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CM-2018-1965 - 12/7/2018ELECTRONICALLY RECORDED 2019005155 Williamson County, Texas Total Pages: 5 Page 180 Pared TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That SONOMA HOMEOWNERS' ASSOCIATION, referred to as "Grantor", in consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace easement for the purpose of additional workspace and temporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: N/A. Fallowing completion of work within the temporary construction workspace easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. 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 thecourse of their employment. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification to Grantor in writing of the requested extension period, and (2) tendering the additional sum of 5250 for each additional extension period used. CA1-2-('i= 00413294.DWX/DC 2019005155 Page 2 of 5 E2of3 IN WITNESS WHEREOF, the parties hereto have executed this instrument this jhtday of ti6er , 2018. GRANTOR: SON A HOME WN S' ASSOCIATION By; Name: . Vo j4+J Its: f 'E&iVe 0-r Aeknowledeement State of Texas County of t `/, _w4 %a A4 This instrument was 40owledged before me on �5 by 12- in the ca a s and consideration recited herein. 8:► °!i; MICHAEL WELLNER M7 Notary IQ # 126853020 DOM March 26,2D22 N;tarjPublicLState of Texas Pace 3 or3 AGREED: CITY OF ROUND ROCK, TEXAS Laurie Hadley, City Manager Acknowledgement 2019005155 Page 3 of 5 State of Texas County of Williamson It This instrument was acknowledged before me on by Laurie .Hadley, City Manager for the City of Round Rock, Texas, in the capacityAd for the purposes and consideration recited helCewi111N1w._ Notary is State of Texas Of 11PIL r After recording return M- -qtr- MK"�,. 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Nancy E. Rister,County Clerk Williamson County,Texas Page I of 3 Parcel TEMPORARY CONSTRUCTION WORKSPACE EASEMENT Gattis School Road Waste Water Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That SONOMA HOMEOWNERS' ASSOCIATION, referred to as "Grantor", in consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK, TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and assigns, a temporary construction workspace easement for the purpose of additional workspace and temporary storage of material and equipment to allow construction and installation of proposed waste water line facilities and other necessary structures and related appurtenance construction ("Project"), all to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: NIA. Fallowing completion of work within the temporary construction workspace easement area described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. 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. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification to Grantor in writing of the requested extension period, and (2) tendering the additional sum of $250 for each additional extension period used. CA4 2—dJ-- / e� 6`77 00413244.1)OCX DC Pale 2 or3 IN WITNESS WHEREOF, the parties hereto have executed this instrument this i day of ;_We �, 2018. GRANTOR: SONO A HOME WN S�ASSOCIATION Name: bc)WQA V. Vlo I -W Its: _* Er, iDe-0'r Acknowledeement State of Texas / County of JJ -� This instrument was acknowledged before me on d��'''�.5� A/ r/�1 ° by %L- ��i6 in the capacity and for the purposes and consideration recited herein. Nota Public—State of Texas Page 3 ora AGREED: CITY OF ROUND ROCK, TEXAS Laurie Hadley; City Manager Acknowledgement State of Texas County of Williamson This instrument was acknowledged before me on by Laurie Hadley, City Manager for the City of Round Rock, Texas, in the capacity d for the purposes and consideration recited hexoWHltttlll pNIQU0 6. , • Y06. PVA!/� • N • After recording return t6�i�i'''/'��r Notary P is State of Texas a...r fel ARmP zv�� 5�-1 o-cmu) -,ma� v rn W1 O o "JC) cn o Ch D "+ O U) O ...1... ;U> m;UZ- 0 M(�Z� m 0 O M LO N N o 0 N °6 4 -4 �cn 0U3 C LDM rl Ip I I o In I 0 1z o ala x k"> >IK zm N I Ir to0 r- 0 I l , �I qq 0 �d 0 .Os 0 p O �r~oo -�� fruD :0 n 0 ;D-0-u*O$0g0-u 0 nzZF'mgE E or - +-+aaaDc A o 0 O In zwzzTz� M rno -u Me M� pm 'i D r-;dzC: 0c: 00 0 z i0i1 0' 0 a aLn p 0 w 0 )I1-- I1 D I � m m� l� .omz 1 MoD nmcn mac I�VQ x 10 O -4 170 >M to I l , �I qq 0 �d 0 .Os 0 p O �r~oo -�� fruD :0 n 0 ;D-0-u*O$0g0-u 0 nzZF'mgE E or - +-+aaaDc A o 0 O In zwzzTz� M rno -u Me M� pm 'i D r-;dzC: 0c: 00 0 z i0i1 0' 0 a aLn p 0 w 0 )I1-- I1 r----,-- l� mo z� v� A I � to r ;e6(, -n h N ITI /coilz11 > X U 00J o EXISTING R.O.W. o +VIA SONOMA TRAIL (60' ROW WIDTH) City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Temporary Construction Workspace Easement with Sonoma Homeowners' Association which is required for the Gattis School Road Waste Water Improvements Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/7/2018 Dept Director: Michael Thane Cost: Indexes: Self -Financed Wastewater Construction Attachments: 00413986.PDF, 00414062.PDF Department: Utilities and Environmental Services Text of Legislative File CM -2018-1965 Sonoma HOA has agreed to grant both the permanent and temporary easements required for this project at no purchase cost to the City. Source of Funds: Self -Finance Wastewater Construction Fund City of Round Rock Page 1 Printed on 121512018