R-01-08-23-14F6 - 8/23/2001 RESOLUTION NO. R-01-08-23-14F6
WHEREAS, the City desires to convey an easement to the Lower
Colorado River Authority across a portion of property owned by the
City, and
WHEREAS, said easement is to be utilized for the construction of
wastewater mains, 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 Easement and Right-of-Way to the Lower
Colorado River Authority, a copy of same 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 August 01 .
RO RT A. STLUKA, JRV, Mayor
ATT ST : City of Round Rock, Texas
J NE LAND, City Secretary
0:\WPDOCS\RESOLUTI\R10823F6.WPD/SC
WASTEWATER EASEMENT
AND RIGHT-OF-WAY
STATE OF TEXAS § Project: RRISW Interceptor
§ Phase C,Tract 3-A
COUNTY OF WILLIAMSON §
DATE: ,2001
GRANTOR: CITY OF ROUND ROCK,TEXAS, a home rule city
GRANTOR'S MAILING ADDRESS: 221 East Main Street
Round Rock,Texas
GRANTEE: LOWER COLORADO RIVER AUTHORITY,a conservation and reclamation district of the State
of Texas
GRANTEE'S MAILING ADDRESS: P.0.Box 220
Austin,Texas 78767
CONSIDERATION: Ten Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged.
EASEMENT PROPERTY: A tract of land consisting of 0.017 acre,more or less,more particularly described in the
attached Exhibit A,which may include field note description and plat,and which is incorporated herein and made a part
hereof for all purposes.
PROJECT: Wastewater mains and all necessary or desirable appurtenances thereto including, without limitation,
cleanouts, valves, meters, and manholes. The Project may also include communication lines and all necessary or
desirable appurtenances thereto.
r
GRANTOR,for the CONSIDERATION paid to GRANTOR,hereby grants,sells,and conveys to GRANTEE
an easement and right-of-way in,upon,under, over and across 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. GRANTOR also grants to GRANTEE a temporary construction
easement in,upon,over,and across the property depicted as"Temporary Construction Easement"in Exhibit A for the
purposes of constructing and laying the PROJECT in the EASEMENT PROPERTY. The temporary construction
easement shall be in effect only so long as the constructing and laying of the PROJECT is taking place. Upon
completion of the initial construction of the PROJECT the temporary construction easement shall revert to the sole
ownership and control of GRANTOR.
GRANTEE shall have the right of ingress and egress at all times upon and across the EASEMENT
PROPERTY for the above stated purposes. 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
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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. 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 or adjacent property of GRANTOR.
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 stated herein. GRANTEE shall have the
right to conduct archeological, historical, 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 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 said property,as nearly as possible,to the condition
in which said property was found immediately before such work was undertaken;however,GRANTOR understands
and agrees that vegetation cleared from said property will not be replaced.
GRANTEE shall conduct all of its activities on the EASEMENT PROPERTY in full compliance with all
applicable federal,state,and local laws and ordinances.
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 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 successors and assigns.
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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.
GRANTOR:
City of Round Rock,Texas,a home rule city
By:
Robert A.Stluka,Jr.,Mayor
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,2001 by
Robert A.Stluka,Jr.,Mayor of the City of Round Rock,Texas,a home rule city,on behalf of said city.
Notary Public,State of Texas
AFTER RECORDING RETURN TO:
Lower Colorado River Authority
P.O.Box 220
Austin,Texas 78767-0220
Attn: Dianna Tinkler
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Robert Nasso
0.0 17 Acre Tract
Page l of 2
EXHIBIT"A"
DESCRIPTION
FOR A 0.017 ACRE (744 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 11, BLOCK 3, SOUTH SIDE ACRES, A
SUBDIVISION RECORDED IN CABINET A, SLIDE 323 OF THE PLAT RECORDS
OF SAID COUNTY, SAID 0.017 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on a %2" iron rod with plastic LCRA cap set on the southerly line of said
Lot 11, same being the northerly line of a called 30.432 acre tract as described in that
deed to MSP, Inc. and recorded in Volume 2291,Page 50 of the Official Records of said
County, same being the southeasterly corner hereof, from which a %2"iron rod found for
the southeasterly corner of a called 8.04 acre tract of land as described in a deed to
HF2M, Inc. as recorded in Volume 2248, Page 875 of said Official Records, same being
on the northerly line of said 30.432 Acre Tract, same being in the southerly termination
of the westerly right-of-way line of Mandell Street (60 foot right-of-way width) bears,
N 720 38' 44" E for a distance of 14.01 feet, and N 72°58' 17" E for a distance of
586.15 feet;
THENCE with the southerly line of said Lot 11, same being the northerly line of said
30.432 Acre Tract, S 72° 38' 44" W for a distance of 34.82 feet to a %2" iron rod with
plastic LCRA cap set for the southwesterly corner hereof, from which a t/2" iron rod
found on the northwesterly corner of said 30.432 Acre Tract, same being on the easterly
right-of-way line of Interstate Highway No. 35 (right-of-way width varies) bears,
S 721 38'44"W for a distance of 444.27 feet;
THENCE through the interior of said Lot 11,N 37°35' 16"E for a distance of 57.80 feet
to the easterly line of said Lot 11, same being the westerly line of said 8.04 Acre Tract,
same being the northerly corner hereof,from which a'/2"iron rod with plastic LCRA cap
set bears,N 37°35' 16"E for a distance of 296.95 feet;
THENCE with the easterly line of said Lot 11, same being the westerly line of said
8.04 Acre Tract, S 19° 58' 16" E for a distance of 23.70 feet for the easterly corner
hereof, from which a %2"iron rod with plastic LCRA cap set bears,N 37° 35' 16"E for a
distance of 317.21 feet;
THENCE through the interior of said Lot 11, S 370 35' 16" W for a distance of
16.59 feet to the POINT OF BEGINNING and containing 0.017 acre of land.
Surveyed under the direct supervision of the undersigned:
r � I O F„TC
ZOO/
Donald J.Kirby DONF_lD J; ,,,,, Date
Registered Professional Land Surveyor No.25082n508 r2
a;
Baker Aicklen&Assoc. 9,1;O.Fess:°.�>�
203 E.Main St. Ste.201 :SUFtJ
Round Rock,Tx.78664
All distances are surface
Bearing Basis:Texas Lambert Grid,Central Zone,NAD 83/93 HARN
ACAD File: LCRAW020-013A.dwg
Word File: LCRAW020-013A.doc
Job No.:522-704-14 FileName:W:IPROJECTSUWBIO\DOC�LCRAW020.013A.doc
SKETCH TO ACCOMPANY DESCRIPTION
20 0 20
SCALE: 1" = 20'
LEGEND
• IRON ROD FOUND
0 1/2"IRON ROD WITH
PLASTIC LCRA CAP SET
(T/ TEMPORARY CONSTRUCTION
TCE EASEMENT
�o A-So
h �'9
n
LOT Il, BLOCK 3 29`0 p
SOUTH SIDE ACRES �� 01 m
o r-
CAB. A SL. 323 6 ;lD r-
ooh 2�� HF2M, INC. y
VOL. 2248 PG. 875
SUBJECT �, 8.04 ACRES y
0.017ACT ACRE orb
y'l0 o m /86.15,
67 SOEFT. N F,
67
E
as 5 E
� W /
5 7234 g2, 72°3 '44
/
/ N 14.
W
5 7Z444•27`,
POINT OF BEGINNING /
N=10155820.26
E-3132243.42
GRID COORDINATES
(IN FEET) MSP, INC.
�2 VOL. 2291, PG. 50
�F. 30.432 AC.
0�9�tt`
BEARING BASIS: TEXAS LAMBERT GRID,
O��G CENTRAL ZONE, NAD 83/93 HARN
'S ty COMBINED SCALE FACTOR:0.99988
ALL DISTANCES ARE IN SURFACE
SJ O
�s EXHIBIT "A"
DATE:JUNE. 2000
JOB NO.:522-704-14
ACRD FILE NAME:LCRAW020-013A.DWG
WORD FILE NAME:LCRAW020-013A.DOC
BY:M. NOLEN
Bake en
& AssocIstellatss, Inc.
Englneers/Surveyors
FILE NAME: W:\PROJECTS\LAKECRK\EASEMENT\LCRAWO20-O10A.DWG
PLOT DATE:01/03/01
DATE: August 17, 2001, 2001
SUBJECT: City Council Meeting—August 23, 2001
ITEM: 14.F.6. Consider a resolution authorizing the Mayor to execute a
Wastewater Easement and Right-of-Way to the Lower Colorado
River Authorityfor the construction of wastewater mains. The
LCRA is constructing a sewer line through property owned by the
City.
Resource: Jim Nuse, Director of Public Works
History: The LCRA is constructing a sewer line through property owned by the City.
This action would provide for the temporary construction easement.
Funding:
Cost: 0
Source of funds: N/A
Outside Resources: N/A
Impact: Facilitate the construction of a sewer line.
Benefit: Orderly extension of the sewer system.
Public Comment: N/A
Sponsor: N/A