CM-2018-1683 - 4/6/2018PENDING FINAL SIGNATURE
FROM OTHER PARTY
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That CH REALTY VI/R AUSTIN BOARDWALK, L.P., a Delaware limited
partnership, with current address of 3819 Maple Avenue, Dallas, Texas 75219 (herein after
referred to as "Grantor"), in consideration of Ten Dollars ($10.00) and other good and valuable
consideration paid by the City of Round Rock, the receipt of which is hereby acknowledged, does
hereby grant to the CITY OF ROUND ROCK, TEXAS, its agents, contractors, successors and
assigns, hereafter referred to as "Grantee", a temporary construction easement for the purpose(s)
of relocating, reconstructing and/or installing a storm water drainage and detention and any
associated facilities (the "Work"), to be installed in the adjacent easement areas (the "Drainage
Easement Area"), in, upon, over, under, above and across the following described property
("Temporary Easement Premises"):
Being a 1.870 -acre tract or parcel of land described as a "Variable Width
Temporary Construction Easement" in the depiction attached hereto as Exhibit
"A" and made a part hereof for all purposes.
Grantor and Grantee acknowledge that they have entered into that certain Storm Sewer
and Drainage Easement of even date herewith and recorded in the Official Public Records of
Williamson County, Texas (the "Storm Sewer Easement"), with respect to the Drainage
Easement Area, which Drainage Easement Area is further described in the Storm Sewer
Easement.
In connection with this Temporary Construction Easement, the parties agree as follows:
Following the Easement Termination Date (as defined below), Grantee shall at its
expense and within sixty (60) days of the Easement Termination Date, restore the Temporary
Easement Premises and any other portion of the remainder of Grantor's property injured or
affected by Grantee's activities, to substantially the same condition as existed previous to
Grantee's entry upon the Temporary Easement Premises or the remainder of Grantor's property.
This Temporary Construction Easement shall terminate and the easement rights set forth
herein shall revert to Grantor, and Grantor's successors and assigns, and all interest conveyed
herein shall terminate upon the earlier to occur of (i) expiration of twelve (12) months after
Grantee commences the Work, (ii) the date of completion of construction of the Work, or (iii)
August 31, 2019 (the "Easement Termination Date"). Such termination shall be permanent, and,
in no event will Grantee's rights under this Easement subsequently become effective again. This
Temporary Construction Easement shall terminate in accordance with the terms set forth herein
and no further instrument shall be required to evidence such termination, however, upon written
request from Grantor, Grantee agrees to execute a release of this Temporary Construction
Easement in recordable form.
TEMPORARY CONSTRUCTION EASEMENT-- PAGE l
This conveyance is subject to all easements and rights of way of record, visible or
apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other
mineral leases, mineral severances and other instruments that affect the Temporary Easement
Premises.
Grantee agrees that it will, after doing the Work pursuant to the rights hereby granted,
restore the Temporary Easement Premises and any other portion of the remainder of Grantor's
property injured or affected by Grantee's activities to substantially the same condition as existed
prior to such Work, taking into consideration the nature of the work being performed, and shall
remove all equipment, items and improvements brought to the Temporary Easement Premises by
Grantee, unless Grantor has agreed, in writing, to allow any such items or improvements to
remain at the Temporary Easement Premises following the Termination Date. Grantee shall
replace topsoil in areas disturbed by the use of the Temporary Easement Premises, and shall
reseed such areas with native vegetation. The consideration recited herein shall constitute
payment in full for all damages (other than the costs of Grantee's restoration and repair
obligations as set forth in this Easement) sustained by Grantor by reason of the utilization by the
Grantee of the rights granted herein.
In addition to the foregoing, Grantee hereby covenants and agrees:
(a) Grantee shall be solely responsible, at its sole cost and expense, for the
maintenance, operation, management, restoration and normal repair and
replacement of all equipment, items and improvements brought to the Temporary
Easement Premises by Grantee or any of Grantee's agents, employees, contractors
or representatives. In connection with the foregoing, Grantee shall maintain the
Temporary Easement Premises in a clean, safe and neat condition and keep it free
of debris;
(b) To the extent allowed by law, Grantee shall defend, indemnify, and hold harmless
Grantor and its representatives and agents from and against all claims, demands,
liabilities, causes of action, suits, judgments, damages, and expenses (including
attorneys' fees) arising from (1) any injury to or death of any person or persons or
damage to or theft, destruction, loss, or loss of use of any property (a "Loss")
arising from any occurrence on the Temporary Easement Premises or (2)
Grantee's failure to perform its obligations under this Temporary Construction
Easement. This indemnity provision shall survive termination or expiration of
this Temporary Construction Easement.
(c) Grantee shall not undertake, nor shall Grantee permit any of Grantee's agents,
contractors, employees or representatives to undertake, any invasive investigation,
drilling or sampling of the soil or groundwater at the Temporary Easement
Premises or elsewhere on Grantor's property without the prior written consent of
Grantor, which consent shall be in Grantor's sole discretion.
(d) Grantee shall conduct all activities and rights under this Temporary Construction
TEMPORARY CONSTRUCTION EASEMENT PAGE 2
Easement in such a manner so as to not disturb Grantor's use of the remainder of
Grantor's property as a retail shopping center and uses incidental thereto. In the
event Grantee's use of the Temporary Easement Premises hereunder disturbs
Grantor's use of Grantor's property, Grantor may provide written notice to
Grantee of such disruption, and Grantee shall proceed to cease or remediate any
activities causing such disturbance as soon as reasonably practicable but in no
event less than 30 days following receipt of written notice thereof from Grantor.
Any notice required by this Temporary Construction Easement shall be given by Grantee
to Grantor in the following manner: except as provided elsewhere below, at least ten (10) days
prior to accessing the Temporary Easement Premises in order to exercise its rights under this
Temporary Construction Easement, Grantee shall give written notice, by certified mail or hand
delivery to:
CH Realty VI/R Austin Boardwalk, L.P.
3819 Maple Avenue
Dallas, Texas 75219
Attention: Asset Manager -Boardwalk
with a covy to:
CH Realty VI/R Austin Boardwalk, L.P.
3819 Maple Avenue
Dallas, Texas 75219
Attention: General Counsel
Grantee's rights and privileges related to access, maintenance and repair granted herein
cannot be exercised without first giving written notice to Grantor as provided above; provided,
however, in the event of emergency where persons, real property or personalty are likely to be
damaged or injured if Grantee does not take immediate action, Grantee shall only be required to
provide advance notice to the extent reasonably practicable. In the event of such emergency,
Grantee may take immediate action in order to prevent, mitigate or remediate such damage or
injury and Grantee shall give notice to Grantor of such emergency action within ten (10) days
after taking such action. Notwithstanding the foregoing, Grantee shall not be required to give
Grantor notice of access related to routine maintenance of the Temporary Easement Premises,
such as mowing and trimming trees, underbrush and vegetation.
Grantee shall not assign or transfer any of Grantee's rights under this Temporary
Construction Easement without Grantor's prior written consent, which shall be in Grantor's sole
discretion. Any such attempt to assign or transfer without Grantor's prior consent shall be void
and of no effect.
This Temporary Construction Easement may be modified only upon the recording of an
amendment or memorandum thereof, executed by both parties hereto, in the Official Public
Records of Williamson County, Texas.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
TEMPORARY CONSTRUCTION EASEMENT PAGE 3
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, by, through or
under Grantor but not otherwise.
(Signatures Next Page)
TEMPORARY CONSTRUCTION EASEMENT PAGE 4
IN WITNESS WHEREOF, the parties hereto have executed this instrument on this
day of , 2018.
GRANTOR:
CH REALTY VIR AUSTIN BOARDWALK, L.P.,
a Delaware Iimited partnership
By: CH Realty VI . -R Austin Boardwalk GP, L.L.C.,
a Delaware limited liability company,
its General Partner
By: Fund VI Managers, L.L.C.,
a Texas limited liability company,
its Manager
By:
Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this the day of
, 2018 by of
Fund VI Managers, L.L.C., a Texas Iimited liability company, Manager of CH Realty
VI/R Austin Boardwalk GP, L.L.C., a Delaware limited liability company, General
Partner of CH REALTY VI/R AUSTIN BOARDWALK, L.P., a Delaware limited
partnership, known by me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same as the act and deed of
and behalf of said entity and in the capacity and for the purposes and consideration
therein expressed.
Notary Public, State of Texas
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
TEMPORARY CONSTRUCTION EASEMENT - PAGE 5
GRANTEE:
CITY OF ROUND ROCK, TEXAS,
a Texas municipal corporation
�t :L.r
ACKNOWLEDGMENT
STATE OF TEXAS §
1,(Jj r tUO`1C §
COUNTY OF §
This instrum t was acknowledged before a on this thf ' " da of
2018 by Lgp 4• o City of
Round Rock, Texas, a Texas municipal c$rporation, known y me Vo be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same as the act and deed of and behalf of said entity and in the capacity
and for the purposes and consideration therein expressed.
AD
,oVPUBIic•;
• = Notary Pu l' , S ate of Texas
im
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Of
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040800•,.
TEMPORARY CONSTRUCTION EASEMENT- PAGE 6
EXHIBIT "A"
DEPICTION OF TEMPORARY EASEMENT PREMISES
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THIS FLAT AND ON THE SURVEY UPVMCH IT IS GASED WEE15 THE fULWMiENTS roil
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SURVEYS TN THE STATE Or TEXAS. MR_ GAY OF APO 2017.
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SURV&YEG: 03-25-174
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EXHIBIT "A" — DEPICTION OF TEMPORARY EASEMENT PREMISES — SOLO PAGE