O-81-790 - 3/31/1981William Thomas Guy,Jr.
ORDINANCE NO. '790
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.
READ and APPROVED on first reading this the day
of "iv/um, 1981.
READ, APPROVED and ADOPTED on second reading this the
5/ 'Sr day 721(thell
of
ATTEST:
LAND, i y Secretary
1981.
LARRY L. TONN, Mayor
City of Round Rock, Texas
EXHIBIT "A"
Page 1 of 3
FIELD NOTES FOR A 1.675 ACRE, THIRTY (30) FOOT WIDE
STRIP OF LAND
FIELD NOTES describing a thirty (30) foot wide strip of land situated
in the Joseph Thompson Survey, Abstract No. 608, Williamson County,
Texas, also being upon a portion of that certain 457 acre tract convey-
ed to William Thomas Guy, Jr. by deeds recorded in Volume 469, Page 539
and Page 537, and Volume 481, Page 1 and Page 2, of the Deed Records of
said County, as described in Volume 345, Page 460 of said Deed Records,
and being more particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at a fence corner post in the fenced North line
of a portion of the remainder of a 412 acre tract of land conveyed to
Jay L. Wolf by deed recorded in Volume 422, Page 84 of said Deed Re-
cords, also being the Southeast corner of a 65.41 acre tract of land
conveyed to Jack N. Walker by deed recorded in Volume 452, Page 598 of
said Deed Records, and the Northeast corner of said Joseph Thompson
Survey; thence S18°45115"E, 1881.87 feet to a point in the fenced North
line of said 457 acres and a South line of said 412 acres, for the
Northeast corner and POINT OF BEGINNING of the hereinafter described
1.675 acre strip of land;
THENCE along the East line hereof, the following six (6),courses:
1) S18°54'25"E, 280.04 feet to a point, for an angle point hereof;
2) S06°20'40"W, 715.44 feet to a point, for a Point of Curvature here-
of;
3) along the arc of a curve to the left having elements of delta =
36°28'40", radius =`685.00 feet, arc = 436.11 feet, tangent = 225.73
feet, chord and chord bearing = S11°53'40"E, 428.78 feet to a point,
for a Point of Tangency hereof;
4) S30°08'E, 612.40 feet to a point, for an angle point hereof;
5) S33°511E, 261.29 feet to a point, for an angle point hereof;
6) S43°43'E, 111.89 feet to a point, in the middle of the South San
Gabriel River, for the Southeast corner hereof;
THENCE along the centerline of said River, for the South line hereof;
S39°51'W, 30.18 feet to a point, for the Southwest corner hereof;
THENCE in a Northerly direction, departing said River, for the West
line hereof, the following six (6) courses:
1) N43°43'W, 117.86 feet to a point, for an angle point hereof;
2) N33°51'W, 264.85 feet to a point, for an angle point hereof;
3) N30°08'W, 613.37 feet to a point, for a Point of Curvature hereof;
4) along the arc of a curve to the right having elements of delta =
36°28'40", radius = 715.00, arc __= 455.21 feet, tangent = 235.62 feet,
chord bearing and chord = N11°53'40"W, 447.56 feet to a point, for a
Point of Tangency hereof;
5) N06°20'40"E, 708.72 feet to a point, for an angle point hereof;
6) N18°54'25"W, 289.96 feet to a point in the fenced division line
between said 412 acres and said 457 acres, for the Northwest corner
hereof;
THENCE along said fenced division line, for the North line hereof,
S79°53'E, 34.31 feet to the POINT OF BEGINNING of the herein described
tract of land containing 1.675 acres or 72,981 square feet of land more
or less.
EXHIBIT "A"
Page 2 of 3
I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes and attached sketch accurately represent the
results of an on -the -ground survey made under my direction and super-
vision on the 28th 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.
mot y aynie,
Registered Public Surveyor No. 2380
1- 7-8-- 81
Date
Si( ETC N To AccoMPANY F/ LD /Not Es
0, A 1.675 AGRE 30" MOE STRSP OF LANA
OUT OF THE JOSEPH THOMPSON SURVEY J As. 1 60B
WILLIAMSON COUNTyTEXAS.
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Haynie & Kallman Inc
CONSULTING ENGINEERS
2115 North Maya
Round Rock . Texas 713604
EASEMENT
William Thomas Guy, Jr. The City of Round Rock
Grantor Grantee
STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
That William Thomas Guy, Jr. herein called Grantor
(whether one or more), for a good and valuable consideration
paid by the City of Round Rock, Texas, a municipal corpora-
tion, 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 Joseph Thompson
Survey, Abstract No. 608, Williamson County, Texas,
also being that certain 457 acre tract conveyed to
William Thomas Guy, Jr. by deeds recorded in Volume
469, Pages 539 and Page 537, and Volume 481, Page 1
and Page 2, of the Deed Records of said county, and
as described in Volume 345, Page 460 of said Deed
Records.
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 condu-
its, valves, vaults, manholes, ventilators and appurtenances.
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
rights unto Grantee, its successors, and assigns, against
every person whomsoever lawfully claiming or to claim the
same or any part thereof.
Exhibit "B", Page 1
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
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;
- 2 -
Exhibit "B", Page 2
(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.
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.
- 3 -
Exhibit "B", Page 3
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 determin-
ation 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-
serve and protect all trees located outside the permanent
easement but within the temporary construction easement, but
4
Exhibit "B", Page 4
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.
WILLIAM THOMAS GUY, JR.
BEFORE ME, the undersigned authority, on this day person-
ally appeared William Thomas Guy, Jr. 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