CM-2017-1374 - 5/5/2017PENDING FINAL SIGNATURE
FROM OTHER PARTY
AFFIDAVIT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
The undersi ed, Thomas H. Morrison and Denise H. Morrison, and
kt7 6 '' of the City of Round Rock, as Affiants herein who declared
to me that the following staterneAts of fact are true and correct as matters of Affiants' personal
knowledge of the real property described as follows:
Lot 50, of WHITETAIL, a subdivision in Williamson County, Texas, according to the map
or plat recorded in Cabinet C, Slides 117-122, Plat Records of Williamson County, Texas.
WHEREAS, Thomas H. Morrison and Denise H. Morrison are the owners of the above
described real property; and
WHEREAS, a Blanket waterline easement was granted to the City of Round Rock, recorded
in Volume 796, Page 941, Deed Records of Williamson County, Texas; and
WHEREAS, the BIanket waterline easement was never utilized and the water line was never
constructed.
NOW, THEREFORE, the undersigned agree that the said Blanket waterline easement shall
be set aside and held for naught.
This affidavit is made to Stewart Title of Austin, LLC as an inducement to said Stewart Title
of Austin, LLC to issue a policy of title insurance regarding the subject property, and we realize that
Stewart Title of Austin, LLC are relying upon the representations contained herein; and Affiants do
hereby swear on the basis of personal knowledge and upon and under the penalties of perjury that the
foregoing information is true and correct in all respects".
EXECUTED this day May, of M 2017
Thomas H. Morrison Denise H. Morrison
SWORN TO AND SUBSCRIBED before me on this day ofMay, 2017 by Thomas H.
Morrison.
-
It
1
NOTARY PUBLIC, STATE OF TEXAS
SWORN TO AND SUBSCRIBED before me on this
Morrison.
THE STATE OF TEXAS
COUNTY OF
day of May, 2017 by Denise H.
NOTARY PUBLIC, STATE OF TEXAS
The foregoing instrument was acknowledged before me on this the day of May, 2017,
by Thomas H. Morrison and Denise H. Morrison.
NOTARY PUBLIC, STATE OF TEXAS
Agreed to and accepted:
City of Round Rock, Texas
By
Name: duh � 46
Title: YY! a-*� ,
SWORN TO AND SUBSCRIBED before me on this ` ' day of May, 2017 by
�1 lt as .. L. 4e 1 of the City of
Round Rock, Texas.
2
THE STATE OF TEXAS
COUNTY OF
The foregoing instrument was acknowledged before me on this the S; day of May, 2017,
by L. v, & 11r.,t 1r c,, , as C; �.. AA,I%.%,-,r of the City of Round Rock,
Texas.
g 'Fsy TARA C. AMBROSE
i•; •: MY COMMISSION EXPIRES NOTARY PUBLIC, STATE OF TEXAS
'Y My 22 WS
s THE STATE OF TEXAS t YDL 1vDNCE�`t!
I COUM OF WILLMON t 3057
r EASEMENT
This easement made this the %rU day of . 1976.
between Tann E. Nelson, Jr.. Trustee, hereinafter called "Gran r," and the City
of Round Rock. Williamson County, Texas. hereinafter celled "Grantee.' in .
! consideration of Ten Dollars (;ld.00) and other valuable considerations. the
receipt of which is hereby acknowledged.
WITHESSM,
That Grantor hereby grants to Grantee, subject to the conditions hereinafter
contained and the liens which encumber the property as of the date which such
easement is granted, (1) the right to construct and maintain a potable water line
upon and across that certain parcel of land consisting of approximately 358.656
acres situated in Williamson County. which tract is described in Volume 558.
page 273. Williamson County Deed Records. and (2) a 1.0 acre tract located on the
highest point of the southwest corner of the tract. which site sha)l be suitable
for construction of a potable water supply reservoir.
CONDITIONS:
1. Grantor and Grantee acknowledge and agree that the easement will run
in a north -south direction and will be located along the western boundary of the
tract to a point where such easement can be connected to a sixty foot (60') easement
which is located on the eastern boundary of Whitetail Subdivision. which subdivision
Is described in Volume 10, page 19.24. Williamson County Plat Records.
2. If prior to the time Grantee begins construction of the potable water
line, Grantor, his heirs or assigns. has dedicatedya public right-of-way. such as
a utility easement or a road easement, or both. which is located generally along
the western boundary of the tract upon which the potable water line can reasonably
be constructed. Grantee shall construct the line in such previously dedicated
public right-of-wey and all rights herein granted to Grantee shall lapse and become
void. If requested to do so by Grantor. Grantee will from time to time execute
such releases of this agreement as emy be necessary to evidence the termination
of this agreement as to such previously dedicated easements or right-of-way.
!iT'i.t:rii.r'n.�•.rvw,...r.'y'v'w,n�q.. w.-ti+c�"..�-/nom.' r.'Mr__-w�a: '�+�.'�e [`; Je'r.. '.�,'r _ ':""40
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j 3. If the public right-of-way referenced in condition 2 herein does.
not exist when Grantee is ready to begin construction of the potable `rater line.
Grantee shall notify Grantor of its intent to begin construction. Grantor shall
i !
have 50 days from the date of receipt of such notice in which to either:
�f A. Filea plat for recordation which describes a public y
right-of-way along which the potable water line can be
�i constructed; or
B. Provide Grantee with a metes and bounds description of
a public right-of-way along which the potable water line
�€ can be constructed, which right-of-way my also be used for �
s� a public road. so long as such use does not interfere with
Grantee's right to operate and maintain a potable water line.
4. Grantee shall sell potable water from the line to Grantor, his heirs
S� or assigns, upon the written request of Grantor, his heirs or•assigns. so long as:
A. Grantor takes the water under the same rate, teras. and
#4 conditions then existing for the sale of water outside
;� Grantee's Corporate Limits;
B. Any tract of less than 5.0 acres shall be served by a
sanitary sewerage systm and not a septic tank system;
'• provided, however. Grantor, his heirs or assigns, shall
;a
j have a right to provide water from the potable water line
to any tract served by a septic tank system if such tract
is 5.0 acres or more; and,.
C. Grantor bears the entire cost of taps, motors. and all
ancillary equipment necessary to receive the water.
S. The rights herein granted to Grantee shall lapse and became void if
the construction of the potable water line is not comwced within five (5) years
from this date.
lam L. Mels0kar.07be i
.. °" ` •� - - • .-. •,_ vF x. _. r ,. �� � .ri .r- .rte ._ -
M
THE STATE OF TETAS [ VOL 7,036a 943
COUNTY OF TRAVIS
BEFORE HE. the undersigned authority, on this day personally appeared
TOM E. NELSON, JR., TRUSTEE, known to we to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to awe that he executed the same for-
the
opthe purposes and considerations therein expressed and in the capacity therein
stated.
GIVEN UNDER MY NAND AND SEAL OF OFFICE this day of ,
A �• a I ; a .Notary PuVic, Iravis county, axes
Tl1E STATE OF TEM l
Ceaery of W11110,0604I I. hole, N. Boydstpn, Ctc 1* o3tbe County Cant or nid Cbunty, do hemby ah
Ilk thu the (among lodnunot In wrhhws. wkh he b; lifkate of autlierilleatlan, wa flied For weeord 1. my M. oa
1% 22 th day of KAY A. D: 19—Q 2— ..K, y a•dock p K. and dear marled ML
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the., 2Atb dry of KaX A.D. 19-0— 150 4aviod"AL—M.,tnthe�
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Y - _.=arsald Cuunty.ln Vol- 226 rp_� 1
WITNFSS MY HAND and salor the Cannty ��se of uhf dprmy, o arnee In Geeraetown. Tans, the dale p
Is" above nen. r. t t ' `
JAMES N. BOTUMN. CLERK.
ByDeoWy County Cour. VPaaantson County. Tem I
City of Round Rock
j1R,O",5UND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Affidavit regarding waterline easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/5/2017
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: 00377635.PDF, 00377633.PDF
Department: Legal Department
Text of Legislative File CM -2017-1374
Consider executing an Affidavit regarding waterline easement.
City of Round Rack Page f Pdnted on 5/112047