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R-02-01-24-9C4 - 1/24/2002 RESOLUTION NO. R-02-01-24-9C4 WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0 . 22 acre tract of land for the Brushy Creek Wastewater Interceptor Project, 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 Tunnel Wastewater Easement and Right-of-Way (With Temporary Surface and Access Rights) to the Lower Colorado River Authority, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 24th day of Januar 2 . ROB A. STLUKA, JR. YAayor A T: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre ry ::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R20124C4.WPD/ec TUNNEL WASTEWATER EASEMENT AND RIGHT-OF-WAY (WITH TEMPORARY SURFACE AND ACCESS RIGHTS) STATE OF TEXAS § COUNTY OF WILLIAMSON § DATE: 12002 GRANTOR: CITY OF ROUND ROCK,TEXAS,a home rule municipality GRANTOR'S MAILING ADDRESS: 221 East Main Round Rock,Texas 78664 GRANTEE: LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the State of Texas GRANTEE'S MAILING ADDRESS: P.O.Box 220 Austin,Texas 78767 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: A tract of land consisting of 0.22 acre, more or less, more particularly described in the attached Exhibit A,which includes field note description and plat,and which is incorporated herein and made a part hereof for all purposes. PROJECT:Underground wastewater lines and all necessary or desirable appurtenances thereto. GRANTOR,for the CONSIDERATION paid to GRANTOR,hereby grants, sells,and conveys to GRANTEE an easement and right-of-way in,and under,the EASEMENT PROPERTY,together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE'S successors and assigns forever. The easement, right-of-way, rights, and privileges herein granted shall be used for the purposes of excavating for,laying,constructing,placing,operating,maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting, patrolling, changing, modifying,or repairing the PROJECT,or any part of the PROJECT,and making connections therewith. The PROJECT will be constructed by tunneling, at a minimum depth of 20 feet below the surface, and neither the surface of the EASEMENT PROPERTY nor improvements thereon will be disturbed by such tunnel construction. GRANTOR, also grants to GRANTEE temporary surface rights in, upon, over, and across the EASEMENT PROPERTY for the purpose of the installation, operation, maintenance, inspection, modification,repair and removal of monitoring equipment,including,but not limited to,piezometers,utility settlement monitoring points, seismometers, inclinometers, and extensometers (the "Monitoring Equipment"), used to monitor vibration, settlement, ground water levels and ground movement; such Monitoring Equipment may be installed on the surface of,or on buildings or other structures located on the Easement Property. GRANTEE shall have the right of ingress and egress upon and across the EASEMENT PROPERTY for the purpose of accessing the Monitoring Equipment. In the event that immediate access to V3(Brushy Creek K20&21 1 EXHIBIT Tunnel w/Temporary Surface) "An the EASEMENT PROPERTY is not reasonably available over the EASEMENT PROPERTY, and only in that event,then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining such access. In the event that such access is not reasonably available over the EASEMENT PROPERTY and not available over existing roads,and only in that event,GRANTEE shall have the right of reasonable ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access. The monitoring equipment will be removed and GRANTEE'S surface rights will terminate on the earlier to occur of notice from GRANTEE that the Monitoring Equipment has been removed and the holes are plugged or September 30,2003. GRANTEE shall have the right to license,permit,or otherwise agree to the joint use or occupancy of the EASEMENT PROPERTY by any other person or legal entity for the purposes set out herein. GRANTOR shall have the right to use the surface of the EASEMENT PROPERTY, so long as such use does not endanger or interfere with the safe, efficient, or convenient operation or maintenance of the PROJECT. GRANTOR agrees that GRANTOR shall not place any structure in or on the EASEMENT PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the rights of ingress and egress granted herein. In the event that GRANTOR shall place unpermitted materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within three days of receipt of written notice delivered certified mail, return receipt requested by GRANTEE,GRANTEE shall have the right,but not the obligation,to remove such encumbrances and charge GRANTOR for any and all costs connected with such removal including,but not limited to,contractors' fees, equipment costs,and notification costs. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY,provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the EASEMENT PROPERTY,but GRANTOR may extract oil, gas,or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S use of the EASEMENT PROPERTY. The rights granted to GRANTEE in this Easement shall be and are assignable in whole or in part. This instrument,and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns. GRANTOR warrants and shall forever defend the Easement to GRANTEE against anyone lawfully claiming or to claim the EASEMENT or any part thereof. When the context requires,singular nouns and pronouns include the plural. When appropriate,the term "GRANTEE"includes the employees,agents,subsidiaries,officers, servants, contractors, successors and assigns of GRANTEE. V3(Brushy Creek K20&21 2 Tunnel w/Temporary Surface) This instrument may be executed in duplicate originals, and each counterpart shall be deemed an original and all such counterparts together shall constitute one and the same instrument. GRANTOR: CITY OF ROUND ROCK,TEXAS, A home rule municipality By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on , 2002 by as of the City of Round Rock, Texas, a home rule municipality,on behalf of such home rule municipality. Notary Public,State of Texas AFTER RECORDING,RETURN TO: Lower Colorado River Authority P.O. Box 220 Mail Drop H300 Austin,Texas 78767-0220 Attn: Connie Real Project: Brushy Creek Wastewater System Contracts 20-21 File: 23 V3(Brushy Creek K20&21 3 Tunnel w/Tecnporary Surface) 0.22 ACRE TUNNEL EASEMENT FN.NO.6274R(CJG) CITY OF ROUND ROCK NOVEMBER 8,2001 L.C.R.A.PROPERTY LIST#23 PBS&J JOB NO.440816.00 EXHIBIT"A" DESCRIPTION OF A 0.22 ACRE TRACT OR PARCEL OF LAND BEING TWENTY (20) FEET IN WIDTH,SITUATED IN THE J.M.HARREL SURVEY,ABSTRACT NO.284,BEING PART OF A CALLED 1.53 ACRE TRACT OR PARCEL OF LAND CONVEYED TO THE CITY OF ROUND ROCK,IN VOLUME 1094 PAGE 808, RECORDED IN THE DEED RECORDS OF WILLIAMSON COUNTY,TEXAS;0.22 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1h inch Iron rod found on the east line of Chisholm Trail and for the northwest corner of the said 1.53 acre tract,same being the southwest corner of a tract or parcel of land conveyed to Fort Round Rock,LTD.,in Volume 2244,Page 350 of the Deed Records of Williamson County,Texas; THENCE,with the east line of said Chisholm Trail and the west line of said 1.53 acre tract,S 07°24'58" E, a distance of 90.72 feet to the POINT OF BEGINNING of the herein described 20 foot Tunnel Easement; THENCE,departing the said east line of Chisholm Trail and crossing said 1.53 acre tract,S 890 02'06"E, a distance of 471.92 feet to the west line of Interstate Highway Number 35,same being the east line of the said 1.53 acre tract; THENCE,with said west line of Interstate Highway Number 35 and the east line of said 1.53 acre tract, S 121 56'19"E,a distance of 20.60 feet; THENCE,departing said west line of Interstate Highway Number 35 and the east line of said 1.53 acre tract,N 89°02'06"W,a distance of 473.92 feet to the east line of said Chisholm Trail and the west line of said 1.53 acre tract; THENCE,with said east line of said Chisholm Trail and the west line of said 1.53 acre tract,N 071 24' 58"W,a distance of 20.22 feet to the POINT OF BEGINNING of the herein described easement,and containing 0.22 acre of land. Survey Sketch accompanies description. THE STATE OF TEXAS } COUNTY OF TRAVIS ) KNOW ALL MEN BY THESE PRESENTS: That I,Ray D.Weger,a Registered Professional Land Surveyor,do hereby certify that the above description and that the property described herein was determined by a survey made on the ground during April 2001 under my supervision. WITNESS MY HAND AND SEAL at Austin,Travis County,Te 2001 A.D. xas this the 8m day of November �E OF T PBS&J S 206 Wild Basin Road R Suite 300 ay D. eget R —•••.:.... Registe d Professi al . Land .We er Austin,Texas 78746 . �":"• No. 4711 -State of Texas y0�4711 ap•,Q ... .•Fss�o..y0 su�.� LCRA ACAD FILE:LCRAW1024-0023A.DWG LCRA WORD FILE:LCRAW1024-0023A.DOC SHEET 1 OF 2 EXHIBIT'R LCRA PROPERTY OWNER LIST#23 iqw 6 !t 4F 2F LEGEND: �q GRAPHIC 0 o IRON ROD FOUND 1/2" NOVEMBER 2001 1� ' 1"=100' o NOTHING FOUND � WIUJAMSON COUNTY, TEXAS CALCULATED POINT (CALLED 3.42 ACRES) C� FORT ROUND ROCK,LTD. U1 POINT OF VOLUME 2244,PAGE 350 COMMENCEMENT o m r BASIS DC BEARING 1 N89'33'39'C ' c (589'10'[ A660.35'0,35') H N �� (CALLED 1.53 ACRES) U POINT OF CITY OF ROUND ROCK ^< BEGINNING VOLUME 1094,PAGE 808 (� o• (j1 171.92' 2D22• BRUSHY CREEK r - S99'33'D4'V 474.45' fN89'1D'V _____474.25')- -------- 0.22 ACRES 20'TUNNEL EASEMENT CENTERLINE OF 20'TUNNEL EASEMENT '%'EDUND DN TDP CENTER Df 'RMIND RDCK' V (CALLED 3.76 ACRES) �w DON QUICK REF#R055655 cl .CRA ACAD FILE:LRCAW024-0023A.DWG NOTES: 1. DEED REFERENCES SITED HEREON REFER TO THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS 2. BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83 — TEXAS CENTRAL ZONE) iwlNc to ACCOMPANY FlELo►voTE No.6274 SKETCH TO ACCOMPANY FIELD NOTES 206 ww BASN ROAD 0.22 ACRE TUNNEL EASEMENT P.O. BOX 162°690 CITY OF ROUND ROCK A ioZ°°°(512) 3276eVOLUME 1094, PAGE 808 WILLIAMSON COUNTY TEXAS SHEET 2 OF 2 DATE: January 17, 2002 SUBJECT: City Council Meeting—January 24, 2002 ITEM: *9.C.4. Consider a resolution authorizing the Mayor to execute a Tunnel Wastewater Easement and Right-of-Way on a 0.22-acre tract of land to the Lower Colorado River Authorityfor the Brushy Creek Wastewater Project. Resource: Jim Nuse,Public Works Director History: This Regional Project was started in 1984. Providing these easements at no cost to LCRA will allow for the completion of the Brushy Creek Regional Wastewater System(i.e. Contracts 20 and 21). Funding: Cost: N/A Source of funds: N/A Outside Resources: Lower Colorado River Authority(LCRA) Brazos River Authority (BRA) Impact/Benefit: Allowing for said completion of Regional System, which allows the City to take four (4) existing Lift Stations off line, which will reduce our operation and maintenance costs. Public Comment: LCRA will be handling all easement negotiations as required from private property ownership. Sponsor: N/A EXECUTED DOCUMENT FOLLOWS TUNNEL WASTEWATER EASEMENT COPY AND RIGHT-OF-WAY (WITH TEMPORARY SURFACE AND ACCESS RIGHTS) STATE OF TEXAS § COUNTY OF WILLIAMSON (§ DATE: J&U ARy D4 ,2002 GRANTOR: CITY OF ROUND ROCK,TEXAS,a home rule municipality GRANTOR'S MAILING ADDRESS: 221 East Main Round Rock,Texas 78664 GRANTEE: LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the State of Texas GRANTEE'S MAILING ADDRESS: P. O.Box 220 Austin,Texas 78767 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: A tract of land consisting of 0.22 acre, more or less, more particularly described in the attached Exhibit A,which includes field note description and plat,and which is incorporated herein and made a part hereof for all purposes. PROJECT:Underground wastewater lines and all necessary or desirable appurtenances thereto. GRANTOR, for the CONSIDERATION paid to GRANTOR,hereby grants, sells, and conveys to GRANTEE an easement and right-of-way in,and under,the EASEMENT PROPERTY,together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE'S successors and assigns forever. The easement, right-of-way, rights, and privileges herein granted shall be used for the purposes of excavating for,laying,constructing,placing,operating,maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting, patrolling, changing, modifying,or repairing the PROJECT,or any part of the PROJECT,and making connections therewith. The PROJECT will be constructed by tunneling, at a minimum depth of 20 feet below the surface, and neither the surface of the EASEMENT PROPERTY nor improvements thereon will be disturbed by such tunnel construction. GRANTOR, also grants to GRANTEE temporary surface rights in, upon, over, and across the EASEMENT PROPERTY for the purpose of the installation, operation, maintenance, inspection, modification,repair and removal of monitoring equipment,including,but not limited to,piezometers,utility settlement monitoring points, seismometers, inclinometers, and extensometers (the "Monitoring Equipment"), used to monitor vibration, settlement, ground water levels and ground movement; such Monitoring Equipment may be installed on the surface of,or on buildings or other structures located on the Easement Property. GRANTEE shall have the right of ingress and egress upon and across the EASEMENT PROPERTY for the purpose of accessing the Monitoring Equipment. In the event that immediate access to V3(Brushy Creek K20&21 1 Tunnel w/Temporary Surface) the EASEMENT PROPERTY is not reasonably available over the EASEMENT PROPERTY,and only in that event,then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining such access. In the event that such access is not reasonably available over the EASEMENT PROPERTY and not available over existing roads, and only in that event,GRANTEE shall have the right of reasonable ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access. The monitoring equipment will be removed and GRANTEE'S surface rights will terminate on the earlier to occur of notice from GRANTEE that the Monitoring Equipment has been removed and the holes are plugged or September 30,2003. GRANTEE shall have the right to license,permit,or otherwise agree to the joint use or occupancy of the EASEMENT PROPERTY by any other person or legal entity for the purposes set out herein. GRANTOR shall have the right to use the surface of the EASEMENT PROPERTY,so long as such use does not endanger or interfere with the safe, efficient, or convenient operation or maintenance of the PROJECT. GRANTOR agrees that GRANTOR shall not place any structure in or on the EASEMENT PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the rights of ingress and egress granted herein. In the event that GRANTOR shall place unpermitted materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within three days of receipt of written notice delivered certified mail, return receipt requested by GRANTEE,GRANTEE shall have the right,but not the obligation,to remove such encumbrances and charge GRANTOR for any and all costs connected with such removal including,but not limited to,contractors' fees, equipment costs, and notification costs. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY,provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the EASEMENT PROPERTY,but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S use of the EASEMENT PROPERTY. The rights granted to GRANTEE in this Easement shall be and are assignable in whole or in part. This instrument,and the terms and conditions contained herein,shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns. GRANTOR warrants and shall forever defend the Easement to GRANTEE against anyone lawfully claiming or to claim the EASEMENT or any part thereof. When the context requires,singular nouns and pronouns include the plural. When appropriate,the term "GRANTEE" includes the employees, agents,subsidiaries,officers, servants,contractors, successors and assigns of GRANTEE. V3(Brushy Creek K20&21 2 Tunnel w/Temporary Surface) This instrument may be executed in duplicate originals, and each counterpart shall be deemed an original and all such counterparts together shall constitute one and the same instrument. GRANTOR: CITY OF ROUND ROCK,TEXAS, A hom unicipality By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on unip V 2002 by ,eQfter Q,• 6=J�4,If. as M69 VQ I of the City of Round Rock, Texas, a home rule municipality,on behalf of such home rule municipality. n CHRISTINE R.MARTINEZ MY COMMISSION EXPIRES August 28,Zoos Notary Public, State of Texas AFTER RECORDING,RETURN TO: Lower Colorado River Authority P.O.Box 220 Mail Drop H300 Austin,Texas 78767-0220 Attn: Connie Real Project: Brushy Creek Wastewater System Contracts 20-21 File: 23 V3(Brushy Creek K20&21 3 Tunnel w/Temporary Surface) 0.22 ACRE TUNNEL EASEMENT CITY OF ROUND ROCK FN. NO. 6274R (CJG) L.C.R.A. PROPERTY LIST #23 NOVEMBER 8, 2001 PBS&J JOB NO. 440816.00 EXHIBIT "A" DESCRIPTION OF A 0.22 ACRE TRACT OR PARCEL OF LAND BEING TWENTY (20) FEET IN WIDTH, SITUATED IN THE J.M. HARREL SURVEY,ABSTRACT NO.284,BEING PART OF A CALLED 1.53 ACRE TRACT OR PARCEL OF LAND CONVEYED TO THE CITY OF ROUND ROCK, IN VOLUME 1094 PAGE 808, RECORDED IN THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; 0.22 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a Y2 inch iron rod found on the east line of Chisholm Trail and for the northwest corner of the said 1.53 acre tract, same being the southwest corner of a tract or parcel of land conveyed to Fort Round Rock, LTD., in Volume 2244, Page 350 of the Deed Records of Williamson County, Texas; THENCE, with the east line of said Chisholm Trail and the west line of said 1.53 acre tract, S 070 24'58" E, a distance of 90.72 feet to the POINT OF BEGINNING of the herein described 20 foot o of Tunnel THENCE,departing the said east line of Chisholm Trail and crossing said 1.53 acre tract,S 890 02'06"E a distance of 471.92 feet to the west line of Interstate Highway Number 35, same being the east line of the said 1.53 acre tract; THENCE,with said west.line of Interstate Highway Number 35 and the east line of said 1.53 acre tract 120 56' 19" E, a distance of 20.60 feet; S THENCE, departing said west line of Interstate Highway Number 35 and the east line of said 1. acre tract, N 890 02' 06" W, a distance of 473.92 feet to the east line of said Chisholm Trail an 53 west line of said 1.53 acre tract; d the THENCE, with said east line of said Chisholm Trail and the west line of said 1.53 acre tract N 070 24' 58"W, a distance of 20.22 feet to the POINT OF BEGINNING of the herein described easement and containing 0.22 acre of land. Survey Sketch accompanies description. THE STATE OF TEXAS } COUNTY OF TRAVIS } KNOW ALL MEN BY THESE PRESENTS: That I, Ray D.Weger,a Registered Professional Land Surveyor,do hereby certify that the description and that the property described herein was determined by a survey made n the gabove round during April 2001 under my supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 8T"day of November 2001 A.D. PBS&J P�•o�sO F••.F�. .O 206 Wild Basin Road r'�•'Q�` 9�0:�N Suite 300 Ray D. eger •..... ... Ra D. WeRe ... Austin, Texas 78746 Registe d Professi al Land •"• ••'.~"•••...• e:... No. 4711 - State of Texas -y 1.0 471 .�.•. O SUR`I� LCRA ACAD FILE: LCRAW1024-0023A.DWG LCRA WORD FILE: LCRAWI024-0023A.DOC SHEET 1 OF 2 EXHIBIT'A' LCRA PROPERTY OWNER LIST#23 2 s . LEGEND: GRAPHIC SCALE J�V 1"=100' o IRON ROD FOUND 1/2" NOVEMBER 2001 0 NOTHING FOUND WILLIAMSON COUNTY, TEXAS CALCULATED POINT (CALLED 3.42 ACRES) FORT ROUND ROCK, LTD. (n POINT OF VOLUME 2244, PAGE 350 U) COMMENCEMENT s � OBASIS Oi' BEARING NU9.35'SE 10'E 460.34' 460.35') PN (CALLED 1.53 ACRES) POINT OF CITY OF ROUND ROCK °N BEGINNING VOLUME 1094, PAGE 808 rn zo• 20.60' �• 471.92' r i--� _ __�-- — �--_—"'�'_ —_•.►-- — _ tea`-------- 20.22 BRUSHY CREEK S99.33'04'W CN99.10'W 474.45' ______ ______________--_--474.25')— -------- _- 0.22 ACRES 20'TUNNEL EASEMENT CENTERLINE OF 20'TUNNEL EASEMENT 'X' FOUND ON TOP �J CENTER OF 'ROUND ROCK' s�, .� (CALLED 3.76 ACRES) DON QUICK '0011Tin REF#R055655 LCRA ACAD FILE: LRCAW024-0023A.DWG NOTES: 1, DEED REFERENCES SITED HEREON REFER TO THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS 2. BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83 — TEXAS CENTRAL ZONE) DRAWING to ACCOMPANY FIELDNOTE No. 6274 SKETCH TO ACCOMPANY FIELD N 206 WILD WIN ROAO 0.22 ACRE TUNNEL EASEMENTOTES surrE aoo CITY OF ROUND ROCK P.O. BOX 162690 AUSTIN 512�2i 6a4o2890 VOLUME 1094, PAGE 808 WILLIAMSON COUNTY TEXAS SHEET 2 OF 2