CM-2018-1613 - 1/26/2018ELECTRONICALLY RECORDED 2018007788
Williamson County, Texas Total Pages: 5
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That JOEL NUNEZ, 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.
M 2_64yleR
2018007788 Page 2 of 5
(c) 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 or other means, and
establish a channel bank elevation in an effort to allow storm water to flow into the
pond. The design specifics of the aforementioned pipe or other means, and channel
bank elevation will be at the sole discretion of Grantee; Grantee will endeavor to
design the pipe or other means, 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 or other means, 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 or other means. Grantee shall be responsible for maintenance of the
aforementioned channel construction if constructed within easements previously
conveyed to Grantee.
(d) Grantee may reduce the water level of the aforementioned pond as described in (c)
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.
(e) Grantee makes no warranty, express or implied, regarding the aforementioned pond
as described in (c) 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 (d) above, nor for damage to the pond due to inordinate
or inadequate rainfall, flooding or other causes or reasons.
(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 /Z 1-k
day of J , 2018 ,
(acknotirledgments on next page)
2
GRANTOR:
I oel 5 if/
Joel Nunez
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF
This instrument was
20113by
consideratW recited therein.
t1Qf,WIE PARKS
.j My COMMISSION EXPIRES
f May7,2019
STATE OF TEXAS
COUNTY OF f
2019007788 Page 3 of 5
acknowledged before me on this the l,�8day of
Joel Nunez, in the capacity and for the purposes and
2
J
Notary ub 41 13tate of Texas
GRANTEE:
City of Round Rock, Texas
By:
y,,rity Manag r
Atis-1-.
ACKNOWLEDGMENT
r- This instrument was acknowledged before me on this the A day of
2018 byin the capacity and for the purposes and
consider n recited therein. �*Wumi,
E
BLANCA GILiIS
`s NaterM y Public, State of Texas
FGomm. Expires 03-15.2020
Notary ID 130582387
Notary Public, StqYe of Texas
2018007788 Page 4 of 5
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2018007789 Page 5 of 5
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018007788
Pages: 5 Fee: $33.00
01/29/2018 04:22 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
IOROUNDROCK
�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, LAF, 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
Ctty of Round Rock Paye 7 Printed an 1/25/2018