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R-01-05-10-13D2 - 5/10/2001RESOLUTION NO. R- 01- 05- 10 -13D2 WHEREAS, the City of Round Rock believes that it has an existing drainage easement located on Block H, Lot 21 of the Oakland Subdivision 3A ( "Easement Area "), and WHEREAS, the City of Round Rock desires to expand one of the currently existing detention ponds and make other improvements to the Easement area, and WHEREAS, the Oaklands Owners Association, Inc. claims ownership in said property free of any easements, and has expressed concerns that any expansion of drainage capacity or other improvements would adversely affect the uses and aesthetics that the Oaklands Owners Association, Inc. desires for the Easement Area, and WHEREAS, both parties have expressed their desire to reach an amicable and satisfactory resolution to this matter, 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 Compromise Agreement with the Oaklands Owners Association, Inc., 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 O,\ RPDOCS \RBSOLUTI \R10510D3.RPD /ac 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 10th day of May, 20 ATTEST: E LAND, City Secretary 2 STLUKA, JR., Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON COMPROMISE AGREEMENT KNOW ALL MEN BY THESE PRESENTS This Compromise Agreement ( "Agreement ") is made and entered into on the L day of Val-- , 2001, by and among The City of Round Rock ( "City") and the Oaklands Owners Association, Inc. ( "Parties "). I. RECITALS WHEREAS the City of Round Rock believes that it has an existing drainage easement located on Block H, Lot 21 of the Oakland Subdivision 3A, hereinafter referred to as "Easement Area;" WHEREAS the City of Round Rock desires to expand one of the currently existing detention ponds and make other improvements to this Easement Area; WHEREAS the Oaklands Owners Association, Inc , claims ownership in said property free of any easements, and has expressed concerns that any expansion of drainage capacity or other improvements would adversely affect the uses and aesthetics that the Oaklands Owners Association, Inc., desires for the Easement Area; WHEREAS both parties have expressed their desire to reach an amicable and satisfactory resolution to this matter. THEREFORE, in consideration of the mutual covenants and promises contained herein, the trees to be removed from the expanded detention pond area as a result of the improvements contemplated above, and for other good and valuable consideration, receipt of which is hereby acknowledged the City of Round Rock and the Oaklands Owners Association, Inc., do hereby agree as expressed below. H. AGREEMENTS A. For the above stated consideration, the City of Round Rock, at its sole cost and expense agrees to: • 1. Expand the existing drainage detention pond as necessitated by the Park Valley project consistent with the engineering plans and construction documents attached hereto as Exhibit "A;" 2. Install a sidewalk along Oakwood Boulevard between Paulett Way and Clearwater Drive to improve safety for pedestrians along the western side of the detention pond; 3. Construct the east wall of the expanded detention pond in such a way as to preserve the three trees located in the vicinity. (Said trees bearing tag nos. 1410, 1429 and unknown number). The City shall replace any of the above described trees, with trees of equal size if any shall be significantly damaged or destroyed within 180 days from the date of completion of the construction on the wall; 4. Use best efforts to preserve other mature trees outside of the planned detention pond expansion; 5. Add stairs at the northeast corner of the detention pond near the weir wall; 6. Install, complete with water service, an irrigation system along the perimeter of the Easement Area; 7. Upon completion of Subsections 2 and 3, above: a. Hydromulch the basin of the detention pond as enlarged within the Easement Area with buffalo grass. b. Hydromulch the area between Oakwood Boulevard and the sidewalk, as contemplated in Subsection 2. above, with bermuda grass. c. Provide a bed of mulch on the south and west perimeter surfaces of the detention pond, as enlarged, as follows. On the south side, the mulch bed shall extend from the detention pond to Paulett Way. On the west side, the mulch bed shall extend from the surrounding edge of the detention pond to the sidewalk referenced in Subsection 2. The mulch shall be a minimum 3" depth. 8. Maintain the walls of the expanded detention pond, as necessary. 9. Connect water service to irrigation systems on the islands located in the following streets within the subdivision (each island to have its own service meter): a. Parkland Cove g. Rock Spring Cove b. Clearwater Drive h. Sweetwater Cove c. Ivy Court i. Brookside Court d. Cloud Court j. Oak Park Drive e. Springwater Drive k. Blue Spring Cove f. Blue Spring Circle 1. Oak Creek Drive The parties specifically agree that the City is to use its best efforts to complete the C \Text RounAtudWubl¢ worlsw,rk Velirytmm prom ise egreemmt3-23 -01 wpdrm III. MISCELLANEOUS PROVISIONS above items within 180 days from the execution date of this Agreement. However, these actions are to be completed no later than 365 days from the execution date of this Agreement. The Parties further agree that the time limitations imposed in the preceding paragraph, for the construction of any of the improvements contemplated herein as well as any failure to have any of the irrigation systems located on the islands listed in "a -I" above connected to water service shall not be a material breach of this agreement. The parties specifically agree that the remedy for any such failure shall be limited to the City causing the non - connected islands to be watered bimonthly until connections are complete. 10. Locate any future hike and bike path in the park area to the immediate east of the Oaklands on the east side of Brushy Creek rather than the west. This will mitigate the risk of further impairment in use of property. B. For the above stated consideration, the Oaklands Owners Association, Inc., at its sole cost and expense agrees to: 1. Acknowledge that the City of Round Rock has an easement for drainage purposes in Lot 21 of Block H in the Oakwood Subdivision 3A; 2. Provide the City of Round Rock clear access to the current Easement Area to perform the contemplated improvements for the Park Valley project; 3. Maintain and service the irrigation system around the detention pond as well as each of the islands located in the subdivision; 4. Provide weed and fire ant control for each of the islands located in the subdivision; 2. Perform the all required upkeep and maintenance of the landscaping in and around the detention ponds as well as all other common areas. These agreements are related to the expansion of the existing drainage system for the Park Valley project. Any subsequent needs to expand drainage may have separate considerations for the loss of property use, if any, to the Oaklands Owners Association, Inc. 1. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of all the Parties and their respective heirs, executor, administrator, representatives, agents, successors and assigns. 2. No Oral Modification. No amendment, modification or waiver, or consent with respect to, any provision of any of this Agreement shall be effective unless the same shall be in writing and signed by the Party against whom enforcement of the amendment, modification, waiver or consent is sought. 3. Multiple Originals. This Agreement may be executed in any number of multiple originals by different Parties hereto, each of which shall be deemed to be an original and all of which when taken together shall constitute one or more of the same instruments. 4. Choice of Law. This Agreement shall be governed pursuant to the laws of the State of Texas. 5. Choice of Venue. Williamson County, Texas shall be the appropriate and exclusive venue for any suit arising out of this Agreement. 6. Headings. The paragraph headings and sub - headings used herein are for descriptive purposes only. These headings have no substantive meaning and the terms of this Agreement shall not be affected by such headings. 7. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEOUENT ORAL AGREEMENTS AMONG THE PARTIES. AGREED TO AND ACCEPTED AS TO FORM AND CONTENT THIS 10 DAY Ev OF I , ) , 2001, BY: The City of Round Rock ail 1 4 l�:_ Robe 'Stluka, Jr. Mayor Attest: By: ,._4 Jo. I Land City Secretary The Oaklands Owners Association, Inc. 1 Dennis Vaughan President -o X Ly • OAKLANDS OWNERS ASSOCIATION 60 ,n d n � k S ORAPHICSCOUNCLL AGENDA REMSENGINE!RINGOAKIANDS OWNERS ASSOC RIR 425-01 DATE: May 4, 2001 SUBJECT: City Council Meeting — May 10, 2001 ITEM: 13.D.2. Consider a resolution authorizing the Mayor to execute a Compromise Agreement with the Oaklands Owners Association, Inc. regarding the Park Valley Drainage Project. This addresses the concerns of the Oaklands Owners Association, Inc., regarding the impact of further development on the City's drainage easement and current uses of this property. Resource: Jim Nuse, Public Works Director Bill Stablein, History: The Oaklands Owners Association, Inc., are concerned about the impact that further development of the City's drainage easement will have on their current uses of this property. This Agreement sets forth the agreements of the parties concerning the current expansion. Funding: Cost: Unknown Source of funds: Unknown Outside Resources: Oaklands Homeowners Association, Smalling Interest Impact: This project will improve the storm -water management program and will slightly affect the aesthetics of the area. Benefit: This project will improve the stormwater management program and allow the Park Valley Drive project to be completed. Public Comment: Several meetings with President of Oaklands Owners Association, Inc. Sponsor: Jim Nuse Mayor Robert A. Stluka. Ji - Mayor Pro:tem Earl M.'Hairsron Council Members .Tom Nielson Carrie Pia FAH Painter - Isabel Callahan - Jimmy Joseph City Manager - Robert L. Beniretu Jr. City Attorney Stephan L Sleets June 6, 2001 Mr. Dennis Vaughan The Oaklands Owners Association, Inc. 902 Oak Park Drive Round Rock, TX 78681 Dear Mr. Vaughan: The Round Rock City Council approved Resolution No. R- 01- 05- 10 -13D2 at their regularly scheduled meeting on May 10, 2001. This resolution approves a Compromise Agreement with the Oakland Owners Association, Inc. Enclosed is a copy of the resolution and compromise agreement for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5555. Sincerely, a/WbW064 J oanne Land Assistant City Manager/ City Secretary Enclosure Fax: 512- 218 -7097 1 -800- 735 -2989 TDD www.ci.rbund- rockjx.us 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 1. 800 - 735.2988 Vince • • • TO 0.00 1. CORO/ACTOR VE?IEY LOCATION . OF SPRINLER OA. TERMINATE SERVICE AT MAW ANA A8LNDO4 SPOTIORER STIhM. 2. RENSION m Di/CRIMES CONCRETE RAMPI TREE WELLS SEEPS. AM GRADING • AONSRIENTS YRILY. •