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Contract - Ned Davenport - 3/10/2022
DOCLISign Envelope ID:555D583F-7F2C-4055-899A-AA580194BE99 Easement Purchase Agreement This contract to buy and Sell real property interests is between Seller and Buycr as identified and is effective on the elate ("Ll"fective Date") of the last of the signatures by SC]lel°and BLIVer as parties to this contract, Seller: Ned Davenport Address: 1302 Waugh Drive, Suite 902 1 louston, TX 77019 Harris County Phone: 713-851-4849 Buyer: City of Round Rock, a Texas home rule city Address: 221 E. Main St. 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 Exhibit "A", attached hereto and incorporated herein for all purposes(the "Easement Property"); Title Company: Texas National Title F'scrow Agent: Stacie Barnes Address: 305 Denali Pass Drive, Suite A Cedar Park. Texas 78613 Phone: (5 12) 337-0300 Fax:(51 2) 853-5810 F-mail: Stacie.b,.irnesldFe,,-as Nat iona HIt I e.con —- - ---------- Purchase Price: $ 82,500.00 County for Performance. Travis County, Texas e 'n e n lw, u 1i 1 6 DocuSign Envel,ope ID:555D583F-7F2C-4C55-899A-AA5BO194BE99 A. Closing Documents ,,1.1. At Closing, Seller will deliver the Following iteins: Temporary Construction F"asement in the same, Conn and substance as tile attached l"Allibit"B". ,,I.2, At Closing, Buyer Will deliver tile following items: Balance olTurchase Price T'he doCUments listed in this section A are collectively known as the "Closing DOCUrnents." B. Exhibits The fiAlovving are attached to and are made as part ofthis contract: Exhibit A-- Easement Property Descriptions Exhibit B .-.. Temporary Construction Easement C. Purchase and Sale of Pi-opeity Interests I'ta-chci.ve anclSule ,Igi-eemem, Seller agrees to sell and convey the Property Interests to Buyer. and 131.1)'er a(,Il-eCS to bLlY and pay Seller for tile Property Interests, The promises by BLI.Nci- and Seller stated in this contract care the consideration for the formation of this contract. I D. Closing 1),1, Closing. This transaction will cleric ("Closing") at Title Company's offices at the Closing Date and Closing Time. At Closing tile 10110MIIg Will OCCLIE D,1,t-l. losing Documents Tifle Coml)(m"Y Docuinems. The partics will execute and deliver the Closing DOCUrnents and any dOCLI111elItS required by Title Company. D,1,b. I)a"vneni iof I'itrco,S he PlICC. 131.1yer will deliver the Purchase Price and other allIOUlItS that BLIver is obligated to Pay Under this contract to Title Company ill funds acceptable to Title Company. DJ.c% Disbiu-.semem qf Funels; Reco)-thng,; Colfies. Title Company will be ill.,iti-LICted 10 diSI)Llrs,e the Purchase Price and other Funds in accordance with this contract, record the easeinent and the other Closing Documents as directed, and distribute docurneliLs and copies in accordance with the parties' Written instructions. D.I.el llossession. Seller Will deliver possession ofthe Property Interests to Buyer,subject to the Peri-nitted Title Exceptions existing at Closing, In n t 11 j I c c", A M Cl, !I P 2 6 DocuSign Envelope ID555D583F-7F2CAC55-899A-AA5BO194BE99 1).1 Transuclion Cosis D.2,ei, Bu),er's Costs', Buyer will pay the basic charge for the Title Policy; the escrow fcc charged by Title Company, the costs to prepare the casement, the costs to obtain, deliver, and record releases of any liens required to be released in connection with the sale. the costs to record (10CLUMMS to Cure "Fide Ob'jections required to be Cured by Buyer and to resolve matters shown in Schedule C' of the Title Commitment; the costs, to obtain the certificates or reports of act valorem taxes-, the costs to deliver copies of the instruments described in paragraph A; any other costs expressly required to be paid by 131.1yel' in this contract, including BUyel"S attorney's flees and expenses. R2,1), 10ler'S Cosis. Seller \vill pay any cost.s, expressly required to be paid by Seller in this Contract, including g Seller's attorney's lees and expenses. D.3, Brokers'('omnissions. No Broker's commissions or fees will be paid as a part of'this transaction and Closing. D.4. 1smwmce ql'Pfle Policy)). Buyer Will CaLlSeT'41C C011lpallytO issue the Title Policy to Buyer as soon as practicable after(,,',losing, Er. Default and Remedies E.E. �'I)ecfic Pei,-,Ibrmance. 131.lyer may demand specific perfiormance of this contract. 2. Aclucil Damoges. If Seller conveys or encumbers any portion of the Property before Closing so that Buyer's ability to enforce specific perlorniance of Seller's obligations under this contract is precluded or unpaired, Buyerwill be entitled to seek recovery from Seller fiorthe actual damages SLIStained by Buyer by reason of Seller's Default, including attorney's fees and expenses and Court Costs. E.3. .�ellei-'.VDef.iiili'; Ret),iedie.sei erClosing,. if"Seller's t'cpt-eseiitatioi,isai�eilotgrate ailcicori-ect 0 at Closing due to circumstances reasonably r,vithin Seller's control and Buyer does not become aware ofthe untruth or incorrectness Of'SUCh representations until after Closing, Buyer will have all the rights and remedies available at law or in equity. It' Seller fails to perform any of' its obligations Under this contract that survive Closing. Buyer will have all rights and remedies available at law or in equity Unless otherwise provided by the (,losing Documents. E,4, Bar�ter's I)Omlfl- Renwe'lies. It' Buyer Fails to perform any of its obligations Under this contract ("Buyer's Default"), Seller may terminate this contract by giving notice to Buyer on or bcl'ore Closing. The lbrcgoing constitutes Seller's sole and CXCIUSiVe remedies for a del'aUlt by Buyer. E.5. ,Itloi,ne,v's Fees. If either party retains an attorney to enforce this contract, the y part preva i I i I'l g in 1 itigati oil is entitled to recover reasonable attorney's fees and court and other costs. t:1 3 6 DocuSign Envdope ID:555D583F-7F2C-4055-899A-AA5BO194BE99 F. miseelklueous Provisions F.1. Notices. Any notice required by oi- permitted Under this contract must be in writing. ,'"2. E;Ililv 1gi-eemejil. This contract, its exhibits, and any Cl()Sil'lg DOCUlnelits delivered at C I losing are the entire agreement of' die parties, concerning the sale ol'the Property by Seller to Buyer. There are no representations, warranties, agreements, or promises pertaining to the Property or the sale of the Property by Seller to Buyer,and Foyer is not relying on any, statements or representations of'Seller or any agent ol'Seller. that are not in those documents. F.31 Ainentiment. This,contract allay be amended only by as signed, written agreement. F 4Assi�gwnenl. Buyer may assign this contract and Buyer's rights under it, C, 15'.5. Coqflivls, If there is any conflict between the Closing Documents and this contract. the (.-"losing Documents will control. 'The representations made by the parties as Of("losing SLJrViVC Closing. F,0, Choice q1'Lmv,- Venue. This contract is to be construed under the laws of*the State of Texas, VellUe is ill the COUnly for perf6rinance. F 7. Waiver olf'DeJiudl. Defill.111, is not waived if the non-defaulting party fails to declare a default immediately or Mays taking any action with respect to the default. F,X If a Provision in this contract is UnClIfOrceable for any reason, to the extent the unenForceability does not destroy the basis of the bargain aniong the parties, the unenforceability does not afTcet any other provision of this contract, and this contract is to be construed as if the unenforceable provision is not a part of tile contract. F'9. Ambiguities Nol to Be ('onswuul (,quinv PCIrly TT"ho der qfied ("onti-act. The rule of C01lStrUCti011 that ambiguities in as document are construed against tile party who drafted it does not apply in interpreting this contract, FI0, ('o I'll 71eqmv�ls. if this contract is executed ill 1111.11tiple counterparts, all counterparts taken 1.011Cther C011Stin-ne this contract. Copies of signatures to this contract are efTective as original SigMIWNS. 1:11. Bhuling L is t. ']'his contract binds, benefits and may be eriffireed by the parties and their respective heirs, successors, and permitted assigns. a n is II t P If i 1) a A it f u (" rn I1 S 0 li v, 0 (, �3, P 4I DocuSign Envelope ID:555D583F-7F2C4C55-899A-AA5BO194BE99 S L"It"L Ned Davenport Ned Davenport 13)": 2/8/2022 Date: BUYF.A: City of Round Rock, a Texas home rule city A BY: T it le d 3 D a I e: L' J (2 M e I u i u h I o 11 5 6 DOCUSign Envelope 11):555D583F-7F2C-4055-899A-AA5BO194BE99 SE't"LLIZ: LAKE TRAVIS TRAILS, LLC Docuslpned by: ki By: Ned Davenpoi-l. 2/8/2022 Date: B U Y I City of Round Rock,a Texas home rule city By: Title: Date: E C P P 5l 6 DocuSign Envelope ID:555D583F-7F2C-4055-899A-AA5BO194BE99 Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (11CRUA) DOCUSIOned by: By: Karen Bondy, General Mana0er 2/9/2022 Date: TILIc Company acknowledges receipt of copy ofthis contract eXeCLIted by both Buyer and Seller. B y: Name: 'Fifle: Date: s ri) e n t F, u it w 11, P 010 DocuSign Envelope ID:555D583F-7F2C-4C55.899A-AA5BO194BE99 —CRUA 068 EXHIBIT "A" NED DAVENPORT kr Partners neer,s * surveyars 804 Las Cimas Pkwy.,Suite 150 Austin, Texas 78746 0.199 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE FRANCIS HARRIS SURVEY,ABSTRACT 364, IN TRAVIS COUNTY„TEXAS 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 I 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 14,TRAILS ENID 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.TCT.,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 07056'21"W-135.13'WWITH 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 107'69'69"E—1158.28'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.0,2012190501 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—321.75'; THENCE S 68"12'35"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.WalkerPartneirs.com TBPERegistration No.8053 [ TBPl.SRegjStjrCion No.10194317 G:\Proiects\3-010619\3 Phose 2 Land Rights\I Survey\1.5 FinaE CopIes\Fietcl Notes\FN-068-"1CF,docx DocuSign Envelope ID: 555D583F-7F2C-4C55.899A-AA5BO194BE99 THENCE S 07'56"21"W-22.84',WITH THE EAST LINE OF SAID LOT 30 AND THE WEST RIGHT 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 LANA}SURVEYOR,NO.4122 ON SEPTEMBER 18,2020.BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 8 ,TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. RELEASED:OCTOBER 08,202!0 REVISED:AUGUST 18,2021 (REMOVED"B DESIGNATION) 0F*r� WARREN L.SIMPSON,R.P.L.S.4122 w w w w w w w s a. WARRENARREN L.SIMPSMPSCN PROJ NO. 3-00619 * p ; wA 41%ry i PLAT NO.A3-1894i� Es�CL`;+ 1 FIELD NOTE NO.068 MAP CHECKED:08//8/2021-JIBM ' .WIPaalkeoPartners,corn 2 GAProjects\3-00619\3 Phase 2 l..ond h"irghts\1 Survey\1.5 Final Copies\Field Notes\FN-068-TCE.docx DUcuS9gn Envelope ID,,555D5B3E-7F2C-4055-89OA-M580 RIJ4BEOD BUX.UA U68 NED DAVENPORT N LOI H N6t22'12-Vy-57.21,. IN 91-20,V ." 42.60) W' LUT 317 } RESUBDIVISION OF LOTS 13 AND 14 TRAILS'END LADE TRAVIS SUBDIVISION LEGEND VOLUME 9,PAGE 150 P.R:T,'C:T, - - -ASPHALT EDGE d TEWORARY CONS rRUC I ON EASEMENT AREA NEtI DAVENPORT 7R. 0 =II2'IPON ROD FOUND VOI UME 13177 PAGE 1708 D,RTCT =DEED RECORDS TRAVIS,COUNTY,TEXAS R.PR T1,'1', T.0 C O -TRAVIS COUNTY CLERKS S f]f7CMENi n. TkP.R T GT CirPCIAE PUBLIC RECORDS 76'>AV9y I;CYUNIY,udLF19ti av 0."r °- R.F,R i C i REAL PROPER IY RFtitYiUS fHAV95 COUNTY.TEXAS as ' m PH TCT T. =PLAT RECORDS TRAVIS COUN'IY.'TEXA,S wr I I' ) /DEED CALLS � ;�>>'� .°� ua U= EXHIBIT L,CT Y0 .`^., ,. IC,Y OF A 0.199 ACRS TEMPORARY CSI CONSTRUCTION EASEMENT NED q` LOCATED IN THE FRANCIS HARRIS SURVEY,ABSTRACT DAVENPORT 364,IN TRAVIS COUNTY,TEXAS, ACT 1 BEING A PORTION OF LOT 30,OF THE RESUBDIVISION T TRACT 1 OF LOTS 13 AND 14 TRAILS END,LAKE TRAVIS C..CD, 2CT. 01 SUBDIVISION RECORDED IN VOLUME 9,PAGE 150,OF D.P.R.T.C;T. 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 CLERK'S DOCUMENT 2012190501 IN THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS $8$""N 8 " C21?k'L"L+Iirf;M C,C)ULIMF+44, +'c`. AND A'M'WM'ROA.h(FHT 1 RON GA lP W(Y)CA DUTk.IE"t P0l_f_ CITY OF CEDAR PARK a CSI ] WATERUNCEiASEMEN41' uEHH)sacTsao IFI¢' N1.17nnvAENPaRTaR �-• rG,�;E¢a2Nmr3tnar©a .......u "wisp" VCLUME 13379PAGE3.3a3 ''4° " ! ^---.rc o-RTCT ."• RPAICT. A� ARREN. L.SIMPSO 4122 ems• --.- .. — ..__.._ piss>Q*" FIELD NOTI Qur''� , " w^ POINT OF BEGINNING A GRID COORDINATES WWAHHtVg1.W1bAPS YHM1Y Hf LS.41,1,2 4 } Iw�rnp:.cnfivraPe¢1aCrerWaaaaY �"}'p V"'. fNWILS LN 7 h'fYCW E Hlv G.}0.MPTE H`S. V' "+'a ''' �' iM1 4C7Q,IMTItl,M INK`. SURVEYOR'S NOTES STALLED 1.261.5 ACRES EgaC� RELEASED UC',QRERM nQ 2 ~ '`RACT ENE. '\ � RPVISED lUCLST t8,2021 QR U''.^ECU@4A A.;I$E TFC'C(A25T71`EASEMUENI) �„ TCCD%1N121'TWU S�UFAIF"t P75rPTF"13FR IS,202fh rG?P'.Pr iQ;,T, R4ELq ROTES ATTACKED HERETO,MAGE APART HEREOF AND TiITLED: C1 v7 0.199 ACRE TEMPORARY CCNSTRUCTION EASEMENT LOCATED IN THE FRANCS -, LA'••••••,NE TAI"3LE o.. HARRIS SURVEY,ABSTRACT 354,IN TRAVIS COUNTY,TEXAS, Ex +: ca9 LINE' EIR�ECTON LENGTH THE SURVEYOR PERFO FO ®EEVEY0Re SEDDMS THAT EAU.ME EV NTS THA HE[NAS SEEN N.S^U EUARAlVE N ;�y 1.2 SC('S5'21'4M 22.64' . TEE THATAH FASEWNT9IRFSTRICTIONS"hT'FNBf)tR'MBt+A,NCES(6vT'tl1P G2 CU RECORD ,. S OR NOV OF RECORD)'WP CII MAYAFFECT THE SUBJECT TRACT ARE SHOWN � 0.'d'Nl)R4CRE � HEREM7 NED 7 AfFUR+Vi.'Va' M1"3T'ROOTION D R THE TEXASS ATE PLANE COOARNGS AND RtNATE SHOWNIVATES N YS Mh#VDS3,CU.NIIR.A.& C EACQUIRED TC,C,D. IML�'ME`M"d" FROM A.GBAI. OAGIANabSWAN 2012,190501 HEREON ARE SURFACE VGWES(GRJD TOEURFACE SCALE FACTOR-I 13) O,P.R.T.C.T. f�C�''�}t:f)I'Y'1R9.4�e1-1"]',AB.I.RV(TI9C"S 149:tifF.9t'W'llia7 � ' ry PI 2; 511 u'x) GId,1i'1tliSC:A l INFI F;1'5T4��Partners * surveyors 6U L uM,Sy ,Ap1s 0Ad I o ,fW16 I"LA"S`N{y N.i.1 AVd II{l7).'-.WdN T-f7t'16'IU 171i,r11 d'1".I?41N IM P110- FA.I3 1.{W hlNN4.T.MC,f,lf:['II1✓la(s U-tis DRAWN BY S>(AI �+ 11H k'fl..;f J tr�Uun Nf.r IU1b1�11' I)\VC.--P.NA1MI4 f::°rM-I 1':gk4C:1:^.Lllbli"II:I MAI't.I1kC'I,r 90-1)10f1'?u1 DocuSign Envelope ID:555D583F-7F2C-4055-899A-AA5B0194BE99 EXHIBIT"B" TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BCRUA Phase 11 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 Caunty ("City" or"Grantee") (collectively,the"Parties"). In consideration of the sum of Ten dollars ($10.-00) and'other valuable tcansideration, 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,PConstruction Easement (the "Temporary ConstructionEasement") 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-7F2C-4C55-899A AA5B0194BE99 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 AMS0194BE99 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 Agregment is subject to and shall be construed in accordance with the provisions of Texaalaw. 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-4055-899A AA5Bo194BE99 Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. GRANTOR: NED DAVENPORT By: 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-7F2C4C55.899A-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-7F2C4C55-899A-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