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R-02-01-24-9C6 - 1/24/2002 RESOLUTION NO. R-02-01-24-9C6 WHEREAS, the City desires to convey a wastewater easement to the Lower Colorado River Authority on a 0 . 17 acre tract of land, a 0 . 25 acre tract of land, and a 0 . 23 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 Wastewater Line and Right-of-Way and Access Easement 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 Ja ary, 2 02 . RO A. STLUKA, JR. Mayor AT ��- City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre ry ::ODMA\WORLDOX\O.\WDOX\RSSOLUTI\R20124C6.WPD/sC 0 WASTEWATER LINE AND RIGHT-OF-WAY AND ACCESS EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § DATE: ,2002 GRANTOR: THE 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. WASTEWATER LINE EASEMENT PROPERTY: A tract of land consisting of 0.17 acre,more or less, more particularly described in the attached Exhibit A attached hereto and incorporated herein for all purposes. TEMPORARY CONSTRUCTION EASEMENT PROPERTY: A tract of land consisting of 0.25 and 0.08 acre, more or less, more particularly described in the attached Exhibit A attached hereto and incorporated herein for all purposes. ACCESS EASEMENT PROPERTY: A tract of land consisting of 0.23 acre, more or less, more particularly described in the attached Exhibit B attached hereto and incorporated herein for all purposes. The Wastewater Line Easement Property,the Temporary Construction Easement and the Access Easement Property are together referred to herein as the EASEMENT PROPERTY. PROJECT: Wastewater lines and all necessary or desirable appurtenances thereto including, without limitation,cleanouts,valves,meters,manholes,communication lines and related facilities. GRANTOR,for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEE an easement and right-of-way in,upon,and under,over and across the WASTEWATER LINE 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.GRANTEE shall have the right of ingress and egress at all V3(Brushy Creek K20&21) 1 EXHIBIT An times upon and across the WASTEWATER LINE EASEMENT PROPERTY for the above stated purposes. 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 diameterlocated 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 an access easement in, upon, over and across the ACCESS EASEMENT PROPERTY for the purpose of providing pedestrian and vehicular ingress and egress from the WASTEWATER LINE EASEMENT PROPERTY and the TEMPORARY CONSTRUCTION EASEMENT PROPERTY. GRANTOR shall maintain and keep the ACCESS EASEMENT PROPERTY in good repair at all times at no cost or expense to GRANTEE. GRANTEE shall have the right to install and maintain appropriate gates along and in any fence,as necessary or appropriate for the exercise of GRANTEE'S right of ingress and egress on the EASEMENT PROPERTY. 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. GRANTEE shall have the right to conduct surveys,archeological,historical,geotechnical,environmental and other studies on the EASEMENT PROPERTY. GRANTOR, its successors or assigns, shall not place or store any material upon,or cover,bury,pave over,or otherwise obstruct,any clean out,valve,meter,or manhole located within the WASTEWATER LINE EASEMENT PROPERTY. GRANTOR shall not be permitted to plant trees or shrubs of any kind within the boundaries of the EASEMENT PROPERTY. 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 shall have the right to use the surface of the EASEMENT PROPERTY,so long as such use does not interfere with the PROJECT. GRANTEE agrees that upon completion of construction,all surplus excavation,debris,trash,or litter resulting from.construction shall be cleaned up and disposed of off the premises. GRANTEE at all times after completing any work in connection with the construction will restore the surface of the EASEMENT PROPERTY, as nearly as possible,to the condition in which said property was found immediately before V3(Brushy Creek K20&21) 2 such work was undertaken;however,GRANTOR understands and agrees that vegetation cleared from said property will not be replaced. It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the initial construction and ordinary operation and maintenance of the PROJECT but does not include damages,if any,to GRANTOR'S remainder property which may occur in the future after the original construction of the PROJECT, directly resulting from the reconstruction or repair of the PROJECT. GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear of trees, undergrowth, brush, structures, or other obstructions. All parts of the PROJECT installed on the WASTEWATER LINE EASEMENT PROPERTY shall remain the exclusive property of GRANTEE. 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. 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: THE CITY OF ROUND ROCK,TEXAS, A home rule municipality By: Name: Title: V3(Brushy Creek K20&21) 3 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § Before me, the undersigned Notary Public of the State of Texas, on this day personally appeared ,as of THE CITY OF ROUND ROCK,TEXAS, a home rule municipality and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, on behalf of such home rule municipality. Given under my hand and seal of office this day of , 2002. [SEAL] 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: 24A V3(Brushy Creek K20&21) 4 XHIBITA aqe ( 0.17 ACRE WASTEWATER LINE EASEMENT F.N. O.621 3 8(MDD) 0.25 ACRE TEMPORARY CONSTRUCTION EASEMENT NOVEMBER 28,2001 0.08 ACRE TEMPORARY CONSTRUCTION EASEMENT PBS&J JOB NO.440816.00 CITY OF ROUND ROCK,TRACT TWO,1.962 ACRES L.C.R.A.PROPERTY LIST#24-A EXHIBIT"A" DESCRIPTION OF A 0.17 ACRE TRACT OR PARCEL OF LAND BEING TWENTY(20) FEET IN WIDTH,SITUATED WITHIN THE JACOB M.HARRELL SURVEY,ABSTRACT NO.284,SAME BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TRACT TWO,1.962 ACRES CONVEYED TO THE CITY OF ROUND ROCK IN A CASH WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2001032405 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS,OF WHICH THE DESCRIPTION OF SAID TRACT TWO NOT BEING ATTACHED TO SAID DOCUMENT NO. 2001032405 BUT BEING FOUND ATTACHED TO A TEMPORARY CONSTRUCTION EASEMENT FROM THE CITY OF ROUND ROCK TO L.C.R.A.OF RECORD IN DOCUMENT NO.2001064000 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS. 0.17 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for reference at a 1/2 inch iron rod with cap found for the northwest corner of said Tract Two,being also at the southwest corner of that certain tract of land called Tract One,1.543 acres in deed to the City of Round Rock of record in Document Number 2001032405 of the Official Records of Williamson County,Texas and in the east line of a tract of land conveyed to Lupe Corona of record in Volume 495,Page 474 of the Deed Records of Williamson County,Texas; THENCE, S 14° 55'28" E,with the westerly line of said Tract Two and the easterly line of said Lupe Corona tract a distance of 178.13 feet to the POINT OF BEGINNING and the northwest corner of the herein described easement; THENCE,departing the west line of said Tract Two,over and across said Tract Two,the following three (3)courses: 1. N 68°29'26"E,a distance of 52.42 feet, 2. N 61°54'43"E,a distance of 89.03 feet,and 3. S 89°02'06"E,a distance of 217.67 feet to the northeast corner of the herein described tract, being also in the easterly line of said Tract Two and the westerly right of way line of the Union Pacific Railroad,of record in Volume 72,Page 254 of the Deed Records of Williamson County, Texas; THENCE,S 201 03'26"E,with the easterly line of said Tract Two and the westerly right of way line of said Union Pacific Railroad,a distance of 21.43 feet; THENCE,departing the easterly line of said Tract Two and the westerly right of way line of said Union Pacific Railroad,over and across said Tract Two the following three(3)courses: 1. N 89°02'06"W,a distance of 220.18 feet, 2. S 61'54'43"W,a distance of 84.99 feet and 3. S 680 29'26"W,a distance of 55.88 feet to the southwest corner of the herein described tract, being also the westerly line of said Tract Two,from which an iron rod found with cap bears S 14° 55'28"E a distance of 4.51 feet; THENCE,N 14°55'28"W,with the westerly line of said Tract Two a distance of 20.13 feet to the POINT OF BEGINNING of the herein described easement,and containing 0.17 acre of land. Survey Sketch accompanies and is a part of this description. LCRA ACAD FILE:LCRAW024-0024A.DWG LCRA WORD FILE:LCRAW024-0024A.DOC SHEET 1 OF 3 EXHIBIT A 0.17 ACRE WASTEWATER LINE EASEMENTPd a% 3 F.N. O.6298(MDD) 0.25 ACRE TEMPORARY CONSTRUCTION EASEMENT NOVEMBER 28,2001 0.08 ACRE TEMPORARY CONSTRUCTION EASEMENT PBS&J JOB NO.440816.00 CITY OF ROUND ROCK,TRACT TWO, 1.962 ACRES L.C.R.A. PROPERTY LIST#24-A TOGETHER WITH a temporary 30.00 foot construction easement lying parallel and adjacent to the north line herein,and with a temporary 10.00 foot construction easement lying parallel and adjacent to the south line herein. THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS } That I,Ray D.Weger,a Registered Professional Land Surveyor,do herebycertify 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,Texas this the 28'"d ber 2001 A.D. OF F PBS&J Co .............. . 206 Wild Basin Road Wei Ray D. ger .°.�•4711 Suite 300 �< .. Register Professional Land Su r.o o?•�O Austin,Texas 78746 FEss�,. ; No. 4711 -State of Texas Q_'...... LCRA ACAD FILE: LCRAWO24-OO24A.DWG LCRA WORD FILE:LCRAWO24-OO24A.DOC SHEET 2 OF 3 EXHIBIT'N L.C.R.A.PROPERTY LIST#24A L.C.R.A.ACAD FILE:LCRAW024-0024A.DWG EXHIBIT A EMM pa e* 3 of 3 �q q eM y cR,��< S CIN OF ROUND ROCK GLADYS DAILY t/O TRACT ONE DOC.NO.19 �/Q� 1.543 Acres 9970749 O.R.W.C.T. '28 DOC.#2001032405 g y D.R.W.C.T. CEDAR VDST - FOUND POINT OF COMMENCEMENT2 w °'ped CIN OF ROUND ROCK 33 ks,75 0524 w TRACT TWO ag'0 LUPE CORONA 4 1.962 Acres Pi + DJLW.C.T. IRON ROD DOC.#2001032405 FOUND w/CAR D.R.W.C.T. 0 o b 0 v+ 0.25 ACRE m, 30'TEMPORARY - to �-v+ CONSTRUCTION "D>, EASEMENT CORONA SUBD. CAB,I,SLD.214 `'w W, � 0.17 ACRE P.R.W.C.,TX. 20'WASTEWATER N 17.67' LINE EASEMENT FN J N IRON ROD POINT OFN eA9%— Nee'0206 W 220.1a FOUNDWrAF BEGINNING 0.09 ACRE IWTEMPORARY LOT 1 a `'5 /�5p84'01'0' CONSTRUCTION AND RE ECORONA YFLCORONA IRON ROD .36 &5;?', - 4��� 5�8��08eSEMENi N76�63t"E VOL1099,PG.630 FOS W'tAP 4.51' 141 D.R.W.C.T. C/�FF 11068 k 2 N LINE TABLE LINE LENGTH BEARING L1 52.42 N68.29'26'E L2 21.43 S20.03'26'E L3 55.88 S68.29'26'W L4 20.13 N]4.55'28'W LEGEND: 9D, • IRON ROD FOUND 1/2" GRAPa1C SCALE .R.W.C.T. DEED RECORDS OF -WILLIAMSON COUNTY, TEXAS SCALE: 1" = so, .R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS NOVEMBER 2001 DEED CALLS, IF ANY WIUJAMSON COUNTY, TEXAS VOTES: 1. BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83 TEXAS CENTRAL ZONE) 2. THE WARRANTY DEED ON THE SUBJECT TRACT DOCUMENT #2001032405 DOES NOT HAVE A DESCRIPTION OF THE PROPERTY ATTACHED, HOWEVER THERE WAS A TEMPORARY CONSTRUCTION EASEMENT CONVEYED TO L.C.R.A. FROM THE CITY OF ROUND ROCK IN DOCUMENT #2001064000 WITH A DESCRIPTION OF THE SUBJECT TRACT. ;AWING to ACCOMPANY FIELDNOTE No.6298 SKETCH TO ACCOMPANY FIELD NOTES 209 wlLo BASINROAn 0.17 ACRE WASTEWATER LINE EASEMENT SUITE3000.25 ACRE & 0.08 ACRE TEMPORARY CONSTRUCTION EASEMENT Aus�ii TDIAS 162690 CITY TRACT TWO, 1.96210 962 ROCK (512) 3278. DOCUMENT #2001032405 WILLIAMSON COUNTYTEXAS SHEET 3 OF 3 EXHIBIT B , 0.23 ACRE ACCESS EASEMENT Paz7c 166 a' CITY OF ROUND ROCK,TRACT ONE,1.543 ACRES F.N.N0. , AUGUSSTT 10,2001 CITY OF ROUND ROCK,TRACT TWO,1.962 ACRES 1 L.C.R.A.PROPERTY LIST#24-A PBS&J JOB N0.4408116.06.0 0 DESCRIPTION OF A 0.23 ACRE TRACT OR PARCEL OF LAND,SITUATED WITHIN THE JACOB M. HARRELL SURVEY,ABSTRACT NO.284,SAME BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TRACT ONE,1.543 ACRES AND TRACT TWO,1.962 ACRES IN DEED TO THE CITY OF ROUND ROCK OF RECORD IN DOCUMENT NO.2001032405 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, 0.23 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with cap found for the most northerly northeast corner of said Tract One,being also at the northwest corner of that certain tract of land conveyed to Mike Abila of record in Volume 314,Page 577 of the Deed Records of Williamson County,Texas,being also in the southerly right of way line of Emmanuel Street(50 foot width); THENCE,S 190 54'04"E,departing the southerly right of way line of said Emmanuel Street,along the easterly line of said Tract One,a distance of 160.01 feet to an iron rod found with cap at an interior ell corner of said Tract One; THENCE,departing the easterly.line of said Tract One,over and across said Tracts One and Two,the following ten(10)courses: I. S 19°54'04"E,a distance of 214.25 feet, 2. S 09°12'30"W,a distance of 76.60 feet, 3. N 89°02'06"W,a distance of 15.00 feet, 4. N 071 12'53"W,a distance of 83.92 feet, 5. N 110 45'33"W,a distance of 111.19 feet 6. N 221 34'59"W,a distance of 72.63 feet, 7. N 751 58'21*W,a distance of 11.99 feet, 8. N 230 38'39"W,a distance of 31.22 feet, 9. N 05°55'02"E,a distance of 31.37 feet and 10. N 15°06'35"W,a distance of 105.63 feet to the north line of said Tract One,being also the southerly right of way line of said Emmanuel Street; THENCE,N 700 05'11"E along the north line of said Tract One and the southerly right of way line of said Emmanuel Street, a distance of 10.00 feet to the POINT OF BEGINNING of the herein described easement and containing 0.23 acres 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.Wager,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 July,2001 under my supervision. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 10th day of August, 2001 A.D. PBS&J OF 206 Wild Basin Road Ray ge �,� Suite 300 Fti Ro. stere4711 Professional nd «».....«----- « Austin,Texas 78746 No. 4711 -State of Texas ay D. WNE— ��, 4711����.Q 9%.ORess%o.�'�� �• 8UF�`l� L.C.R.A. PROPERTY LIST #24—A POINT OF EXHIBITBEGINNING 0.23 ACRE B I I ACCESS EASEMENT Paty- a, s�RE ICY 00 � o IRON RDD FOUND W/GAP �j N` Qe J� ,p, y5 N I O� �, q moo = o Aq� R o v yds GRAPHIC SCALE .ST �C/ o SCALE: 1" = 80' N AUGUST, 2001 NQ 2�R ` WILLIAMSON COUNTY, TEXAS � pa GLADYS DAILY N r DOC. / 799970749 f N D.R.W.C.T. CITY OF ROUND ROCK TRACT ONEOI- ..:::;\ 1.543 Acres N DOC. # 2001032405 N N CEDAR 7 Y V- '::: N 0.R.W.C.T. .. my.\o 329�A � Z.NN � 5j50S 24W > U, G Z NORA CORONA °' S'A•081 w ywj0' > o 90 VOL. 495 PC.474 .,N t.. "N CITY OF ROUND ROCK "4a D.R.W.C.T. > 528 :. `r IRON ROD �^- TRACT TWO FOUND W/[AP 1 -� 1.962 Acres �Ny DOC. # 2001032405 U, 'f0 D.R. o, yo 5/B'IRON RDD W.C.T. J O Fq N0 W- \4. 3 r o N 5 rn, I-. N N m J U cv 3 N LT 20' WASTEWATER — LINE EASEMENT �- U LOT 1 IRON ROD JOHNNY R. CORONA m � FOUND W/CAP AND IRENE CORONA " f VOL. PC. 630 N / D.R.W.C.T. N J IRON ROD 5304 \41.61 q 44.97' '1'653 4 FOUND W/CAP W � 9' 1' \, cc W 110-66 N / CREEI>' Sj6p359 r i N LINE TABLE LINE LENGTH BEARING L1 15.00 N89 02'06'W L2 11.99 1 N75.58'21'W L3 3122 N23.38'39V L4 31.37 NOS•55'02'E 15 10.00 N70.05'11'E LEGEND: • IRON ROD FOUND 1/2" U IRON PIPE FOUND D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS ( ) DEED CALLS, IF ANY NOTES: BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83) DRAWING to ACCOMPANY FIELDNOTE No.6299 SKETCH TO ACCOMPANY FIELD NOTES 206 WILD BASIN ROAD CITY OF ROUNDACRE ROCK,4 TRACT ONE,M1 543 ACRES -] SUITE 300 CITY OF ROUND ROCK, TRACT TWO, 1.962 ACRES P.O. eox.76z690 AUSTIN. 2) 3 -68402690 OUT OF THE JACOB M. HARREL SURVEY (s12) 727-6810 ABSTRACT NO. 284 WILLIAMSON COUNTY TEXAS DATE: January 17, 2002 SUBJECT: City Council Meeting—January 24, 2002 ITEM: *9.C.6. Consider a resolution authorizing the Mayor to execute a Wastewater Line and Right-of-Way and Access Easement on a 0.17 acre tract of land, a 0.25 acre tract of and, and a 0.23 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 WASTEWATER LINE AND RIGHT-OF-WAY 00u,A�-' AND ACCESS EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § DATE: JONUAQI c2 52002 GRANTOR: THE 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. WASTEWATER LINE EASEMENT PROPERTY: A tract of land consisting of0.17 acre,more or less, more particularly described in the attached Exhibit A attached hereto and incorporated herein for all purposes. TEMPORARY CONSTRUCTION EASEMENT PROPERTY: A tract of land consisting of 0.25 and 0.08 acre, more or less, more particularly described in the attached Exhibit A attached hereto and incorporated herein for all purposes. ACCESS EASEMENT PROPERTY: A tract of land consisting of 0.23 acre, more or less, more particularly described in the attached Exhibit B attached hereto and incorporated herein for all purposes. The Wastewater Line Easement Property,the Temporary Construction Easement and the Access Easement Property are together referred to herein as the EASEMENT PROPERTY. PROJECT: Wastewater lines and all necessary or desirable appurtenances thereto including, without limitation,cleanouts,valves,meters,manholes,communication lines and related facilities. GRANTOR, for the CONSIDERATION paid to GRANTOR,hereby grants, sells, and conveys to GRANTEE an easement and right-of-way in,upon,and under,over and across the WASTEWATER LINE 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. GRANTEE shall have the right of ingress and egress at all V3(Brushy Creek K20&21) 1 times upon and across the WASTEWATER LINE EASEMENT PROPERTY for the above stated purposes. GRANTOR also grants to GRANDE 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 diameterlocated 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 an access easement in,upon, over and across the ACCESS EASEMENT PROPERTY for the purpose of providing pedestrian and vehicular ingress and egress from the WASTEWATER LINE EASEMENT PROPERTY and the TEMPORARY CONSTRUCTION EASEMENT PROPERTY. GRANTOR shall maintain and keep the ACCESS EASEMENT PROPERTY in good repair at all times at no cost or expense to GRANTEE. GRANTEE shall have the right to install and maintain appropriate gates along and in any fence,as necessary or appropriate for the exercise of GRANTEE'S right of ingress and egress on the EASEMENT PROPERTY. 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. GRANTEE shall have the right to conduct surveys, archeological,historical,geotechnical,environmental and other studies on the EASEMENT PROPERTY. GRANTOR, its successors or assigns, shall not place or store any material upon,or cover,bury,pave over,or otherwise obstruct,any clean out,valve,meter, or manhole located within the WASTEWATER LINE EASEMENT PROPERTY. GRANTOR shall not be permitted to plant trees or shrubs of any kind within the boundaries of the EASEMENT PROPERTY. 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 unpenmitted 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 shall have the right to use the surface of the EASEMENT PROPERTY,so long as such use does not interfere with the PROJECT. GRANTEE agrees that upon completion of construction,all surplus excavation,debris,trash,or litter resulting from construction shall be cleaned up and disposed of off the premises. GRANTEE at all times after completing any work in connection with the construction will restore the surface of the EASEMENT PROPERTY, as nearly as possible, to the condition in which said property was found immediately before V3(Brushy Creek K20&21) 2 such work was undertaken;however,GRANTOR understands and agrees that vegetation cleared from said property will not be replaced. It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the initial construction and ordinary operation and maintenance of the PROJECT but does not include damages,if any,to GRANTOR'S remainder property which may occur in the future after the original construction of the PROJECT, directly resulting from the reconstruction or repair of the PROJECT. GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear of trees, undergrowth, brush, structures, or other obstructions. All parts of the PROJECT installed on the WASTEWATER LINE EASEMENT PROPERTY shall remain the exclusive property of GRANTEE. 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. 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: THE CITY OF ROUND ROCK,TEXAS, A homunicipality Name: /th/ �7 H .uK�f �l� Title: V3(Brushy Creek K20&21) 3 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § Before me, the undersigned Notary Public of the State of Texas, on this day personally appeared &&9T A. 0-FLU . JR.,as /y1*4 of THE CITY OF ROUND ROCK,TEXAS, a home rule municipality and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, on behalf of such home rule municipality. Given under my hand and seal of office this d T day of RA)uRle , 2002. [SEAL] Co.: CHRISTINE R.NUWITNQ Notary Public, State of Texas MY COMMISSION EXPIRES ?� 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: 24A V3(Brushy Creek K20&21) 4 axHIBITA 0.17 ACRE WASTEWATER LINE EASEMENT Ne 1 6j 3 0.25 ACRE TEMPORARY CONSTRUCTION EASEMENT NOVEMBER R 8 , 2001 0.08 ACRE TEMPORARY CONSTRUCTION EASEMENT NOVEMBER 0 6.01 CITY OF ROUND ROCK, TRACT TWO, 1.962 ACRES PBS&J JOB N0. 440816.00 L.C.R.A. PROPERTY LIST#24-A EXHIBIT"A" DESCRIPTION OF A 0.17 ACRE TRACT OR PARCEL OF LAND BEING TWENTY (20) FEET IN WIDTH,SITUATED WITHIN THE JACOB M. HARRELL SURVEY,ABSTRACT NO.284,SAME BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TRACT TWO,1.962 ACRES CONVEYED TO THE CITY OF ROUND ROCK IN A CASH WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2001032405 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS,OF WHICH THE DESCRIPTION OF SAID TRACT TWO NOT BEING ATTACHED TO SAID DOCUMENT NO. 2001032405 BUT BEING FOUND ATTACHED TO A TEMPORARY CONSTRUCTION EASEMENT FROM THE CITY OF ROUND ROCK TO L.C.R.A. OF RECORD IN DOCUMENT NO.2001064000 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS. 0.17 ACRE TRACTOR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for reference at a 1/2 inch iron rod with cap found for the northwest corner of said Tract Two,being also at the southwest corner of that certain tract of land called Tract One, 1.543 acres in deed to the City of Round Rock of record in Document Number 2001032405 of the Official Records of Williamson County, Texas and in the east line of a tract of land conveyed to Lupe Corona of record in Volume 495, Page 474 of the Deed Records of Williamson County, Texas; THENCE, S 140 55' 28" E, with the westerly line of said Tract Two and the easterly line of said Lupe Corona tract a distance of 178.13 feet to the POINT OF BEGINNING and the northwest corner of the herein described easement; THENCE, departing the west line of said Tract Two, over and across said Tract Two, the following three (3) courses: 1. N 680 29' 26" E, a distance of 52.42 feet, 2. N 610 54' 43" E, a distance of 89.03 feet, and 3. S 890 02' 06" E, a distance of 217.67 feet to the northeast corner of the herein described tract, being also in the easterly line of said Tract Two and the westerly right of way line of the Union Pacific Railroad, of record in Volume 72, Page 254 of the Deed Records of Williamson County, Texas; THENCE, S 200 03' 26" E, with the easterly line of said Tract Two and the westerly right of way line of said Union Pacific Railroad, a distance of 21.43 feet; THENCE, departing the easterly line of said Tract Two and the westerly right of way line of said Union Pacific Railroad, over and across said Tract Two the following three (3) courses: 1. N 890 02' 06"W, a distance of 220.18 feet, 2. S 610 54' 43"W, a distance of 84.99 feet and 3. S 680 29'26"W, a distance of 55.88 feet to the southwest corner of the herein described tract, being also the westerly line of said Tract Two,from which an iron rod found with cap bears S 140 55' 28" E a distance of 4.51 feet; THENCE, N 140 55'28"W,with the westerly line of said Tract Two a distance of 20.13 feet to the POINT OF BEGINNING of the herein described easement, and containing 0.17 acre of land. Survey Sketch accompanies and is a part of this description. LCRA ACAD FILE: LCRAWO24-OO24A.DWG LCRA WORD FILE: LCRAWO24-OO24A.DOC SHEET 1 OF 3 EXHIBIT A 0.17 ACRE WASTEWATER LINE EASEMENT �h. a°� 30.25 ACRE TEMPORARY CONSTRUCTION EASEMENT F6298 (MDD) 0.08 ACRE TEMPORARY CONSTRUCTION EASEMENTNOVEMBER 28, 2001 CITY OF ROUND ROCK, TRACT TWO, 1.962 ACRES PBS&J JOB NO. 440816.00 L.C.R.A. PROPERTY LIST 924-A TOGETHER WITH a temporary 30.00 foot construction easement lying parallel and adjacent to the north line herein, and with a temporary 10.00 foot construction easement lying parallel and adjacent to the south line herein. 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 surrey made on the ground during April 2001 under my supervision. WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 28'h d 2001 A.D. Ober . .� ... ST F T f A�•'fes G�;Q o;N PBS&J 206 Wild Basin Road Ray D. ger Suite 300 Register Professional Land Su �r 0 Ess,0'Po Austin, Texas 78746 No. 4711 - State of Texas Q'•••••••••�Fy LCRA ACAD FILE: LCRAW024-0024A.DWG LCRA WORD FILE: LCRAW024-0024A.DOC SHEET 2 OF 3 EXHIBIT'A' L.C.R.A. PROPERTY LIST#24-A L.C.R.A.ACAD FILE:LCRAW024-0024A.DWG EXHIBIT A Sot,PNv 3 srRA/1 '�R S� CITY TRFARO ONE ROCK GLADYS DAILY V DOC.NO.199970749 6 �$ �v� 1.543 Acres O.R.W.C.T. DOC.#2001032405 D.R.W.C.T. CEDAR POST FOUND POINT OF COMMENCEMENT z 33 ,09� O `S,Sop524 w 9�4 CITY TROCK TRACT TWO o 9 �5 LUPE CORONA 1.962 Acres VOL.498,PG,ala DOC.#2001032405 '° D.R.W.C.T. IRON R00 FOUND W/CAP D.R.W.C.T. N N0, W. 0.25 ACRE ak 30'TEMPORARY rn CONSTRUCTION �? EASEMENT 6 CORONA SUBD. •10 CAB. I, SLD.214 u"w!� 9 �— ' P.R.W.C.,TX. 0.17 ACRE w 20'WASTEWATER 7pN N / o� 'Q 17,s7LINE EASEMENT v � POINT OFN89'02 06 W 220.1$ N IRONROD DW/D WCAP BEGINNING �1 Seg 5�/ 0.08 ACRE S84•01'00,,E 10'TEMPORARY LOT 1 P L3 n 44 97, S CONSTRUCTION JOHNNY R.CORONA p5'S9"� � R yY �. EASEMENT AND ARCORONA � T IRON E FOUND 6.1631 VOL1099,PG, . D.R.W.C.T. CRF 110,58. r ` k U` LINE TABLE LINE LENGTH BEARING LI 52,42 N68.29'26'E L2 21.43 S20.03'26'E L3 55.88 S68.29'26'W L4 20.13 N14.551281W LEGEND: 8 ' • IRON ROD FOUND 1/2" GRAPHIC SCALE D.R.W.C.T. DEED RECORDS OF -WILLIAMSON COUNTY, TEXAS SCALE: 1" = 80' P.R.W.C.T, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS NOVEMBER 2001 ( ) DEED CALLS, IF ANY WILLIAMSON COUNTY, TEXAS NOTES: 1. BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83 TEXAS CENTRAL ZONE) 2. THE WARRANTY DEED ON THE SUBJECT TRACT DOCUMENT #2001032405 DOES NOT HAVE A DESCRIPTION OF THE PROPERTY ATTACHED, HOWEVER THERE WAS A TEMPORARY CONSTRUCTION EASEMENT CONVEYED TO L.C.R.A. FROM THE CITY OF ROUND ROCK IN DOCUMENT #2001064000 WITH A DESCRIPTION OF THE SUBJECT TRACT. DRAWING to ACCOMPANY FIELDNOTE No.6298 SKETCH TO ACCOMPANY FIELD NOTES Zoe WILD BASIN ROAD 0.17 ACRE WASTEWATER LINE EASEMENT SUITE 300 0.25 ACRE & 0.08 ACRE TEMPORARY CONSTRUCTION EASEMENT AUSTIN TEMS BOX 178718-2890 TRACT TWO,ROUND ACRES (312) 327-6840 DOCUMENT2001032405 WILLIAMSON COUNTY TEXAS SHEET 3 OF 3 EXHIBIT B 0.23 ACRE ACCESS EASEMENT Pic 146 a. CITY OF ROUND ROCK, TRACT ONE, 1.543 ACRES F.N. NO. 6299 (MDD) CITY OF ROUND ROCK, TRACT TWO, 1.962 ACRESAUGUST 10, 2001 L.C.R.A. PROPERTY LIST#24-A PBS&J JOB NO. 440816.00 DESCRIPTION OF A 0.23 ACRE TRACT OR PARCEL OF LAND,SITUATED WITHIN THE JACOB M. HARRELL SURVEY,ABSTRACT NO.284,SAME BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TRACT ONE, 1.543 ACRES AND TRACT TWO, 1.962 ACRES IN DEED TO THE CITY OF ROUND ROCK OF RECORD IN DOCUMENT NO.2001032405 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, 0.23 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with cap found for the most northerly northeast corner of said Tract One, being also at the northwest corner of that certain tract of land conveyed to Mike Abila of record in Volume 314, Page 577 of the Deed Records of Williamson County, Texas, being also in the southerly right of way line of Emmanuel Street (50 foot width); THENCE, S 190 54'04" E, departing the southerly right of way line of said Emmanuel Street, along the easterly line of said Tract One, a distance of 160.01 feet to an iron rod found with cap at an interior ell corner of said Tract One; THENCE, departing the easterly line of said Tract One, over and across said Tracts One and T , following ten (10) courses: wothe 1. S 190 54'04" E, a distance of 214.25 feet, 2. S 090 12' 30"W, a distance of 76.60 feet, 3. N 890 02' 06"W, a distance of 15.00 feet, 4. N 070 12' 53"W, a distance of 83.92 feet, 5. N 110 45'33"W, a distance of 111.19 feet 6. N 220 34' 59" W, a distance of 72.63 feet, 7. N 750 58'21"W, a distance of 11.99 feet, 8. N 230 38' 39"W, a distance of 31.22 feet, 9. N 050 55' 02" E, a distance of 31.37 feet and 10. N 150 06' 35" W, a distance of 105.63 feet to the north line of said Tract One, being also the southerly right of way line of said Emmanuel Street; THENCE, N 700 05'11"'E along the north line of said Tract One and the southerly right of way line of said Emmanuel Street, a distance of 10.00 feet to the POINT OF BEGINNING of the herein described easement and containing 0.23 acres of land.Surrey 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 description and that the property described herein was determined by a survey made on the ground during July, 2001 under my supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 10th day of August, 2001 A.D. PB.S&J OF 206 Wild Basin Road Ray •"" F Suite 300 Registers Perofessional and S eyeq. POP.�NNN°::POP Austin, Texas 78746 No. 4711 - State of Texas ay D. Weper <ti9 4711 0'�fBS��?''�� SUM 1_.C;f .A. PROPERTYLIST #24—A POINT OF BEGINNING 0.23 ACRE ACCESS EASEMENT EXHIBIT B M ° EM N of; � A m °t' O FAD IRON ROD FOUND W/CAP - 'L 'P N Oe OLA x GRAPWCi SCALE SCALE: 1" = 8o' s AUGUST 2001 WILLIAMSON COUNTY T � ERAS N O, GLADYS DAILY DOC. g 199970749 ''• D.R.W.C.T. rn CITY OF ROUND ROCK TRACT ONE 1.543 Acres DOC. # 2001032405 N ? .D CEDAR POST 0.R.W.C.T. a FOUND � z �\ of ,5,p524'•W 329j4 y rn N N r" 5 LA NORA CORONA N cZ VOL. 495 PG.474 °rn cy r y D.R.W.C.T. A ,0428 W 330. �;NU CITY OF ROUND ROCKIRN a FOUNDW/CAP g�5 TRACT TWO IL-o" f` 1.962 Acres -ate DOC. # 2001032405 '0 5/8 FOUND ROD Z D.R,W.C.T. o va O y4. 3 'r z W, N N. j 0 20' WASTEWATER -- LINE EASEMENT Lp LOT 1 JOHNNY R. CORONA IRON ROD AND IRENE CORONAM FOUND W/CAP VOL. 1099 PG. 630 N / D.R.W.C.T. J: IRON ROD R44,g�' FOUND W/CAP W y4y 6y ass S�y5304 ��Y �940W 9Wy10.66 5.16p35 o cr, m LINE TABLE LINE LENGTH BEARING L1 15,00 N89.02'06'W L2 11,99 N75.58'21'W L3 31.22 N23.38'39'W L4 31.37 N05.55'02'E L5 10.00 N70.OS'il'E LEGEND: • IRON ROD FOUND 1/2" G IRON PIPE FOUND D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS ( ) DEED CALLS, IF ANY NOTES: BEARINGS AND DIRECTIONAL CONTROL BASED ON (NAD83) DRAWING to ACCOMPANY FIELDNOTE No.6299 SKETCH TO ACCOMPANY FIELD NOTES 208 WILD BASIN ROAD 0.23 ACRE ACCESS EASEMENT SUITE 300 CITY OF ROUND ROCK, TRACT ONE, 1.543 ACRES P.O. Box 162690 CITY OF ROUND ROCK, TRACT TWO, 1.962 ACRES AUSTIN, TEXAS 78716-2690 OUT OF THE JACOB M. HARREL SURVEY (512) 327-6840 ABSTRACT NO. 284 WILLIAMSON COUNTY TEXAS