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CM-09-04-069INGRESS AND EGRESS ACCESS EASEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation, and its successors and assigns, hereinafter referred to as Grantor ("Grantor"), for and in consideration of the payment of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the Protestant Episcopal Church Council of the Diocese of Texas ("Grantee") the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of the right of ingress and egress over and across the following described property of Grantor, to -wit: An access easement to grant right of free and uninterrupted ingress and egress for persons, vehicles, and equipment necessary or convenient for use in Grantee's exercise of his/her/its rights in the below -described property, specifically granting the right for all persons and/or members of the general public to come on and be present within the boundaries of the below -described property: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in anywise pertaining, describing a strip of land containing 488 sq. ft of land, more or less (the "Easement), and said tract being more particularly described by metes and bounds as indicated; and See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in anywise pertaining, showing such Easement. 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 County, Texas. Except as otherwise noted, the Easement, rights and privileges herein granted shall be perpetual; provided, however, that said Easement, rights and privileges shall cease and revert to Grantor in the event the right of ingress and egress is abandoned, or shall cease to be used, for a period of five (5)consecutive years. The Easement, rights and privileges granted herein are not exclusive, and Grantor may convey other easements or conflicting rights within the area covered by this grant without the consent of Grantee. Grantor, however, shall take reasonable safeguards to protect the integrity of Grantee's rights of ingress and egress. This Easement may be used in common by Grantor, its guests, agents, servants, employees, invitees, successors, and assigns. 00159489.DOC CM -01- 01-00 The right of ingress and egress contemplated herein shall be by means of an existing roadway located on the property. Grantee hereby covenants and agrees: (a) Grantee shall not fence or barricade the Easement in any manner without the prior express written consent of Grantor; and (b) Grantee shall indemnify Grantor against any loss and/or 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 employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement. Grantor shall have the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining the property and facilities. Grantor hereby dedicates the Easement as an access easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and his/her/its successors and assigns forever, and Grantor does hereby bind itself, and its successors, assigns and legal representatives, to warrant and forever defend, all and singular, the above- described Easement and rights and interests unto Grantee, his/her/its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. &•13. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of the month of April, 2009. 2 GRANTOR: CITY OF ROUND ROCK, TEXAS By: ames R. Nuse, ty Manager Date Signed: April Z.. , 2009 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the at day of the month of April, 2009, by James R. Nuse, City Manager of the CITY OF ROUND ROCK, TEXAS, in his official capacity and as the official act and deed thereof, for the purposes and consideration therein expressed. SARA L. WHITE MY COMMISSION EXPIRES July11,2012 After recording, please return to: Stephan L. Sheets Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 3 (?j Y�V ✓vr' Notary Public, State of Texas SURVEY FOR 988 SQ. FT. ACCESS EASEMENT THE PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS CITY OF ROUND ROCK PART OF LOT 9, HERITAGE CENTER SITUATED IN THE CITY OF ROUND ROCK PLAT BOOK F, SLIDE 299 PLAT RECORDS IN WILLIAMSON COUNTY, TEXAS SURVEYORS DB TION ACC3388 EASEMSNT DEING488moire bet aaa;pert ofLot 9ofHecker Caster,.cobdlvi kawith iemasted in the City ofRoetd Rook in Wulf--. Coady, Tease, aooadhW to the plstwhichfa Medio CabbetI, Slide 294 of the PIM Records Cocoa,of Williamson u���March 2009, Mika ..FomM,h,Re Teter 7.S aeWlSo. 1847. Roney note: The bodes beds krdd. eavoyIsheSbbPleaoahabSyem, Ga1dNcEth,TeaCmhal2oat BEGINNING at a %loch hatpin which was hoed et the upper Southeast coma amid Lot 9, atabead hide Wat eemb ay 10. Tldacomer eaInthe West bormdayof/he4.00wepeapatywhich iedaamedina The Masan Spine* Church Come 1 &the D4nceeo of Tar of record b VOL 674, Pg. 230, Deed Records, and atthe Nordics ono ata 0.03 acre t angbOtpaopaly which wee maveyedto add Church a detailed in Vol. 963, Pg, 646, Deed Reoat THENCE emirs anexiting paved driveway, following the North bourday ofthe 0.03 acre Sege which wee conveyed to the Church (965✓646), sod ib&nwbgdie ammo boaodde ybetween said Lab 9.od 1% 8 3214'42" W 9338 kat to a 14 inch iron pin which was frond at was area of the add 0.03 acre pard. THENCE wilt de Iowa North line ofLot 10 sod theupper Souk line of Lot 9, OoSowiog the Nora b.1,47 of d 11.73 aopad whiahwaconveyed totheeddCLmah(674227),(L4)S7312719"W997*et batwppd1/2 THENCE � the Northwat magia of 1 sating 1/2 iahaofe pried 0orwq mid Loa 9sting�q,whiahaosasathecommon bousdaybetween 33"4432"S 82.18 Seat (1.3)N 421715011 24631he� sad (I6) N THENCE with the common bouadty between Lob 9 cod 10, sod de Wad barmday atom said 4.00 we Church haat, (L7) S 0039133"R 2.45 fsot to the POINT OF BEGINNINO. THE INDflaISNR DOES I619y CERTIFY THAT THIS SURVEY WAS MADE ON TEE (SOUND OF THE PROPERTY LEGALLY DESCRIBED I®EON, UNDER MY SUPERVISION. TNR PLAT IS TRUE AND CORRECT TO THE SRT Cr MY IINOWLEDGE AND BBS. SURVEY DATE 3-12-2009 WIWAM F. FoREst JR. R.P.LS. 1847 SDSK/Pop/PE CHURCH EASSIENT.DWG FOREST SURVEYING AND MAPPING COMPANY, 1002 SOUTH ASH STREET, GEORGETOWN, TEXAS PAGE I OF 2 SURVEY FOR 488 SQ. FT. ACCESS EASEMENT THE PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE 01' TEXAS CITY OF ROUND ROCK PART OF LOT 9, HERITAGE CENTER SITUATED IN THE CITY OF ROUND ROCK PLAT BOOK F, SLIDE 294 PLAT RECORDS IN WILLIAMSON COUNTY, TEXAS cr ;v OF ROM) ROC I,at:, 9 EP TACE GENIE? N CAB.. F. , Si...294 PRWCT �4 ' "•''X fiP9. i wr Q SCALE: 1'=20' 1; uto vz v2' M .££6£.66 N 0 tI Ty°� Wt1` C T 10 HERITAGE CENTER AEt. F.. , SL. 294 ?RWCT 5.80 ACRES UNE TABLE LINE BEARING LENGTH U S00°2423'E 30.09 L2 N43•45'40'W 5.79 1.3 80899'27'W 26.18 L4 S73°27'19'W 9.97 1.5 N421'27'S0E 24.63 L6 N53°4432E 82.18 1.7 S00'3913E 2.45 Lt,, 0 l 99 91 1f Y 0 Eli! 'Tie PROTESTANT F:WS/PAL CHURCH CCxU?Ca. n a.. OF THE G°OSESE Or TEXAS 674:1227 1.7S AC, ' L E GE'NI) Ik(i I PIN FO(JN? Ilt;,)!v L.:If•� cSE—( l;) RECOR? CAI l_S (BE H.10 / I ,1 lAUCF) DEED CALJ S 1BET..ARIINC / DISTAI4CE# DATA THIS SURVEY BEARING/ DISTANCE TRACT LJNES BOUNDARY LINES ALL DOCUMENT REFERENCES ARE IN WILLIAMSON COUNTY PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS PRWCT 488 SQ FT ACCESS EASEMENT j' THE UNDERSIGNED DOES HERBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON, UNDER MY SUPERVISION. THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. SURVEY DATE 3-12-2009. WILLIAM F. FOREST, JR. R.P/.QS. 1847 SDSK/PEP/PE CHURCH EASEMENT.DWG FOREST SURVEYING AND MAPPING COMPANY, 1002 SOUTH ASH STREET, GEORGETOWN, TEXAS PAGE 2 OF 2