R-88-1195 - 11/10/1988WHEREAS, the City Council, in conjunction with the State
Department of Highways and Public Transportation desires to obtain a
drainage easement from the St. Richards Episcopal Church; and
WHEREAS, the City wishes to make certain promises to St.
Richard's Episcopal Church as consideration for the donation of said
easement, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized to sign a letter on behalf
of the City making certain promises in return for the donation of
said easement, said letter being attached hereto and incorporated
herein for all purposes.
RESOLVED this 0 day of November, 1988.
ATTEST:
C34RESEPISC
LAND, City Secretary
RESOLUTION NO. //�.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
$HELDON H. CROCKER
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(713) 227 -4254
Ladies and Gentlemen:
City of Round Rock
c/o Charles Crossfield, Esq.
309 East Main Street
Round Rock, Texas 78664
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14anstanATtlata 77002
October 12, 1988
Re: Drainage Easement from St. Richard's Episcopal
Church, Round Rock
This letter shall set forth the agreement by and between the City
of Round Rock (the "City "), St. Richard's Episcopal Church, Round
Rock, (the "Church ") and Protestant Episcopal Church Council of
the Diocese of Texas (the "Diocese "), relative to the granting of
certain drainage easements and other related matters addressed
herein.
The Diocese is the legal owner of certain real property occupied
by the Church in Williamson County, Texas (the "Property "). In
connection with certain improvements to be made to a highway
adjacent to the Property, the City has requested that the Diocese
execute (i) a Permanent Easement, (ii) a Temporary Easement and
(iii) a Waiver of Compensation, in the respective forms attached
as Exhibits "A ", "B ", and "C" hereto.
In consideration of the above agreements and in order to induce
the Diocese to execute the same, the City has agreed, at its sole
expense, to (i) replace in -kind the fence which currently runs
along the easterly boundary of the Property, (ii) construct, or
cause to be constructed, a wooden privacy fence along the portion
of the easterly boundary of the Property beginning at the
intersection of said easterly boundary and the right -of -way for
Highway 79 and continuing along said easterly boundary to the
rear of the lot owned by Wag -A -Bag (provided that the Church
shall furnish the materials needed for the construction of such
privacy fence), (iii) replace the existing access roadway into
the Property parallel to, and as close as possible to said
easterly boundary without interfacing with any existing
utilities, (iv) protect and indemnify the Diocese and Church
against any material damage to any trees located within the
Temporary Easement granted in connection herewith,
and (v)execute the Consent to Encumbrance instrument attached as
Exhibit "D" hereto. A diagram showing the approximate location
of the easements, road and fences discussed above is attached
hereto as Exhibit "E ".
If you are in agreement regarding the obligations set forth in
this letter, please execute in the space provided below.
ACKNOWLEDGED AND AGREED TO
THIS /n - !'day of laidmd 1988
CITY OF ROUND ROCK TEXAS
By: R
Name: DUKE Ri A)60A1
Title: PYIAYD
0750/3669
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Very truly yours,
By
City of Round Rock
October 12, 1988
Page 2
PROTESTANT EPISCOPAL CHURCH
COUNCIL OF THE DIOCESE OF TEXAS
Name: Sheldon H. Crocker
Title: Assistant Secretary
DATE: November 8, 1988
SUBJECT: Council Agenda, November 10, 1988
ITEM: 12L. Consider a resolution authorizing the Mayor
to sign a letter agreement with the St. Richards
Episcopal Church regarding a drainage easement.
STAFF RESOURCE PERSON: Steve Sheets
STAFF RECOMMENDATION: The Church has agreed to grant a drainage
easement on condition that the attached letter agreement be signed.
Staff recommends adoption of the resolution.
ECONOMIC IMPACT: