CM-2020-056 - 2/21/2020PENDING FINAL SIGNATURE
FROM OTHER PARTY
TEMPORARY MONITORING WELL EASEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
Date: , 202-0
Grantor: GREGORY A. ATTWOOD, Individually and as Trustee,
and KIMBERLY ATTWOOD
Grantor's Mailing Address: 8015 SHARON DR.
LEANDER, TEXAS 78641, TRAVIS COUNTY
Grantee/Holder: CITY OF ROUND ROCK, a Texas home rule city
Grantee's Mailing Address: 221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Easement Property: All that certain tract, piece or parcel of land, lying and being situated in the
County of Travis, State of Texas, described with particularity by metes and bounds in Exhibit "A,"
attached hereto and made a part hereof for all purposes.
Easement Purpose: For the maintenance, operation of and access to a single (one only)
monitoring well which has previously been installed by Grantee on the Easement Property,
hereinafter referred to as the "Well."
Consideration: Ten dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Reservations from Conveyance: NONE
Exceptions to Warranty: This conveyance is made by Grantor and accepted by Grantee subject
to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding
mineral interests and royalty interests, and liens, if any, relating to the Easement Property, to the
extent, that the same may still be in force and effect, and either shown of record in the office of
the County Clerk of Travis County, Texas, or that may be apparent on the Easement Property.
Grant of Easement: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs,
successors, and assigns an easement over, on, and across the Easement Property for the Well,
together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement"), to have and to hold the Fasement to Grantee and Grantee's heirs,
successors, and assigns during the term hereof. Grantor binds Grantor and Grantor's heirs,
OOL437787 DOCX
successors, and assigns to warrant and forever defend the title to the Easement in Grantee and
Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to
claim the Easement or any part of the Easement, except as to the Reservations from Conveyance
and Exceptions to Warranty to the extent that such claim arises by, through or under Grantor but
not otherwise.
Terms and Conditions: The following terms and conditions apply to the Easement granted by
this agreement:
1. Chai-actei- of Easement. The Easement granted herein is "in gross," in that there is
no "Beneftted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's
successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted
herein are exclusive and irrevocable, except as herein provided.
2. Duration of easement. Unless extended by agreement of the parties, the Easement
shall terminate and be of no further force and effect on the earlier of (1) the completion and
acceptance of the construction and installation of the BCRUA Phase 2 Raw Water Delivery System
Project, or (3) January 1, 2030. Upon termination of the Easement, Holder shall at its sole cost
within ninety (90) days of such termination perform all actions required to abandon the Well in
accordance with the standards and regulations set by the Texas Commission on Environmental
Quality, or its successor, then in effect, and shall remove any surface improvements and restore
the surface to a naturally vegetated condition.
3. Access to Easement Property. Upon 24 hours prior notice by phone or e-mail as
provided to Grantor pursuant to the Notices provision contained herein, or at other time agreed to
between the parties, Grantor will allow access to the wellhead by licensed professionals acting as
agents of Buyer for the purpose of measuring water level or water quality according to standard
procedures and practices. Access to the well for water level and water quality measurements will
occur not more than once per month for routine maintenance and inspection.
As part of this easement grant, Holder shall have the reasonable right of access as depicted
in Exhibit B attached hereto. Holder may deviate slightly from the route depicted on Exhibit B
if needed for access to the Well. Within 30 days after execution of this Easement Grantor shall
at Holder's sole cost and expense (a) install a gate where the access route intersects with Sharon
Road, and (b) provide any clearing necessary for reasonably passable passenger vehicle access
along the route depicted on Exhibit B. Grantor shall have the absolute right of access to the
access route depicted in Exhibit B through any gate installed by Holder or otherwise and Grantor
may place Grantor's own lock on the gate using the interlocking or other similar method to ensure
Holder maintains access as well. Grantor shall have the right to subsequently improve the
gate/entrance where the access route intersects at Sharon Road at Grantor's sole cost and expense
provided Grantor allows Holder reasonable access at all times. Such access shall specifically be
limited to direct ingress and egress to and from the Easement Property, and according to the
following locations, methods, and restrictions:
(a) By using only existing access roads and lanes on the property of Grantor which
provide the most direct route to access the Easement Property as depicted in Exhibit B, and
which otherwise limit any impact to or crossing of other portions of Grantor's remaining
property.
2.
(b) In accessing the Easement Property Grantee, its contractors or agents shall not vary
from the most direct method or path of available ingress or egress, or otherwise cross or
use portions of Grantee's remaining property outside of such path or purpose for any
reason.
(c) Grantee shall provide reasonable advance notice to Grantor of its intent to provide
non -routine maintenance or monitoring of the WeII.
(d) If after the date of this easement any portion of the remaining property of Grantor
becomes part of a legally approved and recorded subdivision, Grantee agrees to provide
reasonable cooperation to partially release from the terms of the easement any portions of
the platted lots which are reasonably determined to be unnecessary for continued access to
the Easement Property as set out herein.
4. Improvement and Maintenance of Easement Property. Improvement and
maintenance of the Easement Property and the Well will be at the sole expense of Holder. I lolder
has the right, following thirty (30) days' notice and opportunity to cure, to eliminate any
encroachments into the Easement Property. Holder has the right to construct, install, maintain, and
cap the Well within the Easement Property, as well as to install, maintain, replace, and remove
devices necessary to utilize the Well for the stated purpose. All matters concerning the Well and
their configuration, construction, installation, maintenance, replacement, and removal are at
Holder's sole discretion, subject to performance of Holder's obligations under this Easement,
however, I lolder shall specifically be prohibited from the construction of any additional above
grade improvements at the Well site which were not existing as part of the of initial well facility
installation, without prior approval from Grantor.
5. Equitahle Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by
this agreement; provided, however, that the act of obtaining an injunction or restraining order will
not be deemed to be an election of remedies or a waiver of any other rights or remedies available
at law or in equity.
6. Indemnity. Grantee shall, to the fullest extent allowed by law, indemnify Grantor,
its successors and assigns, from any and all liability of any nature which may arise as a result of
the prior installation or construction, and the operation and maintenance, by Grantee of the Well.
7. Binding Effect. This Easement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns. Grantee may not assign a portion of the
rights granted under this Easement unless it assigns all of its rights under this Easement. This
Easement and the rights granted hereunder, may only be assigned by Grantee to another public
entity which operates, or plans to operate, a water tunnel or water supply system which acquires,
or plans to acquire, an easement for such purpose across the Property. Grantee shall notify Grantor
at least thirty (30) days in advance of any proposed assignment of this Easement and such notice
shall include an address and contact information for a representative of such assignee.
3.
8. Choice of Lai,. This Easement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is agreed to be in Travis
County, Texas for all purposes.
4. Counterparts. This Easement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts will be
construed together and will constitute one and the same instrument.
10. Waives• of Default. It is not a waiver of or consent to default if the non -defaulting
party fails to declare immediately default or delays in taking any action. Pursuit of any remedies
set forth in this Easement does not preclude pursuit of other remedies in this agreement or provided
by law.
11. Further 4ssw•ances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary or appropriate
to perform the terms, provisions, and conditions of this Easement and all transactions contemplated
by this Easement.
12. Integration. This Easement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that there are no oral
agreements, representations, or warranties that are not expressly set forth in this Easement.
13. Legal Construction. If any provision in this Easement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, the unenforceability will not affect any other provision hereof, and this Easement will
be construed as if the unenforceable provision had never been a part of the Easement. Whenever
context requires, the singular will include the plural and neuter include the masculine or feminine
gender, and vice versa. Article and section headings in this Easement are for reference only and
are not intended to restrict or define the text of any section. This Easement will not be construed
more or less favorably between the parties by reason of authorship or origin of language.
14. Notices. Any notice required or permitted hereunder must be in writing and any
notice required will be deemed to be delivered (whether actually received or not) when deposited
with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and
addressed to the intended recipient at the address shown herein. Notice may also be given by
regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially
reasonable means and will be effective when actually received. Any address for notice may be
changed by written notice delivered as provided herein.
15. Recitals. Any recitals in this Easement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
EXECUTED THIS DAY OF , 20
/signature pages follow]
4.
GRANTOR:
GREGORY A. ATTWOOD, Individually and as
Trustee
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
20 , by Gregory A. Attwood, Individually and as Trustee, in the capacity and for the purposes
and consideration recited herein.
Notary Public, State of Texas
5.
KIMBERLY ATTWOOD
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
20 , by Kimberly Attwood, in the capacity and for the purposes and consideration recited
herein.
Notary Public, State of Texas
6.
ACCEPTED AND AGREED BY GRANTEE:
City of Round Rock, Texas, on behalf of the
Brushy Creek Regional Utility Authority
(BCRUA)
WL—J1 ; --qW2 fffflwo.
ACKNOWLEDGMENT
STATE OF TEXAS §
�Jf §
COUNTY OI ! II
O Thi instrument was acknowled red before me on the2— ��day of ,
20� , by =�.. ,the ! f City of Round Rock, Texas, on behalf f the
Brushy Creek Regional Utility Authority ( CRUA).
`���NpUEAD,j;ys�����i
Notary Public,l ate of Texas
AFTER RECORDING RETURN TO:
Cobb, Fendley & Associates, Inc.
Right of Way Department
505 E. Huntland Dr., Suite 100
Austin, TX 78752
7.
EXHIBIT "All
All
Brushy Creek
Regional Utility Authority
Monitory Well No. 2 Easement
Rusk Transportation Survey
Abstract No. 81
METES & BOUNDS DESCRIPTION OF A TRACT CONTAINING 25 SQUARE FEET OF
LAND LOCATED IN THE RUSK TRANSPORTATION SURVEY, ABSTRACT No. 81, TRAVIS
COUNTY, TEXAS, AND BEING OUT OF THE REMAINDER OF LOT 6, LAKE TRAVIS
SUBDIVISION No. 6 RECORDED IN VOLUME 4, PAGE 157 OF THE TRAVIS COUNTY PLAT
RECORDS (T.C.P.R.). SAID 25 SQUARE FOOT TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a I/2-inch iron rod found (with plastic cap stamped "CS LTD") (N=10,138,998.24;
E=3,058,186.73) marking the northwesterly comer of said Lot 4, Block "A', Gate Hollow Estates
Addition as recorded under C.F. No. 200600049 of the Official Records of Travis County, Texas;
THENCE, S 84°51'01" W, a distance of 321.21 feet to a calculated marking the POINT OF
BEGINNING and northeasterly corner of the herein described tract (N=10,138,969.40;
E=3,057,866.81), from which a 1/2-inch iron rod found marking the southwesterly comer of said Lot 4,
Block "A", Gate Hollow Estates Addition bears
S 60°09'23" E, 409.84 feet;
THENCE, South, a distance of 5.00 feet to a calculated point marking the southeasterly comer of the
herein described tract;
THENCE, West, a distance of 5.00 feet to a calculated point marking the southwesterly comer of the
herein described tract;
THENCE, North, a distance of 5.00 feet to a calculated point marking the southwesterly corner of the
herein described tract;
THENCE, East, a distance of 5.00 feet to the POINT OF BEGINNING of the herein described tract
containing 25 Square Feet of land, more or less.
q.
ebber, dr., RPL
gistration No. 4552
Project Manager / Senior Staff
Surveying And Mapping, LLC (SAM)
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1015035187 Monitor Well No. 2 - Easement Page 1 of 2
0 20' 40'
GRAPHIC SCALE
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REVIEWEO BY:
25 SQUARE FOOT EASEMENT
RUSK TRANSPORTATION SURVEY
ABSTRACT NO. 81
TRAVIS COUNTY, TEXAS
• 1/2" CAPPED IRON ROD FOUND "CS LTD"
® CALCULATED POINT
P.O.S. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
1
1
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1 /REMAINDER OF LOT 6 N=10138998.24
OAT BRUSHY CREEK
4801 Southwest Parkway PROJECT: REGIONAL unLmr AUfHOR1TY
Bulkling Two. Sulte 100
Austin Texas. 78735 SHEET 2
Ofe1 512.447.057s
Fax512.326.3029 OF 2
SURVEYM (Idl la small: trnfoosorn.his
Texas Firm Registration No. 10064300
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