CM-13-11-211ROUND ROCK, TEXAS
RIMIOSE. PASSION PRCRMArre
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Modification to Wastewater Line Easement with
In -N -Out Burgers.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/8/2013
Dept Director: Brad Wiseman
Cost:
Indexes:
Attachments: In -N -Out Wastewater Easement Modification
Department: Planning and Development Services Department
Text of Legislative File CM -13-11-211
The purpose of this easement is to revise ownership from SPG Round Rock NS, L.P., to In -N -Out Burgers as
well as establish an agreement pertaining to: minimizing interferance with the business, and provide a five day
written notice prior entering the property/
The recommended action is to approve the easement modification.
City of Round Rock Page 1 Printed on 11/7/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: •Parcrrammg
Project Mgr/Resource: Aneil Naik
Council Action:
ORDINANCE
Agenda Wording
Modification to the Wastewater Line Easement
Project Name: with In -N -Out Burgers.
Contractor/Vendor:
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Modification to Wastewater Line Easement with In -N -Out Burgers.
Attorney Approval
Attorney
Notes/Comments
Date I612S)13
O:\wdox\SCCInts\0141\1301\MISC\00285513.XLS Updated 6/3/08
MODIFICATION TO WASTEWATER LINE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
RECITALS:
KNOW ALL BY THESE PRESENTS:
A. CPG ROUND ROCK, L.P., a Texas limited partnership ("CPG") granted to the CITY OF
ROUND ROCK, TEXAS, a municipal corporation (hereinafter referred to as "Grantee") a certain
Wastewater Line Easement recorded in the office of the County Clerk of Williamson County, Texas on
August 2, 2006, as Instrument No. 2006065103 ("Easement").
B. CPG's affiliate and successor in interest, SPG ROUND ROCK NS, L.P., a Delaware limited
partnership ("SPG") sold to IN -N -OUT BURGERS, a California corporation, whose current address is
Attn: Real Estate Department; 13502 Hamburger Lane, Baldwin Park, California 91706 (hereinafter
referred to as "INOB") that certain property legally described as follows: Lot 2A, Block A, Replat of Lot 1
Block A, of CPG Partners Commercial Tract Section 1, a subdivision in Williamson County, Texas,
according to the map of plat of record in Cabinet CC, Slide 366, Document No. 2007005697, Plat Records
of Williamson County, Texas (the "INOB Property") by deed recorded as Document No.2012106268,
Official Public Records of Williamson County, Texas.
C. The Basement affects a portion of the INOB Property as shown in the attached Exhibit "A" (the
"Affected Area").
D. As a condition of consummating the purchase of the INOB Property and developing the same,
INOB has requested Grantee agree to certain modifications to the Easement as further set forth below.
AGREEMENT:
Grantee hereby agrees to the following modifications to the Easement and agrees that Grantee's
rights under the Easement in the Affected Area, and only the Affected Area, are subject to and conditioned
upon the following covenants:
(a) In the event Grantee needs to access, repair, replace, or maintain the wastewater line or any
improvements or facilities related thereto (the "Facilities"), or otherwise enter upon the
INOB Property, then Grantee, in exercising its rights hereunder, shall make its best efforts
to minimize interference with 1NOB's use and enjoyment of the INOB Property and its
business operations thereon.
(b) Grantee shall provide INOB with not less than five (5) days' prior written notice prior to
entering upon the INOB Property for any maintenance, repair, or replacement of the
Facilities located on the INOB Property that requires excavation; provided however, in the
event of an emergency, Grantee shall only be required to provide INOB with as much
advance notice as is practicable.
CAA -13 -11 -LO
Grantee and INOB hereby agree that the Easement is modified pursuant to the terms set forth
herein and to the extent there is a conflict between the terms of the Easement and the terms set forth in this
Modification to Wastewater Line Easement, the terms of this Modification to Wastewater Line Easement
shall govern and control.
IN WITNESS WHEREOF, INOB and Grantee have caused this instrument to be executed this
I�
day of JV(',2013.
CITY OF ROUND ROCK, TEXAS
a Texas home -rule municipality
I/
By:
Steve Norwood, City Manager
IN -N -OUT BURGERS,
a California corporation
By:
Carl G. Van Fleet
Executive Vice President of Planning and
Development, its authorized agent
ACKNOWLEDGMENT
THE STATE OF `CeX4 r.•
COUNTY OF W`a'?
§
' r This instrument was acknowledged before me on this the (3 day of the month
of r�r�%V11 , 2013 by Steve Norwood, 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.
1
- -
:Z SARA LEIGH WHITE
4 MY COMMISSION EXPIRES
fzi July11,2016
2
Notary Public, State of it Y`�
ACKNOWLEDGMENT
State of California
County of 1..C6 ACYnet.e5
On Ce,Anicia a3, X013 before me,
Lpr 1 T)rAZZ► IL Ivo+ tL
(insert name and title of theaoer)
personally appeared Cart ta. V OINK f•'r
who proved to me on the basis of satisfactory evidence to be the person(0 whose names) is/are-
subscribed to the within instrument and acknowledged to me that he/s 1ieftheTexecuted the same in
his/her/their authorized capacity(tes), and that by his/her/their signatures) on the instrument the
person(lj, or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu�E'__-
(Seal)
1 B$AllILL
Co u ss on #► 2004359
M�Mr� Polito - California
for Alvin County
1 17
THE STATE OF
COUNTY OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the day of the month
of , 2013 by Carl G. Van Fleet, Executive Vice President of Planning and Development
for In -N -Out Burgers, 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.
After recording please return to:
Development Services Office
301 W. Bagdad Ave., Suite 140
Round Rock, TX 78664
3
Notary Public, State of
Exhibit "A"
IN 1 (UI &MIR
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RECORDED
DOCUMENT
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MODIFICATION TO WASTEWATER LINE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
RECITALS:
2013108593
KNOW ALL BY THESE PRESENTS:
A. CPG ROUND ROCK, L.P., a Texas limited partnership ("CPG") granted to the CITY OF
ROUND ROCK, TEXAS, a municipal corporation (hereinafter referred to as "Grantee") a certain
Wastewater Line Easement recorded in the office of the County Clerk of Williamson County, Texas on
August 2, 2006, as Instrument No. 2006065103 ("Easement").
B. CPG's affiliate and successor in interest, SPG ROUND ROCK NS, L.P., a Delaware limited
partnership ("SPG") sold to IN -N -OUT BURGERS, a California corporation, whose current address is
Attn: Real Estate Department; 13502 Hamburger Lane, Baldwin Park, California 91706 (hereinafter
referred to as "INOB") that certain property legally described as follows: Lot 2A, Block A, Replat of Lot 1
Block A, of CPG Partners Commercial Tract Section 1, a subdivision in Williamson County, Texas,
according to the map of plat of record in Cabinet CC, Slide 366, Document No. 2007005697, Plat Records
of Williamson County, Texas (the "INOB Property") by deed recorded as Document No.2012106268,
Official Public Records of Williamson County, Texas.
C. The Easement affects a portion of the INOB Property as shown in the attached Exhibit "A" (the
"Affected Area").
D. As a condition of consummating the purchase of the INOB Property and developing the same,
INOB has requested Grantee agree to certain modifications to the Easement as further set forth below.
AGREEMENT:
Grantee hereby agrees to the following modifications to the Easement and agrees that Grantee's
rights under the Easement in the Affected Area, and only the Affected Area, are subject to and conditioned
upon the following covenants:
(a) In the event Grantee needs to access, repair, replace, or maintain the wastewater line or any
improvernents or facilities related thereto (the "Facilities"), or otherwise enter upon the
INOB Property, then Grantee, in exercising its rights hereunder, shall make its best efforts
to minimize interference with 1NOB's use and enjoyment of the INOB Property and its
business operations thereon.
(b) Grantee shall provide INOB with not less than five (5) days' prior written notice prior to
entering upon the INOB Property for any maintenance, repair, or replacement of the
Facilities located on the INOB Property that requires excavation; provided however, in the
event of an emergency, Grantee shall only be required to provide INOB with as much
advance notice as is practicable.
L.M-13 11- L
Grantee and INOB hereby agree that the Easement is modified pursuant to the terms set forth
herein and to the extent there is a conflict between the terms of the Easement and the terms set forth in this
Modification to Wastewater Line Easement, the terms of this Modification to Wastewater Line Easement
shall govern and control.
,.IN WIT�N�AES�S WHEREOF, INOB and Grantee have caused this instrument to be executed this
day of IVl1V', 2013.
CITY OF ROUND ROCK, TEXAS
a Texas home -rule municipality
By:
Steve Norwood, City Manager
IN -N -OUT BURGERS,
a Californi corporation
By:
Carl G. Van Fleet
Executive Vice President of Planning and
Development, its authorized agent
ACKNOWLEDGMENT
THE STATE OF X4 r -
COUNTY OF W
§
This instrument was acknowledged before me on this the (;1' day of the month
of I IOVeih'116P/y' , 2013 by Steve Norwood, 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.
• SARA LEIGH WHRE
: MY COMMISSION EXPIRES
July 11, 2016
2
Notary Public, State of 04
ACKNOWLEDGMENT
State of California
County of 1-06 AY eke
On Ee..Af U 3, p(3 before me,
Lob esYAZi I ko+ IC.
(insert name and title of thea offer)
personally appeared ark Vetxt to
who proved to me on the basis of satisfactory evidence to be the person(H) whose names) is/are-
subscribed to the within instrument and acknowledged to me that he/sIefthey-executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the
person(?j, or the entity upon behalf of which the person(/) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu
/
V_ `•-""
(Seal)
I SRAllILL
Commission • 2004359
Nary Public - CsiHormis
Lor Awls* County
1 17
THE STATE OF
COUNTY OF
ACKNOWLEDGMENT
This instrument was acknowledged before nie on this the day of the month
of , 2013 by Carl G. Van Fleet, Executive Vice President of Planning and Development
for In -N -Out Burgers, 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.
After recording please return to:
Development Services Office
301 W. Bagdad Ave., Suite 140
Round Rock, TX 78664
3
Notary Public, State of
Exnibit "A"
I It
Sri 11.1,
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
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NO8'S.T3,103F9r5Ji
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2013108593
11/21/2013 08:30 AM
DPEREZ $41.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664