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O-81-791 - 3/31/1981Jack N. Walker ORDINANCE NO. 74/ 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 attached hereto and incorporated herein for all purposes. READ and APPROVED on first reading this the °f U / /alLeA , 1981. "B" day READ, APPROVED and ADOPTED on second reading this the Si -r day of IMAM 1981. ATTEST: NNE LAND, C ty Secretary LARRY L. TONN, Mayor City of Round Rock, Texas EXHIBIT "A" FIELD NOTES FOR A 0.573 ACRE, THIRTY (30) FOOT WIDE STRIP OF LAND FIELD NOTES describing a thirty (30) foot wide strip of land situated in the Issac Donagan Survey, Abstract No. 178, Williamson County, Tex- as, also being upon a 65.410 acre tract of land conveyed to Jack N. Walker by deed recorded in Volume 452, Page 598 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 South right-of-way line of State Highway No. 29 and the East line of said Issac Donagan Survey, Abstract No. 178, also being the Northeast corner of said 65.410 acre tract, for the Northeast corner and POINT OF BEGINNING of the hereinafter describ- ed 0.573 acre tract of land; THENCE along said survey line, as fenced, and the East line of said 65.410 acres, for the East line hereof, S18"54'25"E, 826.92 feet to a fence corner post, being the Southeast corner of said Issac Donagan Survey and the Southeast corner of said 65.410 acres, for the Southeast corner hereof; THENCE along the South line of said Issac Donagan Survey and the South line of said 65.410 acres, for the South line hereof, S71°05'35"W, 30.00 feet to a point, for the Southwest corner hereof; THENCE departing said survey line and the South line of said 65.410 acres, N18°54'25"W, 836.70 feet to a point in said South right-of-way line, for the Northwest corner hereof; THENCE along said South right-of-way line, for the North line hereof, N89`09'35"E, 31.56 feet to the POINT OF BEGINNING of the herein described tract of land containing 0.573 acres of land more or less. I, Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes and attached sketch were prepared from maps and records made by others and a partial on -the -ground survey made under my direction and supervision on the 16th day of December, 1980. All cor- ners located are as shown. There are no encroachments, conflicts or protrusions apparent on the ground except as shown. HAYNIE & KALLMAN, INC. • Timothy E. aynie, Registered Public Surveyor No. 2380 Date �2. —/G, -84 SKETCH TO ACCOMPANY F/e.L.D. Nors OF 0.5 73 Ac R e s Our ac- THE .25SAC DONAGAN SURVEY - /78 , ILL/AMSON COUNTY, /EXAs m 3 -S- 149 S- 14 It 1 J • i Cr ii 4-/ I'n, 4 on r V„j• 1/4). Am k Ov(', c` `v i+w I ll r,` r,) ” 0lJ eG2 .; •0 �1-•. w 4-744:y, , r� LEGEND • IRON PAN £LIN., • PENCE CoR . I,ST Haynie & Kallman In{ CONSULTING ENGINEERS 2115 North Mays Round Rock. Texas 714 EASEMENT Jack N. Walker The City of Round Rock Grantor Grantee STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Jack N. Walker, 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: A Tract of land situated in the Issac Donagan Survey, Abstract No. 178, Williamson County, Texas, and also being a 65.410 acre tract of land conveyed to Jack N. Walker by deed recorded in Volume 452, Page 598 of the Deed Records of said County. The easement and right-of-way hereby conveyed shall be upon 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 noted, the easement, rights, and privileges herein granted shall be perpetual. Grantor hereby binds himself, his heirs, and legal representatives, to War- rant and Forever Defend 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; (d) the right of grading for, constructing, maintaining - 2 -- Exhibit Exhibit "B", Page 2 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 omission of its agents or employees in the course of their employment. - 3 - Exhibit "B", Page 3 Grantor also retains, reserves, and shall continue to enjoythe surface of such strip for any and all purposes which do not interfere with and prevent the use by Grantee of the within easement including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gar- dens, lawns, parking areas and other like uses and/or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; provided the Grantor shall not erect 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 reasonable compensation for such fences which may not be replaceable. Grantee shall endeavor where possible to pre- - 4 - Exhibit "B", Page 4 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. Jack N. Walker BEFORE ME, the undersigned authority, on this day person- ally appeared Jack N. Walker 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. Given under my hand and seal of office on this the day of , 1981. Notary Public in and for Williamson County, Texas - 5 - Exhibit "B", Page 5