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CM-2022-322 - 12/16/2022REAL ESTATE CONTRACT Red Bud (North) Drainage Easement THIS REAL ESTATE CONTRACT ("Contract") is made by and between LEWSOUR, LTD. (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, Subsurface Drainage Easement interest in and to the tract(s) of land described as follows: All of that certain 0.030 acre (1,293 square foot) tract of land out of and situated in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, being a portion of Lot 3, Block "A", (1.003 acres), of the Replat of Pioneer Crossing Commercial Tract, a Subdivision of record in Cabinet Z, Slides 8 - 10 of the Plat Records of Williamson County, Texas, and being described in a Warranty Deed to LEWSOUR, LTD. recorded in Document No. 2005077048 of the Official Public Records of Williamson County, Texas.; more fully described in Exhibit "A", attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE AND ADDITIONAL PROVISIONS Purchase Price 2.01. The Purchase Price for the drainage easement interest in the Property shall be the sum of FIFTEEN THOUSAND FIVE HUNDRED SEVENTEEN and 00,-100 Dollars ($15,517.00). Special Provisions 2.02. The Parties expressly agree that operation of the Seller's driveway and signage located on Seller's property are not, and shall not, be impacted by this Contract or the work completed hereunder upon the Property. 0426Z2,`702 2,03. Unless otherwise agreed in advance, Purchaser shall ensure that Seller has reasonable and uninterrupted access for persons and vehicles to Seller's remaining property at all times, even during construction, repairs, or maintenance operations. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER 4.01. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The Property herein is beingconveyed onyeyed to Purchaser in lieu of and under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Texas National Title, Inc. on or before January , 2023 or at such time, date, and place as Seller and Purchaser may agree, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the contract (which date is herein referred to as the "Closing Date"). Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Drainage Easement conveyin u h property ntere t to all of the Property described in Exhibit "A", free and clear of any and all monetary liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) The Easement shall be in the form as shown in Exhibit "B" attached hereto. (3) Provide reasonable assistance as requested and at no cost to Seller to cause Title Company to provide Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". (4) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price and Additional Compensation. Closing Costs 5.04. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively as incurred. ARTICLE VI BREACH BY SELLER 6.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shal I be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY PURCHASER 7.01. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser. 4 ARTICLE VIII MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 8.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 8.04. In case any one or more of the provisions contained in this Contract 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 Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 8.06. Time is of the essence in this Contract. Gender 8.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. F.ffi.(-.tiva T)atP 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. Contingent Possession and Use Agreement 8.12. Upon completion of (1) the full execution of this Contract by all parties, and (2) acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the Title Company, Purchaser, its agents and contractors shall be permitted at any time after nu ry to enter and possess the Property prior to Closing for the purpose of completing any and all necessary testing, utility relocation and construction activities associated with the construction project of Purchaser on the Property or other obligations of this Contract, and Seller agrees to make any gate access available to Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this paragraph. The parties further agree to continue to use diligence in assisting with any title curative measures or mortgage lien release required by the Contract to complete the Closing of the purchase transaction. (Signature page to follow) 6 SELLER: By: Name/TiQ 3839 Bee Cave Road, Suite' Austin, Texas 78746 Date- 10fu able [ PURCHASER: CITY OF ROUND ROCK, TEXAS By: Laurie Hadley,City- Manager 221 E. Main Street Round Rock, Texas 78664 Date: �� �� County: Williamson 04-15-22 Parcel: Easement Page 1 of 3 Project: CR 122 (Redbud Lane) EXHIBIT A PROPERTY DESCRIPTION FOR PARCEL EASEMENT DESCRIPTION OF A 0.030 ACRE (1,293 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK "A", (1.003 ACRES), OF THE REPLAT OF PIONEER CROSSING COMMERCIAL TRACT, A SUBDIVISION OF RECORD IN CABINET Z, SLIDES 8-10 OF THE PLAT RECORDS OF WILLAMSON COUNTY, TEXAS, AND BEING DESCRIBED IN A WARRANTY DEED TO LEWSOUR, LTD RECORDED IN DOCUMENT NO. 2005077048 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.030 ACRE (1,293 SQUARE FOOT) PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the interior of said Lot 3, having grid coordinates of N=10,167,768.77 E=3,152,517.72 being in the existing northerly line of a 30 foot water, public utility & wastewater easement recorded in said Cabinet Z, Slides 8-10, also being 30' north of, parallel and coincident with the southerly boundary line said Lot 3, for the southeasterly corner and POINT OF BEGINNING of the herein described parcel and from which a 518" iron rod found, being an angle point in the southerly boundary line of said Lot 3, same being the intersection of the existing easterly Right -of -Way (ROW) line of County Road (C.R.) 122 (Redbud Lane) (variable width ROW), and the existing northerly ROW line of U.S. Highway 79, (variable width ROW) bears S 11.05'38' E, at a distance of 30.49 feet; THENCE, through the interior of said Lot 3, the following (4) four courses: 1) with said existing northerly 30' easement line, along a curve to the left having a radius of 11,400.00 feet, a delta angle of 00003'07", an are length of 10.36 feet, and a chord which bears S 72°14'48" W, a distance of 10.36 feet to a calculated point, at the intersection of the existing easterly line of a 15' Public Utility Easement (P.U.E.) recorded in said Cabinet Z, Slides 8-10, same being 15' east of, parallel and coincident with the westerly boundary line of said Lot 3, for the southwesterly comer hereof; 2) along said 15' (P.U.E.), N 69"68116" W, a distance of 17.78 feet to a calculated point for the beginning of a curve to the right; 3) continuing with said 15' (P.U.E.), along said curve to the right having a radius of 896.00 feet, a delta angle of 06901154", an arc length of 94.22 feet, and a chord which bears N 07.10'04" W, a distance of 94.18 feet to a calculated point, for the most northerly corner hereof; 4) departing said 15' (P.U.E.), S 20027153" E. for a distance of 106.86 feet to the POINT OF BEGINNING, containing 0.030 acres, (1,293 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY H D AND SEAL al Rouln'd'o�ckAWiNiamson unly, Texas. z , � �V{/w tzi j�Lx M. n Steph rue a Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor OF Inland Geodetics, LLCr••�,F./- Firm Registration No: 100591-00 r4% 1504 Chisholm Trail Road, Suite 103s Round Rock, TX 78681 ` ` ......������� M. S.......... T...... f111(.E S.%BROWN&GAYIRED BUD-CR122 NORTHTARCELS%LEWSOUR-LTDILEWSOUR-EASEMENT.doo �,�+i °.r, _ 4�j'13 PLAT TO ACCOMPANY PARCEL DESCRIPTION SURVEY 'SI'OONER ASSOCIATES- ,' / MARSHALL jOSBSTRA�T No, 409 0.099 ACRE . / TIONAL ROVI DADDEDICATED /' / / Y PLAT / P. "BAKE -AICKLEN" /. d � ! REPLAT OF PIONEER CROSSING •BAKER-AICKLEN- COMMERCIAL TRACT EXISTING CAB. Z SLDS. 8-10 v II 15' P.U.E. P. �i. W. C. T. o PER PLAT a BLOCK "A"MCOUSURVEY ' ! LOT 3 I'I ' ROBERT AC-r N0• 422 IQ (1.QQ3 AC.r ABSTRAOT Ia ,3 1 .w N jg 1q LEWSOUR LTDTRACj I� , �^ I4 � DOC. NO. 2005077048 w 0. P. R. W. C. T. �j bo irge f _ EASEMENT Im 1 11. LOT 3 AC. f 47�w 1' 101 1 1, 2933SO.� FT. 10 30' VIATCR a WASTI=WATER F.ASEMFNT 0 4 2L��'to r � a P.U.C. I 1 I 4. Id �{ (CAH. Z. SLDS, 8 IO) U �p0 CFIASE I m ' C1•-d__ SIGN --- 1 i ----- / KER-AICKLEN' - jj00 ?� c ° l � •OAKER-AICK� n J' ! ` LEN• EXISTING R.U.W. �...d- -d -J ..,1.•-d -d..•d-•-d...d..� . - -Asti._- - _.-_ ,� _ P.O.B. +"``"' - �� ��� �� 30' 1VATERI INF FAtiIMENT GRID COORDINATES: ` 4 G SIDEWALK DOC. NO. 200200GO21 N-10. 167, 768. 77 DOC. No 2L OE 065375 O.P.R.W.C.T. E-3, 152, 517. 72 O.P,RAV.C.T. 0 U. S. HIGHWAY 79 3a' WAS 1+=1Vn rLR 006FJ5EASEMFNT IR.O.W. WIOTN VARIESI UDC. NU. ?_0k1l C.T E35J O.P.R.V! C.T I i N0. DIRECTION DISTANCE LI 511.05'38"E 30.49' L2 N59.5616"W 17.76' NUMBER DELTA RADIU5 LENGTH CHORD CHORD BEARING CI 00.03' 07" 1 I 400.00' 10. 36' 10. 36' S72. 14' 48"W C2 06. 01 ' 54" $95- 00' 94. 22' 94. 18' N07. 10' 04 "W 0�4/15/20221 Al PARCEL PLAT SHOWING PROPERTY OF N L A N D u EASEMENT GEODETICS ; LEWSOUR, LTD PROFESSIONAL LAND SURVEYORS 0.030 ACRES 1504 CHISHOLM TRAIL RD. STE. 103 1,293 Sq. Ff. ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY PH. 612) 231-1200, FAX 612) 238-1251 FIRM REGISTRATION NO. 100591-00 1" = 60' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 2 OF 3 C..eo.vu,,.11,:lV�6C1'1 RI IRf•R1� Nl,WTHIPBNf'GI Gll FV11S(MIN.1 I IN NWti(II,N•tA.�K{tN1.OM /A-1 PLAT TO ACCOMPANY PARCEL LEGEND GOD NAIL FOUND J \ LINE BREAK O IRON ROD WITH ALUMINUM CAP r STAMPED "CORR ROW" SET P.O.B. POINT OF BEGINNING Q IRON ROD WITH PLASTIC OR i ) RECORD INFORMATION ALUMINUM CAP FOUND - AS NOTED P.R.W.C.T, PLAT RECORDS 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS ® COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS CALCULATED POINT O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PROPERTY LINE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS \mil DENOTES COMMON OWNERSHIP WILLIAMSON COUNTY, TEXAS 11 All bearings shown hereon are based on grid beoring. All distances are surface distances. Coordinates are surface values based on the Texas Stote Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE OF NO.T-161314, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MARCH 23, 2022, ISSUE DATE APRIL 4, 2022. 1. RESTRICTIVE COVENANTS: CABINET Z, SLIDE 8, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOCUMENT NO. 2005044515, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 10-2. A 30 FOOT PUBLIC UTILITY EASEMENT RESERVED ALONG THE SOUTHERN PROPERTY LINE AS SHOWN ON THE PLAT OF RECORD IN CABINET Z, SLIDE B, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 3. A 30 FOOT WASTEWATER LINES EASEMENT RESERVED ALONG THE SOUTHERN PROPERTY LINE AS SHOWN ON THE PLAT OF RECORD IN CABINET Z, SLIDE 8, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 4. A 15 FOOT PUBLIC UTILITY EASEMENT RESERVED ALONG THE WESTERN PROPERTY LINE AS SHOWN ON THE PLAT OF RECORD 1N CABINET Z, SLIDE 8, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 5. 20 FEET OF A 40 FOOT JOINT ACCESS EASEMENT RESERVED ALONG THE NORTHERN PROPERTY LINE AS SHOWN ON THE PLAT OF RECORD IN CABINET Z. SLIDE 8, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT, 6. A WASTEWATER LINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK, TEXAS, DESCRIBED IN DOCUMENT NO. 2002006819, DOES NOT AFFECT, AND DOCUMENT NO. 2002006859, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 7. A WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK, TEXAS, DESCRIBED IN DOCUMENT NO. 2002006621, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. 8. A JOINT ACCESS EASEMENT AS DESCRIBED IN DOCUMENT NO. 2004008523, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 9. A WATERLINE EASEMENT GRANTED TO THE CITY OF ROUND ROCK, TEXAS AS DESCRIBED IN DOCUMENT NO. 2005065379, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 10. A SIDEWALK EASEMENT GRANTED TO THE CITY OF ROUND ROCK, TEXAS AS DECRIBED IN DOCUMENT NO. 2005065375 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. 12. ALL TERMS CONDITIONS AND PROVISIONS OF THAT CERTAIN CROSS ACCESS EASEMENT AGREEMENT OF RECORD IN DOCUMENT NO. 2005044516, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDERAY DI ECT S i{A0 SION. M. STEkk IR6ESDALE V DATE a REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 04/15/2022 PARCEL PLAT SHOWING PROPERTY OF Fp N D u EASEMENT TICS 'i LEWSOUR, LTD ACRES LAND SURVEYORS 0.030 ACRE S TRAtLRD.STE.103 1,293 Sq. Ft. CK, TX. 78681 SCALE PROJEGTCOUNTY ,FAX(512)238-12SI FIftMREGSTONNO. 100591-00 j" = 60' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 3 OF 3 EXHIBIT B SUBSURFACE STORM SEWER DRAINAGE EASEMENT Red Bud North THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That LEWSOUR, LTD. and its successors and assigns, ("Grantor"), 'for and in consideration of the sum of Ten and No!100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual underground storm sewer drainage easement to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove public utility storm sewer drainage facilities and improvements, together with the express right to maintain the easement area by clearing and removing vegetation, silt and debris therefrom, in, under and across the following described property, to -wit: All of that certain 0.030 acre (1,293 square foot) tract of land, more or less, being located in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas; said tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of storm sewer drainage lines, facilities and related equipment, systems and structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary accessories. All storm sewer facilities of Grantee which are placed within the easement shall be located underground. 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 said easement, rights, and privileges shall cease and revert to Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, but only if ingress and egress is not otherwise available from an adjacent public right of way. (b) the right to mark the location of the easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backftll 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; (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses or to dedicate all or any part of the surface of the property affected by this easement to any city or county for use as a public street, road or alley; 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, or diminish or substantially add to the amount of soil covering 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. Grantee shall have the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining said public utility storm sewer facilities; all upon the condition that Grantee will at all times after doing work in connection with the construction or repair of said facilities restore the surface of said premises as nearly as is reasonably possible to the condition existing before the work was undertaken. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, 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. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the 1,3 day of Qg4d tw,kke , 2022. GRANTOR: LEWSOUR, LT Name: i rtn rrti QSSO �' Its: m 4EM.OV, ACKNOWLEDGMENT THE STATE OF V Q S COUNTY OF rAvt 5 This instrument was acknowledged before me on this the day of 2022, byirnit+dt , in the capacity and for the purposes and consideration recited herein. If /) 11 LORI SWEETUIND Notary Public, State of Texas .: My Notary ID # 125113722 le 4r c<�i l=*FOS January 10, 2025 JOINDER AND CONSENT OF LIENHOLDER TO DRAINAGE EASEMENT THE LAFAYETTE LIFE INSURANCE COMPANY, as the current holder and beneficiary under a Deed of Trust executed by LeW50Llr, Ltd. to Wesley McDivitt, Trustee, dated November 8, 2005 and recorded in Document No. 2005089888 (the "Grantor Security Document") of the Official Records of Williamson County, Texas that creates liens, security interests and other rights and powers that encumber all or parts of the property described in Exhibit "A" ("Grantor Liens"), executes this Drainage Easement ("Easement") for the limited purpose of (i) consenting to the terms and conditions of the foregoing Easement and (ii) agreeing that the Grantor Security Documents and the Grantor Liens are and shall be subordinate and inferior to all of the easements, restrictions, terms and provisions of the Easement, so that no enforcement of the terms of the Grantor Security Documents shall amend, impair or otherwise affect the easements, restrictions, terms or provisions of said Easement. THE LAFAYETTE LIFE INSURANCE COMPANY Name: Title: ACKNOWLEDGEMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this day of , 2022, by , the of The Lafayette Life Insurance Company, known to me to be the person whose name is subscribed to the preceding instrument, and acknowledged to me that he/she executed the same for the purposes and consideration recited herein. Notary Public in and for the State of % f a f � 4 rz J w �i i C,7 a i 1 AtIN1 F 1 1? # i 1 - • � � si PLAT TO ANY PARCEL DESCRIPTION SHALL SURV EY r joSEPH MANT No• 409 ASSTR , ` 0.099 ACRE ADDITIONAL r ROW 0� DICAl ED Y P-Al' / i . 'BAKE -AICKLEN" /. I ASSOCIATES" 1 NO. DIRECTION DISTANCE L1 S11.05'38"E 1 30.49' L2 N59' 58' 16"W 1 17. 78' d• / 1 ! b II f REPLAT OF j- —-� PIONEER CROSSING BAKER-AICKLEN" r COMMERCIAL TRACT EXISTING CAB. Z SLDS. 8-10 3 1r ; 1 15' P.U.E. P. W. C. T. c PER PLAT 1 a BLOCK "A" SURVEY w , 1 CHASE BANK 1'1 ROBOT MCNUTT N�, 422 AgSTRAOT di LEWSRO C f ZLTD I� DOC. NO. 2005077048 I:u O.P.R.W.C.T. 10 EASEMENT Im 1 (1.073 AC. 1 0.030 AC. [ �1, 293 SO. FT. 'z 30' WATER 1t VIAS fE WAT ER jd fi j �J f AaSPrU ENT C) . I �;� In (CAB. Z• SLDS. 8 10) I CHASE FF o• �''''] SIGN !'l� AKER-AICKLEN' "'' 'r�Ir• o ° �� "9.6KEf1•AICKIEN• © 1 EXISTING R.O.W. ..d_..d..d- .d ..d..d...d ,d ...d _..d..� .r�,�.....,T, . d--.J...d...d...d...d..,d..,,l..,d • ,} �•.... . �w • 1 P•�•g• ''� +'���� ��— 6' SIDEWALK 3D' WATERLINC EASEMCN- GRID COORDINATES: ; DOC. 0.P 2002000yf321 N-10, 167, 768. 77 �- DOC, NO 2 OE5065375 O.P,R.IV.C-7, E-3, 152, 517. 72 O.P.R.W.C.T. 8i U.S. HIGHWAY 79 1 3O' OC. NO PATER EASEMENT IR.O.R. WIDTH VARIES) UDC. NO 2 .W C.T. 6135J O.P.R.1V C.T. NUMBER I DELTA I RADIUS I LENGTH I CHORD ICHORD BEARING C1 1 00- 03' 07" 1 1 400. 00' 10. 36' 1 10. 36' 1 S72' 14' 48"W C2 1 066 01 ' 54" 1 895- 00' 1 94. 22' 1 94. 1 8' N07° 10' 04 "W F504CHISHOUM A N Du ETICS L LAND SURVEYORS TRAILRD. STE. 103 OCK, TX. 78681 00, FAX (S 12)238.1251 IIII FIRMREISTRTION N0.100S91-00 PARCEL PLA LEWSOUR, LTD SCALE PROJECT 1" = 6()' COUNTY ROAD 122 (REDBUD LANE) PERTY OF COUNTY WILLIAMSON 04/15/20221 EASEMENT 0.030 ACRES 1.293 Sq F I. L 3 C..owu.a,.rev.ocn ai"v'".-nw.w.,a,vRHf:.•1 ti.l f1Y11H4M-11111f YW11111H.0 NtmLm I.aon ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of a real estate contract with Lewsour, Ltd. for acquisition of a 0.030 acre drainage easement required for construction of proposed improvements to Red Bud North. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/16/2022 Dept Director: Gary Hudder, Transportation Director Cost: $15,517.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF - real estate contract w- Lewsour - 0.030 acre esmt; Red Bud N, LEWSCIUR(CHASE)- purchase contract for Red Bud N (signed by owner), CHASE- -proposed DE parcel location exhibits (DC 12.16.22) Department: Transportation Text of Legislative File CM-2022-322 The contract purchase price of $15,517 is equal to the City's appraised value for the proposed property acquisition. Cost: $15, 517.00 Source of Funds: Round Rock Transportation and Economic Development Corporation (Type B) City of Round Rock Page i of 1