Loading...
R-08-07-10-10B1 - 7/10/2008RESOLUTION NO. R -08-07-10-10B1 WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City of Cedar Park and the City of Leander regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road, and WHEREAS, the City now desires to enter into Amendment No. 1 to the Interlocal Agreement to set forth the terms and conditions regarding the acquisition of said easements, 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 Amendment No. 1 to the Interlocal Agreement Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road with the City of Cedar Park and the City of Leander, 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 times 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 loth day of July, ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R80710B1.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas FIRST AMENDED INTERLOCAL AGREEMENT REGARDING ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE ALONG TRAILS END ROAD THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS FIRST AMENDED INTERLOCAL AGREEMENT REGARDING ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE ALONG TRAILS END ROAD ("Agreement") is entered into between the City of Round Rock, Texas, a Texas home -rule city ("Round Rock"); the City of Cedar Park, Texas, a Texas home -rule city ("Cedar Park"), and the City of Leander, Texas, a Texas home -rule city ("Leander"). In this Agreement, Round Rock, Cedar Park and Leander are sometimes individually referred to as " Party" and collectively referred to as "Parties". Recitals WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander necessitates the development of additional water treatment capacity for each of these communities; WHEREAS, the Parties have agreed to jointly pursue a regional water supply system that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties based on projected population growth; WHERES, as an integral part of the Regional Project, the Parties desire to proceed with the acquisition of temporary and permanent easements for the construction of a raw water transmission line generally following the alignment of Trails End Road located in Travis County, Texas, and more particularly described in Exhibit A (the "Easements"); WHEREAS, the Parties previously entered into that one certain Interlocal Agreement Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road, which took effect on May 1, 2008; WHEREAS, the purpose of this Agreement is to set forth the amended terms and conditions pursuant to which the Parties authorize Cedar Park to acquire the Easements and pursuant to which the Parties will participate in all costs and expenses related thereto; and NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: Page 1 of 9 I. DEFINITIONS 1 EXHIBIT When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.01 "Agreement" means this First Amended Interlocal Agreement Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road. 1.02 "BCRUA" means the Brushy Creek Regional Utility Authority. 1.03 "Cedar Park" means the City of Cedar Park, Texas. 1.04 "City Managers Committee" means the committee consisting of the City Managers for Cedar Park, Leander, and Round Rock. 1.05 "Cost Allocation Percentage" means the percentage of Easement Acquisition Costs to be paid by each Party. The Cost Allocation Percentage for each Party is as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock 38.56% 1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering representative(s) selected by each Party for purposes of overseeing the Regional Project in accordance with the PER, the PDR, and the Project Schedule. 1.07 "Easement(s)" mean the easement(s), individually or collectively, identified by type (temporary or permanent) on the tracts of real property identified on Exhibit A. 1.08 "Easement Acquisition Contract(s)" means any contract(s) for the acquisition of an easement, whether temporary or permanent, on the tracts of real property identified on Exhibit A. 1.09 "Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to acquire the easements made the basis of this Agreement. "Easement Acquisition Costs" include, but are not limited to, the Total Estimated Compensation, REVISED 05-23-08, for each easement as set forth on Exhibit A plus a contingency of forty percent (40%). Each Party shall bear its share of the Easement Acquisition Costs in accordance with the Cost Allocation Percentage set forth herein. 1.10 "Effective Date" means the last date of execution of this Agreement by the Parties; provided all of the Parties must execute this Agreement for it to be effective. 1.11 "Leander" means the City of Leander, Texas. 1.12 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. Page 2 of 9 1.13 "PDR" means the "Preliminary Design Report for the Brushy Creek Regional Water Supply Project — Phase 1 Raw Water Facilities, Floating Intake & Raw Water Pipeline" prepared by Carter & Burgess, Inc. in conjunction with HDR Engineering, Inc. and dated October 2007 1.14 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.15 "Project Schedule" means the schedule for the completion of the Regional Project as set forth in the PER and further refined in the PDR. 1.16 "Regional Project" means the regional water supply system, which will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties, based on projected population growth, as more fully described in the PER and further refined in the PDR. 1.17 "Round Rock" means the City of Round Rock, Texas. II. EASEMENT ACQUISITION CONTRACTS 2.01 Easement Acquisition. (a) In accordance with the PER and the PDR, the Parties expect to acquire the Easements for the purpose of constructing a raw water transmission line. The raw water transmission line will be an integral part of the Regional Project. The Total Estimated Compensation, REVISED 05-23-08, to be paid for each Easement is set forth on Exhibit A. However, the Parties acknowledge that the Total Estimated Compensation, REVISED 05-23-08, is an estimate and may not reflect the compensation actually paid to acquire each Easement. (b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the Easements shown on Exhibit A, either by (i) entering into one or more Easement Acquisition Contracts for the Easements or (ii) duly exercising its eminent domain authority to acquire one or more of the Easements if the exercise of such authority is necessary. Leander and Round Rock agree that Cedar Park shall acquire the Easements in its name on the condition that Cedar Park shall acquire the Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR and for use as planned in the Regional Project. Leander and Round Rock agree that Cedar Park shall have sole responsibility and authority to oversee and administer the acquisition of the Easements on the condition that Cedar Park shall acquire the Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR and for use as planned in the Regional Project. However, Cedar Park shall not enter into, modify, or amend an Easement Acquisition Contract to provide for a purchase price for an Easement in excess of the Total Estimated Compensation, REVISED 05-23-08, for such Easement set forth on Exhibit A plus a contingency of forty percent (40%). III. PAYMENT OF EASEMENT ACQUISITION COSTS. 3.01 Payment of Easement Acquisition Costs. Page 3 of 9 (a) All Easement Acquisition Costs shall be shared by the Parties according to the Cost Allocation Percentages. (b) Each Party shall pay its share of the Easement Acquisition Costs at or before the closing for each Easement to be acquired hereunder or at such other time as Cedar Park may reasonably designate. Leander and Round Rock shall promptly pay their respective shares to Cedar Park or to a title company as directed by Cedar Park from time to time. (c) After closing, the Parties shall unanimously determine whether Cedar Park (i) shall deliver to each Party its undivided interest in each Easement in accordance with the PER and the PDR or (ii) shall convey title to each tract to BCRUA. (d) In the event of any dispute among the Parties, the Parties agree that the City Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the acquisition of any Easement or the completion of the Regional Project in accordance with the Project Schedule. If the City Managers Committee is unable to resolve a dispute after reasonable and good faith efforts, then the dispute shall be referred to the Parties' respective City Councils, who shall promptly, diligently, and in good faith attempt to resolve the dispute as quickly as possible in order to minimize any disruption to the acquisition schedule or the completion of the Regional Project in accordance with the Project Schedule. The Parties agree that time is of the essence in this matter. IV. GENERAL PROVISIONS 4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code and Section 402.001, Texas Local Government Code. 4.02 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. 4.03 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement shall be paid from current revenues or other funds lawfully available to the Party for such purpose. 4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the acquisition of real property for a regional water treatment plant site and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. The Parties confirm that further agreements regarding the Regional Project are contemplated and shall not be affected or limited by this Agreement. Page 4 of 9 4.06 Amendments. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of the Parties. 4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Williamson County, Texas. 4.08 Notices. Any notices given under this Agreement shall be effective if (i) forwarded to a Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: CEDAR PARK: with copy to: ROUND ROCK: with copy to: Leander: 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Brenda Eivens Telephone: (512) 401-5020 Facsimile: (512) 401-5021 Email: roberts@ci.cedar-park.tx.us Leonard B. Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: Ismith@leonardsmithlaw.com 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile:(512) 218-7097 Email: jnuse(round-rock.tx.us Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheets@sheets-crossfield.com P.O. Box 319 Leander, Texas 78646-0319 Attn: Wayne Watts Telephone: (512) 259-1178 Facsimile: (512) 259-1605 Email: w.watts@ci.leander.tx.us with copy to: Diana Granger 223 W. Anderson Lane, Suite A-105 Page 5 of 9 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attorneys(a cityattorneytexas.com 4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 4.10 Exhibits. The following exhibit is attached to this Agreement and incorporated herein by reference: Exhibit A: Regional Water Project, Raw Water Line, Trails End (Pages 1 — 2) prepared by Lockwood Andrews Newnam, Inc. 4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. 4.12 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. SIGNATURES APPEAR ON FOLLOWING PAGES. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Page 6 of 9 CITY OF ROUND ROCK: ATTEST: By: Sara White, City Secretary Alan McGraw, Mayor Date: Page 7 of 9 ATTEST: LeAnn Quinn, City Secretary Page 8 of 9 CITY OF CEDAR PARK: By: Date: Bob Lemon, Mayor CITY OF LEANDER: ATTEST: By: Debbie Haile, City Secretary John Cowman, Mayor Date: Page 9 of 9 (7 r CO Co 0CD 0 5 D C CA a CA0 co z 7 3 m x N W V m (0 (0 A CO V W 00 co N V O j 0 Z 3 O 3 ID 0 (0 OD _ 0) O N _ N w Q° A _ 01 "' (0 CO v 0) CO W A y 3 2 O T Robert D. and Cathy Womack T Mark Ammerman T Mark Ammerman T Robert & Linda Ziemann T Ronald & Gay Klinger T Ronald & Gay Klinger T Phil & Sandy Maguire T Alex & Kelli McCarthy —I I N co 3 a x-1 co o co N sw 0 CD v m O. a r To n n —1 < co P. P. O * 2 67 Tit ra- a m -i - 0 ? B m m m W co = co I m c_ mn sZo 22 7'< m '� 73 > pL'• � V m 3?o 0 3 1 3 m O` F c m N 00 .a 0 A- m 0 F CD Lot 9, Resub of Lots 13 & 14 Trails End Subdivision, Travis County, Texas 139.376 acres out of Lot 57 Resub # 5, Trails End Subdivision, Travis County, Texas .950 Acres out of Lot 57, Resub # 5, Trails End Subdivision, Travis County, Texas 28.140 acres out of Lot 57, Resub # 5, Trails End Subdivision, Travis County, Texas 2.27 acres out of A. Hampton Survey 607, Abstract 373, Travis County, Texas 20.155 acres out of the S. Hayford Survey 53, Abstract 2246, Travis County, Texas 1 Acre ABS 2246 SUR 53 HAYFORD S Se 320 ft. of Lot 12 & N 420 ft of Lot 13, Red Wagon Ranchettes, Section 2, Travis County, Texas 14.162AC out of Lot 12, Red Wagon Ranchettes, Section 2 1.928AC OF LOT 12 Red Wagon Ranchettes, Sec 2 2.856 acres out of Lot 11 & 11.144 acres out of Lot 12, Red Wagon Ranchettes, Sec 2 17.124 acres out Lot 11, Red Wagon Ranchettes, Section 2, Travis County, Texas 11.220 acres out of 11 Red Wagon Ranchettes, Section 2, Travis County, Texas Lot 10, Red Wagon Ranchettes, Section 2, Travis County, Texas Legal description 91.548 acres out of the F. Hams Survey No. 516, ABS 364 and W. C. Doyle Survey, ABS 2626, Travi County, Texas Lot 31, Resubdivision of Lots 13 & 14, Trails End Subdivision, Travis County, Texas Lots 10-12, Resub of Lots 13&14 Trails End Subdivision, Travis County, Texas Lakefront lot Acreage fire station water treatment plant Acreage (assembled with 139 acres) Lg. ac. Res. Sm. Ac. Res. Lg. ac. Res. Lg. ac. Res. Sm. Ac. Res. Sm. Ac. Res. Lg. ac. Res. Lg. ac. Res. Lg. ac. Res. Lakefront, residential 2 0 co tunnel - 0.468, tunnel - 20,407, , Public Park perml - 1.122, perml - 48,865, $0 $0 $0 $164,821 $0 $164,821 No restoration cost to be paid, restoration will s perm2 - 0.865 perm2 - 37,869 be included in construction contract O V O co N 0)) O j W O ?. A O N CO O IV 0 0.087 0.569 O W .AA O V ppiO 0) —( O O p c0 Cn 0.041 perm, 0.053 TCE 0.822 O c0 O W CO WCO fn Co C") OO Qi 12,107 20,655 14,120 3,772 24,766 8,899 A N W CJ) A N V 1,805 perm, 2,311 TCE 35,813 A W co COA W N 0 N O 0 t(An7� A 0 f�i) N 0 W 0 N CAT 0 $2,376 $6,250 W 00)) 0 69 N O 0 EA 0 0 W (T CD N N A CAT 0 N co 0 C0 "Co U) Estimated Values in Original Interlocal Acreement (12-21-07) Updated Estimate based on Actual Costs as of 05-23-08 Estimated Add. Appraised Value or Estimated Easement Compensation for Total Est. Appraised Value or Current Estimate of Total Estimated Value (12-07) improvements and Compensation (12-07) Current Estimate of Additional Compensation Compensation, damages (12-07) . Easement Value for improvements and REVISED 05-23-08 damages (05-23-08) $27,585 69 fn 0 O N 0 49 Co 00 00 EA W ON 01 69 Cn Cn 6) W N Cn 0 9£L'l$ 0LZ`L$ 69 0 69 0-1- 0 699 0 49 CD 00 O 69 O VIEA O O EA69 4) cOn V 0 0 E9 A V 0 69 .AA O 0 $7,355 $10,655 69 CO (Vn O 69 ' N EA O CO O 69 N O 0 69 - co 0 EA .PCO V O 68 b 01 EA A i O $8,325 $2,160 O W O 69 O A EA tO (� A EA 0 EEA A A $8,379 $1,500 EA A N EA N N O W W V $23,458 000'04$ EA SO 01 (n 0 0 69 _co COO W 0 0 0 W 6j CO O EA O 0 W p• p fA O EA N O W V O pU 69 W co EA VN p EA A $17,332 $1,500 EA A O N 49 EA N 0 Co.) NV DD VOo Condemnation Condemnation Condemnation. In condemnation. Easement value only, restoration to be part of construction contract. Laydown yard may be added., no cash payment expected. Condemnation Condemnation Counteroffer pending. Counteroffer pending. No landscaping or trees in TCE; easement area revised. Laydown yard may be added., no cash payment expected. Tunnel easement, no surface damages Tunnel easement, no surface damages (7 r CO Co 0CD 0 5 D C CA a CA0 co z 7 3 m x 5,52 acres out of Lot 1, Perm. Electric Cameron E. and Stacy G. Red Wagon Ranchettes, 52 I 1 Electric Corbin Section 2, Travis County, . Texas o AA NA -a1.-.3. W _ A (T (P V 21 27 T Thomas N. Skiles 20 28 T Wayne and Eileen McDilda 19 29 - 32 T DC Properties 18 33 T Gene & Mary J Davis NA N O m cu O 3 0 T Co A N 440 W co I 36 co A N r ro 17 07 A z 0 90 Q0 Q. -( -( --I 1 --I -I -I -I--1 10 g (D 3 v Drinkard, et al Melisa Ltd, CIO Bill Pohl Lookout Partners LP Advanced Drywall Systems, Inc. Attn: William D Napier Bradley E. & Sherilyn G. Bailey James P. Hood Franklin & Joan W Crane Thomas & Pamela Jeter Richard "Rick" & Stacy L McColl Alvis L & Bonita Griffin Dennis Armstrong Estate CIO Ms. Peggy L. Armstrong Rosemarie Schwarzer Steven & Cean Embrey Owner 1.363 acres out of the C. 3. Settle Survey No. 632, Abstract 2201, Travis County, Texas 5.1617 acres out of the Jose igancio Sanchez Survey 51, Abstract 693, Travis County, Texas 1142.168 acres recorded in Vol. 13085, Page 1927 of Real Property Records of Travis County Lot 1, less .080 acres, North Rim Subdivision, Section 2, Resub of Lot 8, Travis County, Texas ILot 7, North Rim 'Subdivision, Section 2, Travis County, Texas Lot 6, North Rim Subdivision, Section 2, Travis County, Texas Lot 5, North Rim Subdivision, Section 2, Travis County, Texas Lot 4, North Rim Subdivision, Section 2, Travis County, Texas Lot 3, North Rim Subdivision, Section 2, Travis County, Texas Lot 2, North Rim Subdivision, Section 2, Travis County, Texas Lot 1, North Rim Subdivision, Travis County, Texas Lot 5, North Rim Subdivision, Travis County, Texas Lots 6 & 7 North Rim Subd 50.510 acres out of the S Hayford Survey 53, Abstract 2246, Travis County, Texas 2.341 acres out of Lot 1, Red Wagon Ranchettes, SFR Lot Section 2, Travis County, Texas Lots 7 & 8-A, Red Wagon Ranchettes, Section 2, Lg. ac. Res. Travis County, Texas 20 acres out of Lots 8 & 9, Red Wagon Ranchettes, Section 2, Lg. ac. Res. Travis County, Texas Sm. Ac. Res. acreage (commercial) acreage (commercial) acreage (commercial) 8 3 SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot 2 SFR Lot Lg. ac. Res. O N 0 0.246 perm, 0.462 TCE 0.635 perm, 2.317 TCE 0.688 perm, 0.198 TCE O co CO O O 07 O O CO O p (D 2 (O O 9 _' N 9 0) 0 9 N 9 V (0 0.459 O "co O COpK O CO O CT (w7i W O 10,702 perm, 20,110 TCE 27,667 perm, 100,916 TCE 29,970 perm, 8,644 TCE O O A j N ? V 0 A v 0) A V CO A C 0 COO CO c0 W V Cpl O 33,759 (0 (0 O -CO CO J (0 W IQ N 0 EA CO 0 69 • o N O N - W O 8W co W V �q A V 1i O O $12,600 A (CD O EA cr, O 8 EA 01 O Estimated Values in Original Interlocal Agreement (12-21-07) Updated Estimate based on Actual Costs as of 05-23-08 Estimated Add. Appraised Value or Estimated Easement Compensation for Total Est. Appraised Value or Current Estimate of Total Estimated Value (12-07) improvements and Compensation (12-07) Current Estimate of Additional Compensation Compensation, damages (12-07) Easement Value for improvements and REVISED 05-23-08 damages (05-23-08) _. O 0 N 00)) A A W (Vn N N _01 V A VN) _C�71 IV (71 .001 O �' .((0 69 NJ (4) N O 69 O 8 EA j .... (n O Po V 9 8 0 ` NN 0 N CO O O) (O CT Co O $10,825 0 A ap $10,350 01 O) 0 N W O (� CO 4..) E» 8v N W 0 69 �1 (OT Vi90y9 A1) ( EA W O N CO 00) W NJ C�1) CT $30,375 coc O _. $6,102 69 O co O O O O 0101 O $15,877 lA Po coW ffl 'co (0 CO $2,275 69 O� N a 0) W N '^' EA (Jt Q) 0 8 69 N �' EA tT 8 69 CT O 0 69 O O 69 O 69 O) (n 0 $46,252 O $17,414 Hi O $30,237 EA v tO Easement area reduced. Easement added. Electric Utility Easement Estimate of value. Easement area reduced. n N a Condemnation Condemnation. Condemnation. Condemnation D CD 3 D al. a n (O a n N a Condemnation. Agreed judgment expected. DELETED Settlement in lieu of condemnation. In condemnation. ;17 r- 0 0 W 0OPC- (D 0 � a D CD (n a (D N 2 (0(D ()7 3 n m x _0 N co co 0 w 0 w (oua6uguoO /AA ieloi co a 0 0u13913 .uuad 0 v v 3 0 a- il, m o N v 0 0 - 1 2 0 N 3 3 C. O 0 o 0 CO c a (D 3 2 N CD3^ 0 z m 51 xCJ y 01 C7o W 1 m T (i Na,• 31110a13 WJad o cu 6 5 X 2 20 m 0 p 0 0 x • 3 0 y W p Nv y 6 N O C b � O 3 C � m 12 0 3uloal3 'uuad senor .M picuaf 0u10913 'w -ted oupa!3 4 70r 0 O o A (1 z N * - L., 0 O CD O 2 a N D m - u) a a � O m R. z c) P Z 3 m 3 m A co O 3 0 3 C4 eTa ou10013 .1 -wed saleioIN lanueww3 vnm uo!lduosap le60-1 in m 0 (.n m 0 .saa .3y .ws (n 73T 0 Ci) m Z7 0 .sea oV 'WS Con O N o O Ca O W O O O O co 0 D n CO m d N m 0 0 3 a 1 7 M •O+ d 3 y N V Estimated Values in Original Interlocal Agreement (12-21-07) 69 (D N 0) W 69 O 0 D C13 N j9 O O. d y CD 0) "CO co y < o m D .LE. a) d C C O O O H. 1 O 3 {A J69 QAp EA A N O CJI coN (0 00 V C O 0) G1 0)) CO (J, 0 <• 0 < O 0 m co o O N (WO O a I o (n to 3 N C co W t5 0. O Updated Estimate based on Actual Costs as of 05-23-08 luawase3 , ij!lfl o!JPOO luawase3 "3!1!3(1 ouloal3 m 0 m m 2 ID . 0 _ C) 3 C 03 C m m CD 0 O 0 O (D 3 m 3 3 O co c co yID CA y 3. 3. (O CO 3' 3- O 0 N O C) 0 O 0 O 0 CA 00 m _m m 3 2 2 R. 0 0 3c c c-_-. m m v w O 0 co 3 3 3 ' 3 �m 0 y Ch y M. ‚3. DATE: July 1, 2008 SUBJECT: City Council Meeting — July 10, 2008 ITEM: 1081. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Interlocal Agreement with Cedar Park and Leander regarding Acquisition of Easements for Construction of a raw water transmission line along Trails End Road. Department: Water and Wastewater Utilities Staff Person: Michael D. Thane, P.E., Director of Utilities Justification: This Amendment No. 1 to the Interlocal Agreement adjusts the temporary and permanent easement costs after obtaining appraisals or after obtaining actual condemnation settlements for the various tracts. The original interlocal agreement estimated the costs for acquiring the temporary and permanent easements for the raw water line which will extend along Trails End Road. Funding: Cost: Source of funds: Outside Resources: Original Interlocal Agreement - $582,672.06 Amendment No. 1— ($10,133.96) Capital Project Funds (Self -Financed Utility) City of Cedar Park and City of Leander Lockwood, Andrews, and Newnam (LAN) Background Information: The original Interlocal Agreement between the three Cities outlined the procedure to which the Cities authorized Cedar Park to acquire the easements and the process in which the Cities would participate in all costs and expenses related to the acquisition of the easements. The easements are for the construction of the raw water transmission line that begins at the lake intake and generally follows the alignment of Trails End Road to RM1431 and then eventually to the Regional Water Treatment Plant. All easement acquisition costs shall be shared by the Cities according to their ultimate capacity allocation percentage in the Regional Water System. These percentages are Round Rock (38.56%); Cedar Park (14.18%); and Leander (47.26%). Public Comment: Several public meetings have been conducted for the property owners that will be impacted by the easement acquisitions and pipeline construction. EXECUTED DOCUMENT FOLLOWS FIRST AMENDED INTERLOCAL AGREEMENT REGARDING ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE ALONG TRAILS END ROAD THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: THIS FIRST AMENDED INTERLOCAL AGREEMENT REGARDING ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE ALONG TRAILS END ROAD ("Agreement") is entered into between the City of Round Rock, Texas, a Texas home -rule city ("Round Rock"); the City of Cedar Park, Texas, a Texas home -rule city ("Cedar Park"), and the City of Leander, Texas, a Texas home -rule city ("Leander"). In this Agreement, Round Rock, Cedar Park and Leander are sometimes individually referred to as " Party" and collectively referred to as "Parties". Recitals WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander necessitates the development of additional water treatment capacity for each of these communities; WHEREAS, the Parties have agreed to jointly pursue a regional water supply system that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties based on projected population growth; WHERES, as an integral part of the Regional Project, the Parties desire to proceed with the acquisition of temporary and permanent easements for the construction of a raw water transmission line generally following the alignment of Trails End Road located in Travis County, Texas, and more particularly described in Exhibit A (the "Easements"); WHEREAS, the Parties previously entered into that one certain Interlocal Agreement Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road, which took effect on May 1, 2008; WHEREAS, the purpose of this Agreement is to set forth the amended terms and conditions pursuant to which the Parties authorize Cedar Park to acquire the Easements and pursuant to which the Parties will participate in all costs and expenses related thereto; and NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: I. DEFINITIONS Page 1 of 9 LO -- 10131 When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.01 "Agreement" means this First Amended Interlocal Agreement Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road. 1.02 "BCRUA" means the Brushy Creek Regional Utility Authority. 1.03 "Cedar Park" means the City of Cedar Park, Texas. 1.04 "City Managers Committee" means the committee consisting of the City Managers for Cedar Park, Leander, and Round Rock. 1.05 "Cost Allocation Percentage" means the percentage of Easement Acquisition Costs to be paid by each Party. The Cost Allocation Percentage for each Party is as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock 38.56% 1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering representative(s) selected by each Party for purposes of overseeing the Regional Project in accordance with the PER, the PDR, and the Project Schedule. 1.07 "Easement(s)" mean the easement(s), individually or collectively, identified by type (temporary or permanent) on the tracts of real property identified on Exhibit A. 1.08 "Easement Acquisition Contract(s)" means any contract(s) for the acquisition of an easement, whether temporary or permanent, on the tracts of real property identified on Exhibit A. 1.09 "Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to acquire the easements made the basis of this Agreement. "Easement Acquisition Costs" include, but are not limited to, the Total Estimated Compensation, REVISED 05-23-08, for each easement as set forth on Exhibit A plus a contingency of forty percent (40%). Each Party shall bear its share of the Easement Acquisition Costs in accordance with the Cost Allocation Percentage set forth herein. 1.10 "Effective Date" means the last date of execution of this Agreement by the Parties; provided all of the Parties must execute this Agreement for it to be effective. 1.11 "Leander" means the City of Leander, Texas. 1.12 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. Page 2 of 9 1.13 "PDR" means the "Preliminary Design Report for the Brushy Creek Regional Water Supply Project — Phase 1 Raw Water Facilities, Floating Intake & Raw Water Pipeline" prepared by Carter & Burgess, Inc. in conjunction with HDR Engineering, Inc. and dated October 2007 1.14 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.15 "Project Schedule" means the schedule for the completion of the Regional Project as set forth in the PER and further refined in the PDR. 1.16 "Regional Project" means the regional water supply system, which will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties, based on projected population growth, as more fully described in the PER and further refined in the PDR. 1.17 "Round Rock" means the City of Round Rock, Texas. II. EASEMENT ACQUISITION CONTRACTS 2.01 Easement Acquisition. (a) In accordance with the PER and the PDR, the Parties expect to acquire the Easements for the purpose of constructing a raw water transmission line. The raw water transmission line will be an integral part of the Regional Project. The Total Estimated Compensation, REVISED 05-23-08, to be paid for each Easement is set forth on Exhibit A. However, the Parties acknowledge that the Total Estimated Compensation, REVISED 05-23-08, is an estimate and may not reflect the compensation actually paid to acquire each Easement. (b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the Easements shown on Exhibit A, either by (i) entering into one or more Easement Acquisition Contracts for the Easements or (ii) duly exercising its eminent domain authority to acquire one or more of the Easements if the exercise of such authority is necessary. Leander and Round Rock agree that Cedar Park shall acquire the Easements in its name on the condition that Cedar Park shall acquire the Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR and for use as planned in the Regional Project. Leander and Round Rock agree that Cedar Park shall have sole responsibility and authority to oversee and administer the acquisition of the Easements on the condition that Cedar Park shall acquire the Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR and for use as planned in the Regional Project. However, Cedar Park shall not enter into, modify, or amend an Easement Acquisition Contract to provide for a purchase price for an Easement in excess of the Total Estimated Compensation, REVISED 05-23-08, for such Easement set forth on Exhibit A plus a contingency of forty percent (40%). III. PAYMENT OF EASEMENT ACQUISITION COSTS. 3.01 Payment of Easement Acquisition Costs. Page 3 of 9 (a) All Easement Acquisition Costs shall be shared by the Parties according to the Cost Allocation Percentages. (b) Each Party shall pay its share of the Easement Acquisition Costs at or before the closing for each Easement to be acquired hereunder or at such other time as Cedar Park may reasonably designate. Leander and Round Rock shall promptly pay their respective shares to Cedar Park or to a title company as directed by Cedar Park from time to time. (c) After closing, the Parties shall unanimously determine whether Cedar Park (i) shall deliver to each Party its undivided interest in each Easement in accordance with the PER and the PDR or (ii) shall convey title to each tract to BCRUA. (d) In the event of any dispute among the Parties, the Parties agree that the City Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the acquisition of any Easement or the completion of the Regional Project in accordance with the Project Schedule. If the City Managers Committee is unable to resolve a dispute after reasonable and good faith efforts, then the dispute shall be referred to the Parties' respective City Councils, who shall promptly, diligently, and in good faith attempt to resolve the dispute as quickly as possible in order to minimize any disruption to the acquisition schedule or the completion of the Regional Project in accordance with the Project Schedule. The Parties agree that time is of the essence in this matter. IV. GENERAL PROVISIONS 4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code and Section 402.001, Texas Local Government Code. 4.02 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. 4.03 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement shall be paid from current revenues or other funds lawfully available to the Party for such purpose. 4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the acquisition of real property for a regional water treatment plant site and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. The Parties confirm that further agreements regarding the Regional Project are contemplated and shall not be affected or limited by this Agreement. Page 4 of 9 4.06 Amendments. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of the Parties. 4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Williamson County, Texas. 4.08 Notices. Any notices given under this Agreement shall be effective if (i) forwarded to a Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: CEDAR PARK: with copy to: ROUND ROCK: with copy to: Leander: 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Brenda Eivens Telephone: (512) 401-5020 Facsimile: (512) 401-5021 Email: robertsci.cedar-park.tx.us Leonard B. Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: lsmith( leonardsmithlaw.com 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile:(512) 218-7097 Email: inuse(ci round-rock.tx.us Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheets(Usheets-crossfield.com P.O. Box 319 Leander, Texas 78646-0319 Attn: Wayne Watts Telephone: (512) 259-1178 Facsimile: (512) 259-1605 Email: w.watts@ci.leander.tx.us with copy to: Diana Granger 223 W. Anderson Lane, Suite A-105 Page 5 of 9 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attorneys(a cityattorneytexas.com 4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 4.10 Exhibits. The following exhibit is attached to this Agreement and incorporated herein by reference: Exhibit A: Regional Water Project, Raw Water Line, Trails End (Pages 1 — 2) prepared by Lockwood Andrews Newnam, Inc. 4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. 4.12 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. SIGNATURES APPEAR ON FOLLOWING PAGES. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Page 6 of 9 ATTEST: CITY OF ROUND ROCK: By: �laG/ Sara White, City Secretary Alan McGraw, Mayor Page 7 of 9 Date: q-_ (0, Uv ATTEST: LeAnn Quinn, City Secretary Page 8 of 9 R - Or? —O—10'10�� CITY OF CEDAR PARK: By: Date: Bob Lemon, M yor ATTEST: Debbie Haile, City Secretary Page 9 of 9 OS,- 01- -1 -(pg CITY OF LEANDER: By: John C Date: an, Mayor 7/70(s2/ 2/ Orn N) Ca N W J a a 000 AA N Ca W a, N 7Oa V O -& O1 z 3 ° 3 co 10 m m m N Z.; Re A m - 0 10 m - m 1r w A -.3 * 7 d fID a z 9 -i H H 1 1 1 -1 1 1 1 1 1 1 Q 1 0. -4 '0 3 CID 3 v Alex & Kelli McCarthy Phil & Sandy Maguire Ronald & Gay Klinger Ronald & Gay Klinger Robert & Linda Ziemann Mark Ammerman Mark Ammerman Robert D. and Cathy 1 Womack Jack Schmitt & Jeanne Bazar LCRA (Sandy Creek WTP) HJ Trails End Ltd. Travis County ESD #1 Jon S & Trudy (Gertrude) R Henke Dr. George & BertiIle Shannan HJ Trails End Ltd. (fka TLS) LCRA (Sandy Creek Park) Trails End Homeowners Association, Inc C/O June & Jim Roberts Owner Lot 10, Red Wagon Ranchettes, Section 2, Travis County, Texas 11.220 acres out of 11 Red Wagon Ranchettes, Section 2, Travis County, Texas 17.124 acres out Lot 11, Red Wagon Ranchettes, Section 2, Travis County, Texas 2.856 acres out of Lot 11 & 11.144 acres out of Lot 12, Red Wagon Ranchettes, Sec 2 1.928AC OF LOT 12 Red Wagon Ranchettes, Sec 2 14.162AC out of Lot 12, Red Wagon Ranchettes, Section 2 Se 320 ft. of Lot 12 & N 420 ft of Lot 13, Red Wagon Ranchettes, Section 2, Travis County, Texas 1 Acre ABS 2246 SUR 531 HAYFORD S 20.155 acres out of the S. Hayford Survey 53, Abstract 2246, Travis County, Texas 28.140 acres out of Lot 57, Resub # 5, Trails End Subdivision, Travis County, Texas 2.27 acres out of A. Hampton Survey 607, Abstract 373, Travis County, Texas .950 Acres out of Lot 57, Resub # 5, Trails End Subdivision, Travis County, Texas Lots 10-12, Resub of Lots 13&14 Trails End Subdivision, Travis County, Texas Lot 9, Resub of Lots 13 & 14 Trails End Subdivision, Travis County, Texas 139.376 acres out of Lot 57 Resub # 5, Trails End Subdivision, Travis County, Texas 91.548 acres out of the F. Hams Survey No. 516, ABS 364 and W. C. Doyle Survey, ABS 2626, Travis County, Texas Lot 31, Resubdivision of Lots 13 & 14, Trails End Subdivision, Travis County, Texas Legal description Lg. ac. Res. Lg. ac. Res. Lg. ac. Res. Sm. Ac. Res. Sm. Ac. Res. Lg. ac. Res. Lg. ac. Res. Sm. Ac. Res. Lg. ac. Res. water treatment plant Acreage (assembled with 139 acres) (D °' 0 Lakefront, residential Lakefront lot Acreage HOA Park c v v o) R- o0 m ea V O O P N 0) O A co O A A o N coo 0 pON A o (n c0 0.087 O (.3) A o V N -. O 0 0 O 01 0.041 perm, 0.053 TCE 0.822 o p CO0 tunnel - 0.468, perml - 1.122, perm2 - 0.865 0.382 m D 0 bo 18,006 01 01 12,107 co (00 24,766 W V N 14,120 N _, W U1bo co A V 1,805 perm, 2,311 TCE 35,813 A A tunnel - 20,407, perm1 -48,865, perm2 - 37,869 16,648 Area (SF) N O N O O r(7� A O Cell - O EA VV W O N 011 O 0) te (Nj1 O $2,376 W 01 0) O $11,000 $22,000 W 01 (�O 01 A 01 N 0 69 9 no 01 ffl O Estimated Easement Value (12-07) 1 Estimated Values in Original Interlocal Agreement (12-21-07) $27,585 C5T CO O 49 O t3.) 0 69 CO 00O O EA W CNT EA U1 o CO 00 EA V 0)) EA V N O EA O EA O EA cn EA CO 0 69 O EA O EA O 69 O Estimated Add. Compensation for improvements and damages (12-07) 0) Cn EA V O EAN 9 0 A o $10,655 EA v U1 EA CO V 0 yg ? N EA 0 ao co $21,900 $22,000 EA A cn O 69 CO 0 CT A 0 N O W CN 11 0 Total Est. Compensation (12-07) W O W EA 0 pO O N CCD W EA O al EA AA O EA O 69 90 -4 EA A N EA N W EA 0) V EA 0) N Appraised Value or Current Estimate of Easement Value Updated Estimate based on Actual Costs as of 05-23-08 $23,458 9 00 O Hi69 01 01 4/9 0 69 0 co CO fA 0 EA 0 EA 0 69 0 Appraised Value or Current Estimate of Additional Compensation for improvements and damages (05-23-08) W N W $18,650 6_9 O 0 O EA co(IIEA O O W N O N bo 0 O W V 0 O U O O EA W Q) N EA V COj1 O EA A pO O 00 O EA V W N EA A A 0 N N co O N V EA 0) m KJ Total Estimated Compensation, REVISED 05-23-08 8 m .7.,.. m 0 5' 3 > ='0 3 > > CD 3 n 3 c- o a 10 3 3 o a 9 Condemnation Condemnation Easement value only, restoration to be part of construction contract. Laydown yard may be added., no cash payment expected. Tunnel easement, no surface damages No landscaping or trees in TCE; easement area revised. Laydown yard may be added., no cash payment expected. No restoration cost to be paid, restoration will be included in construction contract Tunnel easement, no surface damages Comments 7)r LIo O 77* co 0 CD O a 0. D CD z co a m y z CD 7) d 3 F m x _0 N TA 0 N A A N W A (n CP V (P f0 O -N+ p 01 O m N 0 3 A 0 m j 0 W A IO N ,0 to W V 0 Go N ? W N cO W N W V N N p a � a Z O Perm. Electric Q. -I W -I Q. -I -1 --I -I -I 1 -I -I -I 1 -1 -I i 1 A 3 N 3 v Cameron E. and Stacy G. Corbin Drinkard, et al Melisa Ltd, CIO Bit Pohl Lookout Partners LP Advanced Drywall Systems, Inc. Attn: William D Napier Bradley E. & Sherilyn G. Bailey 0 0) 3 (0 (.0 v 1 8.0 Franklin & Joan W Crane Thomas & Pamela Jeter Richard "Rick" & Stacy L McColl Alvis L & Bonita Griffin Gene & Mary J Davis DC Properties Wayne and Eileen McDilda Thomas N. Skiles Dennis Armstrong Estate C/O Ms. Peggy L. Armstrong Rosemarie Schwarzer Steven & Cean Embrey Owner 5.52 acres out of Lot 1, Red Wagon Ranchettes, Section 2, Travis County, Texas 1.363 acres out of the C. G. Settle Survey No. 632, Abstract 2201, Travis County, Texas 5.1617 acres out of the Jose Igancio Sanchez Survey 51, Abstract 693, Travis County, Texas 1142.168 acres recorded in Vol. 13085, Page 1927 of Real Property Records of Travis County Lot 1, less .080 acres, North Rim Subdivision, Section 2, Resub of Lot 8, Travis County, Texas Lot 7, North Rim Subdivision, Section 2, Travis County, Texas Lot 6, North Rim Subdivision, Section 2, Travis County, Texas Lot 5, North Rim Subdivision, Section 2, 'Travis County, Texas Lot 4, North Rim Subdivision, Section 2, Travis County, Texas Lot 3, North Rim Subdivision, Section 2, Travis County, Texas Lot 2, North Rim Subdivision, Section 2, Travis County, Texas Lot 1, North Rim Subdivision, Travis County, Texas Lot 5, North Rim Subdivision, Travis County, Texas Lots 6 & 7 North Rim Subd 50.510 acres out of the S. Hayford Survey 53, Abstract 2246, Travis County, Texas 2.341 acres out of Lot 1, Red Wagon Ranchettes, Section 2, Travis County, Texas Lots 7 & 8-A, Red Wagon Ranchettes, Section 2, Travis County, Texas 20 acres out of Lots 8 & 9, Red Wagon Ranchettes, Section 2, Travis County, Texas Legal description Sm. Ac. Res. acreage (commercial) acreage (commercial) acreage (commercial) SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot SFR Lot Lg. ac. Res. SFR Lot Lg. ac. Res. Lg. ac. Res. v A A 9 N (^) 0.246 perm, 0.462 TCE 0.635 perm, 2.317 TCE 0.688 perm, 0.198 TCE O (W0 o 00 0 (00 0 (00 0 COO o _, Ni O OW) O N 9 V (VT 0.459 0 Co V 0 N b CO o CT CWT D d D <T CO 10,702 perm, 20,110 TCE 27,667 perm, 100,916 TCE 29,970 perm, 8,644 TCE 0) 0 A. j N A V (GO A V W A. V 00 A 00 0W 01 (O W V in 0N 33,759 (0 COco p <OT CO (T V - W IJ W Area (SF) N 00 V O CONEA 0 0 0 $13,050 Ni V 0 EA N CO0 V EA co O (T (A co O W fA W 0 V b9 ? O) A V Ni 01 O N O 00 -c69 oo O O 'CO(�T O $12,000 $5,870 Estimated Easement Value (12-07) Estimated Values in Original Interlocal Agreement (12-21-07) p o'Co 00 $2,686 �p A A $3,575 V N (�J( V A NiN $5,625 -00 0 (� 0 -((0 01 N O FA O EA N _. CT Estimated Add. Compensation for improvements and damages (12-07) O V 93 V O O O O 69 co N O O N W O o _(�7( O c- 0) T O $10,825 CO j A W (WO _, O CO CT O .69 0)) 07 0 O O N W 00 (0 O , c0 W Ni CT 69 V ? N N W M 0 O EA V (0 00 CT Total Est. Compensation (12-07) V cri Efl 0 N N 00) $63,245 cNT (0 W W O N Appraised Value or Current Estimate of Easement Value Updated Estimate based on Actual Costs as of 05-23-08 01 EAO O V O O O EA co V W (A OD N Appraised Value or Current Estimate of Additional Compensation for improvements and damages (05-23-08) N N V CT EA 0 N 0 O W 0) W (.1( CT o ffl O 0 N EA O 0 $15,000 O O O (OTS EA ) N ( 0) N N EA 0 EA V '� ? EA O EA O N CO EA V (O j Total Estimated Compensation, REVISED 05-23-08 m 0 4-Z co IT (0 3 CD m N 3 0.. N a a m N N a co a c a m co 0' _ m O2 m m m CO m 3 0 3 d m' m m a c m 0. C) 5 a n O 7 N 7 o 7 Condemnation. Condemnation. Condemnation Condemnation 0 5 a Closed (Condemnation. Agreed judgment expected. DELETED Settlement in lieu of condemnation. In condemnation. Comments m x Q Aoue6uiluoO /M lelo.L N N 0) 0) 0 4 r 03 0 A N O ry al CO O O OD CON V CD N a W m 0 m 0 3 m m M 6 Electric 7 Electric (n m 2. A m a n 2 Electric 3 Electric g d a m 0 Perri. Electric Perm. Electric I Perm. Electric Perm. Electric Perm. Electric Perm. Electric CD 1 CD 3 v Robert M Hays (wife Marylin K Hays) Marilyn Waldrop (aka Marilyn Hays) Owner Rowland and Mary Valencia, aka Rolando, Roland Kurt Emmanuel Morales Travis F. and Kristin M. Hoiliman Jerold W. Jones Legal description 3.960 acres out of Lot 1 Red, Wagon Ranchettes, Section 2, Travis County, Texas Lot 2 of Tierra North, Travis County, Texas Lot 1 of Tierra North, Travis County, Texas 3.74 acres out of the Samuel Hayford Survey No. 53, Travis County, Texas 1.004 acres out of the Samuel Hayford Survey No. 53, Travis County, Texas 2.008 acres (tract 1 & 2) out of the Samuel Hayford Survey No. 53, Travis County, Texas Sm. Ac. Res. SFR Lot SFR Lot Sm. Ac. Res. SFR Lot SFR Lot v g '0 v v CD m O cn O 0 b (T1 0.014 0.023 0.037 p 8 CO D co D n N 0 (71 - O OOD - 0) N _O O COW p Area (SF) 4,276 Estimated Easement Value (12-07) Estimated Values in Original Interlocal Agreement (12-21-07) Estimated Add. Compensation for improvements and damages (12-07) Total Est. Compensation (12-07) 69 ) N �q EA W 0 �q 69 O N (V)1 Appraised Value or Current Estimate of Easement Value $1,390 1 Updated Estimate based on Actual Costs as of 05-23-08 Efl O EA O $45,735 $42,775 CO O p V 0 Appraised Value or Current Estimate of Additional Compensation for improvements and damages (05-23-08) $0 0 D cn N �g A W 0) W O m CO (r Efl O ( 710 O Total Estimated Compensation, REVISED 05-23-08 $1,390 Comments Electric Utility Easement Electric Utility Easement; access rights across parent tract. Electric Utility Easement; access rights across parent tract. Electric Utility Easement; access rights across parent tract. Electric Utility Easement !Electric Utility Easement m x 0• D