CM-2018-1799 - 7/27/2018ELECTRONICALLY RECORDED 2019099267
Williamson County, Texas Total Pages: 16
ACCESS EASEMENT AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation,
"GRANTOR", for and in consideration of the payment of TEN and NO/100 DOLLARS, and other
good and valuable consideration, in hand paid to GRANTOR by M4 LA FRONTERA II, LLC,
a Texas limited liability company, "GRANTEE", the receipt of which is hereby acknowledged,
has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and
CONVEY unto the said GRANTEE, certain rights and interests in the nature of a perpetual access
easement for pedestrian and vehicular ingress and egress to and from the Summit II Property
(defined below) and Hesters Crossing Road, on, across and through the following described
property:
Being all that certain tract, piece or parcel of land lying and being situated
in the County of Williamson, State of Texas, being more particularly
described by metes and bounds in Exhibit "A" and by diagram in Exhibit
"B" attached hereto and made a part hereof for all purposes (herein
sometimes referred to as the "Easement Area" or the "Property").
upon, over, and across said Property as herein described, for the benefit of the Summit II Property
GRANTOR is the owner of the real property located at 650 Hesters Crossing Road, Round
Rock, Texas 78681 used for an elevated water storage tank (hereinafter, "City Property"), further
described in Exhibit "C" attached hereto and made a part hereof for all purposes. The Easement
Area is located on a portion of the City Property.
GRANTEE is the owner of the real property located at 710 Hesters Crossing Road, Round
Rock, Texas 78681 known as The Summit at La Frontera (hereinafter, "Summit II Property"),
further described in Exhibit "D" attached hereto and made a part hereof for all purposes.
This easement, and the rights and privileges granted by this conveyance, are non-exclusive
and appurtenant to the Summit iI Property. However, GRANTOR hereby covenants that
GRANTOR and GRANTOR's successors and assignees shall not convey any other easement,
license, or conflicting right to use the Easement Area or any portion thereof, or otherwise permit
the use of the Easement Area, in any manner that will materially interfere with the use for which
this easement is granted. This easement is appurtenant to and runs with the title to all or any portion
of the Summit It Property, whether or not the easement is referenced or described in any
conveyance of all or such portion of the Summit II Property. The easement granted herein (and
obligations of GRANTOR hereunder) are for the benefit of and enforceable by GRANTEE and
GRANTEE's heirs, successors, assigns, transferees, and mortgagees who at any time own the
Summit II Property or any portion of or interest in the Summit 11 Property (as applicable, the
"Holder") and such easement may be used by Holder and its tenants, and their respective
employees, agents, representatives, consultants, customers, mortgagees, invitees, permittees and
SUMM2 Access Easement - Adjacent Parcel 180709 CORRv2
�"-2NX-17711
2019099267 Page 2 of 16
guests ("Permitted Users").
GRANTEE covenants that:
(a) Following completion of construction of the Driveway Improvements (defined
below) by GRANTEE pursuant to that certain Development Agreement Regarding
Summit II Improvements by and between GRANTOR and GRANTEE dated of
even date herewith (the "Development Agreement"), GRANTEE shall operate,
maintain and repair (at GRANTEE's sole cost) those certain driveway
improvements and other paved areas located within the Easement Area, as well as
any landscaping installed by GRANTEE adjacent to such driveway improvements
(only to the extent located between the Summit II Property and such driveway
improvements, and not any other landscaping on the City Property) (such driveway
improvements and landscaping referred to collectively herein as the "Driveway
Improvements').
(b) GRANTEE shall promptly repair (at GRANTEE's sole cost) any damage to the
City Property caused by GRANTEE or its Permitted Users during their use of the
Easement Area;
(c) GRANTEE shall perform, at its sole cost and expense, maintenance, operation,
management, restoration and normal repair and replacement of all Driveway
Improvements located within the Easement Area (collectively, the "Grantee
Maintenance Obligations"). GRANTEE shall perform the Grantee Maintenance
Obligations in a commercially reasonable manner and in at Ieast the same standard
and quality as GRANTEE maintains the remainder of the drives and parking areas
on the Summit II Property. In the event GRANTEE fails to satisfy the Grantee
Maintenance Obligations, GRANTOR may provide written notice to GRANTEE
of such failure, and GRANTEE shall proceed to cure any such failure as soon as
reasonably practicable but in no event more than thirty (30) days following receipt
of written notice thereof from GRANTOR (or as soon as possible if in the event of
an emergency, or, if such Grantee Maintenance Obligations cannot reasonably be
fulfilled in said thirty (30) days, then such additional time as may be reasonably
required provided GRANTEE commences such cure within the initial thirty (30)
day period and thereafter diligently pursues completion of same). In the event
GRANTEE fails to perform the Grantee Maintenance Obligations, and such failure
continues after the foregoing cure period, GRANTOR may, at GRANTOR's sole
option (without any obligation), perform such Grantee Maintenance Obligations,
and GRANTEE shall reimburse GRANTOR for its actual costs in connection with
such Grantee Maintenance Obligations within thirty (30) days following
GRANTEE's receipt of an invoice therefor from GRANTOR.
(d) GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS
GRANTOR AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES AND
AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES,
CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES, AND EXPENSES
2
2019099287 Page 3 of 16
(INCLUDING ACTUAL REASONABLE 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") TO THE EXTENT CAUSED BY GRANTEE'S OR ITS
PERMITTED USER(S)' USE OF THE EASEMENT AREA OR (2) GRANTEE'S
FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
THE FOREGOING INDEMNITY SHALL NOT EXTEND TO ANY LOSS
CAUSED BY GRANTOR OR ANY OF GRANTOR'S OFFICERS,
EMPLOYEES, REPRESENTATIVES OR AGENTS. THIS INDEMNITY
PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
(e) 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 on City Property
without the prior written consent of GRANTOR, which consent shall be in
GRANTOR's sole discretion. Notwithstanding the foregoing, GRANTOR shall not
unreasonably withhold written consent of invasive investigation, drilling, or
sampling of the soil or groundwater within the Easement Area to the extent required
pursuant to or related to the Grantee Maintenance Obligations.
(f) GRANTEE shall conduct all activities and rights under this agreement in such a
manner so as to not disturb GRANTOR's use of the remainder of the City Property
(provided that use by Holder and the Permitted Users of the Easement Area for the
purpose described herein and the performance of the Grantee Maintenance
Obligations shall not be considered a disturbance of GRANTOR's use of the
remainder of the City Property). In the event GRANTEE's use of the Easement
Area hereunder disturbs GRANTOR's use of the remainder of the City 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 thirty (30)
days following receipt of written notice thereof from GRANTOR.
(g) In no event shall GRANTEE have any obligation hereunder to maintain, repair or
replace those certain fence and gate improvements constructed by GRANTEE in
accordance with the Development Agreement (whether or not located in the
Easement Area), nor shall GRANTEE have any obligation hereunder to maintain
any landscaping adjacent to the Driveway Improvements (other than the
landscaping located between the Summit II Property and Driveway Improvements).
(h) GRANTEE shall have no liability for any Loss caused by GRANTOR or
GRANTOR's officers, employees, representatives, agents, vendors, or guests
(collectively, the "Grantor Parties") use of the Easement Area or City Property.
(i) In the event GRANTOR or any Grantor Parties cause Material Damage to the
Driveway Improvements, GRANTEE shall promptly notify GRANTOR of such
3
2019099267 Page 4 of 16
Material Damage, including a description of the damage, how it was caused, and
the estimated costs to repair such Material Damage. "Material Damage" shall mean
damage to the Driveway Improvements that would cost more than One Thousand
Dollars (51,000.00) to repair and excludes ordinary wear and tear and damage due
to the customary use for vehicular ingress and egress by GRANTOR or Grantor
Parties. Within twenty (20) days of receipt of such notice, GRANTOR shall notify
GRANTEE as to whether (i) GRANTOR elects to perform the repairs necessary to
repair such Material Damage at GRANTOR's sole cost and expense, (ii)
GRANTOR elects to reimburse GRANTEE for GRANTEE's costs incurred in
repairing such Material Damage, such reimbursement not to exceed the estimated
costs set forth in GRANTEE's notice and such reimbursement to be made within
thirty (30) days following receipt of an invoice therefore, or (iii) GRANTOR
objects to the claim that such Material Damage was caused by GRANTOR or
Grantor Parties. In the event GRANTOR timely objects pursuant to subsection (iii)
above, GRANTOR and GRANTEE shall submit such claim to an independent
third -party mediator in an attempt to resolve such claim, and if such claim is not
resolved via mediation, then GRANTOR and GRANTEE shall have all rights at
law and in equity for the resolution of such claim.
TO HAVE AND TO HOLD the rights and interests herein described unto GRANTEE, and
its successors and assignees, forever, and GRANTOR does hereby bind itself, its successors and
assignees, to warrant and forever defend, all and singular, these rights and interests unto
GRANTEE, and its successors and assignees, against every person whomsoever lawfully claiming,
or to claim same, or any part thereof, by, through or under GRANTOR but not otherwise. The
rights, benefits, burdens and obligations of GRANTOR and GRANTEE respectively hereunder
are intended to run with the City Property and the Summit II Property respectively, and to bind
and inure to the benefit of and be enforceable by and against the respective heirs, successors,
assigns, transferees, mortgagees and tenants of GRANTOR and GRANTEE respectively who at
any time own the Summit II Property, the City Property, or any portion of or interest in either the
Summit II Property or the City Property.
All notices, requests or other communications required or permitted by this Access
Easement Agreement shall be in writing and shall be sent by (i) by overnight courier or hand
delivery, or (ii) certified mail, postage prepaid, return receipt requested, and addressed to the
parties at the following addresses (or to such other address(es) as GRANTOR and/or GRANTEE,
or their respective transferees) of the City Property or the Summit II Property, shall specify from
time to time in written notice to the other party):
If to GRANTOR: Laurie Hadley, City Manager
221 East Main Street
Round Rock, Texas 78654
Phone: (512) 218-5401
With copy to:
Stephan L. Sheets
Sheets & Crossfield, PLLC
4
2019099267 Page 5 of 16
309 E. Main St.
Round Rock, Texas 78664
If to GRANTEE: M4 La Frontera II, LLC
clo Mark IV Capital, Inc.
4450 MacArthur Blvd., Second Floor
Newport Beach, California 92660
Attn: Regional Vice President
With copy to:
M4 La Frontera 11, LLC
c/o Mark IV Capital, Inc.
4450 MacArthur Blvd., Second Floor
Newport Beach, California 92660
Attn: Chief Operating Officer
GRANTOR and GRANTEE agree that the obligations of each party shall be subject to
force majeure events including, but not limited to, acts of God, war, acts of terrorism, civil
commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or material,
government regulation or restrictions, weather conditions, and other acts beyond the applicable
party's control.
GRANTOR and GRANTEE agree that all actions to be performed under this Access
Easement Agreement are performable in Williamson County, Texas. GRANTOR and GRANTEE
agree that this Access Easement Agreement has been made under the laws of the State of Texas in
effect on this date, and that any interpretation of this Access Easement Agreement at a future date
shall be made under the laws of the State of Texas with venue being in the state District Court of
Williamson County, Texas.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGES FOLLOW]
5
2019099287 Page B of 1a
EXECUTED this JIday ofCAL(�x2018.
GRANTOR:
CITY OF ROUND ROCK
4
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Date Signed -
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned, a notary public in and for said county and state, on this day
personallyappeared or of the City of Round Rock, a Texas Home Rule
Municipality, on,
n ehalf of said municipality, known to me to be the person whose name is
subscribed toa foregoing instrument, and acknowledged to me that he executed the same for the
purpose a fconsideratiop therein exRrepsep.
Given under my hand and seal of office on is the day of , 2418
NOTARY P LIC in and for the State of
Texas
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
6
2019099267 Page 7 of 16
[SIGNATURE PAGE FOR ACCESS EASEMENT AGREEMENT, CON'TJ
uicpur :r
±;
M4 FRONTEI2A II, LLC
Stephen A. Metag`er
Its: Chief Operating Officer
Date Signed: ?--&-o - ,
ACKNOWLEDGEMENT
STATEOFT
EXAS §
COUNTY OF WILL SON §
BEFORE ME, the unders! d, a notary public in and for said county and state, on this day
personally appeared (Name), (Title)
of M4 La Frontera 1I, LLC, on behalf of saidMckn-rn.Wj,,edged
y, known to me to be the person whose name
is subscribed to the foregoing instrument, and to me that he/she executed the same
for the purpose and consideration therein expressed.
Given under my hand and seal of office on this the day
2018.
NOTARY PUBLIC in and for the sho<
Texas
(End) Sc.'r_
7
2019099267 Page B of 16
CALIFORNIA ALL-PURPOSIs ACKNOWLEDGMENT CIVIL CODE g 1189
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A notary public or other ollicercompleting this cerilficateverifies only the Identity of the individual who signed the document
to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of I
On 3m s4 3-0 r a ($ before me. QiP–SSor1%jt a C.onsQuort_ tem;,ng r �.io�tw+. �ubtic,r
—)Date Here Insert Name and Title of the 06ker \3
personally appeared j,z. r
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In hfs/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s). or the entity
upon behalf of which the person(s) acted, executed the Instrument.
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Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of Califomia that the foregoing
paragraph Is true and correct
WITNESS my hand and official seal.
Signature
Signature of Noto& Public—�
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document,
Description of Attached Document
Title or Type of Document:
Document Date: Numberof Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
0 Corporate Officer – Title(s):
0 Partner – O Limited 0 General
0 Individual 0 Attorney In Fact
Cl Trustee 0 Guardian of Conservator
0 Other.
Signer is Representing:
02017 National Notary Association
Signer's Name:
O Corporate Officer – Title(s):
0 Partner – 0 Limited 0 General
C3 Individual 0 Attorney in Fact
0 Trustee Cl Guardian of Conservator
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Signer Is Representing:
2019099267 Page 9 of 16
EXHIBIT "A"
Description of Easement Area (Metes and Bounds)
(See Attached)
vj MC MI&CREED
TRACT 1
2019099267 Page 10 of 16
Surveyor's Legal Descrlptleit
Being 6,995 square feet of land situated within the City of Round Rock, Jacob M. Harrell
Survey, Abstract Number 284, Williamson County, Texas, being a portion of a parcel of
land as described in the deed to the City of Austin recorded in Volume 1429, Page 462 of
the Deed Records of Williamson County, Texas (hereafter referred to as the COA
Parcel), and being a portion of Lot 5, Block A, La Frontera Section IIIA, as shown on the
plat recorded in Cabinet S, Slide 370-374 of the Plat Records of Williamson County,
Texas. Said 6,995 square feet of land surveyed on the ground in the month of May, 2018
under the direction and supervision of Robert A. Hansen, Registered Professional Land
Surveyor Number 6439 and being more particularly described as follows:
BEO1NNING at a found 1/2 -inch rebar found at the northwest corner of said Lot 5;
THENCE
NORTH 69 degrees 32 minutes 48 seconds EAST, 19.20 feet with the
north line of said Lot 5 to a 112 -inch capped rebar stamped " RPLS 22IS"
found at a re-entrant corner of said Lot 5;
THENCE
NORTH 18 degrees 07 minutes 16 seconds WEST, 1.06 feet with the
west line of a parcel of land as described in the deed to the City of Austin
recorded in Volume 1429, Page 462 of the Deed Records of Williamson
County, Texas (hereafter referred to as the COA Parcel);
THENCE
the following eleven (11) calls through the interior of said COA Parcel
and said Lot 5:
1.
NORTH 68 degrees 52 minutes 08 seconds EAST, 39.65 feet to the
beginning of a tangent curve, concave to the south, having a radius of
53.00 feet, and a chord bearing and distance of SOUTH 86 degrees 14
minutes 58 seconds EAST, 44.60 feet;
2.
easterly an arc length of 46.03 feet;
3.
NORTH 68 degrees 34 minutes 33 seconds EAST, 6.21 feet;
4.
NORTH 72 degrees 18 minutes 37 seconds EAST, 22.08 feet to the
beginning of a non -tangent curve, concave to the west, having a radius of
51.50 feet, and a chord bearing and distance of SOUTH 01 degree 11
minutes 28 seconds EAST, 26.21 feet;
S.
southerly an are length of 26.50 feet to the beginning of a reverse curve,
concave to the east, having a radius of 48.50 feet;
6.
southerly an arc length of 20.08 feet;
7.
SOUTH 09 degrees 43 minutes 04 seconds EAST, 0.84 feet to the
beginning of a non -tangent curve, concave to the west, having a radius of
71.50 feet, and a chord bearing and distance of SOUTH 03 degrees 34
minutes 28 seconds WEST, 31.78 feet;
8.
southerly an arc length of 32.04 feet;
THENCE
THENCE
9.
3.
4.
5.
2019099267 Page 11 of 16
SOUTH 16 degrees 24 minutes 47 seconds WEST, 24.34 feet to the
beginning of a tangent curve, concave to the east, having a radius of
13.00 feet, and a chord bearing and distance of SOUTH 13 degrees 01
minute 14 seconds EAST, 12.78 feet;
southerly an arc length of 1336 feet;
SOUTH 42 degrees 27 minutes 16 seconds EAST, 3.91 feet to a point on
the northerly right of way line of Hesters Crossing Road, a I00 -foot right
of way as dedicated on the plat of said La Frontera Section IIIA (from
which a 112 -inch capped rebar stamped "RPLS 2218" bears NORTH 50
degrees 41 minutes 20 seconds EAST, 107.36 feet) being the beginning
of a non -tangent curve, concave to the southeast, having a radius of
1050.00 feet, and a chord bearing and distance of SOUTH 46 degrees 37
minutes 51 seconds WEST, 41.32 feet;
southerly coincident with the northerly curving right of way line of said
Hesters Crossing Road an arc length of 41.33 Net to the beginning of a
non -tangent curve, concave to the east, having a radius of 54.91 feet, and
a chord bearing and distance of NORTH 09 degrees 42 minutes 24
seconds WEST, 42.77 feet;
the following five (5) calls through the interior of said Lot 5 and said
COA Parcel:
northerly an arc length of 43.93 feet;
NORTH 16 degrees 24 minutes 47 seconds EAST, 34.80 feet to the
beginning of a tangent curve, concave to the west, having a radius of
41.50 feet, and a chord bearing and distance of NORTH 03 degrees 34
minutes 28 seconds EAST, 18.44 feet;
northerly an arc length of 18.60 feet to the beginning of a compound
curve, concave to the southwest, having a radius of 23.00 feet;
northwesterly an arc length of 40.89 feet;
SOUTH 68 degrees 52 minutes 08 seconds WEST, 59.27 feet to the west
line of said Lot 5;
THENCE NORTH 20 degrees 26 minutes 16 seconds WEST, 29.17 feet with the
west line of said Lot 5 to the POINT OF BEGINNING, containing 6,995
square feet (0.161 1 acre). The Basis of Bearings for this description is
Grid North as established by GPS observation utilizing the Texas
Coordinate System of 1983, Central Zone.
_044U-1—
Robert A. ansen
Registered Professional
Land Surveyor, No. 6439
Email: rhansen@mckimcreed.com
Date: May 24, 2018
See attached exhibit of even date.
46.
McIQM&CREED
2019099267 page 12 of 16
MIBIT "R"
Description of Casement Area (Diagram)
(See Attached)
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2019099267 Page 14 of 16
EXHIBIT "C"
City Property
Tract One:
Lot 5, Block A. LA FRONTERA SECTION IIIA, a subdivision in Williamson County, Texas,
according to the map or plat recorded in Cabinet S Sli&% 370-3?4 of the Plat Records of
Williamson County, Texas and Document No. 2000648386 of the Official Public Records of
Williamson County, Tcxas.
Tract Two:
A tract of land (no acreage cited) conveyed to the City of Round Rock, Texas by instrument of
record in Volume 1429, Page 463 of the Official Records of Williamson County, Texas.
(Sec Attached)
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2019099257 Page 15 of 16
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2019099267 Page 16 of 16
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019099267
Pages: 16 Fee: $81.00
1011712019 08:26 AM
� � •I ,,,J�J O� �C�t,►�.
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Access Easement Agreement with M4 La Frontera II,
LLC regarding Summit II Improvements.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/27/2018
Dept Director: Michael Thane, Director of Utilities and Enviornmental Services
Cost:
Indexes:
Attachments: LAF - Access Easement Agreement w- M4 La Frontera II, LLC
(00405953xA08F8).pdf, Partially Executed Access Easement Agreement
with M4 La Frontera II, LLC - Summit II (w -exhibits) (00405954xA08F8).pdf,
Easement—La Frontera_SummitlIImprovements. pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1799
Consider executing an Access Easement Agreement with M4 La Frontera II, LLC
regarding Summit II Improvements.
The City is the owner of a property located at 650 Hesters Crossing Road that is improved
with a City elevated water storage tank. M4 La Fronterra II, LLC (M4) is the owner of the
property located at 710 Hesters Crossing Road known as The Summit at La Frontera,
which is on the adjacent property to the west of the City property.
On July 26th, the City entered into a Development Agreement that allows the City to grant
M4 certain access rights and privileges upon the City Property for the purposes of
constructing driveway, landscaping, and fence improvements on the City Property
according to the Site Development Plan for Summit II Eastern Drive Improvements. M4
shall promptly backfill any trenches on the City Property and repair any damage caused by
or on behalf of M4 to the remainder of City Property. The City grants and conveys to M4
and its agents and contractors a license to access and utilize the City Property to the
extent reasonably necessary to install, construct, repair and maintain the improvements.
In addition to the Development Agreement, the City now wishes to enter into an Access
City of Raund Rock Page i Printed on 7/25/2018
Agenda Item Surnmery Continued CM -2018-1799
Easement Agreement with M4 for pedestrian and vehicular ingress and egress to and
from the Summit II property and Hester's Crossing Road following the construction and
acceptance of the improvements.
City o/Round Rock page 2 Printed an 7/25/2018