O-81-792 - 3/31/1981River Ridge, Inc.
ORDINANCE NO. 7902,
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO PROCEED WITH THE ACQUISITION OF CERTAIN
EASEMENTS THROUGH EMINENT DOMAIN PROCEEDINGS.
WHEREAS, the Council of the City of Round Rock, Texas,
has determined that an additional water supply is necessary
for the health and safety of the citizens of the City, and
WHEREAS, the City has previously contracted with the
Brazos River Authority for water from Lake Georgetown, and
WHEREAS, it is necessary to acquire easements over cer-
tain property to construct and install a raw water line to
deliver the water from Lake Georgetown to the City, and
WHEREAS, one of the necessary easements is over certain
property described in Exhibit "A", attached hereto and incor-
porated herein, and
WHEREAS, negotiations with the owner(s) of the above
described tract to purchase said easement have not been
successful, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
I.
That the City Attorney and/or other attorney(s) retained
by the City are hereby authorized and directed to immediately
proceed with the acquisition through eminent domain proceed-
ings of an easement for water line purposes over and upon the
property described in Exhibit "A", attached hereto and incor-
porated herein for all purposes. The terms, conditions,
rights, responsibilities and obligations of the easement
authorized for acquisition is as described in Exhibit "B",
attached hereto and incorporated herein for all purposes.
T
READ and APPROVED on first reading this the JO day
of ind,a,
, 1981.
READ, APPROVED and ADOPTED on second reading this the
O3r
day of G2/ , 1981.
ATTEST:
NNE LAND, City Secretary
LARRY L. TONN, Mayor
City of Round Rock, Texas
EXHIBIT "A"
Page 1 of 3
FIELD NOTES FOR A 0.926 ACRE TRACT OF LAND
FIELD NOTES describing a 0.926 acre tract of land situated in the
Joseph Thompson Survey, Abstract No. 608, Williamson County, Texas,
also being upon the remainder of that certain 178.58 acre tract of land
conveyed to River Ridge, Inc., by General Warranty Deed recorded in
Volume 748, Page 455 of the Deed Records of said County, and being more
particularly described by metes and bounds as follows:
BEGINNING at an iron pin found in the North right-of-way line of F.M.
No. 2243, being the most Southerly corner of Lot 85, Block "0", and the
most Southerly corner of River Ridge Section One, as shown on a Plat of
Record in Cabinet 0, Slide 194-196, of the Plat Records of said County;
thence along said North right-of-way line and a South line of the re-
mainder of said 178.58 acre tract of land, S39°41'W, 525.00 feet to a
point for the most Southerly Southeast corner and POINT OF BEGINNING of
the hereinafter described 0.926 acre tract of land;
THENCE along said North right-of-way line, for the South line hereof,
S39 41 W, 15.00 feet to a point, for the Southwest corner hereof;
THENCE departing said right-of-way .line, in a Northerly direction, for
the West line hereof, the following thirteen (13) courses:
1) N50°191W, 15.00 feet to a point, for a Point of Curvature hereof;
2) along the arc of a curve to the right having elements of delta =
71°09', radius = 330.538 feet, arc = 410.46, tangent = 236.42 feet,
chord bearing and chord = N14°44'30"W, 384.59 feet to a point, for a
Point of Tangency hereof;
3) N20°50'E, 119.94 feet to a point, for a Point of Curvature here-
of;
4) along the arc of a curve to the left having elements of delta =
31°01', radius = 384.35 feet, arc = 208.06 feet, tangent = 106.65 feet,
chord bearing and chord = NO5°19'30"E, 205.53 feet to a point, for a
Point of Tangency hereof;
5) N10°111W, 391.79 feet to a point, for a Point of Curvature hereof;
along the arc of a curve to the right having elements of delta
12°22', radius = 676.11 feet, arc = 145.93 feet, tangent = 73.25 feet,
chord bearing and chord = N04°O0'W, 145.65 feet to a point, for a Point
of Tangency hereof;
7) NO2°111E, 317.73 feet to a point, for a Point of Curvature here-
of;
8) along the arc of a curve to the left having elements of delta
19°23', radius = 321.32 feet, arc = 108.70 feet, tangent 54.88 feet,
chord bearing and chord = N07°30'30"W, 108.19 feet to a point, for a
Point of Tangency hereof;
9) N17°12'W, 180.42 feet to a point, for an angle point hereof;
10) N46°45'30"E, 338.65 feet to a point, for an angle point hereof;
11) N01°45'30"E, 30.02 feet to a point, for an angle point hereof;
12) N20°44'30"W, 135.98 feet to a point, for an angle point hereof;
13) N44°35'30"W, 52.71 feet to a point in the centerline of the South
San Gabriel River, being a North line of the remainder of said 178.58
acres, for the most Northerly Northwest corner hereof;
THENCE along said centerline and a North line of said 178.58 acre re-
mainder, for the North line hereof, N38°58°E, 30.19 feet to a point,
for the most Northerly Northeast corner hereof;
THENCE departing said centerline, in a Southerly direction, for the
East line hereof, the following fifteen (15) courses:
1) S44°35'30"E, 62.42 feet to a point, for an angle point hereof;
2) S20 44'30"E, 148.29 feet to a point, for an angle point hereof;
3) S01°45'30"W, 21.21 feet to a point in the North line of Lot 71,
Block "0", and a North line of said River Ridge Section One, for an
angle point hereof;
4) along said North lot line and a North line of said Section One,
N85°24'W, 4.40 feet to an iron pin found, being the Northwest corner of
said Lot 71 and an angle point in said Section One, for an angle point
hereof;
EXHIBIT "A"
Page 2 of 3
5) S02°11'W, 10.69 feet to a point in the West line of said Lot 71
and a West line of said Section One, for an angle point hereof;
6) S46°45'30"W, 350.39 feet to a point, for an angle point hereof;
7) S17°12'E, 171.06 feet to a point, for a Point of Curvature here-
of;
8) along the arc of a curve to the right having elements of delta =
19°23', radius = 336.32 feet, arc = 113.78 feet, tangent = 57.44 feet,
chord bearing and chord = S07°30'30"E, 113.24 feet to a point, for a
Point of Tangency hereof;
9) S02°11'W, 317.73 feet to a point, for a Point of Curvature here-
of;
10) along the arc of a curve to the left having elements of delta =
12°22', radius = 661.11 feet, arc = 142.69 feet, tangent = 71.62 feet,
chord bearing and chord = SO4°00'E, 142.42 feet to a point, for a Point
of Tangency hereof;
11) S10°11'E, 391.79 feet to a point, for a Point of Curvature here-
of;
12) along the arc of a curve to the right having elements of delta =
31°01', radius = 399.35 feet, arc = 216.18 feet, tangent = 110.81 feet,
chord bearing and chord = S05°19'30"W, 213.56 feet to a point, for a
Point of Tangency hereof;
13) S20°50'W, 119.94 feet to a point, for a Point of Curvature here-
of;
14) along the arc of a curve to theleft having elements of delta =
71°09', radius = 315.54 feet, arc = 391.84 feet, tangent = 225.70 feet,
chord bearing and chord = S14°44'30"E, 367.14 feet to a point, for a
Point of Tangency hereof;
15) S50°19'E, 15.00 feet to the POINT OF BEGINNING ofthe herein de-
scribed tract of land containing 0.926 acres or 40,341 square feet of
land more or less.
I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on -the -
ground survey made under my direction and supervision on the 30th day
of January, 1981. All corners located are as shown. There are no
encroachments, conflicts or protrusions apparent on the ground except
as shown.
HAYNIE & KALLMAN, INC.
mothy E Haynie,
Registered Public Surveyor No. 2380
Date
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LEGEND
• IRON AN FOtJNO
■ HIGKk/AY Mom
Haynie & Kallman In
CONSULTING ENGINEER
2t15 North Maya
Round Rock. Text 7RRfi
EASEMENT
River Ridge, Inc. The City of Round Rock
Grantor Grantee
STATE OF TEXAS
. KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That River Ridge, Inc., a Texas Corporation, herein
called Grantor (whether one or more), for a good and valuable
consideration paid by the City of Round Rock, Texas, a
municipal corporation, herein called Grantee, receipt of
which consideration is hereby acknowledged, does hereby
Grant, Sell, and Convey, unto Grantee an easement and right-
of-way upon and across the following described property of
Grantor:
upon
A Tract of land situated in the Joseph Thompson
Survey, Abstract No. 608, Williamson County, Texas,
also being the remainder of that certain 178.58
acre tract of land conveyed to River Ridge, Inc. by
Deed recorded in Volume 748, Page 455 of the Deed
Records of said County.
The easement and right-of-way hereby conveyed shall
be
and across a thirty foot (30') wide strip of the above
described property, said strip more particularly described as
follows:
As described in Exhibit "A" attached hereto and
incorporated herein.
The right-of-way, easement, rights, and privileges here-
in granted shall be used for the purpose of placing, con-
structing, operating, enlarging, repairing, maintaining,
rebuilding, replacing, relocating, and removing a raw water
transmission pipeline or pipelines with all necessary con-
duits, valves, vaults, manholes, ventilators and appurte-
nances.
Except as otherwise
privileges herein granted
binds himself, his heirs,
rant and Forever Defend
noted, the easement, rights, and
shall be perpetual. Grantor hereby
and legal representatives, to War -
the above described easement and
Exhibit "B", Page 1
rights unto Grantee, its successors, and assigns, against
every person whomsoever lawfully claiming or to claim the
same or any part thereof.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that he will not convey any
other easement or conflicting rights within the area covered
by this grant, without the express written consent of Gran-
tee, which consent shall not be unreasonably withheld. Gran-
tee shall have the right to review any proposed easement or
conflicting use of the easement granted herein to determine
the effect, if any, on the water line contemplated herein.
Prior to granting its consent for other easement, Grantee may
require reasonable safeguards to protect the integrity of the
water line.
Grantor further grants to Grantee:
(a) the right to grade the strip of land for the full
width thereof and to extend the cuts and fills for such
grading into and on the land along and outside the strip
to such extent as Grantee may find reasonably necessary;
(b) the right to support the pipelines across ravines
and watercourses with such structures as Grantee shall
deem necessary;
(c) the right of ingress to and egress from the strip
over and across Grantor's property by means of roads and
lanes thereon, if such exist, otherwise by such route or
routes as shall occasion the least practicable damage
and inconvenience to Grantor; provided that such right
of ingress and egress shall not extend to any portion of
the Grantor's property which is isolated from the strip
by any public highway or road now crossing or hereafter
crossing the property; the foregoing right of ingress
and egress applies during the period of construction as
well as otherwise;
- 2 -
Exhibit "B", Page 2
(d) the right of grading for, constructing, maintaining
and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right
of ingress and egress or to provide access to property
adjacent to the strip;
(e) the right from time to time to trim and to cut down
and clear away any and all trees and brush now or
hereafter on the strip and to trim and to cut down and
clear away any trees on either side of the strip which
now or hereafter in the opinion of Grantee may be a
hazard to the pipelines, valves, appliances or fittings,
by reason of the danger of falling thereon, or which may
interfere with the exercise of Grantee's rights here-
under; provided, however, that all trees which Grantee
is hereby authorized to cut and remove, if valuable for
timber or firewood, shall continue to be the property of
Grantor, but all tops, lops, brush and refuse wood shall
be burned or removed by Grantee;
(f) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
strip;
(g) the right to mark the location of the strip by
suitable markers set in the ground; provided that such
markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor
shall make of the strip.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the strip;
(b) Grantee shall promptly backfill any trench made by
it on the strip and repair any damage it shall do to
Grantor's private roads or lanes on the lands;
(c) shall indemnify against any loss and damage which
shall be caused by the exercise of the rights of ingress
and egress or by any wrongful or negligent act or
3
Exhibit "B", Page 3
omission of its agents or employees in the course of
their employment.
Grantor also retains, reserves, and shall continue to
enjoy the surface of such strip for any and all purposes
which do not interfere with and prevent the use by Grantee of
the within
surface of
and private
easement including the right to build and use the
the herein granted easement for drainage ditches
streets, roads, driveways, alleys, walks, gar-
dens, lawns, parking areas
and other like uses and/or to
dedicate all or any part of the
affected by this
public street,
erect
surface of the property
easement to any city or county for use as a
road or alley; provided the Grantor shall not
or construct any building or other structure, or drill
or operate any well, or construct any reservoir or other
obstruction on the strip, or diminish or substantially add to
the ground cover over the pipelines. Provided however, before
constructing any of the above permitted improvements, the
plans therefor shall be submitted to Grantee for its determi-
nation as to whether or not the proposed improvements will
interfere with Grantee's use.
In addition to the easements, rights, and privileges
herein conveyed, Grantee shall have the right to use for a
temporary construction easement so much of the surface of the
hereinbefore -described property of Grantor as may be reasona-
bly necessary to construct and install within the right-of-
way granted hereby the facilities contemplated by this grant;
but in no event shall the temporary construction easement be
more than eighty
feet wide. The temporary construction ease-
ment shall expire on October 31, 1982, or when the project
engineers certify in writing to Grantor that construction is
complete, whichever first shall occur. Upon the completion of
such construction and installation, Grantee shall replace and
restore all fences, which may have been relocated or removed
during the construction period, and Grantee shall pay Grantor
4
Exhibit "B", Page 4
reasonable compensation for such fences which may not be
replaceable. Grantee shall endeavor where possible to pre-
serve and protect all trees located outside the permanent
easement but within the temporary construction easement, but
in the event that existing trees prevent the reasonable use
of the temporary construction easement, Grantee shall have
the same rights and responsibilities concerning tree removal
as in the permanent easement.
This instrument shall be binding upon the heirs, execu-
tors, administrators, successors, and assigns of the parties
hereto.
IN WITNESS WHEREOF, this instrument is executed this
day of
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
, 1981.
RIVER RIDGE, INC.
By:
President
BEFORE ME, the undersigned authority, on this day person-
ally appeared of
River Ridge, Inc., a corporation, known to me to be the
person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity
therein stated and as the act and deed of said corporation.
Given under my hand and seal of office on this the
day of , 1981.
Notary Public in and for
County, Texas
Exhibit "B", Page 5
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