R-00-12-14-13D7 - 12/14/2000RESOLUTION NO. R- 00- 12- 14 -13D7
WHEREAS, the City of Round Rock ( "City ") has determined that
there exists a public necessity for the acquisition of a permanent
easement in, on and through the property of Elva Jeanette Stuckey
( "Stuckey ") in order to construct and install a wastewater line and a
storm water line ( "Project "), and
WHEREAS, Stuckey has agreed to grant and convey to the City the
easement required to complete said Project, and
WHEREAS, in constructing the installing the wastewater line and
the storm water line, the City will be required to remove portions of
the fence around the perimeter of said property and will also need to
relocate portions of a subterranean irrigation system, and
WHEREAS, the City has previously adopted Resolution No. R- OD -09-
28-9C4 authorizing the Mayor to execute a Letter Agreement with Elva
Jeanette Stuckey for the conveyance of an easement at 113 Winstead
Avenue, and
WHEREAS, Elva Jeanette Stuckey elected not to enter into said
Letter Agreement with the City, and
WHEREAS, both parties have expressed their desire to reach an
amicable and satisfactory resolution to this matter and have agreed
that this can best be accomplished by executing an amended Letter
Agreement, Now Therefore
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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 Letter Agreement with Elva Jeanette Stuckey for a
permanent easement in order to construct and install a wastewater line
and a storm water line, a copy of said agreement being 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 14th day of December, 2000.
ST:
Ari III It JL.' /A1
E LAND, City Secretary
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City of Round Rock, Texas
DATE: December 8, 2000
SUBJECT: City Council Meeting — December 14, 2000
ITEM: 13.D.7. Consider a resolution authorizing the Mayor to execute a Letter
Agreement with Elva Jeanette Stuckey granting to the City of Round
Rock a permanent easement for the construction and installation of a
wastewater line and a storm water line.
Resource: Jim Nuse, Public Works Director
Larry Madsen, Public Works Construction Manager
History: This agreement with Ms. Elva Jeanette Stuckey, is for the acquisition of a
permanent easement in, on and through the property of Ms. Elva Jeannette
Stuckey in order to construct and install a wastewater line and a storm water
line.
Funding:
Cost: $15,000
Source of funds: GO Bond
Outside Resources:
Impact: Improve drainage with new storm drain and replace old sewerline
that is being repaired constantly.
Benefit: The passage of this resolution is necessary in order to allow the Public Works
Department to continue under the Lee and Summit Street Improvements Project.
Public Comment: Addressed during G. O. Bond task force
LETTER AGREEMENT
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This Letter Agreement ( "Agreement ") is made and entered into on this the 1 of
Lalittintaal , 2000, by and among The City of Round Rock ("City ") and Elva Jeanette
Stuckey ( "Stuckey ") hereinafter collectively referred to as "Parties ".
I.
RECITALS
WHEREAS the City has determined that there exists a public necessity for the acquisition of a
permanent easement in, on and through the property of Stuckey in order to construct
and install a wastewater line and a storm water line;
WHEREAS Stuckey has agreed to grant and convey to the City the easement required to complete
said project;
WHEREAS in constructing and installing the wastewater line and the storm water line, the City
will be required to remove portions of the fence around the perimeter of said property
and will also need to relocate portions of a subterranean irrigation system;
WHEREAS the City, in consideration for the granting of the easement, has agreed to tender
$15,00.00 for the general compensation and inconvenience for and to Stuckey.
THEREFORE, in consideration of the mutual covenants and promises contained herein and
for other good and valuable consideration, receipt of which is hereby acknowledged the City and
Stuckey do hereby agree as expressed below.
II.
AGREEMENTS
A. For the above stated consideration, Elva Jeanette Stuckey agrees to:
1. Grant and convey unto the City of Round Rock, a permanent easement in,
over and through the property as described on Exhibit "A" attached hereto
and incorporated herein for all purposes;
2. Indemnify the City for the amount of any damage to the wastewater line and
the storm water line that might occur as a direct and proximate result of the
above described third parties' restoration of her fence and irrigation system
and for any and all claims or damages to either person or property arising
from the restoration of her fence and irrigation system.
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3. Pay her own fees and costs accrued and arising out of this Settlement
Agreement and easement conveyance.
B. For the above stated consideration, The City of Round Rock agrees to:
1. Tender payment on behalf of Stuckey, for those Items contained in Article I.
Subparts 1 -5 above, in the total amount of $144;5U�00; ( C
%_ K.
2. Provide notice of the date of completion of the wastewate and storm ater
lines;
3. Pay its own fees and costs accrued and arising out of this Settlement
Agreement and easement conveyance.
3. Indemnify Stuckey, for a period of twelve (12) months from the date
provided in the notice of completion for damages, if any, resulting directly
and proximately from any acts or omissions by the City or agents in the
construction or installation of the wastewater and storm water lines in the
easement area that could subject Stuckey to personal liability and/or liability
against her homeowner's insurance policy. Additionally, the City agrees to
indemnify Stuckey as follows:
a. For a period of twelve (12) months from the date of completion for the
amount of damages, if any, to the tree situated immediately adjacent to the easement
area resulting directly and proximately from the construction and installation of the
wastewater and storm water lines in the easement area. Said amount not to exceed
$7,000.00. All costs in excess of $7,000.00 shall be borne by Stuckey;
b. For a period of twelve (12) months from the date of completion for the
amount of damages, if any, to Stuckey's swimming pool directly and proximately
caused by the construction and installation of the waterline and storm water line in
the easement area.
III.
REPRESENTATIONS AND WARRANTIES
Both Parties agree, represent, and warrant to the other that:
1. All work performed by the contractors or their agents or employees shall be per the
direction of Elva Jeanette Stuckey, and that the City shall in no way be responsible
for the character or quality of the work to be performed by those entities selected by
Elva Jeanette Stuckey. That upon the tender of payment of the compensation stated
herein, the City is relieved from any and all claims by Elva Jeanette Stuckey, her
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6. This Agreement shall be binding upon and shall inure to the benefit of all the Parties
and their respective heirs, executor, administrator, personal representatives,
successors and assigns. �t
AG ED TO AND ACCEPTED AS TO FORM AND CONTENT THIS ) L i tt) DAY OF
gkCQJYJ.QL&) ,2000, BY:
The City of Round Rock
Mayor
agents, or assigns, that arise from the restoration of the fence and irrigation system,
including the character and quality of the work performed.
2. The City is not responsible for any damage, whether to person or property that might
result, directly or indirectly from the activities of the aforementioned contractors or
their agents, employees and assigns, selected by Elva Jeanette Stuckey, in performing
the contemplated restoration work. Ms. Stuckey agrees to indemnify and hold
harmless the City and it agents for any claims, suits, causes of action or other
liabilities which may arise from the activities of those selected by Stuckey as
contemplated herein.
3. All other expenses incurred by Stuckey not expressly mentioned herein, with the
exception of Article II(B) (3), and shall be the sole responsibility of Stuckey and
Stuckey hereby releases the City from any claim she may have concerning these
expenses.
4. The Parties each stipulate and agree that they have relied upon their own judgment,
belief and knowledge of the existence, nature and extent of this Agreement, and that
they have not be influenced to any extent in entering into this Agreement by any
representations or statement made by any other party, except for the agreements,
stipulations, representations and warranties expressly made herein. The Parties
further acknowledge that none owes the others any fiduciary duty and that none has
relied upon any other in a confidential or trust relationship in entering into this
Agreement. Furthermore, the Parties acknowledge and agree that this Agreement is
the product of arms - Length negotiations.
5. This writing contains the entire agreement of the Parties and supercedes all other
agreements, whether they be oral or in writing. Any changes to this Agreement must
be in writing and attached hereto and must be signed by both parties.
By:
ert A. Stluka, Jr. Elva Jeanette tuckey
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Attest:
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