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CM-2021-269 - 10/22/2021ELECTRONICALLY RECORDED 2021163345 Williamson County, Texas Total Pages: 32 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF A WATER LINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of Travis and Williamson, State of Texas ("Releasoe'), with mailing address of 221 East Main Street, Round Rock, Texas 78664, for and in consideration of the sum of Ten and No/ 100 Dollars ($10.00) and other good and valuable consideration paid by SIGNATURE STAY, LLC, a Texas limited liability company, whose address is 6504 West Courtyard Drive, Austin, Texas 79730, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE a Water Line Easement recorded as Document No. 2019034539 of the Official Public Records of Williamson County, Texas, attached as Exhibit "A," and incorporated herein by reference for all purposes. This instrument is given specifically to release the described said easement to the extent Releasor is Grantee of said easement, which easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which portion of said easement will be of no further effect, whether legal or equitable. IN WITNES W EREOF, the City o R nd Rock, Texas has caused this instrument to be executed on this the ay of the month of , 2021. RELEASOR: CITY OF ROUND ROCK, TEXAS By: �zn:je 15f00s y, lrity Manager `14m� . 6Q,a6-2-(- ZCeq 00484163Iss2 EVAC2109-W3 2021163345 Page 2 of 32 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the lz—' may of the month of Vn� ✓2021, by Laur' ity Manager for the City of Round Rock, Texas in the capacity and for the purposes and sideratio erein expressed, ,�g11111p �Hlii ISM _� •• SAY P� •. /�1. /A QiIU`� O e! ;• '� /�, : N6 ry Puic, State bl / rFOF IT- AFTER EXECUTIN , RETURN T� Planning and Dev opment Services 301 W. Bagdad �e., Suite 210 Round Rock, T 78664 2021163346 Page 3 of 32 Exhibit "A" ELECTRONICALLY RECORDED 2019034S39 William County. Texas Total Pages:110 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATERLINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That PRITOR LONGHORN TEXAS HOTELS, LLC., a Delaware limited liability company, whose current address is 400 West Illinois, Suite 950, Midland, Midland County, Texas 79701, and its successors and assigns, (hereinafter referred to as "Grantor'l, for and in consideration of the sum of TEN and NO/ i00 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation (hereinafter referred to as 'tiGrantee" ), whose mailing address is 221 East Main Street, Round Rock, Williamson County, Texas 7HU, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right -of --way to construct, Install, operate, maintain, Inspect, reconstruct, enlarge, relocate within said easement, rebuild, repair, and remove a water distribution system and waterlines. together with all necessary lines, pipes, conduits, valvm vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in. upon, over, under, above and acmas the following described property of Grantor (the "Easement Area"), to -wit. Being 0.0124 acres of land situated in the City of Round Rock. Williamson County, Texas, and being a portion of that certain called Lot 8, Round Rock Retail Subdivision, Phase 2 Replat as recorded in Cabinet FF, Slides 34-36 of the Plat Records of Williamson County, Texas; said 0.124 acre tract of land being more particularly described by metes and bound and sketch in Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that sold easement, rights and privileges shall cease and revert to Grantor in the event the said waterline is abandoned, or shall cease to be used, for a period of two (2) consecutive years, Grantor covenants that it will not convey any other easement or conflicting rights within the Easement Area covered by this grant following the execution of this easement without the express written consent of Grantee. which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the Easement Area to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent of Grantee shall be requested by Grantor in the following manner: written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street. Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive. Round Rock, Texas 78664. 419116 THC Eolgw-am RR Hotel 2021163345 Page 4 of 32 Exhibit "A" 2019OUS30 Page 2 of 10 Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Area over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience toGrantor; providedthat such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the Easement Area by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingr9en and egress Includes the right of the Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents. or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the Easement Area; (d) the right to grade the Easement Area for the Ml width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (e) the right ftom time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement Area and to trim and to cut down and clear away any trees on either side of the Easement Area which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or finings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refiuse wood shall be burned or removed by Grantee; (t) the right to install, maintain and use gates in all fences which now cross or shal I hereafter cross the Easement Area; and (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall dean necessary. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; 2021163345 Page 5 of 32 Exhibit "A" 2019034539 Page 3 or to (b) Grantee shall promptly bacidill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement Area for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement Area, including the right to build and use the surface ofthe Emement Area for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building. barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement Area, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building. or other use inconsistent with the rights conveyed to Grantee by the easement; provided, however, before constructing any improvements, at least ten (IQ) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the Easement Area, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the Easement Area. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility waterline easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above -described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. (Signatures and Acknowledgement Next Page) Exhibit "A" 2021163345 Page 6 of 32 2019034539 Paga 4 of 10 WITNESS WHEREOF, Grantor has caused this instrument to be executed this Imo_ day of Ao rl 2014. GRANTOR: PRITOR LONGHORN TEXAS HOTELS, LLC, a Delaware limited liability company S Name: e' t Title: V98a('1f ��nn kt.0%6y FO ACKNOWLZDGMENIC THE STATE OF 7e$ COUNTY OF _Iyj, �Q Thi Instrument was acknowledged befo me an this the i I day f month ofL112019, by (Name}, P itle}, of PRY LONGHORN TEXAS HOTELS, L , a Delaware limited liability ,known by me to be the person whose name is subscribed to the foregoing Instrument, and acknowledged to me that he executed the some as the act and deed of and on behalf of said ntity and in the capacity and for the purposes and consideration therein expressed. 1 t+2bP1'9$7, t! A.t10N ,�pu�Ury VV 1 r lL� rt �lf�l/ rtoz If $0 * �� n 3 ✓u� r •�'p� e! I E+l ►<K01 �411,�hc. 4ndA�9lOrt�,��:�{.' Printed Name Notary Public, State of __ Lew XGC.? Alter recording please return to: Development Services Office 301 W. Bagdad Ave., Suite 140 Round Rock, TX 7866 2021163346 Page 7 of 32 Exhibit "A" 2019034539 Page a of 10 IN WITNESS WHEREOF, the undersigned has executed this Lender's Consent and Subordination this 'Y day of , 2019. WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2014-LC 16, COMMERCIAL MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2014-LC16 By: Wells Fargo Bank, NA, solely in its capacity as Master Servicer By: Name: Derek Martindale Title:—Birector STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG On this W day of -A ' 1 ,WA personally appeared before me Derek Martindale, as Director of WELLS FARGO BANK, NATIONAL ASSOCIATION, acting in its authorized capacity as Master Servieer for and on behalf of WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2014-LC16, COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2014-LC 16, signer and sealer of the foregoing instrument and acknowledged the same to be his/her free act and deed and the free act and deed of said entities, before me. He/she is personally known to me or has produced a driver's license as identification. My commission expires: J, 00 -0k- w Janet Garner NOTARY PUBLIC Gaston County, NC 2021163345 Page 8 of 32 0.0124 Acres (640 SQ. FT.) 2223-10502 ex4R.dwg EXHIBIT "A" 4 stantec FIELD N07E DESCRIPTION Easement 20190US39 Page T of 10 FN NO.2220-11178.6R December 18, 2018 JOB NO.222011178.913 Being 0.0124 acres of land situated in the City of Round Rock, Williamson County, Texas, and being a portion of that certain called Lot 8, Round Rock Retail Subdivision, Phase 2 Rapist as recorded in Cabinet FF. Slides 34-36 of the Plat Records of Williamson County, Texas; sold 0.0124 saes being more particularly described as follows, with all bearings being referenced to the North American Datum of 1983, Texas State Plane Coordinate System, Central Lone; Commencing, at a found IRK nail on the Northeast right-of-way line of South A. W. Grimes (variable width right-of-way); said point being the most Westerly comer of Lot 10 and the most Westerly South oonter of Lot 8 of said Round Rock Retail Subdivision, Phase 2 Replat; Thence, N 550 07' 05" E, 15.04 feet, along the common line of said Lot 10 and Lot 8, to the South comer and Point of 9e911nning for the herein described tract of land; Thence, into said Lot 8 as follows; Along the we of a curve to the right, having a chord of N 380 05' 55" W, 18.69 feet, a radius of 734.00 feet and a central angle of 010 27' 33", a distance of 18.69 feet, to a point for the West Corner of the herein describad tract of land; said point also being on the South line of a called 15' Water Easement as recorded in said Round Rock Retail Subdivision, Phase 2 Rapist-, N 54e 01' 40" E. 29.01 feet, along the South line of said 15' Water Easement, to a point for the North corner of the herein described tract of land; - S 34e 52' 55" E, 19.21 feet, to a point on the common line of said Lot 8 and Lot 10, for the East comer of the herein described tract of land; Thence, S 550 07' 05" W. 27.95 feet, along the common line of said Lot 8 and Lot 10, to the Point of Beginning, containing 0.0124 acres (540 square feet) of land. more or less. 2021163345 Page 9 of 32 Exhibit "A" 2010OUS39 Pages of 10 Page 2 of 3 Note: A sketch of even date accompanles this Legal Description. Hal B. Lane III MM Registered Professional Land Surveyor Texas Registration Number 4600 Stantec Consulting Services, Inc. 70 NE Loop 410, Suite 1100 San Antonio, Texas 76216 2101525.9090 TBPLS Firm No.: 1oiwwa Exhibit "A" 2021163345 Page 10 of 32 2019034539 Page 9 of 10 Ptt ftft IMM P-04 rptlt W 40MMOO 0 P.OJL PaNt W 11ONNN& 2" RE is NIM a AW ICT ROY* ROCK TOM /JO' CROSS -AMISS EAST / CAB f ,, .SIt"S 3I-36 \ ~ ~ ~ ' � � .�' liiE1S1E11fA 7FJP EAS2'rfF/VT 4 "WIVONJ O.P.R. ago \\ 1 ���11,P, e��a1s � l� 1� I — • \ 15' WA DER r E�tSrEAlE7V /p fr. SWES J4-.� P.R � gyp•+`- 1A� •101 P110110�11�I1�t1�111 / 'y��f. P h/� �/ a4fAi 2 1 "g Stantec tTMwaw.rr ti>d MNrr�.li TlOw MtRlNstiwllNrR�R� lNs"m To/MN11 l swwlrsim Or1T! 1flhig0lPT il;ii•i'W • W It,1 1 �� is, PM,9S[!C uAvuTr EAs>I vT CAB f. SMS 105-1S6 P.R. i� 11 11 111 i O SKETCH TO ACCOMPANY DESCRIPTION OF a A 0012aACRE U61AWff, trtYARO 841111111 CRY Of RQA10 ROCK wwu+waalaouM�l,,aAt��ua�wllta„orlar �ewc+c� OF Tq! 1110M ROCK RETAIL Iltl POION FWMJ RV1AT 04 RECOM O Ell C11f1111167 PP. kW636M OP T99 PLATOMCOM Oi W4iLIMSONC4VX". TtJtllf - 1011AMe1W.m f /R&=G-111m11%4*Av PRPROPOSED��PSED EASEMEIT SWEET 3 OF 3 M1O�61w • nWils,4 P1I • • Re{.Uwumu Rlmumm^uvm RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2021163346 Page 11 of 32 Exhibit "A" 2019034539 Page 10 of W ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019034539 Pages, 10 Fee: $57.00 04l2512019 12:00 PM 0-' Nancy E. Rister,County Clerk Williamson County,Texas 2021163345 Page 12 of 32 Sent by: 0912212021 Need by: _09/28/2021 ROUND ROCK, T>E. Easement Vacation Puw'm o'°"� Utility Director Signature I have no objection to the requested encroachment agreement, as described in the referenced application. Application #: EVAC2109-OD03 Address: 2631 SAW Grimes Subdivision/Legal Description: Round Rock Retail Subdivision Lot/Block: 8/Phase 2 The City Utility Department hereby approves the Vacation in its easement areas on the subject property upon the following conditions: 1. The City or any utility company having authority to Use the easement shall not be liable for repair or replacement of any private structures within the easement in the event that they are moved, damaged, or destroyed by virtue of the lawful use of the easement 2. Owner(s) shall be responsible for any costs associated with the removal or damage of private structures encroaching into the easement area 3. Owner(s) are responsible for verifying that no conflict exists with existing utilities prior to installation 4. The City shall have no responsibility to maintain any private structures within the easement 5, This Agreement shall run with the land and shall be recorded against the title to the subject property r /d 2J Michael hane, P.E. Date Utility & Environmental Services Director City of hound Rock For Staff Use Only 2021163345 Page 13 of 32 ISLE MKICALLY PAC== 4018063161 WNllamsoa Caw ty, Tons Total MSes: 4 SPF.CRAL WARRANTY DEED NOUCE OF COMMIUMAIM RIGHTS: IF YOU ARE A NATURAL YOU MAY REMOVE OR BTRM ANY OR ALL OF THR M111ORMATION FROM ANY UUMUMB.NT TAAT TRANSFERS AN REAL PROPERTY DBFORR 1T N FILED FOR RECORD IN TAR PUXUCJ YOUR SOCIAL SECURITY NUMBER OR YOUR DRIMMIS 1iCEN81 STATE OF TEXAS ¢ I § KNOW ALL PEOPLE a COUNTY OF WILUAMSON $ That Fluor Lift0c>ro Tan Aetala 1LLC, a liability company ("OrantW), vA llm ensiling eddlm is 2211 NW IyGlit n 1, Sea Antonio, Two 78213, for and in ooasldendoa of dw Gum of Tan Do[ and Othar good and valuable coundara ion paid by 61poWn Slsy ntitM liability compmy C`Gmnmoe" ). whose mailing addem is 3708 GiWu Path, Ue. Texas 76666, trite reooipt of which is hereby aekaowh6W. i& subject om henbmftter as forik QMMED. BARGANED. SOLD. and CONEE D. by these Fes ms does GRANT, BARGAIN, SELL► acid CONVEY unto tie uoc Lot 4 ROUND 09M RETAIL MAN , 11EK AT, a WANb m h W..a.an Go", Texas oc e m Ili no to Rs a pid FF. SMO W aI am *Itrt RAM& Of v+ mv*n 0mft. Term (cht " iA%C), together with ai siAgnl� tNee deft Fmiegm, mmdumats. WA appaeiaeeQoas peeiainieeg rao such: (dee "Pe�opeeyr"j. Ibis conveyaa>tea ij m all ttnaneats, ootditiom eest"Onk ead odw numm Of rocOc(the "Pemrdtted EtltcA meaa�. EXCEPT FOR X RBPRESENTAITONS, IN CONNEMON WITH THE CONVEYANCE P TY AS PROVIDED FOR HEREIN, GRANTOR HAS NOT MADE AND ANY REPRESENTATIONS. WARRANTIES OR COVEN= D OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPU TO THE QUALITY OR CONDITION OF TM PROPERTY. THE SULTAB HE PROPERTY FOR ANY AND ALL ACITVITIPS AND UM WHICH a Y CONDUCT THERBON, COMPLIANCE BY THE PROPERTY WITH ULES, ORDINANCES OR REGULATIONS OP ANY APPLICABLE GOV AUTHORITY OR HABTTABIUTY, MERCHANTABILITY OR F PARTICULAR PURPOSE, AND SPWFICALLY, GRANTOR DOES NOT REPRBSBNTAT[ONS REGARDING HAZARDOUS WASTE, AS DEFINED WS OF THE STATE OF TEXAS AND ANY REOULATIONS ADOPTER) THERETO OR TIM U. S. ENVIRONMENTAL PROTECTION AOBNCY RE TIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OF ANY HAZARDOUS ,W OR ANY OTHER HAZARDOUS OR TOXIC SUBSTANCES IN OR ON THE 638182.1 not RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for sat sfactory recordation 2021163346 Page 14 of 32 2010MI41 Pagf 2 of 1 PROPERTY. Grasses accepts tiro Property -with the Pmp" being in its present AS IS candid" WCPH ALL FAULTS. ORANPEB ACKNOWLEDGES AND AGRBES THAT EITHER GRANTEE IS AS ENGAGED AND IS RELYING ON PERSONS WHO ARE SXPBRI� OWNIiRSMP. DEVELOPMENT ANDA0R OPERATION OF PROPERTIES THE PROPERTY AND THAT GRANITE HAS INSPECTED THE PROPERTY THE PROPERTY TO BE 1NSPI3(= TO ITS SATISFACTION AND IS TO MAKE SUCH INSPLCITON. GRANTEE ACKNOWLpD(1BS THA FULLY RELYING ON GRANTEE'S (OR GRANTEE'S REPRESENTATN ONS OF THE PROPERTY AND NOT UPON ANY STA'IBII+�NT (ORAL WHICH MAY HAVE BEEN MADE OR MAY B@ MADE (OR MADE) BY GRANTOR OR ANY OF ITS RePRESENTATTVES. ORANTEC S THAT ORANTEE HAS (OR GRANTEE'S R TATI THOROUGHLY INSPECTED AND EXAMINED TIC PROPERTY TO DEEMED NECESSARY BY GRANTEE iN ORDER TO ENABLE EVALUATE TIM CONDITION OF THE PROPERTY AND ALL OF THE PROPERTY (INCLUDING, BUT NOT LIMITED To, THE AL CONDITION OF THE PROPERTY); AND GRANTEE ACKNOWLBD(i GRANTEE IS RELYING SOLELY UPON 113 OWN (OR ITS REPR8S6NT SPEC'TION, EXAMINATION AND EVALUATION OF THE PROPERTY. REBY EXPRESSLY ASSUMES ALL RISKS, LIABIL EIS, CLAIMS, COSTS {AND AGREES THAT ORANTOR SHALL NOT BE LI FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER D ESn ULTINO OR ARISINO FROM OR RELATED TO THE OWNERSH[P, U MON, LOCATION, MAWMANCE. REPAIR OR OPERATION OF ROPER 1T1tIBUTABLE TO THE PERIOD FROM AND AFTER THE DATE OF . GRANTEE ACKNOWLEDGES THAT ANY CONDITION OF THB PRO GRANTEE DISCOVERS OR DESIRES TO, CORRECT OR IMPROVE GRANTEE'S SOLE EXPENSE, EXCEPT WITH RESPECT TO TWEE ATIONS, GRANTEE EXPRESSLY WANES AND RELEASES (TO TM WED BY APPLICABLE LAW) ANY CLAIMS UNDER FEDERAL, S'I THI3R LAW, INCLUDING WITHOUT LIMITATION THOSE BASED PROVISIONS, STRICT LIABILITY OR THE NEGLIGENCE T ORANTER MIGHT OTHERWISE HAVE AGAINST GRANTOR TO TtM USE, ENVIRONMENTAL CONDITION CHARA DITION OF THE PROPERTY (HOWEVM THIS WAIVER SHALL NOT LLFUL ACTS BY GRANTOR OR GRANTOR'S GROSS NEOUG, REPAIRS PAID FOR BY GRANTOR, IF ANY, WERE DONE WITH ARRANTY OR REPRESENTATION BY GRANTOR, AND GRANTOR HEREB LY DISCLAIMS ANY WARRANTY OR REPRESENTATION OF ANY IN CONNECTION WITH SUCH REPAIRS. HAVE AND HOLD the Property, togedw with all and skWdu the figs hod des dwtunto belonging, unto Grardoe, and Grantee's anocessors and assigns forevar, r binds Creator, and GmuW3 smemora and aWgos to WARRANT and FOREVER all and singular the Pmperty unto Grantee and Grantee's succe ms and assigns, 639162.1 Pale 2 2021163345 Page 15 of 32 20 0MI41 Paps 3 of 4 against every pemn wlfomewmr lawfully chiming or to claim the son or mW pert thereof. by, thou&% or undo OMOW. but cat odmwise, end fiudw subject to the Pea Wud Enclrrnbeulces. Ad valol em taxes an the ttroperty having boon prorated. the paymoat AW=f is by orantee. EXIJCUTED THIS U day of June, 2019, GRANTOIL Pritw Longhorn Two a Delaware limited lint By:. STATE OF TEXAS COUNTY OF Mt ¢ This inst mmo was acknowledged on the iA day of Jum, 2019, by B.1. Parrish. Menaaw of Pritor H a Delawasrc limited liability ooraWy on behalf dw eof 0 4w(9xUL4-'$.' - Notary Public in and or the State offass 630102.1 0 NORMA YKJO AGUIRAI Notary PubRe. $18to of Tpm cows lrpk�s 1. ,ih 1r is NO Ili 1314-:.4E1 Pane 3 2021163345 Page 16 of 32 2019063141 Pans 4 014 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019063141 Pages:4 Fee: $29.00 07/i Z2019 03:52 PM Nancy E. Rister,County Clerk Williamson CountyJame 2021163345 Page 17 of 32 Landowner's Easement Release Request Letter Date: To: Brad Wiseman Planning & Development Services Director City of Round Rock, Texas Re: Easement release for property located at: Lot 8, Round Rock Retail Subdivision, Phase 2 Dear Mr. Wiseman: The purpose of this request is to release the referenced easement or portion thereof, as described in Exhibit A, attached to this letter. The reason for this request is: Release of the Waterline Easement Alter a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. 'Thank you for considering this request. Sincerely, Unde mtr date I have reviewed the above proposal for utility service purposes, and I have no objections. Name date Oncor-hound Rock District (Or Pedernales Electric Cooperative) Name date AT&T (formerly SBC) Name date Name date ATMOS Energy -Round hock District Charter (formerly Time Warner Cable) 2021163345 Page 18 of 32 R ACfiRCNICALLY RECORM M90USU Williamson County. Texas Toatal Popes:10 NOTICE OF CONFIDENTLUM IRIGiiiTSr IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLAWING INFORMATION FROM TEAS I NSTRUNILNT BEFORE IT IS FILED FOR RECORD IN TI'IB PUBLIC RECORDS: YOUR SOCIAL SECIMITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUWV OF WILWAMSON I That PRMOR LONGHORN TEXAS HOTELS, LLC . a Delaware limited liability company, whose axrent address is 400 Wat Illinois, Suite 930. Midland. Midland County, Texas 7970t, and its successors and assigns, (hereinafter referred to as "Grantor"l for and in consideration of the sum of TEN and 1401100 DOLLARS (:10.00) and other good and valuable cotuidcmilon paid by the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation (hereinafter referred to as "Grantee"), whose maliing address Is 221 Bast Main Street, Round Rode. Williamson County, Texas 76664. On receipt and sufficiency of which its hereby acknowledged. does hereby ORANT. SELL mind CONVEY unto Grantee a perpetual easement and rightof-way to canasta, install, operate, malrdaln, inspW, mconmM enlarge, relocate within said asemenk rebuild, repair. and remove a water distribution system and waterlines, together with all necessary lines. pipes. condulls, valves, vaults, manhole% ventilators, and other equipment. improvements and app atemoves thereto, ht, upon, over, under, above and across the following described property of Oramor (the "Easement Area"), to -wit: Being 0 0124 acres of land situated in the City of Round Rock Williamson County, Texas, and being a portion of that certain called Lot 9, Round Rock Retail Subdivision. Phsse 2 Replat as recorded in Cabinet FF. Slides 34-36 of the Plat Records of Williamson County, Texas; said 0.124 acne tact of hard being more particularly described by metes and bound and sketch in Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyemoe is matte and accepted subject to any and all conditions and restrictions. If any, relating to the herainabave described property to the extent, and only to the extent, that the same may still he in force and effect and shown ofrecord in the office of On Cownty Clerk of Williamson County, Texas. Except as otherwise acted, the easement. rights and privileges herein granted shall be perpoWal; provided. however, that sold easement. rights and privilege sivill cease and raven to Grantor in tie event the sold waterline is abandoned, or shall cease to be used, for a period of two (2) consecutive yeah. Grantor covenants that it will not convey any other casement or conflicting rights within the Easement Area covered by this grant following the execution of this easement without the express written consent of Grantee, which consent shell not be urueasonably withheld. Grant" shall have the right to review any proposed easement or conflicting use of the Easement Area to determine the effect, if any, on the waterline contemplated herein. Prior to grarding its consent for other asumb, Orantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph. express written cam ern of Orantee shall be requested by Grantor in the following manner: written fwtice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street. Round Rock, Texas 78M, and (2) City Engineer at 2003 Enterprise Drive, Round Rock. Texas 7$664. 41"" THC EDIM-O O1 RR Nola U 202116334E Page 19 of 32 201"U53e PoW 2 of 10 Orantor Radw grants to Orontes: (a) the right of ink to and ads ftom do Easement Area over and across Grentor's property by means of roads and lanes thereon if such exis% otherwise by such route of routes as shall otxxaion qm least peatxiottbhe damage and laeonvenianoe to Creator; provided that such right of ingress and egress shall not extend to any poffloa of Grantor's property which is isolated from the Basement Area by any public highway or road now crossing or hereafter craning the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, trend", take dow% and clear away any barricade or other structute which obstructs, pmvwft or hinders Gfentee's Ingress to and egress ftom the Grantor's property, and should Oeamee deer it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Oar"* shall, as soon as is reasonably feasible, replace or restore Orentoes pro" to as similar a condition as reasonably practicable as existed imnedlately prior to Granttx's actions pursuant to this provision, unless said barricade or other structure is Inconsistent with the rights oonveyed to Grantee herein; (b) the right of oomtruction. Maintaining and usft such roads on end s won the property as Grantee may deem necessary in the exercise of the right of ingress end Comm (c) the right to mark the location of she easement by suitable markers, provided that such markers shall be placed In locations vrhich will not interfere with any reasonable use Grantor shall make of the Basement Area; (d) the right to grade the Easenscnl Area for the fWl width thereof and to axteftd the cult and fills for such grading into and on the land along and outside the easernam to such extent as Grantee may find reasonably necessary; (a) the right from time to time to trim end to cut down and cleat away any and all trees emd brush now of hereafter on the Easement Area and to men and to cut down end clear away arty trees on either side of the Easement Ana which now or hereafter in the opinion of Grant* may be a hazard to the pipeline, valves, appliances a tNtings, by reason of the danger of felling thereon or root iatlltralion therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee Is hereby authorized to cut end remove, if valuable for timber or firewood, shell continue to be the property of Orantor, but all tops. hops, brush and refine wood shall be burned or removed by Grantee; (t) the right to install, maintain and use gates In all fences which now moss or shall hereafter cross the Easement Ara; and ($) the right to support the pipelines across ravines and watercourses with such strucoma as Grantee shall deem necessary. Grantee hereby covenants end agrees: (a) Grantee shall not farce the easement; 2021163346 Page 20 of 32 2012034539 Pa9*3 oe to (b) Grantee aludi pwwiy bacldill any trench mode by it on the easement and repair any desn&ge it shall do to Grantor's private womb or lanm on the lands; OrMor also retalft reserves; and shall eontinve to enjoy the surha of such Eesernant Area for any and all purpose which dorm interfere with and prevent the use by Grantee of the Easement Ares, including the right to build and use the surface ofthe U m d Ares for private streets, roads, driveways, alleys, walks, gardem lawns, parking areas and other like uses; provided Grantor shd! sot emcl or construct on the easement any building or other stmd me suds as a patio, swimming pool, sport court, storage shed, accessory building, berbeque pit Or similar dneCWM Of drill or operate anY well, or construct any Mervoir or other obstruction an the Easement Are&, or diminish or substantially add to the ground cover over the pipelines. Oraatee shall not be rasponsibk or liable fw the removal. repair or damage to any property. structure, building, or other use incerwislmd with the rights conveyed to Grantee by the easement; provided. howavdr. before COUMUCling any irnproventents, at least ten (10) days' written notice shall be provided to Orwace of the general planet of the improvemed to be cuu meted on the Easement Area. and Grantor must NO obtain the consent and approval from Grantee of the commotion and location of any improves within the Easement Ares. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall reach the property of Oranbw Orentor hereby dedicate the easement as a public utility waterline easement for the purposes stated harass. TO HAVE AND TO HOLD the dghts and interests described unto grantee and its successors and assigns formr, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the nbovedeacribed easement and rights and Intermts unto Grantee, Its successor: and assigns, against every person whomsoever IawArlly cleh nhgg or to claim sauna, or any part thereof. (Signatures and Acknowledgement Next Page) 2021163345 Page 21 of 32 201000939 page 4 of l0 W1' WMS WHEREOF, Grantor has caused this inahtlment to be executed this 1,L_ day of 1 , Z019. PAZTOR LONGHORN TEXAS HOTELS. LLC, a Delaware limited liabeity company By: Name: T f! , Title: NOUMA C ! & a w rj J&ft6, u Ip THE STATE OF��,�}�P COUNTY OF �V� W This. instrument was acknowledged befa the on this the day f afottth o! Zo 1 o, by LI pafrl, (1Vanra), tie), of PRII LONGHORN TEXAS HOTELS, L , a Iaware limited { lily y, by nee to be the person whose name is subscribed to the forgWng Instrument. and acknowledged to the that he exeaded the ume a the act and deed of and on behalf ofsaid ntity and in the capacity and for the purposes and consideration therein expressed. vow"M IkISION %lull is, 0^9 qnd Meeor ��g$ AC-0 H VN:4Y'If 0r After recording please mum to: Development Services Office 301 W. Bagdad Ave., Suite 140 Round Roca, TX 7866 i��-ek e Printed Name Notary Public. State of I P N,u 2021163345 Page 22 of 32 2016OUS30 Pape a of to 1N WITNESS WHEREOF, the undersigned has executed this Lender's Consent and Subordination this I day of 4m 1 2019. IF WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2014-LC16, COMMERCIAL MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2014-LC 16 By: Wells Fargo Bank, N.A., solely in its capacity as Master Servieer Br. L Name: Derek Martindale Title: Director STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG On this - day of � ' 1 . a 4 personally appeared before me Derek Martindale, as Director of WELLS FARGO BANK, NATIONAL ASSOCIATION, acting in its authorized capacity as Master Servicer for and on behalf of WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2014-LC 16, COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2014-LC16, signer and sealer of the foregoing instrument and acknowledged the same to be his/her free act and deed and the free act and deed of said entities, before me. He/she is personally known to me or has produced a driver's license as identification. Aj Aj Q Public ._.. J My commission expires: �r �t� _��.�� anet Garner NOTARY PUBLIC Gaston County, NC 2021163345 Page 23 of 32 0.0124 Acres (540 so. Fr.) 2223-10502 oAR.dwg EXHIBIT "A" (I stantec FIELD NOTE DESCRIPTION Easement 26199U639 Pat 7 or 10 I'N NO. 2220-1117"R December 18. 2018 JOB NO.222011178.913 Being 0.0124 acres of land situated in the City of Round Rods, Williamson County, Texas, and being a portion of that certain celled Lot 8. Round Rods Retail Subdivision, Phase 2 Rapist as recorded in Cabinet F1', Slides 3440 of the Plat Records of Williamson County, Texas: said 0.0124 sexes being ruse particularly described as follows. with all bearings being referenced to the North American Oatunn of 1083, Texas State Pleas Coordinate System. Central Zone; Cornawncing, at a found PK nall on the Northeast right-of-way lirm of South A. W. Grimes (variable width right-of-way); said point being the most Westerly comer of Lot 10 and the most Weatatty South corner of Lot 8 of sold Round Rock Retsd Subdivision. Phase 2 Rapist; Thence, N 650 07' W E, 15.04 fleet, along the common line of said Lot 10 and Lot 8. to the South comer and Paint of Beginning for the herein described tact of land; Thence. Into said Lot 8 as follows: Along the arc of a curve to the right, having a chord of N 38° 06' 55" W.10.69 NM. a radius of 734.00 feet and a central angle of 010 27' 33", a distance of 18.69 feat, to a point lot the West Comer of the herein described tract of land; said point also being on the South line of a called 1S' Water Easement as recorded in said Round Rock Retail Subdivision, Prase 2 Replat; N 54° 01' 4W E. 29.01 feet, along the South line of said 15' Water Easement, to a point far the North corner of the herein described tract of land; S 340 52' ST E. 19.21 feet, to a point on the common line of sold Lot 8 and Lot 10, for the East corner of the herein described tract of land; Thence, S 5510 07' 05" W, 27.96 feet, along the common line of said Lot 8 and Lot 10, to the Point of Beginning, oonlaining 0.0124 acres (540 square feet) of land, more or Was. 2021163345 Page 24 of 32 2019034639 Pape A of 10 gam Z of S Note: A sketch of even date aoaorepanles this legal Desortpbun. f Hal 13. Lane al Reglstsrad Protmoslonal land Surveyor Tome Re&baMn Number 4600 SUwftc, Consulting Services, im 7D NE Lo" 410, Sulto 1100 San Antonlo, Texas 70210 21OF25-ti0$0 TBPLS Finn No.: ioumne 2021163345 Page 26 of 32 =01s0um P*00 6 of 10 a pc wa fart Rat "W tr 00S O WS OAA 00W a 1111110111Mp0 MIMm titA10111 Nurms ar mmoe er VKXM YAP KTa. !10{ FACIL Tvm /JO' CftVS-AGffn / CA& If. SLAM \ ~"~ ass' IMflWW US8110' DDO/ 1i0W1Oi xj O.P.R. ao� \ � we �' tit 0 t cot. S pxJR' f _ f we00. \ IS' M1 Y& V500ff �F. SLW N-39 P. wO1! M11M 411IM1I0i10 IMF* -e-lv\ i Wo j J-0 ' 1 1 \1 4. 15' FLOX UAVrr fASt NWr 14, CAN c W-Ian P.R. �► \\\ 1mr 1\ 11 c" 1f14 t � am 1-4 W R • saw •p ` 4' •• s \ CAP 0 sm is = ♦ 11 \\ 1 \I � oe SKETCH TO ACCOMPANY DESCRIMON OF Stantec w+�uu•+R��rN� o.,►o.r>. R..�. lRWfeOrlMli1K0i1101ROROCx wwwpoweaWM.TWWWAQAP0M w0Fj*?,1UMA. PROPOSLD r.rr..taw„. w► as wa+w of?A4 11MMOcmATALAA MOMPgye38VIiATAI "Copan m CAMP 1w Sum me Or Tie PAT Reoma 0/ EADEMENT wrt.Nn. twurMnMm wr►wworoown�r,�a e+rw�t.w 8KW 3 OR 3 pAs1 slnTgOR+ �C�iL 1�ir1 ORIIYW�1rt1� HIJ<t7ia1r11ie��M /II milms.2milsmem RMOROERSW ORAMau11118 RECORDERS MEMORANDUM A I or parts of the text on this page was not dearly legible for satisfactory recordation 2021163345 Page 26 of 32 20160US36 Paps 10 al io ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019034539 Pages: 10 Fee, $57.00 0412512,,0``19 12.00 PM Nancy E. Rister County Clerk Williamson County,Texas 2021163345 Page 27 of 32 -- A�L .mad MUSS �} rrr ne.O.o. ! 1 10 RECORDERS MEMORANDUM Al or parts of the text on this page was not clearly legible for sat;sfactory recordation 2021163345 Page 28 of 32 154p , „•r e1S3119 � J1�i111 t'1 '1� �S941J ! 14 � JI!:� 1. •. a.- •+•• � �ay�•ii ��lia 1 � 1 I1 11 i b • ►^ Ili � 9 : !! y} j 1 h 11 i ,tI. l� !1 % b 11 1 s pol Ir 1 fis I, r 11�111i a aao mm= mm I �� � I i� 111 t l f►ii.l /� �1 ' --�--� •• '� � \\ •-�-• it I� �: e` 4 i � t;t��} I �4t�1 ��•\ ,♦ t • ��I� ��� � � o o DOD o q , 1 ICI '..a_:. +' _ •'•—..� '� �� , -7' Z- 14 1�' ---- I \' _• �'� " .. � its; •.y _ �- . 1 V ' RECORDERS MEMORANDUM AI or parts of the text on this page was not clearly legible for satisfactory recordation 2021163345 Page 29 of 32 w�mie. rji. } it I7 ;r �i Sil II �1 r r bt I. Gl ° R . j,-its I � , y�ili!If�Ei��lt;ll�t � 106� 0111; LIMA �1 u RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2021163345 Page 30 of 32 Easement Release 1=rM1:)1tC CK TEM °,4^wilul Application information Sheet Subnut to Planning & Development Services Department (PDS) 301 W. Bagdad, Ste. 210 1 hound Rock, Tx 78M 1 512.216,%%26 Subdivision Nance: Round Rock Retail Subdivision Original Easement Record hdormation Cabinet/Slide or Document M: �2019034539 Property & Legd Description Tax Appraisal Dist. IDM (a): R497871 Subdivision; Round Rock Retail Subdivision Phase: 2 Section: Block: Lot; 8 -OR- Survey Name & Abstract M: To be released: Square feet: 540 Acres: 0.0124 owner womation Name* Kiran Patel Title: Manager Signature Stay LLC Firm name (if applicable); '� Firm address: 3708 Gildas Path, Pflugerville, Williamson County, Texas 78660 Ph, Email: ApplicanUAgent Contact Infon»ation Name: Tom Cunanan, P.E. Title: Project Manager Firm name (if applicable); STANTEC Firm address: 70 NE loop 410. Ste 1100, San Antonio, TX 78216 Ph: 210-714-9969 Email tom.cunanan@stantec.com Staff use Only Application No: _ Date: 4 m 0 2021163345 Page 32 of 32 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021163345 Pages:32 Fee: $174.00 10126.;2021 11'52 AM PKINNE Nancy E Rister, County Clerk Williamson County,Texas City of Round Rock ROUND ROCK r I �� Agenda Item Summary Agenda Number: Title: Consider executing a Release of a Water Line Easement recorded as Document No. 2019034539 of the Official Public Records of Williamson County, Texas. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/22/2021 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: EVAC2109-0003 WL Round Rock Hotel - 211004 Director signed doc, EVAC2109-0003 WL Round Rock Hotel - 211018 Legal Doc prep Department: Planning & Development Services Text of Legislative File CM-2021-269 This is a release of an existing City water easement that does not contain any existing utilities. This development design that required this easement has changed and, as such, it is no longer necessary or desired. City of Round Rock Page 1 of 1