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R-80-325 - 9/11/1980WHEREAS, a portion of the Chisholm Trail water line crosses the proposed F.M. Highway 3406 right -of -way, and WHEREAS, the Department of Highways and Public Transpor- tation will soon begin the construction of said highway, and WHEREAS, the Department of Highways and Public Transpor- tation has submitted a Utility Joint Use Agreement relative to the water line crossing the highway right -of -way, and WHEREAS, the Council desires to enter in the agreement, 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 of Round Rock a Utility Joint Use Agreement with the State Department of Highways and Public Transportation, a copy of said agreement being at- tached hereto and incorporated herein for all purposes. RESOLVED this 11th day of Septemb 41980. ATTEST: `ANNE LAND, RESOLUTION NO. 3�5/ y Secretary AMMOMw Y L. "'+ ayor City of Round Rock State Department of Highways and Public Transportation Right of Way Division Form D- 15 -24A Page 1 of 2 Rev. 8 THE STATE OF TEXAS COUNTY OF TRAVIS UTILITY JOINT USE AGREEMENT (non - controlled access highway) COUNTY Milltaasom PROJECT Caatrol 117$•6 ACCT. NO. HIGHWAY yM MOS LIMITS: From ift 35 X of law4 IOCk $1 i SWIM of Aasrox. 1.1 Niles 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 Mound Moen • Water , 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 Mt 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 accordance with and to the extent possible under applicable laws of the State of Texas. Except �s >s>ci State Department of Highways 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. 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: Clow a.t and Rnnk - Ulm" ElYr Title Date y ,111-6/) COMMISSION A SAM WALDROP, CHAIRMAN DEWITT C GREER RAY A BARNHART Mr. Chris Gard Director of Public Works City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Dear Mr. Gard: Control 1378 -6 FM 3406: From IH 35, N of Round Rock SW A Distance of Approx. 1.1 Miles Williamson County STATE DEPARTMENT OF HIGHWAYS ENGINEER - DIRECTOR AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin, Texas 78761 September 4, 1980 B L DEBERRY In accordance with the telephone conversation between you and Mr. Kriegel of my office, attached please find five copies of our Form D- 15 -24A, Utility Joint Use Agreement. This concerns the installation of a City of Round Rock water line crossing F. M. 3406. The above mentioned form is to be signed by an elected official or a properly designated person which will require a resolution. We will also require six sets of the plans for this water line installation. This concerns only that portion of the water line located within the proposed highway right of way. With the return of four signed copies of the agreement, a certified copy of the resolution, and six sets of the plans, we will process the assembly to our Main Office for approval. You will be furnished a fully executed copy for-your files. WPK:wc Attachment Sincerely, R. A. ,down Distr ct En•eer Harry n Supv. ;•tof Way Engineer 1 ' COMMISSION REAGAN H)1JirON CHAIRMAN DCwlrr C GREER CHARLES E SIMO"NS Mr. Bob Bennett City Manager City of Round Rock 214 East Main Round Rock, Texas 78664 Dear Mr. Bennett: S 1 E DEPART NIEN OF HIGHWAYS ' +�t4C, \D 1't'BIJC• 1RAISSPORTA ;; ,„s P. 0. Drawer 15426 Austin, Texas 78761 July 17, 1980 d• Control 1378 -6 - F. M. Highway 3406: - From Interstate Highway 35, North of Round Rock Southwest a Distance of Approximately 1.1 Miles Williamson County In the near future, the State Department of Highways and Public Transportation will begin the construction of the above referenced highway within the limits as indicated. Any compensation relative to the acquisition of the necessary right of way or utility relocations or adjustments will be the responsibility of the County or City depending on the area in which each is located. 1. Show in red the location of your existing and proposed facility that will be in public right of way after all adjustments have been made. ENGINEER DIRECtGII 0 t uLra IN REPLY REFER TO FILE NO It appears that it may be necessary for a portion of your utility to be adjusted and /or relocated within the above described area. Transmitted herewith please find five copies of Utility Joint Use Agreement and one copy of the right of way strip map for this proposed highway construction. This form is to be executed by an elected official or a properly designated person which will require a resolution or grant of signature authority if this has not been previously submitted to this office. The right of way strip reap should be color -coded as follows: 2. Show in green the presently existing facility that will be removed. Any portion of your facility that is or will be located outside the right of way limits need not be shown. In the case of overhead crossings or underground facilities, this Accommodation Policy requires a plan profile for any adjustment that has not been made. We must be assured that all depths for underground lines and vertical clearances for overhead crossings will meet or exceed State Department of Highways and Public Transportation specifications. This assurance may be given in letter form. 2. Early receipt of four copies of the executed Utility Joint Use Agreement and completed right of way plans by this office will be appreciated. Upon receipt of these four copies of the agreement and the execution of same by our adminis- tration, one copy of the completely executed agreement will be returned to you ' for your. files. The Supervising Resident Engineer shown at the conclusion of this letter will be in responsible charge of the design and construction of this project for the State of Texas. Any questions relating to the adjustment or relocation of your utility on this proposed project should be directed to him at the address indicated for this office. In order to conform with policy and to insure the safety of the travelling public and to avoid possible conflicts with highway construction and maintenance of high- ways and utility lines, it is now necessary that your utility have written approval to locate on the highway right of way. Your cooperation in this matter will be appreciated. Attachments cc: District File cc: Wilton G. Wilson Rt. 2, Box 126 Burnet, Texas 78611 By: Sincerely, R. A. Brown Distrikt En Harry t/n�$on Supv. ight of Way Engineer COMMISSION REAGAN HOIZTON CHAIRMAN DEWITT C GREER CH4RLES E 5 MONS STA'I E DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin, Texas 78761 July 17, 1980 Control 1378 - F. M. Highway 3406: From Interstate Highway 35, North of Round Rock Southwest a Distance of Approximately 1.1 Miles Williamson County Mr. Bob Bennett City Manager City of Round Rock 214 East Main Round Rock, Texas 78664 Dear Mr. Bennett: Attached is a copy of our form letter which we send to all utilities on this type of project. In lieu of preparing the color -coded right of way strip map, you may submit six color -coded sets of your plans for the adjustment of your utility. It is suggested that you contact this office, and we will explain in more detail the utility adjustment requirements. We can also provide you with the applicable portions of our Utility Manual which state these requirements. If you have any questions concerning this, please let us know. Sincerely, WPK:wc Attachment cc: District File cc: Wilton G. Wilson By: R. A. Brown District Engineer Harry Jp n�oin Supv. Right of Way Engineer ENGINEER DIRECTOR 8 L OEBERRY IN REPLY REFER TO FILE NO COMMISSION A SAM WALDROP CHAIRMAN DEWITT C GREER RAY A BARNHART Williamson County Mr. Bob Bennett City Manager City of Round Rock 214 East Main Round Rock, Texas 78664 Dear Mr. Bennett: SI'A'IE DEPARTMENT OF HIGHWAYS AND PUBLIC 'TRANSPORTATION P. 0. Drawer 15426 Austin, exas 78761 Jul 17, 1980 Control 1378 - F. M. Highway 3406: From Interstate Highway 35, North of Round Rock Southwest a Distance of Approximately 1.1 Miles The attached assembly is information we send out to all utilities on this type of project. It is our understanding that the City of Round Rock is installing a water line within the area listed as County Road No. 173 on the attached right of way strip map. It is requested that the instructions in the attached letters be followed concerning this water line or a sketch from your consulting engineer supplying us with this information. Please return this color - coded right of way strip map or the sketch from your consultant together with a signed Utility Joint Use Agreement, and we will process the submission to our main office for approval. You will be provided a fully executed copy for your files. WPK:sp Attachment cc: District File cc: Wilton G. Wilson By: Sincerely, R. A. Brown District Harry Joo'I son Supv. Right Way Engineer ENGINEER - DIRECTOR B L DEBERRY t S' State Department of Highways and Public Transportation Right of Way Division Form D- 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 Williamann PROJECT Control 137R -6 ACCT. NO. HIGHWAY FM 3406 LIMITS: From IH 35 N of Round Rock SW a Distance of KR Approx. 1.1 MileR 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 , 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 MICCXXXIMIRAMIRMIXIMagtiatXX ;:0'040a.:.4440 o a..l4:41rbpn: a40 :49.44.0 4, :.:.$4 4wv••YVVVVw••• C••i'YV•• nE 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 act eon 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 Department of Highways and Public Transportation Right of Way Division Form D- 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 1378 -6 ACCT. NO. HIGHWAY FM 3406 LIMITS: From in 35 N of Round Rock SW a Distance of IN ADPFOX. 1.1 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 , 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 1 0-0,a t 0 00 a;., aa4 ,VA∎4*c.v: A'ACOA. A4C101:01vCerv*VrvvrMCCAWV Zr 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 accordance with and to the extent possible under applicable laws of the State of Texas. Except State Department of Highways and Public Transportation Right of Way Division Form D- 15 -24A Page 1 of 2 Rev. 8 -75 UTILITY JOINT USE AGREEMENT (non - controlled access highway) THE STATE OF TEXAS f COUNTY Williamson PROJECT Control 13786 COUNTY OF TRAVIS 1 ACCT. NO. HIGHWAY FM 3406 LIMITS: From ID 35 N of Round Rock SW a Distance of KC Approx. 1.1 Mites 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 , 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 ..:,.•a':�•'ar. rya` =�s�a,'a:ri�i,_:�a: tin' a�' e���an+ ay:' r.: rw�•.: �,'.: �t� rrt�cia ,r��:rS�:���� 7i' 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 accordance with and to the extent possible under applicable laws of the State of Texas. Except State Department of Highways and Public Transportation Right of Way Division Form D- 15 -24A Page 1 of 2 Rev. 8-75 UTILITY JOINT USE AGREEMENT (non - controlled access highway) THE STATE OF TEXAS I COUNTY VL111smson PROJECT Control 1376 - 6 COUNTY OF TRAVIS 1 ACCT. NO. HIGHWAY RN 3406 LIMITS: From IR 33 M Of Round Rock 3V a Distort* of R'f Uproot. 1.1 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 Bock - Water , 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 MOW '4.-a:: 4,a4 v1a.4;?- lama t4.;v r.o'r,r.4 r...:r.tAtsvaty..s.. 4.a. r.rr.rsa a aa;c ME 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 accordance with and to the extent possible under applicable laws of the State of Texas. Except State Department of Highways and Public Transportation Right of Way Division Form D- 15 -24A Page 1 of 2 Rev. 8 -75 THE STATE OF TEXAS COUNTY OF TRAVIS X UTILITY JOINT USE AGREEMENT (non - controlled access highway) COUNTY Willieesoe PROJECT Control 197M ACCT. NO. HIGHWAY TM 3406 LIMITS: From m 33 * Of L&OO if Rock 5W a Diet* 5 Or XII £*print. 1.1 Niles 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 Wound Met • Water , 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 BEICIMPIEMIXEMEMEMEMIng Xi 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 accordance with and to the extent possible under applicable laws of the State of Texas. Except State Department of Highways and Public Transporation Right of Way Division Form D- 15 -24A Page 2 of 2 Rev. 8 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. 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 Title Date State Department of Highways 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. 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 Title Date State Department of Highways 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. 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 Title Date State Department of Highways 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. 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 Title Date (Z,, State Department of Highways 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. 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: City a ino.4 ''me% APAr By Title Date COMMISSION A. SAM WALDROP. CHAIRMAN DEWITT C GREER RAY A BARNHART Control 1378 -6 Williamson County FM 3406: From IH 35, N of Round Rock SW A Distance of Approx. 1.1 Miles Mr. Bob Bennett City Manager City of Round Rock 214 East Main Round Rock, Texas 78664 Dear Mr. Bennett: STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION B L DEBERRY P. 0. Drawer 15426 Austin, Texas 78761 October 8, 1980 Attached is a fully executed copy of our Form D- 15 -24A, Utility Joint Use Agreement. This covers the installation of a water line within the limits of the above described project. This is for your files. WPK:wc Attachment cc: Wilder cc: Wilson cc: Toungate By- Sincerely, R. A. rown Distr'ct Engineer Harry Supv. of Way Engineer ENGINEER - DIRECTOR t r State pepartment of Highways and Public Transportation Right of Way Division Form D- 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 1378 -6 COUNTY OF TRAVIS X ACCT. NO. HIGHWAY FM 3406 LIMITS: From IH 35 N of Round Rock SW a Distance of X2 Approx. 1.1 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 , 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 EROLICESSFEMZEEMESIDOMMEVCSj % :.ii - W ?] W444F04v:.::VA:VAP4 .: Y, v4004 A4A,CIV'.Y:VAWf.:.;PAPA1944V Kit 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 accordance with and to the extent possible under applicable laws,of the State of Texas. Except Stat,,e Department of Highways 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. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation 19 District Engineer �� �� Right of Way Engineer Date Title Date 9 - / /AD RESOLUTION NO. WII REAS, a portion of the Chisholm Trail water line crosses the proposed F.M. Highway 3406 right -of -way, and WHEREAS, the Department of Highways and Public Transpor- tation will soon begin the construction of said highway, and WHEREAS, the Department of Highways and Public Transpor- tation has submitted a Utility Joint Use Agreement' relative to the water line crossing the highway right -of -way, and WHEREAS, the Council desires to enter in the agreement, 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 of Round Rock a Utility Joint Use Agreement with the State Department of Highways and Public Transportation, a copy of said agreement being at- tached hereto and incorporated herein for all purposes. RESOLVED this Ilth day of Septembe()1980. 7 / A :ATTEST: JOANNE LAND, i y Secretary LARRY L. TONN, '-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 �� day of , {1)Z /v1P i 1986) which is recorded in the minutes of the City of Round Rock in book WITNESSED by my hand // 9g and seal of the City of Round Rock, Texas on this , day of �,f)Ic' i77!'t't 19 SL) 41 AX1.1 ?!' 141 G Jli NE LAND, City 5 cretary Ci y of Round Rock DESIGNED BY: e D..1 . c/r Y OF ROUND ROCI< Chisholm ?i/ Water Ha,ti WATER L /NE /MPRQI/EME/VT.S Haynie & Kalirnan Inc. CONSULTING ENGINEERS Round Rock, Texas DATE: 6 / 1 7/80 Ft� PROJECT NO. SHEET OF X —57A Ho 77its /A/7A Approx. Lacatiean op /.tare E/ 3406 /e.. 0 !N G /iya / 'i 4. P./1 _!! . gag' EY,C, t ` A6• z.t2,' R ` r rti0/7 . ehca.. ernent P /p a9s /ire \ Added Per CO 4 '.1 x/s /2 x 8 „ Tee / " G. V 5,%4 " w /6 ;6. V. /3 Jt. /2, A / / ,c/uq e B_yinF>raJect • fis _I_. �..,, __ _r .,. Co, to C »r - Nor- Re ove is e //7 /u Cory -le i -- c X 20 /2 A.C. Ci 200 Wa ter Mai/7 Sur`v /0 4 y Base 1..i/7e x �... C/. 200 ha ter /lair Water Mairi Assignment (See Note 1) 7C Y Tpait x 76 • 0 mp /B r' x 75 3t x x 0 x /Vote 5 %4 Fire Hydran / 6'Gc tc Valve le r a iy eras a a l )t X 1 x x / - &.8 "0 /2 1-113 /0 /2'" Water A -lair/ ,Shat/ Be 4oca6ed the Center /.ir7e of the Ex/Ser?.79 Roadside Ditch Except /ir Areas Where T /ephone Po /e5, Trees 6 ' or Laryer, or Other Obstac/es Cause fihe !Mater /►Malty To 8e /testa / /ed Closer to tfie Exist i»9 F'a rerncrrt. 2. Contractor to Expose £"xist /0" Water /iris ro Verii' Ass(rrrr/er?t & ,00 /76 off' We Col7nectxp17. . Ge% t C otiiie c ari `o /- /2 "X /C Rec/ Renove £xi;56. /0 "P /e /y C0r77ec6 /on X 6 0 1 -/ 24 " CA1/ 4 } 7 -/ " a/e wa /vex r 57 , /r-e fr/re7ran 1 E.D.A. PROJECT NO. T.D.C.A. PROJECT NO.