R-02-01-24-9C5 - 1/24/2002 RESOLUTION NO. R-02-01-24-9C5
WHEREAS, the City desires to convey a wastewater easement to
the Lower Colorado River Authority on a 0 . 09 acre tract of land,
and a 0 . 10 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 Janu 002 .
ROB A. STLUKA, J Mayor
A T: • City of Round Rock, Texas
UUMNU �)b
CHRISTINE R. MARTINEZ, City Se retary
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R20124CS.WPD/sc
TUNNEL WASTEWATER EASEMENT
AND RIGHT-OF-WAY
(WITH TEMPORARY SURFACE AND ACCESS RIGHTS)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
DATE: ,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.
TUNNELL WASTEWATER EASEMENT PROPERTY: A tract of land consisting of 0.09 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.
TEMPORARY CONSTRUCTION EASEMENT PROPERTY: A tract of land consisting of 0.10
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.
EXHIBIT
nAn
(K20&21 Tunnel 1
w/Temp Surface)
GRANTOR also grants to GRANTEE a temporary construction easement in,upon,over,and across
the TEMPORARY CONSTRUCTION EASEMENT PROPERTY for the purposes of constructing and laying
the PROJECT in the WASTEWATER LINE EASEMENT PROPERTY. This Temporary Construction
Easement shall automatically expire upon completion of the initial construction of the PROJECT,but in no
event shall it extend beyond the three year period that begins with the first day of construction on the
EASEMENT PROPERTY. Hardwood trees eight inches or smaller in diameter located in the Temporary
Construction Easement may be removed. Hardwood trees eight inches or greater in diameter located in the
Temporary Construction Easement may be trimmed;provided,however,those certain trees identified in the
construction plans will be removed. Upon such termination, the Temporary Construction Easement shall
revert to the sole ownership and control of GRANTOR.
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
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 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.
(K20&21 Tunnel 2
w/Temp Surface)
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.
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: 23A
(K20&21 Tunnel 3
w/Temp Surface)
(TRACT ONE)0.09 ACRE TUNNEL EASEMENT
(TRACT TWO)0.10 ACRE TEMPORARY CONSTRUCTION EASEMENT DECEMBER 12,(2001
CITY OF ROUND ROCK
LCRA PROPERTY LIST#23A PBS&J JOB N0.440816.00
EXHIBIT"A"
(TRACT ONE)
DESCRIPTION OF A 0.09 ACRE TRACT OR PARCEL OF LAND BEING TWENTY (20) FOOT IN
WIDTH,SITUATED IN THE JACOB M.HARRELL SURVEY,ABSTRACT NO.284,BEING A PART OF
THAT CERTAIN 0.888 ACRE TRACT OR PARCEL OF LAND AWARDED TO THE CITY OF ROUND
ROCK BY CONDEMNATION IN THE DISCTRICT COURT OF WILLIAMSON COUNTY,TEXAS,CASE
NO.84-178-C,OF RECORD IN VOLUME 65,PAGE 24 OF THE DISTRICT COURT RECORDS OF
WILLIAMSON COUNTY, TEXAS. 0.09 ACRE TRACT OR PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for reference at a 31 inch iron rod found monumenting the northeast corner of a called
1.29 acre tract or parcel of land described in a Warranty Deed from J.W.Sansom to J.B.Rutland and
wife,Harriet Irvin Rutland,dated August 29, 1967 and recorded in volume 501,page 387 of the Deed
Records of Williamson County,Texas,from which a cotton spindle found monumenting the northwest
comer of a called 0.50 acre tract or parcel of land described in a Warranty Deed to Harriet Irvin Rutland in
volume 1280,page 428 of the Deed Records of Williamson County,Texas,bears S 77°44'22"W a
distance of 277.36 feet;
THENCE,S 120 55'02"E,with the east line of said 1.29 acres and the west right-of-way of Chisholm
Trail,being of variable width,a distance of 65.00 feet;
THENCE, S 040 55'02"E,continuing with the east line of said 1.29 acres and the west line of said
Chisholm Trail right-of-way a distance of 139.07 feet passing the most northerly corner of a right-of-way
easement described in volume 1094,page 770 of the Official Records of Williamson County,Texas and
continuing for a total distance of 210.00 feet to the southeast corner of said 1.29 acres and the southeast
corner of said right-of-way easement,also being the northeast corner of said 0.888 acre tract or parcel of
land,from which a chiseled X marking the center of the Round Rock for which the City of Round Rock is
named bears S 231 25'02"E,a distance of 203.00 feet;
THENCE,S 04°49'54"E,departing the southeast corner of said 1.29 acres,continuing with the west line
of said Chisholm Trail right-of-way and the east line of said 0.888 acre,a distance of 132.81 feet to THE
POINT OF BEGINNING of the herein described easement;
THENCE,S 04°49'54"E,continuing with the west line of said Chisholm Trail right-of-way and the east
line of said 0.888 acre,a distance of 20.10 feet;
THENCE,N 89°02'06"W,departing the west line of said Chisholm Trail right-of-way,over and across
said 0.888 acre,a distance of 198.03 feet to the east line of a railroad right-of-way described in volume
72,page 254 of the Deed Records of Williamson County,Texas and the west line of said 0.888 acre;
THENCE,N 19°55'24"W,with the east line of a railroad right-of-way and the west line of said 0.888 acre
a distance of 21.41 feet;
THENCE,S 89°02'06"E,departing the east line of a railroad right-of-way,over and across said 0.888
acre,a distance of 203.63 feet to THE POINT OF BEGINNING of the herein described easement and
containing 0.09 acre of land. Survey Sketch accompanies and is a part of this description.
(TRACT TWO)
DESCRIPTION OF A 0.10 ACRE TRACT OR PARCEL OF LAND BEING TWENTY(20) FOOT IN
WIDTH,SITUATED IN THE JACOB M.HARRELL SURVEY,ABSTRACT NO.284,BEING A PART OF
THAT CERTAIN 0.888 ACRE TRACT OR PARCEL OF LAND AWARDED TO THE CITY OF ROUND
ROCK BY CONDEMNATION IN THE DISCTRICT COURT OF WILLIAMSON COUNTY,TEXAS,CASE
NO.84-178-C,OF RECORD IN VOLUME 65, PAGE 24 OF THE DISTRICT COURT RECORDS OF
WILLIAMSON COUNTY, TEXAS. 0.10 ACRE TRACT OR PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
LCRA ACAD FILE:LCRAW024-0023AA.DWG
LCRA WORD FILE:LCRAW024-0023AA.DOC
SHEET 1 OF 3
(TRACT ONE)0.09 ACRE TUNNEL EASEMENT
(TRACT TWO)0.10 ACRE TEMPORARY CONSTRUCTION EASEMENT DECEMBER 2,2001)
CITY OF ROUND ROCK PBS&J JOB NO.440816.00
LCRA PROPERTY LIST#23A
COMMENCING for reference at a Y2 inch iron rod found monumenting the northeast corner of a called
1.29 acre tract or parcel of land described in a Warranty Deed from J.W.Sansom to J.B.Rutland and
wife, Harriet Irvin Rutland,dated August 29, 1967 and recorded in volume 501,page 387 of the Deed
Records of Williamson County,Texas,from which a cotton spindle found monumenting the northwest
comer of a called 0.50 acre tract or parcel of land described in a Warranty Deed to Harriet Irvin Rutland in
volume 1280,page 428 of the Deed Records of Williamson County,Texas,bears S 770 44'22"W,a
distance of 277.36 feet;
THENCE,S 120 55'02"E,with the east line of said 1.29 acres and the west right-of-wayof Chishol
Trail,being of variable width,a distance of 65.00 feet; m
THENCE, S 040 55'02"E, continuing with the east line of said 1.29 acres and the west line of said
Chisholm Trail right-of-way a distance of 139.07 feet passing the most northerly comer of a right-of-way
easement described in volume 1094,page 770 of the Official Records of Williamson County,Texas and
continuing for a total distance of 210.00 feet to the southeast corner of said 1.29 acres and the southeast
corner of said right-of-way easement,also being the northeast comer of said 0.888 acre tract or parcel of
land,from which a chiseled X marking the center of the Round Rock for which the City of Round Rock is
named bears S 23°25'02"E,a distance of 203.00 feet;
THENCE,S 040 49'54"E,departing the southeast corner of said 1.29 acres,continuing with the west line
of said Chisholm Trail right-of-way and the east line of said 0.888 acre,a distance of 59.76 feet to THE
POINT OF BEGINNING of the herein described easement;
THENCE,S 04°49'54"E,continuing with the west line of said Chisholm Trail right-of-way and the east
line of said 0.888 acre,a distance of 20.26 feet;
THENCE,N 85°41'32*W,departing the west line of said Chisholm Trail right-of-way,over and across
said 0.888 acre,a distance of 223.70 feet to the east line of a railroad right-of-way described in volume
72,page 254 of the Deed Records of Williamson County,Texas and the west line of said 0.888 acre;
THENCE,N 19°55'24"W,with the east line of a railroad right-of-way and the west line of said 0.888 acre
a distance of 17.73 feet;
THENCE,N 780 14'58"W,departing the east line of said railroad right-of-way,with the north line of said
0.888 acre,a distance of 13.84 feet;
THENCE,S 85°41'32"E,departing the north line of said 0.888 acre,over and across said 0.888 acre,a
distance of 214.46 feet to THE POINT OF BEGINNING of the herein described easement and containing
0.10 acre of land. Survey Sketch accompanies and is a part of this 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
Survey Report and 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,Texas this the 12th day of December
2001 A.D.
OF
PBS&J S T pF
206 Wild Basin Road Ra D We ""' '
Suite 300 y 9ef Ray D. We er
Austin,Texas 78746 Regist ed Pro .. ...ar q r
No. 4711 -Stat i� s s to?•'O
LCRA ACAD FILE:LCRAW024-0023AA.DWG SURJ�,
LCRA WORD FILE:LCRAW024-0023AA.DOC
SHEET 2 OF 3
L.C.RA.PROPERTY LIST#23A EXHIBIT"A"
LCRA ACAD FILE:LCRAW024-0023AA..DWG
LINE TABLE
LINE LENGTH CURVE TABLE
BEARING CURVE LENGTH RADIUS CHORD BRG CHORD
L7 20.28 304.4884'E 49.84 ,'5A3 NOI-39.59•E 4&68
L2 20.10 —ClSO4.49'S4'E
C2 14.26 388.89 NOS'4059'E 11.28
L3 21.41 N19'65'241N
L4 17.73 N19'5524'W
L5 13.84 N78'14S8•E
L8 10.30 S78.141—
L7 10.00 NOB•44'19•E P.O.C.LB 70.92 SO4.55WE C
(TR ACT 1)
OF
5E,,`R1NGS, (TRACT 2)
(5p.S1S n7.3e 11450 m
sT'+•44K
2
Co.
qgz a(CALLED 0.60 ACRE)
HARRIET t�L�
VOL 1280•P0.VIN UTLAND '" �es R CI`•r�`
428
D.R.W.C.T.
�.3q•5g'E 0 2�R�Y
163.E
m
y
20
o$ (CALLED 129 ACRES) N
'}Z J-8. WIFE
AND
IRVIN R RUTLANDOUTLAND (((`,=
CEDAR VOL 501,PG.387 10
POST D.R.W.C.T. O
FOUND
O�
RIGHT-OF-WAY EASEMENT f
THE CRY OF ROUND ROCK {
VOL.1094,PG.no
O.R.W.C.T. v
l8
2 $ 194.30r (TRACT 2)
O
N 227.,3 O
0.10 ACRE
0-0
v L5 s s79 il:3-M l 131 20'TEMPORARY
CONSTRUCTION °1
Cn > S9s'41'32'E 214.46' EASEMENT
TA
S w or
rp Na5'41'32•W 223.70 P•O•B. 'Q a-�
(TRACT 2)
(CALLED 0.888 ACRE)
Z? THE CITY OF
f0i0 ROUND ROCKZo
NO.84-17a-c
VOL 65.PG.24
D.C.R.W.C.T.
sas•oros'E 203.63'
ag
NO '0706W 198.03'
P.O.B.
(TRACT i) (TRACT,)
m 0.09 ACRE
$� 20'TUNNEL
FOUND')r IN
EASEMENT CENTER OF THE
(178.811 ROUND ROCK
LEGEND: 176.6,•
sao•49'36'W
CAPPED IRON ROD FOUND (se21T3p1N)
COTTON SPINDLE FOUND BRUSHY CREEK
C IRON ROD FOUND 1/2 INCH
( ) DEED CALLS, IF ANY 4 2
D.C.R.W.C.T. DISTRICT COURT RECORDS OF WILLIAMSON COUNTY, TEXAS 3P.
D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS GRAPHIC SCALE
O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
P.O.B. POINT OF BEGINNING 1"=60'
P.O.C. POINT OF COMMENCEMENT DECEMBER 2001
MSON COUNTY
NOTES: BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83 TEXAASL CENTRAL ZONE) , TEXAS
RAWING to ACCOMPANY FlELDNOTE No.6358 SKETCH TO ACCOMPANY FIELD NOTES
206 WILD BASIN ROAD (TRACT ONE) 0.09 ACRE TUNNEL EASEMENT
SUITE 30D (TRACT TWO) 0.10 ACRE TEMP. CONST. EASEMENT
P.O. Box 1az690 CITY OF ROUND ROCK
AUSRN,TEXAS 78716-2690
(512) 327-6840 NO. 84-178—C, VOLUME 65, PAGE 24
WILLIAMSON COUNTY TEXAS
SHEET 3 OF 3
DATE: January 17, 2002
SUBJECT: City Council Meeting—January 24, 2002
ITEM: *9.C.5. Consider a resolution authorizing the Mayor to execute a
Tunnel Wastewater Easement and Right-of-Way on a 0.09-acre
tract of land, and a 0.10-acre tract of land to the Lower
Colorado River Authority for 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 (LORA)
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 (COO PAY
AND RIGHT-OF-WAY
(WITH TEMPORARY SURFACE AND ACCESS RIGHTS)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
DATE: �HNu��l1 d'� ,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.
TUNNELL WASTEWATER EASEMENT PROPERTY: A tract of land consisting of0.09 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.
TEMPORARY CONSTRUCTION EASEMENT PROPERTY: A tract of land consisting of 0.10
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.
(K20&21 Tunnel 1
w/Temp Surface)
GRANTOR also grants to GRANTEE a temporary construction easement in,upon,over,and across
the TEMPORARY CONSTRUCTION EASEMENT PROPERTY for the purposes of constructing and laying
the PROJECT in the WASTEWATER LINE EASEMENT PROPERTY. This Temporary Construction
Easement shall automatically expire upon completion of the initial construction of the PROJECT,but in no
event shall it extend beyond the three year period that begins with the first day of construction on the
EASEMENT PROPERTY. Hardwood trees eight inches or smaller in diameter located in the Temporary
Construction Easement may be removed. Hardwood trees eight inches or greater in diameter located in the
Temporary Construction Easement may be trimmed;provided,however,those certain trees identified in the
construction plans will be removed. Upon such termination, the Temporary Construction Easement shall
revert to the sole ownership and control of GRANTOR.
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
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 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.
(K20&21 Tunnel 2
wrremp Surface)
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.
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. municipality
Name: R- cnkm J
Title: M.4*9t-
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on i m( hAp o 4 ,2002
by Q•5TitJJ 44,JR. as 1')').Q V O , of the City of Round Rock,
Texas,a home rule municipality,on behalf of such home rule municipality.
+ _ CHRISTINE R.MARTINEZ
MY COMMISSION EXPIRES Notary Public, State of Texas
{p August 28,2005
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: 23A
(K20&21 Tunnel 3
w/Temp Surface)
(TRACT ONE) 0.09 ACRE TUNNEL EASEMENT F.N. NO. 6358 (JJC)
(TRACT TWO) 0.10 ACRE TEMPORARY CONSTRUCTION EASEMENT DECEMBER 12, 2001
CITY OF ROUND ROCK PBS&J JOB NO. 440816.00
LCRA PROPERTY LIST#23A
EXHIBIT"A"
(TRACT ONE)
DESCRIPTION OF A 0.09 ACRE TRACT OR PARCEL OF LAND BEING TWENTY (20) FOOT IN
WIDTH,SITUATED IN THE JACOB M. HARRELL SURVEY,ABSTRACT NO.284, BEING A PART OF
THAT CERTAIN 0.888 ACRE TRACT OR PARCEL OF LAND AWARDED TO THE CITY OF ROUND
ROCK BY CONDEMNATION IN THE DISCTRICT COURT OF WILLIAMSON COUNTY,TEXAS,CASE
NO. 84-178-C, OF RECORD IN VOLUME 65, PAGE 24 OF THE DISTRICT COURT RECORDS OF
WILLIAMSON COUNTY, TEXAS. 0.09 ACRE TRACT OR PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for reference at a '/2 inch iron rod found monumenting the northeast corner of a called
1.29 acre tract or parcel of land described in a Warranty Deed from J.W. Sansom to J.B. Rutland and
wife, Harriet Irvin Rutland, dated August 29, 1967 and recorded in volume 501, page 387 of the Deed
Records of Williamson County, Texas, from which a cotton spindle found monumenting the northwest
corner of a called 0.50 acre tract or parcel of land described in a Warranty Deed to Harriet Irvin Rutland in
volume 1280, page 428 of the Deed Records of Williamson County, Texas, bears S 770 44' 22" W, a
distance of 277.36 feet;
THENCE, S 120 55' 02" E, with the east line of said 1.29 acres and the west right-of-way of Chisholm
Trail, being of variable width, a distance of 65.00 feet;
THENCE, S 040 55' 02" E, continuing with the east line of said 1.29 acres and the west line of said
Chisholm Trail right-of-way a distance of 139.07 feet passing the most northerly corner of a right-of-way
easement described in volume 1094, page 770 of the Official Records of Williamson County,Texas and
continuing for a total distance of 210.00 feet to the southeast corner of said 1.29 acres and the southeast
corner of said right-of-way easement,also being the northeast corner of said 0.888 acre tract or parcel of
land,from which a chiseled X marking the center of the Round Rock for which the City of Round Rock is
named bears S 231 25' 02" E, a distance of 203.00 feet;
THENCE,S 040 49'54"E,departing the southeast corner of said 1.29 acres,continuing with the west line
of said Chisholm Trail right-of-way and the east line of said 0.888 acre, a distance of 132.81 feet to THE
POINT OF BEGINNING of the herein described easement;
THENCE,S 040 49'54" E,continuing with the west line of said Chisholm Trail right-of-way and the east
line of said 0.888 acre, a distance of 20.10 feet;
THENCE, N 890 02'06"W, departing the west line of said Chisholm Trail right-of-way,over and across
said 0.888 acre, a distance of 198.03 feet to the east line of a railroad right-of-way described in volume
72, page 254 of the Deed Records of Williamson County, Texas and the west line of said 0.888 acre;
THENCE, N 190 55'24"W,with the east line of a railroad right-of-way and the west line of said 0.888 acre
a distance of 21.41 feet;
THENCE, S 890 02' 06" E, departing the east line of a railroad right-of-way, over and across said 0.888
acre, a distance of 203.63 feet to THE POINT OF BEGINNING of the herein described easement and
containing 0.09 acre of land. Survey Sketch accompanies and is a part of this description.
(TRACT TWO)
DESCRIPTION OF A 0.10 ACRE TRACT OR PARCEL OF LAND BEING TWENTY (20) FOOT IN
WIDTH,SITUATED IN THE JACOB M. HARRELL SURVEY,ABSTRACT NO.284,BEING A PART OF
THAT CERTAIN 0.888 ACRE TRACT OR PARCEL OF LAND AWARDED TO THE CITY OF ROUND
ROCK BY CONDEMNATION IN THE DISCTRICT COURT OF WILLIAMSON COUNTY,TEXAS,CASE
NO. 84-178-C, OF RECORD IN VOLUME 65, PAGE 24 OF THE DISTRICT COURT RECORDS OF
WILLIAMSON COUNTY, TEXAS. 0.10 ACRE TRACT OR PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
LCRA ACAD FILE: LCRAW024-0023AA.DWG
LCRA WORD FILE: LCRAW024-0023AA.DOC
SHEET 1 OF 3
(TRACT ONE) 0.09 ACRE TUNNEL EASEMENT F.N. NO. 6358 (JJC)
(TRACT TWO) 0.10 ACRE TEMPORARY CONSTRUCTION EASEMENT DECEMBER 12, 2001
CITY OF ROUND ROCK PBS&J JOB NO. 440816.00
LCRA PROPERTY LIST #23A
COMMENCING for reference at a '/2 inch iron rod found monumenting the northeast corner of a called
1.29 acre tract or parcel of land described in a Warranty Deed from J.W. Sansom to J.B. Rutland and
wife, Harriet Irvin Rutland, dated August 29, 1967 and recorded in volume 501, page 387 of the Deed
Records of Williamson County, Texas, from which a cotton spindle found monumenting the northwest
corner of a called 0.50 acre tract or parcel of land described in a Warranty Deed to Harriet Irvin Rutland in
volume 1280, page 428 of the Deed Records of Williamson County, Texas, bears S 770 44' 22" W, a
distance of 277.36 feet;
THENCE, S 120 55' 02" E, with the east line of said 1.29 acres and the west right-of-way of Chisholm
Trail, being of variable width, a distance of 65.00 feet;
THENCE, S 040 55' 02" E, continuing with the east line of said 1.29 acres and the west line of said
Chisholm Trail right-of-way a distance of 139.07 feet passing the most northerly corner of a right-of-way
easement described in volume 1094, page 770 of the Official Records of Williamson County,Texas and
continuing for a total distance of 210.00 feet to the southeast corner of said 1.29 acres and the southeast
corner of said right-of-way easement,also being the northeast corner of said 0.888 acre tract or parcel of
land,from which a chiseled X marking the center of the Round Rock for which the City of Round Rock is
named bears S 230 25' 02" E, a distance of 203.00 feet;
THENCE,S 040 49'54"E,departing the southeast corner of said 1.29 acres,continuing with the west line
of said Chisholm Trail right-of-way and the east line of said 0.888 acre, a distance of 59.76 feet to THE
POINT OF BEGINNING of the herein described easement;
THENCE, S 040 49' 54" E, continuing with the west line of said Chisholm Trail right-of-way and the east
line of said 0.888 acre, a distance of 20.26 feet;
THENCE, N 850 41'32"W, departing the west line of said Chisholm Trail right-of-way,over and across
said 0.888 acre, a distance of 223.70 feet to the east line of a railroad right-of-way described in volume
72, page 254 of the Deed Records of Williamson County, Texas and the west line of said 0.888 acre;
THENCE, N 190 5524"W,with the east line of a railroad right-of-way and the west line of said 0.888 acre
a distance of 17.73 feet;
THENCE, N 780 14'58"W,departing the east line of said railroad right-of-way,with the north line of said
0.888 acre, a distance of 13.84 feet;
THENCE,S 850 41'32"E,departing the north line of said 0.888 acre,over and across said 0.888 acre,a
distance of 214.46 feet to THE POINT OF BEGINNING of the herein described easement and containing
0.10 acre of land. Survey Sketch accompanies and is a part of this description.
THE STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS }
That I, Ray D.Weger,a Registered Professional Land Surveyor,do hereby certify that the above
Survey Report and 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 Bustin,Travis County,Texas this the 12t'day of December
2001 A.D.
OF
G�s'rgF-�'
PBS&J
206 Wild Basin Road Ra D Weger ...D
Y 9 � Ra�/ D. Weer
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Suite 300 Regist red Pro al p...'�' r
Austin, Texas 78746 No. 4711 -Stat fSU
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LCRA ACAD FILE: LCRAW024-0023AA.DWG
LCRA WORD FILE: LCRAW024-0023AA.DOC
SHEET 2 OF 3
EXHIBIT"A"
L.C.R.A. PROPERTY LIST#23A LCRA ACAD FILE: LCRAW024-0023AA.DWG
LINE TABLE CURVE TABLE
LINE LENGTH BEARING CURVE LENGTH RADIUS CHORD BRG CHORD
L1 20.28 SO4'49'64"E Cl 48.84 175.43 N01'39'59"E 48.68
L2 20.10 SO4.49'64"E C2 14.26 388.69 N05'40'59"E 14.28
L3 21.41 N19'5524W
L4 17.73 N19'55'24"W
L5 13.84 N78°14'58"E
LS 10.30 S78'14'58"W
L7 10.00 N06'44'19"E P.O.C.
L8 70.92 504'55'02"E (TRACT 1)
(TRACT 2)
OF BEARINGS)
I'0'sIs 277.36 114.50' N
STT•44'?2
Z� COe
(CALLED 0.50 ACRE) , 4's /y, `
HARRIET IRVIN RUTLAND
VOL.1280,PG.428 Orly{{
D.R.W.C.T.
NTT.34,58"E
163.50
m
y
2n
-A.
o $ (CALLED 1.29 ACRES) y=
J.B.RUTLAND AND WIFE
HARRIET IRVIN RUTLAND 0
VOL.501,PG.387 p
CEDAR D.R.W.C.T. U
POST J 0
FOUND
RIGHT-OF-WAY EASEMENT r r
THE CITY OF ROUND ROCK a+
VOL.1094,PG.770
O.R,W.C.T. U
Z
.� l8
a a
30' (TRACT 2) O
2 1g4' t3' 0.10 ACRE y
cZ STg•t4">8, (22713') 20'TEMPORARY `v
a° L5 (S79•43 CONSTRUCTION
p a EASEMENT
°
S8541'32"E
O C� ra 214.46' w 01,
.A N85°41'32W 223.70' P.O.
(TRACT 2)
(CALLED 0.888 ACRE)
yZ THE CITY OF ZOZ
ROUND ROCK
r" NO.84-178-C -t 474
as VOL.65,PG.24 O 3 QQ,,
�z D.C.R.W.C.T. $'p
S89'02'06'E 203.63'
N89'02'06"W 198.03' P.O.B. -�
(TRACT 1)
(TRACT 1)
0.09 ACRE
20'TUNNEL FOUND"X"IN
EASEMENT CENTER OF THE
ROUND ROCK
(176.81')
LEGEND: 0
S80.4949-3 6"V�
(S82-17 30'V) '!
• CAPPED IRON ROD FOUND BRUSHY CREW
COTTON SPINDLE FOUND
C IRON ROD FOUND 1/2 INCH
( ) DEED CALLS, IF ANY ' 2' 3 ' 69
D.C.R.W,C.T. DISTRICT COURT RECORDS OF WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS GRAPHIC SCALE
O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS 1"=60'
P.O.B. POINT OF BEGINNING DECEMBER 2001
P.O.C. POINT OF COMMENCEMENT WILUAMSON COUNTY, TEXAS
NOTES: BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83 TEXAS CENTRAL ZONE)
DRAWING to ACCOMPANY FIELDNOTE No.6358 SKETCH TO ACCOMPANY FIELD NOTES
(TRACT ONE) 0.09 ACRE TUNNEL EASEMENT
208 WILD BASIN
SURE 300 ROAD (TRACT TWO) 0.10 ACRE TEMP. CONST. EASEMENT
P.O. BOX 162690 CITY OF ROUND ROCK
AUS11�578716-2690
60
122) 3NO. 84-178—C, VOLUME 65, PAGE 24
WILLIAMSON COUNTY TEXAS
SHEET 3 OF 3