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CM-13-12-265City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Temporary Construction Easement for a 1.324 acre tract regarding the Water Reuse System - Phase 4A Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/20/2013 Dept Director: Don Childs/Steve Sheets Cost: $0.00 Indexes: Attachments: Department: Legal Department Text of Legislative File CM -13-12-265 Consider executing a Temporary Construction Easement for a 1.324 acre tract regarding the Water Reuse System - Phase 4A Project. Staff recommends approval. City of Round Rock Page 1 Printed on 12/16/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Don Childs/Steve Sheets Council Action: ORDINANCE Agenda Wording Project Name: Water Reuse System - Phase 4A ContractorNendor: N/A RESOLUTION City Manager Approval CMA Wording Consider executing a Temporary Construction Easement for a 1.324 acre tract regarding the Water Reuse System - Phase 4A Project. Attorney Approval Attorney Notes/Comments Date Execution of this TCE document will formally confirm typical obligations of the City in easements of this type. The Grantee is not otherwise asking for compensation for grant of the temporary easement. O:\wdox\SCCInts\0199\7134-TXSTU\MISC\00289080.XLS Updated 6/3/08 RECORDED DOCUMENT FOLLOW IIIII!Iillllllilillllllllll1411lllllllllllllllilll :::s 2014001443 TEMPORARY CONSTRUCTION EASEMENT Round Rock Reuse Waterline—Phase IV. THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That TEXAS STATE UNIVERSITY, 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 CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipal corporation (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a Temporary Construction Easement to construct and install a reuse waterline and related facilities in the adjacent road right of way, in, upon, over, and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a 50' wide temporary construction easement area immediately adjacent to College Park Drive right of way, and being approximately 1.324 acres ("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, shown of record in the office of the County Clerk of Williamson County, Texas. Grantee shall have the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of construction and installation of reuse waterline improvements and related facilities in the adjacent right of way of Grantee, and for making connections therewith; all upon the condition that upon completion of construction and installation of the improvements in the adjacent right of way Grantee shall repair and restore the surface of said premises and any existing improvements affected by the use of the Property as nearly as is reasonably possible to the condition which the same was in before the work was undertaken. This Temporary Construction Easement shall expire upon the earlier of: (1) six months from the date that Grantee takes possession of the Property for the purposes set out herein; or (2) September 30, 2014. Grantee hereby covenants and agrees: (a) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and 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 their employment. (b) Grantor also retains, reserves, and shall continue to enjoy the surface of such TXSTU(2)--TCE for reuse waterline installation --Ph 4A (DC 12-10-13) (00288673).doc 1 Cin-13-12-at.25 c.) Temporary Construction Easement for any and all purposes which do not interfere with and prevent the use by Grantee of the Temporary Construction Easement. (c) Grantee shall provide a minimum of 10 days advance notice to Grantor prior to its initial possession of the Property for the purposes set out herein. Notice shall be in writing and may be provided by electronic mail addressed as follows: Mr. Michael Petty Director, Facilities Planning, Design & Construction Michael Petty@txstate.edu TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above-described Temporary Construction Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this LY day of DetkiV(, 2013. GRANTOR: TEXAS STATE UNIVERSITY By: William A. Nance Vice President Finance and Support Services GRANTEE: CITY OF ROUND ROCK -4,/ B�� f y: Name: /0,• e29 2 Title: 2 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HAYS This trument was acknowledged before me on this the 1/ day of (n. , 2013, by William A. Nance, Vice President of Finance and Support Services, 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. PATRICIA PRADO *, NOrTAAY Pueuc Mai d tions • Corny& Exp„ 02.2-2014 STATE OF TEXAS Notary Public, State of Texas ACKNOWLEDGMENT COUNTY OF W j 0./t egelf.4 �Vk1 This I �insttrument was acknowledged before me on this the _Cl ' day of eCifinL4 , 2013, by C�� VVf4-d'Q , Ll t known by me to be the person whose name is subscribed to the foreg mg 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 WHITE '= MY COMMISSION EXPIRES 's•lf July 11, 2016 After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 3 (^/a�G' / • v v . NttrtAn P,opt;,,&J s crtwr- RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. • G RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. ILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014001443 01/08/2014 10:52 AM DPEREZ $37.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS SHEETS & CROSSFIELD 309 EAST MAIN ST ROUND ROCK, TX 78664