R-95-12-21-11C - 12/21/1995" RESOLUTION NO. R- 95- 12- 21 -11C
WHEREAS, Chisholm Trail Joint Venture ( "Chisholm Trail ") is
the owner of certain real property described in the attached
Agreement Regarding Construction of Drainage Improvements
( "Agreement ") , and
WHEREAS, Boulevard Motel Corp., a Maryland corporation
( "Boulevard ") is the owner of certain real property described in
the attached Agreement, and
WHEREAS, Chisholm Trail, Boulevard and the City wish to
enter into said Agreement providing for certain drainage
improvements for the area described 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 the Agreement, a draft of which is attached
hereto, and subject to the final draft being approved by the City
Attorney and Director of Public Works.
RESOLVED this 21st day of December, 1995.
ATTEST:
E LAND, City Secretary
C. \WPDOCS \RESOLOSI \Rss1221C WPD /sin
CHARLES CUPEPPER, Mayor
City of Round Rock, Texas
•
AGREEMENT REGARDING COMSTRUCTrON
OP DRAINAGE IH.PROVE?is�ITg
This Agreement is made and entered into as of the effective
date set forth below by and among CHISHOLM TRAIL JOINT VENTDRE, a
Texas joint venture ( "Chisholm Trail"), BOULEVARD MOTEL CORP., a
Maryland corporation ( "Boulevard "), and THE CITY OF ROUND ROCK (the
"City").
RRCITALS,
A. Chisholm Trail is the owner of certain real property in
Williamson County, Texas, more particularly described in Deed
recorded in Volume 1322, Page 207 of the Official Records of
Williamson County, Texas (the "Chisholm Trail Property").
B. Boulevard is the owner of certain real property in
Williamson County, Texas, more particularly described as Lot One
(1) of a Resubdivision of Lot 1, Block "A" CHISHOLM PARK SECTION
TWO, a subdivision in Williamson County, Texas, according to the
map or plat thereof recorded in Cabinet M, Slides 93 -94 of
the Plat Records of Williamson County, Texas (the "Boulevard
Property ").
C. The existing drainage facilities in the area are
inadequate to allow Chisholm Trail and Boulevard to develop their
respective properties, and Chisholm Trail and Boulevard wish to
construct certain drainage improvements as hereinafter described as
part of the City's regional drainage program to allow development
of their respective properties without the necessity of on -site
detention of stormwater runoff.
D. The City has agreed to the construction of such drainage
improvements and has approved Chisholm Trail's and Boulevard's
participation in the City's regional drainage detention program on
and subject to the terms and conditions provided herein_, and the
parties desire to memorialize the agreements and understanding
among them with respect to such matters.
NOW, THEREFORE, in consideration of the premises, the mutual
covenants and agreements of the parties as hereinafter set forth,
and other good and valuable consideration, the receipt and
7l \RAPAnmo \slaa .a \naAxsAms.A[a;, awyslsa
sufficiency of which are hereby acknowledged, Chisholm Trail,
Boulevard and the City agree as follows:
1. Boulevard, at its sole cost and expense, shall construct
Or cause to be constructed (i) a 24" underground stormwater line
within the southern portion of the right -of -way of Chisholm Parkway
from Interstate 35 to the western boundary of the Boulevard
property, (ii) a 24" underground stormwater line across the western
right -of -way of Chisholm Parkway as currently dedicated by the plat
of Chisholm Park, Sec. Two, (iii) an 18" underground stormwater
line from the termination in the northern right -of -way of Chisholm
Parkway of an existing 18" stormwater line providing from drainage
from the existing development on Chisholm Park, Sec. One to the 24"
stormwater line to be constructed across Chisholm Parkway, (iv) a
36" underground stormwater line from the 24" stormwater line in the
southern Chisholm Parkway right -of -way along the western boundary
of the Boulevard Property for a distance of 150 feet, (v) a 42"
stormwater line alon bounds of the Boulevard
Property from the 36" stormwater r line to the southwest corner of
the Boulevard Property, and (vi) an overland stormwater channel
from the southwest corner of the Boulevard Property to Onion Creek;
all as described on Exhibit A attached hereto and made a part
hereof (the "Phase 1 Improvements "). Those portions of the Phase
I Improvements described in (i), (ii) and (iii) above shall be
constructed in conjunction with the construction by Boulevard of
the southern lanes of Chisholm Parkway from Interstate 35 to the
western boundary of the Boulevard Property, and the remaining
portions of the Phase I Improvements shall be constructed by
Boulevard in conjunction with the construction of improvements on
the Boulevard Property. The completion of the Phase I Improvements
shall be a condition for the issuance of any certificates of
occupancy for the improvements to be constructed on the Boulevard
Property.
2. Chisholm Trail agrees to grant to Boulevard a temporary
drainage easement over and across a portion of the Chisholm Trail
Property to accommodate the stormwater drainage for the Phase I
Improvements on and subject to the terms and provisions of the
Drainage Easement attached hereto as Exhibit B (the "Drainage
Easement "). it is acknowledged and agreed
that
Easement initially is for the purpose of allowing he Drainage
and maintenance of the overland stormwater channel h c
aspart of the
Phase 1 Improvements and is a temporary easement which shall
terminate upon the construction of a 42" underground stormwater
line connecting with the 42" stormwater line constructed as part of
the Phase I Improvements at the southwest corner of the Boulevard
2 I,: %UMW= \s1s2.s1z2A7am..1GM,o1 /9s /sa
Property and conveying stormwater or drainage flows (but not
exceeding flows in the amounts set forth on Exhibit A) from said
southwest corner of the Boulevard Property to Onion Creek at suoh
location as maybe determined by Chisholm Trail and approved by the
City in connection with the development of the development of the
Chisholm Trail Property south of Chisholm Parkway (the "Phase II
Improvements "). Upon completion of the Phase II Improvements and
the termination of the Drainage Easement, Chisholm Trail shall be
entitled to fill the overland drainage channel within the Drainage
Easement as Chisholm Trail may determine to be appropriate for the
use and development of its property.
3. Chisholm Trail agrees to construct or cause to be
constructed the Phase II Improvements at its cost and expense,
subject to the provisions hereof with respect to the sharing of
such cost, at such time as the Chisholm Trail Property south of
Chisholm Parkway is developed.
4. It is acknowledged and agreed that the Phase I
Improvements and the Phase II Improvements have been sized and
designed, and are adequate, to accommodate the stormwater runoff
from the following properties as reflected on Exhibit A: (i) 3.67
acres of the Chisholm Trail Property located north of Chisholm Park
Sec. One (ii) Chisholm Park sec. One, (iii) Chisholm Parkway as
dedicated by the plat of Chisholm Park Sec. Two, (iv) Chisholm Park
S. Two, and CO 2.15 acres of the Chisholm Trail Property located
south of Chisholm Parkway. Neither Boulevard nor Chisholm Trail
shall be required or obligated to provide for stormwater runoff
from any other property or for runoff from the benefitted
properties in excess of the amounts indicatcd on Exhibit A or that
may require an increase in the size of the stormwater lines
comprising the Phase I Improvements or the Phase II Improvements as
set forth herein.
5. The Parties agree that the cost of the Phase I
Improvements and the Phase II Improvements shall be allocated among
the parties based on the amount of stormwater runoff from the
properties benefitted by such improvements is as follows:
Chisholm Trail - 41.66%
Boulevard - 25.9e*
The City - 32.36°%
Notwithstandin the foregoing, Boulevard has agreed to construct
the Phase I Improvements at its cost and expense, and Chisholm
Trail has agreed to construct the Phase II Improvements at its cost
3 P :1nA: T.00 \.131. s \nsApgm.Aan,o : /sS /36
and expense. The parties have agreed that Boulevard shall receive
a credit for Chisholm Trail's share of the cost of the Phase I
Improvements against Boulevard's share of the cost of the Phase II
Improvements, and Boulevard has concurrently with the execution
hereof paid to Chisholm Trail the sum of $5,500.00, being the
agreed amount equal to the balance of Boulevard's share of the
estimated cost of - the Phase II Improvements after said credit. In
consideration of such payment to Chisholm Trail, the receipt and
sufficiency of which are hereby acknowledged, Chisholm Trail and
the City agree that Boulevard shall have no further obligations or
liability with respect to the cost of the construction of the Phase
II Improvements.
6. In consideration of the construction of the Phase I
Imp of Boulevard at its cost and expense and the payment
is share of the cost of the construction of the
Phase II Improvements, the City agrees that no on -site detention
shall be required for the Boulevard Property, and that Boulevard
shall receive a credit against the regional detention fees of
$2,400 per acre otherwise required to be paid by Boulevard with
respect to the Boulevard Property in an amount equal to the cost
incurred by Boulevard to construct the Phase I Improvements.
Boulevard agrees that to the extent the cost to construct the Phase
I Improvements exceeds the amount of such regional detention fees
otherwise payable by Boulevard, the City shall have no further
obligations or liability with respect to such excess costs.
7. In eoesiideration of the construction of the Phase II
Improvements by Chisholm ?rail at its cost and expense, the City
agrees that no on -site detention shall be required for the Chisholm
Trail Property, and that Chisholm Trail shall receive a credit
against the regional detention fees otherwise required to be paid
by Chisholm Trail with respect to the Chisholm Trail Property for
a number of acres aaual to the cost incurred by Chisholm Trail to
construct Chisholm Trail's share and the City's share of the cost
to construct the Phase II Improvements divided by being intended that as a result of such credit, mo0reg9o
detention fees shall be required to be paid by Chisholm Trail for
the resulting number of acres of the Chisholm Trail Property.
Chisholm Trail agrees that to the extent the number of acres for
which Chisholm Trail would be entitled to receive a credit against
the Hush regional detention fees exceeds the number of acres within
the Chisholm Trail Property, the City shall have no further
obligations or liability with respect to such excess costs.
4 a:`.RAFAywoo131c2.e ....... .ovos /3e
8. The City agrees that no filtration of the s- r
runoff from the properties benefitted by the Phase i Impro ements
and the Phase II Improvements shall be required to be provided as
part of the Phase I Improvements and the Phase II Improvements,
other than the filtration of the south one -half (1/2) of Chisholm
Parkway adjacent to the Boulevard Property which shall be provided
as part of the Phase I Improvements; it being understood and agreed
that except for the filtration provided for said street in the
Phase I Improvements, the Phase I improvements and the Phase II
Improvements shall provide for drainage only and that neither
Boulevard nor Chisholm Trail shall be required to provide for
filtration of such stormwater runoff. It is understood and agreed,
however, that Boulevard and Chisholm Trail shall each be required
to comply with applicable requirements for the filtration of
stormwater runoff from the improvements constructed on their
respective properties, but only to the extent of such improvements,
Neither Boulevard nor Chisholm Trail shall have any obligation to
provide filtration or stormwater runoff from any other property or
improvements.
9. The Phase I Improvements and the Phase II Improvements
shall be constructed in accordance with the applicable standards of
the City. Upon completion of the construction of the Phase I
Improvements in accordance with such standards (as by a
certificate of Boulevard's licensed engineers), the City shall
accept such improvements and shall be responsible for the
maintenance of the Phase I Improvements other than the overland
drainage channel covered by the Drainage Easement, which shall be
maintained by Boulevard at its sole cost and expense as provided in
the Drainage Easement. Unless Chisholm Trail and the City
otherwise agree, upon completion of the Construction of the Phase
II Improvements in accordance with the applicable standards of the
City (as evidence by a certificate of Chisholm Trail's licensed
engineers), the City shall accent_such improvements and shall be
responsible for the maintenance of the Phase II Improvements.
Chisholm Trail shall grant a public drainage and /or storm sewer
easement to the City as necessary for the use, maintenance and
repair of the Phase II Improvements.
10. This Agreement contains the entire agreement among the
parties with respect to the matters covered hereby, and no oral
statements or prior written matter not specifically incorporated
herein shall be of any force and effect. No variation, modifica-
tion, or changes hereof shall be binding on any party hereto unless
set forth in a document executed by such party or a duly authorized
agent, officer or representative thereof.
5 FAras w) m.51b]. /ob / ? s
11. This Agreement shall be binding upon, and inure to the
benefit of, the parties hereto and their respective successors dna
assigns. Chisholm T=ail and Boulevard shall be entitled to assign
any or all of their rights and entitlements under this Agreement by
written assignment, provided the assignee assumes all obligations
of the assigning party and a copy of such assignment and assumption
is delivered to the other parties hereto. EXcept For an assignee
under an assignment in accordance with the provisions hereof,
nothing in this Agreement, express or implied, is intended, and
shall not in any manner be construed, to confer upon any person
(other than the parties hereto, and their successors and assigns)
any bene =its, rights or remedies under or by reason of this
Agreement.
12. All notices, demands and requests hereunder shall be in
writing and shall be deemed to have boon properly delivered as of
the date of delivery if personally delivered or as of the first
business day after the date of deposit in the U.S. Mails if sent by
certified mail., return receipt reouested, postage prepaid,
addressed:
to Chisholm Trail at:
to Boulevard at:
with copy to:
to the City at: 221 East Main Street
Round Rock, Texas 78664
Attn: Director, Public Works
or to such other addressee or address which either party may so
designate by sending notice as aforesaid.
c/o Highland Management, Inc.
Southwest_ Tower Building
211 E. 7th Street
Suite 709
Austin, Texas 78701
Boulevard Motel Corp.
10750 Columbia Pike
Silver Spring, Maryland 20901
Attn: General Counsel
Boulevard Motel Corp.
10_75C Columbia Pike
Silver Spring, Maryland 20901
Attn: Vice President -
Real Estate Development
6 3 : \mwsco \szs2.5%sa. sg.a A.0: /05/96
13. Time is of the essence in this Agreement.
14. In addition to any other remedies to which the parties
may be entitled, at law or in equity, including, without
limitation, an action for damages or an injunction to prevent the
violation or attempting to violate the provisions hereof, in the
event of a default hereunder or breach of any obligation or
agreement provided herein, the provisions of this Agreement shall
be enforceable by specific performance.
15. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and all obligations hereunder
are performable in Williamson County, Texas. In the event any one
or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable, such
invalidity, illegality or unenforceability shall not affect the
remainder of this Agreement, which shall continue in full force and
effect.
16. This Agreement may be executed simultaneously in two (2)
or more counterparts, each of which shall be deemed an original,
but all of which shall constitute one and the same instrument.
EXECUTED by the parties on the dates set forth below their
respective signatures to be effective the date the last party so
signs.
CHISHOLM TRAIL:
CRISHOLM TRAIL JOINT V�.NTURE
By: _Highland management, Inc.,
Managing - turer
//ef/
af�e
By:
Daivd Bodenman,
vice President
7 R: IRa'va ax\ns :.3WAArcb..nay.a_/as /9
BOULEVARD:
BOULEVARD MOTEL CORP.
THE CI
Weldon Humphrie
Senior Vice President
THE CITY OF ROUND ROCK
TITE STATE OF TEXAS 5
5
COUNTY OF HARRIS 5 p
This instrument was acknowledced before me on the 0' day of
January, 1995, by Cavid Bodenman, Vice President of HIGELAND
•`ANAGEMENT, INC., a Delaware corporation, Managing Venturer of
OE ISROLM TRAIL JOINT VENTURE, a Texas joint venture, on behalf of
said corporation and joint ve`,
NOT Y PUBL C, te Texas
Gta
Print Name: A) Pr uFlePh-
a
?, 1kA!'A: UO1a252.i1 m12.x.q.,,0: /05/36
T??E STATE Oii� §
inn 5
COUNTY OF
This instrument wasackr_owledged before me on the `day of
January, 1996, by Weldon Hump?lries, Senior Vice President -of
BOULEVARD MOTEL CORP., a Maryland corporation, on behalf of said
corporation.
= r
THE STATE OF TEXAS 8
COUNTY OF WILLIAPiSON §
Print
LIC, State
Name:
AFTER RECORDING, RETURN TO:
R. Alan Haywood
Graves, Dougherty, Hearon & Moody, P.C.
P.O. Box 98
Austin, Texas 78767
NOTARY PUBLIC STATE SHAFFER Commission Expires February M�YLA
1, 19999
8
9 JARsxy too \5132.5 \7W1_2p. .LCis.2: /:ai95
This instrument was acknowledoad before me on the f
January, 1996, by �� day o_
I
�y��
of 2` � CITE'
R _ OF ROUND ROCK, a municipal
corporation under the laws of the State of Texas, on behalf of said
municipal corporation.
1 ( -
NOTARY PUBLIC,d4Fin_pf Texaa '�
Princ Name:
EXHIBIT
.,... -••■
........ '
-... ..
•
SLOPED 42" HEADWALL
WITH DISSIPATORS
r.L.=730.30
CHI )
0 iN3-
_ ___ ---- — EX. LA QUINTA
Ac it
(PONDED- St)
1 FUTUgE , LA QUINT&
. \- 57 cf s .`
-----.::
EX.
1 tic
PLUG ./
LUG
SEC
.24" LO
2Ac
------ • • _ _ / •
,. 24" , •./
/
`'. 'Ai
• - .2 i
... . • i i
. . -. -4., , z i: t. \ •
.,%Z4cS14 CF 0 A '
\ \ \
I, 1
\ `-,,, ■-,,.. •
■ - \ ‘1 ... .. .
.. 4-
\.. .
/ . `• 1 1
I s T EM P d RA RY
... . . _ :
\
s •-.. 1 f.
100 YEAR \l
"' .F_LDO.D POO II, I
-735.00
,./ • • -..
0
200
40
GRAPHIC SCALE IN FEET
1K1
EXHIBIT "B"
TEMPORARY
DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
RECITALS:
A. Chisholm Trail Joint Venture, a Texas joint venture
( "Grantor "), is the owner of Certain real property in Williamson
County, Texas, more particularly described in Deed recorded in
Volume 1322, Page 207 of the official Records of Williamson County,
Texas ( "Grantor's Property ").
B. Boulevard Motel Corp., a Maryland corporation
( "Grantee "), is the owner of certain real property in Williamson
County, Texas, more particularly described as Lot One (1) of a
Resubdivision of Lot 1, Block "A," CHISHOLM PARK SECTION TWO, a
subdivision in williamson County, Texas, according to the map or
plat thereof recorded in Cabinet M, Slides 93 -94 of the Plat
Records of Williamson County, Texas ( "Grantee's Property "),
C. The existing drainage facilities in the area are
inadequate to allow Grantor and Grantee to develop their respective
properties, and Grantor, Grantee and the City of Round Rock (the
"City ") have entered into an Agreement Regarding Construction of
Drainage Improvements (the "Agreement") of even date herewith
recorded in the Official Records of Williamson County, Texas,
pursuant to which Grantor and Grantee have agreed to construct
certain drainage improvements as therein described as part of the
City's regional drainage program to allow development of their
'respective properties without the necessity of on - site detention of
stormwater runoff.
D. Pursuant to the terms of the Agreement, Grantor has
agreed to grant and convey to Grantee a temporary drainage easement
over and across a portion of Grantor's Property for the benefit of
Grantee's Property, on and subject to the terms set forth below.
NOW,
covenants a nd THEREFORE, o conaidcration of
agreements forth in the Agreement, the erms
conditions hereinafter sat forth, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged and confessed and for which no lien or encumbrance
expressed or implied, is retained, Grantor has this date GRANTED
and CONVEYED and_by the presents does GRANT and CONVEY unto
F% \ RARAMC \5152 , S \DRAARO¢, y}y, O :dos /9E
Grantee, its successors and assigns, a temporary drainage easement
for the construction, operation, maintenance, inspection and repair
of an overland stormwater or drainage channel for the purposes of
conveying stormwater over, upon and across the following described
portion of Grantor's property, to wit:
All that certain tract, piece or parcel of land, lying
and being situated in Williamson County, Texas, as more
particularly described in EXHIBIT °A" attached hereto and
made a part hereof for all purposes, to which reference
is here made for a more particular description of said
property (the "Easement Area ").
Grantor does further
the grant unto Grantee a temporary working
s pace Basemen solel y the purpose of construction activities in
connection with the initial construction of said drainage channel
within the Easement Area and to the extent necessary for the
maintenance and repair of said drainage channel as hereinafter
provided; such temporary working space easement being with respect
to an area not exceeding ten (10) feet in width on either side of
the Easement Area.
TO HAVE AND TO BOLD the same unto Grantee, its successors and
assigns and the subsequent owners of Grantee's Property, and
Grantor does hereby bind itself, its successors and assigns to
WARRANT AND FOREVER DEFEND all and Singular the Easement Area unto
Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, by, through or
under Grantor, but not otherwise.
This Easement is made and accepted Subject to and strictly
conditioned upon the following:
1. Grantee shall, at its sole cost and expense, construct or
cause to be constructed a drainage channel within the Easement
Area, consisting of au overland drainage Swale, as described on
Exhibit B attached hereto and made a part hereof. Upon completion
of such drainage channel, Grantee shall, at its sole cost and
expense, maintain the Easement Area by clearing, ;rowing and /or
removing vegetation, siltation and debris to extent, but only to
the extent, that the same impedes the natural flow of stormwater
over and across the Easement Area, and shall otherwise maintain and
repair the drainage channel as necessary for the conveyance of
stormwater and to prevent damage, by erosion or otherwise, to
Grantor's adjoining property. Grantee shall prior to the
commencement of any work within the Easement Area obtain all
permits and approvals required by any governmental authority with
jurisdiction over the same; Shall comply fully with all applicable
2 F: \ nWYM)p \5152.5 \MAO5!.841f.91 /OS /ot
s statutes, ordinances, an z le an regulations pertaining thereto; and
a
the la g or Grantee's intent to enter upon
Area and the purposes of such entry, except in the
case of emergency in which event Grantee shall advise Grantor of
Grantee's entry as promptly as possible after such entry.
2. Grantee shall at all times after doing any work in
connection with the construction, operation, maintenance,
inspection, or repair of the drainage channel to be constructed
within the Easement Area repair any damage done to the adjacent
property owned by Grantor, and repair and restore said adjacent
property and any improvements located thereon to the condition in
which the same was found before such work was undertaken. Grantee's
repair obligations hereunder shall be exclusive of repairs required
as the result of the intentional acts or the gross negligence of
Grantor, its employees, agents or invitees. Grantor shall be
responsible for any repair of damage resulting from the intentional
acts or gross negligence of Grantor, its employees, agents or
invitees, and in the event Grantor has not repaired such damage
within thirty (30) days after written notice from Grantee, Grantee
may, but shall not be obligated to, make such repairs and receive
reimbursement from Grantee of the reasonable, actual out -of- pocket
expenses incurred by Grantee in making such repairs.
3.
of Grantor $aseprovidedhabove, Grantee th so e
for (and shall defend, indemnify and hold Grantor and Grantor's
Property from and against any claim, 1 oss,•expense or liability
with respect to) the design and construction of the drainage
channel constructed within the Easement Area; the operation,
maintenance, inspection and repair thereof; and any damages
resulting from such activities or the use of the Easement Area by
Grantee. Nothing contained herein shall ever be construed to place
upon Grantor any manner of liability for injury to or death of
persons or for damage to or loss of property arising from or in any
manner connected With the acts, conduct or negligence of Grantee,
or its contractor(s), in the design, construction, operation,
inspection, maintenanc or repair of said drainage channel.
Grantee agrees that any contract executed by Grantee for the
construction of such drainage improvements shall contain a
provision pursuant to which the contractor shall defend, indemnify,
and hold Grantor harmless from and against any and all liability,
cost, expense, cause of action or other claim whatsoever for injury
to or death of persons or for damages to or loss of property
arising from or in any manner connected with the Construction of
such improvements, and waiving any right to impose a lien on the
Easement Area or any property of Grantor for the payment of any
3 i'= aYWOO \52.57..5 \7➢arNaQs.zok,
os /e3 /ea
sums due to the contractor for its work or services in constructing
the drainage channel.
4. The easement, rights and privileges granted hereby are
solely for the purpose of the conveyance of stormwater runoff from
the southwest corner of Grantee's Property as provided herein.
This Temporary Drainage Easement and the rights granted herein
shall be a private easement solely for the benefit of Grantee, and
the future owner(s) of Grantee's Property, and shall not create or
grant any rights to the general public or to the owner of any other
property to use or enter upon the Easement Area; provided it is
understood and agreed that the drainage channel is part of certain
drainage improvements to be constructed in accordance with the
terms of the Agreement and have been designed to accommodate
certain drainage flows from Lot 2, Block "A," CHISHOLM PARK SECTION
TWO (the "Stewart Property°), CHISHOLM PARK SECTION ONE (the "La
Quinta Property "), and from approximately 3.674 acres of land now
owned by Grantor and located north of the LaQuinta Property; all as
more particularly described in the Agreement. Accordingly, Grantor
shall have the right to direct stormwater and /or drainage to, and
to use, the drainage improvements constructed pursuant to the
Agreement, including the Easement Area, for its property, and
subject to the approval of the City of Round Rock and compliance
with all applicable laws, statutes, ordinances, rules and
regulations, the owners of the Stewart Property and the LaQuinta
to shall e improvements hthe drainagco structed/pr suan t o
the Agreement, including the Easement Area, for ro s
provided such rights shall be limited to the amount iofpetoermwater
flows 'o set forth in the Agreement.
5. Grantor hereby reserves and retains unto itself, and its
successors and assigns, the right to use, place or direct
stormwater or drainage to and across the Easement Area in
connection with the use of Grantor's Property to the extent the
improvements can accommodate such stormwater or drainage.
6. The easement, rights and privileges granted hereby are
temporary only and shall automatically terminate and be of no
further force and effect upon the completion of a 42" underground
stormwater line connecting to the termination of a 42" atormwater
line at the southwest corner of Grantee's Property and conveying
stormwater or drainage flows (but not exceeding flows in the
amounts set forth in the Agreement) to Onion Creek, which shall be
constructed
Property south of Chisholm t Parkway may determine rand oaa
Grantor's
approved by the City. Said 42" stormwater line shall be
constructed and installed_ in connection with the development of
4
F:\RAMy000 \ 51$2.5 \ppIlijaCE. E531,01 /65/16
such portion of Grantor's Property, and a permanent Public drainage
and /or storm sewer easement shall he granted and recorded as
appropriate for said 42" stormwatex line. Upon the completion of
such 42" stormwater line, the acceptance thereof by the City, and
the recording of said easement, all as evidenced by the filing of
an Affidavit executed by Grantor, or the then owner(s) of Grantor's
Property located south of Chisholm Parkway, stating such conditions
have been satisfied"and which Affidavit shall include (i) a copy
a certificate of acceptance or other bona fide evidence of the
acceptance of such 42" stormwater line by the City, and (ii) a copy
of the recorded easement or the recording information for such
easement, this Temporary Drainage Easement shall terminate and all
right, title and interest in and to the Easement Area shall revert
to and revert in Grantor, or the then owner(s) of the Easement
Area, as fully and completely as if this Temporary Drainage
Easement had not been executed, and the Easement Area shall
thereafter be released of and from any rights, privileges and
easements hereby granted.
7. This Temporary Drainage Easement is further made and
accepted Subject to any and all easements, covenants, rights -of-
and royalty reservations, ny, re the r above-described land to the extent and only to the extent, that the same may still ,
be in force and effect, and either shown of record in the Office of
the County Clerk of Williamson County, Texas, or apparent on the
ground.
B. This Temporary Drainage Raseme__ ^_t ma
simultaneously in two (2) or more counterparts, Y be executed
be deemed an original, but all of ic shall constitute 1 ne
the same instrument.
EXECUTED this the
day of January, 1996.
CHISHOLM TRAIL JOINT VENTURE
By: Highland Management, Inc.,
Managing enturer
A i t /
5
By:
David Sodenman,
Vice President
a. morel op'015:.5 WBpgAGS.ZSM.02 /05/!6
ACCEPTED AND AGREED:
BOULEVARD MOTEL CORP.
By:
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the day of
January, 1996, by David Bodenman, Vice President of HIGHLAND
MANAGEMENT, INC., a Delaware corporation, Managing Venturer of
CHISHOLM TRAIL JOINT , a Texas joint venture, on behalf of
corporation and 'oirt =- ..e.
LINDA GUERRA
Notary Publb, State oMow y �� '
►yieu
cauRA F�YM taa.%lige - "1Y" kUWL—
NOT Y PUBL , State ot Texas
Print Name: LtNnhwER
COUNTY OF
Weldon Humphries,
Senior Vice President
THE STATE OF
This instrument was acknowledged before me on the of
January, 1996, by Weldon Humphries, Senior Vice President of
BOULEVARD MOTEL CORP., a Maryland corporation, on behalf of said
corporation.
AFTER RECORDING,
RETURN TO:
6
NOTARY PUBLIC, State of
Print Name:
R. Alan Haywood
Graves, Dougherty, Hearon & Moody, P.C.
P.O. Box 98
Austin, Texas 78767
\RASzalco I52.5\pya ,ate oi�C��96
EXHIBIT A
4
WC: ek
Job No. 763 - 501 -15
DESCRIPTION
FOR A .LB4-ACRE (25,440 - SQUARE -FOOT) i(ACI Ot LAND
SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130
IN WILLIAMSON COUNTY, TEXAS, SAID .584 -ACRE TRACT
BEING A PORTION OF A 63.769 -ACRE TRACT OF LAND
CONVEYED TO CHISHOLM TRAIL JOINT VENTURE, A TEXAS
JOINT VENTURE BY INSTRUMENT RECORDED IN VOLUME 1322,
PAGE 207 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID
.584 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE on an iron rod found on the northwest
uurner of the "Resubdivision of Lot 1 Block A Chisholm Park Section Two ", a
oubdiyisisn a . tid :„ L. the pidi thereof recoraea in cabinet M Slide 93 and
94 of the Plat Records of said County, said point also being a angle point in
the east boundary line of said 63.769 -acre tract, thence with the west
boundary line of said Subdivision, S11 °46'16 "E (bearing basis) a distance of
279.47 feet to an iron rod found on a point being the southwest corner of said
Subdivision, same being an angle point in the east boundary line of said
63.769 -acre tract, said point also being the northwest corner and POINT OF
BEGINNING hereof;
THENCE with the south boundary line of said Subdivision, same
being the easterly boundary line of said 63.769 -acre tract, N78 °16'01 "E for a
distance of 30.00 feet to a point being the northeast corner hereof;
THENCE departing the south boundary line of said Subdivision,
through the interior of said 63.769 -acre tract, S11 °46'16 "E for a distance of
848.00 feet to a point in the centerline of Onion Creek, same being the
southeast corner hereof;
THENCE continuing through the interior of said 63.769 -acre tract,
with the centerline of Onion Creek,- S78 °13'44HW for a distance of 30.00 feet
to a point being the southwest corner hereof;
THENCE departing the centerline of Onion Creek and continuing
through the interior of said 63.769 -acre tract, N11 °46'16 "W for a distance of
848.02 feet to the POINT OF BEGINNING hereof and containing .584 -acre of land.
Surveyed nder the direct SUp:rvision of the undersigned:
Cecil J '' son Chisholm Date
Registered Professional Land Surveyor No. 4295
Iz -21-95
ULU
Rf
s o&JEGI
SKETCH TO ACCOMPANY DESCRIPTION
tar.: ri.,jaivos1L: r.
1
91.
cps
LO
ORO
4,4 3•
S1 ,93. -
rsts.A VA ‘5 ,
g,
1
8 1*
63
p.0.9
o
01
N oo7
6 3369
Twee' scale
e 5.
k-
%-t1SK
C,
, 022/ 26 1c.
63 "
1.0 2
STY A
V16
16 gr N
' C
0
43 Prepared By, Dote
Cecill Jackson Chisholm #4295
9111 Jollyville Rood, Sui S. te 107
Austin, IX 78759 ,Z 21
Ph. No. (512) 346-6980 Rekuvee 96.
\
;
04151
A322, k c
6 3369 '' •
or 46
LEGEND
IRON ROD FOUND
PUBLIC UTILITY EASEMENT
TEXAS DEPARTMENT OF
TRANSPORTATION
POINT OF BEGINNING
AUGUST,1995
JOB 763-501-15
file: SLEEP.CRD, NOTLPLAT.DWG
SCALE:
6
r=100'
.IRF
P.U.E.
TXDOT
P.O.B.
Boker4daWn
& Assoolatu, bo.
Consulting Englown
NATURAL
GROUND
I �
it 1 �� ���•
l i +I ��' � 3.50 _
►': . i
LOT
TO L LOPED
02s EL. 32.75 cf
OPOSED
HAN`. TO
CREEK •• .1,509.t
Two
1
(
OFFSITE DRAINAGE
4 — hl
MAX. W.S. 1r7 I "'
I..
P
DEPTH 1.22' jd I /\ //
kI,, I lun 1ry.,ei
s'
CHANNEL SECTION "A -A"
N.T.S.
EXHIBIT a -1
CEP 22 5
0 CAP. - 50.00 cfe
VELOCRY - 4.23 fps
TOP WIDTH = 13.34 ft.
CHANNEL SLOPE - 1.50
TOP OF
GABION
= 746.
146.501
24.60 L.F. -24" R.C.P.
1.02% "
CONCRETE PUTTER
AILS
SHEET 6 OF 10)
WATER QUALITY POND
(SEE DETAILS SHEET 6 OF 10)
to 12.50'
149 351
• 15' P.U.E.
CAB. F
AREA INLET SL. 46
F.L. 16' (OUT)..-- 145.00
F.L 12" 11 745.50
WINDOW ELEV.■ '48.00
17.90 LF.»• 18' R.C.P.
CL. III 0 1.40%
24" OUTLET
F.L- 744.35
5.00 L.F. -24' R.C.P.
CL. 111 0 2.0D%
Q25 23.02 :fs
CONSTRUCT 4' DR. S.S. M.H.
F.L 30"- 743.75
F.L. 24 = 744.25
F.L 18"- 744.75
OVERFLOW W!:IR
EL— 747.00
. Q75 -23.3/3, ::fs
172.00 L.F. -:10" R.C.P.
CL. III 0 1.0.'%
SAND FILTER
SURFACE ELEV.= 744.0D
46.60 LE. -6' SCH. 40
P.V.C. O 0.5C%
CL PROPOSED :HANNEL
TO CREEK 0 .5.00%
.o
v
z
Y. iC
CONSTRUCT CONCRETE HEADWA`
WITH ENERGY DISSIPATORS
(SEE DETAIL SHEET 5)
F.L. 30 "(OUT)= 742.00
F.L. 6" (OUT)- 742.00
TOTAL 025 REL... 32.75 cis
EXHIBIT B - z
21.90 LE. -16" R.C.P.
INSTALL: 4' SO.
TOP OF GRATE.
F.L 24" R.C.P.
079= 15.18 cf.,
15' P.U.E.
CAB. H
SL 46
DATE: December 18, 1995
SUBJECT: City Council Meeting, December 21, 1995
ITEM: 11C. Consider a resolution authorizing the Mayor to enter into an
agreement between Chisholm Trafl Joint Venture, Boulevard Motel
Corporation and the City of Round Rock regarding construction of
drainage Improvements.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Regional Drainage Concept and Agreement
PURPOSE:
PARTICIPANTS:
The development of a regional drainage facility to serve 16.41 acres of land
on the westerly side of the south -bound IH -35 Frontage Road, north and
south of the proposed Chisholm Parkway.
City of Round Rock
Boulevard Motel Corp.
Chisholm Trail Joint Venture
IMPROVEMENTS ANTICIPATED:
PHASE I
Chisholm Parkway and IH -36 Frontage Road Area
36" and 42" RCP stormwater lines along the westerly boundary of
Boulevard Motel Corp. property, along with 18" and 24" RCP stormwater
lines into the Chisholm Parkway right of way and a temporary drainage
ditch on property owned by Chisholm Trail Joint Venture intended to convey
the drainage from the Phase I improvements to Onion Creek; serving to
capture drainage from the future Sleep Inn Hotel, the Chisholm Parkway
Improvements intended to be built by Boulevard Motel Corp., the existing
Texaco station (Stewart Property), the future section of Chisholm Parkway
to the north of the section to be built by Boulevard Motel Corp., the existing
improvements of La Quanta, and future potential improvements on lands
owned by La Quanta and Chisholm Trail Joint Venture.
The Phase 1 improvements will be built by Boulevard Motel Corp., at its
expense.
PHASE 11
COST SHARING PLAN:
42" RCP stormwater line on land owned by Chisholm Trail Joint Venture,
Intended to convey the upstream waters captured by Phase 1 improvements
to Onion Creek.
Phase II improvements will be built by Chisholm Trail Joint Venture, at its
expense.
Based on the flows through the improvements, the following cost allocations
have been established:
PROJECT COST ESTIMATES:
Chisholm Trail Joint Venture - . 41.66%
Boulevard Motel Corp. - • 25.98%
*City of Round Rock - 32.36%
• City of Round Rock's portion to be paid through credit to
developers of Regional Detention Fees.
Costs estimated by the parties engineers indicates costs as follows:
Phase I
Phase II
$38,039
$6t182
Tots I: $99,221
Staff recommends approval of the agreement.
E,LA QUI
2.74Ac 57cfs
EX. 1$r AC S
CHI
JOIN
=735.
0 25 =
.84Ac
EX. LA QUI
Ac
6.95cfs
100 YEA
28.89cfs
0.83Ac
TEMP•
SWALE
•
?` l
SLOPED 42" HEADWALL
WITH DISSIPATORS
F.L.= 730.30 ‘t
0
GRAPHIC SCALE IN FEET
0
200
Bsk.r- Alcklsn
& Assoolatss. Ina mw m.
Consulting Engineer w on)
40(
1
E,LA QUI
2.74Ac 57cfs
EX. 1$'\ L 0 Js
2.84Ac
'EX. LA QUI
. • Ac
6.95cfs
28.89cfs
0.83Ac
TEMP•
SWALE
SLOPED 42" HEADWALL
WITH DISSIPATORS
F.L.= 730.30
JOIN
0
GRAPHIC SCALE IN FEET
cfs
L14 IleAk.cutser-Alcs.klimen
NOM MDC4
200
40C
Mayor
Charles Culpepper
Mayor Pro
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L. Sheets
•
January 17, 1996
THE CITY OF ROUND ROCK
Mr. R. Alan Haywood
Graves, Dougherty, Hearon & Moody, P.C.
P.O. Box 98
Austin, TX 78767
Dear Mr. Haywood:
Resolution No. R- 95- 12- 21 -11C was approved by the Round Rock City
Council on December 21, 1995.
Enclosed is a copy of the resolution and two original agreements. We
have retained one original agreement for our files. If you have any
questions, please do not hesitate to call.
Sincerely,
Enclosure(s)
,-(urrL
Joanne Land
Assistant City Manager/
City Secretary
221 East Main Street
Round Rock, Texas 78664
512
Fax 612.255.6676 1.800. 735.2989 (TDD) 1.800. 735 -2988 (Voice)