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CM-2023-188 - 8/18/2023ELECTRONICALLY RECORDED 2023070177 Williamson County, Texas Total Pages: 6 GRADING TEMPORARY CONSTRUCTION EASEMENT STATE HIGHWAY 29 KNOW ALL PERSONS BY THESE PRESENTS: That MORRIS VENTURE PARTNERS IV, LLC (hereafter referred to as "Grantor"), whether one or more, in consideration of $6,000.00 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 CITY OF ROUND ROCK, TEXAS, its agents, contractors, successors and assigns (referred to as "Grantee 1, a temporary access, storage and construction workspace easement for the purpose of access, additional workspace and temporary storage of material and equipment to allow construction and installation of proposed State Highway 29 roadway facility extension and related utilities and drainage and other necessary structures and related appurtenance construction ("Project") to be located within adjacent right of way owned or possessed by GRANTEE, in, along, upon and across the property ("Property") located in the County of Williamson, State of Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes. For the consideration above recited and the mutual covenants and conditions herein contained the parties further agree as follows: Grantor shall pay one thousand dollars ($1,000) per month for a period not to exceed six (6) months. Following completion of temporary work or use within the Property, if GRANTEE has removed or damaged improvements, herbage, or planted landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its expense restore properties injured by GRANTEE's activities as closely as commercially possible to substantially the same condition as existed previous to GRANTEE's entry upon the particular property, taking into account the proposed modifications as described herein. Any fencing installed by GRANTEE along the boundary of the Property shall be removed upon termination of the easement. 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. This Easement and License shall be in full force and effect at all times during the accomplishment and completion of the construction Project activities described above. Said Easement shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and all interest conveyed herein shall cease on the expiration of six (6) months from the date of first entry by GRANTEE upon the Property for the purposes set out herein, or on the date of completion of construction of the Project activities described above, whichever occurs first. GRANTEE shall only remove any hardwood trees larger than 8 (eight) inches in diameter from the temporary construction workspace easement areas if approved and determined by the GRANTEE's engineer in advance to be necessary and required for reasonable access to the Property to carry out the purposes identified herein. IN WIT WHEREOF, he artie hereto have executed this instrument to be effective the day of 2023. l�l+ IrCJ��7�V 2023070177 Page 2 of 6 GRANTOR: MORRIS VENTURE PARTNERS IV, LLC By Name: W �� to•rr` c.:. O /' �� Title: We 5 t de.•.t ,"qalujlq 40MOLLDIM STATE OF TEXAS COUNTY OF/zL,,j This instrumept was ack owledged afore me on this the _ day of 2023 by ` ' in the capacit and for th ses and consideration recited therein. Notar Tex - ACCEPTED AND AGREED BY GRANTEE: "YP''`�• KIM S. TAMEZ r$J'. potery, Public, State of Taxes Comm. Expires 10-19.2023 '•i; w„���` Notary 1D 10327318 CITY OF ROUND ROCK, TEXAS' r {adiey, City Manager 1 t4 . State of Texas County of Williamson Acknowledgment 2 2023070177 Page 3 of 6 This instrument was acknowledged before me on this the ly� of ' , 2023 , Round Rock ity Manager, in the capacity and for a purposes and consid tion recited herein. k53 . �� I kill MONIQtEADWAMS i NN 7! , y l 1rtYNotafYlDtx126Z57 Public, State , Texas Eames March 22, 2= PREPARED IN THE OFFICE OF: Sheets & Crossfield, PLLC 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Ann: City Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 2023070177 Page 4 of 6 y OIPw10 � �YNP41ut ---rgpnrtP+a u. Oct 1 =rx Wars Peas rPaaoim'�+rr= - -- Zk ao�mucsn+ ?+ iLwexrit FEW* waft Ala Umw r. h sai's y' �v Itr lrf r + \ oPr�oe ueuort , f I . � y RECORDERS MEMORANDUM A I or parts of the text on this page wap not clearly legib a for satisfactory recordat on EXHIBIT "A" 20230713177 Page 5 of 5 0 V t MOCOMOERSidr;MQRANRUM Al _( 61"t.1 I'-c Prd "Spaji voos nail r tiall r le'7iNe t'r 1, I''srol-latr.n ROLA'� HOCK OEORWIC", IMIS OB WOOD MOUNO RDCK YY WATEFU�Wt NEWCAMNS p I rrupoRany cuNsrFzLuum EkSt -Nr Exmm7 202307DI77 Page 6 of 6 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023070177 Pages; 6 Fee- $50.00 08122/2023 01-38 PM OSAI_INAS Nancy E. Rister County Clerk Williamson County.Texas ITROUND ROCK XA5 City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of a Grading Temporary Construction Easement agreement with Morris Venture Partners, LLC to allow adjustments of the existing Raw Water Line Facility along SH 29. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/18/2023 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $6,000.00 Indexes: Self -Financed Water Construction Attachments: Agreement, LAF, Map Department: Utilities & Environmental Services Text of Legislative File CM-2023-188 In 1995, the City of Round Rock installed a 30-inch raw waterline in the right-of-way of DB Wood Road in Georgetown, Texas. The raw water line is one of two lines that feed raw water to the City's Water Treatment Plant. The City of Georgetown recently notified the City of Round Rock that a roadway project undertaken by the City will be expanding DB Wood Road. The roadway expansion will conflict with Round Rock's raw waterline in three locations. Georgetown has requested that Round Rock relocate our raw waterline to avoid conflict with the roadway project. The City of Round Rock has completed 100% design of the raw waterline relocation in two locations along SH 29 and DB Wood Road. The SH29 relocation will require a temporary construction easement from an adjacent property to mobilize and place boring equipment to install the relocated waterline. This temporary easement agreement will provide the space necessary to install the line within our permanent easement. Cost: $6,000 Source of Funds: Self -Financed Water Funds City of Round Rock Page 1