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CM-11-09-199IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ESMT 10 PGS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON § 2011065361 KNOW ALL MEN BY THESE PRESENTS: THAT SUSAN HICKOX HARRIS, JOHN BOLT HARRIS and THE HICKOX FAMILY LIVING TRUST ("Grantor"), for and in consideration of the sum of TEN DOLLARS ($10.00) cash to Grantor, in hand paid, the receipt and sufficiency of which are hereby acknowledged and confessed, and for which no lien or encumbrance, expressed or implied, is retained, has this day GRANTED and CONVEYED and, by these presents, does GRANT and CONVEY unto THE CITY OF ROUND ROCK, a Texas home -rule municipal corporation ("Grantee") situated in Williamson County, Texas, a temporary construction easement (the "Easement"), on, over, under, upon and across the following land, being a portion of being a portion of that certain 107.17 acre tract described in a Special Warranty Deed from Federal Deposit Insurance Corporation to John Bolt Harris, et al. of record in Volume 2372, Page 112 of the Official Records of Williamson County, Texas (the "Parent Tract"), to -wit: Those certain tracts of land, lying and being situated in the County of Williamson, State of Texas, described as 0.565 acre parcel of land (24,614 square feet) being Parcel 6A and a 0.125 acre parcel of land (5,448 square feet) being Parcel 6B all being located in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas; being a portion of that certain 107.17 acre tract described in a Special Warranty Deed from Federal Deposit Insurance Corporation to John Bolt Harris, et al. of record in Volume 2372, Page 112 of the Official Records of Williamson County, Texas; said 107.17 acre tract also described in a Special Warranty Deed as recorded in Document No. 2006053683 of the Official Public Records of Williamson County, Texas; from George Keyes Hickox Sr. and Virginia L. Hickox to the Hickox Family Living Trust dated October 22, 1997; said 0.565 acre being Parcel 6A and 0.125 acre being Parcel 6B, being more particularly described by metes and bounds in attached EXHIBIT "A", attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description of said property (the "Easement Tract"). TO HAVE AND TO HOLD the same to Grantee, its successors and assigns, together with the right and privilege to enter said Easement Tract for the purpose of staging the construction of drainage and railroad improvements within adjacent lands, easements and/or right-of-way dedicated for such purpose, all upon the condition that Grantee will, after doing any work in connection with the construction of said project, repair and restore the Easement Tract to a like or better condition than existed prior to said construction activities including the installation of permanent erosion controls to all disturbed areas. AT ALL TIMES while Grantee is having work performed within the Easement Tract, Grantee and Grantee Parties (as defined herein) shall maintain the following insurance: (i) workers' compensation insurance required under state law; and (ii) a policy of insurance written by one or more responsible insurance carrier(s) which will include Grantor as an additional insured, insuring against liability for injury to persons and/or property and death of any person or persons occurring in, on or about the Parent Tract arising from the conduct of Grantee or any contractors, employees, consultants, subcontractors, or other parties entering upon the Easement Tract pursuant to this Easement (the "Grantee Parties"), with a liability limit of not less than $1,000,000 for the death or injury of any one person and not less than $1,000,000 for any one accident and $500,000 for property damage. Grantee shall furnish Grantor with certificates of insurance demonstrating compliance with the terms of this paragraph and providing that such insurance shall not be canceled except after thirty (30) days written notice to Grantor. Such certificates must be provided to Grantor prior to the entry and/or start of construction activity on the Easement Tract by Grantee and/or the Grantee Parties. GRANTOR shall not be liable to Grantee or Grantee Parties for any injury to person or damage to property on or about the Parent Tract caused by Grantee or Grantee Parties entering upon the Parent Tract, or caused by the Parent Tract becoming out of repair or in a dangerous condition for any reason, unless such injury arises from Grantor's gross negligence or willful misconduct; and Grantee expressly agrees to indemnify Grantor and to defend and hold harmless Grantor from any loss, expense or claim arising out of any such damage or injury. Further, Grantee expressly agrees to indemnify , defend and hold harmless Grantor from and against all claims, causes of action, damages, costs and expenses (including reasonable attorney's fees and costs), caused by the Grantee and/or the Grantee Parties and/or arising from any work or conduct engaged in by the Grantee and/or the Grantee Parties pursuant to this Easement. IN PERFORMING any activities on the Easement Tract, Grantee shall comply with all applicable laws and regulations. In no event shall Grantee or any other entity related to Grantee use the Easement Tract for any purpose other than as defined above and in no event shall any hazardous waste or other such products from Grantee's construction activities be placed or stored upon the Easement Tract. IN NO EVENT shall Grantee permit or suffer any lien to be put upon or arise or accrue against any part of the Parent Tract in favor of any parties furnishing labor or material to Grantee. Grantee shall cause any and all such liens, or rights or claims thereof to be immediately released. GRANTEE agrees that it is expressly and solely responsible for obtaining all federal, state and local permits required with respect to Grantee's activities upon the Easement Tract, including without limitation, federal permits under the National Pollutant Discharge Elimination System general permit for storm water discharges from construction activities and any permit required under any similar state or local program such as those required under Chapter 422 of the Texas Local Government Code. Grantee and/or Grantee Parties will provide a copy of the Notice of Intention filing prior to any construction activity starting on the Easement Tract and a copy of the Notice of Termination filing upon completion of construction activities. THIS EASEMENT shall automatically expire eighteen (18) months from the date of the notarized signature of the Grantor. GRANTOR does hereby bind itself, its heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described Easement and rights unto the said Grantee, its successors and assigns, against every persons whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject to all easements, covenants, restrictions, reservations, conditions or other encumbrances of record affecting the Easement Tract, to the extent, but only to the extent, the same are still in force and effect, and to all conditions apparent on the Easement Tract. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed effective as of the 0. 2 day of , 2011. AGREED AND ACCEPTED: CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipality Steve Norwood, City Manager GRANTOR: n Bolt Harris Susan Hickox Harris The Hickox Family Living Trust By: George s ey Hickox, S ., Trust THE STATE OF TEXAS § Tr�.vis § COUNTY OF § This instrument was acknowledged before me on �p�. 2011, by John Bolt Harris, known by me to be the person whose nam 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 p . oses and consideration erein expressed. EMILY K. STROBEL Notary Public, State of Texas My Commission Expires February 25, 2014 (seal) THE STATE OF TEXAS COUNTY OF I r.J I s otary tur 9L This instrument was acknowledged before me on ga, 2011, by Susan Hickox Harris, known by me to be the person whose n 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.. (seal) ���r► EMILY K. STROBEL Notary Public, State of Texas My Commission Expires �i►:y February 25, 2014 THE STATE OF TEXAS • COUNTY OF AVIS aw� This instrument was acknowledged before me on — %, �/`� , 2011, by George Keyes Hickox, Sr., Trustee of The Hickox Family Liv g Trust, 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. (seal) EMILY K. STROBEL Notary Public, State of Texas My Commission Expires February 25, 2014 THE STATE OF TEXAS § COUNTY OF WiWgt isc4 § This instrument was acknowledged before me on 3EijT M,SEI 2 D , 2011, by Steve Norwood, City Manager of the City of Round Rock, Texas, a Texas home -rule municipality, 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. (seal) .$:'� W,,, MEAGAN M. PINKS '14: Notary Public, State of Texas My Commission Expires • '''fbi�t; September 09, 2014 CLe Notary Public(Sjignature PARCEL 6A & 6B FN4756R1 May 15, 2008 SAM, Inc. Job No. 28101 "A" John Bolt Harris, et al to The City of Round Rock Proposed 30' Temporary Construction Easement FIELD NOTE DESCRIPTION DESCRIPTION OF A 0.565 ACRE PARCEL OF LAND (24,614 SQUARE FEET) BEING PARCEL 6A AND A 0.125 ACRE PARCEL OF LAND (5,448 SQUARE FEET) BEING PARCEL 6B ALL BEING LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT CERTAIN 107.17 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED FROM FEDERAL DEPOSIT INSURANCE CORPORATION TO JOHN BOLT HARRIS, ET AL. OF RECORD IN VOLUME 2372, PAGE 112 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 107.17 ACRE TRACT ALSO DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED AS DOCUMENT# 2006053683 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FROM GEORGE KEYES HICKOX SR. AND VIRGINIA L. HICKOX TO THE HICKOX FAMILY LIVING TRUST DATED OCTOBER 22, 1997; SAID 0.565 ACRE BEING PARCEL 6A AND 0.125 ACRE BEING PARCEL 6B, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PARCEL 6A BEGINNING at a calculated point in the southerly right-of-way line of the Union Pacific Railroad, for the most northerly comer of this parcel, said point also being the most northerly corner of said John Boit Harris, et al tract, said comer also being the most westerly north comer of that certain 157.385 acre tract as described in a General Warranty Deed from Bison Building Materials, Ltd. to Bison Tract 79, Ltd. of record in Document No. 2007049657 of the Official Public Records of Williamson County, Texas, from which a lh" iron rod with plastic cap stamped "SAMINC" set on the said southerly right-of-way line of the Union Pacific Railroad bears N63°36'48"E, a distance of 23.38 feet; THENCE with the easterly line of this parcel, same being the easterly line of said John Bolt Harris, et al tract, and the westerly line of said Bison Tract 79, Ltd. tract, S02°21'46"E passing at a distance of 0.67 feet a found 14" iron rod for a total distance of 32.85 feet to a calculated point for the southeasterly comer of this parcel; THENCE departing said westerly line of the Bison Tract 79, Ltd. tract, along the southerly side of this parcel crossing through the interior of said John Bolt Harris, et al tract, S63°36'48"W, a distance of 813.80 feet to a calculated point on the northeast line of a 6.000 acre tract as described in Special Warranty Deed from Federal Deposit Insurance Corporation to Missouri Pacific Railroad Company of record in volume 2135, page 594 of the Official Records of Williamson County, Texas, said northeast line of the 6.000 acre tract being in common with a southwesterly line of said John Bolt Harris, et al tract and the southwest comer of this parcel; Page1 of 5 PARCEL 6A & 6B FN4756R1 May 15, 2008 SAM, Inc. Job No. 28101 John Bolt Harris, et al to The City of Round Rock Proposed 30' Temporary Construction Easement THENCE with said northeast line of the 6.000 acre tract, being the southwesterly line of this parcel, N26°21'36"W, a distance of 30.00 feet to a found 1/2" iron rod at the most northerly corner of said 6.000 acre tract, said point being in the said southerly right-of-way line of the Union Pacific Railroad and the northwest corner of this parcel; THENCE with the northwesterly line of this parcel, with a common line of said John Bolt Harris, et al tract and said southerly right-of-way line of the Union Pacific Railroad, N63°36'48"E, a distance of 827.16 feet to the POINT OF BEGINNING and containing 0.565 acres (24,614 square feet) of land, more or less. AND; PARCEL 6B BEGINNING at a calculated point in the southerly right-of-way line of the Union Pacific Railroad, for the most northerly corner of this parcel, and the northwest corner of a 6.000 acre tract as described in Special Warranty Deed from Federal Deposit Insurance Corporation to Missouri Pacific Railroad Company of record in volume 2135, page 594 of the Official Public Records of Williamson County, Texas, said corner being in common with an interior- corner of said John Bolt Harris, et al tract; THENCE departing said southerly right-of-way line of the Union Pacific Railroad, along a common line with said John Bolt Harris, et al tract, and the southwesterly line of said 6.000 acre tract, same being the northeasterly line of this parcel S26°26'12"E, a distance of 30.00 feet to the southeasterly corner of this parcel; THENCE departing said southwesterly line of the 6.000 acre tract, along the southerly side of this parcel crossing through the interior of said John Bolt Harris, et al tract, S63°36'48"W, a distance of 181.62 feet to a calculated point at the most southerly corner of this parcel; THENCE N26°23'12"W, a distance of 30.00 feet to a calculated point at the northwesterly comer of this parcel same being in the said southerly right-of-way line of the Union Pacific Railroad, and in a northwesterly line of said John Bolt Harris, et al tract; Page 2 of 5 M PARCEL 6A & 6B FN4756R1 May 15, 2008 SAM, Inc. Job No. 28101 John Bolt Harris, et al to The City of Round Rock Proposed 30' Temporary Construction Easement THENCE with the northwesterly line of this parcel, with the common line of said John Bolt Harris, et al tract and said southerly right-of-way line of the Union Pacific Railroad, N63°36'48"E, a distance of 181.59 feet to the POINT OF BEGINNING containing 0.125 acres (5,448 square feet) of land, more or less. BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003. All distances and coordinates are surface values using a combined scale factor of 1.000084953. THE STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS: That I, Brian D. Scott, 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 direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the g -day of SURVEYING AND MAPPING, Inc. 5508 West Highway 290 Building B Austin, Texas 78735 .BRIAN D. SCOTT ' %:?C/ 36x0+ ate,+ `-,�3 s j�ty��` Page 3 of 5 2008, A.D. Brian D. Scott Registered Professional Land Surveyor No. 5280 - State of Texas P.O.B. PARCEL 68 P.O.R. N63'36'48 "E 25.38' P.O.R. 60271'46"E I x- 0.67" IO DETAIL ■ Aw N.T. S. P.O.B. PARCEL 6A La Li Y 5:11,2 * 300 150 0 300 GRAPHIC SCALE T4 tsAS-- EE DETAIL "A " o 0c -15 oC�Q� 0 ��C 'P CP cl 7- -o Nycm - f:d -a , °7s -7c co 18 NG IgA QE � 0 L6 GNC- CG1G N� �S4R v 5; �` cop C 0 013 0 90 t5% TACal 17 10 c1 -n PROPOSED 30' TEMPORARY CONSTRUC17QN EASEMENT 0.1:25 ACRE (5,448 SQ FT) Pa - os, 2,5 4 PARCEL 6A JG��GE '1 PGR S 4°C . -‘0 •\ to PGa- 0~''`', p p 4L lig O4R L Pip Sp�G05 \¢Gz� U 2G R P' \N'NG S 20' WIDE DRAINAGE EASEMENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION DESCRIBED IN VOL. 305, PG. 529 D. R. W. C.TX PRS'. G 'p \ G,© f. p� .S• cR4 4G" pN I G' OC, pG NOTE: THE BEARING BASIS IS FROM A PREVIOUS DESIGN AND BOUNDARY SURVEY PERFORMED BY SAM, INC. IN 2003. THE COORDINATES AND ELEVATIONS HELD WERE SUPPLIED BY OTHERS. ALL COORDINATES AND DISTANCES ARE SURFACE VALUES USING A COMBINED SCALE FACTOR OF 1.000084953. AtmUN. A (Kase 1 OHL S88 37'27'W 3.76' <.S89.49'32"W> 5506 WEST HIGHWAY 290 BUILDING B AUSTIN TEXAS, 78735 (512) 447-0575 FAR: (512) 326-3029 EMAIL: SAMQSAMINCAUS. COM 20' WIDE ACCESS EASEMENT DESCRIBED IN VOL. 941, PG. 346 D.R.W.C.TX N89'07'02 "E 19.81' ---<N88'51 '25"W> <20 72"> <N88'51'25"W> <299.89'> ;88.36 O0„E_)> N89'07'02"E 299.95' SKETCH TO ACCOMPANY TEMPORARY 30' CONSTRUCTION EASEMENT FIELD NOTE 4756R1 PAGE 4 OF 5 �f C1 < > 11 (( )) « » O.R.W.C.TX GENERAL WARRANTY DEED WITH VENDOR'S LIEN Ci)FROM PAUL. T. NICKS AND SPOUSE, MOZELLE NICKS TO THOMAS P. ELROD AND SPOUSE, CHRISTEL ELROD CALLED 4.42 ACRES VOL. 1813, PAGE 540 O.R. W. C. TX LEGEND 1/2" IRON ROD FOUND (UNLESS NOTED) TxDOT TYPE II ROW MONUMENT FOUND 400 NAIL FOUND 1/2" IRON ROD WITH "SAMINC" CAP SET CALCULATED POINT WIRE FENCE POINT OF BEGINNING POINT OF REFERENCE RECORD INFORMATION PER DOC. NO. 2000006058 0. P. R. W. C. TX RECORD INFORMATION PER DOC. NO. 2002048584 D. R. W. C.TX RECORD INFORMATION PER DEED # 199947747 0.P.R.W.C.TX RECORD INFORMATION PER DOC. NO. 2004012867 O.P.R.W.C.TX RECORD INFORMATION PER VOL. 2418, PG. 51 0. R.W. C. TX RECORD INFORMATION PER VOL. 2372, PG. 112 0. R. W. C.TX X RECORD INFORMATION PER VOL. 1813, PG. 540 0. R. W. C. TX RECORD INFORMATION PER DOC. NO. 2005048301 O. P. R. W. C.TX OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. BRIAN D. SCOTT REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5280 - STATE OF TEXAS LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 57/3/61g DATE LINE TABLE BEARING S02'21 '46"E S63'36'48 "W N26'21 '36"W N63'36'48 "E S63'36'48 "W S26'26'12 E S63'36'48 "W N26'23' 12 "W N63'36'48 "E DISTANCE 32.85' 813.80' 30.00' 827.16' 620.00' 30.00' 181.62' 30.00' 181.59' 5505 WEST HIGHWAY 290 BUILDING B Austin TEXAS. 75755 (512) 447-0575 FAA: (512) 326-5029 EMAIL: SAMSSAMINCAUS.COM SKETCH TO ACCOMPANY TEMPORARY 30' CONSTRUCTION EASEMENT FIELD NOTE 4756R1 PAGE 5 OF 5 j 11111111111111111111111111111111111111111111 1111111111111111 :s: 5 PGS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: THAT SUSAN HICKOX HARRIS and JOHN BOLT HARRIS ("Grantor"), for and in consideration of the sum of TEN DOLLARS ($10.00) cash to Grantor, in hand paid, the receipt and sufficiency of which are hereby acknowledged and confessed, and for which no lien or encumbrance, expressed or implied, is retained, has this day GRANTED and CONVEYED and, by these presents, does GRANT and CONVEY unto THE CITY OF ROUND ROCK, a Texas home -rule municipal corporation ("Grantee") situated in Williamson County, Texas, a temporary construction easement (the "Easement"), on, over, under, upon and across the following land, being a portion of being a portion of that certain 5.998 acre tract described in a Special Warranty Deed from the Union Pacific Railroad to John Bolt Harris and Susan H. Harris of record in Document No. 2008037872 of the Official Records of Williamson County, Texas (the "Parent Tract"), to -wit: Being a tract of land, lying and being situated in the County of Williamson, State of Texas, described as thirty feet wide (30') by six hundred and twenty six feet (626') long located adjacent and parallel to the northern property line of the Parent Tract, being more particularly described by a sketch in attached EXHIBIT "A", attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description of said property (the "Easement Tract"). TO HAVE AND TO HOLD the same to Grantee, its successors and assigns, together with the right and privilege to enter said Easement Tract for the purpose of staging the construction of drainage and railroad improvements within adjacent lands, easements and/or right-of-way dedicated for such purpose, all upon the condition that Grantee will, after doing any work in connection with the construction of said project, repair and restore the Easement Tract to a like or better condition than existed prior to said construction activities including the installation of permanent erosion controls to all disturbed areas. AT ALL TIMES while Grantee is having work performed within the Easement Tract, Grantee and Grantee Parties (as defined herein) shall maintain the following insurance: (i) workers' compensation insurance required under state law; and (ii) a policy of insurance written by one or more responsible insurance carrier(s) which will include Grantor as an additional insured, insuring against liability for injury to persons and/or property and death of any person or persons occurring in, on or about the Parent Tract arising from the conduct of Grantee or any CM -H-0'1-17'7 2011065360 10 contractors, employees, consultants, subcontractors, or other parties entering upon the Easement Tract pursuant to this Easement (the "Grantee Parties"), with a liability limit of not less than $1,000,000 for the death or injury of any one person and not less than $1,000,000 for any one accident and $500,000 for property damage. Grantee shall furnish Grantor with certificates of insurance demonstrating compliance with the terms of this paragraph and providing that such insurance shall not be canceled except after thirty (30) days written notice to Grantor. Such certificates must be provided to Grantor prior to the entry and/or start of construction activity on the Easement Tract by Grantee and/or the Grantee Parties. GRANTOR shall not be liable to Grantee or Grantee Parties for any injury to person or damage to property on or about the Parent Tract caused by Grantee or Grantee Parties entering upon the Parent Tract, or caused by the Parent Tract becoming out of repair or in a dangerous condition for any reason, unless such injury arises from Grantor's gross negligence or willful misconduct; and Grantee expressly agrees to indemnify Grantor and to defend and hold harmless Grantor from any loss, expense or claim arising out of any such damage or injury. Further, Grantee expressly agrees to indemnify , defend and hold harmless Grantor from and against all claims, causes of action, damages, costs and expenses (including reasonable attorney's fees and costs), caused by the Grantee and/or the Grantee Parties and/or arising from any work or conduct engaged in by the Grantee and/or the Grantee Parties pursuant to this Easement. IN PERFORMING any activities on the Easement Tract, Grantee shall comply with all applicable laws and regulations. In no event shall Grantee or any other entity related to Grantee use the Easement Tract for any purpose other than as defined above and in no event shall any hazardous waste or other such products from Grantee's construction activities be placed or stored upon the Easement Tract. IN NO EVENT shall Grantee permit or suffer any lien to be put upon or arise or accrue against any part of the Parent Tract in favor of any parties furnishing labor or material to Grantee. Grantee shall cause any and all such liens, or rights or claims thereof to be immediately released. GRANTEE agrees that it is expressly and solely responsible for obtaining all federal, state and local permits required with respect to Grantee's activities upon the Easement Tract, including without limitation, federal permits under the National Pollutant Discharge Elimination System general permit for storm water discharges from construction activities and any permit required under any similar state or local program such as those required under Chapter 422 of the Texas Local Government Code. Grantee and/or Grantee Parties will provide a copy of the Notice of Intention filing prior to any construction activity starting on the Easement Tract and a copy of the Notice of Termination filing upon completion of construction activities. THIS EASEMENT shall automatically expire eighteen (18) months from the date of the notarized signature of the Grantor. GRANTOR does hereby bind itself, its heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described Easement and rights unto the said Grantee, its successors and assigns, against every persons whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject to all easements, covenants, restrictions, reservations, conditions or other encumbrances of record affecting the Easement Tract, to the extent, but only to the extent, the same are still in force and effect, and to all conditions apparent on the Easement Tract. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed effective as of the 9a day of , 2011. GRANTOR: .11 IPA% �!!i hn Bolt Harris lk Susan Hickox Harris AGREED AND ACCEPTED: CITY OF ROUND ROCK, TEXAS, a Texame-rule municipality Steve Norwood, City Manager THE STATE OF TEXAS COUNTY OF -inky I S Nat This instrument was acknowledged before me on o2�- g ,2011, by John Bolt Harris, known by me to be the person whose nam 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. (s .O :o�•., �. EMILY K. STROBEL ' Notary Public, State of Texas 1.1 My Commission Expires rito February 25, 2014 THE STATE OF TEXAS COUNTY OFTr&vtS This instrument was acknowledged before me on Susan Hickox Harris, known by me to be the person whose nine 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 consider ti •, t erein ex ssed. , 2011, by EMILY K. STROBEL Notary Public, State of Texas My Commission Expires February 25, 2014 THE STATE OF TEXAS § COUNTY OF liliwitsotl § This instrument was acknowledged before me on c$' PTE/14B , 25 , 2011, by Steve Norwood, City Manager of the City of Round Rock, Texas, a Texas home -rule municipality, 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. VF;;; MEAGAN M. SPINKS ''- Notary Public, State of Texas (sealji : My Commission Expires '''4,11/,gte September 09, 2014 • Notary PubliSignature 5tusn EXHW!T A" P.O.B. PARCEL 68 P.O.R. SO2'21'46 E 0.67" DETAIL "A" N.T.S. ./� 3 1�1 2� 61, EA M-NT•� aka o < „co -4, `T' R A c T O 0 iso -o 0 9,3 V\ 1773 A Z LI LA 0 L0 -• U{ ri 11. 1-.) G) V P.O.B. PARCEL 6A GRAPHIC_ SCALE ei6 401} gl) I 0 SI' "'"-E DETAIL "A" 4 0( ( 'cp 1 ` �i' i� lye' 0., .i° e. '`'. fl dEGVP Ep1GOP v\Z� "_' S4 OM 00-P q P 5 3 4. !,� FFL\NS c., 0C' 0 P.C2 5, PFtp \ i�� GP yC G 594 ' VI' J Ott 9ryG �1 tr G2v 0(07 PROPOSED 30' TEMPORARY ¢\S, X51-' CONS7RUCRON EASEMENT .F VO\ -•S 0.125 ACt'�ARE CEL 8 SO. FT. )p�t c %oR� Iv- S ©GGA o'- 0 �0 \SSU o. �G pl 11 t.'sil,S c P4 ,�Pa \.. ,90 G dap L,p r ,R1 1 SPF CA'‘' � 4cGG1 p. QCGOC(3� .I�, 4Z 4 4�pr Ftil • N\ EO 0 0!!;.,t, \.. 0pG R Z sit. \ 20' WIDE DRAINAGE EASEMENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION DESCRIBED IN VOL. 305, PG. 529 D. R. W. C. TX NOTE: THE BEARING BASIS IS FROM A D BOUNDARY SURVEY PERFORMED BY SAM, INC. 1NF2003 E SI COORDINATES AND ELEVATIONS HELD WERE SUPPLIED BY OTHERS. ALL COORDINATES AND DISTANCES ARE SURFACE VALUES USING A COMBINED SCALE FACTOR Or 1.000084953. Jag C • AIMS/ A PI(LfL 1 �l101 0a Was i' SURVEYING •AERIAL MAPPING • ENON'EERI+IG v 0 0 siN 0 a Z ?r r) is — o 227P _11 0 49t.fl 0 0 •G a<� S88'3727W 3.76' <S89' 49`32 "W> <3.80'> _- 5235 WEST N!GI'WAY 250 01A1.01N0 Avsntt T5t4s. 75755 (512) 447-c375 Fet: (5(2) 326-3029 EMAIL- SAM30A41.NCAV3.COM � k ?0' WIDE ACCESS EASEMENT ` DESCRIBED IN VOL. 941, PG. 346 D.R. W.C. )X q II N89'07'02"E 19.81' <20.72'> —..- 0 <N88'51' 25"W > <2_99.89`> <(N88'36'00'E)> <(319.86')> N89'07'02"f. 299.95' SKETCH TO ACCOMPANY TEMPORARY 30' CONSTRUCTION EASEMENT FIELD NOTE 4756R1 PAGE 4 OF 5 }