R-03-03-27-913 - 3/27/2003City of Austin
Law Department
Norwood Tower, 114 West 7th Street, P.o. Box 1546
Austin, Texas 78767 -1546
(512)974 -2268
Writer's Direct Lane
512 / 974-2159 512 / 974.2912
April 9, 2003
Stephan L. Sheets
Sheets & Crossfield, P.0
Attorneys at Law
309 E. Maui Street
Round Rock, Texas 78664
Sincerely,
J M
Re: Round Rock Conveyance of 24" Water Line, Enclosed Deed, Bill of Sale
and Assignment.
Dear Mr. Sheets:
Enclosed for your files is a true copy of the executed Deed, Bill of Sale and Assignment by which
Round Rock conveyed to Austin the subject 24" Water Line We appreciate your courtesyand diligence
in moving this item along to final completion. We have retained the sole executed original for our files.
Please let me know if you have any questions concerning the above.
John M. Ttesnicky
Assistant City Attorney
JMT/Jmt
cc: J. Chris Lippe, P.E., Director, Water and Wastewater Utility
B. Jennings, Wholesale Services Division, Water and Wastewater Utility
Writer's Fax Line
4
THE STATE OF TEXAS
COUNTY OF WILLIAMSON )
E -03 -O . 1- 91'3
O: \wdox \CORR \un I \general \00045821. DOC
DEED, BILL OF SALE AND ASSIGNMENT
KNOW ALL BY THESE PRESENTS:
THAT THE CITY OF ROUND ROCK, a Texas home rule municipal corporation
(hereinafter "Grantor "), whose address is 221 Main Street, Round Rock Texas 78664, for
and in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration in hand paid to Grantor by the CITY OF AUSTIN, a Texas home rule
municipal corporation, P.O. Box 1088, Austin, Texas 78767 (hereinafter "Grantee "), the
receipt and sufficiency of which is hereby acknowledged, and for which no lien express or
implied is retained, has GRANTED, SOLD, CONVEYED and ASSIGNED, and by
these presents does hereby GRANT, SELL, CONVEY and ASSIGN unto Grantee the
following water facilities and appurtenances (the "Conveyed Water Facilities "):
1. The following water distribution facilities more particularly described in the
Engineering Plans for "FM 1325 Waterline, Water System Improvements," File No. C95-
747 on file at the offices of Grantor:
(a) approximately 219.46 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending from Line "A" Engineering Station No. 0 +4.46 to Line
"A" Engineering Station No. 2 +23.92;
(b) approximately 75.00 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending generally north from Line "A" Engineering Station No.
0 +78.92, generally parallel to F.M. 1325;
(c) approximately 4,340.15 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending from Line "A" Engineering Station No. 2 +23.92 to Line
"A" Engineering Station No. 45 + 64.07;
(d) approximately 4020.55 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending from Line "A" Engineering Station No. 45 +64.07 to
Line "A" Engineering Station No. 85 + 84.62;
(e) concrete water meter vault, internal piping and appurtenances, together with
24 -inch ductile iron Interconnecting Pipe extending from Line "A" Engineering Station No.
85 +84.62 to the described concrete water meter vault, and two (2) 10 -inch turbine water
meters, all as more particularly described in the Engineering Plans entitled "FM 1325
Waterline, Water System Improvements" dated April 1995 and sealed by A. William Waeltz,
P.E. on file at the offices of the Grantor.
2. All easements, contract rights, plans and specifications, warranties,
guaranties, bonds, and other assurances of performance, permits, consents, and other rights,
if any, that are directly related to the Conveyed Water Facilities including, without limitation,
all right, title and interest of Grantor in and to the following described Water Line Easement:
(a) Water Line Easement recorded as Document No. 9522909, Real Property
Records of Williamson County, Texas.
(hereinafter, the "Related Rights ").
Grantee accepts said conveyance of the Conveyed Water Facilities and Related Rights
subject to the terms and conditions set forth in that certain "Interlocal Agreement for
Interim Water Service" entered into between Grantor and Grantee on or about May 12,
1995.
TO HAVE AND TO HOLD the Conveyed Water Facilities above - described, together
with all and singular the Related Rights described above, unto Grantee, its successors and
assigns forever.
Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND
title to the Conveyed Water Facilities herein granted unto the Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, through, or under Grantor but not otherwise, subject to the matters set forth
herein. ^y VI/ IOU, ,,
EXECUTED, this o ! day of 1,� I/ , 2003.
O \wdox \CORR \unl \general \00045821 .DOC 2
GRANTOR:
By:
CITY OF RO D ROCK:
•
4" l e 'axwell, Mayor
Date: ,3-011-03
ACCEPTED AND AGREED TO:
CITY OF AUSTIN:
By:
Date: H 7 — o3
J. Chris Lippe, P.E., rector
Water and Wastewater Utility
0
THE STATE OF TEXAS
COUNTY OF WILLIAMSON )
THIS INSTRUMENT was acknowledged before me on this or day of Ma Ark
2003, by Nyle Maxwell, Mayor of the City of Round Rock, a Texas home rule municipal
corporation, on behalf of said municipal corporation.
C 7 � Notary Public, State of Texas (J
JMT /jmt
EAL
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 25 2005
AFTER RECORDING, RETURN TO:
John M. Tresnicky, Assistant City Attorney
City of Austin Law Department
114 W. 7th Street, Fifth Floor
P.O. Box 1088
Austin, Texas 78767
O, \wdox \CORR \unl \ general \00045821 . DOC 3
sem'
[MARTIN HILL 24" WATERLINE '
City Round Rock
City its&ETJ L
CRS RILL
WE►'I'�RLINE ti°`
CiryofAustin
ETJ
Williamson
County,
Travis
County
cup,
M eat 7zL 0
,,4;, ce )/fii-
mi/ta6i.
Isabel Gallahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
April 1, 2003
Mayor Sl cerely,
Mr. John Tresnicky
City of Austin
Law Department
P.O. Box 1088
Austin, TX 78767
Dear Mr. Tresnicky:
The Round Rock City Council approved Resolution No. R- 03- 03- 27 -9I3
at their regularly scheduled meeting on March 27, 2003. This
resolution approves the execution of a Deed, Bill of Sale and
Assignment to the City of Austin for the Martin Hill Water Line.
Enclosed is a copy of the resolution and original document. If you have
any questions, please do not hesitate to contact Steve Sheets at 255-
8877.
Mayor r Pro -t
Nyo -
em
Tom Nielson Christine R. Martinez
City Secretary
Council Members
Alan McGraw
Carrie Pitt
Scot Knight Enclosure
CITY OF ROUND ROCK Administrative Dept., aot East Main Street • Round Rock. Texas 78664
Phone: 912.218.540o • Fax: 512.218.7097 • www_ci_round- rock.tx_us
Christine Martinez
From: Steve Sheets
Sent: March 28, 2003 11:24 AM
To: Christine Martinez
Subject: FW: FM 1325 project
Original Message
From: Georgi.Brooks- Newton @ci.austin.tx.us [mailto:Georgi .Brooks - Newton @ci.austin.b .us]
Sent: Friday, March 28, 2003 11:18 AM
To: slsheets @round - rock.tx.us
Subject: RE: FM 1325 project
/John John Tresnicky
City of Austin
Law Department
P.O. Box 1088
Austin, TX 78767
03/29/2003
Original Message
From: Steve Sheets [mailto:slsheets @round- rock.tx.us]
Sent: Friday, March 28, 2003 11:17 AM
To: Georgi .Brooks - Newton @ci.austin.tx.us
Subject: RE: FM 1325 project
What is John's mailing address and I will forward it to the City Secretary and maybe she can get it into today's mail?
Original Message
From: Georgi .Brooks - Newton @ci.austin.b .us [mailto:Georgi .Brooks - Newton @ci.austin.tx.us]
Sent: Friday, March 28, 2003 11:02 AM
To: slsheets @round- rock.tx.us
Subject: RE: FM 1325 project
No not absolutely necessary, he just prefers three the one will be sufficient and copies can be made
Thank you.
Original Message
From: Steve Sheets [mailto:slsheets @round- rock.tx.us]
Sent: Friday, March 28, 2003 11:04 AM
To: Georgi .Brooks - Newton @ci.austin.tx.us
Subject: RE: FM 1325 project
We have only one signed by the Mayor at this time. Are three absolutely necessary?
Original Message
From: Georgi.Brooks- Newton @ci.austin.tx.us [mailto: Georgi .Brooks - Newton @ci.austin.tx.us]
Sent: Friday, March 28, 2003 10:55 AM
To: slsheets @round- rock.tx.us
Subject: RE: FM 1325 project
This is good news Please mail John Tresnicky three originals if possible....
Thank you.
Georgi
Page 1 of 2
03/29/2003
Page 2 of 2
Original Message
From: Steve Sheets [mailto:slsheets @round- rock.tx.us]
Sent: Friday, March 28, 2003 10:57 AM
To: Georgi .Brooks - Newton @ci.austin.tx.us
Subject: RE: FM 1325 project
Georgi,
Yes the conveyance document was approved last night. The City Secretary is processing
the original documents today, so they should be ready to go out Monday. Who should the
original be mailed to?
Steve
Original Message
From: Georgi .Brooks - Newton @ci.austin.b .us [mailto:Georgi.Brooks -
Newton @ci.a ustin.tx.us]
Sent: Friday, March 28, 2003 10:09 AM
To: slsheets @sheets- crossfield.com
Cc: Bart.Jennings @ci.austin.tx.us
Subject: FM 1325 project
Hey Steve did the Round rock City Council approve the FM 1325 project
yesterday or are additional modifications required to the conveyance
document ?? please advise.
Thank you.
Georgi
RESOLUTION NO. R- 03- 03- 27 -9I3
WHEREAS, the City of Round Rock has previously entered into a
contract with the City of Austin for the installation of an emergency
connection to Austin's Martin Hill storage facilities, and
WHEREAS, said contract requires the City of Round Rock to assign
all portions of the pipeline and easements located within the City of
Austin's service area to the City of Austin upon completion of the
project, and
WHEREAS, the City of Round Rock wishes to execute a Deed, Bill
of Sale and Assignment to the City of Austin, 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 Deed, Bill of Sale and Assignment to the City of
Austin for the Martin Hill Water Line, 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.
O\,,don\RESOLUTI \R3O327I3 .WPO /ac
RESOLVED this 27th day of March, 2003
ST:
CHRISTINE R. MARTINEZ, City Secreta
2
LL, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
DEED, BILL OF SALE AND ASSIGNMENT
KNOW ALL BY THESE PRESENTS:
THAT THE CITY OF ROUND ROCK, a Texas home rule municipal corporation
(hereinafter "Grantor "), whose address is 221 Main Street, Round Rock Texas 78664, for
and in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration in hand paid to Grantor by the CITY OF AUSTIN, a Texas home rule
municipal corporation, P.O. Box 1088, Austin, Texas 78767 (hereinafter "Grantee "), the
receipt and sufficiency of which is hereby acknowledged, and for which no lien express or
implied is retained, has GRANTED, SOLD, CONVEYED and ASSIGNED, and by
these presents does hereby GRANT, SELL, CONVEY and ASSIGN unto Grantee the
following water facilities and appurtenances (the "Conveyed Water Facilities "):
1. The following water distribution facilities more particularly described in the
Engineering Plans for "FM 1325 Waterline, Water System Improvements," File No. C95-
747 on file at the offices of Grantor:
(a) approximately 219.46 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending from Line "A" Engineering Station No. 0 +4.46 to Line
"A" Engineering Station No. 2 + 23.92;
(b) approximately 75.00 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending generally north from Line "A" Engineering Station No.
0 +78.92, generally parallel to F.M. 1325;
(c) approximately 4,340.15 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending from Line "A" Engineering Station No. 2 +23.92 to Line
"A" Engineering Station No. 45 + 64.07;
(d) approximately 4020.55 linear feet of 24 -inch ductile iron water distribution
main and appurtenances extending from Line "A" Engineering Station No. 45+64.07 to
Line "A" Engineering Station No. 85 + 84.62;
(e) concrete water meter vault, internal piping and appurtenances, together with
24 -inch ductile iron Interconnecting Pipe extending from Line "A" Engineering Station No.
85 +84.62 to the described concrete water meter vault, and two (2) 10 -inch turbine water
meters, all as more particularly described in the Engineering Plans entitled "FM 1325
Waterline, Water System Improvements" dated April 1995 and sealed by A. William Waeltz,
P.E. on file at the offices of the Grantor.
2. All easements, contract rights, plans and specifications, warranties,
guaranties, bonds, and other assurances of performance, permits, consents, and other rights,
if any, that are directly related to the Conveyed Water Facilities including, without limitation,
all right, title and interest of Grantor in and to the following described Water Line Easement:
O: \wdox \CORK \unl \general \00045821. DOC
EXHIBIT
(a) Water Line Easement recorded as Document No. 9522909, Real Property
Records of Williamson County, Texas.
(hereinafter, the "Related Rights ").
Grantee accepts said conveyance of the Conveyed Water Facilities and Related Rights
subject to the terms and conditions set forth in that certain "Interlocal Agreement for
Interim Water Service" entered into between Grantor and Grantee on or about May 12,
1995.
TO HAVE AND TO HOLD the Conveyed Water Facilities above - described, together
with all and singular the Related Rights described above, unto Grantee, its successors and
assigns forever.
Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND
title to the Conveyed Water Facilities herein granted unto the Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, through, or under Grantor but not otherwise, subject to the matters set forth
herein.
EXECUTED, this day of , 2003.
Date:
0:\ wdox \CORR \unl\general \00045821.DOC 2
GRANTOR:
CITY OF ROUND ROCK:
By:
Date:
ACCEPTED AND AGREED TO:
CITY OF AUSTIN:
By:
Nyle Maxwell, Mayor
J. Chris Lippe, P.E., Director
Water and Wastewater Utility
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
THIS INSTRUMENT was acknowledged before me on this day of
2003, by Nyle Maxwell, Mayor of the City of Round Rock, a Texas home rule municipal
corporation, on behalf of said municipal corporation.
JMT /jmt
(SEAL)
AFTER RECORDING, RETURN TO:
John M. Tresnicky, Assistant City Attorney
City of Austin Law Department
114 W. 7 Street, Fifth Floor
P.O. Box 1088
Austin, Texas 78767
O: \wdox \CORK \unl \general \00045821.DOC 3
Notary Public, State of Texas
Al-41
[MARTIN MLL 24" WATERLINE
i City Round Rock J�
City imits&ETJ
t
RTIN HILL
ERLINE ry°`
City of Austin c
ETJ
Williamson
County
Travis
County
k
DATE: March 21, 2003
SUBJECT: City Council Meeting — March 27, 2003
ITEM: *9.I.3. Consider a resolution authorizing the Mayor to execute a Deed, Bill of
Sale and Assignment to the City of Austin for the Martin Hill Water
Line.
Resource: Tom Clark, Director of Utilities
Danny Halden, City Engineer
History: In May 1995, the City of Round Rock entered into a contract with the City of
Austin for the installation of an emergency connection to Austin's Martin Hill
storage facilities. The improvements were to be installed along the FM 1325 and
Shoreline Drive right -of -way. The agreement allowed Round Rock to delay the
expense of installing the Williamson County Raw Water Line for several years.
The agreement requires Round Rock to assign all portions of the pipeline and
easements located within Austin's service area to Austin upon completion of the
project. This resolution will fulfill the contractual requirements by assigning
approximately 8,655 feet of 24" pipeline and easement to Austin.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Bart Jennings, Assistant Utilities Director, Austin
Impact: Delayed expense of Stillhouse Hollow Pipeline for several years.
Benefit: The interconnect acts as an emergency backup in the event of a major
water pipeline break in Round Rock.
Public Comment: N/A
Sponsor: N/A