CM-14-02-322,ROUND ROCK TEXAS
PURPOSE MEAN( PROHaIYY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an ingress and egress easement for Group 1 Realty,
Inc.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/14/2014
Dept Director: Brad Wiseman - Planning & Development Services Director
Cost:
Indexes:
Attachments: Group 1 - Ingress and Egress Easement, Group 1 - Exhibit
Department:
Text of Legislative File CM -14-02-322
This document allows Group 1 Realty, Inc. to access a portion of the recently constructed
Sports Center access drive (north of the FedEx facility) for a vehicle inventory lot.
Staff supports the easement.
City of Round Rock Page 1 Printed on 2/13/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning
Project Mgr/Resource: Aneii Naik
[]Council Action:
ORDINANCE
Agenda Wording
Project Name: Group 1 Automotive Access Easement
ContractorNendor: N/A
n RESOLUTION
[]City Manager Approval
CMA Wording
Consider executing an Ingress and Egress Easement with Group 1 Realty, Inc.
Attorney Approval
El -Attorney
Notes/Comments
Date', S l L
O:\wdox\SCCInts\0114\1410\MISC\00291704.XLS Updated 6/3/08
INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That, the City of Round Rock, Texas, a Texas home -rule municipality, and its successors and
assigns, ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 DOLLARS,
($10.00), and other good and valuable consideration, in hand paid to GRANTOR by the Group 1 Realty,
Inc., whose address is 800 Gessner Road, Suite 500, Houston, Texas, 77024 ("GRANTEE"), the receipt
of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does
GRANT, SELL, and CONVEY unto Grantee, the perpetual right of ingress and egress over and across the
following described property (the "Easement"), to -wit:
Being 16,820 square feet out of the David Curry Survey, Abstract 130 in Williamson
County, Texas and being a portion of a 0.410 acre tract conveyed to the City of Round
Rock in Document No. 2012030436, Official Public Records, Williamson County, Texas,
said 16,820 square foot tract being more particularly described by metes and bounds in
Exhibit "A", attached hereto and incorporated herein for all purposes.
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.
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 right of ingress and egress contemplated herein is subject to the following conditions:
(a) Ingress and egress shall only be by means of roads and lanes presently existing on the
Easement;
(b) Use of the Easement by tractor -trailers, semi -trucks, semi -trailers or any vehicle having a
gross vehicle weight rating of 17,000 pounds or more is prohibited.
(c) Grantor retains the right to revoke this Easement, and all rights granted hereunder, if it
determines, in Grantor's sole discretion, that Grantee's use of the Easement poses a threat to
the health, safety and welfare of the public. Grantee shall execute a release in a form
acceptable to Grantor releasing this Easement within 10 days of the date that Grantee sends a
notice informing Grantor of its determination that Grantee's use of the Easement poses a
threat to the health, safety and welfare of the public. Notwithstanding anything to contrary,
Grantee retains the right to immediately barricade, fence or otherwise obstruct Grantee's use
of this Easement if Grantor determines, in its sole discretion, that Grantee's use of the ingress
and egress easement poses a threat to the health, safety and welfare of the public.
00291809.docx./jmr
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(d) Grantor retains the right to revoke this Easement, and all rights granted hereunder, with or
without cause, at its sole discretion, at any time, upon giving 180 days' written notice of such
revocation to Grantee sent to Grantee's address stated above, and such notice shall be deemed
to have been received by Grantee three days after being deposited in the United States mail,
first class, postage prepaid. Grantee shall execute a release in a form acceptable to Grantor
releasing this easement within 10 days of the expiration of 180 days from the receipt of the
notice provided under this paragraph. Nothing in this paragraph shall be construed as
affecting or limiting the rights of Grantor under paragraph (c) above.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement or otherwise obstruct, or permit the obstruction of the
Easement;
(b) Grantee agrees to indemnify and hold harmless Grantor, and its employees, officers, agents,
from and against any and all claims, demands, actions or causes of action, and any and all
liabilities, damages, loss, costs, and expenses, including, but not limited to, attorneys' fees,
which may be asserted by Grantee, Grantee's agents, employees, invitees, or any third party
on account of, or sustained or alleged to have been sustained by, or arising out of, growing
out of, or in any way incidental to, or in connection with the exercise of the rights granted
herein.
(c) Grantee shall maintain an insurance policy with an insurance company licensed and admitted
to do business in Texas naming the Grantor as an additional insured with a minimum bodily
injury limit of $300,000.00 per occurrence.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, and Grantor does hereby bind its successors and assigns, and legal representatives, to
warrant and forever defend, all and singular, the above-described 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, under Grantor but not otherwise.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this (11 -111 -day of
56Sttl.1, , 2014.
2
GRANTOR:
CITY OF ROUND ROCK, TEXAS
Steve Norwood, City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the l4- day of the month of
EfAd/LIGt , 2014, by Steve Norwood, City Manager, of the City of Round Rock, Texas, known
by me to be t'he 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.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, TX 78664
GtHAA, btavO;f.
Notary Public, State of Texas
1
" 1'*: SARA LEIGH WHITE
MY COMMISSION EXPIRES
^y :" July 11,2016
3
CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
6448 HIGHWAY 290 EAST SUITE B-105
AUSTIN, TEXAS 78723
512-244-3395
EXIIIBIT "A"
PROPOSED 16,820 SQ. FT.
30' ACCESS EASEMENT
FIELD NOTES
FIELD NOTES FOR 16,820 SQUARE FEET OUT OF THE DAVID CURRY
SURVEY, ABSTRACT 130 IN WILLIAMSON COUNTY, TEXAS AND BEING
A PORTION OF A 0.410 ACRE TRACT CONVEYED TO THE CITY OF
ROUND ROCK IN DOCUMENT NO. 2012030436, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 16,820 SQUARE FOOT
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a''/z" iron rod found in the new West R.O.W. line of Chisholm Trail, being the most
southerly Southeast comer of a 15.1988 acre tract conveyed to Group 1 Realty in Document No. 2013093234,
Official Public Records, Williamson County, Texas, for the Northeast comer of the remainder of said 0.410 acre
tract, the Northeast comer of this tract and the POINT OF BEGINNING:
THENCE S00°48'25"W with the West R.O.W. line of said Chisholm Trail and the East line of this tract a
distance of 30.03 feet to a point in the North line of Lot 1, American Freightways Addition, a subdivision of record
in Cabinet Q, Slide 354, Plat Records, Williamson County, Texas, for the Southeast corner of this tract;
THENCE S87°35'01"W with the North line of said Lot 1 and the South line of said 0.410 acre tract,
passing the Northeast corner of a 0.115 acre tract conveyed to the City of Round Rock in Volume 796, Page 843,
Deed Records, Williamson County, Texas, continuing with the North line of said 0.115 acre tract, in all a distance of
560.18 feet to a 'A" iron rod found, being a southerly corner of said 15.1988 acre tract, for the Southwest comer of
this tract;
THENCE NO2°24'47"W with an easterly line of said 15.1988 acre tract and the West line of said 0.410
acre tract a distance of 29.98 feet to a'/2" iron rod found at an ell corner of said 15.1988 acre tract, for the Northwest
comer of this tract;
THENCE N87°35'01"E with the North line of said 0.410 acre tract and the South line of said 15.1988 acre
tract a distance of 561.86 feet to the POINT OF BEGINNING and containing 16,820 square feet of land, more or
less.
I hereby certify that the foregoing field notes were based on a survey on the ground, under my supervision
and are true and correct to the best of my knowledge and belief.
Witness my hand and seal this January 23`d, 2014.
Herman Crichton, R.P.L.S. 4046
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INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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KNOW ALL BY THESE PRESENTS:
That, the City of Round Rock, Texas, a Texas home -rule municipality, and its successors and
assigns, ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 DOLLARS,
($10.00), and other good and valuable consideration, in hand paid to GRANTOR by the Group 1 Realty,
Inc., whose address is 800 Gessner Road, Suite 500, Houston, Texas, 77024 ("GRANTEE"), the receipt
of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does
GRANT, SELL, and CONVEY unto Grantee, the perpetual right of ingress and egress over and across the
following described property (the "Easement"), to -wit:
Being 16,820 square feet out of the David Curry Survey, Abstract 130 in Williamson
County, Texas and being a portion of a 0.410 acre tract conveyed to the City of Round
Rock in Document No. 2012030436, Official Public Records, Williamson County, Texas,
said 16,820 square foot tract being more particularly described by metes and bounds in
Exhibit "A", attached hereto and incorporated herein for all purposes.
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.
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 right of ingress and egress contemplated herein is subject to the following conditions:
(a) Ingress and egress shall only be by means of roads and lanes presently existing on the
Easement;
(b) Use of the Easement by tractor -trailers, semi -trucks, semi -trailers or any vehicle having a
gross vehicle weight rating of 17,000 pounds or more is prohibited.
(c) Grantor retains the right to revoke this Easement, and all rights granted hereunder, if it
determines, in Grantor's sole discretion, that Grantee's use of the Easement poses a threat to
the health, safety and welfare of the public. Grantee shall execute a release in a form
acceptable to Grantor releasing this Easement within 10 days of the date that Grantee sends a
notice informing Grantor of its determination that Grantee's use of the Easement poses a
threat to the health, safety and welfare of the public. Notwithstanding anything to contrary,
Grantee retains the right to immediately barricade, fence or otherwise obstruct Grantee's use
of this Easement if Grantor determines, in its sole discretion, that Grantee's use of the ingress
and egress easement poses a threat to the health, safety and welfare of the public.
00291809.docx./jmr
cm- oa -3 aa,
(d) Grantor retains the right to revoke this Easement, and all rights granted hereunder, with or
without cause, at its sole discretion, at any time, upon giving 180 days' written notice of such
revocation to Grantee sent to Grantee's address stated above, and such notice shall be deemed
to have been received by Grantee three days after being deposited in the United States mail,
first class, postage prepaid. Grantee shall execute a release in a form acceptable to Grantor
releasing this easement within 10 days of the expiration of 180 days from the receipt of the
notice provided under this paragraph. Nothing in this paragraph shall be construed as
affecting or limiting the rights of Grantor under paragraph (c) above.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement or otherwise obstruct, or permit the obstruction of the
Easement;
(b) Grantee agrees to indemnify and hold harmless Grantor, and its employees, officers, agents,
from and against any and all claims, demands, actions or causes of action, and any and all
liabilities, damages, loss, costs, and expenses, including, but not limited to, attorneys' fees,
which may be asserted by Grantee, Grantee's agents, employees, invitees, or any third party
on account of, or sustained or alleged to have been sustained by, or arising out of, growing
out of, or in any way incidental to, or in connection with the exercise of the rights granted
herein.
(c) Grantee shall maintain an insurance policy with an insurance company licensed and admitted
to do business in Texas naming the Grantor as an additional insured with a minimum bodily
injury limit of $300,000.00 per occurrence.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, and Grantor does hereby bind its successors and assigns, and legal representatives, to
warrant and forever defend, all and singular, the above-described 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, under Grantor but not otherwise.
111
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this I4 day of _
VjeA%Lta V 4 — , 2014.
2
GRANTOR:
CITY OF ROUND ROCK, TEXAS
Steve Norwood, City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the l�l day of the month of
54 ,01/14,0, , 2014, by Steve Norwood, 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.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, TX 78664
i/vtfA, bettet
Notary Public, State of Texas
1
P"•" fes. SARA LEIGH WHITE
t'' MY COMMISSION EXPIRES
zwx
y E: July 11, 2016
3
CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
6448 HIGHWAY 290 EAST SUITE B-105
AUSTIN, TEXAS 78723
512-244-3395
EXIIIBIT "A"
PROPOSED 16,820 SQ. FT.
30' ACCESS EASEMENT
FIELD NOTES
FIELD NOTES FOR 16,820 SQUARE FEET OUT OF THE DAVID CURRY
SURVEY, ABSTRACT 130 IN WILLIAMSON COUNTY, TEXAS AND BEING
A PORTION OF A 0.410 ACRE TRACT CONVEYED TO THE CITY OF
ROUND ROCK IN DOCUMENT NO. 2012030436, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 16,820 SQUARE FOOT
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a %2" iron rod found in the new West R.O.W. line of Chisholm Trail, being the most
southerly Southeast comer of a 15.1988 acre tract conveyed to Group 1 Realty in Document No. 2013093234,
Official Public Records, Williamson County, Texas, for the Northeast comer of the remainder of said 0.410 acre
tract, the Northeast comer of this tract and the POINT OF BEGINNING:
THENCE S00°48'25"W with the West R.O.W. line of said Chisholm Trail and the East line of this tract a
distance of 30.03 feet to a point in the North line of Lot 1, American Freightways Addition, a subdivision of record
in Cabinet Q, Slide 354, Plat Records, Williamson County, Texas, for the Southeast comer of this tract;
THENCE S87°35'01"W with the North line of said Lot 1 and the South line of said 0.410 acre tract,
passing the Northeast comer of a 0.115 acre tract conveyed to the City of Round Rock in Volume 796, Page 843,
Deed Records, Williamson County, Texas, continuing with the North line of said 0.115 acre tract, in all a distance of
560.18 feet to a %" iron rod found, being a southerly corner of said 15.1988 acre tract, for the Southwest comer of
this tract;
THENCE NO2°24'47"W with an easterly line of said 15.1988 acre tract and the West line of said 0.410
acre tract a distance of 29.98 feet to a'/2" iron rod found at an ell corner of said 15.1988 acre tract, for the Northwest
corner of this tract;
THENCE N87°35'01"E with the North line of said 0.410 acre tract and the South line of said 15.1988 acre
tract a distance of 561.86 feet to the POINT OF BEGINNING and containing 16,820 square feet of land, more or
less.
I hereby certify that the foregoing field notes were based on a survey on the ground, under my supervision
and are true and correct to the best of my knowledge and belief.
Witness my hand and seal this January 23`d, 2014.
Herman Crichton, R.P.L.S. 4046
13_240_ACCESMT
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014013265
02/27/2014 01:15 PM
MARIA $41.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
O3 CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664