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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 x � WE5 p00OR y �pOR R ORP'G°ND m QQQ�, G v� VO °p 1 � V Approximate Property Location (Lots 1, 2 & 3 St. Williams Vo e i Church Subdivision) v � pR 3 G�NCHp(t0 ,.c ROCK R ROUND ROCK EST OR r ON pV E N WANDERS N A E WA RO ROCKAVE W ► We G P ---\Na 5y\OAI *NASH ST f - G u+� '0O �Gy Py5 f L i yy� N Oat �iN F FALO PASS D c� 9L m in OAw c V Fi O� 2 c = O Al J��� G 0 N GP 0 YUCCADR FI�Dtr< s °o 4�C A�OOy� PURPLE SAGE DR o n.► OQ .4OLO V4 DR Hca `pys° < 19 t 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 All or parts of the text on this page was not clearly legible for satisfactory recordatiuo. z Ile J � l l i£ JJl�•t ti r - i c Pr T `= C b ICI T. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordatiuo. z FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006086762 10/04/2006 11:89 AM PHERBRICH $32.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS