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R-92-1726 - 6/25/1992STATE OF TEXAS COUNTY OF WILLIAMSON § § AGREEMENT This Agreement is made and entered into by the CITY OF ROUND ROCK, Texas, a political subdivision of the State of Texas, hereinafter referred to as the City, and PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS, hereinafter referred to as the Diocese. WITNESSETH: WHEREAS, on the 13th day of October, 1988, the City obtained an easement from the Diocese on behalf of the State Department of Highways and Public Transportation (the "Department ") allowing the construction of an underground drainage culvert along the eastern boundary of property owned by the Diocese and more further described as a 46.406 acre tract located within the Wiley Harris Survey, Abstract No. 298, described in a plat recorded in Cabinet F Slides 294 and 295 of Williamson County, Texas Plat Records (the "property "); and WHEREAS, the Diocese included a reservation in said easement containing conditions allowing the Diocese to utilize said easement for roadway purposes; and WHEREAS, the Department's policy precludes an acceptance of any easement containing any reservations whatsoever; and 'i WHEREAS, the City and the Diocese desire to co- operate with the Department by providing to the Department a corrected easement without reservations; NOW THEREFORE, it is mutually agreed as follows: I. In consideration for the execution by the Diocese of a Correction Drainage Easement in the form as shown in Exhibit "A" attached hereto and incorporated herein, the City agrees to the following: 1. To promptly construct or cause to be constructed a single course, seal- coated road similar to the road which currently runs along the eastern boundary of the Property owned by the Diocese, if the Department decides, for any reason, to request the removal of the existing road from the above - described Drainage Easement. 2. If a new road is to be constructed, it shall be located as close as possible to western boundary of the Correction Easement, the boundary of which is identical to the western boundary as described in the previously executed Drainage Easement. 3. The City further agrees to indemnify the Diocese against any costs or damages associated with (i) the relocation of said road, and (ii) damage to the road or other property of the Diocese caused by the Department in connection with the maintenance, repair or improvement -2- of the underground drainage culvert or other facilities within the Drainage Easement. II. This Agreement contains the entire agreement between the parties relating to the obligations herein assumed. Any prior agreements, premises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. No official of the City of Round Rock has any authority to amend or modify this agreement except pursuant to specific authority to do so granted by the City Council of Round Rock, Texas. III. This Agreement shall be binding upon and inure to the benefit of the successor, successors in office, and assigns of the respective parties thereto. ,�1 DATED THIS day of /k TISfi PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS BY: 46 Name: - r7'U.44.1- Title: 1 b v r - Approved: R . Rev. Maurice M. Benitez, D Bishop of the Episcopal Diocese of Texas -3- CITY OF ROUND ROCK / y�f"�/Q Mike Robinson, Mayor -4- WHEREAS, on behalf of the Texas Department of Transportation (Department) the City has previously obtained an easement from the Protestant Episcopal Church Council of the Diocese of Texas (Church) for an underground drainage culvert for the U.S. Highway 79 project, and THAT: RESOLUTION NO. f7 a(.0 22 WHEREAS, the Church included a reservation in the easement allowing it to utilize the surface of said easement for roadway purposes, and WHEREAS, the Department has determined that the aforesaid reservation is unacceptable to it, and WHEREAS, the Church is willing to provide a substitute easement on the condition the City replace the existing road should the Department require the road to be moved, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, The Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with the Church, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of June, 1992. ATTEST: NE LAND, City Secretary RS062510B MIKE ROBINSON, Mayor City of Round Rock , M8 26 '92 14:10 STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT PRGE.003 This Agreement is made and entered into by the CITY OF ROUND ROCK, Texas, a political subdivision of the State of Texas, hereinafter referred to as the City, and ^PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE of TEXAS, hereinafter referred to as the Diocese. WITNESSETH: WHEREAS, on the 13th day of October, 1988, the City obtained an easement from the Diocese on behalf of the State Department of Highways and Public Transportation (the "Department ") allowing the construction of an underground drainage culvert along the eastern boundary of property owned by the Diocese and more further described as a 46.406 acre tract located within the Wiley Harris Survey, Abstract No. 298, described in a plat recorded in Cabinet F Slides 294 and 295 of Williamson County, Texas Plat Records (the "property ") ; and WHEREAS, the Diocese included a reservation in said easement containing conditions allowing the Diocese to utilize said easement for roadway purposes; and WHEREAS, the Department's policy precludes an acceptance of any easement containing any reservations whatsoever; and rIHK Gb 'e 14: IS -2- PAGE.664 WHEREAS, the City and the Diocese desire to co- operate with the Department by providing to the Department a corrected easement without reservations; NOW THEREFORE, it is mutually agreed as follows: I. In consideration for the execution by the Diocese of a Correction Drainage Easement in the form as shown in Exhibit "A" attached hereto and incorporated herein, the City agrees to the following: 1. To promptly construct or cause to be constructed a single course, seal- coated road similar to the road which currently runs along the eastern boundary of the Property owned by the Diocese, if the Department decides, for any reason, to request the removal of the existing road from the above - described Drainage Easement. 2. If a new road is to be constructed, it shall be located as close as possible to western boundary of the Correction Easement, the boundary of which is identical to the western boundary as described in the previously executed Drainage Easement. 3. The City further agrees to indemnify the Diocese against any costs or damages associated with (i) the relocation of said road, and (ii) damage to the road or other property of the Diocese caused by the Department in connection with the maintenance, repair or improvement linm CO =C 1=+.15 PAGE.665 of the underground drainage culvert or other facilities within the Drainage Easement. II. This Agreement contains the entire agreement between the parties relating to the obligations herein assumed. Any prior agreements, premises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. No official of the City of Round Rock has any authority to amend or modify this agreement except pursuant to specific authority to do so granted by the City Council of Round Rock, Texas. III. This Agreement shall be binding upon and inure to the benefit of the successor, successors in office, and assigns of the respective parties thereto. DATED THIS day of , 199_ PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS By: Name: Title: Approved: Rt. Rev. Maurice M. Benitez, D.D., Bishop of the Episcopal Diocese of Texas -3- i iHr. [b 'd i4:25 CITY OF ROUND ROCK By: -4- Mike Robinson, Mayor PRGE.656 COMMISSION ROBERT H. DEDMAN, CHAIRMAN RAY STOKER, JR WAYNE B. DUDDLESTEN CSJ 020401035 Williamson County U.S. 79: From Loop 384 To F.M. 1460 Parcel No. lE - Protestant Episcopal Church Honorable Mike Robinson Mayor, City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Mayor Robinson: REH:jam STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. DRAWER 15426 AUSTIN, TEXAS 98761.5426 (512) 8]68640 February 5, 1991 By our letter dated March 8, 1990, we requested that the City of Round Rock acquire the captioned parcel of land in a manner acceptable to us. To date, we have received no response to our request. We again request that you take the necessary action to obtain an easement on this property which will meet our requirements. We would appreciate your prompt attention and reply. Your questions or comments should be directed to the undersigned at 483 -3748. Since ely , ( L C. et 4) '7-9 Robert Robert E. Harwood District Right of Way Attorney ENGINEER- DIRECTOR ARNOLD W. OLIVER, P E. CONTACT: 3 -0, -90 COMMISSION ROBERT H DEDMAN, CHAIRMAN RAY STOKER, JR. WAYNE B. DUDDLESTEN CSJ 020401035 Williamson County U.S. 79: From Loop 384 To F.M. 1460 Honorable Mike Robinson Mayor, City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Mayor Robinson: STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. DRAWER 15426 AUSTIN, TEXAS 78761.8426 (512) 8363645 March 8, 1990 Parcel No. lE - Protestant Episcopal Church AAtou CONTACT. By instrument dated October 13, 1988, the owner of the captioned parcel of land granted an easement to the State of Texas for improvements to be constructed on U.S. 79 in Round Rock. The instrument contained certain reservations and conditions in favor of the grantor which we found to be unacceptable. We have made repeated requests for the landowners to execute a correction instrument to no avail. We now request that the City of Round Rock commence condemnation proceedings to cure up this problem. A copy of the faulty instrument containing proper field notes is attached for your use. This problem has lingered on for some time now, and we request your immediate attention. If you need further information, please contact the undersigned at 483 -3748. REH:jam Attachment cc: Mr. Bob Bennett - Round Rock City Manager cc: Mr. Charlie Crossfield Robert E. Harwood District Right of Way Attorney ENGINEER - DIRECTOR ARNOLD W. OLIVER, P E • 'tioe )hponment of HIQh' and PuWtc T!unpnnution ,'oem D4531 Phe 1 of 4 Rer.3416 THE STATE OF TEXAS COUNTY OF Williamson VOLl-7'1 7t7 Cirantea'a mar.' n0 adCr 353 P. O. Dragon 1v :0 = s is Austin. Togas 75761 -5426 Drainage Easement for Highway Purposes See Attached Exhibit A. OFFICIAC RECORD.S COUNTY, TEXAS KNOW ALL MEN BY THESE PRESENTS: That, Protestant Episcopal Church Council of the Diocese of Texas of the County of Harris , State of Texas, hereinafter referrcd to as Grantors, whether one or more, for and in consideration of the sum of Ten and No/ 10 0 Dollars ($ 10.0 0 ) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, do by these presents Grant, Bargain, Sell and Convey unto the State of Texas an easement for highway purposes in, along, upon and across the following- described property in the County of Williamson. State of Texas, more particularly described as follows, to wit: i01.1741P „ t;E35 8 Star Department of Highways .ad 7nble Trenspea.lbn Fenn 134571 Pq. 3 of 4 Rev. 346 For the purpose of opening, constructing and maintaining a permanent channel or drainage easement in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, its agents, employees and representatives to ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which the State deems necessary. * As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from the premises by the State and utilized in the construction and maintenance of the State highway system of Texas. TO HAVE AND TO HOLD for said purposes together with all and singular the rights, priv "ages, and appurtenances thereto in any manner belonging unto the said State of Texas forever. IN S WHEREOF, Grantors have caused this instrument to be executed on this / 0 / Q day of 1 , 19 RR PROTESTANT EPTSCIOD:,T, CHTTR''H CYIIINC`TT, OF THE DIOCESE OF TEXAS By: Name: Philip A. Masqu T; *Tat• PrA =; 1e,7+ THE STATE OF TEXAS, COUNTY OF HARRIS known to me to ACKNOWLEDGMENT APPROVED: ver • . url - - Z, D.D., Bishop of the Episcopal Diocese ot Texas *Grantor reserves the right to use the property described herein for roadway purposes, it being understood that the drainage Pasement granted herein shall be operated and maintained by Grantee through a covered drainage conduit which shall not interfere with Grantor's use of the surface of said property for roadway purposes, including without limitation, ingress and egress to and from Grantor's adjoining property. BEFOREME C. Denise Schwab, Notary Public ,onthisday personallyappeared Rt. Reverend Maurice M. Benitez, D.D., Bishop of the Fpismpal niorege of Texas, :to be the person(s) whose name(s) is (are) subscribe to the foregoing instrument and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 13 day of October A D 19 8 8 awaJAJ Notary Pubb,, state of rotas My Commission expires on th, _ day of /o ff�y�,,..eec� 19 p. M � , ws16Sti AB Mr Commi Expires 2 .8-9 1 1 Slue Depv(mem of Highways F Q ,M P Tnmporutbn YUC 174:1 PNUE 359 Form 1)-ISI ` Page 4 of 1 Re*. 366 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFOREPfE Dara Leigh sumicek, a notary r,tt,T 1 COUNTY OF HARRIS on this day Personally appeared Philip A. Masquelette President o f Protestant Episcopal Church Council of the D;Sraseof Texas A I known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said 'Protestant Epi scQppal Church Council of the Diocese £ a corpor that he/she was duly autho- rized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporatio{l,ftu.fhe and consideration therein expressed, and inn� the capacity therein stated. GIVEtl UNDER MY HAND AND SEAL OF OFFICE, This 1_314 day of October A D 19 88 _ Notary P h (e.. f6h 6'ANII LPIC_ DARA LEIGH SUMICEK Nowt, PubLc „...nd lo, tf.. Stec of Te,os z 0 0 M 0 a THE STATE OF TEXAS, COUNTY OF w CERTIFICATE OF RECORDING my cogifyI9maglo'r &September 17d490,1 8 0 � F ¢ E. F 8 w 0 19 County Williamson Highway U.S. 79 Limits From Loop 384 to F.M. 1460 in Round Rock Account No. N/A CSJ No. 204 -01 -035 STATE OF TEXAS COVN11' OF WILLIAMSON 1 hereby certify that this Instrument was FILED on the date and at tie time stamped hereon by me: and was duly RECORDED. in the Volume and Page of the named RECORDS of Williamson County. Texas, as stamped hereon by me, on EXHIBIT A COUNTY CCLERII' WILLIAMSON COUNTY, TEXAS Field Notes for Drainage Easement - Parcel lE Page 1 of 1 March 7, 1988, JB, DC BEING 0.209 of one acre of land, more or less, out of and a part of Lot 10, Heritage Center, and being part of a 46.406 acre tract of land in the Wiley Harris Survey Abstract No. 298 described in the map or plat thereof recorded in Cabinet "F" Slide 294 and 295 of the Williamson County, Texas Plat Records and being more particularly described by metes and bounds as follows; BEGINNING at a point in grantor's north property line, said property line being the existing right of way line of U.S. Highway 79, said point being the northeast corner of said Lot 10, said point also being North 9 ° 30'15" West, a distance of 1009.44 feet from the southeast corner of Lot 10 and being 60.00 feet left of and at right angles to Engineer's Centerline Station 644+73.40; (1) THENCE South 9 ° 30'15" East, a distance of 609.44 feet to a point; (2) THENCE North 76 ° 51'53" West, a distance of 16.25 feet to a point; (3) THENCE North 9 ° 30'15" West, a distance of 605.47 feet to a point; (4) THENCE North 89 ° 10'00" East, a distance of 15.17 feet to the POINT OF BEGINNING, CONTAINING 0.209 of one acre of land, more or less. - ` • JAN 5 1989 DATE: June 23, 1992 SUBJECT: City Council Meeting, June 25, 1992 ITEM: 10.B. Consider a resolution authorizing the Mayor to enter into an agreement with the Protestant Episcopal Church Council of the Diocese of Texas for a drainage easement along Highway 79. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: When Hwy 79 was widened and improved several years ago, the City obtained a drainage easement from the Episcopal Church on behalf of the Texas Transportation Department. The easement provided that the Church could use the surface of the easement for roadway purposes. The regulations of the Transportation Department do not allow it to accept such a reservation. This Agreement will allow the Church to provide a substitute easement.