Loading...
HomeMy WebLinkAboutRES 032321-F - MoKan Corridor/Parkside WaterRESOLUTION NO. 03 Z3 Z I - f- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE GRANTING OF TWO EASEMENTS TO THE CITY OF ROUND ROCK, TEXAS OVER AREAS TOTALING 0.095 ACRES OUT OF THE JOSEPH MOTT SURVEY, ABSTRACT 427, ON LAND MORE COMMONLY KNOWN AS THE MOKAN CORRIDOR, AND LOCATED SOUTH OF WESTINGHOUSE ROAD. WHEREAS, the City of Georgetown (the City) owns real property which is the former right of way of the MoKan Railroad, and generally known as the MoKan Corridor; and WHEREAS, the City has received a request from the City of Round Rock, Texas (Round Rock) to grant an easement across the City's property to allow the construction, maintenance and operation of a wastewater line and water line, utilizing an area described in Exhibit "A", attached hereto (Easement Area); and, WHEREAS; in consideration for the easements requested, Round Rock has agreed to license the use of portions of fee owned property, easement(s), and rights of way owned or held by Round Rock for the extension of a City waterline known as the Parkside Waterline, and on the terms described, and utilizing areas depicted, in Exhibits "B" & "C", attached hereto (License Areas); and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The Mayor is hereby authorized to execute the Water Line and Wastewater Line Easement in substantially the same form attached hereto as Exhibit "D". SECTION 3. The City Manager is hereby authorized to execute the License Agreements in substantially the same form attached hereto as Exhibits "B" & "C". SECTION 4. This resolution shall be effective immediately upon adoption. RESOLVED this 23RD day of March, 2021. Resolution No. M Z321 - E Description: Easement/License, 500-1000-0010, MoKan CoRR/Parkside WL Date Approved: t aj tk,\- 7.3 Zb-? Page 1 of 2 CITY OF By: APPROVED AS TO FORM: A ,z,9 Skye asso , City Attorney Resolution No. 03 23 Z 1 . F ATTEST: Robyn Derismore, City Secretary Description: Easement/License, 500-1000-0010, MoKan CoRR/Parkside WL Date Approved _�C/, -1-3 , Z 07 1 Page 2 of 2 09-13-2019 Page 1 of 5 EXHIBIT A County: Williamson Parcel: Parcels 1-3 Project: Vizcaya Easements PROPERTY DESCRIPTION FOR PARCELS 1-3 DESCRIPTION OF THREE PARCELS OF LAND TOTALING 0.095 ACRE (4,155 SQUARE FOOT) SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK CC (3,950 SQ. FT.), FINAL PLAT OF VIZCAYA, PHASE 4B, A SUBDIVISION OF RECORD IN DOCUMENT. NO. 2018014374 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS, DESCRIBED IN DEED WITHOUT WARRANTY TO VIZCAYA MAINTENACE ASSOCIATION, INC., RECORDED IN DOCUMENT NO. 2018091742 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CALLED 38.069 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO THE CITY OF GEORGETOWN RECORDED IN VOLUME 1970, PAGE 497, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, SAID LAND TOTALING 0.095 ACRE (4,155 SQUARE FOOT) PARCELS BEING MORE PARTICULARLY DESCRIBED AS PARCEL 1, CONTAINING 0.026 ACRE (1,151 SQUARE FEET) OF LAND, PARCEL 2 CONTAINING 0.034 ACRE (1,500 SQUARE FEET) OF LAND AND PARCEL 3 CONTANING 0.035 (1,504 SQUARE FEET) OF LAND MORE OR LESS AND FUTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PARCEL 1 (0.026 ACRE 1,151 SQUARE FEET) BEGINNING at a capped iron rod marked "Pape -Dawson" found, being in the existing westerly right-of- way (ROW) line of Brianza Pass (50' ROW width), same being the southeasterly corner of Lot 2, Block CC of said Final Plat of Vizcaya, Phase 4B, same being the most easterly corner of said Lot 1, for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said Lot 2, with the easterly boundary line of said Lot 1, same being said westerly ROW line, along a non -tangent curve to the right, having a delta angle of 36024'02", a radius of 25.00 feet, an arc length of 15.88 feet and a chord which bears S 35004'50" W, for a distance of 15.62 to a calculated point; THENCE, departing said ROW line, with the proposed southerly easement line, through the interior of said Lot 1, the following two (2) courses: 2) N 73°07'23" W, for a distance of 13.87 feet to a calculated point angle point; 3) S 66°23'41" W, for a distance of 54.28 feet to a calculated point, being in the easterly boundary line of said 38.069 acre tract, same being the westerly boundary line of said Lot 1, for the southwesterly corner of the herein described tract and from which a capped iron rod marked "Pape -Dawson" found, being the most southerly corner of said Lot 1, same being the westerly boundary line of said 38.069 acre tract bears S 23'36'19" E, at a distance of 31.41 feet; 4) THENCE, with the easterly boundary line of said 38.069 acre tract, same being the westerly boundary line of said Lot 1, N 23°36'19" W, for a distance of 15.00 feet to a calculated point, for the northwesterly corner of the herein described tract; Page 2 of 5 5) THENCE, departing said 38.069 acre tract, with the proposed northerly easement line, through the interior of said Lot 1, N 66°23'41" E, for a distance of 59.56 feet to a calculated point, being the common boundary line of said Lot 1 and said Lot 2 and from which a cotton gin spindle found in a tree, being the most westerly corner of said Lot 1, same being an angle point of said Lot 2, also being in the easterly boundary line of said 38.069 acre tract bears N 73°07'23" W, at a distance of 78.65 feet; 6) THENCE, with the common boundary line of said Lot 1 and said Lot 2, S 73007'23" E, for a distance of 24.47 feet to the POINT OF BEGINNING, containing 0.026 acres (1,151 square feet) of land, more or less. PARCEL 2 (0.034 ACRE 1,500 SQUARE FEET) BEGINNING at a calculated point, being in the westerly boundary line of said Lot 1, same being in the easterly boundary line of said 38.069 acre tract, for the southeasterly corner and POINT OF BEGINNING of the herein described tract and from which a capped iron rod marked "Pape -Dawson" found, for the most southerly corner of said Lot 1, same being the easterly boundary line of said 38.069 acre tract bears S 23'36'19" E, at a distance of 31.41 feet; 1) THENCE, departing said Lot 1, with the proposed southerly easement line, through the interior of said 38.069 acre tract, S 66°23'41" W, for a distance of 100.00 feet to a calculated point, being in the easterly boundary line of that called 114.47 acre tract of land described in a Special Warranty Deed to DBH Jade Properties, Ltd., recorded in Document No. 2017002160, of the Official Public Records of Williamson County, Texas, for the southwesterly corner of the herein described tract and from which a capped iron rod marked "Pape -Dawson" found, being the northeasterly corner of Lot 44, same being the northwesterly corner of Lot 45, Final Plat of Vizcaya, Pahe 6D, a subdivision of record in Document No. 2018086890 of the Official Public Records of Williamson County, Texas bears S23°36'19"E, at a distance of 46.62 feet and S 68°48'47" W, at a distance of 74.95 feet; 2) THENCE, with the easterly boundary line of said 114.47 acre tract, same being the westerly boundary line of said 38.069 acre tract, N 23036'19" W, for a distance of 15.00 feet to a calculated point, for the northwesterly corner of the herein described tract; 3) THENCE, departing said 114.47 acre tract, with the proposed northerly easement line, through the interior of said 38.069 acre tract, N 66°23'41" E, for a distance of 100.00 feet to a calculated angle point, being in the westerly boundary line of said Lot 1, same being the easterly boundary line of said 38.069 acre tract, for the northeasterly corner of the herein described tract; 4) THENCE, with the common boundary line of said Lot 1, and said 38.069 acre tract, S 23°36'19" E, for a distance of 15.00 feet to the POINT OF BEGINNING, containing 0.034 acres (1,500 square feet) of land, more or less. PARCEL 3 (0.035 ACRE 1,504 SQUARE FEET) BEGINNING at a calculated point, being in the westerly boundary line of Lot 9, Final Plat of Vizcaya. Phase 6E, 6F, & 7C, a subdivision of record in Document. No. 2019066312 of the Official Public Records of Williamson County Texas, same being in the easterly boundary line of said 38.069 acre tract, for the southeasterly corner and POINT OF BEGINNING of the herein described tract and from which a calculated point, being an ell corner of said Lot 9, same being the northwesterly corner of Lot 8, of said - Vizcaya, Phase 6E, 6F, & 7C bears N 61 °18'12" E. at a distance of 25.07 feet; Page 3 of 5 1) THENCE, departing said Lot 9, with the proposed southerly easement line, through the interior of said 38.069 acre tract, S 61°18'12" W, for a distance of 100.30 feet to a calculated point, being in the easterly boundary line of said 114.47 acre tract, for the southwesterly corner of the herein described tract; 2) THENCE, with the easterly boundary line of said 114.47 acre tract, same being the westerly boundary line of said 38.069 acre tract, N 24016145" W, for a distance of 15.04 feet to a calculated point, for the northwesterly corner of the herein described tract; 3) THENCE, departing said 114.47 acre tract, with the proposed northerly easement line, through the interior of said 38.069 acre tract, N 61°18'12" E, for a distance of 100.30 feet to a calculated angle point, being in the westerly boundary line of said Lot 9, same being the easterly boundary line of said 38.069 acre tract, for the northeasterly corner of the herein described tract; 4) THENCE, with the common boundary line of said Lot 1, and said 38.069 acre tract, S 24°16'45" E, for a distance of 15.04 feet to the POINT OF BEGINNING, containing 0.035 acres (1,504 square feet) of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS M AND AND SEAL at Round ?z M. Ste�hen TrL ei sdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 Williamson County, Texas. S:1 CORR-PROJECTS\VIZCAYA TOPOSIPARCEL SCHEMATIMPARCEL-VIZCAYA.doc Date /Y 0 30 60 X,\o 0 NUMBER DELTA � 0C1 36.24.02 � C2 1 11'46'59" LOT 9 in OPEN SPACE/D.E. ITf I PHASE 6F x !f I,N v -_I L13 _-----� — ` — ~ _ z 15' WASTMATER EASEMENT � (y J PER FIAT L17 � (561.18i W 108.69') a .W P.O.B. 3� LOT 8 �Z PARCEL 3 1 I� FINAL PLAT OF `L I O VIZCAYA, PHASE 6E, 6F, & 7C 1E G 0.035 AC. + DOC. NO. 2019066312 1,504 SQ. FT, v rn 0.P.R.W.C.T. BLOCK CC II LOT 7 DBH JADE PROPERTIES LTD. lh (114.47 AC.) DOC. NO. 2017002160 z n O.P.R.W.C.T. o rn NO. I DIRECTION DISTANCE L1 N73'07'23 W 13.87' L2 S66'23'41"W 54.28' L3 N23-3619'W 15.00' L4 N66'23 41 E 59.56' L5 S73'07 23'E 24.47 L6 S66.23 41' W 100.00' L7 N23'36'19"W 15.00' L8 N66.23 41 "E 100.00' L9 S23'36'19"E 46.62' L10 S68'48'47"W 74.95' L11 S61-18'12'W 100.30' L12 N24'16'45"W 15.04' N61 *1812"E 100.30' S24'16'45"E 15.04' L11 S23'36'19"E 31.41 N23'36'19"W 51.06' N61-18'12"E 25.07 I �0¢ 1 ti � IA I b [71 L l 0 OD 0 o I � U LI_ IVIZCAYA MAINTENANCE ASSOCIATION, INC. II DOC. NO. 2018091742 !y 0.P.R.W.C.T. x0 \� 0.034 AC. 1,500 SQ. FT. P, FINAL PLAT OF- VIZCAYA, PHASE 6D L6 DOC. NO. 2018086890 O.P.R.W.C.T, � x P.O.B. In y ■ PPPE�9A, 0" PARCEL 2 i lss8'48.47"W 77.45` LOT 44 LOT 45 BLOCK CC \ LOT 4 i \ LOT 2 \ I FINAL PLAT OF VIZCAYA, PHASE 4B DOC. NO. 2018014374 0.P.R.W.C.T. LOT 3 \ (D 0.026 AC. / 1,151 SQ. FT./ M L4 _ L2 —_ C "PAPE-DAWSON' OPE PrT AC q C� P.O.B. PARCEL 1 1 14P 1' ftcw- N. 09-12-2019 I N LAND EASEMENT SCHEMATIC GEODETICS PARCEL 1 -0.026 AC. 1,151 SQ. FT. PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD, STE. 103 PARCEL 2 -0.034 AC. 1,500 SQ. FT. ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 FJRM9EGI5TRATIONNO. 100591-00 PARCEL -0.035 AC. 1,504 SQ. FT. PAGE 4 OF 5 S:\_CORR-PROJECTS\VIZCAYA T0P0S\PARCFI. SC. 9F VATIC \CORR-V'.ZCAYA-PARC FI.dw9 LEGEND O IRON ROD WITH CAP FOUND • 1/2" IRON ROD FOUND UNLESS NOTED © COTTON GIN SPINDLE FOUND Ins CALCULATED POINT e PROPERTY LINE P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS 0.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING ( ) RECORD INFORMATION DISTANCE BREAK 1) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE THE GROUND UNDER MY DIRECT SUPERVISION. /V, Lx' � REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSWS STATE LAND SURVEYOR FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 � �OF5 Q' �C M. "Ii UHM TWIRSI N 4J33 1 � a"Fss�o�r 09-12-2019 11 LF'H A N D u EASEMENT SCHEMATIC ETICS 'j PARCEL 1 -0.026 AC. 1,151 SQ. FT. AL LAND SURVEYORSPARCEL 2-0.034 AC. 1,500 SQ. FT. LM TRAIL RD. STE. 103ROCK, TX. 78681id4,FAXfS1zf238-1251 PARCEL 3 -0.035 AC. 1,504 SQ. FT.TION NO. 100591-oD PAGE 5 OF 5 11 S:\—CORR -PROJECTS\V17CAYA TOPOS\PARCEL SC`IEVATIC\CORR—VIZCAYA—PARCELdrtg 1W411101MO-1 LICENSE AGREEMENT This License Agreement (the "Agreement") is made this day of 2021 (the "Effective Date"), by and between the CITY OF ROUND ROCK, a Texas home rule municipality (hereinafter "Licensor"), and CITY OF GEORGETOWN, TEXAS, a Texas home rule (hereinafter "Licensee"). Licensor and Licensee are collectively referred to as the "Parties." RECITALS WHEREAS, Licensor is the owner of the real property (hereinafter, the "License Area"), which is the public right-of-way of New Hope Drive east and west of CR175, as shown in Exhibit "A," attached hereto and incorporated herein; and WHEREAS, Licensee desires to exercise certain rights and privileges upon public rights - of -way located within the License Area; and WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon public rights -of -way within the License Area. NOW, THEREFORE, in consideration of the mutual agreements, conditions and covenants covenants herein set forth, receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: I. License 1.1 Licensor shall grant Licensee a license to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate within the License Area, rebuild, repair, and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto ("Improvements") under and across the License Area, subject to all conditions recited herein. 1.2 It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the public rights -of -way located within the License Area by virtue of this license. 1.3 It is further understood that the Improvements may be located only as depicted on the attached Exhibit "A," and that no further improvements of any kind in the public right-of- way shall be allowed, subject to such relocation as described below. 1.4 It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. 00465056/ss2 1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair any improvement in the License Area, including the payment of any fees of any kind associated with any improvements. 1.6 It is further understood that Licensee shall promptly make any repairs to the License Area and shall restore it at its own expense to its existing condition after construction or maintenance by Licensee. If repairs are not promptly made by Licensee, the Licensor shall have the right to make the repairs at the expense of the Licensee. 1.7 It is further understood and acknowledged by Licensee that the License Area is intended for a future public transportation right-of-way, including utility, drainage, and other facilities appurtenant thereto, and Licensee accepts this license subject to the following conditions: (i) Licensee shall, at is sole expense, install and maintain all improvements, and exercise the rights granted herein, in such a way as to not interfere with Licensor's use of the property as a public transportation right of way; (ii) Licensee shall bear sole responsibility for costs associated with relocating the facilities, or for mitigating, eliminating, or removing any conflicts with Licensee's improvements caused by Licensor's use of property as a public transportation right of way; and (iii) To the extent allowed by law, Licensee does hereby indemnify and hold harmless Licensor for any damage to Licensee's improvements caused by use of the property by Licensor, its heirs, and successors. It is hereby explicitly understood and affirmed that no such indemnity shall extend to assignees or franchisees of Licensor. In the event a relocation is required, as described in 1.7(iii) above, Licensor and Licensee shall cooperate to identify an alternative location within the right-of-way of New Hope Drive for relocation of Licensee's improvements; and, to amend the Agreement as necessary. 1.9 It is further understood that Licensor retains, reserves, and shall continue to enjoy the License Area for any and all purposes which do not interfere with and prevent the use by Licensee of the License Area. II. Consideration 2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and valuable consideration the sufficiency of which is hereby acknowledged. III. Nonassignability 3.1 The license granted in this Agreement is personal to Licensee and this Agreement is not assignable. Any assignment in violation of this Agreement will automatically terminate the license. IV. Terminable at Will 4.1 Licensor may terminate this agreement at any time, upon 180 days written notice to Licensee in accordance with Section 8.1 of this Agreement, but no but no sooner than the termination or expiration of the Wholesale Water Service Agreement Between the Cities of Round Rock and Georgetown, or subsequent agreement (Water Contract). Upon termination, Licensor may at its election, remove or abandon in place the Improvements. V. Indemnity 5.1 Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee's exercise of the license under this Agreement. 5.2 Licensor shall comply with the requirements of all applicable laws, rules and regulations, and to the extent allowed by law, shall indemnify and hold harmless Licensee, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensor's exercise or interruption of the license under this Agreement. VI. Release 6.1 Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. 6.2 To the extent allowed by law, Licensor hereby releases, relinquishes and discharges Licensee, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensor's granting of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. VII. Governing Law 7.1 This Agreement shall be construed under and accord with the laws of the State of Texas, without regard to its conflict of law principles and all obligations of the parties created hereunder are performable in Williamson County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the courts of Williamson County, Texas. VIII. Notice 8.1 Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 LICENSEE: CITY OF GEORGETOWN ATTN: City Manager 808 Martin Luther King Jr. Street Georgetown, IX. Attorneys' Fees 9.1 In the event of any dispute and/or legal action arising from an interpretation and/or performance of any of the provisions of this license, the parties hereby agree that the prevailing party shall be awarded reasonable attorneys' fees and costs. X. Limitation of Liability 10.1 Neither party is responsible for any indirect, incidental, special, exemplary, or punitive damages. XI. Modification 11.1 No change or modification shall be made effective unless in writing and signed by an authorized representative of each party. XII. Waiver of Jury Trial 12.1 In the event of any legal proceeding between Licensor and Licensee relating to this Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a trial by jury. XIII. Severability 13.1 In the event any provision of this Agreement should be held to be void, voidable or unenforceable in any respect, the remaining provisions shall remain in full and effect. XIV. Integration 14.1 This Agreement contains the entire understanding, agreement of compromise and settlement between the parties with respect to its subject matter, and supersedes all previous agreements concerning the subject matter. (Signatures on the following page) IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. LICENSEE The City of Georgetown, Texas M. Printed Name: Title: LICENSOR The City of Round Rock, Texas L-In Laurie Hadley, City Manager (Acknowledgments on following pages.) ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2021, by (Name), as City Manager of the City of Georgetown, whose name is subscribed to the preceding instrument and acknowledged to me that he executed it for the purposes and consideration expressed in it. Signature Printed Name Notary Public, State of ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2021, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. Signature Printed Name Notary Public, State of Exhibit "A" Sketch vw zr.os izoz/vi/i �canoin wn vozoe —,/cL/i :va•os mw,iawo—fie IMOOZM1O\vee.9CO4\ho Ss INIaVdzaeOIAVa\ix3NGD\3 o� zz ¢w z:5 ow < a U� d Y o Z �< o LU w zc) a0 wU) w U)� ¢w Lli m .[ IaY ,40v.4h Pkkkd e6 1 IT4 ,ea CW. r.-S wr+�avni.tr.:.....=�i�uiti� =z J w wz w� W J ¢¢ I oU) ZZ ¢ w Qf • *l'M' ± r' !. a ¢ Lu ° z Q . , _ .•fSc �� J ¢ 0 a0 oo wLu r AA - 44 YQ m > a w LU '� ;1;1 = c ' ntl 9C 10B IMZ/bt/• 3-1-16 we V9Z 2 IZOZ/Cl/l .P-e mpin Pa 1 :FA ­DDZN \�GK9POn\AO35H 3Nle dz GlAVo\lx3waa\Ea EXHIBIT "C" a [y D1►ki DIX".11 DI Dh/ I noeI I This License Agreement (the "Agreement") is made this day of 2021 (the "Effective Date"), by and between the CITY OF ROUND ROCK, a Texas home rule municipality (hereinafter "Licensor"), and CITY OF GEORGETOWN, TEXAS, a Texas home rule (hereinafter "Licensee"). Licensor and Licensee are collectively referred to as the "Parties." RECITAIN WHEREAS, Licensor is the owner of the real property (hereinafter, the "License Area"), which is the property described in a Special Warranty Deed, Document No. 2013099146 of the Official Public Records of Williamson County, Texas, as shown in Exhibit "A," attached hereto and incorporated herein for all purposes, and in a Waterline Easement, Document No. 2013099148, of the Official Public Records of Williamson County, Texas, as shown in Exhibit "B," attached hereto and incorporated herein for all purposes; and WHEREAS, Licensee desires to exercise certain rights and privileges upon property located within the License Area; and WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon property within the License Area. NOW, THEREFORE, in consideration of the mutual agreements, conditions and covenants covenants herein set forth, receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: I. License 1.1 Licensor shall grant Licensee a license to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate within the License Area, rebuild, repair, and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto ("Improvements") under and across the License Area, subject to all conditions recited herein. 1.2 It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the property located within the License Area by virtue of this license. 1.3 It is further understood that the Improvements may be located only as depicted on the attached Exhibit `B," attached hereto and incorporated herein by reference, and that no further improvements of any kind in Licensor's property shall be allowed, subject to such relocation as described below. 1.4 It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. 1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair any improvement in the License Area, including the payment of any fees of any kind associated with any improvements. 1.6 It is further understood that Licensee shall promptly make any repairs to the License Area and shall restore it at its own expense to its existing condition after construction or maintenance by Licensee. If repairs are not promptly made by Licensee, the Licensor shall have the right to make the repairs at the expense of the Licensee. 1.7 It is further understood and acknowledged by Licensee that the License Area is intended for a water pump station, including utility lines, drainage, structures and other facilities appurtenant thereto, and Licensee accepts this license subject to the following conditions: (i) Licensee shall, at is sole expense, install and maintain all improvements, and exercise the rights granted herein, in such a way as to not interfere with Licensor's use of the property as a utility facility; (ii) Licensee shall bear sole responsibility for costs associated with relocating the facilities, or for mitigating, eliminating, or removing any conflicts with Licensee's improvements caused by Licensor's use of property as a as a utility facility; and (iii) To the extent allowed by law, Licensee does hereby indemnify and hold harmless Licensor for any damage to Licensee's improvements caused by use of the property by Licensor, its heirs, and successors. It is hereby explicitly understood and affirmed that no such indemnity shall extend to assignees or franchisees of Licensor. In the event a relocation is required, as described in 1.7(iii) above, Licensor and Licensee shall cooperate to identify an alternative location within Licensor's property for relocation of Licensee's improvements; and, to amend the Agreement as necessary. 1.9 It is further understood that Licensor retains, reserves, and shall continue to enjoy the License Area for any and all purposes which do not interfere with and prevent the use by Licensee of the License Area. II. Consideration 2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and valuable consideration the sufficiency of which is hereby acknowledged. III. Nonassignability 3.1 The license granted in this Agreement is personal to Licensee and this Agreement is not assignable. Any assignment in violation of this Agreement will automatically terminate the license. IV. Terminable at Will 4.1 Licensor may terminate this agreement at any time, upon 180 days written notice to Licensee in accordance with Section 8.1 of this Agreement, but no sooner than the termination or expiration of the Wholesale Water Service Agreement Between The Cities Of Round Rock And Georgetown, or subsequent agreement (Water Contract). Upon termination Licensor, may at its election, remove or abandon in place the Improvements. V. Indemnity 5.1 Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee's exercise of the license under this Agreement. 5.2 Licensor shall comply with the requirements of all applicable laws, rules and regulations, and to the extent allowed by law, shall indemnify and hold harmless Licensee, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensor's exercise or interruption of the license under this Agreement. VI. Release 6.1 Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. 6.2 To the extent allowed by law, Licensor hereby releases, relinquishes and discharges Licensee, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensor's granting of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. VII. Governing Law 7.1 This Agreement shall be construed under and accord with the laws of the State of Texas, without regard to its conflict of law principles and all obligations of the parties created hereunder are performable in Williamson County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the courts of Williamson County, Texas. VIII. Notice 8.1 Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 LICENSEE: CITY OF GEORGETOWN ATTN: City Manager 808 Martin Luther King Jr. Street Georgetown, IX. Attorneys' Fees 9.1 In the event of any dispute and/or legal action arising from an interpretation and/or performance of any of the provisions of this license, the parties hereby agree that the prevailing party shall be awarded reasonable attorneys' fees and costs. X. Limitation of Liability 10.1 Neither party is responsible for any indirect, incidental, special, exemplary, or punitive damages. XI. Modification 11.1 No change or modification shall be made effective unless in writing and signed by an authorized representative of each party. XII. Waiver of Jury Trial 12.1 In the event of any legal proceeding between Licensor and Licensee relating to this Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a trial by jury. XIII. Severability 13.1 In the event any provision of this Agreement should be held to be void, voidable or unenforceable in any respect, the remaining provisions shall remain in full and effect. XIV. Integration 14.1 This Agreement contains the entire understanding, agreement of compromise and settlement between the parties with respect to its subject matter, and supersedes all previous agreements concerning the subject matter. (Signatures on the following page.) IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. LICENSEE The City of Georgetown, Texas Printed Name: Title: LICENSOR The City of Round Rock, Texas IM Laurie Hadley, City Manager (Acknowledgments on following pages.) ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of 12021, by (Name), as City Manager of the City of Georgetown, whose name is subscribed to the preceding instrument and acknowledged to me that he executed it for the purposes and consideration expressed in it. Signature Printed Name Notary Public, State of ACKNOWLEDGMENT, THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2021, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. Signature Printed Name Notary Public, State of Exhibit "A" Special Warranty Deed DEED 2013099146 8 PGS SPECIAL WARRANTY DEED P41- O&O� STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL P R1 ,JYOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFO ��❑M THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PU-A IC ORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NU, WHEREAS, the City of Round Rock, Texas is authorized to`irchas and receive land and such other property rights deemed necessary or convenien for c construction, expansion, enlargement, extension, improvement, or operation of a he proposed Arterial H roadway improvements ("Project"); and, WHEREAS, the acquisition of the he or convenient for the construction, operation of the Project; NOW, THEREFORE, KNOW ALL M BY T E PRESENTS: thereon, being more partic y ibed as follows. Tract 1: f 0 expansion, has been deemed necessary extension, improvement, or That Judith L. Davis, an unmarried a ereinafter referred to as Grantor, whether one or more, for and in cansidera of the s of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in d paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby o ged, and for which no lien is retained, either expressed or implied, have this ay nd by these presents do Grant, Bargain, Sell and Convey unto the City of Fund , xas all that certain tract or parcel of land lying and being situated in the Count i mson, State of Texas, along with any improvements A 1.66AVO, 59"uare foot), tract of land situated in the John D. Anderson Survey, Abstracilliamson County, Texas, being a portion of the remainder of that called 19.085 nd, conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Vo .f the Deed Records ofWilliamson County, Texas, said 1.666 acre (72,584 squ oot) ct of land being more particularly described by metes and bounds in Exhibit A, a;ta and incorporated herein for all purposes CU: 0.410 acre (17,854 square foot), tract of land situated in the John D. Anderson Survey, tbstract No. 16, in Williamson County, Texas, being a portion of the remainder of that called �)9.085 acre tract of land, conveyed to Raymond J. and Judith L. Davis, by instrument recorded oo282750.aoc in Vol. 658, PG. 870, of the Deed Records of Williamson County, Texas, said 0.410 cr (17,854 square foot) tract of land being more particularly described by metes and bounds "bit B, attached hereto and incorporated herein for all purposes RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND ERR TY: Easements and rights -of -way of record; all presently recorded restricti vations, covenants, conditions, oil, gas or other mineral leases, mineral sev a a d other instruments, other than liens and conveyances, that affect the property; ' is adjoining owners in any walls and fences situated on a common boundary; a achments or overlapping of improvements. 'fC� Grantor reserves all of the oil, gas and other minerals in and under the laa herein�tonveyed but waives all rights of ingress and egress to the surface thereof for the purpose developing, mining or drilling or pumping the same; provided, however, that operations f r exp io or recovery of any such minerals shall be permissible so long as all surface operations in ectt in therewith are located at a point outside the acquired parcel and upon the condition that of perations shall be conducted so near the surface of said land as to interfere with the intend use �reof or in any way interfere with, jeopardize, or endanger the facilities of Grantee, its su signs, or create a hazard to the public users thereof, it being intended, however, that n ns reservation shall affect the title and the rights of Grantee to take and use without additions ompe ation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building mat under said land for the construction and maintenance of the Project, but shall not be / d or ex ed from the Property for any other purpose. TO HAVE AND TO HOLD the remises scribed and herein conveyed together with P Y g all and singular the rights and ap tenances -h eta in any wise belonging unto the City of Round Rock, Texas and its assign _ ver; and Grantor does hereby bind herself, her heirs, executors, administrators, succes assigns to Warrant and Forever Defend all and singular the said premises herei o nto the City of Round Rock, Texas and its assigns against every person whompev fu claiming or to claim the same or any part thereof by, through, or under Grantor, bu t ise. This deed is being elive in 1 f condemnation. IN WITNESS W instrument is executed on this the � day of 2013. GRANTOR: r r *jithL. Davis 2. ACKNOWLEDGMENT STATE OF ,(/lL_ § § COUNTY OF AdnQ § This instrument w acknowledged before me on this the. day of s , 2013 by .iG� iC . �, in the capiacity nd for the purposes and consideration recited therein. Auer reeordins, p Gr any Title 8015 North Shoal Austin, TX 78757 -rossfield, P.C. Main Street ck, Texas 0 My ComMUM DAVIS TRACT POPOSED R.O.W. Page 1 of 3 COUNTY. VALLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 1,680 ACRE (72,684 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN O. ANDERSON SURVEY, ABSTRACT NO. 18, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF REMAINDER OF THAT CALLED 10.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDT1 L. DAVIS, BY INSTRUMENT RECOROF-0 IN VOL. 658, PG. 670, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.6W ACRE (72,684 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8' Iran rod found, in the northerly boundary Ilne of the remainder of that called 36.96 acre fociThreo) of land conveyed to Sue McCann lNisemon, Gladys tialratvay, al, Joe Edgar McCann by the probate will of Bemlce Barho McCann, and ft%Mbedb.y instrument recorded In Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast Comer of Lot l Sfo tsk subdivision of record, recorded In Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest comer o[ l� ralr�i�ef said 19.085 acre tract, also being In the proposed northerly right-af way lino of Ads dal 'H" (I OOP dpht-of•wayvAdth); THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of sold 19,065 btx>�_kkk:=— being said proposed north" right-f-way line. N 6S"41' 18' E for a distance of 68.40 feet io a 1/2" Iron rod with aluminum cap stampede"ARTERIPJ, H set for the most westerly corner and the POINT OF BE0INNING of the hereln described tract; - l THENCE, departing sal common boundary line, with said proposed northerly dghl-of-way line, and throught1n,f the remainder of said 19.085 acre IracL the following three (3) conroes:1) Along a curve to the left, having a radius of 4a50.D0 feet, a central angle of05'10'20", withf 448.85 feel, a chord Which bears, N s9'6s'42" E, a dislance of 446.70 Toot to a 1/2- Iron rod with aluminum cap stampeo'ARTERI l for a point of reverse curvature; 2} Along a curve l6 the right, having a radius of 1050.00 feel a central angle of 12120'44'', iiilh an arc length 1D1220.24 feet, a chord which bears, N 63'30'154" E, a distance of 2.25.81 feet to a 1/2' iron rod with aluminum cap slampo 'ARTERIAL Hf sot for a point of tangency; t •, 3) N 8904146" E for a distance of 355.13 feet to a 1/2" Iron rod With aluminum cap.sitraped" TERIAL H'set, being In the westerly right-of-way line of County Road 175 (rlght-of way width varies), same being In the easterly bov(r i ry *of the remainder of said 19,085 acre tract for the northeast comer of the herein desalbed; THENCE, with said existing westerly right-of-way line, some being sold easterly bo4*ry tine,14 following two (2) courses: 4) 8 4801548" E for a distance of 031 feet to a 1f2' Iron rod inflf'r ptas0co"tarnie1-A' found; 5} S 34*24103" E fora distance of 102.82 feet to a 1/2' Iron rod. Kllh plaalic.cap tampod '2025' found, being the northeast corner of the remainder of said 38.98 acre Iract, same being the southeast comer oltbe remainder pfrs011d 16.095 acre tract, for tha southeast comatof Lhaheraln described tract and from which a ill' Iron rod found with plastic cap `slariCped'8•A ,:being In the westerly right -of -Way line of geld County Road 175 same being the northeast comer o1 the remainder of that called 3.18 acrelsae)lof lend convoyed to Sue McCann Wiseman, by Instrument recorded In Volume 836, Page 453, of the Deed Records of W1Olemson County,'T-cos, bears S 2V23'iZ' E at a distance of 30.04 feel; 6) THENCE, deoriing sold rig "l-wsy One, with the "Inon boundary'llne of the remainder of said 30.90 acre traw, and the remainder of said 19,055 acro tract, S 69'41'1B" W far a dislan -vf-� t to the POINT OF BEGINNING, contalryng 1.666 acres (72.584 square feet) of fend, more or less. 71 11-1 Ail bearings recited herein are based on the This property description Is accompanied by Thal I, Lawrence M, Ruoso, a Registered 0 knoyAedge and balm} and that the ropeny d WIT S MY HAND AND t tronra M. Russo egistered Professional Su No.1 Inland Geodetics, L.P. Finn Rog. No, 10039.t-4D 1804 Chisholm Trr��IIiI i0ai'swie Round Rock. Tb!(AWiA'--' System; Central Zone No. 4203, NAD 83. d Surveyor, do hereby certify that the above description Is true and correct to the best of my was delemrined by a survey made on the ground under my direction and supervision. County, Texas. A � O 99s z M'D -nc o A or Or N- a In O N = y o u►D L C o A o r� m Itl Wo �n QSAD�TyS-�Y 120 Plyi >OrCPO �N ip�Zrna CCp 1010 CCm �Z�FR�1 fAF N :O��mmv czl Am'� p^2^ tot �m��N b�mG7C to O ^^ OOH pm �M� m�72p0� pyo�mo3 a p �P `I [ Cp f1 y y> T[f mZ iD i�V. �yaf7 MmS ,6AO Or�Ag M'As m O xp0 w''AN gmA Q30 11-ri" � ��m nr-z ' N Ov� .r P:2r opCC1 :aP20f+7N01�p�w�Py C O 7 Off- 2�1i �^'Aji o m102n �j.4 �` 0010� 2 y�S Cro �yPZ Nm�O�q _ 'mz� mip0-'m n zi O u$ g a-4 >:z o M mo ,_ a sadd aaa w io o y m�N .,z. Ni MNI*IHO-LVK SO a r Al y to m pm'r AM —till A 1 M y e a A fl. N rN oo S-45 O�Z o<z an n rn n o n+ s O m o� om�o,�, mi L 1� ZbLm GI `in � O C=ryr�0 �3. � amp �O A=m Oor Z jzo Da Uam roi0 X40 1 �r -em "mm �� a �nisl O� Q�lp �� n r'm -1 < m o y �� a� � C 0rn +A Z m O A O rn a� on r * o OM _ m� [j • :-Ito m m �bb c' N rn v Z �pnCal I� F� sip w a a R �3 v 3C ,a 71 J:a a rill _ 1511 0.0 V. k'I Coo QV vs �r ayj s gm avoki ALN110 0 R, ;19i 0- 007, ° iM a ro y LNnq K08 f4 e yo a R O I �$ort r�nIn In 4z 4z o8�ro 7 N 0o > n rRn a h oV1OO}xg gS�8s r' Oyr 01 L np pp_ ! It Z� i 1�1 2e Z •�£s LI�1 +°� S I f I MC o O n m m z A N �g s z W� PARCEL 10 DAVIS TRACT Page 1 of 2 COUNTY. WILLIAMSON Z REVISED 04-10-2013 EXHIBIT,„ PROPERTY DESCRIPTION DESCRIPTION OF A 0.410 ACRE (17,854 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 10, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19,005 ACRE TRACT OF LAND, CONVEYS - TO RAYMOND J. AND JUDITH L. DAVIS. BY INSTRUMENT RECORDED IN VOL. 658. PG. 870� THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.410 ACRE (17,854 SQU, FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND SOUN AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8' Iron rod found, In the northerly boundary fine of the remainder �4P cal. 36.96 acre tract (Tract Throe) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by. the M to y411I of Bernice Borho McCann, and described by Instrument recorded in Volume 737, Pg. 151, of the Deed Records of Wiplan7Son,Couri(y, Texas, being the southeast comer of Lot 16, Stonehurst, a subdivlslon of record, recorded in Cab. C, Slide 251, of U39 Plat Records of WhIlamson County, Texas, bsing the southwest comer of the remainder of sold 19.085 acre tract, also being in tho' *osod northady right-of-way line of Arterial'H' (10.0' right-of-way width); A(� -\- THENCE, with the common boundary line of the remainder of said 36.96 acre tract and .thi�,rd?na.lnder of said 19.085 acre tract, same being sold proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.4o -best. to a 112" iron rod with aluminum cap stamped "ARTERIAL H' set; THENCE, departing the northerly boundary line of the remainder of aald 38.96 acrs,t )ann4ondoTrig with said proposed northerly right- of-way Ilna, through the 1ntedor or the remainder of said 19.005 acre tract, alono pl curve. to. (lie left, having a radius of 4950.00 feet, a central angle of 019121 V, with an arc length of 103.95 feat, a chard which bear3 R 6V54146' E. a distance of 103.95 feet to a M' Iron rod with plastic cap stamped 'INLAND-51050" set for the southwesterly corn end th"O NT OF BEGINNING of the herein described tract; �� THENCE, departing sold proposed northerly right-of-way line, and coMlnu I}a interior of the remainder of said 19.085 acre tract, the fo11awl ng three (3) courses: -�! 1) N 3C.50123" W for a distance of 84.96 feat to a 1 Qrod with c cap stamped "INLAND-5050" set for the northwest comer of the•hereln described tract; r 2) N 56°09'37" E for a distance of 190.00 foot to a 1/2' Iron ~ � lactic cap stamped 'INLAND-5050" set for the northeast comer of the herein descrlbed tract; s 3) S 34°56123" E for a distance of 10.1.74 feet to a IMn rod with plastic cap stamped "INLA14D-5050" set, being In said proposed northerly right-of-way line, for the southa�g iharoln described tract; ti- 4) THENCE, with said proposed right-of=vltay Un . qn� a curve to the right, having a radius of 4950.00 feet, a central angle of 02012'29", with an arc length of 190,751eot.(a rd which bears, S 60012126" W, a distance of 190.74 feet to the POINT OF BEGINNING, containlrig 0.410 acres:(,17,54squere feet) of land, more or less, All bearings recited herein are based o the Teirss State Plane Coordinate System, Central Zone No, 4203, NAD 83. This property description Is @o(Zo t0C�by"Oarata plat, That.l, Lowrance M. Russo, i best of my knowledge and direction and suparvlslon.`•,- MY HAN 1Vo & at L¢wrence M. Russo L eglslered Prvfemslonal Land Su e Inland GeodetIM L.P. Firm Reg. No':100591-00 1564 Chisholm Tralt Road Sulte 103 Round Rock,TX 78681 512-238-.1200 3fesslonal Land Surveyor, do hereby certify lhat,the above description is true and correct to the the property described herein was determined.by a survey made on the ground under my ck, Williamson County, Texas, 5050 f{�,� a�]� f!1 `a 09 :0 u:t 40 Ns . m iJ m '=' 0Aui-q2NO�Rr. #4� XVRI CO onA 5ID Nn 2 N f�f M Rl o?�°-4go ^f 4 71 xAo'y�w nyx. r10 la r mxpbp0 0 3). �z � � 41 to 5 c? mo 0a a Ito m t A 0 9 N m r O N 2 co wx" m7-q �E sx An 1 <G,m mPim AmW Q m A -aim x mrn� a`pz p�K x�f�l fnna {� mQi uryzo � oaf xm m0a z0 d �m c r NrA rm i �0 n rn' �dp4l, 0 p vC a0 In m i u ��i yea ra cy a en n y � rzi obi o�z mxi Nib G RIB pm'i m m F n H y ra MC and m� i C a xli �m Lz x� nM ar zm i I p v0,=2 Cn;PSI c r -4 i TA w NNi roA� � m ch o oa m , 0_ pr�i hmo dam yyti td ' M DD _ 1 _ z _- n n A yO 1 a ,p ro �� 6 in 9 f� n 7 ci DO <D b .�A") A 1A �y sq 0Pul 'L 1! g ' rN �Wp9. !em4 n .D !�� -1ppa N m 3bOa Wo - caslsoxooa 'aoa Alfino,j No6iVVll"1!M ofel0 xcc yo �mn AtnN n0 u fa"' mzr mrHr�m axy a Gyn naw nip mm� Z nv OD m zo PZ cn } !A O = m ONUS,." � N a D l 0a . t5�1��Qdpti �0 oo a I FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013099146 10/17/2013 03:35 PM OPERE2 $49.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Exhibit "B" Waterline Easement ESMT 7 PGS 2013099148 CITY OF ROUND ROCK 0/�41' 13&&1 /im WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE P COUNTY OF WILLIAMSON § . That Judith L. Davis, an unmarried woman, and her successors and assigns, ( ed to as "Grantor"), for and inconsideration of the sum of TEN and N0/100 DOLLARS ($ .0 lher good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, m i ' orporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main o Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, do by , SELL and CONVEY unto Grantee a perpetual easement and right-of-way to consl r st�1, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wa nsm on and distribution system and waterlines, together with all necessary lines, pipes, i yes, vaults, manholes, ventilators, and other equipment, improvements and appurtenances there n, over, under, above and across the following described property of Grantor, to -wit: }`� Being a 0.095 acre (4,146 square foot), tract of Survey, Abstract No. 16, in Williamson County, T that called 19.085 acre tract of land, conveyed .t instrument recorded in Vol. 685, Pg. 870, of Texas, said 0.095 acre (4,146 square f,�- ct O as Part 1, containing 0.071 acre (3,099Aqua" square feet) in Exhibit "A" attachedXgfeto and tic uate�n the John D. Anderson rtion of the remainder of and-,f and Judith L. Davis, by Iecords of Williamson County, �ing more particularly described 2, containing 0.024 acre (I,048 d herein for all purposes. This conveyance is made and accepte =jent, any and all conditions and restrictions, if any, relating to the hereinabove describedpoperty to and only to the extent, that the same may still be in force and effect and shown of recb the office of the County Clerk of Williamson County, Texas. Except as otherwise noted end, rights and privileges herein granted shall be perpetual; provided, however, that sai ase t "d privileges shall cease and revert to Grantor in the event the said waterline is abandon c to be used, for a period of five (5) consecutive years. Grantor covenants avit 41 *t convey any other easement or conflicting rights within the area 00273191.doc covered by this t 't out t express written consent of Grantee, which consent shall not be unreasonably wit a ]have the right to review any proposed easement or conflicting use of the easement t e ec[, if any, on the waterline contemplated herein. Prior to granting its consent for er en rantee may require reasonable safeguards to protect the integrity of the waterline. As it is paragraph, express written consent of Grantee shall be obtained by Grantor in the foilowin dvance written notice must be given by certified mail to the (1) City of Round Rock City t, 21 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 L•'lterpris 've, and Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have t (1 days in which to respond in writing granting consent, conditioning consent upon teas a rd5, or denying consent. Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's pr lky means of roads and lanes thereon, if such exist, otherwise by such route or r shall occasion the least practicable damage and inconvenience to Grantor; pro ' th ch right of ingress and egress shall not extend to any portion of Grantor's pro whic is isolated from the easement by any public highway or road now c o fter crossing the property; the foregoing right of ingress and egress incl e t of the Grantee to disassemble, remove, take down, and clear away anyN c or other structure which obstructs, prevents, or hinders Grantee's ingr ns from the Grantor's property, and should Grantee deem it necessary to 'sass e, remove, take down, or clear away any such barricade or other structur , shall, as soon as is reasonably feasible, replace or restore Grantor's grope as ' ilar a condition as reasonably practicable as existed immediately prior to n actions pursuant to this provision, unless said barricade or other structure is inco t ith the rights conveyed to Grantee herein; (b) the right of construction, maintaining and usi such ds on and across the property as Grantee may deem necessary in the exercise o righ g ingress and egress; (c) the right to mark the location of the erne suitable markers, provided that such markers shall be placed in locat' ns h w' 1 not interfere with any reasonable use Grantor shall make of the eas , (d) the right to grade the easem r the fu idth thereof and to extend the cuts and fills for such grading into and on the 1 n d outside the easement to such extent as Grantee may find reasonably Fcessary; (e) the right from time to timm and to cut down and clear away any and all trees and brush now or here h sement and to trim and to cut down and clear away any trees on eith r sid F s ent which now or hereafter in the opinion of Grantee may he i! I n alves, appliances or fittings, by reason of the danger of falling thereon or root ' anon therein, or which may otherwise interfere with the exercise of Grantee's h der, provided, however, that all trees which Grantee is hereby aut ri o cut remove, if valuable for timber or firewood, shall continue to be the o but all tops, lops, brush and refuse wood shall be burned or removed t , (f) ri9 'nstall, maintain and use gates in all fences which now cross or shall hereafter s ,the a ement. and (g t 'ght to support the pipelines across ravines and watercourses with such structures as G tee shall deem necessary. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement y 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 11 sed by the exercise of the rights of ingress and egress or by any wrongful or neg i. i�t�r omission of Grantee's agents or employees in the course of their employ p Grantor also retains, reserves, and shall continue to enjoy the surfa fsi� easetent for any and all purposes which do not interfere with and prevent the use by Grantee of sem , including the right to build and use the surface of the easement for private streets, roads, ve alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect ns ct on the easement any building or other structure such as a patio, swimming pool, sport $tor shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or ervoir or other obstruction on the easement, or diminish or substantially add to the groun ver tie pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to a p�rape t , structure, building, or other use inconsistent with the rights conveyed to Grantee by the easem ' ded, however, before constructing any improvements, at least ten (10) days' written notice 11 vided to Grantee of the general plans of the improvement to be constructed on the easement and antor st first obtain the consent and approval from Grantee of the construction and location any ttrt�sr within the easement. It is understood and agreed that anS41i4,,all equi ent and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the ent as a pu 1ic utility waterline easement for the purposes stated herein. TO HAVE AND TO HO t�h, and interests described unto Grantee and its successors and assigns forever, and Grar�tsr do`.s er�b'y+ bind itself, and its successors and assigns and legal representatives, to warrant an a end, all and singular, the above -described easement and rights and interests unto Grantee*iacc and assigns, against every person whomsoever lawfully claiming, or to claim same, or p44 that 1N WTTi� .. , Grantor has caused this instrument to be executed this day of (Signatures on the following page) GRANTOR: &ncrithI.Navis ACKNOWLEDGMENT THE STATE OF COUNTY OF :& 412 This instrument was acknowledged before 2013, by Judith L. Davis, known the foregoing instrument, and acknowledged to me consideration therein expressed. After recording please MIJ After reco Bracy Tttlt 8015 How Austiv(TX X K CpS m 0 1%top" to - Creek Blvd, Suite 01 14 day of the month of 1.6e [he person whose name is subscribed to q7 �e uted the same four the purposes and Public, State of Correnbslon 4 PARCEL 10 DAVIS COUNTY: WILLIAMSON EXHIBIT "A n PROPERTY DESCRIPTION Page 1 of 3 REVISED 04-10-2013 DESCRIPTION OF A 0.095 ACRE (4,146 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16. IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND JK AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 9.095 ACRE (4,146 SQUARE FOOT) TRACT OF LAND BEING MORE FAF2TICU R DESCRIBED AS PART 1, CONTAINING 0.071 ACRE (3,098 SQUARE , AND PART 2, CONTAINING 0.024 ACRE (1,048 SQUARE FE I DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 (0.071 ACRE, 3,098 SQUARE FOOT) BEGINNING FOR REFERENCE at a 3/8' iron rod found, in the northerly b of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann 0eeman�, dys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described byinktrumeh ►ecorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the' (Ohthe st-ei5rner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 2,51, of the Plat Re rds 1liiamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract, also bet In the . oposed northerly right-of-way line of Arterial 'H7 (100' right-of-way width); ^� THENCE, with the common boundary line of the remainder �Y said ,$.96 acre tract and the remainder of said 19.085 acre tract, and being said proposed northerly ��ht�ay - 69°41'16' E for a distance of 22.28 feet to a calculated point for the most westerly corner and POIN$- BEGINNING of the herein described tract; THENCE, departing said common bounds line, t the r of the remainder of said 19.085 acre tract, the P 9 boundary following two (2) courses: 1) Along a curve to the right, having a radlu of 2090.00 feet, a central angle of 04°04'02", with an arc length of 148.37 feet, a chord which bears- � ° '52" E, a distance of 148.34 feet to a calculated point, being the westerly boundary line of a;n11 lf 10 acre tract, for the most northerly corner of the herein described tract; J2) THENCE, with the westerly bof said proposed tract, S 34°50'23" E for a distance of 35.50 feet to a Yz" iron rod with pl ap 'Inland 5050' set, being in said proposed northerly right-of-way line, being the southwe come5f said proposed 0.410 acre tract, for the southeast corner of the herein described tract;,, 3) THENCE; dppartirfg'ft4aeterly boundary line of said proposed tract, with said proposed northerly right-of- way line, Ari air ry to Abe right, having a radius of 4950.00 feet, a central angle of 01°12'11", with an arc length of, {95'f a chord which bears, S 61054'46" W, a distance of 103.9S feet to a %' iron rod with aluminutam ed 'ARTERIAL H' set, being in the common boundary line of the remainder of said 36.9 — tradtd the remainder of said 19.085 acre tract; 4) THENC , th itcommon boundary line of the remainder of said 36.96 acre tract and the remainder of said9acr. ract, and said northerly proposed right-of-way line, 6 69041'16" W for a distance of 46.12 feA6 foi POINT OF BEGINNING, containing 0.071 acres (3,098 square feet) of land, more or less. 1,048 SQUARE FOOT) � FOR REFERENCE at a 318' iron rod found, in the northerly boundary line of the remainder of said ract, being the southeast comer of said Lot 16. being the southwest corner of the remainder of said tract, also being in said proposed northerly right-of-way line of Arterial H; PARCEL 10 DAVIS Page 2 of 3 COUNTY: WILLIAMSON REVISED 04-10-2013 THENCE, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19,085 acre tract, and said proposed northerly right-of-way line, N 69°41'16" E for a distance of 68.40. feet to a'/z' iron rod with aluminum cap stamped 'ARTERIAL H" set; THENCE, departing said common boundary line, with said proposed northerly right-of-way line, thrqugh-tlie to iidr of the remainder of said 19.085 acre tract, along a curve to the left, having a radius of 4950.00 feed central angle of 03"24'40'„ with an arc length of 294.71 feet, a chord which bears, N 60°48'32" E, a distance d 4.66 feed to a /' iron rod with plastic cap stamped 'Inland 5050" set, being the southeasterly comer of said proppa� -Q410 acre tract, for the southwesterly comer and the POINT OF BEGINNING of the herein described tr � THENCE, departing said proposed northerly right-of-way line, through the interior of the retna er said 19.085 acre tact, the following two (2) courses: 1) With the easterly boundary line of said proposed 0.410 acre tract, N 3423" for �a distance of. 44.25 feet to a calculated point for the most northerly corner of the herein descr' ' tra6t;1', 2) Departing the easterly boundary line of said proposed tract, 8 7905043 `E.: r 'a' -distance of 66.87 feet to a calculated point; being in said proposed northerly right-of-way line ,ffar the rnost.easterly corner of the herein described tract; 3) THENCE, with said proposed northerly right-of-way line, aiog a eve to the right, having a radius of 4950.00 feet, a central angle of 00132154", with an arc `iehgth pfj47.38 feet, a 'chord which bears, S 580045" W, a distance of 47.38 feet to the PO IN NING, containing 0.024 acres (1,048 square feet) of land; more -or less. All bearings recited herein are based on the Texap"Stat Plane Coordinate System, Central Zone No. 4203, NAD 83, This property description is accompanied by a separateia�1 That 1, Lawrence M. Russo, a Registered P�ofe onaI Land urveyor, do thereby certify that the above description is true and correct to the best of my knowledge ahbellef and that the property described herein was determined by a survey made on the ground under my dk hgan,ao svpervlsion; 0 WITASS MY HAND AND SEAL at F Inland Geodetics, L-P7 Firm Reg. No. 10059�=0b., 1504 Ch€sholm T `f. Q Round Rock, 8681 512-238-1200 103 No. 5050 County, Texas. S 0 r- o�rma zA�2rwA .i. oimorrnz omC)am0 02 'm m N m� �Nm 0-4Cu rA OZ m,V- +� 0 O; p D, Z 50M in Ttl1 rzrw G S O C IO bgws m moC r r , r 4 r c, n W 1 0. A w o z W m 0 w z 0 O 0 m Om _j N m r, ma 90 ,r;v �m w T--i DT Em z 1 00 0 m m O r CS y D ap c�zrrm C pN m D r N n0A az,[ ;omm.. mmm cM< 1ma� Y ,mA NmS >ZZtto D �rO ^ omyo ifn�wpm zN�E NO 01 z ~ cmm'INOS mp1 O:dz OiO.II i -Dial wz7o v, mCy D1z m O T y c=�amm wam SD,30, m Erna zz-4M zNm im c ovc mo*c mmc crnm �msz Paz w-cz 0 0 Nrn� n tO COi N-4C m Nb0 o mz cm z-Lu XP up zrn az G)mz N x 1 D E s N y v-4 jS OO Mr :0zrin c7= mz� totEM' -1 mmt" .O V. N' -0O O x p 2 -4 0 Naz -1 m- s1N mm mn ;I 12. z m m -1 <T wm i =$zpm mmz� oro0.8g,mosg 0Kco ZoSr m Wz -1r.2 NC0 r =c qq� 1 IZiI ZZ b �m NA N N N N 3 o ^ s ^ �s 9 w O 02 r ��_� Cox �.r c - N haw N* a mo x m CA .e .A q mm �rri 4 N VD aV� .N. 4y 04 ay4N .a Ia, roy m c> �a a m N tttttt T v ° oa t TAN N N N O 1 m o 0 0 O O c a m i S m r m FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013099148 10/17/2013 03:35 PM OPEREZ $45.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Exhibit "C" Sketch 4. 4z5a s • •? , NIP , [ , + 1 .F 1. 1 �r • t tL \\\L\C �+ • • J . ,,�*+�,T"k S�!.r,,.��..,,+ti. • �• _ • :. 0 1. ]i�j W O XNa ,� ` i_'i• ' y .. r+' ._ 'L Y,`s/. � -� to - 1 .[ ��.� ■� � � �* yr' '� � � Q 16. 5 z .� . w �' •. �e , .tea , 'i-k - 0 > Lu w wm A F r1 a0 • • -' •� a Lu go 4 to �- Q J W 4' y' Nv .. �,a • jj ti' • 431 • ' .• • � ,'lip,,' ��_yli :. 1� 'p-',.der �. •. � ..� S�• '��� ' �. - � - FC, /M� •.. ..r � Yy. �• .� ''- •. `r - ' �` ?' -• It � \ l gg ^[•,1' A:: .}.L�4./. \Lwr ►. ntii•i. r...r lh.n n. w • •w /tip •. Yi[' } _: ,A Jan nlw•n� ...•n. r..n l.t.y •fM� ar..I; 'M: e: •- NV ff' -—z/lz/Ol Palled Nd fi0 B50—z/.z/0; ,Panes xP Pos '.tg 15Wrlu J�\.Ells L.[�w�l,�]'!n:lVltlY,!: YGCV.wI;;Inch] v.aia..po_�z.ze-_� aumo.a7.ss.z.M••, :a.,.e„�=,e. �. w„� EXHIBIT "D" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATER LINE AND WASTEWATER EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the CITY OF GEORGETOWN, TEXAS, a Texas municipal corporation, whose current address is 808 Martin Luther King Jr. Street, Georgetown, Texas 78626, and its successors and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Williamson County, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate within said easement, rebuild, repair, and remove a water distribution system and waterlines and wastewater systems and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor (the "Easement Area"), to -wit: All of that 0.069 acre (3,004 square feet) of land, being a portion of that called 38.069 acre tract of land described in a Special Warranty Deed to the City of Georgetown, recorded in Volume 1970, Page 497, of the Official Records of Williamson County; said 0.069 acre (3,004 square feet) being more particularly described as Parcel 2, containing 0.034 acre (1,500 square foot), and Parcel 3, containing 0.035 acre (1,504 square feet) of land more or less, said Parcel 2 and Parcel 3 being more particularly described by metes and bound and sketch in Exhibit "A," attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, 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. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said waterline or wastewater line is abandoned, or shall cease to be used, for a period of two (2) consecutive years. Grantor covenants that it will inform the Grantee of any proposed easements or conflicting use of the Easement Area prior to granting easement or conflicting rights. 00458305/ss2 Grantor further grants to Grantee: (a) the right of ingress and egress from the Easement Area over and across Grantor's property as shall occasion the least practicable damage and inconvenience to Grantor, together with right of constructing, maintaining and using roads on and across the Easement Area as Grantee may deem necessary in the exercise of the right of ingress and egress; (b) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the Easement Area; (c) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement Area which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (d) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement Area; and Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement Area; (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 acknowledges that the easement area is intended for a future public transportation right of way, including such utility, drainage, and other facilities appurtenant thereto, and does accept this Easement subject to the following conditions: 1. Grantee shall, at is sole expense, install and maintain all improvements, and exercise the rights granted herein, in such a way as to not interfere with Grantor's use of the property as a public transportation right of way; 2. Grantee shall bear sole responsibility for costs associated with relocating the facilities, if required, or for mitigating, eliminating, or removing any conflicts with Grantee's improvements caused by Grantor's use of property as a public transportation right of way; 3. Grantee does hereby indemnify and hold harmless Grantor for any damage to Grantee's improvements caused by use of the property by Grantor, its heirs, and successors. It is hereby explicitly understood and affirmed that no such indemnity shall extend to assignees or franchisees of Grantor. Grantor, its successors, and assigns also retains, reserves, and shall continue to enjoy the Easement Area for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement Area, including the right to build and use the surface of the Easement Area for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect 2 or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement Area. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above -described easement and rights and interests unto Grantee, and its successors against every person whomsoever lawfully claiming, or to claim same, or any part thereof. (Signatures and Acknowledgement Next Page) IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of . 2021. GRANTOR: The City of Georgetown Josh Schroeder, Mayor ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the day of the month of , 2021, by Josh Schroeder, Mayor of the City of Georgetown, a Texas municipal corporation , known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. APPROVED, AS TO FORM: City Attorney Please return executed Easement for recording to: Sheets & Crossfield, P.L.L.C, 309 East Main Street Round Rock, TX 78664 4 Signature Printed Name Notary Public, State of Texas