CM-2018-1795 - 7/27/2018MEMORANDUM OF UNDERSTANDING
CITY OF ROUND ROCK
TEXAS DEPARTMENT OF TRANSPORTATION,
Georgetown District Office
This Memorandum of Understanding ("MOU") is made to be effective May 1, 2018 by and
between the Texas Department of Transportation by and through the Georgetown District Office,
("TxDOT") and the City of Round Rock, an incorporated city within the State of Texas
("CORR").
WHEREAS, CORR currently owns and operates an access easement within the MOKAN
ROW adjacent to the Kenney Fort Subdivision and the South Creek Subdivision in Williamson
County, and
WHEREAS, TxDOT owns MOKAN ROW, which approaches, traverses a section, and
runs between Forest Creek Drive and Palm Valley Boulevard, and
WHEREAS, the CORK wishes to amend the current access easement to align with the
constructed road of Stockade Crossing within the Kenney Fort Subdivision, and
WHEREAS, that amended access easement covered by this MOU has been surveyed and
the survey is attached to this MOU as Exhibit A.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the
parties hereto, and of other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. TxDOT conveys unto CORR a perpetual emergency access easement granting the right
of free and uninterrupted ingress and egress for persons, vehicles, and equipment necessary or
convenient for use in TxDOT's exercise of its rights in that certain tract of land described in
Exhibit "A" attached hereto and incorporated herein for all purposes.
2. The easement, rights and privileges granted herein are not exclusive, and TxDOT may
convey other easements or conflicting rights within the area covered by this grant without the
consent of CORR. TxDOT, however, shall take reasonable safeguards to protect the integrity of
CORR's rights of ingress and egress. TxDOT also retains, reserves, and shall continue to enjoy
the surface of such easements for any and all purposes which do not interfere with and prevent
the use by CORR of the easement. Neither TxDOT nor CORR may amend, release, or modify
this easement without the express written consent of TxDOT and the CORR.
399883 l
4. Miscellaneous:
A. Neither party may assign its responsibilities hereunder to any other person or entity
without the prior written consent of the other party.
B. This MOU embodies the entire agreement of the parties as of the date hereof
concerning the subject matter of this MOU. This MOU may be amended only by an
agreement in writing signed by the parties hereto.
C. Executed copies of this MOU shall be deemed to be an original copy and shall
constitute one agreement binding on all parties hereto.
D. In no event will TxDOT be liable for any losses or damages for failure to notify
CORR as provided herein.
S. Notices
Any notice to be given under this agreement shall be by email or regular USPS mail to
each party at the address shown below.
If to TxDOT: Area Engineer
Email: bobby.ramthun@txdot.gov
Assistant Area Engineer
Email: john.peters(i4xdot.gov
TxDOT Georgetown Area Office
2727 S Austin Ave.
Georgetown, Texas 78626
Phone (512) 930-5402
If to CORR: Director of Planning
301 West Bagdad, Suite 210
Round Rock, Texas 78664
Brad Wiseman ; bwiseman(#oundrocktexas.gov>
399883
2
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Printed Name: Bobby A. Ramthun, P. E.
Title: Area Engineer
CITY OF ROUND ROCK
By:
Printed Name: LAug—le�.r�,
Title. �oC�[L 1j wiage
3
399883
SKETCH TO ACCOMPANY DESCRIPTION
EXHIBIT „A„ (SEE DESCRIP77ON ON A SEPARATE ATTACHMENT)
MA TCH LINE - SEE SHEET 2
C6 C5 1 —
6
L35
5
1 SOUTH CREEK -
SECTION TWEL VE
CAB. L, SLD. 259-262 PRWC,
11 LOT 1 C4 4 `
1 BLOCK F
C21 3
KENNEY FORT SECTION 2 , , 2
L O �
DOC. No. 2017048752 OPRWC� ,
p r ,
x 1 2
UD 3 -
BLOCK G
�p p - - I
POC
, KENNEY FORT SECTION 1
Lr � v \ � 20' EASEMENT DOC. No. 2015110788 OPRWC
0.456 ACRE } 1 I
m BLOCK F
1 C BLOCK G
STOCKADE Zj
�' Poe CROSSING z
---LOT 22— 1 n
l BLOCK A '
DA TE.• JUNE 6, 2018 SCALE.' I" = 60'
SHEET 1 OF 3
0
R=.3290.00'
L=19.33'
0=0070'12"
CH=S0655'26 E
CHD=19.JJ'
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PARKLAND FI
& DSSE
29
1
FOUND
MASONRY NAIL
IN CONCRETE
KENNEY FORT
` SECTION 2
1 DOC. No. 2017048752\
OPRWC
DA TF: JUNE 8, 2018 SCALE: 1" = 60'
SHEET 2 OF 3
`
SOUTH CREEK
SECTION TWEL VE
BLOCK G
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CAB. L, SLD. 259-262 PRWC
11 1
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11LO
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BLOC
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20' EASEMENT
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MATCH LINE - SEE SHEET 1
DA TF: JUNE 8, 2018 SCALE: 1" = 60'
SHEET 2 OF 3
NOTES.•
o = SET 1/2" IRON ROD WITH RJ SURVEYING CAP
I = ANGLE POINT
DRWC = DEED RECORDS OF WILLIAMSON COUNTY
OPRWC = OFFICIAL PUBLIC RECORDS OF MLLIAMSON COUNTY
ORWC = OFFICIAL RECORDS OF WILLIAMSON COUNTY
PRWC = PLAT RECORDS OF WILLIAMSON COUNTY
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203).
DA 7F• JUNE 8, 2018
SHEET 3 OF 3
LINE TABLE
CURVE TABLE
LINE
BEARING
LENGTH
Ll
5027434 "E
106.39'
L2
NO2 05'50"W
129.30'
L3
NO2 05'50"W
89.21'
L4
NO2 05'50"W
30.55'
L5
N843724 "W
30.70'
L6
N00'1928"W
84.21'
L7
56701'54"W
7.75'
L8
N87-17'33"E 1
132.10'
NOTES.•
o = SET 1/2" IRON ROD WITH RJ SURVEYING CAP
I = ANGLE POINT
DRWC = DEED RECORDS OF WILLIAMSON COUNTY
OPRWC = OFFICIAL PUBLIC RECORDS OF MLLIAMSON COUNTY
ORWC = OFFICIAL RECORDS OF WILLIAMSON COUNTY
PRWC = PLAT RECORDS OF WILLIAMSON COUNTY
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203).
DA 7F• JUNE 8, 2018
SHEET 3 OF 3
CURVE TABLE
CURVE
LENGTH
RADIUS
DEL TA
CHORD BRNG.
CHORD
Cl
51.62
44.00
6772'50"
N35 42'15"W
48.71
C2
33.57
44.00
43'4246"
N23 57'13"W
32.76
C3
67.14
44.00
8725:31 "
NO2'05'50"W
60.81
C4
33.57
44.00
434246"
N19 45'33"E
32.76
C5
34.35
44.00
44'43'36"
N24 27'38"W
33.48
C6
34.35
44.00
444J'36"
N242738"W
33.48
C7
6338
44.00
8231'34"
N4321'37"W
58.04
C8
62.24
72.00
4931'35"
N595l'36"W
60.32
C9
93.14
125.00
42'41'J5"
N 13 45'01 "W
91.00
C10
28.80
150.00
1100'08"
NO2 0542"E
28.76
Cil
49.60
922.23
304'54"
N0151'55"W
49.59
C12
68.81
35.00
11238'38"
I N5638'47"W 1
58.25
NOTES.•
o = SET 1/2" IRON ROD WITH RJ SURVEYING CAP
I = ANGLE POINT
DRWC = DEED RECORDS OF WILLIAMSON COUNTY
OPRWC = OFFICIAL PUBLIC RECORDS OF MLLIAMSON COUNTY
ORWC = OFFICIAL RECORDS OF WILLIAMSON COUNTY
PRWC = PLAT RECORDS OF WILLIAMSON COUNTY
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203).
DA 7F• JUNE 8, 2018
SHEET 3 OF 3
City of Round Rock
ROUND aocK Agenda Item Summary
Agenda Number:
Title: Consideration and possible execution of a Memorandum of Understanding
between the City of Round Rock and the Texas Department of Transportation
allowing a 20' wide emergency access across a position of the MOKAN
Right of Way owned by the Texas Department of Transportation, from the
City of Round Rock water tank to Kenney Fort subdivision.
Type: City Manager Item
Governing Body: City Council
Agenda Date: 7/27/2018
Dept Director: Brad Wiseman, Director of the Planning and Development Services Department
Cost: $0.00
Indexes:
Attachments: Kenney Fort MOU TxDot - Updated (07.12.2018).pdf (00405258-2xA08F8)
Department: Planning and Development Services Department
Text of Legislative File CM -2018-1795
Consideration and possible execution of a Memorandum of Understanding between the
City of Round Rock and the Texas Department of Transportation allowing a 20' wide
emergency access across a position of the MOKAN Right of Way owned by the Texas
Department of Transportation, from the City of Round Rock water tank to Kenney Fort
subdivision.
Meritage Homes was permitted a temporary emergency access through a platted lot to the
Kenney Fort Subdivsion. Meritage Homes is now proposing to construct a 20' wide
emergency access from the City of Round Rock water tank to the Kenney Fort subdivision
that will require crossing the MOKAN Right of Way, owned by Texas Department of
Transportation.
Cityo/ Round Rock Page 1 Painted on 7/25/2018