CM-2019-0226 - 7/26/2019—T�V,ks
City of Round Rock
ROUNO ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Temporary Access Easement Agreement with
Robjacs, LLC and Margaret E. Joseph regarding the Deep Wood Drive
Right of Way parcel purchase.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/26/2019
Dept Director: Gary Hudder, Transportation Director
Cost:
Indexes:
Attachments: Agmt-00427995.PDF, Map-00425018.PDF, LAF-00428283.PDF
Department: Transportation Department
Text of Legislative File CM -2019-0226
Completion of this document by the City was part of the closing obligations as set out in the
Deep Wood right of way parcel purchase real estate contract with Robjacs, LLC which was
previously approved by council at its July 11th meeting (R-2019-0283). After signature by the
City, the Temporary Access Easement Agreement will be delivered to the title company for
execution by the owners as part of the overall r.o.w. parcel conveyance transaction.
City of Round Rock Page 1 Printed on 7/25!2019
TEMPORARY ACCESS EASEMENT AGREEMENT
Deep Wood Drive Right of Way
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS THAT:
COUNTY OF WILLIAMSON §
A. CITY OF ROUND ROCK, TEXAS ("Grantor"), whose mailing address is 221
Main Street, Round Rock, Texas 78664, is the owner of that certain tract of land containing
approximately 3.434 acres in Williamson County, Texas, (the City Tract") and being more
particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes. The
City Tract was acquired by Grantor for the purposes of constructing proposed Deep Wood Drive
public roadway improvements at some point in the future ("Deep Wood Project").
B. ROBJACS, LLC and MARGARET E. JOSEPH, Trustee of the Joseph Family
Trust also known as the James Joseph, Jr. Marital Deduction Trust (collectively "Grantee"), whose
mailing address is 108 East Bagdad Ave., Suite 100, Round Rock, Texas 78664, are the owners
of those certain tracts of land totaling approximately 3.49 acres acres in Williamson County, Texas,
(the Robjacs Tract") and being more particularly identified as Lot 1 (1.69 acres) and Lot 2 (1.80
acres) on Exhibit "B" attached hereto and incorporated herein for all purposes.
C. As of the date of execution of this instrument, the specific date by which Grantor
will begin construction of the Deep Wood Project is undetermined, and so the sole point of
available legal access for Lot 1 and Lot 2 of the Robjacs Tract is from Sam Bass Road. The parties
anticipate direct public access to Lot 2 of the Robjacs Tract will be provided through connection
with the future Deep Wood Project roadway facilities. Grantor wishes to ensure interim Iegal
access to Lot 2 of the Robjacs Tract until such public access is constructed.
In consideration of the foregoing, Grantor by this instrument ESTABLISHES, GRANTS
and CONVEYS to Grantee, its successors and assigns, for the benefit of Lot 2 of the Robjacs Tract,
a temporary easement appurtenant in, upon, over, through and across those portions of the City
Tract that lie within 50' of the eastern boundary of the City Tract (the "Easement Area"), and
generally as shown on Exhibit "B" for the purposes ("Access Purposes") of (a) free and
uninterrupted vehicular and pedestrian ingress and egress between Lot 2 of the Robjacs Tract and
Sam Bass Road; and (b) the placement, construction, installation, operation, inspection,
maintenance, replacement, upgrade, relocation, realignment, removal and repair of street and
drainage improvements serving Lot 2 of the Robjacs Tract.
Any temporary street improvements constructed by Grantee in the Easement Area as
authorized herein shall be of an all-weather surface and of sufficient size and capacity to support
emergency vehicle access at all times during use of the Easement Area and as approved by Grantor,
which approval shall not be unreasonably withheld. The cost of initial construction and continuing
maintenance of any temporary improvements within the Easement Area for the purposes set out
herein shall the sole responsibility of Grantee. The cost of removal of any temporary improvements
within the Easement Area which is required for construction of the proposed Deep Wood Project
shall be the responsibility of Grantor.
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The Easement is non-exclusive, and Grantor may at any time dedicate or grant fee simple
interests or permanent easements in and to the Easement Area or any portion thereof to a
governmental authority or utility service provider, or by recording one or more easements or right-
of-way
ight-
ofway dedications so granting or dedicating the Easement Area or portions thereof (collectively,
"Dedicatory Instruments"); provided, however, that Grantor will not use the Easement Area in any
manner or grant any easement or inconsistent right on or over the Easement Area that interferes or
is inconsistent with or prevents the use of the Easement for Access Purposes until such time as
Grantor begins construction of the proposed Deep Wood Project.
Grantor specifically retains the right to begin construction of the proposed Deep Wood
Project facilities upon the City Tract and the Easement Area at any time in its sole discretion after
execution of this Easement, and shall provide written notice of such intent to construct to Grantee
at the address identified herein, or to the address of any succeeding owner as identified in the
Official Public Records or the William Central Appraisal District.
The Easement will automatically terminate in its entirety and be of no further force or effect
as to the Easement Area on the first date public roadway facilities constructed by Grantor provide
legal access to and from Lot 2 of the Robjacs Tract and the proposed Deep Wood Project. Such
public access need not be wholly over and across the Easement Area, so long as access exists from
Lot 2 of the Robjacs Tract to a publicly dedicated and constructed roadway facility.
In further consideration for grant of this Easement, Grantee agrees to release, indemnify
and hold harmless the Grantor from, and assumes entire responsibility and liability for, any claims
or actions based on or arising out of injuries, including death, to persons or damages to or
destruction of property, sustained or alleged to have been sustained in connection with or to have
arisen out of or incidental to access to or use of the Easement Area for the Access Purposes by
Grantee, its agents and employees, its subcontractors, their agents and employees and any guests,
licensees or invitees.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed to be
effective as of this day of , 2019.
[signature pagesfollow]
GRANTOR:
CITY OF ROUND ROCK
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STATE OF TEXAS
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Acknowledgment
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the gkay of, 2019, by
'ity Manager of the City of Round Rock, Texas, in the4caaci and for the
purposes and onsideration recited herein.
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GRANTEE:
ROBJACS, LLC
By:
Name:
Its:
Acknowledement
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of -'2019, by
in the capacity and for the purposes and consideration
recited herein.
4
GRANTEE:
MARGARET E. JOS EPI I, Trustee of the Joseph Family Trust
also known as the James Joseph, Jr. Marital Deduction Trust
Acknowledgment
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of , 2019, by
Margaret E. Joseph, in the capacity and for the purposes and consideration recited herein.
AFTER RECORDING RETURN TO:
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2P CONSULTANTS, LLC
507 W. Liberty Ave
Round Rock, Texas 713664
512-344-9664
TBPE FIRM #F-19351
T6PLS FIRM 1110194377
rorrer�r
EXHIBIT A
BEING A 3.434 ACRE TRACT (149,576 SQ. FT.) OF LAND OUT OF THE J. M. HARRELL SURVEY,
ABSTRACT 284, WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF CALLED 9.405
ACRE TRACT DESCRIBED IN SPECIAL WARRANTY DEED CONVEYED TO 60/40
PARTNERSHIP BY DEED RECORDED IN VOLUME 1755, PAGE 496, VOLUME 1755, PAGE 505,
VOLUME 1755, PAGE 511, AND VOLUME 1755, PAGE 516, OF THE DEED RECORDS
WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING at a 1 2 inch iron rod found for the northeast corner of said 9.405 acre tract and the north comer of
a called 0.50 acre tract described in deed to Margaret E. Joseph Trustee of the Joseph Family Trust recorded in
Document Number 2007067613 of the Official Public Records of Williamson County, Texas (O.P.R.W.C.T.) and on
the existing west right-of-way line of Sam Bass Road;
THENCE North 46'05'34" West 140.07 feet with the east line of said 9.405 acre tract and the existing west
right-of-way line of Sam Bass Road to a 1 �2 inch iron rod set with cap stamped "2P Consult RPLS 6500"for
the POINT OF BEGINNING of the herein described tract;
THENCE South 53°15'51" West 280.52 feet through said 9.405 acre tract to a 112 inch iron rod set with cap stamped
"2P ConsuIt RPLS 6500";
THENCE 493.63 feet along a curve to the left having a radius of 410.00 feet, a delta angle of 68058"43" and a chord
that bears South 18046124" West 464.35 feet to a 112 inch iron rod set with cap stamped "2P Consult RPLS 6500" on
the south line of said 9.405 acre tract and the north line of a called 12.448 acre tract described in deed to George E.
Transom, 1I and Theresa G Transom, Trustee of the George E. and Theresa G. Transom Living Trust recorded in
Document Number 2008029796 of the O.P.R.W.C.T.
THENCE South 82033'29" West 197.22 feet with the south line of said 9.405 acre tract and the north line of said
12.448 acre tract to a 112 inch iron rod set with cap stamped "2P Consult RPLS 6500" for the southwest corner of the
remainder of said 9.405 acre tract and the southeast corner of a called 2.056 acre tract described in deed to Williamson
County recorded in Document Number 2018011931 of the O.P.R.W.C.T.
THENCE North 11103150" West 323.50 feet with the west line of the remainder of said 9.405 acre tract and the east
line of said 2.056 acre tract to a 1/2 inch iron rod set with cap stamped "2P Consult RPLS 6500'
THENCE North 70°18'59" East 141.32 feet through said 9.405 acre tract to a 1?2 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 26012106" East 50.01 feet through said 9.405 acre tract to a 112 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 17016'54" East 52.18 feet through said 9.405 acre tract to a lit inch iron rod set with cap stamped
"2P Consult RPLS 6500"
CIVIL ENGINEERING • SURVEYING
2P CONSULTANTS, LLC
December 3, 2018
Page 2
THENCE North 51°07'07" East 255.98 feet through said 9.405 acre tract to a 1/2 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 23059'44" West 11.99 feet through said 9.405 acre tract to a 112 inch iron rod set with cap stamped
"2P Consult RPLS 6500";
THENCE North 65157152" East 200.89 feet through said 9.405 acre tract to a 1/2 inch iron rod set with cap stamped
"2P Consult RPLS 6500" on the existing west right-of-way line of Sam Bass Road;
THENCE South 46105134" East 115,75 feet to the POINT OF BEGINNING and containing 3.434 Acres (149,576
Sq_ Ft.) of land.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That 1, Cory Blake Silva, a Registered Professional Land Surveyor, do hereby state that the above description is true
and correct to the best of my knowledge and belief, and that the property described herein was determined by a survey
made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas this the 3'" day of December 2018
A.D.
This description is accompanied by and made a part of a sketch issued by Cory Blake Silva, Registered Professional
Land Surveyor No. 6500.
t2-3-rm
Date
Registered Professional Land Surveyor No. 6500
CIVIL ENGINEERING • SURVEYING
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ORIGINAL SCALE
1-=W
LOT I
1.69 ACRES
50'WIDE ACCESS:
---EASEMENT TOPROYDE
I Sit INTERIM' LEGAL AOCESS
TO LOT 2 UNTIL MEEP
WOOIDIS CON -STRUCTEID
MY THE CITY.
LOT 3 [I'cuY TkA,77711
x°.54 ACRES
LOT 2
1,80 ACRES
AREA TOBE
PURCHASEUD FOR
RIGHT-OFMAY =
146,.593.23SF (3,305AC)
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MENT FROM 10' k,
ENGINEERS PORAW
AS PER AN
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JOHNSON FLAT ROCKS
DEEPWOOD RIGHT-OF-WAY EXHIBIT
EXHIBIT "B"
6" WASTEWATER
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ORIGINAL SCALE
j A�pN 1 60'
LOT 1
1.69 ACRES
,y
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50' WIDE ACCESS
EASEMENT TO PROVIDE
f INTERIM LEGAL ACCESS
s, TO LOT 2 UNTIL DEEP
WOOD IS CONSTRUCTED
1 BY THE CITY. "ROBJACSI
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JOSEPH"
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5 LOT 2
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7.80 ACRES 13,
AREA TO BE
PURCHASED FOR
RIGHT-OF-WAY
LOT 3 L'°ti 146,593.23SF (3,365AC)
1.54 ACRES �t
IN JOHNSON "_ approximate
`$ location of CORR
T` WW extension
vp.
with roadway
construction
approximate location��
-'" w "'~•- of WW easement ,}, -
._»_ granted to CORK
approximate location of existing
City WW manhole
AS PER AN10, ` "•°
LIENT FROWf�!P
ENGINEERS
JOHNSON FLAT ROCKS
507 WEST- LIBERTY AVE,
DEEPWOOD RIGHT-OF-WAY EXHIBIT ROUND ROCK. TEXAS 78664