CM-2015-895 - 9/11/20159 PGS 2015085077
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SWWC UTILITIES, INC.
d/b/a WINDERMERE UTILITY COMPANY
WASTEWATERLINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLLAMSON
That the CITY OF ROUND ROCK, TEXAS, Texas, a Texas home -rule municipality, whose
current address is 221 East Main Street, Round Rock, Texas 78664, and its successors and assigns,
(hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO/100
DOLLARS ($10.00) and other good and valuable consideration paid by the SWWC UTILITIES, INC.,
d/b/a WINDERMERE UTILITY COMPANY (hereinafter referred to as "Grantee"), the receipt and
sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a
easement and right-of-way to construct, install, operate, maintain, inspect, repair, and remove a
wastewater collection system, including gravity lines, lift stations and force mains, together with all
necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements
and appurtenances thereto (the Improvements), in, upon, over, under, above and across the following
described property of Grantor, to -wit:
Being five (5') feet on each side of the wastewater line or other Improvements
constructed by Grantee and within Grantor's right-of-way, which either exists now or in
the future within the Somerville Subdivision, a preliminary plat for which is shown on
Exhibit "A", attached hereto (the "Easement Property").
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent, and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williamson and/or Travis
County, Texas.
Said easement, rights and privileges shall cease and revert to Grantor in the event the said
Improvements are abandoned, or shall cease to be used, for a period of five (5) consecutive years.
This easement shall be non-exclusive; however, Grantor covenants that it will not convey any
other easement or conflicting rights within the area covered by this grant.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the easement over and across Grantor's existing
right-of-way;
(b) the right to mark the location of the easement by suitable markers, provided that such
markers shall be placed in locations which will not interfere with any reasonable use
Grantor shall make of the easement;
Grantee hereby covenants and agrees:
(a) Grantee shall promptly backfill any trench made by it on the easement and repair any
damage it shall do to Grantor's roads or lanes;
332303 CC
(b) Grantee shall indemnify and save harmless Grantor and its officers, agents, and
employees (i) from and against all damages, costs, losses or expenses for the
repair, replacement, or restoration of Grantor's property, equipment, materials,
structures, and facilities which are damaged, destroyed, or found to be defective
as a result of Grantee's acts or omissions, and (ii) from all suits, actions, losses,
damages, claims, or liability of any character, type, or description, including
without limiting the Grantor of the foregoing all expenses of litigation, court
costs, and attorney's fees for injury or death to any person, or injury to any
property, received or sustained by any person or persons or property, arising out
of, or occasioned by, the negligent acts of Grantee or its agents or employees, in
the execution or performance of this easement. Grantee further agrees to defend,
at its own expense, and on behalf of Grantor, any claim or litigation brought in
connection with any such injury, death or damage. Grantee shall have the right to
control the defense and settlement of any such claim. This indemnity provision
shall not apply to any liability resulting from the negligence, intentional acts or
omissions or willful misconduct of Grantor, its officers, employees, agents,
contractors, or subcontractors.
(c) Grantee shall install the Improvements and permit review in accordance with the
provisions of applicable City regulations and those regulations found in Chapter 44,
Article IX, Public Rights of Way Management of the City Code. Design plans, including
line relocations, shall be submitted to the City for approval prior to construction.
(d) Manhole lids are required to be traffic -regulated, but shall not include a City logo.
(e) Force mains shall be no shallower than 18" below the pavement subgrade.
(f) "Wastewater" in this document shall refer to all gravity mains, manholes, services,
cleanouts, lift stations, force mains, all associated bedding and infrastructure, currently
owned, operated, and maintained by Grantee and any successors.
(g) Permit review and construction of wastewater shall meet all City standards. Engineer -
approved submittals are required prior to the pre -construction meeting. Any coordination
with the Grantee or County Engineer/Inspector is the responsibility of the design
engineer.
(h) Any non -emergency maintenance on any Improvement shall require contacting and
obtaining proper approval from City personnel, including but not limited to the Waterline
Maintenance Supervisor, the (Streets) Operations & Maintenance Manager, the Storm
Water Engineer, and the Utilities Director. Inspection by these personnel or their
designee shall be required. If, in the opinion of the City staff present at time of
construction, maintenance, or repair, any portion of the wastewater work does not meet
minimum City standards, the Grantor shall have the full right to remove the defective
work, replace to City standard, and submit the bill for payment of the work (including
materials, labor, and equipment) to Grantee. The Grantor shall have the ability to repair
the wastewater if health, safety, or welfare of City residents is threatened and Grantee is
unresponsive to repair requests, or if Grantee is not responsive in a timely manner. In
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these situations, the Grantor shall repair and replace damaged infrastructure and submit
the bill for payment of the work (including materials, labor, and equipment) to Grantee.
(i) Should any portion of the construction, maintenance, or repair of an Improvement incur
damage to City owned and maintained infrastructure including but not limited to
waterlines, stormlines, pavement, sidewalk, or curb and gutter, the Grantor shall repair
and replace damaged infrastructure and submit the bill for payment of the work
(including materials, labor, and equipment) to Grantee. In no case shall Grantee repair
damaged City owned and maintained infrastructure themselves without Grantor's
consent.
(j) The Grantor shall have the ability, in an emergency situation, to repair the Improvement
if health, safety, or welfare of City residents is threatened and Grantee is unresponsive to
repair requests, or if Grantee is not responsive in a timely manner. In these situations, the
City shall repair and replace damaged infrastructure and submit the bill for payment of
the work (including materials, labor, and equipment) to Grantee.
(k) All Improvement pipe locations crossing a City utility shall have a steel encasement ten
(10') feet in length on the City utility centered on the crossing, two sizes greater than
nominal pipe size, regardless of vertical separation. In addition, all Improvement
crossings shall be no closer to the encasement pipe than 18".
(1) All pavement repairs (when allowed) shall meet City's specifications, as approved by the
Operations & Maintenance Manager and the Transportation Director. The City shall be
contacted prior to any pavement repair. City personnel shall be present for inspection at
time of pavement repair and shall submit the bill for payment for the hourly rate of any
City personnel on-site during any part of the repair to Grantee. For overnight work,
Grantee shall coordinate with City and shall install, at Grantee's expense, a temporary
overnight condition meeting the highest factors of safety per Manual on Uniform Traffic
Control Devices standards and City Code of Ordinances. Grantee shall be responsible for
notifying affected residents. The City shall have the ability, in an emergency situation, to
repair any pavement, sidewalk, curb and gutter, etc. if health, safety or welfare of City
residents is threatened and Grantee is unresponsive to repair requests, or if Grantee is not
responsive in a timely manner. If, in the opinion of the City staff present at the time of
construction, maintenance, or repair, any portion of the pavement work does not meet
minimum City standards, the City shall have the full right to remove the defective work
and replace to City standard. In either situation, the City shall repair and replace damaged
infrastructure and submit the bill for payment of the work (including materials, labor, and
equipment) to Grantee.
(m) A copy of the two-year Warranty Bond to Grantee is required prior to issuance of the
acceptance letter or any certificate of occupancy. The Grantor will issue an
"acknowledgement of completion" for the Improvements within the acceptance letter.
Grantor also retains, reserves, and shall continue to enjoy the easement for any and all purposes
which do not interfere with and prevent the use by Grantee of the easement, including but not limited to
the right to improve and use the surface of the easement for public streets and other like uses; provided
Grantor shall not erect or construct on the easement any structure that substantially interferes with
Grantee's use of the easement pursuant to this instrument, however, if Grantor's development and use of
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the easement should require relocation or modification of Grantee's wastewater collection system and
wastewater lines, together with any and all installed lines, pipes, conduits, valves, vaults, manholes,
ventilators, and other equipment, improvements, and appurtenances thereto, Grantee shall be responsible
for any and all costs, expenses, fees, claims, losses, and damages arising from such relocation or
modification. Nothing herein shall be construed as a waiver of immunity by or on behalf of Grantor or
Grantee.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
The Grantor hereby dedicates the easement as a public utility wastewater line easement for the
purposes and pursuant to the terms and conditions stated herein.
This agreement will be construed under the laws of the state of Texas. Venue is in Williamson
County.
This agreement and any exhibits constitute the entire agreement of the parties concerning the
grant of the easement by Grantor to Grantee. There are no representations, agreements, warranties, or
promises that are not expressly set forth in this agreement and any exhibits.
Any notice required or permitted by this agreement shall be in writing and shall be delivered as
follows with notice deemed given as indicated: (i) by overnight courier upon written verification of
receipt; or (ii) by certified or registered mail, return receipt requested, to the following:
To Grantor:
City of Round Rock
City Manager's Office
221 East Main Street
Round Rock, Texas 78664
Tel.
Attn:
To Grantee:
SWWC Utilities, Inc. d/b/a
Windermere Utility Company
Tel.
Attn:
No change or modification shall be made effective unless in writing and signed by an authorized
representative of each party.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal
representatives, to warrant and forever defend, all and singular, the above-described easement and rights
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and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming, or to claim same, or any part thereof.
('{� IN WI REOF, Grantor and Grantee have caused this instrument to be executed this
day of 2015.
City of and Rock, Texas
B
Laurie Hadley, City Manager
GRANTEE:
SWWC Utilities, Inc., d/b/a Windermere Utility
Company
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Tis instrument was acknowledged before me on this the � day of the month of
2015, by Laurie Hadley, City Manager of the City of Round Rock, Texas, known by
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
Notary Pub , State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF %oA �LA&
--T7 This instrument was acknowle before me on this the c9 qday of the month of
JJ ll` 2015, by ('�.g� ✓rc2 P(esiA& l of the SWWC Utilities, Inc. known by me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
.... SILVIA MARLENI ALVAREZ
Notary Public, State of Texas
My Commission Expires
November 20, 2016
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
AAaL-,
No Public, State of Texas
Si�V10. �kOAQ.r\t 1�1JareL
Printed name of Notary
Notary Expires: NOyevY6k( �o
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2015085077
7 E O � � ' 'ii►�
t•s Nancy E. Rister, County Clerk
Williamson County, Texas
September 28, 2015 11:31 AM
FEE: $65.00 TKIRK