CM-2025-009 - 1/10/2025ELECTRONICALLY RECORDED 2025004070
STATE OF TEXAS ) Williamson County, Texas Total Pages: 9
COUNTY OF WILLIAMSON )
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-l" 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
2025004070 Page 2 of 9
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 clairns, dernands,
losses, actions, liabilities, obligations, darnages, 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 ornission 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 WETNESS WHEREOF, the parties hereto have executed this instrument on this
1 day of £;1 t 'fir -£` 202 r
1
2
2025004070 Page 3 of 9
GRANTOR:
MARKET PLAZA, LU',
a Texas limited liability company
J -
Name:
Acknowledgment
State of Texas
County of ✓I S
This insU�nnent vas acicnawlcciKed bcfot'c me on �� G�p-r %�Pr /7,2024 by
jQ9yg1 &1d AerGad i , in the capacity and for the purposes and consideration recited
herein.
7Covember30,2097
VENR.HAKE notary Public, State orTexas
#11809600
TIMMIOn Expires
m
2025004070 Page 4 of 9
AGREED:
CITY OF ROUND ROCK, TEXAS
/ t
Brooks Bennett, City Manager
Acknowledgment
State of Texas §
County of Williamson §
This instrument was acknowledged before me on ._,gyp,")- 1Z/ 2024E by
City Manager Brooks Bennett, in the capacity and for the purposes and consideration
recited herein.
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4
EXHIBIT "A" 2025004070 Page 5 of 9
PROPERTY LOCATIONIID:
WCAD Parcel No.: R47507?
3810 Gattis School Road, Round Rock, Texas 78664, Williamson County
2025004070 Page 6 of 9
EXHIBIT "B"
PROPERTY LOCATIONIID:
WCAD Parcel No.: R475072
810 Gattis School Road, Round Rock, Texas 78664, Williamson County
EXHIBIT "C°' (PAGE 1 OF 2) 2025004070 Page 7 of 9
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2025004070 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025004070
Pages:9 Fee: $61.00
01 /17/2025 11:31 AM
KWEEMS
yt wrr`f j.
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Nancy E. Rister, County Clerk
Williamson County,Texas