CM-2018-1915 - 10/1/2018POSSESSION AND USE AGREEMENT
STATE OF TEXAS §
CITY OF WILLIAMSON §
This Possession and Use Agreement (the "Agreement") between ROUND ROCK, TEXAS ("City"), and
`Grantor" whether one or more), grants to the City, their contractors, agents
and all others erred necessary by the City, an irrevocable right to possession and use of portions of
Grantor's property, as described in Exhibit "A", attached hereto, ("Grantor's Property") for the purpose
of constructing drainz.geways, underground storm drains, and related appurtenances (the "Project"). The
property subject to this Agreement will run along the eastern and southern boundaries of Grantor's
property and is described more fully in the descriptions attached as "Exhibit `B" and made a part of this
Agreement by reference (the "Property").
1. For the considerations set forth in Paragraph 8 below, the receipt and sufficiency of which is
acknowledged, the Grantor grants, conveys, and dedicates to the City the right of entry and exclusive
possession and us-- of the Property for the purpose of constructing drainageways, underground storm
drains, and appurtenances thereto and the right to remove any improvements. Authorized activities
include surveying. inspection, environmental studies, archeological studies, clearing, demolition,
construction and maintenance of permanent improvements, and other work required to be performed
in connection with the Project. Additionally, Grantor will allow the City all necessary temporary
construction/stagi-ig easements needed to complete the Project. These temporary easements, including
temporary access easements, will be agreed upon by the parties prior to construction. Grantor will
allow the City to perform grading in these temporary easements abutting the Property where necessary
to extend the side slopes of open channels constructed to meet natural ground elevation.
2. The effective date of this Agreement will be the date on which this Agreement is approved by the City
(the "Effective Date").
3. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to City in a title commitment, and that proper releases will be
executed for the Property prior to easement conveyance. The Grantor further warrants that no other
person or entity owns an interest in the fee title to the Property and further agrees to indemnify the
City from all unreleased or undisclosed liens, claims or encumbrances affecting the Property.
4. This Agreement shall continue to remain in effect until the City receives easements to the Property.
Easements will be executed after the conditions stated in Section 8, below, are completed.
S. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
6. The City will, to the extent allowed by law, be liable for all damage or injury to persons or property
resulting from the activities of the City, its agents, employees, assignees, contractors, subcontractors,
or other parties in coming upon or about Grantor's Property in connection with the construction of the
Project. The City will endeavor to restore Grantor's Property to the condition it was in prior to
construction of &e Project, excepting elevation changes created by construction of the Project or
placement of fill as described in Paragraph 8 (a) below.
e,02,01f-MIT
7. It is agreed the City will record this document.
8. Other conditions:
(a) As full and final consideration for the conveyance of easements for the Project, the City will raise
that portion of Grantor's Property as shown on Exhibit B (the "Fill Area") so as to be above the
Base Flood EIevation where a Special Flood Hazard Area (1% annual chance flood plain) is shown
on Grantor's Property on the latest Preliminary Flood Insurance Rate Map as published by the
Federal Emergency Management Agency ("FEMA") as of the Effective Date. The City will
endeavor to fill as much of the Fill Area as possible, given present and future right-of-way
constraints. Grantor will grant to the City any and all temporary construction/staging/grading
easements needed to complete the raising of the Fill Area. The excess fill from the Project will be
utilized to raise the Fill Area.
(b) The City will re -fence to a condition equal to or better than the existing fence for any current fence
which is removed during construction of the Project or the raising of the Fill Area.
(c) Prior to construction, the City and its contractors will enter into an agreement with the Grantors
detailing the p-otocol for the working relationship between the parties to ensure that Grantor's
Property is harmed as little as possible.
(d) The City will cooperate with the Grantor to ensure that Grantor's Property agricultural."open space
exemption is riot lost due to the construction of the Project.
(e) The City will protect the existing barn(s) on Grantor's Property. The City will not be required to
place fill in any portion of the Fill Area described in Section 8 (a), above if an existing barn is
within the Fill Area.
(f) The City will remove the existing brush pile on the Grantor's property at its sole expense, so long
as the volume of the brush has not increased as of the Effective Date of this Agreement. Grantor
is free to continue to pile and/or burn brush on its Property outside the Easement, subject to fire
safety regulations.
At no time during the possession of the Property by City for the purposes described herein shall Grantor
be denied reasonable access and/or ingress to or egress from the remainder of Grantor's Property for its
current uses, unless otherwise agreed to in writing in advance.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the City and its assigns forever, for the purposes and subject to the limitations
set forth above.
(remainder of this page left blank)
GRANTOR:
By:
Name: E 6&- -
EdeIguAde Weber Johnson
Its:
ACKNOWLEDGMENT
STATE OF TEXAS
CITY OF
This instrume it was acknowledged before me on this the I s-tday of 0 C. I air' Q r^ , 2018 by
Edel unde Weber Johnson , in the capacity and for the purposes and consideration recited herein.
-1\'� (\�� QL-��
Notary Public, State of Texas
Printed Name: - r Lcq n s,_f
My Commission Expires:
MkRLA MCUANIEL
My Commission Expires
14, 2018
(allovember
CITY:
ROUND ROCK, TEXAS
By
Laurie Hadley
City Manager
ACKNOWLEDGMENT
S'P'ATE OF TEXAS
CITY OF WILLIAAZSON
This instrument was acknowledged before me on this theday of018 bY Laurie
Hadley, City Manager of Round Rock, Texas, in the capacity and for the purposes and consideration
recited herein.
,oN1QUE+ap.'q��i�ii�
Y PUBS/c• .�
s
S
QF
otary Public, to of Texas
Printed Name:
My Commission Expires
3/2-/zz
(D LL w
0
Elu
,a o
u
H �
.Q N O
N a
N
$A
to
N iQi C
�j NLL
m G
U$ �
0
.y
O
E
F
m
00
S
001
4 \
r—
O
E
F
m
O
E
c
00
S
001
r—
City of Round Rock
PZj ROCK Agenda Item Summary
a
Agenda Number:
Title: Consider executing a Possession and Use Agreement with Edelgunde
Weber Johnson regarding the Oak Bluff Estates Drainage Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/19/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: Agmt.pdf, LAF.pdf
Department: Utilities and Environmental Services
Text of legislative File CM -2018-1915
Flooding has occurred in the Oak Bluff Estates neighborhood which is located in the City's
corporate limits, and in the Greenfield neighborhood which is located just outside the City's
corporate limits. These neighborhoods abut one another and are served by a common
drainage conveyance system. In response to these common characteristics, the City and
Williamson County are endeavoring to provide infrastructure improvements that will help reduce
the frequency of flooding in the neighborhoods.
Design of the infrastructure improvements is nearing completion and the City's engineering
consultant (Lockwood, Andrews, and Newnam, Inc.) has identified that temporary and
permanent easements will be required across the tract currently owned by the Johnson family at
the southeast corner of the intersection of County Roads 122 (Red Bud Lane) and 123. This
Possession and Use Agreement allows the City to enter the tract to construct drainage
improvements and outlines the conditions to be observed by both parties. Until future bids are
obtained, it is undetermined if the City and County have identified sufficient funding for all
improvements, if such funding would be fiscally responsible, and if use of the entire area under
the Possession and Use Agreement will be necessitated; it is nonetheless clear that use of the
Johnson property will be required for improvements the City intends to install for its citizens.
Staff recommends approval of the Possession and Use Agreement.
City al Round Rock Page 1 • • Printed on E/512m