CM-2018-1614 - 1/26/2018ELECTRONICALLY RECORDED 2018007787
Williamson County, Texas Total Pages: 6
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That KEN TUCK, 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.
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.
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
Temporary Construction Easement for any and all purposes which do not interfere
with and prevent the use by Grantee of the Temporary Construction Easement.
7016K
2018007787 Page 2 of 6
(c) Grantee may remove the fence along the common boundary of Grantor's property
and the property of his northern 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.
(d) As additional consideration, in conjunction with channel construction proposed by
Grantee in easements previously conveyed to Grantee adjacent to a pond that
exists on Grantor's remaining property, Grantee will install a pipe and establish a
channel bank elevation upstream of Grantor's property in an effort to allow storm
water to flow into the pond. The design specifics of the aforementioned pipe and
channel bank elevation will be at the sole discretion of Grantee; Grantee will
endeavor to design the pipe and channel bank elevation to allow for a water level
of no less than elevation 712.0 in the aforementioned pond. However, Grantee
does not guarantee or otherwise warrant that the pipe and the channel bank
elevation, if constructed, will allow or keep water in the pond to any extent or
level; and Grantee shall not be responsible for maintenance of the aforementioned
pipe. Grantee shall be responsible for maintenance of the aforementioned channel
construction if constructed within easements previously conveyed to Grantee.
(e) Furthermore, as additional consideration, in conjunction with the aforementioned
proposed channel construction in (d) above, Grantee will install a wastewater
service point in the vicinity of the northwest corner of Grantor's property.
(f) Grantee may reduce the water level of the aforementioned pond as described in
(d) above as deemed necessary and appropriate by Grantee during the term of the
Temporary Construction Easement; and if reduced by Grantee, Grantee will
ensure the pond is replenished to within six inches of elevation 712.0 within 90
days following cessation of use of the Temporary Construction Easement.
(g) Grantee makes no warranty, express or implied, regarding the aforementioned
pond as described in (d) above; Grantee shall not be responsible for any
regulatory requirements and maintenance related to the pond, for ensuring any
water level in the pond, except as described in (f) above, nor for damage to the
pond due to inordinate or inadequate rainfall, flooding or other causes or reasons.
(h) 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.
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2018007787 Page 3 of 6
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.
=,:.t
WHEREOF, Grantor has caused this instrument to be executed thisday of , 2017.
(acknowledgments on next page)
2018007787 Page 4 of 6
GRANTOR:
en Tuck
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF
�This instrument was acknowledged before me on this the 2-1 9 day of
� 2017 by Ken Tuck, in the capacity and for the purposes and
consideration recited therein.
SANDRA LOUISE L®TT
aa;
Notary Public, State of Texas Notary Public, State of Texas
Comm. Expires 01-23-2021
;S Notary IID 126783024
®®11111®®
GRANTEE:
City of Round Rock, Texas
STATE OF TEXAS §
COUNTY OF I1►t� G.S( §
This instrument was acknowledged before me on this the 44day of
201E by in the capacity and for the purposes and
consideration recited therein. (-
L
1
BLANCA GILLIS
Notar Public, Stat of Texas
?r; nallotary Public, State of Texas y
Comm. Expires 03-15-2020
Mist Notary ID 130582387
0
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018007787
Pages- 6 Fee- $37.00
01/29/2018 04.22 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
J'ROUNO
A o,cAgenda Item Summary
f ifi7�S
Agenda Number:
Title: Consider executing a Temporary Construction Easement with Ken Tuck
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, t -AF, MAP
Department: Utilities and Environmental Services
Text of legislative File CM -2018-1614
Consider executing a Temporary Construction Easement with Ken Tuck 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
C11y o/Round Rock Page 1 Printed on 1/24/2018