R-01-08-23-14D1 - 8/23/2001 RESOLUTION NO. R-01-08-23-14D1
WHEREAS, the City desires to purchase a public utility easement
in and to a 0 . 246 acre tract of land for right-of-way for the CR 113
waterline project , and
WHEREAS, Camco Land, Ltd. , the owner of the property, has agreed
to sell said public utility easement to the City for $15, 000 . 00, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby authorizes the purchase of a Public
Utility Easement from Camco Land, Ltd. , for $15, 000 . 00, a copy of said
Public Utility Easement being attached hereto and incorporated herein
for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act .
RESOLVED this 23rd day of Au4ROBRT
01 .
A. STLUKA, iv, Mayor
JJO 'PLAND,
City of Round Rock, Texas
City Secretary
0:\WPDOCS\RESOLUTI\R10823D1.WPD/sc
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CAMCO LAND, Ltd. , a Texas Limited Partnership, and its
successors and assigns, hereinafter referred to as Grantor (whether
one or more) , for and in consideration of the sum of Ten and No/100
($10 . 00) Dollars cash in hand paid and other good and valuable
consideration paid to Grantor by the CITY OF ROUND ROCK, TEXAS, a
municipal corporation hereinafter referred to as Grantee, receipt
of which consideration is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these premises does hereby GRANT, SELL and
CONVEY unto Grantee a perpetual easement and right-of-way in, on,
over, upon, above and across the below-described property:
Easement Estate only in and to 0. 246 of an acre of land,
more or less, out of the George Glasscock SURVEY,
ABSTRACT No. 267, Williamson County, Texas, and being
more particularly described in Exhibit "A" attached
hereto and made a part hereof.
The perpetual easement, right-of-way, rights and privileges
herein granted shall be used for the purposes of location,
placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of
any or all public utilities, including but not limited to gas
lines, electric lines, wastewater lines, water lines, sewer lines,
stormwater lines, and drainage systems and structures, and any and
all other public utilities deemed necessary by Grantee, together
with all necessary conduits, valves, vaults, manholes, ventilators
and appurtenances .
The perpetual easement, right-of-way, rights and privileges
herein granted shall also encompass the right of Grantee to trim,
cut, fell and remove therefrom all trees, underbrush, vegetation,
and obstructions, structures or obstacles within the limits of the
right-of-way; reserving to the landowners and their heirs and
assigns, however, all such rights and privileges as may be used
without interfering with or abridging the rights and easement
herein acquired by Grantee.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement;
::ODMA\WORLDOX\O:\WDOX\CORR\TRANSPRT\CR113CON\CAMCOLAN\OTHERDOC\1006H76.WPD/jkg
(b) Grantee shall promptly backfill any trench made by it on
the Easement and repair any damage it shall do to
Grantor' s private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the
rights of ingress and egress or by any wrongful or
negligent act or omission of Grantee' s agents or
employees in the course of their employment;
(d) Grantee shall, after any construction or maintenance of
the waterlines contemplated herein, shall restore the
surface of the easement as near as possible to the
condition said surface was in prior to said construction
and maintenance.
TO HAVE AND TO HOLD the same, in perpetuity, in and to
Grantee, the City of Round Rock, Texas, and its successors and
assigns, together with all and singular all usual and customary
rights thereto in anywise belonging, and together with the right
and privilege at any and all times to enter said premises, or any
part thereof, for the purpose of constructing or maintaining said
utility lines and for making connections therewith.
And Grantor does hereby bind his heirs, executors,
administrators and assigns to WARRANT AND FOREVER DEFEND, all and
singular, the said premises unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
The perpetual easement, right-of-way, rights and privileges
granted herein are non-exclusive, provided however, Grantor
covenants that it will not convey any other easement in, over,
across or through the property described herein without first
obtaining the consent of the Grantee, which shall not be
unreasonably withheld.
2001 . EXECUTED on this the ;b-k day of the month of
GRANTOR:
CAMCO LAND, Ltd
Joca, Inc. , General Partner
By:
J. David Trotter
Its : Vice President
2
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF Trg s
This instrument was acknowledged before me on this the 2 S �-�
day of the month of — 5�1 j , 2001, by as
of Camco Lan , Ltd.
V, �f -
Notary Public, State of Texas
NOTARY PUBLIC
* * State of Texas
� Coram.Exp.11-23-2002
3
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P. C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
4
Ub/UZ/U1 11:ZU FAX 51Z 533 14ZU MILBURN LAND DEVELOPMENT U005
5-01-2001 4:43PM FROM JDALL JONES ENG 5128364817 P. 2
F`I1uLD NOTE DESCRIPTION: A.15' 'WIDE WATERLINE EASEMENT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AT1D A. PART OF THE REMAINDER OF THAT
CERTAIN TRACT OF DESCRIBED AS TRACT .4, SAID TO CONTAIN 275.214
ACRES, CONVEYED TO CA:MCO LAND, LTD., RECORDED IN VOLUME 2491,
PAGE 303 OF TIM DEED RECORDS OF WILLLWSON COUNTY, TEXAS,BEING
OUT OF TIIE WILLIS DONAHOF, SURVEY, ABSTRACT NO, 1.73, AND THE
GEORGE W. GLASSCOCF�., SURVEY, ABSTRACT NO. 267, AND BEING MOM
PARTICULARLY DESCRIBER BY'METES.AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found, at the intersection of the east riight-of-way line of
F.M. Highway No. 1460, and the south right-of-way line of County Road 113, known
locally as Kiphen Road, for the northwest corner of said Tract 4 and far the northwest
comer and POINT OF 13EGINNING ofthe herein described tract;
THENCE departing the east right.-of way line of F.M. Highway No. 1460, North
71'08'20" East, with the north line of said Tract 4,the south right-of-way lune of said
County Road 113, a distance of 55.08 feet to a calculated point, for the northeast corner
of this tract;
TAIENCE departing the north line of said Tract 4, the south right-of-way line of said
County Road 113, crossing said Tract 4,the following three(3)courses:
1. South 3104 1.1 9"West, a distance of 108.22 feet to a calculated pbiut at the beginning
of a curve to the left;
2. Along the arc of said curve to the left a distance of 216.87 feet, having a radius of
1087.19 feet, a central angle of 11°25'46", a chord which hears South 25°58'2T'
West, a chord distance of 216.51 feet to a calculated point,for the southeast comer of
this tract;
3. North 69°44'26" West, a distanoe of 35.00 feet to a calculated point in the arc of a
curve to the right, same being a point in the west lime of said Tract 4,the cast right-of-
way
ight-ofway line of said ENE Highway No. 1460,for the southwest comer of this tract;
THENCE with the west Pine of said Tract 4, the east right-of-way lune of said F.M,
Highway No. 1460,the following two(Z) courses:
S..UandProjects R2\6$8\doos\35'Wl L Catcco.dec
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Page 1 of 2
05/02/01 11:21 FAX 512 533 1429 MILBURN LAND DEVELOPMENT [�j006
5-01-2001 4:43PM FROM ' DALL JONES ENG 5128364817 P. 3
1. Along the are,of sand curve to the right a distance of 223.86 feet, said curve not being
tangent to the last described course, said curve having a radius of 11.22.19 feet, a
central angle of 11'2546", a chord which bears North 25°58'27" East, a chord
distance of 223-48 feet to acalculated point,
2. North 31'41'19"Fast, a distance of 65.69 feet to the POINT OF BEGINNING,
Containing 0.246 acres of land more or less.
This survey was made from availablo deed information, plat records, and other recorded
information available,and does not purport to be an on the ground survey.
O
Randall S. Jones Date
Registered Professionald Surve RANDS �oNFS`
State of Texas �E . .
,0 4:191
y�
12Surveying, Su `
1 Z E. Br aper Lane WIDALL S.JO ES v-
Austin, Texas 78753 '.9 4391
• ��,yo siiavE`�a' 1
S:UAndProjeM)RZ658W=\35'WLE Can oo.doo
05101/01
Page 2 of 2
N FA
TO ACCOMPANY FIELD N0 TES
WIDE WA TERLINE EASEMENT �o� c, 4501114 W,CD.R
N d
va���
STATE OF' TEXASINT Of 6EGINN/NG X31/359 .C.D.R. j RD
ROw RIGHT OF-WAY
LTD LIM17ED q g5
PGL VOLUME POB
PAGE' D U
� u
WC,AR. MLLMYSON COUNTY DEED RECORDS N71�a'�� N�4�36'� c7
WC.O.R. WLIANSON COUNTY OFf7CIAL RECORDS
( ) RECORD BEARINGS AND DISTANCES pEEa �lNE
+ IRON ROD FOUND
co m CALCULATED POINT
a
w
A W. XORX OOSIUNSLW
Q m
z z r
CALICO LAND LTD.
PART OF TRACT 4
a. 2491, P& 303 wcQR
ti
LINE TABLE
� o ` rT LINE BEARWG LENGTH
3 L1 N71-08'20'E 55.08
LZ S314119 W 108.22
Li 'L3 N69'44'26W 3500'
/ L4 N31'41'19'E 65.69bo '
CURIE' TABLE
CURVE LENGTH RADIUS TANGENT CHORD DIRE0770N DELTA
01 --116 82" 1087.19' 108,80' 216.51' 5253827"W11'2548°
v LEGAL DWIP7TGW.• I�-,._/ 223.86' 1122.19' 112.30' J.dB' N2538'27'E 112546"
N PI U.C90 AG�it /A%iGi fits L,'1jVu, lT61Yv itUf Ur tI1vL H riilY► v!, int ncM.wvvGri yr
TRACT 4, SAID TO CONTAIN 275.214 ACW, COVWE FO TO CAAICO LAND, LTD., DATE MAY 1, 2001 SCALE 1' = 100,
LZ Ln '& RECORDED IN VOLUME 2491, PAGE 303 OF THE DEED RECORDS OF WLL/AMSON COUNTY
TEXAS BEING 0-Yr OF WE W1LL,S DOA'AHOE SUP, FY ABSTRACT N0. 173, AND W RJ SURt/FYING, INC.
GEORGE W, GLASSCOCK SURVEY, ABSTRACT NO. 264. 1,212 E; BRAKER LANE AUS77N, TEXAS 78753 512) 836-4793
DATE: August 17, 2001, 2001
SUBJECT: City Council Meeting—August 23, 2001
ITEM: *14.D.1. Consider a resolution authorizing the purchase of a Public Utility
Easement from Camco Land, Ltd.for CR 113 Waterline Project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This easement is necessary for the CRI 13 waterline project. Milburn will pay
the difference between the settlement amount and the appraised value.
Funding:
Cost: $15,000.00
Appraised Value: $13,390
Source of funds: Williamson County, 4B and Developers
Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C.
Impact: N/A
Benefit: New waterline on CRI 13
Public Comment: Several meetings with affected property owners.
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
sx-210 M1074554 8 Fags
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CAMCO LAND, Ltd. , a Texas Limited Partnership, and its
successors and assigns, hereinafter referred to as Grantor (whether
one or more) , for and in consideration of the sum of Ten and No/100
($10 . 00) Dollars cash in hand paid and other good and valuable
consideration paid to Grantor by the CITY OF ROUND ROCK, TEXAS, a
municipal corporation hereinafter referred to as Grantee, receipt
of which consideration is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these premises does hereby GRANT, SELL and
CONVEY unto Grantee a perpetual easement and right-of-way in, on,
over, upon, above and across the below-described property:
Easement Estate only in and to 0 . 246 of an acre of land,
more or less, out of the George Glasscock SURVEY,
ABSTRACT No. 267, Williamson County, Texas, and being
more particularly described in Exhibit "A" attached
hereto and made a part hereof.
The perpetual easement, right-of-way, rights and privileges
herein granted shall be used for the purposes of location,
placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of
any or all public utilities, including but not limited to gas
lines, electric lines, wastewater lines, water lines, sewer lines,
stormwater lines, and drainage systems and structures, and any and
all other public utilities deemed necessary by Grantee, together
with all necessary conduits, valves, vaults, manholes, ventilators
and appurtenances .
The perpetual easement, right-of-way, rights and privileges
herein granted shall also encompass the right of Grantee to trim,
cut, fell and remove therefrom all trees, underbrush, vegetation,
and obstructions, structures or obstacles within the limits of the
right-of-way; reserving to the landowners and their heirs and
assigns, however, all such rights and privileges as may be used
without interfering with or abridging the rights and easement
herein acquired by Grantee.
Grantee hereby covenants and agrees :
(a) Grantee shall not fence the Easement;
::ODMA\WORLDOR\O:AWDOY,A,COF_R\TRANSPRT\CRll3CON\CAMCOLANVOTHERDOCA,1n06f 76.WPDJ 1 kg
(b) Grantee shall promptly backfill any trench made by it on
the Easement and repair any damage it shall do to
Grantor ' s private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the
rights of ingress and egress or by any wrongful or
negligent act or omission of Grantee' s agents or
employees in the course of their employment;
(d) Grantee shall, after any construction or maintenance of
the waterlines contemplated herein, shall restore the
surface of the easement as near as possible to the
condition said surface was in prior to said construction
and maintenance.
TO HAVE AND TO HOLD the same, in perpetuity, in and to
Grantee, the City of Round Rock, Texas, and its successors and
assigns, together with all and singular all usual and customary
rights thereto in anywise belonging, and together with the right
and privilege at any and all times to enter said premises, or any
part thereof, for the purpose of constructing or maintaining said
utility lines and for making connections therewith.
And Grantor does hereby bind his heirs, executors,
administrators and assigns to WARRANT AND FOREVER DEFEND, all and
singular, the said premises unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
The perpetual easement, right-of-way, rights and privileges
granted herein are non-exclusive, provided however, Grantor
covenants that it will not convey any other easement in, over,
across or through the property described herein without first
obtaining the consent of the Grantee, which shall not be
unreasonably withheld.
EXECUTED on this the 3b46 day of the month of
2001 .
GRANTOR:
CAMCO LAND, Ltd
Joca, Inc. , General Partner
By: dui
J. David Trotter
Its : Vice President
2
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF Tura u.s §
This instrument was acknowledged before me on this the 25' �-k
day of the month of 3-0 1,1 , 2001, by as
of Camco Lan- , —Ltd.
Notary Public, State of Texas
...A....r...
KEVIN HUNTER
NOTARY PUBLIC
* * State of Texas
COM Comm.Exp.11-23-2002
�M ..
3
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P. C.
309 East Main_A r `
� Round Rock, Texas
c
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
4
UbiUZ/UI 11:ZU NAA 51Z 533 1429 MILBURN LAND DEVELOPMENT U005
5-01-2001 4:43PM FROM JDALL JONES ENG 5128364817 P. 2
FIELD NOTE DESCI€MPTION: A 35' WIDE WAT)ERLM EASEMENT
BEING A. TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF A7ND) A. PART OF THE REMAINDER OF THAT
CERTAIN TRACT OF DESCRIBED AS TRACT 4, SAID TO CONTAIN 275.214
ACRES, CONVEYED TO CA.MCO LAND, LTD., RECORDED IN VOLUME 2491,
PAGE 303 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,BEING
OUT OF TIjE WILLIS DONA.HOI: SURVEY, ABSTRACT NO. 1.73, AND THE
GEORGE W. GLASSCOCIC, SURVEY, ABSTRACT NO. 267, AND BEING MORE
PARTICULARLY DESCRIBED DY'METES,AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found, at the intersection of the east night-of-way line of
F.M. Highway No. 1460, and the south right-of-way line of County Road 113, known
locally as Kiphen Road, for the nortkiwest corner of said Tract 4 and for the northwest
comer and POINT OF BEGINNING of the herein described tract;
THENCE departing the east right.-of way line of F.M. Highway No. 1460, North
71 008'20" East, with the north line of said Tract 4, the south right-of-way line of said
County Road 113, a distance of. 55.08 feet to a calculated point, for the northeast corner
of this tract;
THENCE departing the north line of said Tract 4, the south right-of-way line of said
County Road 113, crossing said Tract 4,the following three(3)courses:
1. South 31041,'19" West, a distance of 108.22 feet to a calculated point at the beginning
of a curve to the left;
2. Along the arc of said curve to tli.e left a distance of 216.87 feet, having a radius of
1087.19 feet, a central angle of 11125'46", a chord which bears South 25°58'2T'
West, a chord distance of 216.51 feet to a calculated point, for the southeast comer of
this tract;
3. North 69°4426" West, a distance of 35.00 feet to a calculated point in the arc of a
curve to the right, same being a point in the west line of said Tract 4,the east right-of-
way
ight-ofway line of said F.M.Highway No_ 1460,for the southwest corner of this tract;
THENCE with the west line of said Tract 4, the east right-of-way lime of said F.M,
Highway No. 1460,the following two(2) courses:
SM-and Projects R2\658WQW35'WLE Cmr.m.doc
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05/02/01 11:21 FAX 512 533 1429 MILBURN LAND DEVELOPMENT
�006
S-01-2001 4:43PM FROM TALL JONES ENG 5128364817 P. 3
1. Along the arc of said curve to the right a distance of 223.86 feet, said curve not being
tangent to the last described course, said curve having a radius of 1122.19 feet, a
central angle of 11°25'46", a chord which bears North 25°58'27" East, a chord
distance of 223.48 feet to a calculated point;
2. North 31'41"19"East, a distance of 65.69 feet to the POINT OF REGYNNING,
Containing 0.246 acres of land more or less.
This survey was made from availablE: deed information, plat records, and other recorded
information)available, and does not purport to be an on the ground survey.
esf�- 5 i O IRaJ0Tp lF
Randall S. Jones ]Date
Registered Professional d Surve RAND •'
OF JONES
State of Texas it. �ST i91 Q
RJ Surveying, Inc. 'r� L SU
1212 E. Brayer Lane RAHDALt.S•JONES
Austin, Texas 78753 �.90 4301o��;%Q, 1
SALand Projects R2\658\doc05'WLE Caznoo.doc
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Page 2 of 2
N SKETCH TO ACCOMPANY FIELD N0 TESRUDLORW —
a A 35' WIDE WA TERL INE EASEMENT a� C, 45OA14 W.CD.RN
�oA�l
LE".- ;-W-
STATE )w LINE
00L fzc.
OF 1FXAS OOO-p , ��113
ROW RaOOF Fw smimix �t/�59 CD.� co R�
LTD. LIMITED
VOL. VOLUME POB 1
PG. PACE pip LINE 4,E
W C.D.R. MLLIANSON COUNTY DEED RECORDS N71'0a 2 (N�p'36 o
W.C.O.R. WLIANSON COUNTY OFPCIAL RECORDS
( ) RECORD BEARINGS AND DISTANCES 1)EE� LINE
• IRON ROD FOUND v
co CALCULATED POINT
o
�a
w CO
w N W. GEORX a8S7L4NSDV
q m
z
a w ti 10 0000 LAND M.
a �` 0� PART OF TRACT'4
a �
2491, PC 3a1 K!CaR. 'ECURDEJRS MEMORANDUM
rt o ti All or parts of the text on this page was not
clearly legible for satisfactory recordation.
J a �
� LINE TABLE
LINE BEARING LENGTH
N71?UB'20`E 5508'
LL
J ro L2 531'41'19"W 10812'
Q o L3 N6944'26W 35.00'
L4 N31'4i'19"E 65.69'
y� v ry CURVE TABLE
CURVELENGTH RADIUS I TANGENT CHORD OJRECIIGW DEL TA
I CJ 216.87' 1087.19' 108.80 216.51' S255827"W 111546"
F LEGAL DWIPAAN.• C2 223.86' f12219' 1 f2 30' 22J.48' N2558'27"F 1125'46"
v I
N W A6Xt !lrAL/ Vl LA vu, Qt/rvv Vt1l tiP N�vu N f-Nr(1 Vt �i7c ncnfn�vv[r5 v� "'
FD s�. TRACT 4, SAID TO CONTAIN 275214 ALY?£S CONVEYED TO CAAICO LAND, LTD., DATE MAY 1, 2001 SCALE- 1' = 10D'
Ln RECORDED IN VOLUME 2491, PAGE 303 OF THE DEED RECORDS OF WLL1AMS0N COUNTY,
I TEXAS BEING OJT OF THE W',IIS DONAHOE SURVEY ABSTRACT N0. .+7J, A.ND THE RJ SJR VEYING, INC,
GEORGAF W, GLASSCDCK SURIEY, ABSTRACT NO. 264. 1212 E. BRAKER LANE AUSTIN, TEXAS 78753' (512) 836-4793