CM-2020-178 - 6/26/2020Sheets &Crossfield, Puc
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 . fax 512-255-8986
don@scrrlaw.com
May 27, 2020
iessica.kennedygicumed.com
ICU Medical, Inc.
Jessica Kennedy
Assistant General Counsel
951 Calle Amanecer
San Clemente, California 92673
Re: City of Round Rock —University Boulevard Expansion Project
Sign acquisition agreement
Dear Jessica:
Please allow this letter to set out my understanding regarding our agreement for
acquisition and/or relocation of the existing ICU Medical ("ICU") on -premise monument
sign ("Sign") which is located within the proposed right of way parcel to be transferred to
the City of Round Rock ("City") by separate agreement, and as shown on Exhibit "A".
The terms of the agreement are as follows:
1. As compensation for the relocation of reconstruction of the Sign outside of the
acquired right of way and public utility easement property and on the remaining
property of ICU, City shall pay ICU the sum of $3,500 within fourteen (14) days after
full execution of this agreement.
2. ICU shall be required to obtain a permit from City for replacement or reconstruction
of the Sign on the remaining property of ICU, but there shall be no charge for any
application fee connected with this requirement. ICU shall be allowed to construct a
replacement sign with substantially similar size and design specifications, but must
otherwise comply with any requirements of the City Code of Ordinances regulating
signs. The final location of the reconstructed sign shall be determined by agreement
between City and ICU.
3. If the Sign is not removed from its current location within ninety (90) days after full
execution of this agreement and tender of payment by City as set out herein, then the
parties acknowledge that it will be subject to demolition or removal by the City or its
agents or contractors as part of the proposed University Boulevard roadway
construction project.
00448450.DOC
If this meets with your understanding please have this letter approved and
executed where indicated and return it to me, and we will in turn then have this approved
and signed by the City as soon as possible and order the funds.
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
AGREED:
ICU Medical, Inc.
By: �j.�.. a.. M... Fwlll�
Name: Brian Bonnell
Its: CFO & Treasurer
Date: 6 • Ik - 2D
2
Very truly yours,
'X., Lwj""
Don Childs
Sheets & Crossfield, PLLC
AGREED:
CITY OF ROUND ROCK, TEXAS
B
A,��� Lw-z --,
Laurie Hadley, eity Manager
Date: 3J ye9p
EXHIBIT "A" (R.O.W. PARCEL) FOLLOWS THIS
PAGE
EXHIBIT f°A"
Variable Width Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.137 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.137 ACRE (5,980 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.137 ACRE TRACT BEING A PORTION OF LOT 1, BLOCK A, OAKMONT CENTRE
SECTION TWO, FILED ON OCTOBER 4, 1984, AND RECORDED IN CABINET F, SLIDE
174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.137 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK A AS DESCRIBED IN
A QUITCLAIM DEED TO HOSPIRA INC., FILED ON APRIL 17, 2004, AND RECORDED
IN DOCUMENT NO. 2004038477 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.137 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found for the easternmost northeast corner of said Lot 1 and the
herein described tract, at the intersection of the southerly right-of-way line (R.O.W.) of University
Boulevard (variable width R.O.W.) and the westerly R.O.W. line of Oakmont Drive (60 foot wide
R.O.W.);
THENCE South 20' 56' 54" East, with the common westerly R.O.W. line of said Oakmont Drive and the
easterly line of said Lot 1, a distance of 16.68 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for the southeast comer of the herein described tract, from which a 1/2-inch iron rod
found for the southeast corner of said Lot 1, Block A, same being the northeast corner of Lot 2 of said
Block A, and being on the westerly R.O.W. of said Oakmont Drive bears South 200 56' 54" East, at a
distance of 448.40 feet;
THENCE departing said westerly R.O.W. line of said Oakmont Drive, and traveling across the interior of
said Lot 1, the following three calls:
1) North 65' 41' 55" West, a distance of 28.75 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior comer of the herein described tract;
2) South 69' 18' 05" West, a distance of 229.75 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior comer of the herein described tract;
3) South 24' 11' 47" West, a distance of 28.21 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for the southwest comer of the herein described tract, said point being on the
westerly line of said Lot 1, from which a 1/2-inch iron rod found marking the common southwest
corner of said Lot 1 and the northwest corner of said Lot 2 bears South 20' 56' 03" East, a distance of
449.91 feet;
Page 1 of 3
Exhibit "A" continued
Description of a 0.137 acre tract
THENCE North 20' 56' 03" West, with the westerly line of said Lot 1, and partway with the southerly
R.O.W. line of said University Boulevard, a distance of 40.97 feet to a calculated point for the northwest
corner of said Lot 1 and the herein described tract;
THENCE North 69' 14' 23" East, with the common southerly R.O.W. line of said University Boulevard
and the northerly line of said Lot 1, a distance of 245.08 feet to a 1/2-inch iron rod found for the
northernmost northeast corner of said Lot 1 and the herein described tract, said point also marking the
beginning of a curve to the right and being a curving corner clip at the intersection of the southerly
R.O.W. line of said University Boulevard and the westerly R.O.W. line of said Oakmont Drive;
THENCE In a Southeasterly direction, 39.25 feet along the arc of said curve to the right, having a radius
of 24.81 feet, a central angle of 90' 38' 28", and a chord bearing and distance of South 65' 49' 34" East —
35.29 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing
within the metes recited 0.137 acre (5,980 square feet) of land, more or less, based on the survey and
exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in 2016.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) 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-4826 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.
Xo9
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n..................................
Daniel M. Flaherty, R.P.L.S. No. 5 DANIEL M. FLAHERTY
The Wallace Group, A CP&Y Company '•..o • • ••• •••••�: •••
One Chisholm Trail, Suite 130 <• 9°F500 o;;P•0
Round Rock, Texas 78681 ��i�•..Ess.,.. ��
Ph. (512) 248-0065 ���
TBPLS Firm No. 10051701
See attached Plat No. A-4826 11-18-2016
22824-FN28.doc Date
Page 2 of 3
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EXHIBIT "A"
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.137 ACRE (5,980 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
Aw9038.28'
R-24.81'
L-39.25'
CD-35.29'
CB-S 85.49'34' E
5p
N
Q
F
EXISTING -
R.O.W. LINE
N 20"58'03'
40.97'
EXISTING -
R.O.W. LINE
FIELD NOTE
POINT OF
BEGINNING
S 205WW E 16.88'
N 8541.55' W
28.75'
OAKMONT DRIVE
(60' R. O. W.)
S 20'S8'54' E - 448.40'
LOT 1
BLOCK A SCALE. I" = 100'
OAKMONT CENTRE
SECTION TWO
CABINET F, SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4, 1984
�17FAY
THQLN51110N HOSPIRA INC
W. FT.) DOC. NO. 2004038477
O.P.R.W.C.T.
'-PROPOSED FILED: APRIL 17, 2004
R.O.W. LINE
S 24'11'47' W
28.21'
S 20'MO3' E — 440.91' LOT 1
LOT 2H LOT 2H SUBDIVISION LINE
BLOCK A LOT 2H
BLOCK A
LOT 2G
BLOCK A
C
0
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE.
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) 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.
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 23D-233
P.R.W.C.T.
FILED: NOVEMBER 2. 2006
a LOT 2
BLOCK A
0 o OAKMONT CENTRE
SECTION TWO
CABINET F. SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4. 1964
LEGEND
- FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED)
0 = SET 1/0 IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW (UNLESS OTHERWISE NOTED)
- CALCULATED POINT
P.R.W.C.T. - PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. - DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. m OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY. TEXAS
THE WALLACE G ROU �-
engine architects surveyors �� OF TF
A CP&Y COMPANY •••�SrE'•.-
WACO KILLEEN DALLAS ROUND ROCK f?.
GFTBPLS 10051701 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 1 (512) 248-0065 TBPE F-54 •.••.�...•...•
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAN 9 go�5004oaP:OQ
SURVEYS IN THE STATE OF TEXAS. Till 18TH DAY OF _ 2016. 2�.,FssJ y
SUR
SURVEYED: NOVEMBER 8. 2016 ANIEL M. FLAHERTY RPLS N0. 3 OF 3
200 PLAT NO. A-4826 DRAFT D&E 11-18-2016 DRAWN BYROB
SCALEWORK ORDER NO. 22824 FIELDBOOK/PG. 256 17 TAB f AA�4 B6
0 2016 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN28
I I L I I
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15'
PUE
n 0.029 AC. PUE
j RETAINED BY CORR
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UNIVERSITY BLVD
0.137 AC. TO CORR
1
existin
0.421 AC. TO CORR
0.167 AC. PUE TO CORR
PROP 15' PUE
15
LOT 1
BLOCK A
OAKMONT CENTRE
SECTION TWO
CAB. F, SLD. 174
P. R. W. C. T.
ICU
1 0.552 AC. TO ICU
I
1
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1 23
LOT 2
BLOCK A
OAKMONT CENTRE
SECTION TWO
CAB. F, SLD. 174
P. R. W. C. T.
N
HORZ 0' 50, 100,
SCALE IN FEET
LEGEND
— -- — PROPOSED ROW
- - - - INTERIM ROW
---- EXISTING ROW
- - - EXISTING EASEMENT
LOT LINES
I g
1 monument sign
in proposed
r.o.w.
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RETAINED BY CORR
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I' IRETAINED CORR PROPERTY
FOR OAKMONT CONSTRUCTION
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" -WPM-EK EN N EO Y
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FROM UNIVERSITY OAKS BLVD TO SUNRISE RD
CONSULTING
FOR REVIEW ONLY
UNIVERSITY BLVD
TBPE REG. NO.
A JIM>t Company
NOT FOR CONSTRUCTION, BIDDING,
OR PERMIT PURPOSES
P-926
NNEDY
ICU LAND SWAP
CITY OF ROUND ROCK
CEONSULTINO
TOPE RED. • F-926
221 E. MAIN ST
ENGINEER MICHAEL CURL
Routuo BOCK TF-, ROUND ROCK, TX 78664
P.E. ML 126986DATE 9712/2018
SCALES 1' 100' SHEET 1 OF I
City of Round Rock
Pg'
ry
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a letter agreement with ICU Medical Fleet Services, LLC
f/k/a Hospira Fleet Services, LLC regarding payment for reconstruction of
sign which is displaced by the proposed University Boulevard construction
project (Parcel 15).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/26/2020
Dept Director: Gary Hudder, Transportation Director
Cost: $3,500.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF-00448816.PDF, Background Exhibits-00448808.PDF,
Agreement-00448806. P D F
Department: Transportation Department
Text of Legislative File CM-2020-178
The $3,500 sign replacement bid cost in the proposed agreement was provided by the
landowner, and was reviewed with and recommended for approval by the Transportation
Director.
Cost: $3,500.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round Rock Page 1 Printed on 612512020