CM-2018-1612 - 1/26/2018ELECTRONICALLY RECORDED 2018007786
Williamson County, Texas Total Pages: 5
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That DAN HUGGINS, his 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 CITY OF ROUND ROCK, TEXAS (hereinafter referred to as
"Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto Grantee a Temporary Construction Easement, in, upon, over, under,
above and across the following described property of Grantor, to -wit:
See Exhibit "A", attached hereto and made a part hereof for all intents and
purposes (the "Property").
Said temporary construction easement shall be for the purpose of allowing Grantee, or its
agents, to conduct certain grading activities on the property. 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, shown of record in the office of the County Clerk of Williamson County, Texas.
Grantee shall have the right and privilege at any and all times to enter said Property for the
above-described purpose; all upon the condition that upon completion of construction referenced
herein the Property is restored to the condition stated below. Additionally, Grantee shall be
allowed to use the area designated on Exhibit A as "Staging Area" for the storage of construction
equipment and materials, and incidental purposes during the term of this Temporary Construction
Easement.
At no time during the grant of this easement shall Grantor be denied reasonable access to
the Property for the purposes to which the parent tract is currently being put, unless there is an
agreement between Grantor and Grantee in advance.
This Temporary Construction Easement shall expire fifteen (15) months after execution of
this Agreement or upon completion of the construction referenced herein, whichever comes first.
Grantee hereby covenants and agrees:
(a) 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 wrongful or negligent act or omission of Grantee's agents or employees in
the course of their employment.
(b) Grantor also retains, reserves, and shall continue to enjoy the surface of such
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2018007786 Page 2 of 5
Temporary Construction Easement for any and all purposes which do not interfere
with and prevent the use by Grantee of the Temporary Construction Easement.
(c) Grantee may remove the fence along the common boundary of the Grantor's
property and the property of his southern neighbor during construction. Grantee
will replace the fence with a fence deemed appropriate by the Grantee after
construction. Grantee shall not be responsible for maintenance of the fence after
installation. Grantee will endeavor to avoid damage to existing trees along said
common boundary not in conflict with the construction referenced herein; Grantor
will allow minor deviation on the remainder of Grantor's property near said
common boundary as necessary for Grantee to avoid such existing trees.
(d) As additional consideration, Grantee will construct ramps to provide Grantor an
area to cross easements previously conveyed to Grantee at the location as generally
shown on Exhibit "A". The ramps will have a maximum slope of 4 horizontal to 1
vertical.
(e) Furthermore, as additional consideration, Grantee will construct a fence on both
sides of the easement previously conveyed to Grantee and will provide gates at the
ramps as described in (d) above as generally shown on Exhibit "A" The design of
the fence and gates will be at the sole discretion of Grantee; the fence will be a
minimum of four feet tall and the gates will be a minimum of ten feet wide.
Grantee shall not be responsible for maintenance of the fence and gates after
installation.
(f) Grantee will grade, smooth and then seed, sod, or otherwise permanently stabilize
all areas of the Property disturbed by Grantee during use of the Temporary
Construction Easement, as determined appropriate by the Grantee. Seed or sod will
be either Bermuda or St. Augustine, depending on the grass in the surrounding
area. If warranted, a cool season crop will also be installed. Grantee will ensure that
the grass is properly watered for one week after placement. Grantee will have no
further obligation to maintain the grass after seeding and watering is satisfactorily
completed.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Temporary Construction 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this I Z —
day of J,P_vX✓r1L.r i ,2018,
(acknowledgments on following page)
2
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF c~1 klqmSCI�'�-
This
instrument was
_, 20 VS by
considerate n recited therein.
Eltv�
BONNIE PARKS
MY COMMISSION EXPIRES
4' 0r May 7, 2019
STATE OF TEXAS
2018007786
Page 3 of 5
acknowledged before me on this the 1,T day of
Dan Huggins, in the capacity and for the purposes and
otary P&I s4ate of Texas
GRANTEE:
City of Round Rock, Texas
By:
L
ACKNOWLEDGMENT
COUNTY OF A01lidfflUt)
�- This instrument was acknowledged before me on this theday of
AAI tA A I a
UAJA -1
201$ by L in the capacity and for the purposes and
considera on recited therein. 00 Gf'f
,.•`Y P/� BLANCA GILLIS
ls t f Texas Notary Public, Stat of Texas
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Comm. Expires 03-15-2020
6i'e;�` Notary ID 130582387
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2018007786 Page 5 of 5
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018007786
Pages- 5 Fee- $33.00
01/29/2018 04.22 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Temporary Construction Easement with Joel Nunez
which is required for the Dry Branch Tributaries Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/26/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes: 2014 Drainage Revenue Bonds
Attachments: Easement, IAF, MAP
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1613
Consider executing a Temporary Construction Easement with Joel Nunez which is
required for the Dry Branch Tributaries Project.
The Dry Branch Tributaries project will provide channelization of a portion of the Dry
Branch Tributary of Brushy Creek near the Joyce Lane residential subdivision and the east
tributary of Dry Branch traversing through the Ray Berglund Boulevard residential
subdivision. This channelization is for the purpose of correcting erosion and providing
storm water conveyance.
For the aforementioned east tributary, it has become clear that grading and working
outside the City's permanent easement is required. The Temporary Construction
Easement prepared by Charlie Crossfield of the City Attorney's office will allow the City
and its agents to enter property outside the City's permanent easement to conduct these
activities.
City staff recommends execution of the Temporary Construction Easement.
Source of Funds: 2014 Drainage Revenue Bonds
City of Round Rock Page i Printed on 112WO18