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R-00-03-23-13A2 - 3/23/2000Mayor Robert A. Stlaka- Jr. Mayor Pro-tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK June 23, 2000 Mr. Terry E. Mitchell Milburn Homes Attn: Land Development Dept. 4515 Seton Center Parkway, #200 Austin, TX 78759 Dear Mr. Mitchell: 221 Fast Main Street Round Rock Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 03- 23 -13A2 at their regularly scheduled meeting on March 23, 2000. This resolution approves the Drainage Channel Maintenance Agreement with Milburn Homes for the construction and maintenance of a drainage channel located in and upon the public right -of -way along Nolan Ryan Boulevard. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5555. Sincerely, Christine Martinez Assistant City Secretary Enclosures Fax: 512- 218 -7097 `ftlantunt 1- 800 - 735 -2989 TDD 1- 800 - 735 -2988 Voice www.ci.round- rock.tx.us RESOLUTION NO, R- 00- 03- 23 -13A2 WHEREAS, the City of Round Rock, Texas, is the owner of the public right -of -way along Nolan Ryan Boulevard, and WHEREAS, Milburn Homes, the owner of the real property abutting said right -of -way, desires to exercise certain rights and privileges upon said public right -of -way, 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 a Drainage Channel Maintenance Agreement with Milburn Homes for the construction and maintenance of a drainage channel located in and upon the public right -of -way along Nolan Ryan Boulevard, a copy of which is attached hereto 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, and the Act. RESOLVED this 23rd day of M. 000 All ei Fri' RO T A. STLUKA, TX., Mayor EST: / City of Round Rock, Texas / / O ANNE LAND, City Secretary %:\ WPUOCS \RESOLUTI \R00323A2.WPD /ec • DRAINAGE CHANNEL MAINTENANCE AGREEMENT RYAN'S CROSSING This Drainage Channel Maintenance Agreement ( "Agreement ") is made and entered into by and between Continental Homes of Texas, L. P., a Texas limited partnership doing business as Milburn Homes ( "Milburn), and the City of Round Rock, a Texas home rule municipality (the "City"). Whereas, Milburn is the owner of that certain 11.1266 acre tract and that certain 21.638 acre tract of land in Williamson County, Texas, described respectively as Ryan's Crossing Section One and Ryan's Crossing Section Three subdivisions (collective, the "Property "); Whereas, Milburn has submitted final plats of the Property for approval by the City, copies of which are attached hereto as Exhibit "A-1" and "A-2"; Whereas, Milburn has included, in the final plats of the Property, a drainage channel to be constructed upon public right -of -way that is adjacent to the westem curb lines of Nolan Ryan Blvd. and extends to the eastern boundaries of residential lots adjacent to said Property, known as Lots 77 -92, inclusive, Block B, in Ryan's Crossing Section One subdivision and Lots 53 -55, inclusive, Block B, in Ryan's Crossing Section Three subdivision, a detail plan of said channel attached hereto as "Exhibit `B'; and Whereas, the City and Milburn desire to confirm the obligation of Milbum, its successors and assigns, to perpetually maintain the channel within the Property and to insure that it remains well maintained and free of any debris or obstruction. AGREEMENT NOW, THEREFORE, for and in consideration of these premises and promises contained herein, Milbum and the City agree as follows: Milburn, its successors and assigns shall have the right to install, construct, operate, maintain, replace and upgrade landscaping within said drainage channel which is located in public right -of -way from the western curb lines of Nolan Ryan Blvd. to the eastern boundaries of residential lots adjacent to said Property, known as Lots 77 -92, inclusive, Block B, in Ryan's Crossing Section One subdivision and Lots 53 -55, inclusive, Block B, in Ryan's Crossing Section Three subdivision. Milburn shall be required to submit the landscape plan for the drainage channel to the City's Public Works Department for approval before any landscape improvements are installed. 2. Milburn, its successors and assigns shall not claim at any time any interest or estate of any kind in the public rights -of -way located within the Property by virtue of this Agreement. DRAINAGE CHANNEL MAINTENANCE AGREEMENT -1- RYAN'S CROSSING 3. After construction of the channel, Milburn, its successors and assigns shall cause the revegetation of the channel, as well as the landscape preservation and erosion prevention within the channel; 4. Upon completion of construction of the Property, Milburn, its successors and assigns shall cause the removal of any soil, silt or construction debris which has accumulated within the Channel and insure that the channel is operating as designed; 5. Upon creation of the Ryan's Crossing Owner's Association, Inc., the homeowners association which Milburn will establish for the maintenance enforcement of the Property (the "Association "), Milburn will assign this Agreement to the Association for maintenance of the channel; 6. Milburn will provide a copy of the assignment to the Association of this Agreement to the City; and 7. Milburn, its successors and assigns hereby agree that if the landscape maintenance of the channel is not performed as stated under this Agreement, the City may act to maintain the channel and charge the Association for the cost thereof. This is the entire agreement between Milburn and the City with respect to the subject matter hereof. There are no other agreements or representations, oral or written, between the City and Milburn in conflict with this Agreement. Any notices hereunder will be in writing and addressed to the respective party at the address set forth below for such party, (i) by personal delivery, (ii) by U. S. mail, certified or registered, retum receipt requested, postage prepaid, or (iii) by courier service. Notice deposited in the U. S. mail in the manner herein described will be effective on the earlier of the date of actual receipt or three days after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. Milburn: Milburn Homes Attn: Land Development Dept. 4515 Seton Center Parkway, #200 Austin, Texas 78759 City: DRAINAGE CHANNEL MAINTENANCE AGREEMENT -2- City of Round Rock Director of Public Works 2008 Enterprise Drive Round Rock, Texas 78664 This agreement shall be govemed by the laws of the State of Texas, concerns real property located in Williamson County, and is wholly performable in Williamson County, Texas. If any provisions of this Agreement are held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement will not be affected RYAN'S CROSSING No Text thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained herein. All terms or words used in this Agreement, regardless of the number or gender in which they are used, shall be deemed to include any other number or gender as the context may require. EXECUTED to be effective as of the later date set forth below. TEST: t � /.JL1L1 • l I anne Land, City Secretary COUNTY OF WILLIAMSON § STATE OF TEXAS CHRISTINE R. MARTINEZ = MY COMMISSION EXPIRES August 5, 2001 DRAINAGE CHANNEL MAINTENANCE AGREEMENT -3- CITY OF ROUND ROCK RobeStluka Mayor Date: 3 -Q3 -00 CONTINENTAL HOMES OF TEXAS, L. P., a Texas limited partnership By: CHTEX OF TEXAS, INC., a Delaware corporation, its sole general partner BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared ROBERT STLUKA, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. 1n Given under of office on this the 13 day of fl2L .0 t . ,g000. NOTARY PUBLIC in and for the State of Texas RYAN'S CROSSING STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Terry E. Mitchell, Vice President of CHTEX of Texas, a Delaware corporation, sole general partner of Continental Homes of Texas, L. P., a Texas limited partnership doing business as Milburn Homes, on behalf of said partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. �— Given under my hand and seal of office on this the /s day of FC - 6/Y.p y , 20w. DRAINAGE CHANNEL MAINTENANCE AGREEMENT -4- NOTARY PUBLIC in and for the State of Texas RYAN'S CROSSING Is] 47,- -101-d 101 LH ION /OK FLA, "" TOPERPrOmf, ' Cf:/felt= NZ NO leatr 01;1 • GU .)(tobt "A- 1 " RYAN'S CROSSING SECTION 1 COY OF ROUNO ROCK OH.LIAMSOIV couxn: TEXAS o - AND SW, 51.■It1, ® MOCK MO • faun.' hurroulli„..0 t14 11:egg:, in= - - - -- A 4 ‘ 0 19 1,0■ • Nato zo:rooF roma Avo no sac mon ',cos = SAA'r age oaFF ov snams F FE r.144"Mg.T. , r= = ,=9= [ RANDALL JONES ENGINEERING._ INC. 7.3D Roo,"itims 7•73.I (.31 [MOON NAP INCLIPALNI NO_ 99005. RYAN'S CROSSING SECTION 3 OW 01 Rouen 000x. MUMS. 100000, r1 1..501. ..n. �.io�..+ SK,I PI J IS RANDALL 90 i'•y+� ENGINEERING INC. EXHIBIT "A-z" rh.Stimartj Enn,6ir "B" rt Rr4w`Y ceesnx.ro cw•w.vy. 03/17/2000 08:33 FAX 5122185563 CORR PUBLIC WORKS Mar 16 00 03:18p Scatt Jones MAR -17 -2000 08:43 S12 -836 -0087 + CITY HALL 2002/004 p.2 03/16/2000 THU 15:09 1TX /RE NO 5721] 21002 5122185563 97% P.02 DATE: March 18, 2000 SUBJECT: City Council Meeting — March 23, 2000 ITEM: 13.A.2. Consider a resolution authorizing the Mayor to execute a Drainage Channel Maintenance Agreement with Milburn Homes. Staff Resource Person: Jim Nuse, Public Works Director. • i 9 (0C4f0N 99455 9 5( 0 545596 SWOP 1111202 r0 OI 19.0 29 AAP ooar✓ 15553251 S P A Nl TIN 100 512.4 11808 /I NV x51A'NKr RAW .w cotakknor PA x NW 6. IHNS•11591[0 C'6 49.115f 131U 1 !OR 9(1•1(519 (022rv. 111AS l 0Wfu6G 1873 SNK( xC (352.0/20 N' ACCLMgOKr 2111 MI C159 Of 9v0 .81 83.72: ORO. J I C 201,18821.179 9 2'[(6042X2 2111-1 PM C R N ROCx SPOONS. 0!0]WYICr. ,9.5 Apr 3 a. 8760282 IS 28.089,2 BI 5 0 04 101 9:•5 1,7 CI 5' 0.22 RYAN 0018(8/1190 N• Y 1 R510 5 X2 as. 5.01 1. AND 105 16. BIar 1 6 005 a 4usr 12x7 O 5 5 ) 31c/K ( 973)00 90. 9 O 75R 30737 -r 8r 101 504(7x55 (5 55 + O IXK 4M Y ACCESS 10 27.2AN 11212 rAR201. 12112211 x maw Afl 32932610 8. 1 rc809187 i ME OWNERS •081219319 1 r o< 11 2 ∎as , x I •UV 65116 A9 2 2.880 •a - D1 32.59 •2..n. et 3.397 1170 n 29 8,5210 :u � : P 10.1 2300 „II ( ▪ e 0223 I - 10 3 5: an. 2.1 15218 fp It -me 2.300 : e 85 2.. 2.x11 1-56 2.112.9 •a r 8 26 97 4, 9 fp O R. P 0 B9 9 iB0 •2..N 9 -w 2.9) 9.1111 s9 /I. cu CuRH 1X26 4(0.7, is o • Ct rie 601 MW 20 00 so M5 25®9 9L49K i t 2759 V 580 1 I i � 1 . - . 2s��o.'zs'w t fb f1,1 INV N,170,DAR99 AIR. 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AS SWIM ...Cr RIR MP (0951.14 O 0 0-20 - 19 9 9, 90/8 1949504 00uur,11004 r C : V.. 11 s w1 of (sr.arslro w ACCORD., a xx ACCI>Aalx wrx rnu s 31 31 33 AND 5,55 m5 /OC 5 00)5 1,0 rcr a fors rAxa �e. 1 10 xaux xux HOWVARO 0010.0 PRIVA 1r tt155 CAMP , AS LATIx 0x v'57 5 51100 0 90 5 If O R OR010 I 95I H I1FCOelNO 0.. "85 W 6! RI [OxUEO O. SW F. 5 A.R.. r...1 -IAW r LO! MI..n.G FN 9w n (A .0.0x.11, 0 . w51rx P F5IS cw ro srxnN vx.wA, rt 9m 600111,13(0 /1 .155 -4000 f �Mrl x 5 ING... INC N Ax(. 00 555 501 PI •500 I 1 0x(5 l MI 0 N. SI A f I(5; 3111 110. Wv HI OPUS 51.11 I mar I ,A.010.03 101 1015 I;:wl w � tf , �1L (008(KW AMP CON(INLN5AL WOWS Of AU5TIN. C P DOCUMENT N0, 9908500 0Y y rro mao moo w. I . � . mm' tvO X 0 8#� m• Eg { '+� vum. el0 e i cev Y l 5 5 C7 SI !'1131 MI 80805 - ra'N�C 01.0 75 'Ig 76 RYAN'S CROSSING SECTION 3 CITY OF ROUND ROCK, IWLLNMSON COUNTY. TEX05 rdy O 1. )00 J00 �( 101 010, 11 5 L.11310 00110.10 Or UM. nu x "s \ • N . < 1 7 , AM" 79 n u�ir mP r / -'' Gt* 'i P RP}LRo'o 50001 r 0r J 55AL55 MI, A. 11, 1999 SCA,'. - roiE RANDALL JONES ENGINEERING INC. A 5(5/ 0. 00910 40 Nr.S 10151 - ISr5) em • 5091 Extherr "Abe i)xS4S•10(87) q2V • "n 1 1.91011 ,,11.,10 :,0r.i.1; ECHMPT " 8 " VaINEN J' IlyrM�f�IS;nt2�1{N (UI Von �..tl 11IAq'S ?e'''"‘ LI4 WII . , • Date /r From PICK UP & DELIVERY Time Please . , Pick tip From / / / 1 / 4 /// ; y eL,( ,e • tr :( • — iP Firm Name' Address' Telephone' Need by / Special Instructions' Received by: _ -_g r Dale& Time: r.--7 Milburn Welcome Horne 4515 SETON CENTER PARKWAY, SUITE 200 AUSTIN, TEXAS 78759 ,�` , ' �i µe2 ✓ 'c �( �� Ms. Alysha Gerard City of Round Rock Public Works Dept. 2008 Enterprise Drive Round Rock, Texas 78664 Dear Alysha: project. Milburn Welcome Home February 2, 2000 Re: Ryan's Crossing Channel Maintenance Agreement Enclosed is the signed, original revision of the Ryan's Crossing Channel Maintenance Agreement which you have reviewed. I faxed this to Charlie Crossfield for his review and comment on Tuesday and he called back to say the document is fine. After this agreement is signed by the City, please send us a copy so that we may follow up with the homeowner's association with assignment of the maintenance obligation. Also, any signed originals of previous versions you have in the file (there are several) need to be marked as drafts or destroyed so that this fmal version is the only one in force. Thank you for your help and please call if I need to provide anything further to the City for this xc: Charles D. Crossfield Brown McCarroll Sheets & Crossfield. L.L.P. 309 East Main Street Round Rock, Texas 78664 -5246 Very truly yours, Sharon L. Campbell 4515 Seton Center Parkway • Suite 200 • Austin, TX 78759 • Y.O. Box 9802 -921 • Austin, TX 78766 • (512) 345 -HOME • Fax (512) 345 -6683