R-01-08-09-13B2 - 8/9/2001 RESOLUTION NO. R-01-08-09-13B2
WHEREAS, the City desires to convey an easement to the Lower
Colorado River Authority across a portion of property owned by the City
known as Bathing Beach, and
WHEREAS, said easement is to be utilized for the construction of
the Brushy Creek Regional Wastewater Line, 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 Temporary Construction Easement to the Lower
Colorado River Authority, a copy of said Temporary Construction Easement
being attached hereto and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted 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, Chapter 551, Texas
Government Code, as amended, and the Act .
RESOLVED this 9th day of August, 2001 .
4RAOSTLUKA, Mayor
AT ST: City of Round Rock, Texas
MAll AAA
t1ANNE LAND, City Secretary
::ODMA\WORLDOX\O:\WDOX\RESOLUTZ\ODOOB606.WPD/sc
TEMPORARY CONSTRUCTION EASEMENT
DATE: fiUOU` ( 7 ,2001
GRANTOR: CITY OF ROUND ROCK
GRANTOR'S MAILING ADDRESS: 221 East Main
Round Rock,Texas 78664
GRANTEE: LOWER COLORADO RIVER AUTHORITY
GRANTEE'S MAILING ADDRESS: P.O. Box 220
Austin, Texas 78767-0220
CONSIDERATION: Fifty Thousand Dollars ($50,000.00) and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged.
PROPERTY(including any improvements):
Two (2) tracts of land containing 1.543 acres and 1.962 acres, being more particularly
described as Tract One and Tract Two,respectively,on Exhibit A and depicted on Exhibit
B, attached hereto and incorporated herein for all purposes.
TERM: The term of this Easement shall be for a period of two and one-half(2 1/2) years,
commencing on August 1,2001 and ending on January 31,2004,or upon completion
of construction of the Project, whichever is sooner.
PROJECT: Wastewater Line
GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and
conveys to GRANTEE a Temporary Construction Easement in,upon, and across the PROPERTY,
for use by GRANTEE as a construction and staging area for the construction and installation of the
PROJECT,to have and hold it for the TERM,together with the right and privilege at any and all
times during the TERM, to enter the PROPERTY, or any part thereof, for the purposes of
constructing, installing,and making connections to the said PROJECT; all upon the condition that
GRANTEE will,at all times after completing any work in connection with the construction or repair
of the PROJECT,restore the surface of the PROPERTY, as nearly as possible,to the condition in
which the PROPERTY was found immediately before such work was undertaken.
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BrushyCk/RR
Temp.Const.Area
GRANTOR understands and agrees that trees and brush cleared from the PROPERTY will
not be replaced; provided, however, the GRANTEE agrees to limit such clearing to that which is
reasonably necessary.
GRANTEE shall have the right to construct a fence around the PROPERTY should
GRANTEE deem it necessary.
When the context requires, singular nouns and pronouns include the plural.
Upon completion of construction, GRANTOR may request that GRANTEE release this
Easement, and in such event GRANTEE shall release this Easement at no expense to GRANTOR.
GRANTOR:
City of Round Rock,Texas
( L'A '�. / /
B . Q
Y19A An
Name: IQwF.12r A
Title:
r
2
BrushyCk/RR
Temp.Const.Area
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged.before me on August �-�5� , 2001,by
Robert A. Stluka, Jr., Mayor of the City of Round Rock,Texas.
(signature)
(printed name)
►� Notary Public in and for the State of Texas
My commission expires: oZ ,
y
3
BrushyCk/RR
Temp.Const Area
Tract One Description
Exhibit A
DESCRIPTION
FOR A 1.543 ACRE TRACT OF LAND (TRACT ONE) OUT
OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284,
SITUATED IN WILLIAMSON COUNTY, TEXAS AND
BEING THAT TRACT OF LAND CONVEYED BY
INSTRUMENT TO THE ESTATE OF DIXIE HAMILTON,
MAUDE ELLA JOHNSON, EXECUTRIX AND DESCRIBED
IN VOLUME 324, PAGE 502 AND A CORRECTION DEED
RECORDED IN VOLUME 392, PAGE 268 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS AND
BEING MORE PARTICULIARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Beginning at a capped iron rod set in the southerly right-of-way line of Emmanuel
Street (50 feet in width), being the northeasterly comer of a tract of land conveyed
by instrument to Gladys Daily and recorded in Document No. 199970749 of the
Official Records of Williamson County, Texas and also being the northwesterly
corner and POINT OF BEGINNING hereof and from which a 5/8" iron rod found in
said right-of-way line and also being the northwesterly comer of said Daily tract
bears S70006'41"W, a distance of 241.98 feet;
Thence with said southerly right-of-way line (directional control line) N70006'41"E for
a distance of 165.60 feet to a capped iron rod set being the northwesterly corner of a
tract of land conveyed by instrument to Mike Abila and recorded in Volume 314,
Page 577 of the Deed Records of Williamson County, Texas and being the most
northerly northeast corner hereof and from which a 1/2" iron pipe found in said right-
of-way line bears N70°06'41"E at a distance of 58.29 feet;
Thence, departing said right-of-way line and with the westerly boundary line of said
Abila tract and another tract of land conveyed to Mike Abila by instrument and
recorded in Volume 326, Page 361 of said deed records, S19053'19"E for a distance
of 160.00 feet to a capped iron rod set being the southwesterly corner of said Abila
tracts and"and interior corner hereof;
Thence, with the southerly boundary line of said Abila tract and partially with the
southerly boundary line of a tract of land conveyed to Jesus Pena by instrument and
recorded in Volume 524, Page 469 of the Deed Records of Williamson County,
Texas, N70°06'41"E for a distance of 140.13 feet to a capped iron rod set in the
westerly right-of-way line of the Union — Pacific Railroad (40 feet in width) as
described in Volume 72, Page 254 of the Deed Records of Williamson County,
Texas, said capped iron rod being the most easterly northeast corner hereof and
from which a capped iron rod set being the southeasterly corner of said Pena tract
and also marking the change in the westerly right-of-way line said railroad as
described in Volume 72, Page 502 of said deed records bears N70006'41"E at a
distance of 10.00 feet;
Thence,with said westerly right-of-way line of the Union— Pacific Railroad being the
easterly boundary line hereof, S19049'40"E for a distance of 136.27 feet to a braced
cedar fence corner post being the northeasterly corner of a tract of land conveyed to
J.A. Nelson, President, Round Rock Bathing Beach Association, by instrument
recorded in Volume 181, Page 396 and described in accompanying documents as
Tract Two, also being the southeasterly corner hereof;
Page 1
TRACT1 PARD.dor. 1
Tract One Description
Thence, departing said right-of-way line and with the northerly boundary line of said
Tract Two being the southerly boundary line hereof, S75004'28"W for a distance of
330.08 feet to a capped iron rod set being the northwesterly corner of said Tract Two
and also being the southwesterly comer hereof;
Thence, N14055'32"W, at a distance of 70.67 feet, pass a cedar fence corner post
being the northeasterly corner of a tract of land conveyed to Lupe Corona by
instrument recorded in Volume 495, Page 474 of the Deed Records of Williamson
County, Texas, said post also being the southeasterly corner of aforementioned
Daily Tract, and continuing with said easterly boundary line of said Daily tract being
the westerly boundary line hereof for a total distance of 268.71 feet to the POINT OF
BEGINNING and containing 1.543 acres of land.
As surveyed by:
of
Wtteplien Truesdale Dale ~ ped'
Register Professional Land Surveyor No.4933 M.STEPKPI TRUESDALE
Licensed State Land Surveyor f�+ 0323 *:
M ft 0
Inland Civil Associates, L.L.C. y
s u�y E
308 West Main Street
Round Rock,TX 78664
512-238-1200
Page 2
TRACT1 PARD.doc 2
Tract Two Description
Exhibit A
DESCRIPTION
FOR A 1.962 ACRE TRACT OF LAND (TRACT TWO)OUT
OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284,
SITUATED IN WILLIAMSON COUNTY, TEXAS AND
BEING PORTIONS OF THOSE TRACTS OF LAND
CONVEYED BY INSTRUMENTS TO J.A. NELSON,
PRESIDENT, ROUND ROCK BATHING BEACH
ASSOCIATION, AND DESCRIBED IN VOLUME 181,
PAGE 396, VOLUME 181, PAGE 407, VOLUME 181,
PAGE 394, AND VOLUME 181, PAGE 395 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS AND
BEING MORE PARTICULIARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Beginning at a capped iron rod set being the southwesterly corner of a 1.543
acre tract of land (Tract One) conveyed to Dixie Hamilton, Maude Ella
Johnson, Executrix, by instrument and described in Volume 324, Page 502
and Correction Deed recorded in Volume 392, Page 268 of the Deed
Records of Williamson County, Texas and also being the northwesterly
comer and POINT OF BEGINNING hereof and from which a cedar fence
comer post being the northeasterly corner of a tract of land conveyed to Lupe
Corona by instrument and recorded in Volume 495, Page 474 of said deed
records bears N14°55'32"W at a distance of 70.67 feet;
Thence, with the southerly boundary line of said Tract One, being the
northerly boundary line hereof, N75004'28"E for a distance of 330.08 feet to a
braced cedar fence corner post in the westerly right-of-way line of the Union—
Pacific Railroad (40 feet in width) as described in Volume 72, Page 254 of
said deed records, and being the southwesterly corner of said Tract One and
northeasterly corner hereof;
Thence,with the westerly right-of-way line of said railroad, being the easterly
boundary line hereof, S19049'40"E, at a distance 'of 240.04 feet pass a
capped iron rod set for witness and continuing for a total distance of 290.04
feet to the bank of Brushy Creek being represented by a calculated point for
comer hereof;
Thence,with the north bank of Brushy Creek as of the date of this survey and
its meanders being the described southerly boundary line hereof and also
being represented by the following four courses for area calculations of the
contained tract herein (see closing note for clarification):
S76017'45"W for a distance of 110.66 feet to a point;
N65°25'54"W for a distance of 78.78 feet to a point;
Page 3
TRACT2PARD.dor. 1
Tract Two Description
N83059'46'W for a distance of 44.97 feet to a point;
S72006'50"W for distance of 141.61 feet to a point being the southwesterly
corner hereof and from which a 112 inch iron rod in concrete found being a
witness for the southeasterly comer of Lot 1, Corona Subdivision as recorded
in Cabinet I, Slide 274 of the Plat Records of Williamson County, Texas,
bears S84°48'56 W, at a distance of 12.47 feet;
Thence, departing said bank of Brushy Creek, N 14°55'32"W, at a distance of
25.00 feet pass a capped iron rod set for witness and continuing for a total
distance of 227.76 feet to the POINT OF BEGINNING and containing 1.962
acres of land.
Closing Note: Certain deeds of record call for the centerline of Brushy Creek
as the southerly boundary line of the described parcels. These areas may be
subject to State Statutes for Navigable Streams and legislative acts of 1925
and 1929.
As surveyed by:
M. Steph n Truesdale Dj6te
Registered Professional Land Surveyor No.4933 M.STEPHEN TftMGZE
Licensed State Land Surveyor • 4 ..
�twwr'±•+0
Inland Civil Associates, L.L.C. sua �`
308 West Main Street
Round Rock,TX 78664
512-238-1200
Page 4
TRACT2PARD.dor 2
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BOUNDARY SURVEY OF 1.549 ACRES(TRACT ONE), Crn'OE ROUND Roar
1.96z ACRES(TRACT TRIO) PARKS AND RECREATION DEPARTMENT
DATE: August 6, 2001
SUBJECT: City Council Meeting—August 9, 2001
ITEM: 13.B.2. Consider a resolution authorizing the Mayor to execute a
Temporary Construction Easement to the Lower Colorado River
Authorityfor the construction of the Brushy Creek Regional
Wastewater Line.
Resource: Sharon Prete, Parks and Recreation Director
History: The City recently purchased the Round Rock Bathing Beach property. LCRA is
asking for permission to use the site as a construction staging area for the
regional wastewater line construction project.
Funding:
Cost: No cost to the City. LCRA will pay the City $50,000 for the use of the site.
Source of funds: N/A
Outside Resources: LCRA
Impact: The site will not be adversely impacted since the contractor will be responsible
for restoring the area to its original state.
Benefit: LCRA is paying the City for the use of the property. We would not be able to
make improvements to the site until the waterline is constructed.
Public Comment: N/A
Sponsor: PARD