CM-2018-1643 - 2/23/2018ELECTRONICALLY RECORDED 2018028411
Williamson County, Texas Total Pages: 9
NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement") is made this
3rd day of January, 2018 (the "Effective Date") by and between CIRCLE K STORES INC., a
Texas corporation ("CIRCLE K"), and THE CITY OF ROUND ROCK, TEXAS, a Texas home -
rule municipal corporation ("CITY").
WHEREAS, CIRCLE K is the owner of certain real property in Williamson County,
Texas described as a portion of Lots 2 and 3, Block A, GEORGE SUBDIVISION, a subdivision
in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet O, Slide
338 of the Plat Records of Williamson County, Texas, being more particularly described by
meets in bounds in Special Warranty Deed recorded Document No. 2016082981, Official Public
Records of Williamson County, Texas and as amended in Document No. 2015086795, Official
Public Records of Williamson County, Texas (the "Circle K Parcel");
WHEREAS, MAXSERV, INC., a Delaware corporation is the owner of certain real
property in Williamson County, Texas described as Lot 3, Block A, DuPONT SUBDIVISION, a
subdivision in Williamson County, Texas, according to the map or plat thereof, recorded in
Cabinet O, Slide 102 of the Plat Records of Williamson County, Texas, (the "MaxSery Parcel");
and
WHEREAS, there is a forty (40) foot curb cut on the Circle K Parcel for access onto
Louis Henna Boulevard, and Circle K desires to grant to the City and the public, access to that
curb cut from the MaxSery Parcel;
NOW, THEREFORE, in consideration of the mutual easements granted herein, and the
mutual covenants and agreements set forth below, the parties agree as follows:
1. GRANT OF EASEMENT BY CIRCLE K. Subject to the terms of this
Agreement, CIRCLE K, as owner of the Circle K Parcel, hereby establishes and grants to and for
the benefit of CITY, its successors and assigns, a non-exclusive easement upon, over and across
the Circle K Parcel for creating access from the MaxSery Parcel to Louis Henna Boulevard (the
"Access Easement"), as shown on Exhibit A attached hereto and incorporated herein by
reference, for the purposes set forth in Section 2 below, and for no other purposes whatsoever.
The Access Easement is subordinate and subject to those certain easements affecting the Circle
K Parcel as shown on the Plat of the Circle K Parcel.
2. SCOPE AND PURPOSES OF ACCESS EASEMENT. The Access Easement
granted by CIRCLE K herein may be used by CITY and the public only for the purpose of
effecting vehicular and/or pedestrian ingress and egress to, from, and between the Circle K
Parcel, MaxSery Parcel and Louis Henna Boulevard. CIRCLE K expressly reserves unto itself
and its successors and assigns, the right to use and enjoy the land covered by the Access
2018028411 Page 2 of 9
Easement for any purposes whatsoever, except insofar as said use and enjoyment unreasonably
interferes with the rights hereby granted to CITY. CIRCLE K specifically reserves the right to
grant additional easements or rights-of-way upon or across the Circle K Parcel to such other
persons or entities and for such purposes as CIRCLE K may desire.
3. AMENDMENTS/TERMINATION. Neither CIRCLE K nor CITY may amend,
release, or modify this easement without the express written consent of CIRCLE K, or its
successors and assigns and CITY. As required by this paragraph, express written consent of
CITY shall be requested in writing by certified mail, return receipt requested to: (1) City of
Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664 and (2) Planning
Director at 301 West Bagdad, Suite 210, Round Rock, Texas 78664.
4. COVENANTS TO RUN WITH THE LAND. The rights and obligations granted
herein shall be deemed to run with the Circle K Parcel and shall inure to the benefit of and be
binding upon CIRCLE K, its successors and assigns, and upon any party acquiring the Property.
5. GOVERNING LAW. This easement shall be governed, construed and enforced
in accordance with the laws of the State of Texas.
TO HAVE AND TO HOLD the above described easement and rights unto the CITY, its
successors and assigns, until the use of said easement shall be abandoned.
[Signature pages to follow]
N
2018028411 Page 3 of 9
fN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the
Effective Date,
CIRCLE K STORES INC., a Texas corporation
BY:
N : Paul Rodriguez
Title: Vice President Operations Texas
STATE OF TEXAS
This instrument was acknowledged before me on January 3, 2018, by Paul Rodriguez,
Vice President Operations Texas of Circle K Stores Inc., a Texas corporation, on behalf of said
corporation.
4A&AAAA"Aluhl�
P EvF-LYN L. OEFINGER
0 Notary Public
STATr, OF TFXAS
My COMM. Exp. 02127)2019 a u ic, State of Texas
or j0# 1064W-5
N
2018028411
CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipal corporation
By:
Name:
Title;
STATE OF TEXAS
Page 4 of 9
This i trument was acknowledged before me on"Round
Z, 2018, by
of City ck, Texas, a Texas
home: -rule municipal corporation, o behalf of Taid corporation,
13
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0.0829 ACRES, (3,610 Sq. Ft.)
LOT(s) 2 & 3, BLOCK A
GEORGE SUBDIVISION
2018028411 Page 5 of 9
Eagle Eye Construction Layout
3400 Joe ❑iMaggio Blvd. Suite 84
Round Rack, Texas 78585
(512) 464-4468
TBPLS FIRM °10194139
PORTION OF LOT(s) 2 AND 3
(JOINT ACCESS EASEMENT)
A DESCRIPTION OF A D.0829 ACRE (APPROX. 3,610 Sq. FL) TRACT OF LAND,
SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT No 649, LOCATED IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS THE REMAINING PORTION(s) OF LOT(s) 2 AND
3, BLOCK A OF THE GEORGE SUBDIVISION, A SUBDIVISION APPEARING OF
RECORD UNDER CABINET No. O, SLIDE($) 338 339 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS AND BEING THAT SAME TRACT OF LAND,
CONVEYED TO CIRCLE K STORES, INC., IN A SPECIAL WARRANTY DEED,
DATED SEPTEMBER 2, 7016 AND APPEARING OF RECORD UNDER DOCUMENT
No. 2016082981 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
THE METES AND BOUNDS, RECORD IN THAT CERTAIN AFFIDAVIT, APPEARING
OF RECORD UNDER DOCUMENT No, 2016086795 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.0829 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND
BOUNDS DESCRIPTION;
BEGINNING at a calculated point along the northerly right-of-way line of Louis Henna
Boulevard, also known as County Road 170, having a variable right-of-way width, same
being the southerly remaining lot line of the aforementioned Lot 3, for the southeasterly
comer of the hereon, described 0.0829 Acre tract of land and from which a found punch
hole in concrete bears North 70° 40' 24" East, a distance of 20.03 feet for the
southeasterly comer of the remaining portion of said Lot 3,
THENCE South 70° 40' 24" West', along the northerly right-of-way line of the
aforementioned Louis Henna Boulevard, same being the southerly remaining lot line of
the aforesaid Lot 3, a distance of 40,50 feet to a calculated point for the southwesterly
comer of the hereon, described 0.0829 Acre tract of land;
THENCE over and across the aforementioned Lot(s) 2 and 3, the following Two (2)
courses and distances:
1). North 200 28' 54" West, a distance of 67.51 feet to a calculated point, for the
northwesterly corner of the hereon, described 0.0829 Acre tract of land;
Page 1of2
2018028411
2). North 700 39' 26" East, a distance of 50.40 feet to a calculated point along the
easterly lot line of the said Lot 2, same being a point along the westerly lot line of Lot 3,
Block A of the DuPont Subdivision, according to the plat thereof, recorded under Cabinet
No. Q, Slide No.(s) 102-103 of the Plat Records of Williamson County, Texas, and being
that same tract of land being described in a General Warranty Deed, conveyed to
Maxserv, Inc., dated February 13, 1997 and appearing of record under Document No.
1997006678 of the Official Public Records of Williamson County, Texas, and more
particularly described as the northeasterly comer of the hereon, described 0.0829 Acre
tract of land;
THENCE South 200 35' 35" East, along the common dividing lot line of the
aforementioned Lot 2, Block A of the George Subdivision and the aforesaid Lot 3, Block
A DuPont Subdivision, a distance of 42.01 feet to a calculated point;
THENCE over and across the aforementioned Lot(s) 2 and 3, Block A, of the George
Subdivision the following Four (4) courses and distances;
1). South 7011 39' 27" West, a distance of 5.17 feet to a calculated point of
curvature;
2). With a curve to the left, having an Arc Length of 73.86 feet, a Radius of
15.00 feet, a Delta Angle of 091° 08' 22" and a Chard which bears South 251185' 1711P
West, a Distance of 21.42 feet to a calculated point of tangency;
3j. South 280 28' 54" East, a distance of 5.38 feet to a calculated point of
curvature;
4). With a curve to left, having an Arc Length of 4.96 feet, a Radius of 25.00
feet, a Delta Angle of 01111 22' 01" and a Chord which bears South 260 09' 55" East,
a Distance of 4.95 feet to the POINT OF BEGINNING, containing the hereon, described
0.0829 Acre (Approx. 3,610 5q. Ft.) tract of land, more or less.
Survey on the ground on September 8, 2017
Attachment; A separate sketch accompanies this, metes and bounds description
Bearing are based on the Texas Coordinate System, Noah American Datum
1983, Central Zone (FIPS 4203)
x
a.
Charles M. Benson '
Registered Professional Land Surveyor
State of Texas No. 4863
November 16, 2017
Page 2 of 2
Page 6 of 9
2018028411 Page 7 of 9
A SKETCH TO ACCOMPANY A DESCRIPTION OF A 0.0829 ACRE (APPROX 3,610 SQ. FT.) TRACT OF LAND, SITUATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO, 609, LOCATED IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS
THE REMAINING PORTION(S) OF LOT(S) 2 AND 3, BLOCK A OF THE GEORGE SUBDIVISION, A SUBDMSION APPEARING OF RECORD UNDER
CABINET NO. 0, SLIDE(S) 338 - 339 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING THAT SAME TRACT OF LAND,
CONVEYED TO CIRCLE K STORES, INC„ IN A SPECIAL WARRANTY DEED, DATED SEPTEMBER 2, 2016 AND APPEARING OF RECORD UNDER
DOCUMENT NO. 2016082981 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY THE METES AND BOUNDS, RECORD IN THAT CERTAIN AFFIDAVIT, APPEARING OF RECORD UNDER
DOCUMENT NO. 2016086795 OF THE 0FFTCLkL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
Curare Table SCALE; I"= 30'
1)- BEARINGS ARE EASED ON THE TEXAS SYSTEM, NORTH
AMERtCAN DATUM OF 1983. CENTRAL ZONE 4203
2} GRID DISTANCES SHOWN ARE IN U S SURVEY FEET
3}. THIS SKETCH IS ACGOMPANIED 9Y A SEPARATE METES AND
BOUNDS VESCRI PTION
4} THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF AN
ABSTRACT OF TITLE OR A TATE COMMENT. THERE MAY BE
EASEMENTS. RESTRICTIONS OR OTHER MATTERS THAT ARE NOT
LISTED OR SHOYM THEREON THAT AFFECT THE PROP€RTY. THE
SURVEYOR HAS MADE NO INDEPENDENT I GUIRY AS TD
EASEMENTS AND RESTRICTIONS AFFECTING THE PROPERTY.
3.510 ACRES
(152,916 Sq. Ft.)
REMAINING PORTION OF
LOOT($) 2 AND 3
BLOCK A
GEORGE SUBDIVISION
LEGEND
BOUNDARY FOUNMET MED)
[i CALCULATED POINT
P.R W:C.T. PLAT RECORDS OF
WLLIAMSON COUNTY, TEMFLS
O.P.R W C.TOFFICIAL PUBLIC RECORDS OF
'
WLLIAMSON COUNTY. TEMPS
rLIDUC LATILflY EA5EMENT
0 O, SLIDE(s) 539-339}
PA W.C.T.
;CAB. O, SLIDEIS) 338-339)
P.R.W.C.T. 70 39 f/
(DOC. No.1997035545)
O,P.R.W.C.T.
(9.2 5.13 SA. Fe.) ■ 6.082�ACREE
WATERLINE EA5F-MEAT
(DCC, No 20 17057IC97) / 13,510 Sq. Ft)
O,r.I-w'C,.T� JOINT ACCESS EASEM
' S FUDLIZ UTIUTY CEMENT
[c AB. o. 5L vew 339.3399 'POINT OF BEGINNING'
P R W.C,T .^' CALCIIIA`-IC Raw-,
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Line Table
Lbc $ LetpP1 Dhemon
0 51-P S7W W 27 W
L2 5.3t7 820` 2NT &PE
LOT 3
BLOCK A
DUPONT SUBDIVISION
(GAB. O, SLIDE(s) 102 & 103)
P.R.W.C.T.
OWNER: MAXSERV, INC.
(DOC. No. 1997006678)
O.P.R.W.C.T.
F2
9Tnaarea,naPARL
'POINT O. WERCNCt'
.ren rte®
N CONtRM RC.,vr
REMAINING PORTION OF LOT 3
BUCK A
GEORGE SUBDIVISION
(GAB. 0, SLIDEW 358-359)
P.R.W.C.T.
0 0829 ACRES
(3 6* Sq Ft)
JOINT ACCESS EASEMENT
2018028411 Page 8 of 9
City of Round Rack
r T Tr
®a"o ROCKAgenda Item Summary
Agenda Number:
Title: Consider executing of a Non -Exclusive Access Easement Agreement
granted by Circle K for the benefit of Maxserv, Inc., a neighboring property
owner, and to the City of Round Rock, to allow for public access across
Circle K's property.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/23/2018
Dept Director: Brad Wiseman, Planning and Development Services Office
cast: $4.00
Indexes:
Attachments: LAF - Circle K (02.07.2018) (00394989xA08F8), Circle K - Access
Easement
Department: Planning and Development Services Department
Text of Legislative File CM -2018-1643
Consider executing of a Non -Exclusive Access Easement Agreement granted by Circle K
for the benefit of Maxserv, Inc., a neighboring property owner, and to the City of Round
Rock,. to allow for public access across Circle K's property.
This item provides a non-exclusive access easement from Circle K for the benefit of
Maxserv, Inc., a neighboring property owner, and to the City of Round Rock, to allow for
public access across Circle K's property. This easment allows for cross -access for
motorists between properties.
City of Round Rack Page } Printed on 2/22/2498
2018028411 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018028411
Pages- 9 Fee- $49.00
04/05/2018 08.45 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
RE�UkNe ROC% Agenda Item Summary
Agenda Number:
Title: Consider executing of a Non-Exclusive Access Easement Agreement
granted by Circle K for the benefit of Maxserv, Inc., a neighboring property
owner, and to the City of Round Rock,to allow for public access across
Circle K's property.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/23/2018
Dept Director: Brad Wiseman, Planning and Development Services Office
cost: $0.00
Indexes:
Attachments: LAF-Circle K(02.07.2018) (00394989xA08F8), Circle K-Access
Easement
Department: Planning and Development Services Department
Text of Legislative File CM-2018-1643
Consider executing of a Non-Exclusive Access Easement Agreement granted by Circle K
for the benefit of Maxserv, Inc., a neighboring property owner, and to the City of Round
Rock,to allow for public access across Circle K's property.
This item provides a non-exclusive access easement from Circle K for the benefit of
Maxserv, Inc., a neighboring property owner, and to the City of Round Rock,to allow for
public access across Circle K's property. This easment allows for cross-access for
motorists between properties.
ayoraound Rock Pae.1 Pdnt d n W=08