R-02-08-08-11G10 - 8/8/2002RESOLUTION NO. R- 02- 08- 08 -11G10
WHEREAS, the City of Round Rock ( "City ") desires to execute an
assignment with the Lower Colorado River Authority to convey rights in
the downstream portion of the Onion Branch Sewer Interceptor from MUD
No. 9, 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 Bill of Sale and Assignment and an Assignment of
Easements with the Lower Colorado River Authority to convey rights in
the downstream portion of the Onion Branch Sewer Interceptor from MUD
No. 9, a copy of same being attached hereto as Exhibit "A" 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.
RESOLVED this 8th day of August, 2.12
ATPAA„,,,e
CHRISTINE R. MARTINEZ, City Secre
.00MMWOALDOX \O. \WOO % \HESOL"TI \A20008G.10/ec
, Mayor
City of Round Rock, Texas
ASSIGNMENT OF EASEMENTS
DATE: June 10, 2002
ASSIGNOR: WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
ASSIGNOR'S MAILING ADDRESS: c/o ECO Resources, Inc.
9511 Ranch Road 620 North
Austin, TX 78727
Williamson County
ASSIGNEE: LOWER COLORADO RIVER AUTHORITY, a conservation and
reclamation district of the State of Texas
ASSIGNEE`S MAILING ADDRESS: P.O. Box 220
Austin, Texas 78767
CONSIDERATION: Ten dollars and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged
PROPERTY: 1) Sanitary Sewer Line Easement dated February 27, 1989 from Onie
Loree Behrens recorded in Volume 1762, Page 437, Official
Records of Williamson County, Texas; and
2) Sanitary Sewer Line Easement dated June 27, 1988 from Hy -Land
North Joint Venture recorded in Volume 1711, Page 752, Official
Records of Williamson County, Texas, (together, the "Property).
PROJECT: Brushy Creek Regional Wastewater System
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE:
All the rights of the underlying fee owners; easements and rights -of -way of
record; all presently recorded restrictions, reservations, covenants, conditions, oil and gas
leases, mineral severances, and other instruments; any other easements, liens, and
encumbrances of record that affect the Property; discrepancies, conflicts, or shortages in
area or boundary lines; and any encroachments or overlapping of improvements.
CONVEYANCE:
Assignor, for the consideration and subject to the above - stated reservations and
exceptions, grants, sells, and conveys to Assignee the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and to hold
the same to Assignee, Assignee's successors and assigns forever and Assignor does
2/02
RR/MUD9
EXHIBIT
nA
hereby agree to warrant and forever defend the title to same to Assignee against any other
persons lawfully claiming same by, through or under Assignor, but not otherwise.
Assignor hereby authorizes the use by Assignee of any and all real property,
streets, alleys, public ways and places, and general utility or wastewater line easements of
Assignor for operation and maintenance of the Project.
When the context requires, singular nouns and pronouns include the plural.
ASSIGNMENT AND CONSENT:
2/02
RR/MUD9
2
William County Munici District No. 9
By:
Name:
Title:
The City of Round Rock, Texas, hereby assigns and transfers to the Lower
Colorado River Authority all of Round Rock's rights under Section 3.04 of that certain
Water and Wastewater Agreement dated June 22, 1987, as amended, between Williamson
County MUD #9, L & N Corp. and the City of Round Rock insofar as they relate to the
Property described in Exhibit A and consents to the sale and assignment of such Property
to the Lower Colorado River Authority as provided herein.
The City of Round Rock, Texas, hereby authorizes Williamson County MUD #9
to transfer and convey to the Lower Colorado River Authority all of Round Rock's rights
pursuant to Section 3.04 of the Water and Wastewater Agreement dated June 22, 1987.
City of Round Rock, Texas
By:
Name: Nyle Maxwell
Title: Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
This inst e t was acknowledge before me on IA‘.f / , 2002
by of W iamson County Municipal
District No. 9, on behalf of said district.
STATE OF TEXAS
(SEAL)
2/02
RR/MUD9
1
COUNTY OF WILLIAMSON §
Ali "1'I:R RECORDING RETURN TO:
Lower Colorado River Authority
P.O. Box 220
Austin, Texas 78767
Attn: M.A. Pace
ACKNOWLEDGMENT
3
This instrument was acknowledged before me on , 2002
by Nyle Maxwell, Mayor, City of Round Rock, Texas, a Texas home rule city, on behalf
of said city.
Notary Public, State of Texas
Date: June 10, 2002
BILL OF SALE AND ASSIGNMENT
Grantor's Mailing Address (including county):
Williamson County Municipal Utility District No. 9
c/o ECO Resources
9511 Ranch Road 620.North
Austin, TX 78726
Williamson County
Grantor: Williamson County Municipal Utility District No. 9, a political subdivision of the
State of Texas
Grantee: Lower Colorado River Authority, a Texas conservation and reclamation district
Grantee's Mailing Address (including county):
Lower Colorado River Authority
P. O. Box 220
Austin, Texas 78767 -0220
Travis County
Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand
paid by Grantee.
Facilities: See Exhibit "A" attached hereto.
Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee:
a) The Facilities as described on Exhibit "A" and any appurtenances related thereto.
Reference is hereby made to that certain "Water and Wastewater Agreement" dated
January 22, 1987, between Grantor and the City of Round Rock, Texas ( "Round Rock "), as
amended (the "Agreement ") and that certain "Assignment of Easements and Permits" of even
date herewith executed by Grantor in favor of Grantee (the "Assignment "). Grantee is the
assignor of Round Rock and entitled to all rights of Round Rock under the Agreement. The
covenants, representations and warranty disclaimers set forth in the Agreement are hereby
incorporated herein by reference as if such covenants, representations or disclaimers were fully
set out herein. Grantee acknowledges and agrees that such covenants, representations and
disclaimers, though not set forth herein in full, are applicable and effective with respect to the
conveyance, assignment and transfer evidenced hereby.
Grantor wan that all of the Facilities are located in easements conveyed by Grantor to
Grantee in the Assignment or in dedicated public utility easements or rights -of -way. Grantor
agrees to indemnify and hold harmless Grantee from any and all claims arising out of any breach
of this warranty.
BillofSaleToLCRAforWastewaterline— WCMUD9
Grantor agrees to hereafter cooperate with Grantee, take such additional actions and
execute such other specific documents as may be necessary or appropriate to accomplish the
transfers contemplated in the Agreement and this document.
When the context requires, singular nouns and pronouns include the plural. References
to defined terms shall refer to those terms as defined in the Agreement.
ACCEPTED:
Executed effective June 10, 2002.
ASSIGNMENT AND CONSENT:
Billo6aleToLCRAforW aslewatcrline
GRANTOR:
Williamson County M - cipal U lity District No. 9
By:
GRANTEE:
By:
P sident, Board .` Directors
By:
LOWER COLORADO RIVER AUTHORITY
Ran. J. G.ss, P.E., Manager
Water and Wastewater Utility Services
Nyle Maxwell, Mayor
The City of Round Rock, Texas, hereby assigns and transfers to the Lower Colorado River
Authority all of Round Rock's rights under Section 3.04 of that certain Water and Wastewater Agreement
dated June 22, 1987, as amended, between Williamson County MUD #9, L & N Corp. and the City of
Round Rock insofar as they relate to the Facilities described in Exhibit A and consents to the sale and
assignment of such Facilities to the Lower Colorado River Authority as provided herein.
The City of Round Rock, Texas, hereby authorizes Williamson County MUD #9 to transfer and
convey to the Lower Colorado River Authority those off -site wastewater improvements described as
Facilities in Exhibit A pursuant to Section 3.04 of the Water and Wastewater Agreement dated June 22,
1987.
CITY OF ROUND ROCK, TEXAS
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on
President, Board of Directors of Williamson County Mun pal Utility District No. 9, on behalf of said
municipal utility district.
(S
STATE OF TEXAS
Tigievr5
COUNTY OF h04SQI- §
This instrument was acknowledged before me on Tone, , 2002, by Randy, J. Goss,
P.E., Manager, Water and Wastewater Utility Services, Lower Colorado River Authority, on behalf of said
conservation and reclamation district.
(SEAL)
M. A. PACE
Notary Pab o. stale of Tens
!Ay comda ton Neves
JUNE 27, 2003
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on , 2002, by Nyle Maxwell,
Mayor, City of Round Rock, Texas, a home rule city, on behalf of said city.
Notary Public, State of Texas
(SEAL) My Commission Expires:
BillolSaleToLCRAfor Wastewatcrl ine
Public, ' ate of Texas
My Commission Expires:
Notatyl Public, State of Texas
My Commission Expires:
2002, by�Q.r 4,4".
Approximately 5,335 linear feet of 18 and 21 -inch diameter wastewater interceptor commencing at
Manhole #10 and ending at Manhole #24 in the south right -of -way of FM 1431 as shown on the
"Construction Plans for Vista Oaks Offsite Wastewater Improvements — Phase A" prepared by Haynie,
Kaltman & Gray, Inc.
AFTER RECORDING RETURN TO:
Lower Colorado River Authority
P.O. Box 220
Austin, Texas 78767 -0220
Attn: M. A. Pace
EXHIBIT A
Description of Facilities
DATE: August 2, 2002
SUBJECT: City Council Meeting — August 8, 2002
ITEM: 11.G.10. Consider a resolution authorizing the Mayor to execute an
Assignment of Easements and a Bill of Sale and Assignment with the
Lower Colorado River Authority to convey rights in the downstream
portion of the Onion Branch Sewer Interceptor from MUD No. 9.
Resource: Jim Nuse, Chief of Operations /Assistant City Manager
History: The Onion Branch sewer interceptor is currently an integrate part of the Regional
Sewer System. The use and operation and maintenance costs should be
distributed among the Regional Partners.
Funding:
Cost: There is no cost to Round Rock in this action
Source of funds: N/A
Outside Resources: LCRA, MUD #9
Impact /Benefit: This action will more accurately account for operation/maintenance costs for
this line.
Public Comment: N/A
Sponsor: N/A
copy
Date: June 10, 2002
Grantor: Williamson County Municipal Utility District No. 9, a political subdivision of the
State of Texas
Grantor's Mailing Address (including county):
Williamson County Municipal Utility District No. 9
c/o ECO Resources
9511 Ranch Road 620 North
Austin, TX 78726
Williamson County
Grantee: Lower Colorado River Authority, a Texas conservation and reclamation district
Grantee's Mailing Address (including county):
Lower Colorado River Authority
P. O. Box 220
Austin, Texas 78767 -0220
Travis County
Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand
paid by Grantee.
BILL OF SALE AND ASSIGNMENT
Facilities: See Exhibit "A" attached hereto.
Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee:
a) The Facilities as described on Exhibit "A" and any appurtenances related thereto.
Reference is hereby made to that certain "Water and Wastewater Agreement" dated
January 22, 1987, between Grantor and the City of Round Rock, Texas ( "Round Rock "), as
amended (the "Agreement ") and that certain "Assignment of Easements and Permits" of even
date herewith executed by Grantor in favor of Grantee (the "Assignment "). Grantee is the
assignor of Round Rock and entitled to all rights of Round Rock under the Agreement. The
covenants, representations and warranty disclaimers set forth in the Agreement are hereby
incorporated herein by reference as if such covenants, representations or disclaimers were fully
set out herein. Grantee acknowledges and agrees that such covenants, representations and
disclaimers, though not set forth herein in full, are applicable and effective with respect to the
conveyance, assignment and transfer evidenced hereby.
Grantor warrants that all of the Facilities are located in easements conveyed by Grantor to
Grantee in the Assignment or in dedicated public utility easements or rights -of -way. Grantor
agrees to indemnify and hold harmless Grantee from any and all claims arising out of any breach
of this warranty.
BillofSa leToLCRAforWastewaterline — WCMUD9
Grantor agrees to hereafter cooperate with Grantee, take such additional actions and
execute such other specific documents as may be necessary or appropriate to accomplish the
transfers contemplated in the Agreement and this document.
When the context requires, singular nouns and pronouns include the plural. References
to defined terms shall refer to those terms as defined in the Agreement.
ACCEPTED:
Executed effective June 10, 2002.
ASSIGNMENT AND CONSENT:
BillolsaleToLCRAforW astewaterl ine
GRANTOR:
Williamson County M ility District No. 9
By:
GRANTEE:
By:
LOWER COLORADO RIVER AUTHORITY
Ran. J. G.ss, P.E., Manager
Water and Wastewater Utility Services
The City of Round Rock, Texas, hereby assigns and transfers to the Lower Colorado River
Authority all of Round Rock's rights under Section 3.04 of that certain Water and Wastewater Agreement
dated June 22, 1987, as amended, between Williamson County MUD #9, L & N Corp. and the City of
Round Rock insofar as they relate to the Facilities described in Exhibit A and consents to the sale and
assignment of such Facilities to the Lower Colorado River Authority as provided herein.
The City of Round Rock, Texas, hereby authorizes Williamson County MUD #9 to transfer and
convey to the Lower Colorado River Authority those of site wastewater improvements described as
Facilities in Exhibit A pursuant to Section 3.04 of the Water and Wastewater Agreement dated June 22,
1987.
CI •FOC
„. ."
By: f� ir /�
— 9 .'well, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on
President, Board of Directors of Williamson County Mun
municipal utility district.
(S
TAMMY L DAVIS
MY COMMISSION EXPIRES
April 1,2003
STATE OF TEXAS
rgRVyS
COUNTY OF :I* §
(SEAL)
This instrument was acknowledged before me on Sane /- , 2002, by Randy, J. Goss,
P.E., Manager, Water and Wastewater Utility Services, Lower Colorado River Authority, on behalf of said
conservation and reclamation district.
(S
"plink M. A. PACE
1 � Notary Public, State camas
>...... My Commtedon E>yiree
JUNE 27, 2003
STATE OF TEXAS
COUNTY OF WILLIAMSON
BillotSalefoLCRAforW astewaterl ine
CHRISTINE R. MARTINEZ
MV COMMISSION EXPIRES
August 23.2005
, 2002, by
pal Utility District No. 9, on behalf of said
Public, ate of Texas
My Commission Expires:
No Public, State of Texas
My Commission Expires:
This instrument was acknowledged before me on fi14 ii57r , 2002, by Nyle Maxwell,
Mayor, City of Round Rock, Texas, a home rule city, on behalf of said city.
Notary Public, State of Texas
My Commission Expires: 8-28 -05
AFTER RECORDING RETURN TO:
Lower Colorado River Authority
P.O. Box 220
Austin, Texas 78767 -0220
Attn: M. A. Pace
EXHIBIT A
Description of Facilities
Approximately 5,335 linear feet of 18 and 21 -inch diameter wastewater interceptor commencing at
Manhole 410 and ending at Manhole #24 in the south right -of -way of FM 1431 as shown on the
"Construction Plans for Vista Oaks Offsite Wastewater Improvements — Phase A" prepared by Haynie,
Kallman & Gray, Inc.
ASSIGNMENT OF EASEMENTS PY
DATE: June 10, 2002
ASSIGNOR: WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
ASSIGNOR'S MAILING ADDRESS:
c/o ECO Resources, Inc.
9511 Ranch Road 620 North
Austin, TX 78727
Williamson County
ASSIGNEE: LOWER COLORADO RIVER AUTHORITY, a conservation and
reclamation district of the State of Texas
ASSIGNEE'S MAILING ADDRESS: P.O. Box 220
Austin, Texas 78767
CONSIDERATION: Ten dollars and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged
PROPERTY: 1) Sanitary Sewer Line Easement dated February 27, 1989 from Onie
Loree Behrens recorded in Volume 1762, Page 437, Official
Records of Williamson County, Texas; and
2) Sanitary Sewer Line Easement dated June 27, 1988 from Hy -Land
North Joint Venture recorded in Volume 1711, Page 752, Official
Records of Williamson County, Texas, (together, the "Property).
PROJECT: Brushy Creek Regional Wastewater System
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE:
All the rights of the underlying fee owners; easements and rights -of -way of
record; all presently recorded restrictions, reservations, covenants, conditions, oil and gas
leases, mineral severances, and other instruments; any other easements, liens, and
encumbrances of record that affect the Property; discrepancies, conflicts, or shortages in
area or boundary lines; and any encroachments or overlapping of improvements.
CONVEYANCE:
Assignor, for the consideration and subject to the above - stated reservations and
exceptions, grants, sells, and conveys to Assignee the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and to hold
the same to Assignee, Assignee's successors and assigns forever and Assignor does
vo2
RRJMUD9
1
hereby agree to warrant and forever defend the title to same to Assignee against any other
persons lawfully claiming same by, through or under Assignor, but not otherwise.
Assignor hereby authorizes the use by Assignee of any and all real property,
streets, alleys, public ways and places, and general utility or wastewater line easements of
Assignor for operation and maintenance of the Project.
2/02
RR/MU
When the context requires, singular nouns and pronouns include the plural.
ASSIGNMENT AND CONSENT:
2
William County Munich _District No. 9
By:
Name: Raincr / -le-tA
Title: {?r e.51o(4 4. t(-
The City of Round Rock, Texas, hereby assigns and transfers to the Lower
Colorado River Authority all of Round Rock's rights under Section 3.04 of that certain
Water and Wastewater Agreement dated June 22, 1987, as amended, between Williamson
County MUD #9, L & N Corp. and the City of Round Rock insofar as they relate to the
Property described in Exhibit A and consents to the sale and assignment of such Property
to the Lower Colorado River Authority as provided herein.
The City of Round Rock, Texas, hereby authorizes Williamson County MUD #9
to transfer and convey to the Lower Colorado River Authority all of Round Rock's rights
pursuant to Section 3.04 of the Water and Wastewater Agreement dated June 22, 1987.
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on I/ 4 / 0 , 2002
by , / +iF of W iamson County Municipal
District No. 9, on behalf of said district.
*r ' r TAMMY L. DAMS
MY COMMISSION EXPIRES
, Apra 1, 2003
(SEAL)
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on Pt-Jeri/Sr /Z , 2002
by Nyle Maxwell, Mayor, City of Round Rock, Texas, a Texas home rule city, on behalf
of said city.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 25, 2005
AFTER RECORDING RETURN TO:
Lower Colorado River Authority
P.O. Box 220
Austin, Texas 78767
Attn: M.A. Pace
2/02
RRJMUD9
ACKNOWLEDGMENT
3
ary ' ublic, S ate of Texas
eiuuthj ),e- dnaA;Ke
Notary Public, State of Texas
PHONE (512) 451-6689
FAX (512) 453.0865
Mr. Stephan Sheets
Brown McCarroll &
Oaks Hartline
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664 -5246
RJF:jjs
Enclosures
cc: (letter only)
Jim Clarno
Mary Ann Pace
LAW OFFICES OF
RONALD J. FREEMAN
2304 Hancock, Suite 6
Austin, Texas 78756
July 15, 2002
e -mail TXWATERRES@aol.com
(512) 797-6649 MOBILE
Re: Onion Branch Interceptor - Williamson County MUD 9 Conveyances to LCRA
Dear Steve:
Enclosed please find the following documents:
1. Bill of Sale and Assignment; and
2. Assignment of Easements.
After the City Council has approved Round Rock's assignment to LCRA of the rights to
have Williamson County MUD 9 transfer to LCRA the "downstream" part of the wastewater
interceptor serving the Brushy Creek MUD North and Williamson County MUD 9 areas, please
have both enclosed documents executed by the Mayor, notarized and return them to Mary Ann
Pace at LCRA for filing.
If you have any questions, please call me.
Very truly yours,
Ronald J. Freeman
Mayor
Nyle Maxwell
Mayor Pro-tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pin
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
alien L. Bennett, J r.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
August 30, 2002
Ms. Mary Ann Pace
Lower Colorado River Authority
P.O. Box 220
Austin, TX 78727
Re: Onion Branch Interceptor - Williamson County MUD 9 Conveyances
to LCRA
Dear Ms. Pace:
The Round Rock City Council approved Resolution No. R- 02- 08 -08-
11G10 at their regularly scheduled meeting on August 8, 2002 which
approves the Bill of Sale and Assignment and Assignment of Easements
concerning the Onion Branch Sewer Interceptor from MUD No. 9.
At the request of Ronald Freeman, enclosed is the original Bill of Sale
and Assignment and original Assignment of Easements.
If you have any questions, please do not hesitate to contact Steve Sheets
at 255 -8877.
S'ncerely,
y ,
Christine R. Martine z
City Secretary
Enclosure
CITY OF ROUND ROCK221 East Main Street • Round Rock, Texas 78664
Phone: 512 218,5goo • Fax: 512 2i8.7o97 • Voice: t.800.735.2988 • L.800.7352989 TDD • www,ci.round rock.tx. us