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CM-2020-202 - 7/31/20201CK TEXAS ONMENTAL SERVICES Mike and Kimberly Burchett 15 Meandering Way Round Rock, Texas 78664 Mayor Coundlmernbers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker Mayor ProTem Will Peckham City Attorney Writ Baese Hilda Montgomery Stephan L. Sheets July 22, 2020 RE: Privacy fence at 15 Meandering Way in conjunction with the Oak Bluff and Greenfield Drainage Improvements project Dear Mike and Kim, As you are aware, the City of Round Rock (hereinafter the "City") and Williamson County (hereinafter the "County") have partnered to construct the above referenced improvements (hereinafter the "Project"). Because the construction removed a portion of your rear privacy fence, and a couple of large trees within the City's drainage easement (hereinafter the "Easement") within and along the rear of your property at 15 Meandering Way, and because the City wants to try installing removable panels in your side fencing in order to allow the City better access to and use of the Easement than heretofore has been available, removal and replacement of the fencing along the rear of your lot and installation of removable panels in the fencing along the sides of your lot is included in the Project. The Project includes this as 6-foot tall wood fencing. You previously mentioned that you might desire to increase the height of the fencing along your rear property line to 8-feet. This letter is to establish an agreement between you and the City; the stipulations of the agreement are as follows: 1. The Contractor for the Project has quoted a price of $472.18 to increase the height of the fencing along the rear property line at 15 Meandering Way from 6-feet tall to 8-feet tall; you will remit a check or money order payable to the City of Round Rock for $472.18 upon signature of this letter by ail parties below. 2. For your property at 15 Meandering Way, City zoning code allows a maximum height of 8-feet for a rear fence. However, the City is unaware of any restrictions on fence height imposed by other entities (for example, Homeowners Association) or conditions related to your property. Upon completion of the fencing, you will be responsible for correcting any fencing restrictions violations imposed by non -City entities or conditions, and the City and/or County will have no responsibility to correct any such violations. 3. Upon completion by the City, maintenance of the fencing shall be your and your successors and assigns responsibility in perpetuity; the City and/or County shall not have any responsibility to maintain any of the fencing that is installed with the Project. Any areas disturbed by the construction of the Project will be restored as part of the Project and the surface planted with St. Augustine sod; similar to your maintenance responsibility for the completed fencing, upon completion of the restoration, you will be responsible for maintenance of the restored areas in perpetuity. Pagel of 2 CITY OF ROUND ROCK 3400 Sunrise Road. Round Rock. Texas 78665 [P] 512.218.5555 • [F] 512.218.5536 - roundrocktexas.gov CM- 202D -202, 4. At this time, the City is willing to try the installation of the fencing/removable side panels in an effort to allow the City better access to and use of the Easement and to keep the fencing within and along the Easement in an arrangement that is similar to the arrangement that has existed for many years. However, the City is not relinquishing any of its rights regarding the Easement and if the new fencing/removable side panels do not provide the City access to and/or use of the Easement required by the City, the City retains the right to remove any or all of the fencing, and any other obstructions, within the Easement, without compensation to you. 5. Upon completion of the fencing/removable side panels, the City will endeavor to notify you in advance if the City requires access to the Easement, will be temporarily removing the side panels, will be traveling over and across the Easement, will be working in the Easement, and/or will be leaving the side panels removed for a certain period of time. In such instance, you will remove persons, pets, and personal property and obstructions from the Easement and keep them out of the Easement until the City no longer needs to utilize the Easement. Any personal property or obstructions within the Easement and any items that prevent the City from removing the side panels that are not promptly removed are subject to removal by the City without compensation to you. Notwithstanding the foregoing, the City may access and use the Easement in emergency situations without prior notification to you; and the City shall not be liable for damage to your personal property or obstructions within the Easement. Your signatures below will serve as acknowledgement of and agreement with the stipulations contained herein. We would appreciate you sending us a copy of this letter with your signatures within ten days from the date of this letter, otherwise, we will not increase the height of the fencing along your rear property line and will construct the 6-foot tall fencing that is currently contained in the Project. It is worthy of note that the stipulations in 3, 4 and 5 above will be considered applicable by the City and/or County regardless of your signatures below. Thank you for your assistance in this matter. I look forward to hearing from you soon. Sincerely, Danny Halden, P.E. City Engineer The herein stipulations are acknowledged and accepted: 1 %i ,14 Mike Burchett Date L rie adley at 15 Meandering Way City Manager Round Rock, Texas City of Round Rock, Texas Kim ,trrchett Date 15 Meandering Way Round Rock, Texas Page 2 of 2 k § � kkkk �e /���� 2 § II� E«�Y�o c�°=§� 2 § � � \\��p �2��5� City of Round Rock IROU ND S ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Letter Agreement with Mike and Kimberly Burchett regarding the privacy fence at 15 Meandering Way in conjunction with the Oak Bluff and Greenfield Drainage Improvements project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/31 /2020 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Attachments: Map, Burchett Fence Agreement Department: Utilities and Environmental Services Text of Legislative File CM-2020-202 For many years now, wood privacy fencing has encroached the City's 20-foot drainage easement that abuts the rear property line and is within 15 Meandering Way in the Oak Bluff Estates neighborhood. Some of this fencing required removal for construction of the Oak Bluff and Greenfield Drainage Improvements project. The City Engineer initially informed the owners of the property, Mike and Kim Burchett, that the fencing would need to be removed and reconstructed at the easement boundary and not along the rear property line; not unlike the location of fencing that exists at the easement boundary on all the other lots in the neighborhood; Mike and Kim Burchett objected to this solution. In an attempt to appease the Burchetts, the City Engineer is proposing a plan to re -construct the removed fencing in its heretofore historical position and to install removable side panels that would allow the City access to its drainage easement. The City Engineer believes that this arrangement is worth trying to see if the arrangement will meet the City's needs regarding the easement. This letter agreement outlines the conditions for the City Engineer's proposed plan; it explains that the City is willing to try the fencing arrangement at the rear of the property with removable panels, that the City is not relinquishing any of its easement rights, and that if the fencing arrangement proves not to meet the City's needs regarding the easement, the City may remove the fencing from the easement. City of Round Rock Page 1 Printed on 713012020 Agenda Item Summary Continued (CM-2020-202) The Burchetts are also requesting that the wood fencing that is being replaced along their rear property line be increased from 6-foot tall to 8-foot tall; 6-foot tall fencing is included in the mentioned project because that was the height of the fence existing prior to construction of the project. The agreement provides that the Burchetts will pay the City for increasing the height of the rear fencing from 6-foot to 8-foot as quoted to the City by its Contractor for the mentioned project. City of Round Rock Page 2 Printed on 713012020