CM-2017-1489 - 10/6/20170
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WATERLINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That, GPT ROUND ROCK OWNER, LLC, a Delaware limited liability company, f/k/a BIG
PROPORTION AUSTIN, LLC, whose current address is c/o Granary Property Trust, 90 Park Avenue, 32°d
Floor, New York, New York, 10016, 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 municipal corporation (hereinafter referred
to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, 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, 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, to -wit:
Lot 1, Block A Lake Creek Center Section Two (Revised), a subdivision in Williamson
County, Texas, according to the map or plat thereof recorded in Cabinet J, Slide 54, Plat
Records, Williamson County, and being more particularly described 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 is abandoned, or shall cease to be used, for a period of two (2) consecutive years.
Grantor covenants that it will not convey any other easement or conflicting rights within the area
covered by this grant following the execution of this easement without the express written consent of
Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any
proposed easement or conflicting use of the easement to determine the effect, if any, on the waterline
contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable
safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent
of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by
certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas
78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of
such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting
consent, conditioning consent upon reasonable safeguards, or denying consent.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement over and across Grantor's property by
means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantor; provided that such
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right of ingress and egress shall not extend to any portion of Grantor's property which is
isolated from the easement by any public highway or road now crossing or hereafter
crossing the property; the foregoing right of ingress and egress includes the right of the
Grantee to disassemble, remove, take down, and clear away any barricade or other
structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the
Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such barricade or other structure, Grantee shall, as soon as is
reasonably feasible, replace or restore Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to Grantee's actions pursuant to this
provision, unless said barricade or other structure is inconsistent with the rights conveyed
to Grantee herein;
(b) the right of construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress;
(c) 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;
(d) the right to grade the easement for the full width thereof and to extend the cuts and fills for
such grading into and on the land along and outside the easement to such extent as Grantee
may find reasonably necessary;
(e) 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 and to trim and to cut down and clear away any
trees on either side of the easement 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;
(f) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement; and
(g) the right to support the pipelines across ravines and watercourses with such structures as
Grantee 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 and repair any
damage it shall do to Grantor's private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and
damage which shall be caused by the exercise of the rights of ingress and egress or by any
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wrongful or negligent act or omission of Grantee's agents or employees in the course of
their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and
all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right
to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens,
lawns, parking areas and other like uses; provided Grantor shall not erect 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, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not
be responsible or liable for the removal, repair or damage to any property, structure, building, or other use
inconsistent with the rights conveyed to Grantee by the easement; provided, however, before constructing
any improvements, at least ten (10) days' written notice shall be provided to Grantee of the general plans of
the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval
from Grantee of the construction and location of any improvements within the easement.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility waterline easement for the purposes stated
herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns 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, its successors and assigns, against every person whomsoever lawfully claiming,
or to claim same, or any part thereof.
¢L,
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this -1 day of
Sepkiu'Q/' , 2017.
(Signatures on the following pages.)
3
GRANTOR:
GPT ROUND ROCK OWNER, LLC,
a Delaware limited liability company,
f/k/a BIG ROP TION AUSTIN, LLC
By:
Managing Director
Sony R� o1 PFev'CL rN,
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
T is strument was acknowledged before me on
rn , 2017, by Britton Winterer, Managing
ROUND ROCK)OWNER, LLC, a Delaware limited liability c
whose name is subscribed to the foregoing instrument, and ac c
as the act and deed of and on behalf of said entity and in
consideration therein expressed.
El
this the 7 -A day of the month
Director and authorized agent of GPT
Fe
pany, nown by me to be the person
edgedto me that he executed the same
capacity 4d for the purposes and
FrintUcl Name P1.
Notary PublicState of A A G ✓1
Commonwealth of Pennsylvania
Notarial Seal
SUZANNE SARVER- Notary Public
HORSHAM TWP, MONTGOMERY COUNTY
My Commission Expires May 26, 2021
ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By:
�akS i3� rr t1) As sl CL --(V x
Date: —IC -6 - I -7/
After recording please return to:
Development Services Office
301 W. Bagdad Ave., Suite 140
Round Rock, TX 78664
FOR CITY, ATTEST:
By:
Sara L. White, City Clerk
S 61'20'14" W
15.11'
EXHIBIT A
15' WATER EASEMENT aL
SUBJECT TRACT
0.04 AC
(1,824 SF) 0 20 40 80
�o
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-A
o, O O
co.
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LOT 1, BLOCK A
LAKE CREEK CENTER
SEC. 2 0
(CAB J, SL 54)
P.O.B.
N: 6140269.727
E: 2224662.821
NOTE: BEARING BASIS: NAD 83,
TEXAS CENTRAL (4203), STATE
PLANE SYSTEM, DISTANCES
SHOWS HEREON ARE SURFACE
VALUES IN THE GRID POSITION.
GRAPHIC SCALE IN FEET
S 68'09'02" W
9.94'
N 21'50'58" W
14.92'
�N 68'09'02" E
24.94'
THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY CLAYTON J. STROLLS, P.E. 108906 ON
05/11/2017. ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS
ENGINEERING PRACTICE ACT.
7657 ROAD, SUITE 1400 EXHIBIT A
Pacheco Koch
DALLASS,, TX iX 75 76231 972236.3031
.9 TX REG. ENGINEERING FIRM F-14-439 PROPORTION FOODS
TX REG, SURVEYING FIRM LS -10193805 LOCATED IN THE CITY OF ROUND ROCK
DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER WILLIAMSON COUNTY, TEXAS
MJD CJS 1"=40 05/11/2017 1 3808-16.405 PAGE 1 OF 1
City of Round Rock
J�ROUND ROCK
XAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Waterline Easement needed from GPT Round Rock
Owner, LLC (Proportion Foods) for the Lake Creek Center Section Two
development project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/6/2017
Dept Director: Steve Sheets
Cost: $10.00
Indexes:
Attachments: 00387125.PDF, 00387165.PDF
Department: Legal Department
Text of Legislative File CM -2017-1489
Consider executing a Waterline Easement needed from GPT Round Rock Owner, LLC
(Proportion Foods) for the Lake Creek Center Section Two development project.
GPT Round Rock Owner, LLC (Proportion Foods) requested official City "acceptance" of
the Easement ue to City obligations to repair, indemnify, etc.
Cost: $10.00
Source of Funds: Easements/General Utilities
Cityof Round Rock Page 1 Printed on 1016/2017