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HomeMy WebLinkAboutRES 032222-J - Broken Oak WastewaterRESOLUTION NO. (�3 ZUZ—S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING ACCEPTANCE OF THREE WATER LINE EASEMENTS IN THE LEWIS P. DYCHES SURVEY, ABSTRACT 171, FROM CORNELIUS LEE HOCKER, JR. AND PATRICIA RAY HOCKER, DOUGLAS MEADOWS AND RACHEL D. MEADOWS, AND ONUD LLC WHEREAS, Gary and Lynne Newman ("Newman") own 40.23 acres located at 7811 RR 2338 (the "Property"), just north of Gabriel Woods and the intersection of Williams Drive and CR 245, and they intend to develop the site as a single-family residential subdivision known as "Broken Oak"; and WHEREAS, in order to connect to the City's wastewater system, Newman must construct an off -site 12-inch wastewater line from the Property to the existing facilities near the entrance of the new Tres Tierras subdivision; and WHEREAS, the line will cross properties owned by Cornelius Lee Hocker, Jr. and Patricia Ray Hocker ("Hocker"), Douglas Meadows and Rachel D. Meadows ("Meadows"), and ONUD LLC ("ONUD"); and WHEREAS, the City's Utility Extension and Improvement Policy, adopted by Ordinance No. 900404, requires that "all necessary easements" be donated as a condition of providing service to the development; and WHEREAS, in exchange for granting the required easements, Hocker and Meadows are seeking reservations of capacity within the City's wastewater system in the amount of 3,500 gallons per day (GPD) per acre, and Newman's engineer has verified that the proposed wastewater extension will be built to accommodate the needs of Broken Oak and these reservations; and WHEREAS, ONUD seeks the ability to grant other utilities the right to cross the easement area, at angles of not less than 45 degrees and subject to the City's ordinances; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the easements with these modified terms; Resolution No. 03 Z '7—Z 2, — :S Description: Acceptance of Broken Oak Wastewater Easements Date Approved: Page 1 of 2 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. Upon satisfaction of any outstanding title matters, City Staff is hereby authorized to accept the conveyance of a Wastewater Easement from Hocker to the City in a form substantially similar to the Wastewater Easement agreement attached hereto as Exhibit A and incorporated herein, and to maintain the facilities within the Easement Areas upon their completion and acceptance. SECTION 3. Upon satisfaction of any outstanding title matters, City Staff is hereby authorized to accept the conveyance of a Wastewater Easement from Meadows to the City in a form substantially similar to the Wastewater Easement agreement attached hereto as Exhibit B and incorporated herein, and to maintain the facilities within the Easement Areas upon their completion and acceptance. SECTION 4. Upon satisfaction of any outstanding title matters, City Staff is hereby authorized to accept the conveyance of a Wastewater Easement from ONUD to the City in a form substantially similar to the Wastewater Easement agreement attached hereto as Exhibit C and incorporated herein, and to maintain the facilities within the Easement Areas upon their completion and acceptance. SECTION 5. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall be effective immediately upon adoption and execution by the Mayor. PASSED AND API #OVED on this h Z day of , 2022. CITY OF GEOROETOWN ATTEST: Lo Schroeder, N� Robyn DeKsinore, City Secretary APPROVED AS TO FORM: S ye sson, Vity Attorney Resolution No. Description: Acceptance of Broken Oak Wastewater Easements Date Approved: HruCAN_ Page 2 of 2 EXHIBIT A WASTEWATER EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This Agreement (this "Agreement") is made on the day of , 2022, at Georgetown, Texas, between Cornelius Lee Hocker, Jr. and Patricia Ray Hocker, whose address is 7999 Ranch Road 2338, Georgetown, Texas 78633 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of wastewater lines and related facilities (collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (the "Easement Area"). 2. The Easement and the rights and privileges herein conveyed are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Easement Area; and (3) the right to remove from the Easement Area all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 6. As additional consideration, the City agrees to reserve, and guarantee to Grantor, and Grantor's heirs, successors or assigns, as owners of the Grantor's property, being a 25- GEORGETOWN WASTEWATER EASEMENT Page 1 of 4 CoG Project No. CoG Map Quad No. acre tract of land more particularly described in a deed to Grantor recorded in Document No. 2002027509 of the Official Public Records of Williamson County, Texas (the "Grantor Property"), wastewater capacity in the amount of 87,500 gallons per day to service the Grantor Property. Grantee and Grantor agree that said reserved capacity shall be available under the following conditions: (a) Grantor shall not claim such reserved wastewater capacity prior to the initial completion of the Facilities within the Easement Area; (b) Grantor may claim such reserved capacity immediately upon (i) completion and acceptance of the Facilities within the Easement Area by Grantee, and (ii) Grantor, or Grantor's heirs, successors, or assigns, successfully applies for wastewater service and complies with any applicable City ordinances in the application for, or use of, the above -described wastewater service capacity, including any annexation requirements and payment of any required fees; and (c) any unused portion of such guarantee and reservation shall expire and be of no further force or effect following the 30th anniversary of the execution of this document. Nothing in the above paragraph shall be construed to release Grantor, nor Grantor's heirs, successors or assigns, from any requirement to comply with applicable City ordinances in the application for, or use of, the above -described wastewater service capacity, including any annexation requirements; nor from any connection or impact fees for applicable portions of such capacity as used, as such fees are generally applicable at the time of connection of the applicable capacity to the City of Georgetown wastewater system. 7. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. Notwithstanding the foregoing, Grantor hereby reserves the right to cross the Easement Area at any time, and Grantor's access to and from the remainder of Grantor's property will not be prevented during work within the Easement Area or at any time thereafter. 8. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 9. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. [Signatures on the following page(s)] GEORGETOWN WASTEWATER EASEMENT Page 2 of 4 CoG Project No. CoG Map Quad No. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of , 20 GRANTOR: Cornelius Lee Hocker, Jr. Patricia Ray Hocker STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 20, by Cornelius Lee Hocker, Jr. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 20, by Patricia Ray Hocker. GEORGETOWN WASTEWATER EASEMENT CoG Project No. CoG Map Quad No. Notary Public, State of Texas Page 3 of 4 GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation By: _ Name: Title: STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 20_, by of City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: Assistant City Attorney AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 GEORGETOWN WASTEWATER EASEMENT Page 4 of 4 CoG Project No. CoG Map Quad No. EXHIBIT A LANDESIGN SERVICES, INC. 10090 W Highway 29 I Liberty Hill, Texas 78642 TBPELS Firm No. 10001800 1 512-23 8-7901 office EXHIBIT " " METES AND BOUNDS DESCRIPTION BEING 0.343 OF ONE ACRE (14,926 SQUARE FEET) OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., SITUATED IN THE LEWIS P. DYCHES SURVEY, ABSTRACT NO. 171 IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 25.00 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO CORNELIUS LEE HOCKER, JR. AND PATRICIA RAY HOCKER, RECORDED IN DOCUMENT NO. 2002027509 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch rebar found for the Southeast corner of said 25.00 acre tract and the common Northeast corner of a called 3.23 8 acre tract of land described as Tract 1 in a Warranty Deed with Vendor's Lien to Gary Lee Newman and wife, Lynne C. Newman, recorded in Document No. 2003105240 of said O.P.R.W.C.T., also being in the existing Westerly right-of- way line of Ranch Road 2338 (R.O.W. Varies); THENCE South 68°38' 14" West with the North line of said 3.238 acre tract and the common South line of said 25.00 acre tract, a distance of 25.33 feet to a Calculated Point for the POINT OF BEGINNING of the herein described tract; THENCE South 68038'14" West continuing with the North line of said 3.238 acre tract and the common South line of said 25.00 acre tract, a distance of 32.52 feet to a Calculated Point; THENCE over and across said 25.00 acre tract, the following four (4) courses and distances: 1. North 01120'43" East a distance of 29.19 feet to a Calculated Point; 2. North 22008130" West a distance of 228.79 feet to a Calculated Point; 3. North 22138'34" West a distance of 215.67 feet to a Calculated Point; and biK:\21005 - C'SP Newman fracllDescriplions\CSI' Newman OS Esntl I NUK.B.doc Page I of 3 4. North 20142142" West a distance of 24.18 feet to a Calculated Point in the North line of said 25,00 acre tract and the common South line of a called 11.59 acre tract of land described in a General Warranty Deed with Vendor's Lien to Douglas Meadows and Rachel D. Meadows, recorded in Document No. 2014042121 of said O.P.R.W.C.T.; THENCE North 68046'27" East with the North line of said 25.00 acre tract and the common South line of said 11.59 acre tract, a distance of 30.00 feet to a Calculated Point, from which a Texas Department of Transportation (TxDOT) Type I Concrete Monument found in the East line of said 11.59 acre tract and the common existing Westerly right-of-way line of said Ranch Road 2338, bears North 07015'30" West a distance of 71.81 feet; THENCE over and across said 25.00 acre tract, the following four (4) courses and distances: 1. South 20142'42" East a distance of 23.95 feet to a Calculated Point; 2. South 22138'34" East a distance of 215.29 feet to a Calculated Point; 3. South 22108'30" East a distance of 235.16 feet to a Calculated Point; and 4. South 01°20'43" West a distance of 22.87 feet to the POINT OF BEGINNING and containing 0.343 of one acre (14,926 Sq. Ft.) of land, more or less. This project is referenced for all bearing and coordinate basis to the Texas Coordinate System, North American Datum of 1983 (NAD83 — 2011 Adjustment), Central Zone (4203). All distances shown hereon are surface values represented in U.S. Survey Feet based on a grid -to -surface combined adjustment factor of 1.000106741. This property description was prepared from an on -the -ground survey performed under my supervision and is accompanied by a separate plat of even date. The field work was completed on August 5, 2021. Landesign $prvices, lny. �f a Tor VIS S. TABRegistered (YT Professional Land Surveyor• •• •• •• • 6428State of Texas No. 6428 suRu,cv°Q Job Number: 20-067 Attachments: K:\21005 - CSF Newman Tract\CAD\DWGs\CSF Newman OS Esmt l.dwg hiK:\21005 - OS 13smt I &13.doc Ngle 2 ol•3 EXHIBIT B ONUD LLC (541 ACRES) DOC. NO. 2021030106 0, P. R. W.C.T, DOUGLAS MEADOWS AND RACHEL D. MEADOWS (11.59 ACRES) DOC. NO. 2014042121 O.P.R.W.C.T. 1 v ®' 8' 42' 5' 1[10' GRAPHIC SCALE LEGEND 1/2-INCH REBAR FOUND (OR AS NOTED) ��II 0 TX.D.O.T. TYPE I CONCRETE MONUMENT FOUND CALCULATED POINT NOT SET Q1 O.P.R.W.C.T, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS Ls r R.O.W. RIGHT-OF-WAY r� LEfvrs 1, s 1Es sun �°F rF C� �1 VEI' C, d' TRA- "ISS. TABOR 0 642El v1 CORNELIUS LEE HOCKER, JR. AND PATRICIA RAY HOCKER (25.00 ACRES) DOC. NO. 2002027509 0. P. R. W.C.T. GENERAL NOTES: �V EASEMENT--" 0.343 OF ONE ACRE (14,926 SQ. FT.) THIS PROJECT IS REFERENCED FOR ALL BEARING AND COORDINATE BASIS TO THE TEXAS COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83 - 2011 ADJUSTMENT), CENTRAL ZONE (4203). DISTANCES AND AREAS SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.000106741. 10B NUMBER: 21-005 CDATE: 12/1 3ROJECT NAME: CSF NEWMAN TRACT )RAWING NAME: CSF NEWMAN OS ESMT 1 )RAWING FILE PATH: C:/21005 - CSF NEWMAN TRACT/CAD\DWGS �2 �y o 7 cp r-� _ POINT OF - BEGINNING LINE TABLE LINE # BEARING DISTANCE L1 S68'38'14"W 25.33' L2 S68'38'14"W 32.52' L3 N01'20'43"E 29.19' L4 N20'42'42"W 24.18' L5 N68'46'27"E 30.00' L6 N07'15'30"W 71.81' L7 S20'42'42"E 23,95' L8 S01'20'43"W 22.87' GARY LEE NEWMAN AND WIFE, LYNNE C. NEWMAN TRACT 1 (3.238 ACRES) DOC. NO. 2003105240 0. P. R. W. C.T. u1ETES AND BOUNDS FILE PATH: C: j21005 - CSF NEWMAN TRACT/DESCRIPTIONS RPLS: TST TECH: JRM PARTY CHIEF: N A CHK BY: HAS 3HEET 03 of 03 FIELDBOOKS N/A 03 of FIELDBOOKS N/A�CALE:1 "= 100:1 "= 100 '*- POINT OF COMMENCING LANDESIGN* S SERVICES, INC. 10090 W HIGHWAY 29, LIBERTY HILL, TEXAS 78642 TBPELS FIRM NO. 10001800 512-238-7901 1*141II1.1181.3 WASTEWATER EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This Agreement (this "Agreement") is made on the day of , 2022, at Georgetown, Texas, between Douglas Meadows and Rachel D. Meadows, whose address is 8201 Ranch Road 2338, Georgetown, TX 78633 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of wastewater lines and related facilities (collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (the "Easement Area"). 2. The Easement and the rights and privileges herein conveyed are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Easement Area; and (3) the right to remove from the Easement Area all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 6. As additional consideration, the City agrees to reserve, and guarantee to Grantor, and Grantor's heirs, successors or assigns, as owners of the Grantor's property, being a GEORGETOWN WASTEWATER EASEMENT Page 1 of 4 CoG Project No. CoG Map Quad No. called 11.59-acre tract of land more particularly described in a deed to Grantor recorded in Document No. 2014042121 of the Official Public Records of Williamson County, Texas (the "Grantor Property"), wastewater capacity in the amount of 68,565 gallons per day to service the Grantor Property. Grantee and Grantor agree that said reserved capacity shall be available under the following conditions: (a) Grantor shall not claim such reserved wastewater capacity prior to the initial completion of the Facilities within the Easement Area; (b) Grantor may claim such reserved capacity immediately upon (i) completion and acceptance of the Facilities within the Easement Area by Grantee, and (ii) Grantor, or Grantor's heirs, successors, or assigns, successfully applies for wastewater service and complies with any applicable City ordinances in the application for, or use of, the above -described wastewater service capacity, including any annexation requirements and payment of any required fees; and (c) any unused portion of such guarantee and reservation shall expire and be of no further force or effect following the 30th anniversary of the execution of this document. Nothing in the above paragraph shall be construed to release Grantor, nor Grantor's heirs, successors or assigns, from any requirement to comply with applicable City ordinances in the application for, or use of, the above -described wastewater service capacity, including any annexation requirements; nor from any connection or impact fees for applicable portions of such capacity as used, as such fees are generally applicable at the time of connection of the applicable capacity to the City of Georgetown wastewater system. 7. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. 8. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 9. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. [Signatures on the following page(s)] GEORGETOWN WASTEWATER EASEMENT Page 2 of 4 CoG Project No. CoG Map Quad No. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of , 20 GRANTOR: Douglas Meadows Rachel D. Meadows STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 20by Douglas Meadows. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 20_, by Rachel D. Meadows. Notary Public, State of Texas GEORGETOWN WASTEWATER EASEMENT Page 3 of 4 CoG Project No. CoG Map Quad No. GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation By: _ Name: Title: STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 20, by of City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: , Assistant City Attorney AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 GEORGETOWN WASTEWATER EASEMENT Page 4 of 4 CoG Project No. CoG Map Quad No. LILANDESIGN* S SERVICES., INC. 10090 W Highway 29 1 Liberty Hill, Texas 78642 TBPELS Firm No. 10001800 1 512-238-7901 office EXHIBIT " METES AND BOUNDS DESCRIPTION BEING 0.101 OF ONE ACRE (4,390 SQUARE FEET) OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., SITUATED IN THE LEWIS P. DYCHES SURVEY, ABSTRACT NO. 171 IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 11.59 ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED WITH VENDOR'S LIEN TO DOUGLAS MEADOWS AND RACHEL D. MEADOWS, RECORDED IN DOCUMENT NO. 2014042121 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch rebar found for the Northeast corner of said 11.59 acre tract and the common Southeast corner of a called 54.91 acre tract of land described in a Special Warranty Deed with Vendor's Lien to Onud LLC, recorded in Document No. 2021030106 of said O.P.R.W.C.T., also being in the existing Westerly right-of-way line of Ranch Road 2338 (R.O.W. Varies), from which a Texas Department of Transportation (TxDOT) Type I Concrete Monument found in the East line of said 11.59 acre tract and the common existing Westerly right-of-way line of said Ranch Road 2338, bears South 20°56'47" East a distance of 66.19 feet; THENCE South 83°20'00" West with the North line of said 11.59 acre tract and the common South line of said 54.91 acre tract, a distance of 16.91 feet to a Calculated Point for the POINT OF BEGINNING of the herein described tract; THENCE South 20042'42" East over and across said 11.59 acre tract, a distance of 140.21 feet to a Calculated Point in the South line of said 11.59 acre tract and the common North line of a called 25.00 acre tract of land described in a Warranty Deed to Cornelius Lee Hocker, Jr. and Patricia Ray Hocker, recorded in Document No. 2002027509 of said O.P.R.W.C.T.; THENCE South 68146127" West with the South line of said 11.59 acre tract and the common North line of said 25.00 acre tract, a distance of 30.00 feet to a Calculated Point; THENCE over and across said 11.59 acre tract, the following two (2) courses and distances: 1. North 20142'42" West a distance of 136.47 feet to a Calculated Point; and bi1021005 - CSF Neavman "I'ract\Descriptions\CSI- Newman OS Esort 2 M8C13.doc Page I ol'3 2. North 59°36'43" West a distance of 18.54 feet to a Calculated Point in the North line of said 11.59 acre tract and the common South line of said 54.91 acre tract; THENCE North 83°20100" East with the North line of said 11.59 acre tract and the common South line of said 54.91 acre tract, a distance of 42.93 feet to the POINT OF BEGINNING and containing 0.101 of one acre (4,390 Sq. Ft.) of land, more or less. This project is referenced for all bearing and coordinate basis to the Texas Coordinate System, North American Datum of 1983 (NAD83 — 2011 Adjustment), Central Zone (4203). All distances shown hereon are surface values represented in U.S. Survey Feet based on a grid -to -surface combined adjustment factor of 1.000106741. This property description was prepared from an on -the -ground survey performed under my supervision and is accompanied by a separate plat of even date. The field work was completed on August 5, 2021. Landesign Services, Inc. H 1� or4low °'ravis S. ' bor 0R'.. Professional Land Surveyor ............Registered PState of Texas No. 6428 dP Job Number: 20-067 Attachments: K:\21005 - CSF Newman Tract\CAD\DWGs\CSF Newman OS Esmt 2.dwg biK:v21005 - CSI OS F,smt 2 &, B.doc Page 2 ol'3 ONUD LLC (54.91 ACRES) DOC. NO. 2021030106 O.P.R.W.C.T. POINT OF BEGINNING L4 I7 o a DOUGLAS MEADOWS AND RACHEL D. MEADOWS (119 ACRES) DOC. NO. 2014042121 O.P.R.W.C.T. LzWIS P. C7' 1711 R'V GENERAL NOTES: j . B 4. T. 5. ^p. GRAPHIC SCALE LEGEND i 1/2—INCH REBAR FOUND (OR AS NOTED) ��€€ TX.D.O.T. TYPE I CONCRETE MONUMENT FOUND I� CALCULATED POINT NOT SET O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS R.O.W. RIGHT—OF—WAY POINT OF r-COMMENCING S20042'42"E 140.21' EASEMENT 0.101 OF ONE ACRE (4,390 SQ. FT.) \1 CORNELIUS LEE HOCKER, JR. AND PATRICIA RAY HOCKER (25.00 ACRES) DOC, NO. 2002027509 O.P.R.W.C.T. THIS PROJECT IS REFERENCED FOR ALL BEARING AND COORDINATE BASIS TO THE TEXAS COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83 — 2011 ADJUSTMENT), CENTRAL ZONE (4203). DISTANCES AND AREAS SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID —TO —SURFACE COMBINED ADJUSTMENT FACTOR OF 1.000106741. JOB NUMBER: 21-005 1 DATE: 12/13/2021 PROJECT NAME: CSF NEWMAN TRACT DRAWING NAME: CSF NEWMAN OS ESMT 2 DRAWING FILE PATH: K:\21005 — CSF NEWMAN TRACT\CAD\DWGS METES AND BOUNDS FILE PATH: K:\21005 — CSF NEWMAN TRACT\DESCRIPTIONS RPLS: TST TECH: JRM PARTY CHIEF: N A ICHK BY: HAS SHEET 03 of 03 FIELDBOOKS NIA I SCALE:1 "= 100 1212o1Zo2/ 4, G -37_ LINE TABLE LINE # BEARING DISTANCE L1 S83'20'00"W 16.91' L2 S68'46'27"W 30.00' L3 N59'36'43"W 18.54' L4 N83'20'00"E 42.93' L5 S20'56'47"E 66.19' LILANDESIGN* SERVICES, INC. 10090 W HIGHWAY 29, LIBERTY HILL, TEXAS 78642 TBPELS FIRM NO. 10001800 512-238-7901 EXHIBIT C WASTEWATER EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This Agreement (this "Agreement") is made on the day of , 2022, at Georgetown, Texas, between ONUD LLC, a Texas limited liability company, whose address is 6706 W Courtyard, Austin, Texas 78730, ATTN: Joe Owen (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of wastewater lines and related facilities (collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (the "Easement Area"). 2. The Easement and the rights and privileges herein conveyed are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Easement Area; and (3) the right to remove from the Easement Area all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants GEORGETOWN WASTEWATER EASEMENT Page 1 of 4 CoG Project No. CoG Map Quad No. that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant, excepting easements which may cross this Easement at angles of not less than forty-five (45) degrees as may be necessary for dry utilities, subject to the following requirements: (1) the construction, placement, maintenance, inspection, operation, repair, alteration, replacement, and/or removal of the dry utilities shall not unreasonably interfere with Grantee's use of the Easement Area, and (2) all improvements shall be installed in accordance with applicable sections of the City of Georgetown Municipal and Unified Development Codes. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 8. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. [Signatures on the following page(s)] GEORGETOWN WASTEWATER EASEMENT Page 2 of 4 CoG Project No. CoG Map Quad No. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of , 20 GRANTOR: ONUD LLC, A Texas limited liability company Lo STATE OF TEXAS § COUNTY OF TRAVIS § Joe Owen, Manager This instrument was acknowledged before me on this the _ day of , 20_, by Joe Owen, as Manager of ONUD LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas GEORGETOWN WASTEWATER EASEMENT Page 3 of 4 CoG Project No. CoG Map Quad No. GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation By: _ Name: Title: STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 20, by of City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: Assistant City Attorney AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 GEORGETOWN WASTEWATER EASEMENT Page 4 of 4 CoG Project No. CoG Map Quad No. LANDESIGN* SERVICES, INC. 10090 W Highway 29 I Liberty Hill, Texas 78642 TBPELS Firm No. 10001800 1 512-23 8-7901 office EXHIBIT " " METES AND BOUNDS DESCRIPTION BEING 0.237 OF ONE ACRE (10,310 SQUARE FEET) OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., SITUATED IN THE LEWIS P. DYCHES SURVEY, ABSTRACT NO. 171 IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 54.91 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO ONUD LLC, RECORDED IN DOCUMENT NO. 2021030106 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch rebar found for the Southeast corner of said 54.91 acre tract and the common Northeast corner of a called 11.59 acre tract of land described in a General Warranty Deed with Vendor's Lien to Douglas Meadows and Rachel D. Meadows, recorded in Document No. 2014042121 of said O.P.R.W.C.T., also being in the existing Westerly right-of-way line of Ranch Road 2338 (R.O.W. Varies), from which a Texas Department of Transportation (TxDOT) Type I Concrete Monument found in the East line of said 11.59 acre tract and the common existing Westerly right-of-way line of said Ranch Road 2338, bears South 20°56'47" East a distance of 66.19 feet; THENCE South 83°20'00" West with the South line of said 54.91 acre tract and the common North line of said 11.59 acre tract, a distance of 16.91 feet to a Calculated Point for the POINT OF BEGINNING of the herein described tract; THENCE South 83120100" West continuing with the South line of said 54.91 acre tract and the common North line of said 11.59 acre tract, a distance of 42.93 feet to a Calculated Point; THENCE over and across said 54.91 acre tract, the following six (6) courses and distances: 1. North 59136'43" West a distance of 287.58 feet to a Calculated Point; 2. North 07144149" East a distance of 58.09 feet to a Calculated Point; 3. South 77158'33" East a distance of 30.08 feet to a Calculated Point; LSIK:\21005 - CSI' Ne%emvi 'frticl\Descriptions\CSI' NeN\,m in OS IEsml 3 N1&13.doc Paige I ol'3 4. South 07044149" West a distance of 35.86 feet to a Calculated Point; 5. South 59136'43" East a distance of 296.72 feet to a Calculated Point; and 6. South 20°42'42" East a distance of 6.58 feet to the POINT OF BEGINNING and containing 0.237 of one acre (10,310 Sq. Ft.) of land, more or less. This project is referenced for all bearing and coordinate basis to the Texas Coordinate System, North American Datum of 1983 (NAD83 — 2011 Adjustment), Central Zone (4203). All distances shown hereon are surface values represented in U.S. Survey Feet based on a grid -to -surface combined adjustment factor of 1.000106741. This property description was prepared from an on -the -ground survey performed under my supervision and is accompanied by a separate plat of even date. The field work was completed on August 5, 2021. Landesign Services, In V'IiE OF f^ �� �4 p � r'' Q� �• tl�QA Travis S. abor "' TF;AIlIS S • f..IB�R Registered Professional Land Surveyor "l; �......•.••.......•••••�.•... 6428 State of Texas No. 6428 ap t'. a.• Job Number: 21-005 Attachments: K:\21005 - CSF Newman Tract\CAD\DWGs\CSF Newman OS Esmt 3.dwg hi1021005 - CSF Ncwm in 'Tract\Descril)tions\CSI' Nc\\,man OS Esinl 3 Nl""B.doc Page 2 ol'3 ONUD LLC (54.91 ACRES) DOC. NO. 2021030106 O.P.R.W.C.T. Do.. O � 2 N77 � � TrE¢6$01 ~ EASEMENT 0.237 OF ONE ACRE (10,310 SQ. FT.) 00 I L2 �— i DOUGLAS MEADOWS AND -� RACHEL D. MEADOWS (11.59 ACRES) DOC. NO. 2014042121 0. P. R. W. C.T. LEWIS 1 0' 8' fi' i' 2' 50' 101' GRAPHIC SCALE LEGEND • 1/2—INCH REBAR FOUND (OR AS NOTED) ��II TX.D.O.T. TYPE I CONCRETE MONUMENT FOUND I\ 0 CALCULATED POINT NOT SET O.P.R.W.C.T, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS R.O.W. RIGHT—OF—WAY POINT OF L6 COMMENCING r� 1 L1 POINT OF BEGINNING CORNELIUS LEE HOCKER, JR. AND PATRICIA RAY HOCKER (25.00 ACRES) DOC. NO. 2002027509 0. P. R. W.C.T. GENERAL NOTES: THIS PROJECT IS REFERENCED FOR ALL BEARING AND COORDINATE BASIS TO THE TEXAS COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83 — 2011 ADJUSTMENT), CENTRAL ZONE (4203). DISTANCES AND AREAS SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID —TO —SURFACE COMBINED ADJUSTMENT FACTOR OF 1.000106741. JB NUMBER: 21-005 I D ROJECT NAME: CSF NEWMAN TRACT RAWING NAME: CSF NEWMAN OS ESMT 3 RAWING FILE PATH: \21005 — CSF NEWMAN TRACT\CAD\DU ETES AND BOUNDS FILE PATH: lZ/-zOlZ o Z/ LINE TABLE LINE # BEARING DISTANCE L1 S83'20'00"W 16.91' L2 S83'20'00"W 42.93' L3 N07'44'49"E 58.09' L4 S77'58'33"E 30.08' L5 S07'44'49"W 35.86' L6 S20'42'42"E 6,58' L7 S20'56'47"E 66.19' 12/14/2021 7S I LANDESIGN5ERVICES, INC. \21005 — CSF NEWMAN TRACT\DESCRIPTIONS PLS: TST TECH: JRM IPARTY CHIEF: N/A CHK BY: HAS HEET 03 of 03 IFIELDBOOKS N/A SCALE:1 "= 100' 10090 W HIGHWAY 29, LIBERTY HILL, TEXAS 78642 TBPELS FIRM NO. 10001800 512-238-7901