R-2017-4639 - 7/27/2017 RESOLUTION NO. R-2017-4639
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Upper
Brushy Creek Water Control and Improvement District for the construction and maintenance of storm
water facilities in regard to the Texas Avenue Extension Project,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Agreement Between Upper Brushy Creek Water Control and Improvement District and City of Round
Rock for the Construction and Maintenance of Stormwater Facilities, a copy of same being attached
hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all tunes during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of July, 2017.
XA1
CRAIGORG , Mayor
City of ound ck, Texas
ATTEST:
9W&
SARA L. WHITE, City Clerk
0112,1704,00382160
EXHIBIT
"A'"
INTERLOCAL AGREEMENT BETWEEN
UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT AND
CITY OF ROUND ROCK FOR THE CONSTRUCTION AND MAINTENANCE OF
STORMWATER FACILITIES
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement(the"Agreement") is entered into as of this day of
, 20171, by and between the Upper Brushy Creek Water Control and
Improvement District, a political subdivision of the State of Texas (the "District") and the City of
Round Rock, a Texas home-rule municipality(the"City") (collectively, the"Parties").
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas Interlocal
Cooperation Act, provides that any one or more local governments may contract with each other
for the performance of governmental functions or services for the promotion and protection of
the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and
WHEREAS, the District desires to purchase Lot 1B, Block A of the Replat of Lot 1,
Block A United Auto Parts Subdivision (the "Property") from the City for the purpose of
constructing a new office facility(see Exhibit"A");
WHEREAS, the City desires to extend Texas Avenue between Greenhill Drive to
Chapel Hill North Section 3;
WHEREAS, the City desires to provide stormwater detention and treatment (the
"Improvements") for the Texas Avenue extension and the new office facility constructed by the
District;
WHEREAS, the District and the City desire to cooperate in the expeditious purchase,
design, and construction of the foregoing; and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City and the District agree as follows:
A.
TERMS AND CONDITIONS
1. Real Property Purchase.
1.1 The Property purchase is executed through the Commercial Contract — Unimproved
Property between the City and the District.
379561bk
1.2 The City agrees to complete the relocation of the existing 12" AC Waterline from the
Property to within the right-of-way of the Texas Avenue Extension no later than February
2018. The existing waterline inside the Property will be abandoned in place. The District may
process the release of the waterline easement on the Property at their expense. The District
may remove or grout the abandoned waterline on the Property at their expense.
1.3 The City agrees to have received all necessary permits and be substantially complete with
construction of the Improvements no later than July 2018. Until the Texas Avenue extension
is complete, the District and their contractor(s) will have sole access to the Property from
Greenhill Drive.
1.4 As part of the Texas Avenue Extension Project, the City agrees to construct one 30'
commercial driveway to the Property (ending at the Texas Avenue north ROW line), as
shown on Exhibit "B". The driveway shall be located at an agreed location approximately
285 feet east of Greenhill Drive. The driveway is intended as the only driveway to the
Property from Texas Avenue and shall be a shared driveway if the District subdivides the
Property in the future.
2. Stormwater Detention and Treatment
2.1 In association with the Texas Avenue Extension, the City shall design and construct a
stormwater treatment and detention pond ("Improvements") within the Property as shown on
Exhibit "B". The Improvements will be designed with a connection at or near the southeast
corner of the remaining developable Property. The exact location of the connection will be
determined in coordination with the District.
2.2 The Improvements shall be constructed to have sufficient capacity to serve the Property
(assuming 75% impervious cover) and the Texas Avenue extension, both shown on Exhibit
"B", attached hereto.
2.3 The City shall be responsible for acquiring any and all necessary permits for the
construction of the Improvements. TCEQ approval of the water quality Improvements is
critical to the District's new office facility occupancy, and the submittal process will be
expedited by the City to the extent practicable. The District will be responsible for any TCEQ
required submittals associated with the use of the Improvements for the Property.
2.4 The City shall be solely responsible for all costs associated with the design, construction,
and permitting of the Improvements as shown on Exhibit "B". The District shall be solely
responsible for all costs associated with any enhanced modifications to the Improvements.
2.5 The District shall be the owner of the Improvements and will be solely responsible for the
maintenance and repair of the Improvements to ensure that it continues to perform as
designed.
2.
B.
MISCELLANEOUS PROVISIONS
1. Execution.
This Agreement may be simultaneously executed in any number of counterparts, each of
which will serve as an original and will constitute one and the same instrument.
2. Governing Law.
This Agreement will be governed by the Constitution and laws of the State of Texas.
3. Successors and Assigns.
The assignment of this Agreement by either Party is prohibited without the prior written
consent of the other Party.
4. Headings.
The captions and headings appearing in this Agreement are inserted merely to facilitate
reference and will have no bearing upon its interpretation.
5. Partial Invalidity.
If any of the terms, covenants or conditions of this Agreement, or the application of any
term, covenant, or condition, is held invalid as to any person or circumstance by any court with
jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or
conditions to other persons or circumstances, will not be affected.
6. Waiver.
Any waiver by any party of its rights with respect to a default or requirement under this
Agreement will not be deemed a waiver of any subsequent default or other matter.
7. Amendments.
This Agreement may be amended or modified only by written agreement duly authorized
and executed by the duly authorized representatives of the Parties.
8. Cooperation.
Each Party agrees to execute and deliver all such other and further instruments and
undertake such actions as are or may become necessary or convenient to effectuate the purposes
and intent of this Agreement.
3.
9. Venue.
All obligations of the Parties are performable in Williamson County, Texas and venue for
any action arising hereunder will be in Williamson County.
10. Third Party Beneficiaries.
Except as otherwise expressly provided herein, nothing in this Agreement, express or
implied, is intended to confer upon any person, other than the Parties, any rights, benefits, or
remedies under or by reason of this Agreement.
11. Representations.
Unless otherwise expressly provided, the representations, warranties, covenants,
indemnities, and other agreements will be deemed to be material and continuing, will not be
merged, and will survive the termination or expiration of this Agreement.
12. Exhibits.
All exhibits attached to this Agreement are hereby incorporated in this Agreement as if
the same were set forth in full in the body of this Agreement.
13. Entire Agreement.
This Agreement, including any attached exhibits, contains the entire agreement between
the Parties with respect to the subject matter and supersedes all previous communications,
representations, or agreements, either verbal or written, between the Parties with respect to such
matters.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed,
sealed and attested in duplicate by their duly authorized officers, as of the Effective Date.
(signatures on following page)
4.
UPPER BRUSHY CREEK WATER CONTROL
AND IMPROVEMENT DISTRICT
By:
Jeff Sawyer, President
Date:
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
Date:
Attest:
Sara White, City Clerk
5.
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION
OF A
2.539 ACRE TRACT OF LAND OUT OF THE
YEN CHUAN KUO TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING a 2.539 acre(110,615 square feet)tract of land situated in the David Curry Survey,Abstract
No. 130,City of Round Rock,Williamson County,Texas;said 2.539 acre tract being a portion of that
certain called 6.613 acre tract of land described in a Special Warranty Deed to Yen Chuan
Kuo, filed on April 19, 2007, and recorded in Document No. 2007032132, Official Public Records
of Williamson County, Texas (O.P.R.W.C.T.); said 2.539 acre tract also being a portion of Lot 1,
Block A,United Auto Parts Subdivision,filed on March 17,2008,and recorded in Cabinet EE, Slide
206, Plat Records of Williamson County, Texas (P.R.W.C.T.); Said 2.539 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the northeast corner of said 6.613 acre tract and said
Lot 1, Block A, United Auto Parts Subdivision, same being the southeast corner of Lot 1, Block A,
Green Square, filed on June 26, 2007, and recorded in Cabinet DD, Slides 176-177, P.R.W.C.T.,
same being on the west line of Lot 12,Block H,Resubdivision of Chapel Hill North Section 3 Block
H. Lot 5, filed on January 6, 1.989, and recorded in Cabinet J, Slides 205-206, P.R.W.C.T., for the
POINT OF BEGINNING and northeast corner of the herein described tract,
THENCE (L-1) South 210 197 51" East, with the east line of said 6.613 acre tract and said Lot 17
Block A, same being the west line of said Lot 12, a distance of 8151 feet to a 1/2-inch iron rod with
aluminum cap stamped"CORR ROW'(hereafter referr-ed to as"CORR cap")found, said point marking
the southwest corner of said Lot 12, said point also being the wester terminus of the north right-of-way
(R.O.W.) line of Texas Avenue (having a 60 foot width),from which a 1/2 inch iron rod found for the
northwest corner of.Lot 39,Block D,Chapel.Hill North Section 3,filed on October 4, 1984,and recorded
in Cabinet F,Slides 176-177,P.R.W.C.T.,said point also being the western terminus of the south R.O.W.
line of said Texas Avenue bears South 21° 19' 51" East, at a distance of 61.52 feet and from which a
1/2-inch iron rod found marking the southeast corner of said 6.613 acre tract and said Lot 1,Block A bears
South 21° 19' 51"East,at a distance of 358.95 feet;
THENCE traveling across the interior of said 6.613 acre tract and said Lot 1,Block A,United Auto Parts
Subdivision,the following four(4)calls:
Page 1 of 4
Exhibit"A"continued
Description of a 2.539 acre tract
1) South 55° 54' 24" West, a distance of 482.12 feet to a 1/2-inch iron rod with "CORR cap"
found for a corner of the herein described tract and being the beginning of a curve to the right;
2) (C-1) In a Westerly direction, with said curve to the right, having a delta angle of
12°52' 59", a radius of 570.00 feet, an arc length of 128.16 feet, and a chord bearing
and distance of South 62° 20' 54" West — 127.89 feet to a 1/2-inch iron rod with
"CORR cap"found for a comer of the herein described tract and being the end of said curve;
3) (L-3) South 68° 47' 23" West, a distance of 92.73 feet to a 1/2-inch iron rod with "CORR
cap" found for a corner of the herein described tract and being the beginning of a curve to the
right;
4) (C-2) In a Northwesterly direction, with said curve to the right, having a delta angle of
900 07' 51", a radius of 15.00 feet, an are length of 23.60 feet, and a chord bearing and
distance of North 66° 08' 41" West — 21.24 feet to a 1/2-inch iron rod with "CORR cap"
found for the westernmost southwest corner of the herein described tract and being the end of said
curve,said point being on the west line of said 6.613 acre tract and said Lot 1, Block A, United
Auto Parts Subdivision,said point also being on the east R.O.W.line of Greenhill Drive(having a
60 foot width), and from which a 1/2-inch iron rod found marking the southwest corner of said
6.613 acre tract and said Lot 1, Block A bears (L-5) South 21' 04' 46" East, at a distance of
166.86 feet;
THENCE (L-4) North 21° 04' 46" West,with the common east R.O.W.line of said Greenhill Drive
and the west line of said 6.613 acre tract and said Lot 1,Block A,United Auto Parts Subdivision,a distance
of 188.31 feet to a 1/2-inch iron rod found for the common northwest comer of said 6.613 acre tract and
said Lot 1,Block A and said Lot 1,Block A,Green Square and the southwest corner of said Lot 1,Block
A,Green Square;
THENCE North 68° 47' 22" East, departing the east R.O.W. line of said Greenhill. Drive, with the
common north line of said 6.613 acre tract and Lot 1, Block A, United Auto Parts Subdivision and the
south line of said Lot 1,Block A,Green Square,a distance of 704.20 feet to the POINT OF BEGIPINING
of the herein described tract, delineating and encompassing within the metes recited 2.539 acre
(110,615 square feet) of land, more or less, based on the survey and exhibit drawing made by The
Wallace Group,Inc.,Round Rock,Texas.
Page 2 of 4
Exhibit"A"continued
Description of a 2.539 acre tract
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System
(Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK
Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel. M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the
above description and exhibit drawing A-5043 attached hereto 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 Round Rock,Williamson County,Texas.
Daniel M.Flaherty,R.P.L.S.No. 5004--,
The Wallace Group, g ° " fir
A CP&Y,Inc. Company ya
One Chisholm Trail, Suite 130 gam$
Round Rock,Texas 78681 ' :; g
Ph. (512)248-0065 `"-
TBPLS Firm No. 10051701
See attached Plat No.A-5043 12-15-2016
23563-13/FN03.doc Date
Page 3 of 4
EXHIBIT "A' '
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
A 2.539 ACRE TRACT
LOCATED IN THE DAVID CURRY SURVEY, ABSTRACT 130,
AND BEING A PART OF LOT 1, BLOCK A, UNITED AUTO PARTS SUBDIVISION,
RECORDED IN CABINET EE, SLIDE 206, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
I
R�EY
I CU.ft
Y N0 j3'r LOT i RESUBDIVISION OF
UpV1 STgA�COUNTY' BLOCK A CHAPELcHLL NORTH
Aa so BLOCK H, LOT 5
�1LUIpd CAB. DDD.SD. 1 6SCIUARE 177 ' P.CABJ. R W.C.05-208
P.R.W.C.T FILED: JANUARY 6. 1989 I /
I FILED: JUNE 28, 2007 LOT 9
S (FIELD NOBLOCK H
3 ;I T1!•
C; z 15'WATER LINE EASEMENT POINT OF
CITY OF ROUND ROCK BEGINNING
VOL.1558,PG.138
O.R.W. LOT 10
C.T LOT 11
SCALA'.' P' = 200' I AFILED: JULY 21, 1987
1/2"IRF N 68'47'22" E - 704.20 1/2'IRF LOT 12
hi -
SUBDIVISION LINE 1 BLLOT OCKILOTA I� 1,�A6, F►0 .'
BLOCKIA h
DPI SUBDIVISION
o * CALLED 6.613 ACRES "- '�---.� No. L-2
CAB.M.SLD. 313-314 J YEN CHUAN KUO 4 W 482.12' W �iE
P.R.W.C.T. o DOC. NO. 2007032132° O.P.R.W.C.T. NO
FILED: MARCH 12. 1998 10 g 55Kj4'2
A
C-2 0.99~3 �
L-3 C-1p�pd _�-WAY LOT 39
TEXAS AVENUE tN1 LOT I
(BO' R.O.I.) BLOCK A CHAPEL HILL NORTH
LOT.3a 3
q J UNITED AUTO PARTS SUBDIVISION !qBLOCK D CAB.F,ECTION SID.176-177
CAB. EE, SLD. 208 F P.R.W.C.T.
LOT 5 ..� 2.539 ACRE TRACT P.R.W.C.T. 1 I FILED: OCTOBER 4. 1984
ti (110.615 SQ. FT.) FILED: MARCH 17, 2008 w LOT 37
RESUBDIVISION OF `��:,' 1ki
CHANDLER CREEK 1/2"IRFLOT 1 SUBDIVISION UNE vy 5
INDUSTRIAL PARK
SECTION N W BLOCK A 3.085 AC. °iLOT 38 UNE TABLE
CAB.E. SID. 247 (134,399 SQ. FT.) '_
P.R.W.C.T. (�� CHANDLER CREEK INDUSTRIAL PARK a UNE BEARING LENGTH
M FILED: JULY 12,1983 SECIM SIX
co CAB.I,s . 389-390
P.R.W.C.T. LOT 35 L-1 S 21'19'51' E 81.51'
I FILED: SEPTEM 30 30, 1987 SUMVISION LINE 1/2"IRF L-2 S 21'19'51' E 61.52'
— —
0
N LOT 30 LOT 31 L-3 S 6847'23" W 92.73'
�n CURVE TABLEEDT BLOCK 0 LOT 32 LAT 33 LOT 34
29 L-4 N 21'04'46" W 188.31'
cv CURVE DELTA RADIUS ARC CH. BEARING CHORD L-5 S 2t'04'46' E 166.86'
C-1 12'5259' 570.00' 128.16' S 62'20'54" W 127.89' cHAm HILL NORTH
LOT 28 CAB.SECTION SID 175-175
C-2 90'07'51' 15.00' 23.60' N 66108'41" W 21.24' P.R.W.C.T LEGEND
Q HIED: FEBRUARY 18.1983
= FOUND 1/2' IRON ROD WITH
GENERAL NOTES' ALUMINUM CAP
1. ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. STAMPED "CORR ROW"
coIr 2. SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND (UNLESS OTHERWISE NOTED)
CONDITIONS THAT MAY BE APPLICABLE P.R.W.C.T.= PUT RECORDS OF
N 3. THE SURVEYOR DID NOT ABSTRACT THE SUBv1_CT TRACT WIWAMSON COUNTY, TEXAS
4. THIS DRAWING !S ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. O.P.R.W.C.T.- OFFICIAL PUBLIC RECORDS OF
5. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM WIWAMSON COUNTY, TEXAS
D (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T.- OFFICIAL RECORDS OF
N COOPERATIVE CORS RTK NETWORK. WIWAMSON COUNTY, TEXAS
c�
3
N A CP Y COMPANY w°► �
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o a
4WACO KILLEEN DALLAS ROUND ROCK
TBPLS 10051701 1 Chisholm Trail,Suite 130, Round Rock,Texas 78681 + (512)248-0065 TBPE F-54
o I HEREBY STATE THAT T OANIEL I .FLAH
0 THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR ;. . , 5004
LAND SURVEYS IN THE STATE OF TEXAS. THE 153H DAY OF = 2016. `:; �°<< 1`
to
to
N SURVEYED: 12/13/2016 DANIEC M. FLAHERTY, R.P.L.S. NO. 5004 4 OF 4
U 0 200 400 PLAT N0. A--5043
DRAFT DATE 12--15-2016 DRAWN BY RDS
SCALE 23583 262 32 TAB A-5043:-
CL
® . WORK ORDER N0. FIELDBOOK/PG. �-
0 0 2016 ALL RIGHTS RESERVED DIGITAL FILE 23563R-13—TRACT F/N # _ 23563R-13/FN�-03
0 40 80
"IMPROVEMENTS"
snNo
FI TER
DETENTION
LOT 1B
BLOCK A
W ("PROPERTY") SED BA`.,it
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LIT XTENSION
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- - - - - - - - - - AVENUEOW.)
TEXAS (60' R
UNITED AUTO PARTS SUBDIVISIO1,
LOT 1A
BLOCK A
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EXHIBIT B UPPER BRUSHY CREEK
WATER CONTROL AND
IMPROVEMENT DISTRICT
i UPPER BRUSHY CREEK WCID - FACILITY SITE
JULY 11,2017
: � SCHEMATIC SITE PLAN