CM-2022-063 - 3/18/2022
PENDING SIGNATURE FROM
OTHER PARTY
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
BCRUA Phase II Intake Tunnel
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS TEMPORARY CON7�U-CTION EAE AGREEMENT (this
"Agreement") is entered into this ff day of 1 jaa , 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, materiaimen,
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
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 by law,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:
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
Agreement shall be construed as if the invalid, illegal, or unenforceable provision
had never been contained herein.
GRANTOR:
NED DAVENPORT
Ily.
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
AGREED AND ACCEPTED:
LAKE TRAVIS TRAILS, LLC
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
AGREED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By:
Printed ame• All i0l IJAW15
Its:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JUL&L16�r]
T 's instrument was acknowledged before me on this day of
2022, by L)A&! in ca acity and for the purposes and consideration recited herein.
r
0%J1111111++jrll Notary Public, tae of Texas
• � .
r .���F OF
i •
J51 •:12625
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
BCRUA 068
EXHIBIT "A" NED DAVENPORT
Walker Partners
engineers * surveyors
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 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 AT A 1I2"IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF LOT 30,OF SAID RESUBDIVISION OF
LOTS 13 AND 14,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.0 T.,FROM WHICH A VT 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 82000'01"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 07°59'59"E-158.28'WITH THE COMMON LINE BETWEEN SAID TRACT 2 AND SAID NED DAVENPORT,JR.
TRACT TO 112"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 112"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 112"IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 30 BEARS N 07"56'21"E
-334.99';
www.WalkerPartners.com
T8PE Registration No.8053 1 T8PLS Registration No. 10194317
G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-068-TCE.docx
THENCE 8 07*66'21"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 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:OCTOBER 08,2020
REVISED:AUGUST 18,2021 (REMOVED"B"DESIGNATION)
0 F TF
WARREN L.SIMPSON,R.P.L.S.4122
WARREN L.SIMPSON
■rrrr.r.rrrr a rr■
PROJ NO.3-00619 4122
PLAT NO.A3-1894 �2•��figg10�;•y0
FIELD NOTE NO.068
MAP CHECKED:08/18/2021-JBM
www.WalkerParfners.com
G:\Projects\3-00614\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-068-TCE.docx
BCRUA 068 NED DAVENPORT
N _ LOT 28 I
S6Rvv�S IiI (res�w:u7r
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�S
qA4'� RESUB IVISION OF LOTS
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LAKE TRAVIS SUBDMSION
LEGEND VOLUME 9,PAGE 150
P.R.T.C.T.
•ASPHALT EDGE r
=TEMPORARY-.ONSTRUCI ION EASEMENT AREA
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• =12'IRON ROD FOUND VOLUME 13173.PACE 1307 I
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f>.R.T C =PLAT RECORDS TRAVIS;:OUNTY,TEXAS
1 =PLAT fDEED CAL)S L W
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111 S W
EXHIBIT LOT 29 z z
OF A 0.199 ACRE TEMPORARY
CONSTRUCTION EASEMENT NED
LOCATED IN THE FRANCIS HARRIS SURVEY,ABSTRACT DAVENPORT
364,IN IRAVIS COUNTY,TEXAS, TRACT 1 r
BEING A PORTION OF LOT 30,OF THE RESUBDIVISION T.C.C.D.
OF LOTS 13 AND 14 TRAILS END,LAKE TRAVIS 2012190501 r
SUBDIVISION RECORDED IN VOLUME 9,PACE 150,OF 201219 501
THE PLAT RECORDS OF TRAVIS COUNTY,TEXAS ANDA
PORTION OF THOSE CERTAIN TRACTS CONVEYED TO
NED DAVENPORT,DESCRIBED 1N TRACT I AND TRACT 2 P3
IN A DEED RECORDED UNDER TRAVIS COUNTY CLERK'S
DOCUMENT 2012190501 IN THE OFFICIAL PUBLIC ^
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.18• AND A TWRDUGHT IRON GATE
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W{TH ELECTRIC METER- WATERLINE EASEMENT p5'
NEDDAVENPORT.JRb T.C. .C.O 2010140707
•..• VOLUME 13379,PAG£338 N 0 P,R.T.0 T I
�ARRENL.SIMPSO RPRTCT �S<� } I
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•4 GRID COORDINATES
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SURVEYORS NOTES: ASSOCIATION.INC w
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REVISED AUGUST 18.2021'REMOVED 0047 ACRE TEMP CONSTR.EASEMENT
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FELb NOTES ATTACHED HERETO,MADE A PART HEREOF AND TIRED: 1 , W
0.I99 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE FRANCIS
r ^ q y LINE TABLE
HARRIS SURVEY,ABSTRACT 384,IRTRAVIS COUNTY TEXAS. r 40 LINE. DIRECTION LENGTH
THE SURVEYOR DIONOT ABSTRACT THE SUBJECT TRACI THIS SURVEY WAS r L•1 N07.595YE 1260
PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT THEREFORE THE S
~
SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE vy•W L-2 S07.58'21'W 2284' c
BEEN ADDRESSED HEREON HOWEVER THE SURVEYOR 6i,F.yg•
THAT ALL EASEMENTS.R£STRCTIONSOR ENCUMBRANCES(EITHER OF RECORD
OR NOT OF RECORD)WH1:,H MAY AFFECT THE SUBJECT TRACT ARE SHOWN 0.10DACRE
HEREON NED TEWPORARYCONMUCTION a
DAVENPORT EAgEWEW
THE BEAFIINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TRACT 2
1 EXAS STATE PLANE COORDINATE SYSTEM NAD 83 r:ENTRAL ZONE ACOLnRED T,C,C,D,
FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS DISTANCESSHOWN 2012190501
HEREON ARE SURFACE VALUES IGRID TOSURFACE SCALE FACTOR•1.000131 20121 0501
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BCRUA 068 NED DAVENPORT
N _ LOT 28
V�'4'rr r 11V 81,272r W-512]'
4IIIII� 11 0� 3% 5 { 2°'b'w.52 !
I: �N mss 0j-4.��` r LOT 30 !
E G,cr !
RESUBDIVISION OF LOTS
y 13 AND 14 TRAILS END
LAKE TRAVIS SUBDIVISION
LEGEND VOLUME 9,PAGE 150
P.R.T.C.L
=ASPHALT EDGE !
=TEMPORARY CONSTRJ:EOREASEMENT ARE)
LL��II NEO DAVENPORT JR
=$12'IRON ROD FOUND VOLUME 13173,PAGE 1307
D R T.C.T =DEED RECORDS TRAVIS COUNTY TEXAS R P_R TC T
T.C.C.D •TRAVIS COUNTY CLERK7SDOCUMEN7 J/r ^ y� 'k
O P.R.T.GT =OFFICIAL PUBLIC RECORDS TRANS COUNTY TEXAS f N O c3
RP R.T.C.T =REAL PROPERTY RECORDS TRAVISCOUNTY TEXAS �m �
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PR T.0 T =PLAT RECORDS TRAVIS'OUNTY TEXAS ! ;gel
( 1 =PLAT/DEED CALLS f hw 1u
z W z
EXHIBIT f LOTS x o
OF A 0.199 ACRE TEMPORARY r
CONSTRUCTION EASEMENT NED ad
LOCATED IN THE FRANCIS HARRIS SURVEY,ABSTRACT DAVENPORT
364,IN TRAVIS COUNTY,TEXAS, - !
BEING A PORTION OF LOT 30,OF THE RESUBDIVISION TRACT 1
T.C.C.D. !
OF LOTS 13 AND 14 TRAILS END,LAKE TRAVIS 2012190501 }I •,
SUBDIVISION RECORDED IN VOLUME 9,PAGE 150,OF 20121 0501 r ~
THE PLAT RECORDS OF TRAVIS COUNTY,TEXAS ANDA
PORTION OF THOSE CERTAIN TRACTS CONVEYED TO
NED DAVENPORT,DESCRIBED IN TRACT I AND TRACT 2 E!
IN A DEED RECORDED UNDER TRAVIS COUNTY CLERK'S
DOCUMENT 20[2190501 IN THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY.TEXAS ! fa
f
s ae•irss"E I2I rz7 BPoCK COLUMNS ^'
AND A T WROUGHT IRON GATE 1
r WOODED UTILITY POLE'J �7 CITY OF CEDAR PARK I
..�.F r WITH ELECTRE METER WATERLINE EASEMENT I m
apt
........
i £RExHlerr•A.r 1 e3
(�i !: NED DAVENPORT JR _ T C C C 0,2010140707
..................
=VOLUME 13374,PAGE 336
ARRENL.SIMPSO� RPRIC.T Esq .( —
3
4122
�•l,°''s`uR hyo j FIELD NOTE
POINT OF BEGINNING
m j Geln COOROINATEs g
�. � � � N:10144T88A6 6:305981839 I 4
p r
WARREN L SIMPSON,RP.L S 4122 ¢T.' tnU
Ismpsm @m6apaMe.1s.00m r $ TRAILS END PROPERTY OWNERS zS
SURVEYORS NOTES. y f w ASSOCIATIONANC. u
k CALLED 12615 ACRES
RELEASED.OCTOBER 08,2020 Z TRACT ONE \ a
ii . \ a
REVISED:AUGUST 18,2021[REMOVED 0.047 A-;RE TEMP CONSTR.EASEMENT' � I CC D2DI3217070
u+
SURVEYED.SEPTEMBER 10,20M ' 3 W O P R.T.0 T. F�
FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED: f W
0.118 ACRE TEMPORARY CONSTRUCnON EASEMENT LOCATED IN THE FRANCS aggg� C x LINE TABLE '..`
HARRIS SURVEY.ABSTRACT 764,IN TRANS COUNTY,TEXAS. q
a LINE DIRECTION LENGTH M
THE SURVEYOR DID NOT ABSTRACT THE SUBJE,T TRACT THIS SVRVEYWAS j L-I N07*5959'E 12 SIT
PERFORMED WITHOUT THE BENEFIT OF A T17.E REPORT THEREFORE THE
SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE kB?�Ovl*w L-2 507'5621'W 2284' ?
BEEN ADDRESSED HEREON HOWEVER.THE SURVEYOR DOES NOT GUARANTEE 6�,�•
THAT ALL EASEMENTS.RESTRICVIONSOR ENCLAIBRANCES(EITHEROFRECORC -
OROTOF RECORD[WHICH MAY AFFECT THE wBJECT TRACT ARE SHOWN NED D•YMACRE °C
T
DAVENPORT mjP0Fm"c0msrR7JOTTON
EAAMEW
THE BEARINGS AND COORDMATES SHOWN HEREON ARE BASED UPON THE TRACT2
TEXAS STATE PLANE COORDINATE SYSTEM NAD 83,CENTRAL ZONE ACOURREO
FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS DISTANCES SHOWN2012190501 ,I
HEREON ARE SURFACE VALUES(GRID TO SURFACE SCALE FACIOR-t 00013) O.P.R.T.C.T. !
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II 25 III II CI
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er Partners
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