CM-2019-0361 - 11/22/2019Rose McMillin
From: Don Childs
Sent: Friday, November 15, 2019 2:49 PM
To: Rose McMillin; Gary Hudder (ghudder@roundrocktexas.gov) "� Gam'"
Cc: 'gpohimeyer@roundrocktexas.gov'; 'bstablein@roundrocktexas.gov'; Lisa Dworaczyk;
'esolis@roundrocktexas.gov'; Steve Sheets; Becca Thibodaux
Subject: University Boulevard- BAEV (1).-TCE city manager item
Attachments: LAF BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD(1) -Temporary
Construction Easement agreement (00435469xA08F8).pdf; BAEV(1) -TCE for driveway -
wall reconstruction University Blvd. (execution) (00435450xA08F8).pdf; BAEV(1)--fully
executed contract for University Blvd. r.o.w. (00434357xA08F8).pdf; BAEV(1 - 3)-- property
exhibits for contract approval presentation (DC 6.25.19) (00426745xA08F8).pdf
Rose.
Can you submit the attached item for next week's city manager consideration.
The owner will be delivering their signed document at the closing, and the title company will compile then compile the
signatures together for completion. So we need the City's oriLyinal signature returned to le al and we will then in turn
deliver it to the title company for final clos
I am copying Erica and Becca as I normally r
connection with this document.
Gary
We are getting to a closing on the purchas
council in October (copy attached). The cc
the City in order to complete recording in
I have also attached the property exhibits
necessary again for additional presentatic
Don Childs
Attorney
SHEETS & CROSSFIELD, PLLC
309 East Main Street
Round Rock, Texas 78664
0: 512-255-8877 (x225)
D: 512-738-8725
don scrrlaw.com
al funds required in
contract approved by the
--� Bch needs to be executed by
t oval item in case they may be
Parcel l
TEMPORARY CONSTRUCTION EASEMENT
University Boulevard Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD, LLC, a Delaware
limited liability company (hereafter referred to as "Grantor"), whether one or more, in
consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the City
of Round Rock, Texas, the receipt of which is hereby acknowledged, does hereby grant to the
CITY OF ROUND ROCK, TEXAS its agents, contractors, successors and assigns (referred to as
"Grantee"), a temporary, non-exclusive construction easement for the purpose of (1) constructing
proposed University Blvd. roadway, retaining wall and related facilities within the adjacent right
of way owned or acquired by Grantee, and (2) constructing and/or reconstructing Grantor's
existing driveway entrance from the proposed University Blvd. improvements ("Project") to the
remaining property of Grantor, and any associated grading and drainage therewith, in, along,
upon and across the property described in Exhibit "A" ("the Property") as necessary to carry out
the purposes of this Easement. The removal and/or construction of any improvements, driveway,
curbs, parking lot, or other related facilities on the Property shall be in the location of, subject to,
and shall comply with any notes, details, specifications or other requirements or restrictions as
shown on the plan shects attached as Exhibit "B" and incorporated herein.
The parties agree further as follows:
Following completion of work within the temporary construction easement area described
in Exhibit "A", Grantee shall at its expense and within ninety (90) days of completion of the
work restore any Property injured or damaged by Grantee's use of the Property and activities
thereon, including specifically landscaping, irrigation, parking, pavement, signage, lighting or
vegetation, as closely as possible to substantially the same condition or better than existed
previous to Grantee's entry upon the Property, provided that Grantee shall use all commercially
reasonable efforts to restore the striped parking spaces to a usable condition within two (2) days
of completion of the work.
This temporary construction easement shall be in full force and effect at all times during
the accomplishment and completion of the construction activities described above, provided,
however, the temporary construction easement for area "TCF: I - I" on Exhibit "A" shall terminate
and the easement rights and all Grantee's interest in the improvements constructed within the
easement area, if any, shall revert to and become the responsibility of the Grantor, Grantor's
successors, and assigns on the earliest of (a) the expiration of thirty (30) days after the beginning
of the work upon that portion of the Property; (b) on the date of completion of construction of the
Project; or (c) four (4) years from the full execution of this Temporary Construction Easement.
41'? (>/ I-
00426717. DOC
Further, the temporary construction easement for area "TCC 1-2" on Exhibit "A" shall
terminate and the easement rights and all of Grantee's interest in the improvements constructed
within the easement area, if any, shall revert to and become the responsibility of the Grantor,
Grantor's successors, and assigns on the earliest of (a) the expiration of thirty (30) days after the
beginning of the work upon that portion of the Property; (b) on the date of completion of
construction of the Project; or (c) four (4) years from the full execution of this Temporary
Construction Easement
Grantee shall (1) provide prior written notice to Grantor's authorized representative Wade
McGinnis (by email to: wade@barshop-oles.com at Ieast seven (7) business days prior to the
beginning of work in the Property associated with this temporary construction easement, and
shall confirm receipt of said notice with Wade McGinnis; and (2) obtain, maintain, and provide
to Grantor certificates of insurance evidencing general liability insurance in the minimum
amounts required of contractors under the General Conditions of the City of Round Rock
Construction Contract, naming Grantee as an additional insured. Grantor may change its
authorized representative on prior written notice to Grantee.
Grantee confirms that at no time shall it eliminate, temporarily or permanently, the
existing accessible routes in the Property and to surrounding connections to accessible routes
without prior written agreement from Grantor, and Grantee agrees and ensures that compliance
with the Americans with Disabilities Act shall be maintained throughout Grantee's use of the
Property, at Grantee's sole cost and expense.
To the extent allowed by law, Grantee shall indemnify Grantor and its agents, tenants,
employees, customers, visitors, contractors, licensees, and invitees from any claims, demands,
losses, actions, liabilities, obligations, damages, costs or expenses, including, without limitation,
reasonable attorney's fees arising out of 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, and work on the Property.
At no time during the grant of this easement shall Grantor be denied reasonable driveway
ingress and egress to its remaining property for the purposes to which the parent tract is currently
being put, unless there is an agreement to do so between Grantor and Grantee in advance.
Grantor may use the Property for any purpose not inconsistent with the rights hereby granted
provided such use does not materially interfere with Grantee's exercise of any of its rights
hereunder.
At no time during the grant of this easement shall Grantee, its agents or contractors be
allowed to store machinery or materials within the easement area unattended or during periods
where no active construction work is being performed in the right of way adjacent to the
easement area.
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 Property.
2
IN WITNESS WHEREOF, the parties hereto have executed this instrument on this
day of 72019.
GRANTOR:
BAEV-LASALLC ROUND ROCK UNIVERSITY BOULEVARD LLC,
a Delaware limited partnership
In
Its:
Acknowledament
State of §
County of _ §
This instrument was acknowledged before me on this the day of ._ .
, 2019 by in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of
BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC,
a Delaware limited partnership
Its:
Acknowledgment
State of §
County of §
This instrument was acknowledged before me on this the day of
2019 by _ in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of
AGREED:
CITY Or ROUND ROCK, TEXAS
By
Its
Acknowledgment
State of Texas
County of Williamson §
This instru n was acknMk,Z4:!e��in
ed before me on this th, day of r `' V
2019 by the capacity and for the purposes and
consideration recited herein.
Notary Publ#,tate of exas
EXHIBIT "A" TO WE
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City of Round Rock
R .,A,, CK Agenda Item Summary
Agenda Number:
Title: Consider execution of a Temporary Construction Easement agreement with
Baev-Lasalle Round Rock University Boulevard, LLC which is necessary to
allow entry by the City's roadway construction contractor in connection with
the proposed University Boulevard improvement project (Parcel 1TCE).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/22/2019
Dept Director: Gary Hudder, Transportation Director
Cost:
Indexes:
Attachments: LAF-00435469.PDF, TCE-00435450.PDF, RE Contract-00434357.PDF
Department: Transportation Department
Text of Legislative File CM -2019-0361
A real estate contract for the acquisition of right of way and temporary construction easement
parcels was approved by the city council and executed by the Mayor on 10.24.19 (Item
R-2019-0420). The contract also approved the form of a temporary construction easment
document which was required to be executed by both parties prior to recording. The city
manager now needs to execute the document on behalf of the City in order to facilitate final
completion of the purchase.
Clfy of Round Rack Page 1 Pdnfed on 11/21/2019