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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. NNCA+G/Z'���ii� ' ���p,FtY PUS,` • �. *C0 y ' �adTF 0 F �'' ,n •�,r30582.3 . � �� L,_ ry �g• •ry[�n '. '�j%llCC11111111111��\ Notary Public, State of Texas 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 reP.ecaa.tl..i7-na�rwnxn��yue-uu_uotrxa a uuu�ua an_urwi _ STA 10.00.00 0 o EL 765.21' ...... ... ww .......... X 1 G in wp STA c 10.35.27 STA 10.38.85 . x= \EL. 784. 36' .EL.... 764.'47..... .... \ Si • 10.44.S8 EXIST ROTI _ o EL ,704. 56': G x \: PROP ROW i n 0 0 ..... , .,.. ...m.. ........ YPL 10.34.66 EL. • TE9. 12' y y} 5 VPT 30.94.66 EL.- 789.62, �;. STA 10.96.02 ,. EL 789.85' STA 183.4T.9T 105R1 - 5TA IO.40..0010W161 0 .... ....._EL 785,35' j I . .... n " 9 m 1 N g = o a = f z N 0 STA IO.44.. 0I -:EL - 784.25' EXIST R0W �J c STA 10.49.08 M EL 784.33' .. . an ... _. 9 / G x STA 10.56.69 EL 764..21' / 1 1 STA • 10.93.50 EL 181.38' m IN Iw I� I� Im Im Im I� 4 1 00 9 m O O m N E m 3 O O C E EXHIBIT "C" (PAGE 2 OF 2) 2025004070 Page 8 of 9 OATEx6/2/2020 3s 08s 03 PLi uSERr.CaYi is Srlloal PENTaRLEx iPENTNi4W 'STA t85.86.98 WSR1 _. .... _... ___. gel o � .STA tp•00. 0010wln 90 EL 788. 92' o GATTIS SCHOOL RD y R x o aln IY mm "-' g -•. c m r! an io mm� • I� � m � - STh.... 10.42. 38... EL : 767. 55' / V 51 CEYIAL4 _ STA 10.41.38 EXIST ROW EXIST _ T RN .. ...... _ EL 78777' ..n - — . PROP R OW c _ _ m - .._._.. .... o / x . o a 510EWALR PROP ROW ROw 51A 10.75.00 r EL . 754.65' a u e .6L'6Z • 'a m V - STA 587.84.94i05R1 00-021 STA 10.00. Op 10W181 EL T91. B8' CS.taI ,. R—_____.—,.� --- ^ ... _.... -._.. GATT IS SCHOOL I-� a I �w RD H �r v I • dP o '^ 1I N I • $ O. STA 10.37.26 r • • p - :.-. ................. -. STA !e. 10-40.69.'_.- _... EL 790.93' EL :- 791. 0V � • 5€CEWAEI(. EXIST ROW EXIST ROmop � I ROW K STA 10-56.01 .EL. 791.28' PROP _ PROP ROW I wC� d+. 5+ m - � I - f • a to r m r m - W o I� rN IW Im - Z O v m a $ as 2a m cxr. w r - a' �:"� :m a 6xQ.. � ° D o M m 0 O s o p m m W o m y N X m o m 0 N' J70 Z ° m C s� � O 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. i Nancy E. Rister, County Clerk Williamson County,Texas