Contract - Estates of David, Melecio, Carmen Carlin - 8/11/2016ALTERNATIVE STANDARDS AGREEMENT
his Alternative Standards Agreement, (this "Agreement") is entered into this IN day
of , 2016, by and among the City of Round Rock, Texas, a Texas home
rule city (the "City") and the Estate of David G. Carlin, Carlin United Holdings, the Estate of
Melecio Gonzales Carlin and the Estate of Carmen Carlin, (the "Owners").
RECITALS
WHEREAS, Sec. 36-123 of the Round Rock Code of Ordinances, 2010 Edition (the
"Code") recognizes that in proper circumstances, the unique nature of land being platted may
require the departure from the adopted design criteria and design and construction standards, as
set forth in Chapter 36 of the Code, and
WHEREAS, the Owners of Lots 1, 2, and 3 of the St. Williams Church Subdivision (the
"Property"), the location of which is generally shown on Exhibit "A" wish to re -plat the
Property into six (6) single-family lots as generally shown on Exhibit "B", hereinafter referred
to as the "Replat", and
WHEREAS, the unique nature of the Property requires departure from the provisions of
Chapter 36 of the Code, and
WHEREAS, the City Council and the Owners wish to enter into this Agreement
regarding the platting of the Property, and
WHEREAS, the proposed alternative standards set forth herein fully address the intent
and purpose of the standards of Chapter 36, and
WHEREAS, the proposed alternative standards conform to the general purposes, goals
and objectives of the City of Round Rock General Plan.
NOW THEREFORE, based on the above, the City Council of Round Rock, Texas and
the Owners agree as follows:
Article I
C'Teneral
Because of the unique nature of the Property, it is necessary to depart from the officially
adopted subdivision plat design criteria and construction standards. Therefore, the City and the
Owners agree that the Property may be re -platted if the Owners meet the alternative standards
provided for herein. The Owners shall be responsible for the preparation and submission to the
City of all items prescribed by the Code for the City to approve the Replat, including all related
costs and fees. The City shall not be responsible for any costs associated with the preparation of
the Replat.
Carlin akernalive mdards ahem (00342588-2xA08F8)
Article II
Alternative Street Right -of -Way Standards
Construction of street improvements and/or dedication of additional right-of-way for
Aleman Street and Old Austin Rock Road as required by Section 36-107(a) and (e) of the Code
will not be required. The following conditions shall apply:
(1) Vehicular access to proposed Lot 6 of the Replat shall be allowed only from the
area described in the Access Easement Document attached hereto as Exhibit "C".
This area is referred to herein as "Carlin Cove." Prior to the issuance of any new
building permit for Lot 6, the Owners of Lot 6 shall be responsible for paving the
remainder of Carlin Cove to an access point to Lot 6.
(2) Vehicular access to proposed Lots 4 and 5 of the Replat may occur from Old
Austin Rock Road or Carlin Cove, provided that any access to Old Austin Rock
Road meets the approval of City Staff and is in accordance with the City's Design
and Construction Standards (the "DACS").
(3) Vehicular access to proposed Lots 1, 2, and 3 of the Replat shall be allowed only
from Old Austin Rock Road, provided that such access is approved by City Staff
and is in accordance with the DACS.
(4) Notwithstanding (1) and (3) above, vehicular access to proposed Lots 1 and 6 of
the Replat from Aleman Street for emergencies, construction purposes, or other
similar temporary uses shall be allowed if approved by the City Manager or
his/her designee.
The City may utilize the Old Austin Rock Road and Aleman Street rights-of-way as
deemed necessary by the City and may, but is not obligated to, construct improvements.
The City shall have no obligation to construct or maintain Carlin Cove or any access
from the Property to Carlin Cove, nor shall the City have any obligation or responsibility to
construct an access to any portion of the Property.
t
Article III
Alternative Sidewalk Construction Standards
Construction of sidewalks along lots abutting Old Austin Rock Road shall be required
along each lot prior to or as a condition to the issuance of any new building permit on said lot.
Article IV
Alternative Building Permit Standards
Other than a demolition or repair permit, no building permit shall be issued for any of the
Property after the effective date of this Agreement until after the Replat is recorded in the Plat
Records of Williamson County, Texas.
►H
Article V
Alternative Water System Standards
An existing City water main along the southwest side of Old Austin Rock Road ("Water
Main I") currently terminates approximately 100 feet northwest of the southwest corner of the
Property as shown on Exhibit B. Two water wells currently exist on the Property as
approximately shown on the Exhibit B. A double water service from an existing City water
main along Carlin Cove ("Water Main 2") exists within proposed Lot 4 as approximately
shown on Exhibit B. A single water service exists along the southwest boundary of the
Property in the vicinity of proposed Lot 5 as approximately shown on Exhibit B and the house
that currently exists within the boundaries of proposed Lot 5 is the only area of the Property
that currently obtains water service from the City.
Extension or upsizing of Water Mains 1 and 2 for the entire lengths of Old Austin Rock
Road, Aleman Street and Carlin Cove that abut the Property as provided under Section 36-153
(a) of the Code will not be required with the Replat except as follows and provided the
following conditions are met:
(1) Water Main 1 along Old Austin Rock Road shall be extended approximately 150
feet northwest along Old Austin Rock Road at the Owners' expense as a condition
for approval of the Replat. A fire hydrant shall be installed by the Owners near the
end of this main extension, and two double water services from this main
extension shall be provided by the Owners across Old Austin Rock Road to near
the northwest corner of proposed Lot 4. The foregoing construction shall be
permitted and inspected by the City and shall be in accordance with the DACS.
(2) Separate 4" PVC underground sleeves for proposed Lots 1 and 2 shall be
constructed at the Owners' expense with the Replat from the southeast boundaries
of said Lots to the northwest boundary of proposed Lot 4 to allow for future water
connections from Lots 1 and 2 to one of the double services near the northwest
corner of Lot 4 as provided in (1) above. The plans for the construction in (1)
above shall include the sleeves installation. Easements approved by the City shall
be dedicated on the Replat as necessary to allow the owner(s) of proposed Lots 1,
2 and 3 access for construction, reconstruction or maintenance of individual
private water services up to the point of connection with the City water system.
(3) Proposed Lots 2, 4, and 6 may continue to obtain water service from the existing
well on Lot 4 until the well becomes unserviceable. Notwithstanding the
foregoing, any application for a building permit for proposed Lots 2, 4 or 6 shall
include work to disconnect the respective lot from the well on Lot 4 and to
provide a connection to the City's water system in accordance with 4 below. For
the purposes of this Agreement, unserviceable shall mean that the well is
incapable of serving the users, becomes unsuitable for potable usage, or otherwise
requires re -drilling or re -casing, but does not mean replacing or repairing the well
pump or the distribution lines to the Lots. If the well becomes unserviceable, the
well shall be disconnected from the potable water systems serving the Lots and all
of the Lots shall obtain potable water through connections to the City system in
3.
accordance with this section. Upon connection by any Lot in the Replat to the
City system, potable water service for said Lot shall thereafter be obtained from
the City system.
(4) Connection to City water service by proposed Lots 2, 4, or 6 shall not occur until
the connection for the respective Lot is permitted through the City. The permit
applicant shall be responsible for all costs associated with the connection,
including but not limited to: permit fees; impact fees; meter fees; and construction
costs necessary to complete the connection to the point of service from the City.
Upon connection to the City water system by Lots 2, 4, or 6, permanent
termination of the well system serving the potable system at the respective lot
shall occur and no interconnection between the system carrying City water and
the system carrying well water shall exist.
(5) Proposed Lots 1, 3 and 5 shall not obtain potable water service from a well, but
from connection to the City system. Connection to City water service by Lots 1 or
3 shall not occur until the connection for the respective lot is and inspected by the
City. The permit applicant shall be responsible for all costs associated with the
connection, including but not limited to: permit fees; impact fees; meter fees; and
construction costs necessary to complete the connection to the point of service
from the City.
(6) To allow for future water connection from proposed Lot 6 to the aforementioned
existing double water service within proposed Lot 4, a 4" PVC underground
sleeve from the southwest boundary of Lot 6 to near the double water service as
approved by the City shall be constructed at the Owners' expense with the Replat.
The plans for the construction in (1) above shall include the sleeve installation.
An easement approved by the City shall be dedicated on the Replat as necessary
to allow the owner of Lot 6 access for construction, reconstruction or maintenance
of its water service up to the point of connection with the City water system.
(7) The Owners are responsible for determining and securing any private easements
necessary for the owners of proposed Lots 2, 4, and 6 to construct, reconstruct or
maintain lines carrying well water across the various lots, or access for
maintenance purposes to the well discussed in Section (3) above. By signing this
Agreement, the Owners commit to each other and their assigns to execute
reciprocal easements for water lines across any of the Property.
Notwithstanding the foregoing, the City makes no representation that any well at the
Property is sufficient to serve any or all of the aforementioned proposed Lots for any purpose,
or that a well is suitable for potable purposes. The well shown on Exhibit B within proposed
Lot 5 shall not be used for potable purposes. The wells may be used for irrigation purposes. If
use of any well is abandoned, the owner of the property containing the well shall properly
abandon the well in accordance with City and state regulations and shall bear all costs
necessary for the abandonment.
0
The City shall not be obligated to install a water service connection to any Lot shown in
the Replat.
The improvements in 1, 2, and 6 above shall be considered Public Improvements required
to be constructed with the Replat under Chapter 36 of the Code. However, for the purposes of
Section 36-207 (b) (1) of the Code, only the improvements described in (1) above shall be
accepted by the City, but only upon the City's recognition of completion of the improvements
under (2) and (6) above either through separate letter or in conjunction with the Letter of
Acceptance issued by the DSO Engineer as provided for in Section 36-207 (b) (2) of the Code.
Article VI
Alternative Wastewater System Standards
Proposed Lots 3, 4, 5, and 6 shown on Exhibit B currently have or have access to
wastewater service via the City system. Proposed Lot 2 has an existing septic system.
Installation of additional wastewater mains, lines, or services with the Replat as stipulated
under Section 36-154 of the Code will not be required except as follows and provided the
following conditions are met:
(1) Easements approved by the City shall be dedicated on the Replat as necessary to
allow the owner(s) of proposed Lots 4 and 6 access to wastewater services and for
maintenance, construction or reconstruction up to the point of connection to the
City system.
(2) Proposed Lot 2 shall be allowed to utilize the existing septic system until the
septic system becomes unserviceable or any building permit is issued by the City
for the lot. Any application for a building permit for proposed Lot 2 shall include
work to discontinue use of the septic system and to provide a connection to the
City's wastewater system in accordance with this section. For the purpose of this
Agreement, unserviceable shall mean that the septic system fails to treat
wastewater as required under City, county, or state regulations, or otherwise
requires reconstruction, expansion, or the acquisition of a permit from the City
and/or county, but does not include routine maintenance not requiring a permit. If
the septic system serving Lot 2 becomes unserviceable, or a building permit is
issued by the City for the lot, the owner of Lot 2 shall be obligated to terminate
use of the septic system, properly abandon the septic system in accordance with
City, county, and state regulations, and to provide a connection to the City's
wastewater system as approved by the City prior to final inspection and issuance
of a Certificate of Occupancy. The owner of Lot 2 shall be responsible for all
costs associated with the abandonment of the septic system and connection to the
City's wastewater system, including but not limited to: all permit and impact fees;
and all construction costs. Upon connection by Lot 2 to the City system,
wastewater service for Lot 2 shall thereafter be through connection to the City
system.
(3) Easements approved by the City shall be dedicated with the Replat that allows the
owner of Lot 2 to construct, reconstruct or maintain a wastewater service to the
5.
point of connection with the City's system that currently exists along Old Austin
Rock Road approximately 20 feet southeast of the northwest corner of Lot 3.
(4) At the time of development of a structure on proposed Lot 1 that will contain
toilet facilities, a tap and connection to the City's wastewater system in either Old
Austin Rock Road or Aleman Street shall be provided to the lot by the owner at a
location approved by the City and in accordance with the DACS. The owner shall
bear all costs associated with the tap and connection, including but not limited to:
all permit fees; impact fees; tapping costs; construction costs; street repair; and all
other costs necessary to provide a connection to the City's system for Lot 1.
(5) At the time of development of a structure on proposed Lot 3 that will contain
toilet facilities, connection to the City's wastewater system along Old Austin
Rock Road at the location discussed in (3) above shall be provided by the owner
as approved by the City. The owner shall bear all costs associated with the
connection, including but not limited to: all permit fees; impact fees; construction
costs; and all other costs necessary to connect to the City's system.
The City shall not be obligated to install a wastewater service connection to any Lot
shown in the Replat.
Article VII
Alternative Street Lighting Standards
Street lighting requirements under Section 36-115 of the Code shall not be applicable
with the Replat. Notwithstanding the foregoing, the City may, but is not obligated to, install
street lights within rights-of-way or easements as determined by the City in its sole discretion.
Article VIII
Other Easement Requirements
(1) A 15 -foot wide drainage easement as described herein shall be dedicated on Lot 6
with the Replat. The drainage easement shall be contiguous with the drainage
easement as described in Vol. 871, Page 390 of the Williamson County Deed
Records along the northeast boundary of the Property and shall extend 100 feet to
the southeast along the northeast boundary of the Property and shall parallel and
abut the southwest line of Block B of Round Rock West Section Four, a
subdivision as recorded in Cabinet C, Slide 57 of the plat records Williamson
County, Texas. The limits of the drainage easement shall be subject to the
approval of the City with the Replat.
(2) A 15 -foot wide public utility and sidewalk easement approved by the City shall be
dedicated on the Replat abutting, parallel to, and along the entire length of, the
northwest and southwest boundaries of the Property (abutting Aleman Street and
Old Austin Rock Road).
0
(3) A 15 -foot wide public utility easement approved by the City shall be dedicated on
the Replat abutting, parallel to, and along the entire length of, the southeast
boundary of the Property (abutting the area of Carlin Cove).
(4) The easements in (2) and (3) above shall be free of any private easements except
where approved by the City.
Article IX
Future Density Increase or Re -platting Standards
After recordation of the Replat in the plat records of Williamson County, Texas, no
subsequent rezoning or re -platting of the Property which increases the density beyond six (6)
single family residences/lots or significantly alters the lot configuration shown in the Replat shall
be approved by the City unless this Agreement is amended or terminated as approved by the
City. If this Agreement is terminated, the entire Property shall be brought into compliance with
the Code prior to or in conjunction with approval by the City of any said rezoning or re -platting.
Without invalidating this Agreement and notwithstanding the foregoing, after recordation of the
Replat in the plat records of Williamson County, the City may, but is not obligated to, approve
re -platting that, in the City's sole judgment, does not significantly alter the lot configuration
shown on Exhibit B and consists of only minor property line adjustments.
Article X
Demolition Requirements
In order to eliminate more than one (1) single-family structure within the boundaries of a
single lot, within sixty (60) days from the execution of this Agreement by the City, the eastern-
most house currently existing within the boundaries of proposed Lot 4 shall be demolished in
accordance with the Code. A permit for the demolition shall be obtained from the City prior to
the demolition and the owner of the house shall be responsible for permit fees and all other costs
associated with the demolition. The City shall not be responsible for any costs associated with
the demolition.
Article XI
Termination
(1) The City may terminate this Agreement at any time by resolution of the City
Council.
(2) If the Replat is not approved by the City and recorded in the plat records of
Williamson County, Texas within twelve months from the date of this Agreement,
this Agreement shall terminate and become null and void.
(3) Notwithstanding the foregoing, this Agreement shall terminate and become null
and void sixty (60) days from the date of this agreement if the Demolition
Requirements of Article X herein have not been fulfilled.
7.
(4) Upon termination of this Agreement, any plat of a portion or all of the Property
approved by the City but not recorded in the plat records of Williamson County,
Texas prior to the termination of this Agreement shall automatically become
disapproved by the City.
(rest of page left blank)
8.
CITY OF ROUND ROCK
By: 0141�1 A��
Alan McGraw, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
OWNERS
Estate of David G. Carlin
By: &" X. CaJ,,,
David L. Carlin, Executor
Carlin United Holdings,
A Texas General Partnership
By: WMl (_
David L. Carlin, Managing Partner
By: dllvv�ZCi'-'Z A I
Anna L. Pavlik, Managing Partner
By: U'ah _�"
Ruben Carlin, Managing Partner
Estate of Melecio Gonzales Carlin
By:m2c'Lt
Victoria Carlin, Executor
Estate of Carmen Carlin
By:
Theresa G. Carlin,
Dependent Administrator
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the 0 k+- day of Ittt,
2016, by David L. Carlin, Executor of the Estate of David G. Carlin.
1�
LISA DWORACZYK Notary Public, State of Texas
Notary Public, State of Texas
My Commission Expires
September 29, 2018
ACKNOWLEDGMENT
a
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the I3 qday of Jtk i V,
2016, by David L. Carlin, Managing Partner of Carlin United Holdings, a Texas general
partnership, on behalf of said corporation.
,d": •�1 LISA DWORACZYK Notary Public State of Texas
Notary Public, State of Texas �'
My Commission Expires
September 29, 2018
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the J -�` day of Jtv A-
2016, by Anna L. Pavlik, Managing Partner of Carlin United Holdings, a Texas general
partnership, on behalf of said corporation.
LISA DWORACZYK _
•' Notary Public. State of Texas Not' Public State of Texas
0.
" My Commission Expires
September 29. 2018
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the ►3 rL day ofJl
2016, by Ruben Carlin, Managing Partner of Carlin United Holdings, a Texas general
partnership, on behalf of said corporation.
"'«« LISA DWORACZYK
'otary Pub ic, State of Texas
Notary Public. State of texas
M Commission Expires
Y
September 29. 2018
10.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the ;2Y1 day of /v/ ,
2016, by Victoria Carlin, Executor of the Estate of Melecio Gonzales Carlin.
MARIE E. ROPPOLO i %CSD
Notvy 10 0 129493196 Notary Public, State of Texas
My Commisston Exp"s
My 22.2016
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 3 day of J ( ,L•� ,
2016, by Theresa G. Carlin, Dependent Administrator of the Estate of Carmen Carlin.
LISA DWORACZYK ` o4FPiu, State of Texas
.F Notary PubOC. State of Texas
N My Commission Expires
=�N60;.�; September 29. 2018
11.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the4 it day of ,
2016, by Alan McGraw, Mayor of the City of Round Rock, Texas.
im im A��
% ��
M'. spi �'' Notary ubli , State of Texa
�lE OF '
''% '•..FxP�a��';0 �.
12.
PRFi
N
w�� e
1 inch = 1,000 feet
Alternative Standards Agreement
EXHIBIT A
General Location Map a
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Approximate Property Location
(Lots 1, 2 & 3 St. Williams
Vo e i Church Subdivision)
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Alternative Standards Agreement
EXHIBIT B
Proposed Lot Configuratoin
s ♦
i ♦
1 ♦
1 ♦
1 ♦
♦
, D
! j
1 m
, e
1 ♦
1
APPROX. PROPERTY
1 110, BOUNDARY(TYP.)
I rn
1 ♦
I LOT 1
♦
LOT 2
U jai •/ �i ♦♦
LOT 3
♦
LOT 4 �E
a
,# LOT 5 !f LEGEND
EXISTING WATER 0
MAIN 1 ♦ EXISTING WELL(APPROX.)
�,�1�` ♦e JA EXISTING SINGLE WATER
w- ��e 61 SERVICE(APPROX.)
STINGEXISTING DOUBLE WATER
1 inch = 100 feet
�♦�' MAN WATER ❑ SERVICE(APPROX.)
CE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
IUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
&Tr,SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ACCESS EASEMENT
REND GREGORY M. AYMOND, BISHOP OF THE DIOCESE
HIS SUCCESSORS IN OFFICE
P. O. Box 13327, Austin, Travis County, Texas 78711
VICTORIA CARLIN, HERMINIA CARLIN, THERESA
a�LIN, MARGARET GREEN, JANIE CASTILLO, DAVID
ARLIN, CARLO5 CARLIN, ERMALINDA CARLIN,
1ARY DELAROSA, ANA LUCIA PAVLIK, RUDOLF
, RLIN. TERESA GONZALEZ, JAMES CARLIN, and
IL G5, a Texas general partnership
Grantee's Mailing Addre s:5ctn W eorgetown, Williamson County, Texas 78626
Dominant Estate Property: T F WILLIAMS CHURCH SUBDIVISION, A
PL llivISIORDS OFOF CORD IN CABINET A, 1,L1AM ON COUNTY,TEXAS,154, OF THE
and
Easement Property: BEING 7166SQUA FE
LOT OF ST. WIL MS
RECORD IN CAB E'I},
WILLIAMSON CO NTY,
DESCRIBED BY METES -A
HERETO AND MADE A P
Easement Purpose: For providing free and uni
egress from the Dominant Estate Property, to and
Consideration: The sum of TEN AND NO/100 DO]
consideration, the receipt and sufficiency of which are
Reservations from Conveyance: None.
k D, SITUATED IN THE CHURCH
BDIVISION, A SUBDIVISION OF
154, OF THE PLAT RECORDS OF
BEING MORE PARTICULARLY
NDy ON EXHIBIT "A" ATTACHED
kEOIF FOR ALL PURPOSES.
Exceptions to Warranty: Any and all conditions, instruments
relating to the Easement Property to
vehicular ingress to and
r good and valuable
Grantor.
Easerpefit to
Grantor's- ei
Gran`tW an
claiming to
and Exce - f
otherwise.
that the same may still be in force and effect and shown of record in
the office of the County Clerk of Williamson County, Texas.
ementt Grantor, for the Consideration and subject to the Reservations from Conveyance,
Warranty, and Terms and Conditions, grants, sells, and conveys to Grantee and Grantee's
s a ssips an easement over, on, and across the Easement Property for the Easement
br the be�lssefit of the Dominant Estate Property, together with all and singular the rights
ncesfIie�eto in any way belonging (collectively, the "Easement"), to have and to hold the
•apfcg-�iid Zkantee's heirs, successors, and assigns forever. Grantor binds Grantor and
li rs 'succe r - d --assigns to warrant and forever defend the title to the Easement in
Iran ee sn hers, uccessors, and assigns against every person whomsoever lawfully
c]aim'e �atisrbent or any part thereof, except as -to the Reservations from Conveyance
s tgVarrty to the extent that such claim arises by, through, or under Grantor but not
Terms and Cb
and conditions:
1. Cha3act '
portion of the Dominant VSs i
conveyance of all or such
irrevocable. The Easeme t
who at any time own the Do
applicable, the "Holder").
2. Duration of
granted by this instrument is subject to the following terms
The Easement is appurtenant to and runs with all or any
Whether or not the Easement is referenced or described in any
.�Grtee
ate Property. The Easement is nonexclusive and
t and Grantee'sheirs, successors, and assigns
oany interest in the Dominant Estate Property (as
3. Reservation of Right: Grantor
and assigns the right to continue to use and enjo
that do not interfere with or interruptthe use e
Purposes. Grantor reserves for Grantor ana�
or part of the Easement in conjunction with h
or part of the Easement in conjunction with
of tl3q Easement is perpetual.
for antor and Grantor's heirs, successors,
Vght
a Easement Property for all purposes
asementby Holder forthe Easement
ssors, and assigns the right to use all
o convey to others the right to use all
4. ImprovementandMaintenanceofEa ern tP�Pi
of the Easement Property will be at the sole expenseeW
f H
ower.
Property in a neat and clean condition. Holder has thhtremove a road with all culverts, drainage ditches, sewa
facilities under or across any portion of the EasemImprovements"). Ail matters concerning the configuratioreplacement, and removal of the Road Improvements aperformance of Holder's obligations under this agreement.
any fences within the Easement Property or along or near its bou
to construct, install, maintain, replace, or remove the Road Impre
onto other lands or easements owned by Holder and adjacent to
replacement of the fences to their original condition on the comp
ACCESS EASEMENT - PAGE 2
Improvement andmaintenance
Dr must maintain the Easement
, ' stall, maintain, replace, and
I si 'lar or related utilities and
)ty (collectively, the "Road
r, tallation, maintenance,
r'= ole iscretion, subject to
rhe r�'it remove or relocate
yitie�x rea onably necessary
e r fo oad to continue
faser t rop y, subject to
5. Indemnity by Grantee. Holder shall indemnify and hold Grantor harmless from and
any losses, liabilities, damages, costs, and expenses which shall be caused Holder's exercise
,the rights conferred to Holder by this instrument.
J. ' Legal Construction. Whenever context requires, the singular will include the plural
arl^`c�nerrter i 'etude-the.pasculine or feminine gender, and vice versa.
THE MOST REVEREND GREGORY � M.
AYMOND, BISHOP OF THE DIOCESE OF
AUSTIN AND HIS SUCCESSORS IN OFFICE
'1• _ r' r l �'�. (Acknowledgment)
STATE
COUNTY OF
This instrumeni, vt.,a�" aGknb.,w edged before me oneiy 2006, by THE MOST
REVEREND GREGORY . AY1vIQiD BISHOP OF THE DIOCESE OF AUSTIN AND HIS
SUCCESSORS IN OFFICl, Jam-
S�.rr f•'� �rr�
f if
Ila,
Y W,.....ss»=7.
SEpTEWMA _ �,6tary�u tic - tate of Texas
ACCESS EASEMENT -- PAGE 3
EXHIBIT "A"
{Page I of 2 Pages}
LEGAL DESCRIPTION FOR AN ACCESS EASEMENT
BEING 7166 Square Feet of land, situated in the Church lot of St. Williams Church
Subdivision, a subdivision of record Cabinet A, Slide 154 of the Plat Records of Williamson
/ County, Texas. Surveyed on the ground in the month of October, 2004, under the supervision of
{ St't F. Peterson, Registered Professional Land Surveyor, and being more particularly described
t �•'f?f f s- fol Qws;
'1lrGINNTNG at d -.-mag nail set in a punch hole in concrete found on the east line of Old Austin
3,o&.,'Road, )sing the Northwest comer of the above referenced Church Lot, being the
Ss>afhwest cgNCE.-oft4at curtain tract of land to conveyed to Carlin United Holdings, a Texas
'Genera -t Aye er5hip, by, deed recorded as Document No. 2004069203 of the Official Public
Iarot Williazttsvridtlnty, Texts, for the Northwest comer hereof•,
Tl NC) ; atong3he iDK line of the said Church Lot, N 41° 22' 30" E, 112.67 feet to an iron
pin `found_ tnaTkip the Southeast comer of the said Carlin United Holdings tract, being the
Southiulest co_zner a &0ain tract of land as conveyed to David Carlin by deed as recorded in
Volwne �}7 '•cine 3311 of th- Deed Records of Williamson County, Texas, N 41 ° 16' 30" E, at
55.10 feet pa's a GOgcre'je m numertt's�t for the Southeast corner of the said David Carlin tmct,
being the Sad} b4st torr g.Af t,, l�etMdoer, of that certain tract of land as conveyed to Carmen
Carlin by decq as recorded in ' qi ie 311, Page 335, of the Deed Records of Williamson
County, Texas, `-ft-a-total disW6 of 137,92 feet, in all, to an iron pin found marking the
Southeast comer ofslie said•femtriiicler-of the Carmen Carlin tract, being the Southwest corner of
that certain tract of'`1saet'aseoetkc} to••.}vlelcccio Carlin by deed as recorded in Volume 427,
Page 321, of the Deed RecordF,9fW-d4agson Cpuclty, and continuing along the south line of the
said Mcleccio Carlin trac, N ° 21' 15'.!4_,-x30:1 0 fcr-•Et to a point, for the Northeast corner hereof;
THENCE, S 48° 28' 30" E; : 'A.t tf-1=e0,Co a P.Dm— f r the Southeast corner hereof;
TI IENCE, S 4l ° l9' 30" W, 293 6,3�fe' to a point on tht saia,east tine of Old Austin Rock Road,
being the west line of the said Church Lot, forth Southwest chi r hereof;
f'
THENCE, along the said east line of O1,d=Austi�l2ock }cad 200 58' W, 28.24 feet to the
Place of BEGINNING Find containing 71 Squkue Feet of land.
STATE OF TEXAS rr
KNOW A (I KVO B THESE PRESENT'S:
COUTITY OF WILLIAMSON } f r
1, Brian F. Peterson, Registered Professional Land that that this survey
was made on the ground of the property legally described ei�e —and ' or;&, and that there am
no apparent discrepancies, conflicts, overlapping of improve ents; isib unity lines or roads in
place, except as shown on the accompanying plat, to the best fnta know etidge d belief.
To certify which, witness my hand and seal at Georgetown, Wittirmr tsrCour ,Taas. this the
Z4! _--- day of /.Zvyv/oj- 2006, A.
_ Brian F, Peterson
Regist ional Land Surveyor, No. 3967
State of Texas
REVISED: August 21, 2006
01670 -1d -access easement
RECORDERS MEMORANDUM
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2006086762
10/04/2006 11:89 AM
PHERBRICH $32.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS