Contract - Market Plaza, LLC - 9/12/2024 Sheets & Crossfield, PLLC
ATTORNEYS AT LAW
309 East Main Street.Round Rock,TX 78664-5246
Phone 512-255-8877.fax 512-255-8986
John®scrrlaw.com
August 23, 2024
Via e-mail: Laurent a;barronadlencom
Nicholas P. Laurent
808 Nueces Street,
Austin,Texas 78701
Attorney for Market Plaza, LLC
RULE 11 SETTLEMENT AGREEMENT
Re: City of Round Rock, Texas v. Market Plaza, LLC, Dellrif Ice, Wells Fargo Bank,
National Association, and Osvaldo Mercado and Rita Mercado; Cause No. 20-
0467-CC3; filed in the County Court at Law No. 3 of Willaimson County, Texas;
Gattis School Road, Segment 6; Parcel No. 26
Dear Mr. Laurent:
This letter will serve as a Rule 11 Settlement Agreement("Agreement") between the City
of Round Rock, Texas ("City") and Market Plaza, LLC ("Owner"), (collectively the
"Parties") as to the following:
1. Subject to final approval by the Round Rock City Council, the Parties
agree to settle this case and all issues, including the driveway slope
concerns requiring two temporary construction easements, for the total
amount of$415,000.00.
2. The City agrees to pay the total compensation for the following:
a. $414,000.00 in complete settlement of any and all claims which have
been or which could have been made as a result of the events giving
rise to the filing of the live petition in this case, including, but not
limited to, the compensation for the City's acquisition described in
Exhibit "A" ("Property"), attached hereto, any and all real property
improvements located thereon, damages to the remainder, if any, costs
to cure, if any, as well as any other claims related to this case;
b. $1,000.00 for a temporary construction access and workspace
easement interest in and across those two certain parcels or tracts of
land totaling 6,939 square feet, as defined and depicted in Exhibit "B"
(TCE-I & TCE-2) attached hereto, for a duration of 30 days from the
first entry upon the TCE property to carry out reconstruction of the
driveways.
- Zo2q - Z45
3. The Property will be acquired through condemnation via a stipulated
Special Commissioners' Hearing, after which the City will deposit the
amount awarded by the commissioners into the registry of the Court, less
the amount previously paid pursuant to the PUA, document number
2020120543 filed in the real property records of Williamson County,
Texas. The Parties agree to waive their right to file objections to a
stipulated award of $414,000.00; but if the commissioners award an
amount other than the stipulated amount of$414,000.00, then the Parties
agree to timely file objections and enter an agreed judgment for
$414,000.00.
a. If a party outside of this Agreement contests value at the Special
Commissioners' Hearing, or any other subsequent proceeding in the
case, the Parties may terminate this contract, and the Parties may
proceed with this lawsuit as if there had never been an agreement.
b. in the event this Agreement is not approved by the City Council and
executed by an authorized representative of the City, this Agreement is
null and void and the Parties may continue with the case as if there had
never been an agreement.
c. The Parties agree $414,000.00 is the final amount payable to all parties
in this case for the Property and is inclusive of any pre judgment
interest. Post judgment interest, if any, is tolled for a period of 90 days
after the Court signs a judgment in this case. If the City fails to pay the
$414,000.00 amount within the 90 days of the Court signing the
judgment in this case, then Owner shall be entitled to post judgment
interest at the statutory rate as of the date the judgment is signed by the
Court, compounded annually, from the date the Court signs the
judgment until payment is made.
d. The City's sole compensation obligation for the Property shall be the
payment of$414,000.00. Any compensation claims made in this case
by parties to this lawsuit shall be satisfied from this payment without
further recourse to the City.
4. TCE-1 and TCE-2 will be acquired via easement agreement ("Easement")
in the form as shown in Exhibit "C" attached hereto and incorporated
herein. Exhibit "C" shall be executed by Owner within 14 (fourteen) days
of any judgment entered in the case referenced in the subject line above.
Payment of the $1,000.00 for TCE-1 and TCE-2 will be delivered to
Owner within 60(sixty)days of Easement execution by Owner.
5. This Agreement may be filed as a Rule 11 agreement.
6. The Parties bear their own cost of court as incurred.
If this letter correctly sets forth the terms of our agreement and the settlement reached
between the City and Owner, please so indicate by having the appropriate persons
execute this letter in the space indicated below and return it to my attention for filing with
the Clerk. If we need to make alternate arrangements for pickup or collection of the
document just let us know that as well.
Very truly yours,
/s/ John Kelley
John L. Kelley
Sheets & Crossfield,PLLC
Attorneys for City of Round Rock
[signature page follows]
AGREED AND ACCEPTED:
Market Plaza, LLC
By: 0�E_uo
Address: ��{ / � J '-
P�
Date: K 7CJ /
AGREED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By: m /
Craig M gan,M v
or
Date: q- 12 -2.O2-1-1
REV:06-24-2019
Page 1 of 4
EXHiBIT A
County: Williamson
Parcel : 26
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 26
DESCRIPTION OF A 0.064 ACRE (2,784 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN H.
RANDALL SURVEY, ABSTRACT NO. 531, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2A
(1.629 ACRES), HIGHLAND ESTATES, SECTION IIA AMENDED PLAT OF LOTS 1 AND 2, A SUBDIVISION OF
RECORD IN CABINET BB, SLIDES 353-354 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,
DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO MARKET PLAZA, LLC RECORDED IN
DOCUMENT NO.2006050685 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.064 ACRE (2,784 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2"iron rod with plastic cap stamped"Chaparral Boundary"found 331.97 feel
left of proposed Gallis School Road Baseline Station 186+20.12, being the northeasterly corner of said Lot 2A,same
being the northwesterly corner of Lot 2,Block A,Autrey Ranch,a subdivision of record recorded in Cabinet EE,Slide
88 of the Plat Records of Williamson County, Texas, also being in the southerly boundary of Lot 1, Block A of said
Autrey Ranch subdivision;
THENCE,with the common boundary line of said Lot 2A and said Lot 2,S 02°33'32"E,for a distance of 268.43 feet a
1/2 inch iron rod with plastic cap stamped "Chaparral Boundary" found being a point of curvature to the right,
continuing along said curve to the right having a della angle of 17°59'45",a radius of 15.24 feet,an arc length of 4.79
feet and a chord which bears S 07°42'30" E, for a distance of 4.77 feet to an iron rod with aluminum cap stamped
"ROW 4933"(Grid Coordinates determined as N=10155081.09,E=3153715.52 TXSPC Zone 4203)set 58.91 feet left
of proposed Gallis School Road Baseline Station 186+26.13 in the proposed northerly right-of-way (ROW) line of
Gattis School Road (ROW width varies), for the northeasterly corner and POINT OF BEGINNING of the herein
described tract;
1) THENCE,departing said proposed ROW line,continuing with said common boundary line,along said curve
to the right having a delta angle of 71°20'42",a radius of 15.24 feet,an arc length of 18.98 feet and a chord
which bears S 52°22'44" W, for a distance of 17.77 feet to a 1/2 inch iron rod with plastic cap stamped
"Chaparral Boundary"found in the existing northerly ROW line of Gattis School Road (ROW width varies),
being the southeasterly corner of said Lot 2A, same being the southwesterly corner of said Lot 2, for the
southeasterly corner of the herein described tract;
2) THENCE, departing said Lot 2, with the common boundary line of said Lot 2A and said existing northerly
ROW line of Gattis School Road, S 88°26123" W, for a distance of 283.14 feet to the calculated
southwesterly corner of said Lot 2A, same being the southeasterly corner of Lot 1A of said Amended Plat,
for the southwesterly comer of the herein described tract, and from which a 1/2" Iron rod with plastic cap
stamped "Stearns 4990" found, being the southwesterly corner of said Lot 1A, in said existing northerly
ROW line of Gallis School Road bears S 88°26'23"W,at a distance of 198.79 feet;
3) THENCE, departing said existing northerly ROW line, with the common boundary line of said Lot 1A and
said Lot 2A, N 02°15'05"W, for a distance of 14.96 feet to an iron rod with aluminum cap stamped"ROW
4933" set 61.12 feet left of proposed Gallis School Road Baseline Station 183+28.42 in said proposed
northerly ROW line of Gallis School Road, for the northwesterly corner of the herein described tract, and
from which a calculated point of curvature of a non-tangent curve to the left,being in the common boundary
line of said Lot 1A and Lot 2A,bears N 02°15'05"W,at a distance of 31.11 feet;
Page 2 of 4
'ITIENCE,departing said Lot 1A,will)said proposed ROW line, through the interior of said Lot 2A, the following three
(3)Courses:
4) N 88°27'22" E,for a distance of 52.49 feel to an iron rod with aluminum cap stamped"ROW 4933"set 61.51
feet left of proposed Gallis School Road Baseline Station 183+80.91,for an angle point;
5) S 02°56'2.5" E,for a distance of 8.77 feel to an Iron rod with aluminum cap stamped"ROW 4933"set 52.74
feel left of proposed Galtis School Road Baseline Station 183+81.19, for an angle point;
6) N 87°26'12" E, for a distance of 245.02 feet to the POINT Oh BEGINNING, containing 0.064 acre (2,784
square feet)of land,more or less.
i
This properly description Is accompanied by a separate parcel plat.
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 to the best of my knowledge and belief and that the property described herein was determined by
a Survey made on the ground under my direct Supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
o12
M. Stephen Tnlesd le l 'Date'
Registered Professional Land Surveyor No.4933
Licensed Stale Land Surveyor
Inland Geodelics, LLC „%o),,�•l�`y,
Finn Registration No: 100591-00 r'T q••,.�'
1504 Chisholm Trail Road,Suite 103 �)c° } 't iY 1,
Round Rock,TX 78681 �
{ ),I.811011IEN TIiIP,r 1ON.I: y
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I
I
Si 6ROWNdGAMATTIS SCHOOL•REMUO TO VIA SONOMAIPARCELS\PARCEI 26-MARKET PLA7A LI-C\MARKET PI A7A LLC-PARCEL 26.doe
EXHIBIT , I,
PI,X1' '1}0 ACCOMPANY PAARCI'sL DENCRIP"NON IIEVI OG/24/19
PACE 3 OF 4
NUMBER DIRECTION DISTANCE
L1 NO2' 15'0511 14, 96'
LOT I, BLOCK A
L2 NO2. 15'05"W 31. 11' (5.335 AC. )
(L3) (NO2'34' 13"W) (46. 12' ) I "CHAPARRAL
L4 S88'26'23"W 198. 79' BOUNDARY' _� —
L5 N88-27'22"E 52. 49'
L6 S02-56'25"E 8. 77' i ; I P.0.R.
I STA. 186.20.12
I 1331,97' LT
Ills 5'1 I �
I
AUTREY RANCH
CAB. EE, SLIDE 88
00 P.R.W.C. T.
rr f I I
i i ,�1� J\1•i T i v
i
i MARKET PLAZA, LLC i ,Lola
LOT 1A r , DOC. NO. 2006050685
(2.090 AC. ) 1 0.P.R.W.C.T. t
I ' IN
i i' wI 1 M
40' floc D:IAIIIAGE 1. j 1 I j N
STOR'I SE1.01 EAST" III 1 I I HIGHLAND ESTATES IQ �^ LOT 2, BLOCK A
IIIGIIIAIID ESTATES,. 1 1 I
SLct 11A 1 I SECTION IIA LOT 2A I;T rfn^ (0.803 AC.)
CADR:ET R, AMENDED PLAT OF (1.629 AC. ) I tNl
L'Cn0 hE3? i rr LOTS 1 & 2 I 10
"A N
SllDr-S sss-s r r CAB. BB, SLIDE 353-354 i ;!'lo
P.R.W.C.T. i 1 to
1
r I 1 P.0. B.
STA. 186-26.13
srn. 10J•00.91 t R 58.91' LT
61.51' LT 0.064 AC I I ;l GRID COOROINATESI
2,784 SO. PT. SEE DETAIL N•10155001.09
TA. 183.28.42
p.I E•3153715.52
I,•sl.12' LT_ STA. 183.81.19 )11
M J I r 1 �' 52.74' LT 111.
1
(198. 77�) J"i J p 9 q { CHAPARRAL
• L4... l:"r.'lci•I" .1 -:rYI,:�%•_:1: ,SQ.-26L�JIlNIr. f� IIQI I _:1_,1: .1 t 1-fl1.h-.li,l `i - I- BOUNDARK _,1 1 I__.I
"ST GATTIS Stl10A R0-_ (S88-24-0.1 If.26j..1.1 '
f4RNS. >/. . e, RED RUO 601 — - — uv Inn: WAti1 ,II n
PG, -111 [loc.
Al
11.C. ADZ BASELINE ��
183.00 184.00 165.00 N
LOT 2A LOT 2
GATTIS SCHOOL ROAD "CffAPARRAL
lR.o.w, NIOTH VARIES) PRO 0 YED 'UBOUNOARY•
P.0. B.
26 V� 50A91106-26.13
LT
!V r✓ —GRID COORDINATES:
N•10155001,09
E•3153715.52
DETAII. "A"
N. r.S. _
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
CI 17.59'45" 15.24' 4.79' 4. 77' S07'42'30"E
0 30 60 (C2) 91'09' 19") (15.00' ) (23.86' ) (21.43' ) (S42'51' 18"1'/)
C3 71.20'42" 15.24' 18.98' 17. 77' S52'22'44"W
1" 60, — -
PARCEL PLAT SHOWING PROPERTY OF
I N LA N Du
GEODE- ICS � MARKET PLAZA, U.0
PROFESSIONAL LAND SURVEYORS _ PARCEL 26
1504 CfJISIlOL61 TRAIL RD.STE.103 -__ —___
ROUND ROCK,Tx.78681 SCALE PROJECT COUNTY
t fIRFit.A1REGISTX611NO.1FAX IS100591-00125 1 1" = 60' GATTIS SCHOOL ROAD WILLIAMSON
S:\wBROWN6GAY\GATTIS SCHOOL-REOBUD TO VIA SONOMA\PARCELS\PARCEL 26-MARKET PLAZA LLC\PARCEL 26-MARKET PLAZA LLC-REV2.dqn
EXHIBIT A.
LEGEND PLAT TO ACCOMPANY PARCEL DESCRIIyrION REV: OG/24/19
PAGE 4 OF 4
{il FENCE CORNER POST FOUND CENTER LINE
0 %2" IRON ROD FOUND UNLESS NOTED PROPERTY LINE
( ) R[CORD INFORMATION
O �/2" IRON ROD FOUND 1'I/PLAST I C CAP LINE BREAK
0 COTTON GIN SPINDLE FOUND fV DENOTES COMMON OWNERSHIP
OO I/2" IRON PIPE FOUND UNLESS NOTED P.O. B. POINT OF BEGINNING
P,O.R. POINT OF REFERENCE
X X CUT FOUND N. T. S. NOT TO SCALE
A 60/D NAIL FOUND D.R.W.C. T. DEED RECORDS
CALCULATED POINT
L1 WILLIAMSON COUNTY, TEXAS
0.R.W. C. T. OFFICIAL RECORDS
0 I/2" IRON ROD 4I/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4933" SET 0.P.R.11.C. T. OFFICIAL PUBLIC RECORDS
(UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS
P.R.W.C. T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
1) All bearings shown hereon ore based on grid beorinpp. All distances are surface distances. Coordinates ore
surface values based on the Texas State Plane Coordinote System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT C00AITMENT FOR TITLE INSURANCE GF NO.1827409-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JULY 3, 2018, ISSUE DATE JULY 13 2018.
I. RESTRICTIVE COVENANTS: CABINET 11, SLIDES 32-33 AND CABINET 8B, SLIDES 353-354, PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND DOCUMENT NO. 1999582.16, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
10B, DRAINAGE EASEMENT VARYING IN WIDTH ALONG THE WESTERLY PROPERTY LINE AS SHOWN ON THE PLAT RECORDED IN CABINET
H, SLIDES 32-33, AND CABINET BB, SLIDES 353-354, PIAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN,
C. 7.5 FOOT PUBLIC UTILITY EASEMENT ALONG THE EASTERLY LOT LINE AS SHOWN ON THE PLAT RECORDED IN CABINET H,
SLIDES 32-33, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS: AND SET OUT IN SCHEDULE A HEREOF, AFFECTS AS SHOWN.
D. 7.5 FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE AS SHOWN ON THE PLAT RECORDED IN CABINET H
SLIDES 32-33, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS: AND SET OUT IN SCHEDULE A HEREOF, DOES NOT AFFEC�
AS SHOWN.
E. 15 FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTHERLY AND THE EASTERLY LOT LINE AS SHOWN ON THE PLAT RECORDED
IN CABINET BB, SLIDES 353-354, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS: AND SET OUT IN SCHEDULE A HEREOF,
AFFECTS AS SHOWN,
F. PIPELINE EASEMENT TO MANVILLE WATER SUPPLY CORP. RECORDED IN VOLUME 581, PAGE 662, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
G. PIPELINE EASEMENT TO MANVILLE WATER SUPPLY CORP. RECORDED IN VOLUME 501, PAGE 639, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
H. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN DELL TELEPHONE COMPANY
RECORDED IN VOLUME 611, PAGE 520, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT,
I. PIPELINE EASEMENT TO MANVILLE PLATER SUPPLY CORP, RECORDED IN VOLUME 043, PAGE 541, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT,
J. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY
RECORDED IN VOLUME 848, PAGE 669, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT,
K. ELECTRIC EASEMENT TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 304, PAGE 568, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
L. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POTTER & LIGHT COMPANY RECORDED IN VOLUME 1102, PAGE 41, OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
M. ELECTRIC EASEMENT TO TEXAS UTILITIES ELECTRIC COMPANY RECORDED IN VOLUME 2621, PAGE 560, OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
N. WASTEWATER EASEMENT TO K.A.F. II DEVELOPMENT L.P. RECORDED IN DOCUMENT NO. 2004009319, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT,
P. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT: RECORDED IN DOCUMENT NO. 199958216, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
0. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT: RECORDED IN DOCUMENT NO. 2006050600, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN,
I HEREBY CERTIFY THAT THIS PLAT 15 TRUE AND CORRECT TO THE D ST. QF htYIK VIL(i GE AND BELIEF AND THAT THE PROPERTY
SHOW REIN/'))!AS D 7ERMINED DY A SURVEIY-IA ON THE C OUND DEiZVA7,:UU11R� PERVISION.
M. STEPAEA fRUtSDALE DATE !I"' ""•"""""" """ -OUAR T'EET-
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 0 I.I.Slf1'111.N1111I1;8D"` AIF ACQUISITION 0.064 2
LICENSED STATE LAND SURVEYOR ,'i'" ! i f84
INLAND GEODETICS, LLC
T i';�> ��1 % CALC/DEED AREA 1.629 70 959
FIRM REGISTRATION NO. 100591-00 ` > , r tl .`T) r
1504 CHISHOLM TRAIL ROAD, SUITE 103 �y 1� '..l s''S. �'� '+
ROUND ROCK, TEXAS 76601 �' +" ,.11 lit,' 1i REMAINDER AREA 1.565 68, 175
- PARCEL PLAT SHOWING PIZ PERT OF
IN LAND
ceoDETICS a MARKET PLAZA, LLC PAROL 26
PROFESSIONAL.LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78081 SCALEPROJECT COUNTY
I'll.(512)238-1200,FAX(512)238-1251
L I FIRM REGISTRATION NO.100591-00 p 1" = 60' GAT T I S SCHOOL ROAD W I LL I AMSON
S:\x8ROWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 26-MARKET PLAZA LLC\PARCEL 26-MARKET PLAZA LLC-REV2.dgn
EXHIBIT "A"
TCF,-1
MARKET PLAZA
(PARCEL 26)
SF 2,805 SO FT
F — i" z1•Do
PROP ! �,
DRIVEWAY
!
8 _ i
w 1 I O I�
g I n
l `
II '
Sa 4 w 19.5' m
ROP ROM
lti � IN I
_ I _
i - -- �,o, - EXIST R
EXIST _ '�---
II )
PROP OP
EXIST EDP I X
jmwGATT1S SCHOOL ROAD
1
ATTIS SCHOOL ROAD
o _
���1111O
184.00
183.00 — _
•o
—u
�N
g' MARKET PLAZA (26)
WEST DW
TEMP CONSTRUCTION
o� EASEMENT
-- -- / ROUND ROCK TEXAS
.r
ii6 1. .n BGC
'F 101 W Lows Henna Blvd.,Sura 400
Tel 5 TX 78728 mm
Tel stz87s-o4o0.wwv..egelnc
4 TBPE R i3tr40on No.F-104fi
EXHIBIT "B"
tit
T
82 —
SF: 4,134 SO FT 1
o
PROP ROW
83.5' t _ SPR -ROW
EXIST ROW
w
w
XIST ROW ��.� __- _. .t7�w 1..
oN L
EXIST EDP ._..:� EXIST EOP 7:�kb
b „
m GA�TTIS SCHOOL ROAD" - Y -
�!� _. �OL-GATTIS SCHOOL ROAp-
0
186.50
'o 185.50 186.00
�s r
sW
g' MARKET PLAZA (26)
' EAST DW
' TEMP CONSTRUCTION
EASEMENT
=' s -- TCE-2
ROUND ROCK TEXAS
u m - ltar. +a"++!!.'w..�.A-ci:1•'R%� min101WLou,s Henna 61vo,Suite 400
_ Austln,512-879-0400.
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x
(GATTIS PC STA 1/3.61,96
1
Op 0 SC1100L RD I IOSRI 1 C GATT IS EDP .,
JI7 35.00' RT I�Spg0.RD 1
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IDRI51 STA 10•%.02- 49.19' LT
/ R•16' 20.51' LT IDR,SI 1
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IDR161 NORZ 0' S' 10' 20'
1' STA 10.56.52 R•I'
15.4S' LT
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I 16.11' LT,- IDR161
11 T 15.43' LT
o I
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V I STA 10.00 001DR131 r1
, � STA 10.54.72
STA 167.41.911GSR1 • STA 10.67.13
C DWIS 10.00.401 DW161 1 C DW16 IDR,61
iSD.Ros LT 11." LT
5 13• 07' 16.56• E / I n VSTA
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v 10.5orDW #15 11.94• LT
p �
EDP 0 00 =�_—!
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15/151 = R-20, , I..
NOTE.
15.42' AT T
g I- R•I6' STA 10.52.04 11 r STA 10
(DO'S) I DR16.72.64
I4.24'
15.43' RT ~ 4.24' RT 1, COORDINATION WITH PROPERTY
I I a,1 1 OWNERS IS REWIRED
PT STA 10.69.07
F+y PT STA10;6.66 IDR,g1
low'56
s RT '1 14.34' RT
1
PC STA 162.99.11 I 1 K EDP PC SIA 163.94.97
F•�'•i ~ N 16501 11 j $ IOSRI 75.00' RT I i 1 1 41.97' LT
F
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EL •'76f.69" 1.1x•41 TO BE USED 1011 CONSTRUCTION,
BIDDING ON PERMIT PURPOSES
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EXHIBIT "C"
Parcel 26
TEMPORARY CONSTRUCTION EASEMENT
Gattis School Road Segment 6 Improvements
KNOW ALL PERSONS BY THESE PRESENTS:
That MARKET PLAZA, LLC, a Texas limited liability company (hereafter referred to as
"Grantor"), whether one or more, 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 its agents,
contractors, successors and assigns (referred to as "Grantee"), a temporary, non-exclusive
construction easement (the "Easement") for the purpose of (1) constructing proposed Gattis
School Road roadway, retaining wall and related facilities within the adjacent right of way
owned or acquired by Grantee, and (2) constructing and/or reconstructing Grantor's existing
driveway entrance and curbing from the proposed Gattis School Road improvements ("Project")
to the remaining property of Grantor, and any associated grading and drainage therewith, in,
along, upon and across the property described in Exhibits "A-B" ("the Property") as necessary to
carry out the purposes of this Easement. The removal and/or construction of any improvements,
driveway, curbs, parking lot, or other related facilities on the Property 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 parties agree further as follows:
Following completion of work within the temporary construction easement Property area
described in Exhibits "A-B", Grantee shall at its expense and within ninety (90) days of
completion of the work restore any Property injured or damaged by Grantee's use of the Property
and activities thereon, including specifically landscaping, irrigation, parking, pavement, 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, accounting for the design elements as
shown in the attached roadway plans.
This Easement shall be in full force and effect at all times during the accomplishment and
completion of the construction activities described above, provided, however, the temporary
construction easement for area "TCE-1" on Exhibit "A" shall terminate and the easement rights
and all Grantee's interest in the improvements constructed within the easement area, if any, shall
revert to and become the responsibility of the Grantor, Grantor's successors, and assigns on the
earliest of(a) the expiration of thirty (30) days after the beginning of the work upon that portion
of the Property; (b)on the date of completion of construction of the Project; or(c)three (3)years
from the full execution of this Temporary Construction Easement.
Further, the Easement for area"TCE-2" on Exhibit "B" shall terminate and the easement
rights and all of Grantee's interest in the improvements constructed within the easement area, if
any, shall revert to and become the responsibility of the Grantor, Grantor's successors, and
assigns on the earliest of(a) the expiration of thirty (30) days after the beginning of the work
upon that portion of the Property; (b)on the date of completion of construction of the Project; or
(c)three (3)years from the full execution of this Temporary Construction Easement
Grantee shall (1) provide prior written notice to Grantor's authorized representative as
designated in writing at least seven (7) business days prior to the beginning of work in the
Property associated with this Easement, and shall confirm receipt of said notice; and (2) obtain,
maintain, and provide to Grantor certificates of insurance evidencing general liability insurance
in the minimum amounts required of contractors under the General Conditions of the City of
Round Rock Construction Contract, naming Grantee as an additional insured. Grantor may
change its authorized representative on prior written notice to Grantee.
To the extent allowed by law, Grantee shall indemnify Grantor and its agents, tenants,
employees, customers, visitors, contractors, licensees, and invitees from any claims, demands,
losses, actions, liabilities, obligations, damages, costs or expenses, including, without limitation,
reasonable attorney's fees arising out of 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, and work on the Property.
At no time during the grant of this Easement shall Grantor be denied reasonable alternate
driveway ingress and egress to its remaining property for the purposes to which the parent tract is
currently being put, unless there is an agreement to do so between Grantor and Grantee in
advance. Grantor may use the Property for any purpose not inconsistent with the rights hereby
granted provided such use does not materially interfere with Grantee's exercise of any of its
rights hereunder.
At no time during the grant of this Easement shall Grantee, its agents or contractors be
allowed to store machinery or materials within the easement area unattended or during periods
where no active construction work is being performed in the right of way adjacent to the
easement area.
This conveyance is subject to all easements and rights of way of record, visible or
apparent on the ground, all restrictions, reservations, covenants, conditions, oil, gas, or other
mineral leases, mineral severances and other instruments that affect the Property.
IN WITNESS WHEREOF,the parties hereto have executed this instrument on this
day of , 2024.
2
GRANTOR:
MARKET PLAZA, LLC,
a Texas limited partnership
By:
Name:
Title:
Acknowledgment
State of Texas §
County of §
This instrument was acknowledged before me on , 2024 by_
in the capacity and for the purposes and consideration recited
herein.
Notary Public, State of Texas
3
AGREED:
CITY OF ROUND ROCK, TEXAS
By:
Laurie Hadley, City Manager
AcknoNvIedy_mcnt
State of Texas §
County of Williamson §
This instrument was acknowledged before me on 2024 by
City Manager Laurie Hadley, in the capacity and for the purposes and consideration recited
herein.
Notary Public, State of Texas
4
EXHIBIT "A"
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