CM-2019-0018 - 1/18/2019ELECTRONICALLY RECORDED 2019005154
Williamson County, Texas Total Pages: 6
Page I of 4
Parcel
TEMPORARY CONSTRUCTION WORKSPACE EASEMENT
Lewis Street Improvements
THE STATE OF TEXAS §
g
COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS:
That 405 E MAIN, LLC, a Texas limited liability company, referred to as "Grantor", in
consideration of the construction of certain roadway improvements and other good and valuable
consideration 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 grading to allow construction and installation of
proposed roadway, parking, sidewalk, driveway, and grading 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. The facilities constructed by Grantee shall be in the general
locations and according to the plans and specifications as shown in Exhibit "A" attached hereto and
incorporated herein.
For the consideration above recited and the mutual covenants and conditions herein contained the
parties further agree as follows:
Grantee shall not remove any trees which are defined as protected in the City's Code of
Ordinances from the Property. If any protected trees as defined by the City's Code of ordinances
are determined to be required to be removed from the Property as a direct result of the Project,
then Grantee agrees that Grantor shall not be required to pay any mitigation fees or plant any
replacement vegetation as a result of such removal.
2. Other than in cases of emergency, Project construction activities on the Property shall be
conducted between the hours of lam and 6 pm, Monday through Friday, unless otherwise agreed
to in advance between Grantor and Grantee. Upon a minimum of seven (7) days advance notice
Grantee shall make all reasonable efforts to accommodate requests to the adjustment of overall
Project working hours and locations during any events on, or other use of, the remaining property
of Grantor. Requests to Grantee for Project work schedule alteration to accommodate events of
Grantor shall be made to the following:
Gary Hudder, Director of Transportation
ghudder�7a,roundrocktexas.gov
3. Grantor shall remove any existing fencing from the Property upon fourteen (14) days advance
notice from Grantee, and Grantor shall assume responsibility for the replacement or
reconstruction of any fencing within the Property after the expiration of the Easement rights
herein. Notice under this provision shall be made to the following:
OD415727.DOCX
2019005154 Page 2 of 6
Rob Levin
tinmanrob a,aol.com
with copy to
Mark Dietz
rmdietz _.swbell.net
Any replacement or reconstruction of fencing upon the Property shall be located upon the
property of Grantor, or on the right of way line between the property of Grantor and Grantee,
which upon request such line shall be staked or otherwise identified by Grantee upon completion
of the use of the Property as set out herein.
Following 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. GRANTOR shall be responsible for
reconstruction or replacement of any existing fencing which is removed from the Property by
GRANTEE for use of the Easement as set out 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 eight (8) 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument this Vqay of
2019.
[signature pages follow]
GRANTOR:
405 E MAIN, LLC,
a Texas limited liability company
ASA.HI��k AL
Its:
AcknowlLdgement
State of Texas
County of
. �► a
2019005154 Page 3 of 6
This instrument was acknowledged before me on by
r. .in the .p.city and fr' the purposesand c-onsideration
rNotary. .t; of
Page of
Acknowledgement
State of Texas
County of Williamson
2019005154 Page 4 of 6
'Y / This instrument was acknowledged before me onLdf by
4 auda-14adley, C-i"ana r for the City of Round Rock, Texd, in the capacity and for the purposes
and consideration recited herein
6aK
After recording return to:
Notary Publi Otate of Texas
2019005154 Page 5 of 6
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2019005154 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019005154
Pages- 6 Fee- $41.00
01/22/2019 01.03 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas