R-04-06-24-17A2 - 6/24/2004RESOLUTION NO. R -04-06-24-17A2
WHEREAS, the City desires to purchase a waterline easement
interest in a 0.548 acre tract of land (Parcel 8) for the Higher
Education Center Project, and
WHEREAS, Nelson Homestead Family Partnership, Ltd., the owner of
the property, has agreed to sell said property interest to the City,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Waterline Easement with Nelson Homestead Family
Partnership, Ltd. (Parcel 8), a copy of said Waterline Easement being
attached hereto as Exhibit "A" and incorporated herein for all
purposes, and that the City Attorney is authorized and directed to
complete the purchase of such easement interests for the payment of
$4,521.00 to the owner.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution wasadopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act,
Government Code, as amended.
RESOLVED this 24th day of June,
2004.
Chapter 551, Texas
@PFDesktop\ ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40624A2.WPD/djc
Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WATERLINE EASEMENT
KNOW ALL BY THESE PRESENTS:
That NELSON HOMESTEAD FAMILY PARTNERSHIP,
partnership, hereinafter referred to as Grantor (whether onmo e), "G LTD., a Texas),for
limitednin
consideration of the payment of TEN and NO/100 ($10.00) DOLLARS and other�good and d vale ble
consideration in hand paid to GRANTOR by the CITY OF ROUND ROCK, TEXAS, a home rule
municipal corporation situated in the County of Williamson, State of Texas, ("GRANTEE"), the
receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these
presents does GRANT, SELL, and CONVEY unto Grantee certain rights and interests in the nature
of a perpetual waterline easement to construct, install, operate, maintain, inspect, enlarge,
reconstruct, rebuild, relocate and remove a water distribution system and waterlines, together with all
necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment,
improvements and appurtenances thereto, in, upon, over, under, and across the following described
property (the "Property"), to -wit:
See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto
and in any wise pertaining, showing a waterline easement being a 0.548 acre tract of land situated in
part in the Abel L. Eaves Survey, Abstract No. 215, the Thomas Glasscock Survey, Abstract No.
255, and the Joseph Mott Survey, Abstract No. 427, Williamson County, Texas, being a portion of
that called tract No. One and a portion of that called tract No. Two described by deed to Nelson
Homestead Family Partnership, as recorded in Volume 420, Page 145 of the Deed Records of
Williamson County, Texas; said 0.548 acre tract being more particularly described by metes and
bounds as indicated.
This conveyance is made and accepted subject to any and all conditions, restrictions and other
title matters, if any, relating to the hereinabove described property to the extent, and only to the
extent, that the same may still be in force and effect and shown of record in the office of the County
Clerk of Williamson County, Texas, together with rights of lessees under the unrecorded grazing
lease entered into as of September 1, 2003 between Nelson Homestead Family Partnership, Ltd., and
James A. Davidson, Jr. (AKA Buster Davidson) and Dennis L. Davidson DBA Davidson Brothers.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to
Grantor in the event the waterline and related systems are abandoned, or shall cease to be used, for a
period of five (5) consecutive years.
The easement, rights, and privileges granted herein shall be and are exclusive, and Grantor
covenants that it will not convey any other easement or conflicting rights within the area covered by
this grant without the express written consent of Grantee, which consent shall not be unreasonably
(007.00006645.1)
1
withheld. Grantee shall have the right to review any proposed easement or conflicting use of the
easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its
consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the
waterline.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof, provided that the surface of the
easement area shall be of even grade with Grantor's adjacent property;
(b) the right to support the pipelines across ravines and watercourses within the Property with
such structures as Grantee shall deem necessary;
(c) the right of ingress to and egress from the easement over and across Grantor's adjacent
property that is designated as proposed right-of-way or is between the Property and the
existing and proposed right of way of FM 1460; the foregoing right of ingress and egress
includes the right of Grantee to temporarily disassemble, remove, take down, and clear away
any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's
ingress to and egress from Grantor's property, and should Grantee deem it necessary to so
disassemble, remove, take down, or clear away any such fence,barricade, or other structure,
Grantee shall, as soon as is reasonably feasible, replace or restore such property to as similar
a condition as reasonably practicable as existed immediately prior to Grantee's actions
pursuant to this provision, unless said fence, barricade, or other structure was constructed by
Grantor without authority to do so hereunder; the foregoing right of ingress and egress
applies during the period of construction as well as otherwise;
(d) the right of grading for, construction, 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 easement as authorized hereunder;
(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 Property and to trim and to cut down and clear away any trees
immediately on either side of the easement which now or hereafter may be a hazard to any
pipeline, valves, appliances or fittings within the Property, by reason of the danger of falling
thereon or root infiltration therein, or which may otherwise interfere with the exercise of
Grantee's rights hereunder; 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 easement;
(g) the right to mark the location of the easement by suitable markers set in the ground; provided
that such markers shall be placed in fences or other locations which will not interfere with
{007.00006645. I } 2
any reasonable use Grantor shall make of the easement; and
(h) Grantor further grants and conveys to Grantee the right to temporarily use (i) thero ey
adjacent to the Western boundary of the easement area described herein between theexisting
and proposed right of way of FM 1460 and as shown on A ' and (ii) the 40 -foot
temporary construction easement area also shown on Exi bi as may be reasonably
necessary to construct and install the facilities described above. Upon completion of the
construction and installation of the facilities within the easement area, Grantee shall return
this temporary construction area to the same or substantially similar condition as existed
prior to these activities.
Grantee hereby covenants and agrees:
(a)
Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage
it shall do to Grantor's adjacent property; g
(c) Grantee shall indemnify and hold harmless Grantor and its heirs, executors, administrators
successors and assigns from and against all liability, damages, suits, actions, lien claims,
costs and expenses of whatsoever nature (including reasonable attorney's fees) to persons or
property caused by or arising out of any of Grantee's operations or activities hereunder,
including those of Grantee's agents and contractors;
Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns, also
retains and reserves the right to use, and shall continue to enjoy the surface of such easement and use
of the Property for any and all purposes which do not interfere with and prevent the use by Grantee
of the easement, including the right to build and use the surface of the easement for drainage ditches
and private streets, roads, driveways, alleys, walks, gardens, 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. It is understood and agreed that construction and
use of driveway and/or parking areas for normal commercial usage upon the surface of the easement
is a reasonable use thereof and shall not be considered to interfere with or prevent the use of such
easement. Grantor shall not erect or construct on the easement any building or other structure such
as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement,
or diminish or substantially add to the amount of soil covering the pipelines. Grantee shall not be
responsible or liable for the removal, repair or damage to any property, structure, building, or other
use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before
constructing any improvements which are otherwise prohibited hereunder (other than replacement of
improvements existing on the date hereof), at least ten (10) days written notice shall be provided to
Grantee of the general plans of the improvement to be constructed on the easement, and Grantor
must first obtain the consent and approval from Grantee of the construction and location of any such
improvements within the easement.
{007.00006645.1 }
3
It i s u nderstood a nd a greed t hat a ny a nd a 11 e quipment a nd facilities placed upon said
property shall remain the property of Grantee unless same are abandoned, or shall cease to be used,
for a period of five (5) consecutive years.
Grantor has executed and delivered this agreement, and Grantee has received and accepted
this agreement and the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO
EXPRESSLY REVOKE, RELEASE, NEGATE AND EXCLUDE ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR
IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (I) THE CONDITION OF THE
PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO
FITNESS FOR A PARTICULAR USE OR PURPOSE
; (II) THE SOIL CDITIONS,
DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF HE OP RTY
OR WHICH AFFECT THE PROPERTY; (III) ANY FEATURES OR CONDITIONS AT OR
WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE,
DEVELOPMENT POTENTIAL, OR OTHERWISE; (IV) THE AREA, SIZE, SHAPE,
CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION,
OR AMOUNT OF THE PROPERTY; (V) ALL EXPRESS OR IMPLIED REPRESENTATIONS
OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY
DESCRIPTION OF THE PROPERTY; (VI) ANY ENVIRONMENTAL, GEOLOGICAL, O R
OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR
HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (VII) ALL
OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTOR
WHATSOEVER, EXCEPT FOR THE WARRANTY OF TITLE OR PROPERTY INTEREST AS
SET FORTH HEREIN.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors
and assigns, forever, and Grantor does hereby bind itself, its successors, assigns and legal
representatives to warrant and forever defend, all and singular, the above-described easement and
rights and interests unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming, or to claim, the same or any part thereof, by, through and under Grantor but not
otherwise.
[Signature page to follow]
{007.00006645.1 j 4
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of �i�,� , 2004.
GRANTOR:
NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD.,
a Texas Limited Partnership
By: NELSON HOMESTEAD MANAGEMENT, LLC,
A Texas limited liability company (its general partner)
By:
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Tom E. Nelson,
Jr., Manager of Nelson Homestead Management, LLC, the general partner of Nelson Homestead
Family Partnership, Ltd., known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that he executed said instrument.
GIVEN under my hand and seal of office on this ik dayof
CINDY L. HARRINGTON � , 2004.
Notary public, State of Texas
My Commission Expires
SEPTEMBER 17, 2007
{007.00006645.1 }
Notary Public, tate of Texas
5
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Nyle Maxwell,
mayor of the City of Round Rock, known to me to be the persons whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed said instrument.
GIVEN under my hand and seal of office on this day of 2004.
Notary Public—State of Texas
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
{007.00006645.1 } 6
Page 1 of 3
;rlr
EXHIBIT)
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.548 ACRE TRACT OF
THE ABEL L.
EAVES SURVEY, ABSTRACT NO. 215, THE THOMAS. GLLASSCOC K, N ABS TUATED IN PARTITRACT NO. 255,
AND THE JOSEPH MOTT, ABSTRACT 427, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CALLED TRACT NO. ONE AND A PORTION OF THAT CALLED TRACT
NO. TWO DESCRIBED BY DEED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, AS
RECORDED IN VOLUME 420, PAGE 145 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS: SAID 0.548 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING on a capped W iron rod found in the south
Extension, being the easterly point of cutback with FM 1460, d also being line
most northwesterof Chandler ly
corner and POINT OF BEGINNING hereof;
1. THENCE with said southerly right-of-way tine, N 80°58'15" E for a distance of 50.00
point being the most northeasterly corner of the herein described tract feet
to a
THENCE departing said southerly right-of-way line and
cji
in part the interior of said Tract One the following (6) six cou seesthe interior of saki Tract Two and
2. S 09°01'45" E for a distance of 35.00 feet to a calculated angle point hereof;
3. S 80°58'15" W for a distance of 35.55 feet to a calculated angle point hereof;
4. S 36°05'44" W for a distance 01 115.80 feet to a calculated angle point hereof;
5. 8 09°13'04" E for a distance of 115.78 feet to a point of curvature hereof:
6. Along a curve to the left, having a radius of 3315.00 feet, a central angle of 05°51'46", an arc
length of 339.21 feet, and a chord which bears S 16°19'45" E for a distance of 339.06 feet to a
point of non -tangency hereof and the most southeasterly caner of the herein described tract;
7. S 72°23'30" W a distance of 35.01 feet pass a point in the
F.M. 1460 (right-of-way width variesga proposed easterly right-of-waypoint fine of
e
curving existing easterly right-of-way line of F.M. distance of 79.59 feet tost a in the
line of said Tract One, and the most southwesterly comer of the in dei the westerly boundary
herein described tract;
8. THENCE with the existing easterly right-of-way line of F.M. 1460, same
boundary line of said Tract One alongbeing the westerly
angle of 00°53'27", an arc I a curve to the right, having a radius of 2251.84, a central
distance of 35.01 feet to a calculated point; feet and a chord which bears N 16°04'11" W for a
9. THENCE departing said existing right--of-way line and through the interior of said Tract One, N
72°23'30" E for a distance of 42.82 feet to a point in the said proposed easterly right-of-way line
of F.M. 1460;
1
1
1
1
1
1
1
i
1
1
1
1
1
1
1
1
1
A 'I tc 4. I
Page 2 of 3
10. THENCE with the proposed easterly right-of-way line of F.M. 1460, through the interior of said
Tract One and in part Tract Two along a curve to the right, having a radius of 3350.00, a central
angle of 05°16'07", an arc length of 308.05 feet, and a chord which bears N 16°00'37" W for a
distance of 307.94 feet to a point of tangency in the existing right-of-way line a said P.M. 1460
hereof;
11. THENCE continuing with the westerly boundary line of said Tract Two, same being the existing
easterly right-of-way fine of said F.M. 1460, N 09°13'04" W for a distance of 131.66' feet to an
angle point for cutback of the southerly right-of-way late of said Chandler Road
being an angle point in the most westerly boundary line of the herein describedExtension, and
12. THENCE departing said existing easterly right-of-way line, with said southerly right-of-way One of
Chandler Road Extension, N 36°05'44" E for a distance of 144.86 feet to the POINT OF
BEGINNING hereof and containing 0.548 acre of land more or less.
NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident
with and easterly of the above described courses described as #2 thru 7 (see sketch).
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the
herein was determined by a survey made on the ground under my direction and supervision, y despibed
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. e . en ruesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland CMI Assoc. LLC
206 W. Main St. Ste: 107
Round Rock, Tx. 78664
Nelson.doc
/5-oc7-a 3
Date
Abe! L. Eaves Survey
Abstract No. 215
N 0913'04' W
iii.66'
S0913'04"E
ir 40' TEMPORARY
80'58'15" W CONSTRUCTION
35.55' EASEMENT
/Joseph Mott Survey
'-- Abstract No. 427
NELSON HOMESTEAD FAMILY PARTNERSHIP
VOL. 420. PG.145 D.R.W.C.T.
111.3 AC.
115.78r TRACT TWO
• 1/2" IRON ROD FOUND UNLESS NOTED
M'PRODQMATE SURVEY UNE
CA OPROP Ty UNE
cENTERUNC
R.O.W. RIGHT-OF-WAY
Paa POINT OF BEGINNING
O.'-RW.0-T. OFFICIAL PUBLIC REQS OF
1NLlJAMSON COUNTY. 'OCAS
L = 308.05 4i
CB= N 1600'37" W
C = 307.94
= 00'53'27"
R = 2251.84
L a 35.01'
CB= N 1604'11' W
C = 35.01'
gc (NOTES:
Ido
J 1. BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE
A o DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 63, CENTRAL ZONE
P� USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFlT ! A TITLE
A' REPORT. THERE MAY BE EASEMENTS OR 0
o PERTAINING TO THIS PROPERTY THAT ARE
o
6 INLAND CIVIL'
111 ASSOCIATES
PROFESSIONAL LAND SURVEYORS
206 w MAR( Sr. MORD ROC Tx 76654
PH. 612) 238-1200, MX (512) 236-1251
M. STEPH TRUESDALE
REGISTERED PROfSSIONAL LAND SURVEYOR NO. 4933
UCENSED STATE LAND SURVEYOR
PERMANENT WATERLINE & TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
NELSON HOMESTEAD FAMILY
PARTNERSHIP
DATE: June 18, 2004
SUBJECT: City Council Meeting - June 24, 2004
ITEM: *17.A.2. Consider a resolution authorizing the Mayor to execute a Waterline
Easement with Nelson Homestead Family Partnership, Ltd. For the
Higher Education Center Project.
Department: Legal Department
Staff Person: Steve Sheets, City Attorney
Justification: Improvement to public facilities near in Round Rock.
Funding:
Cost: $4,521.00
Source of funds: Capital Project Funds - Self Financed Utility
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A
Executed
Document
Follows
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
IIIAIIIIIIIIIIIIIIIIII/IIIIIIIjIIIIIIIIIIIIIIIJIIIIIIIIiii/ MMr
10 PGS
WATERLINE EASEMENT
2004055078
KNOW ALL BY THESE PRESENTS:
That NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited
partnership, hereinafter referred to as Grantor (whether one or more), ("GRANTOR"), for and in
consideration of the payment of TEN and NO/100 ($10.00) DOLLARS and other good and valuable
consideration in hand paid to GRANTOR by the CITY OF ROUND ROCK, TEXAS, a home rule
municipal corporation situated in the County of Williamson, State of Texas, ("GRANTEE"), the
receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these
presents does GRANT, SELL, and CONVEY unto Grantee certain rights and interests in the nature
of a perpetual waterline easement to construct, install, operate, maintain, inspect, enlarge,
reconstruct, rebuild, relocate and remove a water distribution system and waterlines, together with all
necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment,
improvements and appurtenances thereto, in, upon, over, under, and across the following described
property (the "Property"), to -wit:
See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto
and in any wise pertaining, showing a waterline easement being a 0.548 acre tract of land situated in
part in the Abel L. Eaves Survey, Abstract No. 215, the Thomas Glasscock Survey, Abstract No.
255, and the Joseph Mott Survey, Abstract No. 427, Williamson County, Texas, being a portion of
that called tract No. One and a portion of that called tract No. Two described by deed to Nelson
Homestead Family Partnership, as recorded in Volume 420, Page 145 of the Deed Records of
Williamson County, Texas; said 0.548 acre tract being more particularly described by metes and
bounds as indicated.
This conveyance is made and accepted subject to any and all conditions, restrictions and other
title matters, if any, relating to the hereinabove described property to the extent, and only to the
extent, that the same may still be in force and effect and shown of record in the office of the County
Clerk of Williamson County, Texas, together with rights of lessees under the unrecorded grazing
lease entered into as of September 1, 2003 between Nelson Homestead Family Partnership, Ltd., and
James A. Davidson, Jr. (AKA Buster Davidson) and Dennis L. Davidson DBA Davidson Brothers.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to
Grantor in the event the waterline and related systems are abandoned, or shall cease to be used, for a
period of five (5) consecutive years.
The easement, rights, and privileges granted herein shall be and are exclusive, and Grantor
covenants that it will not convey any other easement or conflicting rights within the area covered by
this grant without the express written consent of Grantee, which consent shall not be unreasonably
1 0)07.000066645.1 } j6Azi _j
1
withheld. Grantee shall have the right to review any proposed easement or conflicting use of the
easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its
consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the
waterline.
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof, provided that the surface of the
easement area shall be of even grade with Grantor's adjacent property;
(b) the right to support the pipelines across ravines and watercourses within the Property with
such structures as Grantee shall deem necessary;
(c) the right of ingress to and egress from the easement over and across Grantor's adjacent
property that is designated as proposed right-of-way or is between the Property and the
existing and proposed right of way of FM 1460; the foregoing right of ingress and egress
includes the right of Grantee to temporarily disassemble, remove, take down, and clear away
any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's
ingress to and egress from Grantor's property, and should Grantee deem it necessary to so
disassemble, remove, take down, or clear away any such fence, barricade, or other structure,
Grantee shall, as soon as is reasonably feasible, replace or restore such property to as similar
a condition as reasonably practicable as existed immediately prior to Grantee's actions
pursuant to this provision, unless said fence, barricade, or other structure was constructed by
Grantor without authority to do so hereunder; the foregoing right of ingress and egress
applies during the period of construction as well as otherwise;
(d) the right of grading for, construction, 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 easement as authorized hereunder;
(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 Property and to trim and to cut down and clear away any trees
immediately on either side of the easement which now or hereafter may be a hazard to any
pipeline, valves, appliances or fittings within the Property, by reason of the danger of falling
thereon or root infiltration therein, or which may otherwise interfere with the exercise of
Grantee's rights hereunder; 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;
(0
(g)
the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement;
the right to mark the location of the easement by suitable markers set in the ground; provided
that such markers shall be placed in fences or other locations which will not interfere with
{007.00006645.1 } 2
any reasonable use Grantor shall make of the easement; and
(h) Grantor further grants and conveys to Grantee the right to temporarily use (i) the property
adjacent to the Western boundary of the easement area described herein between the existing
and proposed right of way of FM 1460 and as shown on Exhibit "A" and (ii) the 40 -foot
temporary construction easement area also shown on Exhibit "A", as may be reasonably
necessary to construct and install the facilities described above. Upon completion of the
construction and installation of the facilities within the easement area, Grantee shall return
this temporary construction area to the same or substantially similar condition as existed
prior to these activities.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage
it shall do to Grantor's adjacent property;
(c) Grantee shall indemnify and hold harmless Grantor and its heirs, executors, administrators,
successors and assigns from and against all liability, damages, suits, actions, lien claims,
costs and expenses of whatsoever nature (including reasonable attorney's fees) to persons or
property caused by or arising out of any of Grantee's operations or activities hereunder,
including those of Grantee's agents and contractors;
Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns, also
retains and reserves the right to use, and shall continue to enjoy the surface of such easement and use
of the Property for any and all purposes which do not interfere with and prevent the use by Grantee
of the easement, including the right to build and use the surface of the easement for drainage ditches
and private streets, roads, driveways, alleys, walks, gardens, 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. It is understood and agreed that construction and
use of driveway and/or parking areas for normal commercial usage upon the surface of the easement
is a reasonable use thereof and shall not be considered to interfere with or prevent the use of such
easement. Grantor shall not erect or construct on the easement any building or other structure such
as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement,
or diminish or substantially add to the amount of soil covering the pipelines. Grantee shall not be
responsible or liable for the removal, repair or damage to any property, structure, building, or other
use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before
constructing any improvements which are otherwise prohibited hereunder (other than replacement of
improvements existing on the date hereof), at least ten (10) days written notice shall be provided to
Grantee of the general plans of the improvement to be constructed on the easement, and Grantor
must first obtain the consent and approval from Grantee of the construction and location of any such
improvements within the easement.
{007.00006645.1 } 3
It i s u nderstood a nd a greed t hat a ny a nd a 11 e quipment a nd facilities placed upon said
property shall remain the property of Grantee unless same are abandoned, or shall cease to be used,
for a period of five (5) consecutive years.
Grantor has executed and delivered this agreement, and Grantee has received and accepted
this agreement and the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO
EXPRESSLY REVOKE, RELEASE, NEGATE AND EXCLUDE ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR
IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (I) THE CONDITION OF THE
PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO
FITNESS FOR A PARTICULAR USE OR PURPOSE; (II) THE SOIL CONDITIONS,
DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE PROPERTY
OR WHICH AFFECT THE PROPERTY; (III) ANY FEATURES OR CONDITIONS AT OR
WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE,
DEVELOPMENT POTENTIAL, OR OTHERWISE; (IV) THE AREA, SIZE, SHAPE,
CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION,
OR AMOUNT OF THE PROPERTY; (V) ALL EXPRESS OR IMPLIED REPRESENTATIONS
OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY
DESCRIPTION OF THE PROPERTY; (VI) ANY ENVIRONMENTAL, GEOLOGICAL, O R
OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR
HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (VII) ALL
OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTOR
WHATSOEVER, EXCEPT FOR THE WARRANTY OF TITLE OR PROPERTY INTEREST AS
SET FORTH HEREIN.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors
and assigns, forever, and Grantor does hereby bind itself, its successors, assigns and legal
representatives to warrant and forever defend, all and singular, the above-described easement and
rights and interests unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming, or to claim, the same or any part thereof, by, through and under Grantor but not
otherwise.
[Signature page to follow]
{007.00006645.1 } 4
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
s'( day of i� , 2004.
STATE OF TEXAS
COUNTY OF tAt4.4.4.o)
GRANTOR:
NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD.,
a Texas Limited Partnership
By: NELSON HOMESTEAD MANAGEMENT, LLC,
A Texas limited liability company (its general partner)
By:
To E. Ne1s/n, Jr., M ger
GRANTEE:
CITY OF ROUND ROC, . AS
%.
By. .e •
, Mayor
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared Tom E. Nelson,
Jr., Manager of Nelson Homestead Management, LLC, the general partner of Nelson Homestead
Family Partnership, Ltd., known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that he executed said instrument.
GIVEN under my hand and seal of office on this gk day
...................... of �Q� , 2004.
1007.00006645.1 }
CINDY L. HARRINGTON
Notary Public, State of Texas
My Commission Expires
SEPTEMBER 17, 2007
Notary Public,tate of Texas
5
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF /041 --/An
BEFORE ME, the undersigned authority, on this day personally appeared Nyle Maxwell,
mayor of the City of Round Rock, known to me to be the persons whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed said instrument.
GIVEN under my hand and seal of office on this c91/ day of
Ye„
CHRISTINE R. MARTINEZ
1*1 MY COMMISSION EXPIRES
s!;:f ±?` August 28, 2005
AFTER RECORDING RETURN TO:
Don C,ki(As
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
6i1 , 2004.
(1 V-. ')-1").
Notary Public—State of Texas
{007.00006645.1 } 6
Page 1 of 3
sj/4 "
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.548 ACRE TRACT OF LAND SITUATED IN PART IN THE ABEL L.
EAVES SURVEY, ABSTRACT NO. 215, THE THOMAS GLASSCOCK ABSTRACT NO. 255,
AND THE JOSEPH MOTT, ABSTRACT 427, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CALLED TRACT NO. ONE AND A PORTION OF THAT CALLED TRACT
NO. TWO DESCRIBED BY DEED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, AS
RECORDED IN VOLUME 420, PAGE 145 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS: SAID 0.548 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING on a capped W. iron rod found in the southerly right-of-way line of Chandler Road
Extension, being the easterly point of cutback with FM 1460, and also being the most northwesterly
comer and POINT OF BEGINNING hereof;
1. THENCE with said southerly right-of-way line, N 80°58'15" E for a distance of 50.00 feet to a
point being the most northeasterly corner of the herein described tract
THENCE departing said southerly right-of-way line and through the interior of said Tract Two and
in part the interior of said Tract One the following (6) six courses:
2. S 09°01'45" E for a distance of 35.00 feet to a calculated angle point hereof;
3. S 80°58'15" W for a distance of 35.55 feet to a calculated angle point hereof;
4. S 36°05'44" W for a distance of 115.80 feet to a calculated angle point hereof;
5. S 09°13'04" E for a distance of 115.78 feet to a point of curvature hereof:
6. Along a curve to the left, having a radius of 3315.00 feet, a central angle of 05°51'46", an arc
length of 339.21 feet, and a chord which bears S 16°19'45" E for a distance of 339.06 feet to a
point of non -tangency hereof and the most southeasterly comer of the herein described tract;
7. S 72°23'30" W a distance of 35.01 feet pass a point in the proposed easterly
F.M. 1460 (right-of-way width varies), continuing for a total distance of 79.5feet hof -
away fine point of
the
curving existing easterly right-of-way line of said F.M. 1460, same being the westerly boundary
Zine of said Tract One, and the most southwesterly comer of the herein described tract;
8. THENCE with the existing easterly right-of-way Zine of F.M. 1460, same being the westerly
boundary line of said Tract One along a curve to the right, having a radius of 2251.84, a central
angle of 00°53'27", an arc length of 35.01 feet, and a chord which bears N 16°04'11" W for a
distance of 35.01 feet to a calculated point;
9. THENCE departing said existing right-of-way line and through the interior of said Tract One, N
72°23'30" E for a distance of 42.82 feet to a point in the said proposed easterly right-of-way line
of F.M. 1460; •
1
1
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1
1
1
1
1
1
1
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1
1
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(/'t <( 4/Iti'l►ueck1
Page 2 of 3
10. THENCE with the proposed easterly right-of-way line of F.M. 1460, through the interior of said
Tract One and in part Tract Two along a curve to the right, having a radius of 3350.00, a central
angle of 05°16'07", an arc length of 308.05 feet, and a chord which bears N 16°00'37" W for a
distance of 307.94 feet to a point of tangency in the existing right-of-way line of said F.M. 1460
hereof;
11. THENCE continuing with the westerly boundary line of said Tract Two, same being the existing
easterly right-of-way line of said F.M. 1460, N 09°13'04" W for a distance of 131.66' feet to an
angle point for cutback of the southerly right-of-way line of said Chandler Road Extension, and
being an angle point in the most westerly boundary line of the herein described tract;
12. THENCE departing said existing easterly right-of-way line, with said southerly right-of-way line of
Chandler Road Extension, N 36°05'44" E for a distance of 144.86 feet to the POINT OF
BEGINNING hereof and containing 0.548 acre of land more or less.
NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident
with and easterly of the above described courses described as #2 thru 7 (see sketch).
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL. at Round Rock, Williamson County, Texas.
M. St pen 'ruesdale
Registered Professional Land Surveyor No. 4933 ;;:;'---•
Licensed Licensed State Land Surveyor
Inland Civil Assoc. LLC
206 W. Main St Ste: 107
Round Rock, Tx 78664
Nelson.doc
/5ocro 3
Date
1
1
A"
le% bl - (t4iue.
SKETCH TO ACCOMPANY DESCRIPTION
P.0.8.�
SCALE: 1" = 50'
Abel L. Eaves Survey
Abstract No. 215
N 0913'04' W
131.66'
a
4 =
0516'07"
R = 3350.00
L = 308.05
CB= N 16'00'37" W
C = 307.94
= 00'53'27"
R = 2251.84
L = 35.01'
CB= N 16'04'11" W
C = 35.01'
N 80'58'15" E
50.00'
CHANDR ROAPOO EXONS
rON
509'01'45"E
35.00'
40' TEMPORARY
$0'5$'15" W CONSTRUCTION
35.55' EASEMENT'
Joseph Mott Survey
~--_ / Abstract No. 427
V NELSON HOMESTEAD FAMILY PARTNERSHIP
VOL. 420. PG.145 D.R.W.C.T.
S0913'04"E/ 111.3 AC.
115.78 TRACT TWO
LS = 05'51'45"
R = 3315.00'
L = 339.21'
it.C8= S1619'45" E
C — 339.06'
r -g
rz.c NOTES:
1. BEARINGS ARE BASED ON GRED BEARINGS. DISTANCES ARE SURFACE
4 z DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE
A,0 TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE
PG V USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT ! TITLE
b,?,
PREPORT. THERE MAY BE EASEMENTS OR OTH
+ z PERTAINING TO THIS PROPERTY THAT ARE
v
N72'23'30"
42.82'
LEGEND
• 1/2' IRON ROD FOUND UNLESS NOTED
"— • — APPROXIMATE SURVEY UNE
L-'-- PROPERTY UNE
CA
ROM. -0.13- RIGHT-OF-WAY
NING
O P.RNCGT. OFFPOIICIAL PUOF BLIC C RECORDS OF
WILLIAMSON COUNTY. TEXAS
Thos. Glasscock Survey
Abstract No. 255
TRACT ONE
z
w
w
35.01
S 7273'30" W
79.59'
icit PROFESSIONAL LAND SURVEYORS
206 W MAN Sr. ROUND AOC(, TX. 76684
Y Y11. (512) 238-1200, FAX (512) 238-1251
INLAND CIVIL'
ASSOCIATES
Nj
M. STEPH TRUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
PERMANENT WATERLINE & TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
NELSON HOMESTEAD FAMILY
PARTNERSHIP