R-2022-084 - 3/10/2022 RESOLUTION NO. R-2022-084
WHEREAS, the City of Round Rock ("City") desires to purchase a 0.199-acre temporary
construction casement required for Phase 2 of the Brushy Creek Regional Utility Authority Water
Delivery System ProJect; and
WHEREAS, Ned Davenport and Lake Travis Trails, LI-C, the owners of the Property, have
agreed to sell said Property to the City, Now 'rherelore
BE [TRESOLVED BY ,rHE COUNCIL OFTHE CITY OF ROUND ROCK, T EXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an H'asernent
Purchase Agreement with Ned Davenport. and Lake Travis Trails, LLC, a copy of said Agreement
being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of"the meeting at which this Resolution was adopted was posted and that Such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended,
RESOLVED this I Oth day of March, 2022.
A
CRAIG M )ROAN ayor
City of Round , -Texas
ATTFST:
NII AA N
G
j \1111WS,P'City Clerk
01 I2.20212,4862-
DocuSign Envelope ID:5550583F-7F2C-4055-899A-AA580194BE99 ---S
EXHIBIT
."A"
Easement Purchase Agreement
This contract to bUy arid sell real property interests is between Seller and 131.1.y'cr as
identified below arid is ellctive on the dale ("I't'fective Date") of'the hist ofthc signatures by
Seller and Buyer as Mirties to this contract.
Seller: Ncd Davenport
Address: 1302 Waugh Drive, Suite 902
F1OUston, TX 77019
Harris County
Phone: 713-851-4849
Buyer: City of Round Rock, aTexas, home rule gj!y
Address: 221 L Main SL
Round Rock, TX 78664
Williamson County
Easement Properties:
Temporary Construction Easement A: that certain tract of land in Travis County,Texas, more
Particularly described by metes and bounds and sketch in F`xhibit "A", attached hereto and
incorporated herein f01'1111 purposes (the"Easement Property");
Company: Texas National Title
1"Iscrow Agcnt: S1116C Barnes Address: 305 Denali Pass Drive,
Suite A
Cedar Fark, Texas 78613
Phone: (5 12) 3)3 7-03 00 Fax:(51 2) 8153-5810
Purchase Price:
$ 82,500.00
County for Performance: Travis C.'Ol-lllt)r, Texas
i" 1, 1�� rl e �j
116
DocuSign Envelope il):5550583F-7F2C-4C55-899A-AA5BO194BE99
A. Closing I)ocurnents,
�,,I
X1.1. At Closing, Seller will deliver the lollowing Items:
Temporary Construction Easement in the same form and substance as the
attached Fxhibil -H-
A.2At Closing, BLlyCT �Vill deliver the l'ollowing itenw
Balance ofPurchase Price
The documents listed in this section A are collectively known as the "Closing DOCU11101tS,"
B. Exhibits
']'lie l'ollowing are attached to and are made a part of this contract:
Exhibit A Easemcnt N-operty Descriptions
Exhibit B —J'cniporary Construction F..Lisernent
C. hirchase and Sale of Pj-olm- y Intet-ests
Purcheise (.aulSede Agi'ecwem. Seller agrecs, to scIl and convey the Ilroperty Interests to
13LIyCr. and Buyer agrees to buy and pay Seller for the Property Interests. The promises 1)), 131.1yer
and Seller stated in this contract are the consideration f()I- (Ile tOrr)rjjti()ll
cal'dais contract.
1). Closing
1).1. Closing. This transaction Nvill close ("OoSino") at Title Company's offices at (Ile (,'losing
L- - �71
Date and Closing Time. At Closing, the fallowing will occur:
1),I.o. Clositaa,1)ocwnen1s,- Tidc Cowl)uiai,1)ocumenis. The parties will eXCCLlte and
deliver the ("10SHIg DOCUITICIAS "ind any, doCLUIlleMS reClUired by Title (.',ompany.
Rl.b. Pei'vinew (#' Ptwchetse h1ee. Buyer will deliver the I'Lirchase Price aid other
all'10LIMS that BLIver is obligated to pay Wider this contract to Title Company in funds
acceptable to Title Company,
R/.c. I)isbursement ofFumls: Recol,(Iing; Coj)ics, Title (..ompany will be illSti-LICted to
disburse the Purchase Price and other funds in accordance with this contract. record the
easement and the other Closing DoCLll'llelltS as directed, and distribute documents and
copies in accordance w4h the parties' written illStRiCti011s.
1).I.J Possession. Seller will deliver possession ofthe Froperty Interests to Buyer, subject
to thee Permitted Exceptions existing at Closing.
2 6
Docu&gn Envelope ID:555D583F-7F2C-4055-899A-AA5BO194BE99
D.2. D-cm.voclion Co,sIs
D.2.a. BuYer'S Cosis. Buyer will pav, the basic charge fear(lie Tit I e Polley.. the escrow fee
ckargcd by 'Title Corriparly. the costs to prepare the easement: the costs to obtain, deliver.
,in(] record releases ol'any liens required to be released in connection with the sale; the
costs to record (JOCLI[IlClItS to CUI,e Title Ob s*jectionrequired to be Cured by Buyer and to
resolve matters shown in Schedule C of the Title Cornmitrnent; the costs to obtain the
certil'icates or reports of ad %/adorcm taxes: the costs to deliver copies of the instruments
described in paragraph A; any other costs expressly required to be paid by Buyer ill this
Contract, il"ICILIding BILlyff'S attorney's fees and expenses,
D.2A Sellcr's Cos/s. Seller Will pay any costs expressly required to be paid by Seller in
this contract. including Seller's attorney's lees and expenses.
D.3, No Brokers comillissions or lees will be paid as a par[ (:)I' this
transaction and Closino
C1,
lt.
4. Issuonce V o Title Polk v. Buyer Will cause"Fitle Company to issue the"Title I'Ok' tO 1311y'er
as soon as practicable alter Closino
Def tult and Remedies
1".1. Specxfic Buyer may demand specific perf'ormance oll'this contract.
E,2. ilemal Damages. It' Seller conveys or el"ICUMIM'S any portion 01* the Property beflorc
Closing so that Buyer's ability, to cnl'orce specific perlormance of Seller's oblioationS Under this
Contract is precluded or impaired. Buyer will be entitled to seek recovery from Seller forthe actual
damages sustained by Buyer by reason of'Seller's Default, including attorney's fees and expenses
and court costs.
3. II'SclIcr'sreprescritations are not true and correct
'it CIOSill" dare to CirCLIn1StaIlCeS reasonably within Seller's control and Buyer does not become
,mare C)I'tllC untruth Or incorrectness ol'such representations Until after Closing, Buyer Will have
all the Hollis and remedies available at law or in CLILlity. It' Seller fails to perlorm any (.ifits
obfigatiMIS Under this contract that Survive Closing, BLIVCr VVill have all rights and remedies
available at law or ill equity unless otherwise provided by the Closing Documents.
E'4, Bulyer'lv Defimk- Reme(fieS. 11" Buyer Ellik to perform any of' its obligations Under this
contract ("Buyer's Del"'MIC"), Seller imay terminate this contract by giving 110tiCC to BLIver 011 or
before ClosiriLl. HIC fZ)re)()iIll1 Constitutes Seller's sole and exclusive remedies lor a del1ll.11t 1)),
Buyer.
E.5, Aflarnc,v'S Fees. If either party retains an attorney to en6orce this contract, the party
Prevailim- in litigation is ClItided, to recover reasonable attorney's fees and Court and other costs.
F3
316
Docu&gn Envelope ID555D583F-7F2C4C55-899A-AA5BO194BE99
F. Miscellaneous Provisions
F,I Ali), notice required by or permitted under this contract FaUst be in writing..
F2'� At�reemenl. '"I"I'lis Contract, its exhibits, and any CAosing DOCUmcnis delivered at
Closin- are the entire agreement of'the parties concerning the sale of the Property by Seller to
130yer. Tlicrc are no representations, warranties, agreements, or promises pertaining lo the
Property or the sale of Property by Seller to Buyer, and Buyer is not relying on any statements
or rcprcsentations of Seller or any agent of Seller, that are not in those documents.
T".3, Amen(1menl. This contract inny be amended only by as signed, written apreenfleriL.
F.4. Assignmenl, BLIver may assign this contract and Buyer's rights UndCr it,
F , Coq/liers% If" there is any conflict betNvccii the Closing DOCUrnents and this contract. tile
losing Documents will control. The representations made by the parties as Of CIOSilliT All-ViVe
(,losing.
F..0, Choice of[uw: Venuc. '],'his contract is to be C011SUTIC(I Under the laws of the State of
'I'MIS. Ventre is in the COLIMY fZ.)r perf'ormance.
P".T jl'uiver of l;/ce
Jilldl. Del"Milt is not waived if the 11011-LIC1111-11ting party rails to declare a
deCaLlk immediately or delays taking any action with respect to the defaLlIt.
FN. Sevvrobiliiy, 11'a provision in this contract is Unenforceable for any reason, to the extent
the Unelif'orceability does not destroy the basis of the bargain among the parties, the
unenforceability does not affect any Other pi-clVision of this contract, and this contract is to be
COIlSti-Lied as ifthe unenforceable provision is not a part of the contract.
P'.9. Awb�t�uilies A"m to Be Coristrueel tlgr�tinsfNu-1'v fiC
ff'ho Dart onirticl. The Rile 0I'
C011SLI-LICtiOn that ambiguities i uitics in a(10CLU-nent are construed against the party who draftcd it does not
apply in interpreting this contract.
P'.10. 0)1111107410AIf this contract is eXeCLlted in multiple counterparts, all counterparts takcri
together constitute this contract. Copies of signatures to this contract are effiective as original
signatures.
F.11, Bimling 1/
,/fact, 'J"Ilis contract binds, beriefits and may be enforced by the parties and their
respective heirs. SUccessors, and permitted assigms.
4 6
DocuSign Envelope ID:555[)583F-7F2C4C55-899A-AA580194BE99
SFIAAI'R: Netl Davenpor(
Ned Davenport
By:
2/8/2022
B U Y 1`R: City of Round Rock, a Texas home rule city
..............
By: Title:
Date:
H HI r 'I u A
5 ! 6
Dor-USign Envelope ID:555D583F-7F2C-4055-899A-AA5,BO194BE99
LAKE TRAVISTRAILS, LLC
FUocuS�gned by:
wj V"6�
-......0a 01?25DCCIF412
By: Ned Davenpoi-I
21812022
Date:
131 Y I'll W� City of Round Rock, a Texas home rule city
B)": Title:
Date:
8 6
DOCLiSign Envelope IID:555D553F-7F2C-4055-599A-AA5Bfl194BB99
Aga- ed to and Acknowledged by the Brushy Ca-eek Regional Utility Aaatlaaa-ity (BC:R(JA)
)
-daW4h"xYY4D631LiWC,.'CG!
By: Kaaren Bondy, General Manager
2/9/2022
_..................._._
Date:
Title Company acknoNvIedgcs receipt ol'aa copy aafthis contract executed by both Buyer and `eller.
By:
Name:
'T'itle:
Date:
6lai
DOCUSign Envelope ID:555D583F-7F2C-4C55.899A-AA5BO194BE99 —CRUA068
EXHIBIT "A" NED DAV ENPOWI'
ker Partners
804 Los Cimas Pkwy.,Suite 150
Austin,Texas 78746
0.199 ACRE
TEMPORARY CONSTRUCTION EASEMENT
I.00ATED IN TI HE FRANCIS f4"RIS SURVEY,ABSTRACT 364,
IN TRAVIS COUNTYTEXAS
FIELD NOTES FOR A 0.199 ACRE STRIP OF LAND LOCATED IN THE FRANCIS HARRIS SURVEY,ABSTRACT 364,IN TRAVIS
COUNTY,TEXAS,BEING A PORTION OF LOT 30,OF THE RESUBDIVISION OF LOTS 13 AND 14,TRAILS END LAKE TRAVIS
SUBDIVISION,RECORDED IN VOLUME 9,PAGE 150,OF THE PLAT RECORDS OF TRAVIS COUNTY,TEXAS(P.R.T.C.T.),AND
A PORTION OF THOSE CERTAIN TRACTS CONVEYED TO NED DAVENPORT,DESCRIBED IN TRACT 1 AND TRACT 2 IN A
DEED RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)2012190501 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.)SAID 0.199 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN
ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING ATA 1/2"IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF LOT 30,OF SAID RESUBDIVISION OF
LOTS 13 AND 114,TRAILS END LAKE TRAVIS SUBDIVISION, BEING THE SOUTHWEST CORNER OF TRAILS END ROAD
(CALLED 80'WIDE R.O.W.)AND BEING THE NORTHWEST CORNER OF A CALLED 1.2615 ACRE TRACT DESCRIBED IN
TRACT ONE IN A DEED TO THE TRAILS END PROPERTY OWNERS ASSOCIATION, INC.,RECORDED UNDER T.C.C.D.
2013217070 OF SAID O.P.R.T.C.T., FROM WHICH A 1/2"IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID
LOT 30 BEARS N 07'56'21"E—357,83';
THENCE S 07'56'21"W—135.13'WITH THE COMMON LINE BETWEEN SAID TRACT 2 DESCRIBED UNDER T.C.C.D.
2012190501 AND SAID 1.2615 ACRE TRACT, TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED
EASEMENT;
THENCE N 82'00'01"W—52.73'THROUGH THE INTERIOR OF SAID TRACT 2,TO A POINT AT THE SOUTHWEST CORNER
OF THE HEREIN DESCRIBED EASEMENT, IN THE COMMON LINE BETWEEN SAID TRACT 2 AND THAT CERTAIN TRACT OF
LAND CONVEYED TO NED DAVENPORT,JR., BY DEED RECORDED IN VOLUME 13379,PAGE 338 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY,TEXAS;
THENCE N 07059'59"E—158.28'WITH THE COMMON LINE BETWEEN SAID TRACT 2 AND SAID NED DAVENPORT,JR.
TRACT TO 1/2"IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID NED DAVENPORT,JR.TRACT AND THE
COMMON SOUTHERLY CORNER OF LOTS 29 AND 30,OF SAID RESUBDIVISION OF LOTS 13 AND 14,TRAILS END LAKE
TRAVIS SUBDIVISION,RECORDED IN VOLUME 9,PAGE 150,OF THE PLAT RECORDS OF TRAVIS COUNTY,TEXAS;
THENCE N 07059'59"E—12.60'WITH THE COMMON LINE BETWEEN SAID LOTS 29 AND 30,AS DESCRIBED IN TRACT 1,IN
SAID DEED TO NED DAVENPORT RECORDED UNDER T.C.C.D.2012190501 OF SAID O.P.R.T.C.T.TO THE NORTHWEST
CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND MARKING THE COMMON
NORTHERLY CORNER OF SAID LOTS 29 AND 30 BEARS N 07'59'59"E—32175';
THENCE S,68'112'3,5"E—54.13'THROUGH THE INTERIOR OF SAID LOT 30 TO A POINT AT THE NORTHEAST CORNER OF
THE HEREIN DESCRIBED EASEMENT, IN THE EAST LINE OF SAID LOT 30 AND WEST RIGHT OF WAY LINE OF TRAILS END
ROAD, FROM WHICH A 1/2"IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 30 BEARS N 07°56'21-E
—334.99':
www,WaikerPartn1er:s,conn
TBPE Registration No.8053 1 TBPLSRegistrcfionNo.W194317
G:\Projects\3-006J9\3 Phose 2 Land Rights\] Survey\1.5 Final Copies\Fieb Noles\FN-068 ICE.docx
DccuSign Envelope ID:555D583!F-7F2G-4055-899 .-AA5BO1'94BE99
THENCE S 07°56"21"W—22.84',WITH THE EAST LINE OF SAID LOT 30 AND THE WEST RICHT OF WAY LINE OF TRAILS
END ROAD,RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.199 ACRE OF LAND. SURVEYED BY WARREN
L.SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO,4122 ON SEPTEMBER 18,2020.BEARINGS CITED
WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE,COORDINATE SYSTEM',NAD 83, TEXAS CENTRAL ZONE
ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.THE DISTANCES SHOWN HEREIN ARE SURFACE
VALUES..
RELEASED: OdCTOBER 08,2020
REVISED:AUGUST 18,2021 (REMOVED"B"DESIGNATION)
,+��' /i••;�'''.�^° .may;." �,� ,r�k�:'"�\a"T ��,*
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WARREN L. SIMPSON,R.P.L.'S.4122 "WARREN.RRENIL"''""""'"«.
....L.S1M'PSON
PROJ NO.3-00619 w'p 4122 +«`
PLAT NO.A3-1894 � 5� ;• G7
FIELD NOTE NO.068
MAP CHECKED:08/1812021-JBM
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G:\Proects\3-006r'9\3 Phase 2 Lord Rightis\I Survey\1.5 Firiaall Ccpp es\Field Noles\FN-068-TCE.dccx
DecuSign Envelope ID:555D583F-7F2C-4055-9991-M5BO1948E199
13UkUA Ob8 NED DAVENPORT
LOT 20
vJ
e,
IN W 1
LCAT 30
10,E
1
RESUBDIVISION OF LOTS
S 13 AND 14 TRAILS END
LAKE TRAVIS SUBDIVISION
LEGEND VOLUME 5,PAGE 150
P.R T..C.T.
ASIPHAILT FOCE
IEMW-'ORAR'Y CKW4STR'UC11ON EASEMENT AR'E,rt
NEV nAUFrWFFK1Rr,,ud'2
=NFT IRON R4O'3 I4OUNIJ VOLUME 13173 PACE 11017
DRICP DEED RECORDS TRAVIS COUNFITEXAS RPR.r,C,'f. ��.
Hd-1
I D =TRAV G C0UNIY CLERK 9 UGCUMENT '�(
DRtl Z T. OFFICIAL PUBLIC RELLIRfl75 TRAVIS GU4IMT"Y TFXFuS e�,r a t�5
RPRT✓;T. =E411ALE'RWERlY RECORDS i'RAVla,OUNIY TLiXAS
P R 7C.TPLAT Rk:.0(JRa1S iRAV85 D7UNiY GEM:.,
PLAT'd'DEED CALLS u' u
EXHIBIT L0r2E
OF A 0199 ACRE TEMPORARY 0
CONSTRUCTION EASEMENT NED
LOCATED IN THE FRANCE'S HARRIS SURVEY,ABSTRACT DAVENPORT
364,IN TRAVIS COUNTY,TEXAS, CTT1
1 f
BEING A PORTION OF LOT 30,OF THE RESUBDIVISION T TRAC
OF LOTS 13 AND 14 TRAILS END,LAKE TRAVIS 2012190501 7i
SUBDIVISION RECORDED IN VOLUME 9,PAGE 150,OF 201219050.
THE PLAT RECORDS OF TRAVIS COUNTY,TEXAS AND A
PORTION OF THOSE CERTAIN TRACTS CONVEYED TO
NED DAVENPORT,DESCRIBED IN TRACT I AND TRACT 2
IN A DEED RECORDED UNDER TRAVIS COUNTY CLERKS
DOCUMENT 20131910501 IN THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY,TEXAS C
I2p'S"a2PoHkCh(.00Umi,C
ANDA?'W R0IJC1IT VRON GATF. .,
Nd"M4)i6OLS Lily F l.q""moi 7" On 3F CEDAR PARK
WATERLINEEASE1&N7 �'
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.......iu..r V(JA.L11E 13179 PACr'C.TUB "' �" 'may -- ',{ONR.TC T
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BARREN L.SIIw1PS .p R T C T
d° 4122
POINT'OF BEGINNING 2
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NOTES ALshV[}aWK'6I4AGWTFU"DE44dINC,
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•—�y p CALLED 1265 ACRES.
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rAseE OCTOBER 6 x20
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REVISED AUGUST t2 2U?t REMOVED J.UA7 ACRE 7EW1 CONS TFI EAFFMENTl *" T a".0 D'001,1217070
lS R2VEYFU KPTEMBER 98X,;X) k^ '`G OF Rd I C;7.
FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED, 1
0.159 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE FRANCIS f ,., � . LINE TABLE
HARRIS SURVEY,ABSTRACT 1&d',IN TRAVIS COUNTY,TEXAS. � � fa
LINE EXRECTIONN LENGTH
I NU'M9f 5E'E 12,600
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F'eRP .4'V OW4IT'ribLIT THLf3ENG'EIT fJFA 7RiLE�REF'C7GBA THEREFORE TR•ri )VU
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UEEN ADDRESSED HEREON 4101NEVER THE IkRRVEY49G2DOES htOl UAPANTIE, �
OR NOT Of REGF Rr1 WHICH MIAY AF E,r I HE SUBJ CA',u T RAC T ARE SHT7ih�GJTC��)I+1;1 RE
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DocuSign Envelope ID:555D583F-7F2C4C55-899ArAA580194SE99
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
BCRUA Phase II Intake Tunnel
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
"Agreement") is entered into this day of , 2022, by NED
DAVENPORT, whose legal address is 1302 Waugh Drive, Suite 902, Houston, Texas, 77019,
Harris County(the"Grantor"),and the CITY OF ROUND ROCK,a Texas home rule city,whose
address is 221 E. Main St., Round Rock, Texas 78664, Williamson County ("City"or"Grantee")
(collectively,the"Parties").
In consideration of the sum of Ten dollars ($10.00) and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and the further consideration of the
covenants and agreements set forth below, Grantor hereby sells, conveys, transfers, grants and
delivers to the Grantee, its contractors consultants, subcontractors, subconsultants, materialmen,
suppliers, workers, successor and assigns, an exclusive;Temporary Construction Easement (the
"Temporary Construction Easement") in and across the real property described in Exhibit A. a
copy of which is attached and incorporated by the reference(the"Temporary Easement Property"),
to facilitate the City's construction of portions of its Phase 2 Raw Water Delivery System (the
`°Project").
This Temporary Construction Easement is granted in accordance with, and subject to,the
following terms,conditions,requirements,and limitations:
1. The Temporary Construction Easement is granted for Grantee's use to do all things
reasonably necessary to construct and install the Project including excavating,
securing,constructing,operating,upgrading,and maintaining of construction work
area. Grantee shall be allowed to store materials and equipment, cut or trim trees
and shrubbery,remove obstructions, and perform temporary grading as necessary
to facilitate construction of the Project.
At all times during the Temporary Construction Easement the limits of the useable
Temporary Easement Property will be fenced by Grantee with six (6) foot chain
link fence or better, and silt fencing will be placed and maintained at all times
around the perimeter areas. All gates providing access to the Temporary Easement
Property shall be locked when not actually in use by Grantee.
Upon expiration of the Temporary Construction Easement,the Grantee, at its sole
cost and expense, shall remove all fencing, and restore the Temporary Easement
DocuSign Envelope ID:555D583F-7F2C4C55-899XAA5B0194BE99
Property to as closely as commercially possible and substantially the same
condition it was immediately prior to Grantee's use. Grantee shall remove all
rubbish,spoils,equipment,and debris from the Temporary Easement Property.
The term of this Agreement shall begin upon the date of first entry upon the
Temporary Easement Property by Grantee for the purposes granted herein and shall
extend until the expiration of five(5)years from the date of first entry as identified
herein,or August 31,2028,or until the Project has been completed,whichever first
occurs,unless otherwise extended by the parties in writing.
2. Upon termination of this Agreement, all covenants in the instrument are released
(other than Grantee's restoration obligations set forth in Paragraph 1, Grantee's
indemnification obligations set forth in Paragraph 4,and the cost recovery provision
set forth in Paragraph 12,all of which shall survive the expiration or termination of
this Agreement)and the Temporary Easement Property shall be considered free and
clear of any restriction or any right or privilege attaching to the grant of the
Temporary Construction Easement set forth in this Agreement. Upon request by
Grantor,Grantee shall execute any documents reasonably requested by Grantee to
confirm the termination of this Agreement.
3. The Temporary Construction Easement shall allow the City and its contractors,
consultants, subcontractors, subconsultants, materialmen, suppliers, workers,
successors,and assigns thereof to use the Temporary Easement Property during the
construction of the Project.To the extent allowed bylaw,the City shall indemnify
and hold the Grantor harmless against any claim of liability or loss from personal
injury or property damage resulting from or arising out of the negligence or willful
misconduct of the City and its contractors, consultants, subcontractors,
subconsultants,materialmen,suppliers,workers,successors,and assigns thereof in
carrying out the purposes of this Easement, except to the extent such claims or
damages may be due to or'caused by the negligence or willful misconduct of
Grantor or its employees,contractors,or agents.
4. Grantor covenants and agrees that it is the fee owner of the Temporary Easement
Property and that it has authority to grant this Temporary Construction Easement
to the City.
5. Grantor warrants and agrees that no building, structure, or other above or below
ground obstruction that may interfere with the purposes for which this Temporary
Construction Easement is granted may be placed, erected, installed, or permitted
upon the Temporary Easement Property during the term hereof.The Grantor further
agrees that in the event the terms of this Temporary Construction Easement are
violated, that such violation shall immediately be corrected by the Grantor at
Grantor's sole expense upon receipt of written notice from Grantee.
6. All notices provided for herein shall be in writing and shall be personally delivered
or mailed by registered or certified United States mail, postage prepaid, return
receipt requested,to the parties at the addresses given below or at such other address
that may be specified by written notice in accordance with this paragraph:
DocuSign Envelope ID:555D583F-7F2C-4C55-899A-AA5B0194BE99
If to Grantor: Ned Davenport
1302 Waugh Drive, Suite 902
Houston,TX 77019
Harris County
If to Grantee: City of Round Rock,a Texas home rule city
221 E. Main St.
Round Rock,TX 78664
Williamson County
8. This Agreement represents the entire agreement between the Grantor and the City
related to this Temporary Construction Easement and supersedes all prior
negotiations, representations, or agreements, either written or oral. Any
amendments to this Agreement must be in writing and signed by both the Grantor
and Grantee.
9. Each and every term, condition, or covenant of this Agreement is subject to and
shall be construed in accordance with the provisions of Texas law. Venue for any
action arising out of this Agreement shall be in the District Court in the County of
Travis,Texas.
10. The benefits and burdens of the Temporary Construction Easement shall inure to
the benefit of and be binding upon the parties hereto and their respective successors
and assigns.
11. This Agreement shall be recorded by the City, but shall nevertheless become
effective upon the date of final execution by all parties and delivery of same to the
City.
12. In the event of litigation between the parties in connection with this Agreement,the
prevailing party shall be entitled to recover its reasonable attorneys' fees and costs
from the non-prevailing party. The obligation in the immediately preceding
sentence shall survive any termination or expiration of this Agreement.
13. Subject to existing matters of record affecting the Easement Property, Grantor
warrants and shall forever defend this Temporary Construction Easement to
Grantee against anyone lawfully claiming or to claim the Easement or any part
thereof when the claim is by,through or under Grantor,but not otherwise.
14. When the context requires, singular nouns and pronouns include the plural. When
appropriate,the terms"Grantee"and"Grantor"include their respective employees,
agents,subsidiaries,officers,servants,contractors,successors and assigns.
15. In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid,illegal,or unenforceable in any respect,this invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this
DocuSign Envelope ID:555D583F-7F2C-4C55-899A-AA5B0194BE99
Agreement shall be construed as if the invalid, illegal, or unenforceable provision
had never been contained herein.
GRANTOR:
NED DAVENPORT
By:
3
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of 2022,
by Ned Davenport,in the capacity and for the purposes and consideration recited herein.
Notary Public,State of Texas
DocuSign Envelope ID:555D583F-7F2C-4C55-899A-AA5B0194BE99
AGREED AND ACCEPTED:
CITY OF ROUND ROCK,TEXAS
By:
Printed Name:
Its:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of ,
2022,by , in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
DocuSign Envelope ID:555D583F-7F2C-4C55-899A-AA5B0194BE99
AGREED AND ACKNNOWLEDGED:
BRUSHY CREEK REGIONAL UTILITY
AUTHORITY
By:
Printed Name:
Its:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of ,
2022,by ,in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
After recording return to:
Cobb,Fendley&Associates, Inc./Right of Way Department
505 E. Huntland Drive, Suite 100
Austin,TX 78752