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R-78-166 - 5/11/1978COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS Mr. James Samuelson City Manager City of Round Rock Round Rock, Texas 78664 Dear Mr. Samuelson: STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin, Texas 78761 May 31, 1978 Control 683 -1 Williamson County R. M. 620: From IH 35 in Round Rock West A Distance of Approximately 2.8 Miles Several days ago Mr. Callaway delivered the Utility Joint Use Agreements together with the resolution covering the adjustment of your water and waste- water lines within the above described limits. Since these agreements were copies and there was no certificate on the resolution, Mr. Callaway was advised that we must at least have one signed copy of the Utility Joint Use Agreement and a certified copy of the resolution authorizing the signature on the agreement. ENGINEER.DIRECTOR B L OEBERRY As to date, we have not received these documents. We did receive the proposed plan of the work to be accomplished in this area. Our letter to you dated May 9, 1978 advised that the water line would require lowering in order to have the proper clearance since the minimum depth of cover within the right of way and under highway ditches is 24 ". This line must also be encased. It is requested that the original signed agreement together with a certified copy of the resolution authorizing the signature be transmitted to this office as soon as possible in order that we can forward the entire assembly to our main office for approval. If you have any questions concerning this, please let us know. WPK:wc Sincerely, R. A. Brown Distr/ct Engineer Harry J Supv. L, f Way Engineer IN REPLY REFER TO FILE NO. RAY IJYTON Mayor JEAN LOVING MunklAs1 Jurhmt ROBERT GRIFFITH Mayor Pro-tent , • COUNCILMEN • LARRY TORN • .; '- PETE CORR. MINE ROBINSON • - TOM LOPES STEVE PENA JAMES G. SAMUELSON, JR. Gay MarlagEr STEPHEN L SHEETS • CItY AttR??.fl , • „.,4:•44..., ' • :•• - • •:•4 - THE CITY OF ROUND ROCK rl ••..-* 2 E. Main St. • AC 512-255-3612 • Round Rock, Texas 78664 - ' "GOOD LJVING WITH A PROUD HERITAGE" ' th = • d . , , - . , . •. • '- •• • • • d • - • • : • • . ...••„, • f r • - — pF:rf.i.ff • - • .,-,••• • June:-7:=1978 . • - - - ",.."'., • - • - •, ;'' - , -;-„-- 4 i-i-v'-&-.- f.---- - -.----..--.-5-y4:-....--- Mr.' 'Harry- Johnson .. :,.. •- ' -- - ; : .,-. .t'7- •:';',... ,. ; . - ' Supv.!Right of Way- Engineer ‘-; -.,' ,• .t.-._..„ .. ` P.O. Drawer , 15426 j-. Austin;-Texas 78761!...- - - r-'-.;% • . - ' - , - • -!-----:', .--., . -- ';'' - ----il . . . . .„...-.._ . '-. RE: Control 683-1 .. . . Williamson County - -,- - ,-„; - :4:.;. - -.... - L'..•• -; - -- R.M • 620. From IH 35-in Round Rock West Distance-of Approximately 2.8 d d ,dral ' ar dr . - . - Dear Mr. Johnson: Enclosed please:Find the original signed Utility;Joint Use Agreement and-a certified copy of the resolution authorizing the signature on the agreement as per 'Your dated May 31 - I f.= I.fmay be4of„ a ny furtlier . a ss i sta nce to you pl ea - do not hesitate to_contact this office at any - • • • • , Joanne Land-. • • - • ■ , ' . ' -: . • • - - -"" City Secretary • . •• • • ' City of Round Rock • •.... - r "el -. • • Attachments -7' • • , • 1, 0 - . - . . . ' . , -, ...V,V1, -kr: .-• .., ...•...: r • - 1 '' '' ' • '''''' ''. ;,- • ,2.• . ....• .... - 4 . , .... i. , . . . . , . • • • • • ' ' ' "• ' ' ' = " State Department of Highways and Public Transportation Right of Way Division Form D- 1- 15 -24A Page 1 of 2 Rev. 8 -75 THE STATE OF TEXAS COUNTY OF TRAVIS UTILITY JOINT USE AGREEMENT (non - controlled access highway) COUNTY Williamson PROJECT Control 683 -1 ACCT. NO. HIGHWAY RM 620 LIMITS: From IH 35 in Round Rock West a Distance of Approx. 2.8 Miles WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Round Rock - Water & Sanitary Sewer , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or other- wise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation,, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended over- . head lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate. action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility. facilities required by highway construction shall be in accor- dance with and to the extent possible under applicable laws of the State of Texas. State Department of Highways and PUblic Transportation Right of Way Division Form D- 15 -24A Page 2 of 2 Rev. 8 -75 Except as expressly provided herein, (1) The Owner's rights of access to the through- traffic roadways and /or ramps shall be subject to the same rules and regula- tions as apply to the general public, and (2) The Owner and the State, by the execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation District Engineer Right of Way Engineer Date City of Round Rock - OWNER: Water & Sanitary Sewer Title &a( /(J//) Date //, /976P State Department of Highways and Public Transportation Right of Way Division Form D- 15 -24A Page 1 of 2 Rev. 8 -75 COUNTY OF TRAVIS UTILITY JOINT USE AGREEMENT (non - controlled access highway) TED; STATE OF TEXAS X COUNTY Williamson PROJECT Control 683 -1 ACCT. NO. HIGHWAY RH 620 LIMITS: From Ili 35 in Round Rock West 'a a Distance of Approx. 2.8 Miles WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. Sanitary WHEREAS, the City of Round Rock - Water & Sewer , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated 6 : F : C l : i t r:.•6:Y4Y'� • : : : J - ? . N Y [ � 9:•:. J:•» *'A � a a Y : . . • : . . : . " . , . . : v : • ' • : • : o c c e : • omo :'.:5c •• • 4 1 : . * : • : • . • : • : • X • •.•,•'•'•y'•:•• ,A . • ••• axon location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made'of the area within the highway right of way limits as such area .is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or other- wise under law has the right to alter, modify or add to.facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of_Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic,'and if, in the opinion of the State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended over- head lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, eitheL party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except • State Departme.._ _._ , dighways and Public Transporation Right of Way Division Form D- 15 -24A Page 2 of 2 Rev. 8 -75 as expressly provided herein, (1) The Owner's rights of access to the through- traffic roadways and /or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) The Owner and the State, by the execution of this agree - ment, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein; .. the State may take such action as it deems appropriate to compel compliance. ''t °: IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS - State Department of Highways and Public Transportation District Engineer Right of Way Engineer Date OWNER: By Title Date City of Round Rock - Water & Sanitary Sewer'. * STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK .I, JOANNE LAND, City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 11th day of May, 1978 which is recorded in the minutes of the City of Round Rock in book 7, page 179. WITNESSED by my hand and seal of the City of Round Rock, Texas on this 6th day of June, 1978. 1 J0p E LAND, City Secretary r ? City of Round Rock, Texas -, ')' ` NO. /6, RESOLUTION WHEREAS, the State of Texas, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements to RM 620, and WHEREAS, the City of Round Rock, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way, and WHEREAS, the Council of the City of Round Rock wishes to enter into a joint use agreement for the joint usage for both highway and utility purposes within the highway right of way limits, NOW THEREFORE BE IT RESOLVED that the Council of the City of Round Rock hereby resolves to authorize the Mayor to enter into an Utility Joint Use Agreement with the State Department of Highways and Public Transportation, a copy of which is at- tached hereto. READ,'PASSED AND RESOLVED this the llth day of May, 1978. ' ATTEST: , C'ty Secretary ar9 ay/Litton, Mayor City of Round Rock NO. �lolo,4 RESOLUTION WHEREAS, the State of Texas, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements to RM 620, and WHEREAS, the City of Round Rock, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or,, over such limits of the highway right of way, and WHEREAS, the Council of the City of Round Rock wishes to enter into a joint use agreement for the joint usage for both highway and utility purposes within the highway right of way limits, I NOW, THEREFORE BE IT RESOLVED 'that the, of the City P LS / h a is a of Round Rock hereby resolves to authorize the Mayor to enter into an Utility Use Agreement with the State Department ^ �` =s of Highways, and Public Transportation, a copy of which is at- tached hereto. ATTEST: READ, PASSED AND RESOLVED this the llth day of May, 1978. ` i�ay/Littbn, M City of Round`Rock , State Department of Highways and Public Transportation Right of Way Division Form D- 1- 15 -24A Page 1 of 2 Rev. 8 -75 UTILITY JOINT USE AGREEMENT' (non - controlled access highway) • THE STATE OF TEXAS X COUNTY Williamson PROJECT Control 683 -1 COUNTY OF TRAVIS X ACCT. NO. HIGHWAY RM 620 LIMITS: From IH 35 in Round Rock West a Distance of Approx. 2.8 Miles WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Round Rock - Water & Sanitary Sewer , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or other- wise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway'or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended over- . head lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate. action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future relocation or adjustment utility facilities required by highway construction shall be in accor- dance with and to the extent possible under applicable laws of the State of Texas. State Department of Highways and PUblic Transportation Right of Way Division Form D- 15 -24A Page 2 of 2 Rev. 8 -75 Except as expressly provided herein, (1) The Owner's rights of access to the through- traffic roadways and /or ramps shall be subject to the same rules and regula- tions as apply to the general public, and (2) The Owner and the State, by the execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. . In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation By District Engineer Right of Way Engineer Date City of Round Rock - OWNER: Water & Sanitary Sewer Title Y77/2//04) Date_ _ ? q /4 /`7 // COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS Control 683 -1 Williamson County RM 620: From IR 35 in Round Rock West a Distance of Approximately 2.8 Miles Mr. James Samuelson City Manager City of Round Rock Round Rock, Texas 78664 Dear Mr. Samuelson: Attached is a copy of a portion of the right of way strip map covering the above project. This copy has been color -coded to show the proposed installation of a water and a sanitary sewer line at Station No. 479+50 (Approx). Please include this as an addendum to the Utility Joint Use Agree- ment which was approved by our letter to you dated June 26, 1978. WPIC :k Attach. cc: Wilder cc: Wilson cc: Toungate STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin, Texas 78761 July 27, 1978 Yours very truly, R. A. rown Distr ct 8ugi ENGINEER- DIRECTOR B. L DEBERRY IN REPLY REFER TO FILE NO u' • 11 CO TES �°0� to NO • /4'5.0'4A 5aok / ° BOO'i Z y N hl i Q37. 23' t1 ) U ' V A � I • CB8.89' c 38/9. i -=A2- -- Al •y , 1 (-Si \ M /NN E �' er \ 6 C:i 0'Lt. @ lI \ u7 /D'.E Iry 1 1 4 477f5 , N s2s, ago. 7a• 120. /5' d N ' s ?yoE - ozo o. • Advegrfieir* I 7P h : ® d7is•� © QO.R5 sgn _J ry °�/ G./ 7Zlo _� 6 S 55'06 E s ��s a Q : — — NI-ol'W 2ao•oo 1 ado 1 6x/..5/''9 game 7,,„ _ - '" i crry ofge . Son. Sc G CC/2/ 1 . , (CCO S4Nl74Ay . . HLL CaaSJI/ .5 W[Lr,_ MEE7 4 2 UND 2OC"G INDEPENDENT • SCHOOL D /ST2 /C7 ' eoUNO 20Cle INOEP T SCHOOL D/sre /cT DEEO,; • DEED {28 * - Z82 Q79r`58 - a -cs *' /. *1.245 oc e %n Round 2aCk C/'8 Limi /s .037 ocre in / /iomson Co. 441. /7' M /cNAEOBENNETT et LA.22y D• Pae-sLA,2 E 5.:51:5"!.. M /CN Z26 EN eta. x179 58 a5><0. d7774.5 - 51 COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C GREER CHARLES E SIMONS Mr. James Samuelson City Manager City of Round Rock Round Rock, Texas 78664 Dear Mr. Samuelson: Attached is a fully Joint Use Agreement All of the right of and this project is letting. WPK:k Attach. cc: Wilder cc: Gamble cc: Toungate STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin,, Texas 78761 June 26, 1978 Control 683 -1 Williamson County RM 620: From 1H 35 in Round Rock West A Distance of Approximately 2.8 Miles executed copy of our Form D- 15 -24A, Utility . This is for your files. way has been acquired or right of entry obtained, proposed for a July 1978 highway construction Yours very truly, R. A. own Distr t Engineer I7/ Harry J Supv. qE Way Engineer ENGINEER - DIRECTOR B L DEBERRY IN REPLY REFER TO FILE NO State Department of Highways and Public Transportation Right of Way Division Form D- 1- 15 -24A Page 1 of 2 Rev. 8 -75 UTILITY JOINT USE AGREEMENT (non - controlled access highway) THE STATE OF TEXAS COUNTY Williamson PROJECT Control 683 -1 COUNTY OF TRAVIS . - ACCT. NO. HIGHWAY RM 620 LIMITS: From IH 35 in Round Rock West a Distance of Approx. 2.8 Miles WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make J certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Round Rock - Water & Sanitary Sewer , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or other- wise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended over- head lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is Practical. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accor- dance with and to the extent possible under applicable laws of the State of Texas. ' State Department of Highways ' and PUblic Transportation Right of Way Division Form D- 15 -24A Page 2 of 2 Rev. 8 - 75 Except as expressly provided herein, (1) The Owner's rights of access to the through - traffic roadways and /or ramps shall be subject to the same rules and regula- tions as apply to the general public, and (2) The Owner and the State, by the execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. d STATE OF TEXAS State Department of Highways and Public Transportation • ( District Engineer - Right o Way Engineer Date Title City of Round Rock - OWNER: Water & Sanitary Sewer 297/441 Date / / & / _/, /97i i • RESOLUTION WHEREAS, the State of Texas, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements to RM 620, and WHEREAS, the City of Round Rock, proposes to retain, locate or relocate certain its facilities and retain title to any property rights.it may have on, along or across, and within or -. over such limits of the highway right of way, and WHEREAS, the Council of the City of Round Rock wishes to enter into a joint use agreement for the joint usage for both highway and utility purposes within the highway right of way limits, NOW THEREFORE BE IT RESOLVED that the Council of the City of Round Rock hereby resolves to authorize the Mayor to enter into an-Utility Joint Use Agreement with the State Department of Highways and Public Transportation, a copy of which is at- tached hereto. READ, PASSED AND RESOLVED this the llth day of May, 1978. ATTEST: Joanne Lan C'ty Secretary ` , t , NO. /G, G h ay/Litton, Mayor City of Round Rock STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK * I, JOANNE LAND, City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 11th day of May, 1978 which is recorded in the minutes of the City of Round Rock in book 7, page 179. WITNESSED by my hand and seal of the City of Round Rock, Texas on this 6th day of June, 1978. 1 I i// /1L' . i.'d%_t J0p E LAND, City Secretary City of Round Rock, Texas.f, This Page is too large to OCR