Contract - Avery Ranch Company Ltd - 3/12/2015 REAL ESTATE CONTRACT
REUSE WATERLINE EASEMENT—PHASE VI
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This Real Estate Contract ("Contract") is entered into between Avery Ranch Company, �
Ltd., a Texas limited partnership; and Charles N. Avery, III, Trustee of the Charles N.
Avery,III Exempt Trust;John S.Avery,Trustee of the John S. Avery Exempt Trust; A.Nelson
Avery, Trustee of the A. Nelson Avery Exempt Trust; and Lucille Christina Avery Fell
Trustee of the Lucille Christina Avery Fell Exempt Trust, ("Seller"), and the CITY OF ROUND
ROCK, a Texas home-rule municipal corporation ("Buyer") upon the terms and conditions set
forth as follows:
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1. Purchase and Sale of Property
1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, a
permanent waterline easement interest in and to two parcels of land totaling approximately 1.964
acres located in Williamson County, Texas, being more particularly described by metes and
bound in Exhibits A-B, attached hereto and incorporated herein.
1.02 Seller further sells and agrees to convey, and Buyer purchases and agrees to pay
for, a temporary construction easement interest for the purposes of installing reuse waterline
facilities within the adjacent permanent easement property, in and to certain property of Seller
totaling approximately 2.831 acres of land located in Williamson County, Texas, and being more
particularly described on the plats to accompany the property descriptions in Exhibits A-B,
attached hereto and incorporated herein.
1.03 The real property interests described above, and any rights or appurtenances are
referred to in this Contract as the"Property".
2. Sales Price
2.01 Amount of Sales Price. The sales price for the Property shall be the sum of ONE
HUNDRED FORTY THREE THOUSAND AND FIFTY THREE and N01100 DOLLARS
($143,053.00)("Sales Price").
2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in
cash at the closing.
2.03 Additional Consideration. As additional consideration, Buyer shall reimburse
Seller for the reasonable cost to remove or relocate any improvements in conflict with the
waterline installation project contemplated within the Property, and as set out in further detail in
the proposed easement document attached hereto as Exhibit C. In addition, as an obligation
which shall survive the Closing of this transaction, Buyer agrees to cause the boundary of the
Easement to be staked on the ground on or before January 15, 2015, in order to allow any
fanning tenants on the property to identify areas where no crops shall be planted during
installation of the waterline facilities as contemplated herein.
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3. Buyers Obligations
3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract
are subject to the satisfaction of each of the following conditions (any of which may be waived
in whole or in part by Buyer at or before the closing).
3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller,
at Seller's expense, will obtain from the Title Company a preliminary title report ("Title
Report"), accompanied by copies of all recorded documents relating to easements,rights-of-way,
etc., affecting the Property.
(A) Buyer will give Seller written notice on or before the expiration of 10 days
after Buyer receives the Title Report that the condition of title as set forth in the Title Report is
or is not satisfactory.
(B) In the event that Buyer states that the condition is not satisfactory, Seller
will promptly undertake to eliminate or modify all unacceptable matters to the reasonable
satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written
notice, this Contract will be terminated and the Escrow Deposit will be returned by the Title
Company to Buyer. Otherwise, this condition will be deemed acceptable and any objection by
the Buyer will be deemed waived.
3.03 Surve . Buyer, at Buyer's expense, will obtain a current plat or survey of the
Property,prepared by a licensed Texas land surveyor selected by Buyer.
3.04 Seller's Full Compliance. Seller will have complied with all of the covenants,
agreements, and conditions required by this Contract by the closing date.
4. Representations and Warranties of Seller
Seller represents and warrants to Buyer,as of the closing date, as follows:
4.01 There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers, other than previously disclosed to Buyer.
4.02 The Property herein is being conveyed to Purchaser under threat of condemnation.
4.03 Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property, or any part of it.
4.04 Seller is not aware of any material physical defects to the Property.
4.05 Seller is not aware of any environmental hazards or conditions that affect the
Property.
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4.06 Seller is not aware that the Property is or has ever been used for the storage or
disposal of hazardous materials or toxic waste,or any underground tanks or containers.
5. Closing
5.01 Date and Location. The closing will be held at the office of Texas American Title
Company ("Title Company"), on or before October 31, 2014 ("Closing Date"), or at a time, date,
and place agreed on by Seller and Buyer. `
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5.02 Sellers Responsibilities at Closing. At the closing Seller will:
(A) Deliver to Buyer a properly executed and acknowledged Reuse Waterline
Easement (the"Easement") conveying such property interest in and to all of the Property, free of
all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the
following:
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(i) Any exceptions approved by Buyer in accordance with Section 3
of this Contract; and
(ii) Any exceptions approved by Buyer in writing.
(B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued
by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's
interest in and to the Property subject to the title exceptions listed in herein, to any other
exceptions approved in writing by Buyer, and to those standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, with the following exceptions:
(i) The boundary and survey exceptions will be deleted;
(ii) The exception as to restrictive covenants will be endorsed"None
of Record"; and
(iii) The exception as to the lien for taxes will be limited to the year of
closing and will be endorsed"Not Yet Due and Payable."
(C) Deliver to Buyer possession of the Property.
(D) The form of the Easement document shall be as shown in Exhibit C
attached hereto and incorporated herein.
5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales
Price.
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5.04 Prorations. General real estate taxes for the current year relating to the Property,
interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be
prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs
before the tax rate has been fixed for the current year, the apportiomnent of taxes will be on the
basis of the tax rate for the preceding year applied to the latest assessed valuation. All special
taxes or assessments to the Closing Date will be paid by Seller.
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5.05 Apportiomnent of Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property will be paid as follows:
(A) Owner's Title Policy paid by Buyer.
(B) Survey paid by Buyer. i
(C) Easement,tax certificates,and title curative matters, if any,paid by Buyer. 1
(D) All other closing costs to be paid by Buyer.
(E) Attorney's fees paid by each respectively.
6. Breach by Seller
6.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely
perform any of its obligations under this Contract or fails to consummate the sale of the Property
for any reason(except for Buyer's default),Buyer will have the right to:
(A) Enforce specific performance of this Contract; or
(B) Request that the Escrow Deposit, if any, will be returned by the Title
Company to Buyer.
7. Breach by Bu. er
7.01 Seller's Rights in the Event of Breach by Buyer. In the event Purchaser should
fail to consummate the purchase of the Property, the conditions to Buyer's obligations set forth
herein having been satisfied and Buyer being in default and Seller not being in default hereunder,
Seller shall have the right to receive the Escrow Deposit, if any, from the title company,the sum
being agreed on as liquidated damages for the failure of Buyer to perform the duties, liabilities,
and obligations imposed upon it by the terms and provisions of this Contract,and Seller agrees to
accept and take this cash payment as its total damages and relief and as Seller's sole remedy
hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the
amount of$500 as liquidated damages for any failure by Buyer.
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8. Miscellaneous Provisions
8.01 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated by this Contract, will survive the
closing.
8.02 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Buyer, as the case may be, at the address set forth in the j
signature block below. f
8.03 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Williamson County, Texas.
8.04 Parties Bound. This Contract shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Contract.
8.05 Legal Construction. In case any one or more of the provisions contained in this
Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability will not affect any other provision hereof, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed.
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8.06 Prior Contracts Superseded. This Contract constitutes the sole and only agreement
of the parties and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter of this Contract.
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8.07 Time of Essence. Time is of the essence in this Contract.
8.08 Memorandum of Contract. Upon the request of either party, both parties will
promptly execute a memorandum of this Contract suitable for filing of record.
8.9 Compliance. In accordance with the requirements of Section 20 of the Texas Real
Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title
insurance, or Buyer should have the abstract covering the Property examined by an attorney of
Buyer's own selection.
8.10 Effective Date. This Contract shall be effective as of the date it is approved by the
Round Rock City Council,which date is indicated beneath the Mayor's signature below.
8.11 Counterparts. This Contract may be executed in any number of counterparts,
which may together constitute the Contract. Signatures transmitted by facsimile or electronic
mail may be considered effective as originals for purposes of this Contract.
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8.12 Signature Warranty Clause. The signatories to this contract represent and warrant
that they have the authority to execute this Contract on behalf of Seller and Buyer,respectively.
The parties are signing this Contract on the dates indicated.
SELLER
Avery Ranch Company,Ltd.
By: CJAC,Inc., its General Partner
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By:
J S.Avery, its President
Charles N. Avery,III, ru tee of the Char le very,III Exempt Trust
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.Avery,Trustee oft hn S. Avery Exempt Trust
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A. Nelson Avery,Trustee 61 .Nelson Avery Exempt Trust
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Lucille Christina Avery Fell,Trustee of the Lucille Christina Avery Fell Exempt Trust
BUYER:
CITY OF ROUND ROCK,TEXAS
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BY:
Alan McGraw,Mayor
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Attest: For C Approved as t Form:
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Sara White,City derk Ste an L Sheets, City Attorney
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A. Nelson Avery,Trustee of the A.Nelson Avery Exempt Trust
Lucille Christina Avery Fell,Trustee the Lucille Christina Avery Fell Exempt Trust
BUYER: I
CITY OF ROUND ROCK,TEXAS
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BY:
Alan McGraw,Mayor
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Attest: For City,Approved roved as to Form:
Sara White, City Clerk Stephan L. Sheets, City Attorney
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Page 1 of 4
August 26,2014
EXHIBIT
County: Williamson
Parcel: Avery Ranch Company,LTD.
Easement
Project: CORR Reclaimed Waterline
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.973 ACRE(42,390 SQUARE FOOT), TRACT OF LAND SITUATED IN THE THOMAS GLASSCOCK SURVEY,
ABSTRACT NO, 255, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER PORTION OF THAT CALLED
1200.19 ACRE TRACT"PARCEL TWO (WALLIN FARM)" (TRACT 1)OF LAND CONVEYED TO AVERY RANCH COMPANY, LTD.BY
INSTRUMENT RECORDED IN DOCUMENT NO. 2002071336, AND BEING A PORTION OF FORMER MISSOURI-KANSAS-TEXAS
RAILROAD COMPANY(MOKAN)RIGHT-OF-WAY TRACT(100 FOOT RIGHT-OF-WAY WIDTH)CONVEYED TO CHARLES N.AVERY,
JR.,HELEN PHINNEY,FRANCES MCCORGUODALE,MARY WATT,AND THOMAS E.NELSON,JR.BY INSTRUMENT RECORDED IN
VOLUME 773, PAGE 652 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND REFERRED TO IN "PARCEL TWO-
(TRACT II) IN SAID DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS,SAID
0.973 ACRE(42,390 SQUARE FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: t
BEGINNING at the calculated southeasterly corner of that called 0.049 acre Easement(Part 2)Exhibit"B"conveyed to the City of Round
Rock,Texas in Document No.2014000914,of the Official Public Records of Williamson County,Texas,same being in the former westerly
right-of-way line of said(MOKAN)tract,also being in the northerly right-of-way line of County Road 112,for the southwesterly corner of the
herein described tract; t
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1) THENCE,departing said northerly right-of-way line of County Road 112,with the common boundary line of said former(MOKAN)
tract and the easterly boundary line of said 0.049 acre Easement tract,N 05°56'33"E for a distance of 33.70 feet to a calculated
point,for an angle point of the herein described tract; E
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2) THENCE,departing said 0.049 acre Easement tract,through the interior of said former(MOKAN)tract,parallel with and 30 feet
from the right-of-way line of said County Road 112,N 68°49'47"E for a distance of 112.35 feet to a calculated angle point,being
in the easterly right-of-way line of said former(MOKAN)tract;
3) THENCE,with the easterly right-of-way line of said former(MOKAN)tract, N 05°56'33" E for a distance of 1916.55 feet to a
calculated point in the common boundary line of said 1200.19 acre remainder tract,same being the southerly boundary line of that
called 385.37 acre remainder of 442.95 acre tract of land(Exhibit"A",1)conveyed to Nelson Homestead Family Partnership,LTD.
by instrument recorded in Document No. 9824078 of the Official Records of Williamson County,Texas, for the northwesterly
corner of the herein described tract;
4) THENCE,departing said former(MOKAN)tract,with the common boundary line,N 65°49'49"E for a distance of 23.12 feet to the
calculated northeasterly corner of the herein described tract;
5) THENCE,departing said common boundary line,through the interior of said 1200.19 acre remainder tract,parallel with and 20
feet from said former(MOKAN)tract,S 05°56'33"W for a distance of 1951.62 feet,being in the northerly right-of-way line of said
County Road 112,for the southeasterly corner of the herein described tract;
6) THENCE, through the interior of said 1200.19 acre remainder tract, same being the northerly right-of-way line of County Road
112,S 68°49'47"W for a distance of 134.81 feet to the POINT OF BEGINNING,containing 0.973 acres,(42,390 square feet)of
land,more or less.
NOTE:There is also a 30 foot wide Temporary Construction Easement(T.C.E.)easterly of,contiguous and parallel to Call 5 of the above
description and are depicted on the accompanying Parcel Plat.
This properly description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System,Central Zone No.4203,NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That 1,Lawrence M.Russo,a Registered Professional Land Surveyor,do hereby certify that the above description is true and correct and
that the properly described herein was determined by a survey made on the ground under my direct supervision.
WITN MY HAND AND SEAL at Round Rock;Williamson County,Texas.
� t J
awr nce M.Russo /Date
istered Professional Land Surveyor No.505
Inland Geodetics,LLC t
Firm Registration No:100591-00 ,�s .s
1504 Chisholm Trail Road,Suite 103 �a o at,
Round Rock,TX 78681
IM ,
5090
-Sr
S1 CORR-PROJECTSIMOKAN REUSE WATER EASEIPARCELSINELSON-CORR-REUSE WATER-MOKAN-REV.DOC
EXHIBIT j
PLAT TO ACCOMPANY DESCRIPTION
AVERY RANCH COMPANY, LTD. -__. AM TCHLINE A
(REMAINDER OF 1200.19 AC. '
€
PARCEL TWO (WALLiN FARM
TRACT I
DOC. NO. 2002071336 o'' +
O.P.R.W.C.T. �•••..-
01�' � I
30'
3 in �y T.C.E.
0.973 ACRE N _�
CO ,.
42,390 SQ. FT.
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0 100 200 "''
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AVERY RANCH COMPANY, LTD. �I
"PARCEL TWO"
TRACT If
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LEGEND DOC. NO. 2002071336 g
0.P.R.W.C.T. i 00' I
(FORMER MISSOURI-KANSAS-TEXAS
CALCULATED POINT RAILROAD COMPANY - MOKAN) o f
00 IRON ROD FOUND WITH CAP CHARLES N. AVERY, JR., ET AL 20'
(AS NOTED) VOL. 773, PG. 652 i 3 I
P.O.C. POINT OF COMMENCEMENT D.R.W.C.T.
P.O.B. POINT OF BEGINNING i Z I
R PROPERTY LINE '
< RECORD INFORMATIONNi
.'•'.'
�`--T.C.E.
DENOTES COMMON OWNERSHIP
CITY OF ROUND ROCK
Z. : I 58,579 SQUARE FEET
T.C.E. TEMPORARY CONSTRUCTION
EASEMENT 0.049 AC. PART 2
O.R.W.C.T. OFFICIAL RECORDS OF EXHIBIT "B"
WILLIAMSON COUNTY, TEXAS REUSE WATERINE EASEMENT J '
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS DOC No. 2014000914 -�
OF WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. J.
05'56'33"E N6a :.:.•;..•.;:. .,:.:.: �X�S��NG R
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I N L A N D uia AVERY RANCH COMPANY, LTD., ET AL
GEODETICS -j REUSE WATERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS & ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0.973 ACR E
ROUND ROCK,TX.78681
VILL- PH.(512)238-120QFAX(512)238-1251 42,390 SQUARE FEET PAGE 2 of 4
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
NELSON HOMESTEAD FAMILY
PARTNERSHIP, LTD. N
'CALLED 1629.95 ACRES) 50
(EXHI81T "A", 1 REMAINDER OF
442.95 ACRES - 385.37 ACRES)
DOC. NO. 9824078
O.R.WC.T.
MA MHUNE
.........
.............
0 100 200
0.973 ACRE
42,390 SQ. FT.
T.
AVERY RANCH COMPANY, LTD.
A C�,
(REMAINDER OF 1200.19 AC- - -----------------------------
RM
"PARCEL TWO (WALLIN FA
TRACT Ico T.C.E.
DOC. NO. 2002071336 1.345 ACRE
O.P.R.WC-T 58,579 SQUARE FEET
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LEGEND 20'
A CALCULATED POINT 30,
IRON ROD FOUND WITH CAP T.C.E.
(AS NOTED)
P.O.C.
POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
fL PROPERTY LINE
RECORD INFORMATION
DENOTES COMMON OWNERSHIP
T.C.E. EASEMENT A TEMPORARY CONSTRUCTION AM TCHUN -A
O.R.W.C.T. OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS
AVERY RANCH COMPANY, LTD., ET AL
INLANDu
GEODETICS REUSE WATERLINE EASEMENT
-'I
PROFESSIONAL LAND SURVEYORS & ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681 0.973 ACRE
-ELL PH.(512)238-1200, 42,390 SQUARE FEET PAGE 3 OF
EXHIBIT . L_
PLAT TO ACCOMPANY DESCRIPTION
N54'07'19"W 7:5*
N65'49'49"E 4.57' I
57.80' j
BAKER— l
AICKLEN
• : T 30'
.C.E.
0 100 200
o l
s �
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LEGEND NELSON HOMESTEAD FAMILY Z
PARTNERSHIP, LTD. $ 20'
0 CALCULATED POINT (CALLED 1529.95 ACRES)
Q
IRON ROD FOUND WITH CAP
(EXHIBIT "A", 1 REMAINDER OF �
(AS NOTED) 442.95 ACRES - 385.37 ACRES) 50'
P.O.C. DOC. NO. 9824078
POINT OF COMMENCEMENT o j P
0.R.W.C.T.
P.0.B. POINT OF BEGINNING Q,. Q P
Q' PROPERTY LINE Q O �� O�
r RECORD INFORMATION
DENOTES COMMON OWNERSHIP " v�pryV'P�
Al
T.C.E. TEMPORARY CONSTRUCTION N .':.' I P�OQQVQ Q Q���
C9'
EASEMENT :-. Ics
r7 .'. .
O.R.W.C.T. OFFICIAL RECORDS OF vi n ...: Q
WILLIAMSON COUNTY, TEXAS m N c
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS �,�:- �� Q 4z-
OF
OF WILLIAMSON COUNTY, TEXAS w
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100'
0.973 ACRE
42,390 SQ. FT. ...:.�
T.C.E.
1.345 ACRE
58,579 SQUARE FEET
NOTES:
1 BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS S71'40'49"W:-:- :-�
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. 54.84
DISTANCES ARE SURFACE DISTANCES. AVERY RANCH COMPANY, LTD.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A (REMAINDER OF 1200.19 AC.
"
TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF PARCEL TWO (WALLIN FARM
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. N�3•c,9�� SDHPT TRACT I
DOC. ONO.R 002071336
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT S43'18'28"W !:: :,
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED 4.91
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTA7-�,HL�N
SUPERVISION. 1 e
1-1,4WRENCE M. RUSSO 4DATS
EGISTERED PROFESSIONAL LAND SURVEYOR NO. 5050 ( ;
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
I N L A N D AVERY RANCH COMPANY, LTD., ET AL
GEODETICS _ REUSE WATERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS & ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0.9 73 ACRE
ROUND ROCK,TX.78681
-ELLPH.(512)238-1200,FAX(512)238-1251 42,390 SQUARE FEET PAGE 4 OF 4
Page 1 of
September 09,2014
EXHIBIT '--/
County; Williamson
Parcel: Avery Ranch Company, LTD.
Easement
Project: CORR Reclaimed Waterline
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.991 ACRE (43,151 SQUARE FOOT), TRACT OF LAND SITUATED IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
REMAINDER OF THAT CALLED 300.43 ACRE TRACT"PARCEL THREE,(EKVALL FARM)",TRACT I CONVEYED
TO AVERY RANCH COMPANY, LTD. ET. AL., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2002071336
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING PARCEL THREE,
TRACT I IN DOCUMENT NO. 9843837 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND
DESCRIBED IN THE SECOND TRACT OF THE NINTH TRACT IN INSTRUMENT RECORDED IN VOLUME 305,
PAGE 228 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.991 ACRE (43,151 SQUARE
FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a calculated point in the existing southerly right-of-way line of University Boulevard (right-of-way
width varies) as conveyed to Williamson County, Texas in Tract 1 (19.9353 acres) by instrument recorded in
Document No. 2003097124, of the Official Public Records of Williamson County,Texas, being an angle point in the
southerly boundary line of said remainder of 300.43 acre tract, also being an angle point in the northerly boundary
line of the remainder of 1162.08 acres conveyed to Nelson Homestead Family Partnership, Ltd. by instrument
recorded in Document 9824078(Exhibit"A", 3)of the Oficial Records of Williamson County,Texas, same being the s
northeasterly corner of a 1.872 acre(30 foot wide)waterline easement conveyed to the City of Round Rock,Texas by
instrument recorded in Document No.2013116364 of the Official Public Records of Williamson County,Texas;
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THENCE, departing said common boundary line, with the existing southerly right-of-way line of said University
Boulevard, S 69°46'01" W for a distance of 550.55 feet to the calculated northeasterly corner and POINT OF
BEGINNING of the herein described tract:
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THENCE, departing said southerly right-of-way line, through the interior of said remainder of 300.43 acre tract,
parallel with and 20 feet from the former easterly right-of-way line of the Missouri-Kansas-Texas Railroad Company
(MOKAN)Right-of-Way tract(100 foot right-of-way width)conveyed to Charles N.Avery,Jr.,Helen Phinney,Frances
McCorguodale, Mary Watt,and Thomas E. Nelson,Jr.by instrument recorded in Volume 773, Page 652 of the Deed
Records of Williamson County,Texas,the following(2)two courses:
1) along a curve to the right, having a delta angle of 16°53'12", a radius of 1980.08 feet, an arc distance of
583.58 feet and a chord which bears S 02°29'50" E, for a distance of 581.47 feet to a calculated point of
tangency;
2) S 05056'33"W for a distance of 1,574.03 feet to a calculated point in the southerly boundary line of said I
remainder of 300.43 acre tract,same being the northerly boundary line of that called 385.37 acre remainder
of 442.95 acres (Exhibit "A", 1) conveyed to Nelson Homestead Family Partnership, LTD., by instrument
recorded in Document No.9824078 of the Official Records of Williamson County,Texas;
3) THENCE,with said common boundary line S 72°26'37"W for a distance of 21.81 feet to a calculated point
in the said former easterly right-of-way line for the southwesterly corner of the herein described tract, and
from which a calculated angle point in said common boundary line, being in the centerline of said former
MOKAN Right-of-Way,bears S 72°26'37"W at a distance of 54.52 feet;
THENCE, departing said common boundary line, with said former easterly right-of-way line, the following (2) two
courses:
4) N 05°56'33"E for a distance of 1,582.72 feet to a calculated point of curvature to the left;
S1 CORR-PROJECTSIMOKAN REUSE WATER EASEIPARCELSINELSON-CORR-REUSE WATER-MOKAN-REV-090914.DOC
Page 2 of 5
September 09,2014
5) along said curve to the left, having a delta angle of 16147'27",a radius of 1960.08 feet, an are distance of
574.41 feet and a chord which bears N 02°26'58"W, for a distance of 572.36 feet to a calculated point in
the southerly right-of-way line of said University Boulevard;
6) THENCE,with said southerly right-of-way line, N 69°46'01"E for a distance of 20.27 feet to the POINT OF
BEGINNING,containing 0.991 acres,(43,151 square feet)of land, more or less.
NOTE:There is also a 30 foot wide Temporary Construction Easement(T.C.E.)easterly of, contiguous and parallel
with Call 1 and 2 of the above description depicted on the accompanying Parcel Plat.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System,Central Zone No.4203,NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Lawrence M. Russo,a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct and that the property described herein was determined by a survey made on the ground under my
direct supervision.
I
WITN S MY HAND AND SEALt t-Ro d Rock,Williamson County,Texas.
_ i � r
•/"�.��..,� o9,�t���'c��irk--•
/La+n/rence M. Russo Dat
94istered Professional Land SurveyjNo.5050
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road,Suite 103 ,
Round Rock,TX 78681 `
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S\ CORR-PROJECTS\MOKAN REUSE WATER EASE\PARCELS\NELSON-CORR-REUSE WATER-MOKAN-REV-090914.DOC
EXHI BI T
PLAT TO ACCOMPANY DESCRIPTION
MA TCMLINIE A LEGEND
Q CALCULATED POINT
' r IRON ROD FOUND WITH CAP
(AS NOTED)
3 f , P.O.B. POINT OF BEGINNING
•:•� ('L PROPERTY UNE
Z RECORD INFORMATION
o 100 zoo I
t DENOTES COMMON OWNERSHIP
T.C.E. TEMPORARY CONSTRUCTION
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O.R.W.C.T. OFFICIAL RECORDS OF
u- WILLIAMSON COUNTY, TEXAS [
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS [
OF WIWAMSON COUNTY, TEXAS
i
•-�-� AVERY RANCH COMPANY, LTD., ET. AL,
I N
I REMAINDER OF 300.43 ACRES
�3 C : ^ r PARCEL THREE (Ekvall Farm) TRACT I
N Lo
:.•:.•� I (300.43 AC.)
TRUSTEE DISTRIBUTION DEED
DOC. NO. 2002071336
o I I O.P.R.W.C.T.
0.991 ACRE co ----.• .
I SPECIAL WARRANTY PARTITION DEED [(
43,151 SQ. FT. I '%':j.to
i DOC. N0. 9843837
Lo
o O.R.W.C.T.
Z ::.:.:1 0 i I
DESCRIBED IN PARTITION DEED
_30, SECOND TRACT OF NINTH TRACT
3 :.•:•:� i T.C.E. VOLUME 305, PAGE 228
& . .� , D.R.W.C.T.
NELSON HOMESTEAD FAMILY
PARTNERSHIP, LTD. o iI T.C.E.
(CALLED 1629.95 ACRES) J 0 r 1.486 ACRE
(EXHIBIT "A", 1 REMAINDER OF rW 20' 64,739 SQUARE FEET
442.95 ACRES - 385.37 ACRES)
r�y,
DOC. NO. 9824078 j2
4
lool
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(FORMER MISSOURI-KANSAS-TEXAS AVERY RANCH COMPANY, LTD.
RAILROAD COMPANY - MOKAN) "PARCEL THREE"
CHARLES N. AVERY, JR., ET AL { I I TRACT !!
VOL. 773, PG. 652 j i DOC. NO. 2002071336
D.R.W.C.T. r :.� i O.P.R.W.C.T.
50'
sq
I Io 1 r
1 c::•:- NELSON HOMESTEAD FAMILY
:..' PARTNERSHIP, LTD.
(CALLED 1629.95 ACRES)
(EXHIBIT "A", 1 REMAINDER OF
X72 26'37"W 442.95 ACRES - 385.37 ACRES)
S72'26'37"W i ;21.81' DOC. NO. 9824078 W.
i 54.52, ) O.R. C.T.
AVERY RANCH COMPANY, LTD., ET AL
I N L A N D N L A i D u REUSE WATERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS & ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0.9 91 ACRE
ROUND ROCK,TX.78681 REVISED: 09-09-14
PH.(512)238-1200,L2{512)238-1251 43,151 SQUARE FEET PAGE 3 OF_5j
EXHIBIT rg-
PLAT TO ACCOMPANY DESCRIPTION
MA TCHLINE B
717-71M
A VER Y RANCH COMPANY, LTD.
"PARCEL THREE"
10
TRACT II
DOC. NO. 2002071336
0 100 200 O.P.R.WC.T.
(FORMER MISSOURI—KANSAS—TEXAS
RAILROAD COMPANY — MOKAN)
CHARLES N. AVERY, JR., ET AL
... VOL. 773, PC. 652
D.R.W.C.T
AVERY RANCH COMPANY, LTD., ET. AL.
REMAINDER OF 300.43 ACRES
T.C.E.
1.486 ACRE
PARCEL THREE (Ekvoll Form) TRACT I 0
(300.43 AC.) 64,739 SQUARE FEET
TRUSTEE DISTRIBUTION DEED
DOC. NO. 2002071336
0.P.R.W.C.T.
SPECIAL WARRANTY PARTITION DEED
DOC. NO. 9843837 AVERY RANCH CH COMPANY, LTD., ET. AL.
0.R.W.C.TT.0 E REMAINDER OF 300.43 ACRES
02,
DESCRIBED IN PARTITION DEED `559. PARCEL THREE (Ekvoll Form) TRACT I
( AC.)
SECOND TRACT OF NINTH TRACT TRUSTEEJOO.43 DISTRIBUTION DEED
VOLUME 305, PAGE 228 ;0 0
D.R.W.C.T. DOC. NO. 2002071336
O.P.R.W.C.T
SPECIAL WARRANTY PARTITION DEED
.0 Lu DOC. NO. 9843837
0.R.W.C.T.
"Y
zo DESCRIBED IN PARTITION DEED
SECOND TRACT OF NINTH TRACT
0.991 CRE VOLUME 305, PAGE 228
43,151 SQ. FT. D.R.W.C.T.
S"I
c-
(0
I0
NELSON HOMESTEAD FAMILY V;
PARTNERSHIP, LTD.
(CALLED 1629.95 ACRES)
(EXHIBIT "A", I REMAINDER OF
442,95 ACRES — 385.37 ACRES)
DOC. NO, 9824078
0.R.W.C.T LEGEND
CALCULATED POINT
(0 IRON ROD FOUND WITH CAP
(AS NOTED)
P.O.B. POINT OF BEGINNING
It PROPERTY LINE
RECORD INFORMATION
DENOTES COMMON OWNERSHIP
T.C.E. TEMPORARY CONSTRUCTION
EASEMENT
O.R.W.C.T. OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS
ja
INLAND JIL AVERY RANCH COMPANY, LTD., ET AL
GEODETICS 'l � REUSE WATERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS & ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0.991 ACRE
ROUND ROCK,TX.78681 REVISED: 09-09-14
Lul PH.(512)238-1200,FAX(512)238-1251 1 43,151 SQUARE FEET PAGE 4 OF 5
EXH1Bl T {
PLAT TO ACCOMPANY DESCRIPTION P.O.C.
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WATERLINE EASEMENT a
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' CITY OF ROUND ROCK
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WATERLINE EASEMENT
DOC No. 2013116364
O.P.R.W.C.T. � n
2
I T.C.E.
AVERY RANCH COMPANY, LTD., ET. AL. W lv;.:.:.I I 1.486 ACRE
REMAINDER OF 300.43 ACRES :.:I s4,73s SOUARE FEEf
PARCEL THREE (Ekva11 Farm) TRACT I I i
(300.43 AC.) 20'
TRUSTEE DISTRIBUTION DEED
DOC. NO. 2002071336 • -I i 0.991 ACRE
O.P.R.W.C.T. I 43,151 SQ. FT.
SPECIAL WARRANTY PARTITION DEEDco
DOC. NO. 9843837 z I
O.R.W.C.T. (o
00 o ....
DESCRIBED IN PARTITION DEED
11 + AVERY RANCH COMPANY, LTD.
PAW
"PARCEL THREE"
SECOND TRACT OF NINTH TRACT
VOLUME 305, PAGE 228 0 I TRACT If
DOC. NO. 2002071336
D.R.W,C.T. 100' I 0.P.R.W C.T.
(FORMER MISSOURI—KANSAS—TEXAS
NOTES: i RAILROAD COMPANY — MOKAN)
CHARLES N. AVERY, JR., ET AL
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS ! I VOL. 773, PG. 652
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. D.R.W.C.T.
DISTANCES ARE SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A MATCHL
TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF CURVE TABLE
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. N0.I DELTA RADIUS ARC CHORD BEARING
C1 16'53'12" 1980.08' 583.58' 581.47' S02'29'50"E
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT C2 16'47'27" 1 1960.08' 1 574.41' 572.36' NO2'26'58"W
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTLEGEND
SUPERVISION. P 0 CALCULATED POINT
P.O.B. POINT OF BEGINNING
PROPERTY LINE
r asanawXa < RECORD INFORMATION
z*y � DENOTES COMMON OWNERSHIP
AWRENCE M. RUSSODAT t a T.C.E. TEMPORARY CONSTRUCTION
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5050
��It$t3t EASEMENT
INLAND GEODETICS, LLC O.R.W.C.T. OFFICIAL RECORDS OF
FIRM REGISTRATION NO. 100591-00 WILLIAMSON COUNTY, TEXAS
1504 CHISHOLM TRAIL ROAD, SUITE 103 xz O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
ROUND ROCK, TX 78681 OF WILLIAMSON COUNTY, TEXAS
id I N L A N D U AVERY RANCH COMPANY, LTD., ET AL
GEODETICS 'j� REUSE WATERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS W ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0.991 ACRE
ROUND ROCK,TX.78681 REVISED: 09-09-14
PH.(512)238-1200,FAX(512)238-1251 43,151 SQUARE FEET PAGE 5 OF 5
EEXHIBIT
I C
REUSE WATERLINE EASEMENT
City of Round Rock Water Reuse System--Phase VI
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Avery Ranch Company, Ltd., a Texas limited partnership; and Charles N.
Avery, III, Trustee of the Charles N. Avery, III Exempt Trust; John S. Avery, Trustee of the
John S. Avery Exempt Trust; A. Nelson Avery, Trustee of the A. Nelson Avery Exempt Trust;
and Lucille Christina Avery Fell Trustee of the Lucille Christina Avery Fell Exempt Trust, and
their successors and assigns, hereinafter referred to as Grantor (whether one or more),
("Grantor"), for and in consideration of the payment of Ten and No/100 Dollars ($10.00) 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 reuse waterline easement and right of way to
construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove a
reuse water distribution system and reuse waterlines for the purpose of distributing reused
wastewater effluent, treated to meet requirements for human contact, 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, to-
wit:
See Exhibits "A & B" attached hereto and made a part hereof for all intents and purposes
hereunto and in any wise pertaining.
This conveyance is made and accepted subject to any and all covenants, conditions,
restrictions, and outstanding easements and mineral interests, 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, or
visible or apparent on the ground.
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 withheld. Grantee acknowledges that Grantor may desire to grant to third party
providers easement rights to cross the easement area with certain other types of utilities (such as
telephone, electricity, cable, fiber optics, gas, and the like) in order to develop Grantor's adjacent
lands. Grantee shall have the right to review any proposed easements 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.
00311337.DOCX
Grantor further grants to Grantee:
(a) the right to grade the easement for the full width thereof and to extend the cuts
and fills for such grading into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary; provided, however,
Grantee shall not materially alter or adversely affect the natural drainage patterns
found on the ground;
(b) the right to support the lines across ravines and watercourses with such structures
as Grantee shall deem necessary;
(c) the non-exclusive right of ingress to and egress from the easement over and across
Grantor's property located between the easement, FM 1460 (existing or
proposed), and CR 112 or University Boulevard, as the case may be, by means of
roads and lanes thereon, if such exist; provided that such right of ingress and
egress shall only be used if access to the easement is not otherwise available from
a public road or public right of way. The foregoing right of ingress and egress
includes the right of the Grantee to disassemble, remove, take down, and clear
away any fence, gate, barricade, corral, water troughs (and associated water
troughs lines, meters and cut off valves) or other structure (collectively, the
"Relocation Items") which obstructs, prevents, or hinders Grantee's ingress to
and egress from the Grantor's property, and should Grantee deem it necessary to
so disassemble, remove, take down, or clear away any such Relocation Items,
Grantee will provide notice to Grantor (the "Relocation Notice") regarding which
Relocation Items need to be removed or relocated by a certain date (the
"Relocation Date"). The Relocation Date will beat least 30 days after receipt by
Grantor of the Relocation Notice. On or before 5 days prior to the specified
Relocation Date, Grantor, at the expense of Grantee, shall:
(i) construct cattle proof, barbed wire and metal post fencing or gates of
similar materials which are required to be removed and/or relocated in the
location generally as shown on the attached Exhibit"c";
(ii) relocate any and all livestock water lines, water troughs, working pens,
corrals, gates, access points, and the like, so as to permit Grantor and
Grantor's agricultural tenants to continue their respective agricultural
pursuits (which include row crop cultivation and cattle grazing); and
(iii) Grantor will provide Grantee with an invoice (the "Invoice") for the
reasonable costs incurred by Grantor with respect to the removal or
relocation of the Relocation Items and Grantee agrees to reimburse
Grantor on or before 30 days after receipt of the Invoice.
The foregoing right of ingress and egress applies during the period of construction
as well as otherwise; provided, however, such right of access over the lands of
Grantor located between the easement and the existing and proposed rights of way
of FM 1460 and CR 112 or University Boulevard (the "Right of Access Area")
2.
shall be subject to all current electrical and gas pipeline easements and conditions
of record or visible or apparent on the ground;
(d) the right of grading for, construction, maintaining and using such roads on and
across the property subject to the easement and the Right of Access Area as
Grantee may deem necessary in the exercise of the rights granted herein, and
subject further to the existing and on-going rights of Grantor's agricultural
tenants;
(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 easement and to trim and to cut down and
clear away any trees on either side of the easement which now or hereafter in the
opinion of Grantee may be a hazard to any of the pipeline, valves, appliances or
fittings, 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; and
(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 any reasonable use Grantor shall make of the
easement.
(h) Grantor further grants and conveys to Grantee the right to temporarily use
portions of the property adjacent to and parallel to the eastern boundary of the
easement area described herein and as shown on the Plats to Accompany
Descriptions in Exhibits "A-13", as may be reasonably necessary to construct and
install the facilities described above. In no instance shall Grantee be entitled to
use more than the width extending from the current boundary of the easement(s)
than is specifically identified and described on the plats which accompany the
field notes in Exhibits "A-B". 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. The temporary construction easement shall exist
from the date beginning thirty (30) days after the Relocation Notice to Grantor as
specified herein and shall continue the earlier to occur of the following events: (a)
the expiration of nine months; (b) final completion of the project, that being
defined as thirty (30) days after issuance of the Certificate of Completion; or (c)
December 31, 2015. The expiration of the temporary construction easement shall
not otherwise affect any of Grantee's permanent easement rights.
3.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement, unless such fencing is required to replace
existing fencing removed or damaged by Grantee.
(b) Intentionally omitted.
(c) To the extent allowed by law Grantee shall indemnify Grantor and Grantor's
agricultural tenants 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 Grantee's agents or employees in the course of their employment.
(d) The Grantee shall not be permitted to assign or sublet to any third party the right
to use the easement without first obtaining the written consent of the Grantor,
which consent may be withheld for any reason or for no reason. The common law
doctrine of apportionment of the easement is hereby waived by Grantee. This
easement does not create any third party beneficiary rights in any third party who
is not a party to this Easement.
(e) Where possible, the reuse water line will be installed at least four (4) feet below
the surface of the ground.
(f) Grantee shall instruct Grantee's contractors and agents that the easement
area is under lease to row crop and cattle grazing agricultural tenants and
that there will be active cattle and row crop activities on and within the areas
immediately adjacent to the easement area. Accordingly, due precaution
must be taken to insure that current or future fences, corrals, water lines,
water troughs and the like for cattle operations must be respected, and, for
the safety of the public and the livestock behind such fences during the
period of the water line installation and during all other periods of work by
Grantee within the Easement area, all fences, gates, and corrals shall be
maintained to prevent cattle from leaving the fenced-in area, and all water
lines and water troughs shall be kept operational at all times. In addition, the
row crop tenants shall be allowed continued access to their respective fields
at all times.
(g) Grantee, upon completion of the waterline installation, shall promptly backfill any
trench in the easement and shall replace or restore Grantor's property to as similar
a condition as reasonably practicable as existed immediately prior to Grantee's
actions within the Easement area and the temporary working easement area.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
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; provided Grantor shall not erect or
construct on the easement any building or other structure such as a patio, swimming pool, sport
4.
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, except for currently existing fences, corrals, water
lines and water troughs used for agricultural purposes which will be removed and replaced by the
Grantee as outlined above. Provided however, before constructing any improvements, 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 improvements within the easement, which
consent will not be unreasonably withheld.
Grantor hereby dedicates the easement area solely as a reuse waterline utility easement
for the purposes stated 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of , 2014.
GRANTOR:
Avery Ranch Company, Ltd.
By: CJAC,Inc., its General Partner
By:
John S. Avery, its President
State of Texas §
County of Williamson §
This instrument was acknowledged before me on this day of , 2014,
by John S. Avery, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of Avery
Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC, Inc., its General
Partner, and for the purposes and consideration therein expressed and in the capacity therein
stated, and that he was authorized to do so.
Notary Public—State of Texas
5.
Charles N. Avery, III, Trustee of the Charles N. Avery,
III Exempt Trust
State of Texas §
County of Williamson §
This instrument was acknowledged before me on this day of ,
2014, by Charles N. Avery,III, Trustee of the Charles N. Avery, III Exempt Trust.
Notary Public— State of Texas
6.
John S. Avery, Trustee of the John S. Avery Exempt
Trust
State of Texas §
County of Williamson §
This instrument was acknowledged before me on this day of ,
2014, by John S. Avery, Trustee of John S. Avery Exempt Trust.
Notary Public— State of Texas
7.
A. Nelson Avery, Trustee of the A. Nelson Avery Exempt
Trust
State of Texas §
County of Williamson §
This instrument was acknowledged before me on this day of ,
2014, by A. Nelson Avery, Trustee of the A. Nelson Avery Exempt Trust.
Notary Public—State of Texas
8.
Lucille Christina Avery Fell, Trustee of the Lucille
Christina Avery Fell Exempt Trust
State of Texas §
County of §
This instrument was acknowledged before me on this day of ,
2014, by Lucille Christina Avery Fell, Trustee of the Lucille Christina Avery Fell Exempt
Trust.
Notary Public— State of Texas
9.
EXHIBITS "A-B"
EASEMENT PROPERTY DESCRIPTIONS [INSERT]
00311337.DOCX
EXHIBIT"C"
GATE AND TEMPORARY FENCE INSTALLATION EXHIBIT
00311337.DOCX
EXHIBIT C to waterline easement
PLAT TO ACCOMPANY DESCRIPTION j
I
'i
AVERY RANCH COMPANY, LTD. MATCHLINE C
PAERCEL DTWO (WAL ER OF � 19 AN FARM' ( A
TRACT I 3
DOC. NO. 2002071336 ' I
O.P.R.W.C.T. �
� II v .
i
1`
T.C.E.
io to :..
0.973 ACRE v; ,� I
42,390 SQ. FT. o °'! •.• I
LU
LL
0 100 200 ``�',.:•'.'ro
� '..'. -
i :n o
AVERY RANCH COMPANY, LTD, j 0
"PARCEL TWO" t o .:.I o
TRACT 1! j: Z �
LEGEND DOC' OP temporary cattle 1✓0 100' I
(FORMER MISSOU roof fence to be 'i Z I
A CALCULATED POINT . I
Q IRON ROD FOUND WITH CAP CHARLESN.OA installed on TCE 1
NOTED) (� 20
P.O.C. (P IINTAS OFCOMMENCEMENT VOL' o R. line during
Q construction and 2 F
P.O.B. POINT OF BEGINNING Z
Q PROPERTY LINE removed upon o":.'•'�
< > RECORD INFORMATION —T.C.E. €
a Com letion '• '•I 1.345 ACRE
` WDENOTES COMMON OWNERSHIP p
W. •• 158,579 SQUARE FEET
T.C.E. TEMPORARY CONSTRUCTION CITY OF ROUND ROCK a'I.
EASEMENT 0.049 AC. PART 2
OFFICIAL RECORDS OF
EXHIBIT "B"
O.R.W.C.T. I I
WILLIAMSON COUNTY, TEXAS REUSE WATERINE EASEMENT
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDSDOC No. 2014000914
- ---- I k
OF INLLIAMSON COUNTY, TEXAS I ++�
0.P.R.W.C.T. •�9 1�1 0�'
05-56'33: E N6$j
33.70' ...
C, ti T.C.E. ::':..'�9 41'+,� oAp G R C vy.
0.232 AC. 565'��z Y N
: NT
GO
P.O.B.
install 12' gate for
EX access to TICE
2 �X\Sj\No R /
RpA /
/
UNTYo' R;05010O•W') 992) j i ' CITY OF ROUNU ROCK
O (12 /
C . / 2.885 AC. PART 3
(000 (00 R�yO.T.) / T.C.E. 1 Eal[31T .,C„
/ I REUSE WL EASEME IT
�• 0�9 AC. { DOC iI\lo. 2014000914
0.P.R.W.C.T.
AVERY RANCH COMPANY, LTD., ET AL
INLAND - JIM
GEODETICS REUSE WATERLINE EASEMENT PROFESSIONAL LAND SURVEYORS & ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0.973 ACRE
ROUND ROCK,TX.78681
PH.(512) 1 42,390 SQUARE FEET PAGE 2 OF 4
EXHIBIT C_to waterline easement
PLAT TO ACCOMPANY DESCRIPTION ? I
W ,4-
If
NELSON HOMESTEAD FAMILY o
PARTNERSHIP, LTD. �' ( temporary cattle
(CALLED 1629.95 ACRES) 50'
(EXHIBIT "A'; 1 REMAINDER OF proof fence to be
442.95 ACRES - 385.37 ACRES)
DOC. NO. 9824078 installed on TICEJ
0.R.W.C.T. j line during
�J construction and
removed upon
MATCHLINE 'B i completion
0 100 200
0'..':.
13 Z I
0.973 ACRE co
42,390 SQ. FT. 90 I
AVERY RANCH COMPANY, LTD.
I
(REMAINDER OF 1200.19 AC. '
I
"PARCEL TWO (WALLIN FARM �o I
TRACT I ZT.C.E.
�p
DOC. NO. 2002071336 0 •'•'•'�1D
Z '.... ,_ 1.345 ACRE
O.P.R.W.C.T. . . 58,579 SQUARE FEET
U w 3
� I
yr L Q
100' Gp� �� F�
i
aoa'.•.•.•., I P OG
LEGEND 20
0 CALCULATED POINT 3�0
IRON ROD FOUND WITH CAP 7. E.
(AS NOTED) I I
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING I
fL PROPERTY LINE
< > RECORD INFORMATION
DENOTES COMMON OWNERSHIP I 1
i
T.C.E. EASEMENT
CONSTRUCTION ��. MATCHUIVE) A ! I
i
O.R.W.C.T. OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS
INLAND IL AVERY RANCH COMPANY, LTD., ET AL
GEODETICS I REUSE WATERLINE EASEMENT
PROFESSIONAL LAND SURVEYORS W ACCOMPANYING T.C.E.
1504 CHISHOLM TRAIL RD.STE.103 0,973 ACRE
ROUND ROCK,TX.78681
PH.(512) 42,390 SQUARE FEET PAGE 3 OF 4
EXHIBIT _C to waterline easement
PLAT TO ACCOMPANY DESCRIPTION ,,9'E E> �Pl
I NC015 - �8
N54'07'19"W 2�
N65'49'49"E 4.57' I
57.80' I
BAKER-
AICKLEN
• 30'
T.C.E.
0 100 200 5 .::::::� temporary cattle
I proof fence to be
installed along TICE
LEGEND NELSON HOMESTEAD FAMILY Z w line during
PARTNERSHIP, LTD.
A CALCULATED POINT (CALLED 1629.95 ACRES) 20 I construction and
(i IRON ROD FOUND WITH CAP (EXHIBIT "A", 1 REMAINDER OF removed upon
(AS NOTED) 442.95 ACRES - 385.37 ACRES) w 50' ::::::� I
P.O.C. POINT OF COMMENCEMENT DOC. NO. 9824078 o completion
P.O.B. POINT OF BEGINNING O '
PROPERTY LINE QPp ��� (�/O��P
< > RECORD INFORMATION
DENOTES COMMON OWNERSHIPao
T.C.E. TEMPORARY CONSTRUCTION 'n •• �- I
EASEMENT W .. � I �PQP���Q�� j'Q1z
O.R.W.C.T. OFFICIAL RECORDS OFvoi u�jO555Q ^�
Q
WILLIAMSON COUNTY, TEXAS " co o o rT
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS (D 0�
;n .•. ,0 P Q P v
OF WILLIAMSON COUNTY, TEXAS LoO O
Z N
100'
0.973 ACRE I
42,390 SQ. FT. 1 E
i
T.C.E.
1.345 ACRE
58,579 SQUARE FEET f
, -
NOTES: I
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS S71*40'49"W
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. 54.84'
DISTANCES ARE SURFACE DISTANCES. I
AVERY RANCH COMPANY, LTD.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A (REMAINDER OF 1200.19 AC.)
TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF PARCEL TWO (WALLIN FARM)"
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. N�3•yaE� SDHPT TRACT 1
DOC. NO. 2002071336
s43.18' s"w O.P.R.W..C.T.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT 4.91'
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT l......
SUPERVISION. TCHL/NEI ..B
L WRENCE M. RUSSOAT LAWRENCE ki,RUSSO
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5050 .fJiYC.!Qd.l..
INLAND GEODETICS, LLC ��y a� 505E ,
r� z���
FIRM REGISTRATION No. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103 4 : {! �0�a �'
ROUND ROCK, TX 78681a rte-
I N L A N D u AVERY RANCH COMPANY, LTD., ET AL
GEODETICS _ REUSE WATERLINE EASEMENT
x.74
PROFESSIONAL LAND SURVEYORS ACCOMPANYING T.C.E.
1504 CHISHOLM ROUND ROCK,TX.R8681 103 0.973 ACRE
PH.(512) FAX(512)238-1251 42,390 SQUARE FEET PAGE 4 OF 4