CM-2023-029 - 2/17/2023ELECTRONICALLY RECORDED 2023023255
Williamson County, Texas Total Pages: 20
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Chisholm Trail Blvd, Right Turn Lane Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That REGIONS BANK, an Alabama state banking corporation, as successor by merger
to HUT1'0 STATE BANK (hereafter referred to as "Grantor"), in consideration of Ten Dollars
($10.00) and other good and valuable consideration paid by the City of Round Rock, Texas, the
receipt of which is hereby acl(nowledged, does hereby grant to the CITY OF ROUND ROCK,
TEXAS and its successors and assigns (referred to as "Grantee"), n temporary construction
easement (the "Temporary Construction Easement") for the limited purpose of (1) constructing
proposed Chisholm Trail Right Turn Lane roadway, retaining wall, sidewalk and related
facilities within the adjacent right of way owned or acquired by Grantee, (2) constructing and/or
reconstructing Grantor's existing driveway entrance from the proposed roadway improvements
to the remaining property of Grantor, and any associated grading and drainage therewith, and (3)
restoring to Grantor's reasonable satisfaction any Property (as hereinafter defined) or adjacent
real property owned by Grantor that is injured or damaged by .Grantee's use of the Property and
activities thereon, including without limitation landscaping, irrigation, parking, pavement,
striping, cubing, signage, lighting or vegetation, as closely as possible to substantially the same
condition or better than existed previous to Grantee's entry upon the Property (collectively, the
"Pro jject"), in, along, upon and across a limited portion of the real property that is owned by
Grantor and described in Exhibit "A". The aforementioned limited portion of Grantor's real
property is depicted and labeled as the "Temporary Construction Easement" on Exhibit "B" (the
"Property"). Grantee shall be responsible, at its sole cost and expense, for the performance of the
Project, and such Project shall be in the location of, subject to, and shall comply with any notes,
details, specifications or other requirements or restrictions as shown on the plan sheets attached
as Exhibit "C" and incorporated herein (the "Scope of Work") and otherwise to Grantor's
reasonable satisfaction and approval.
The parties agree further as follows:
This Temporary Construction Easement Agreement shall become effective upon the
Effective Date (as hereinafter defined) and shall terminate on the earlier of (a) the expiration of
four (4) months after the initial entry by Grantee for beginiiing of the work upon the Property, (b)
on the date of completion of construction of the Project; or (c) the expiration of three (3) years
following fill} execution of this Tempol•ary Construction Easement Agreement. Notwithstanding
the foregoing or anything to the contrary herein, Grantee's restoration obligations shall survive
the expiration or earlier termination of this Temporary Construction Easement Agreement.
Grantee shall be allowed to extend the duration of the term of the Temporary
Construction Easement identified herein for up to three (3) additional thirty (30) day periods
upon (1) notification to Grantor in writing at the address contemplated herein of the requested
extension period, and (2) tendering the additional sure of $2,000.00 for each additional extension
period used.
0 712 72.1 06690011 1
-i,22e? t Flocoldt;d By=
Irnvac National Title
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Chisholm Trail Blvd. Right 'Turn Lane Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That REGIONS BANK, an Alabama state banking corporation, as successor by merger
to HUTTO STATE BANK (hereafter referred to as "Grantor"), in consideration of Ten Dollars
($10.00) and other good and valuable consideration paid by the City of Round Rock, Texas, the
receipt of which is hereby acknowledged, does hereby grant to the CITY OF ROUND ROCK,
TEXAS and its successors and assigns (referred to as "Grantee"), a temporary construction
easement (the "Temporary Construction Easement") for the limited purpose of (1) constructing
proposed Chisholm Trail Right Turn Lane roadway, retaining wall, sidewalk and related
facilities within the adjacent right of way owned or acquired by Grantee, (2) constructing and/or
reconstructing Grantor's existing driveway entrance from the proposed roadway improvements
to the remaining property of Grantor, and any associated grading and drainage therewith, and (3)
restoring to Grantor's reasonable satisfaction any Property (as hereinafter defined) or adjacent
real property owned by Grantor that is injured or damaged by.Grantee's use of the Property and
activities thereon, including without limitation landscaping, irrigation, parking, pavement,
striping, cubing, signage, lighting or vegetation, as closely as possible to substantially the same
condition or better than existed previous to Grantee's entry upon the Property (collectively, the
"Project"), in, along, upon and across a limited portion of the real property that is owned by
Grantor and described in Exhibit "A". The aforementioned limited portion of Grantor's real
property is depicted and labeled as the "Temporary Construction Easement" on Exhibit 'B" (the
"Property"). Grantee shall be responsible, at its sole cost and expense, for the performance of the
Project, and such Project shall be in the location of, subject to, and shall comply with any notes,
details, specifications or other requirements or restrictions as shown on the plan sheets attached
as Exhibit "C" and incorporated herein (the "Scope of Work") and otherwise to Grantor's
reasonable satisfaction and approval.
The parties agree further as follows:
This Temporary Construction Easement Agreement shall become effective upon the
Effective Date (as hereinafter defined) and shall terminate on the earlier of (a) the expiration of
four (4) months after the initial entry by Grantee for beginning of the work upon the Property, (b)
on the date of completion of construction of the Project; or (c) the expiration of three (3) years
following full execution of this Temporary Construction Easement Agreement. Notwithstanding
the foregoing or anything to the contrary herein, Grantee's restoration obligations shall survive
the expiration or earlier termination of this Temporary Construction Easement Agreement.
Grantee shall be allowed to extend the duration of the term of the 'Temporary
Construction Easement identified herein for up to three (3) additional thirty (30) day periods
upon (1) notification to Grantor in writing at the address contemplated herein of the requested
extension period, and (2) tendering the additional sum of $2,000.00 for each additional extension
period used.
�0 712b72.1 066800111
iJUlr2oZ3 Recorded BV
Texas National Title
3 V T -- 15 got I t L-1-
Notwithstanding the foregoing or anything to the contrary herein,
a. To the extent allowed by law, Grantee shalt 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 or otherwise related to the exercise of Grantee's rights hereunder.
b. At no time during the grant of this easement shall Grantee unreasonably interfere
with or disturb {or permit to be :rterfered with or disturbed) Grantor, the business being
conducted by Grantor, or reasonahie access to its remaining property, unless there is a written
agreement to do so between Grantor and Grantee in advance.
C. At no time during the grant of this easement shall Grantee, its agents or
contractors be allowed to s±ore machinery or materials within the Property (or any surrounding
property owned by Grantor) unattended or during periods where no active construction work is
being performed in the right of way adjacent to the Property.
d Grantee shall not disrupt or impact (or otherwise permit to be disrupted or
impacted) any vertical improvements or utilities within the Property (or any surrounding
property owned by Grantor) other than as expressly described within the Scope of Work.
C. Any construction work performed by Grantee or any designated contractor (the
"Contractor") within the Property shall be completed expeditiously in conformance with the
Scope of Work in a good and workmanlike manner in compliance with all applicable laws.
f. Grantor shall have the right to review and approve any proposed change order
modifications to the Scope of Work within or that may impact the Property prior to the
performance of any work associated therewith.
g. Grantee must provide (or cause to be provided to) Grantor at 101 W Old Settler's
Blvd, Round Rock, TX 78681, with a copy to c/o Corporate Real Estate, 250 Riverchase
Parkway East, 3rd floor, Birmingham, Alabama 35244, Attention: Portfolio Administration,
with at least seventy two (72) hours' written notice before Grantee, the Contractor, or any other
third party commences initial entry upon the Property for beginning any construction work
within the Property.
h. Grantee shall provide or cause to be provided directional and cautionary signage
meeting standard City of Round Rock roadway project requirements within the Property (or any
surrounding property owned by Grantor) and any adjacent public right of way during any such
construction work in accordance with any requirements of the approved Chisholm Trail Right
Turn Lane project construction plans.
i. Grantee shall provide or cause to be provided unobstructed ingress and egress
traffic to and from Grantor's property and Old Settlers Boulevard and, subject to the immediately
following sentence, from Grantor's property and Chisholm Trail Road at all hours of posted
business operation times during the performance of any such construction work. Notwithstanding
06712672.1 0669001 1.1
2
the foregoing, Grantor and Grantee hereby agree that Grantor may temporarily obstruct ingress
and egress traffic to and from Grantor's property and Chisholm Trail Road for purposes of
replacing the driveway between Grantor's property and Chisholm Trail Road; provided,
however, in no event shall such obstruction exceed ten (10) business days in the aggregate.
j. The construction work will be bonded by Grantee or the Contractor in accordance
with the Scope of Work and any other approved plans and contract documents with a contract
cost performance bond in compliance with standard City of Round Rock transportation project
insurance and warranty/guarantee contractual terms and requirements.
k. Grantee shall not install any improvements or trees or take any action (or permit
any action to be taken by the Contractor or any other party within Grantee's lawful control)
within the Property or Grantor's retraining property that would adversely affect Grantor's
business operations or reasonable access to and from Grantor's property.
1. Grantee and its on -site agents, employees, and contractors shall maintain
comprehensive general liability insurance in standard amounts required by City of Round Rock
transportation project contracts.
M. Grantee shall not cause (or permit to be caused) any portion of Grantor's property
(or any improvements thereon) to violate any applicable zoning ordinance or other laws as a
result of the Project or any associated work, or else shall otherwise provide Grantor any required
variance or Administrative Adjustment pursuant to the City of Round Rock Code of Ordinances
or other applicable law, code, ordinance or regulation.
This easement conveyance is subject to all easements, encumbrances, matters, and rights
of way of record, all restrictions, reservations, covenants, conditions, oil, gas, or other mineral
leases, mineral severances and other instruments that affect the Property, those matters that
would be shown on a current_ accurate survey of the Property, or by an inspection thereof, as
well as taxes and assessments for the current year, and all subsequent years, which are not yet
due and payable.
IN WITNESS WHEREOF, the parties hereto have executed this instrument to be
effective this _ __S- day of I _,i:, 2023 (the "Effective Date").
[signature pages follow]
06712672.1 06680011.1
3
GRANTOR:
REGIONS BANK
By:
Name:_ O h fitG -
Its: I ,e Pals. e!
Acknowledgment
State of Its I�
County ofJ§
This instrument was acknowledged before me on this the % � day of
2023 by �:DATTJjZjd� in the capacity and for the purposes and
consideration recited herein
72;yPublic, State off 414- 41 )I
RANDI L. DICUS
Notary Public
Alabama State at Large
06712672,E 06680011.1
4
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
Name:
Its: Mv
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the �ay of
2023 by 1 4,64,4C - , in the capacity and for the purposes and
consideration recited herein.
MOtfIQUE ARAM$
y My Matary ID # 12UM13
Of„r ExpimMarch 22� 2026
06712672 1
Notary Public, bate of Texas
066800111
5
EXI4II3IT "A"
Legal Description of Real Property Owned by Grantor
Lot 1, Block "A", HOPPE SUBDIVISION, a subdivision in Williamson County, '.Texas,
according to the map or plat of record in Cabinet J, Slide 167, Plat Records; Williamson County,
Texas.
06712612.1 06680011.1
6
EXHIBIT "B"
Depiction of Property
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RECORB INFORMATION
P,R.W,C,7.
PLAT IILGORDa
WILLLAM9014 COUNTY, TCXAO
O.RAI.G.T.
OPPICIAL RECBRDO
WILLIAMSON COUNTY, TCXAS
NO.
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DEARIND.ALL DISTANCES ARE RURFACR Ut3TANCCs.
COORDINATIE6 ARE BRIO VALUES DAeFp ON TIIE TEXAS
STATE PLANE, DOORDNIATC SYSTEM, CENTRAL ZONE NO.
4 e05, MAD 415,
el 71119 SURVEY WAS PERFORMED WITHOUT SEN£FIT OF A
TITLE ANBTRACT, 11tERE 61AY DE OTHER INSTRUMENTS OF
RECORD THAT APFCCT Tlpa TnACT NOT DEPICTEn IIEAEON
I NORceY CERTIEY THAT THIS PLAT 18 TRUE AND CORRECT
AND THAT Tilt PRUPEnTY 811OWN 1010I4 VAS DETERSONED
BY A sunny MAIiE ON YIIC O1tOUM0 UNDER MY DIRECT
SUPERVISID ` - 1wfc
M. 81 • IIEN TRUESOALE DATE
nE010TRAEn PROFE8614NAL LAND DURVCYOR NO. 4033
I.ICE.N8E0 STATE LAND 9U11VCYO11
INLAND DEODETIC8, LLC
PIRAI RCO13TRATION NO.100sat-On
Ia04 CHISIIOLM TRAIL ROAD, SUITE 403
ROUND ROCIL TEXAS Taaal
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2023023255 Page 20 of 20
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023023255
Pages:20 Fee: $146.00
03128-'2023 10:32 AM
KCURRIE
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider execution of 0.0333 acre temporary easement with Regions Bank
required for construction of proposed improvements to Chisholm Trail Right
Turn Lanes.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/17/2023
Dept Director: Gary Hudder, Transportation Director
Cost:
Indexes:
Attachments: REGIONS(l)--Round Rock. TCE (Regions 1.31 clean --execution copy), REGIONS(1)
-property location presentation exhibits (DC 11.14.22)
Department: Transportation
Text of Legislative File CM-2023-029
The purchase contract for acquisition of r.o.w. + temporary easement was previously approved by the
City Manager (2.10.23). As part of the closing of the transaction, the City needs to execute the temporary
easement document for recording in the real property records. There is no additional cost for this item.
City of Round Rock Page 1 of 1
REGIONS BANK ACQUISITION
VALUATION AND HIGHEST AND BEST USE OF THE ACQUISITION
source: City of Round Rock
Whole property =
Fee acquisition --
Temp Easement =
0.950 ac (39,422 SF)
0.0321 ac (1,397 SF)
0.0333 ac (1,450 SF)
Hornsby and Company
45