CM-2014-615 - 12/5/2014City of Round Rock
ao gsoaocx Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with L. Nolan Ryan, Jr.
to allow three flag poles and one monument sign to be located within a 50 ,
foot PUE located on this site along the south property line of Lot 6D, Block
C of the Replat of the remainder of Lot 6, Round Rock Express
Subdivision, affecting 3600 E. Palm Valley Blvd. (US Hwy 79).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/5/2014
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost:
Indexes:
Attachments: Encroachment Agreement, Encroachment Agreement Application
Department: Planning and Development Services Department
Text of Legislative File CM -2014-615
Consider executing an Encroachment Agreement with L. Nolan Ryan, Jr. to allow three flag
poles and one monument sign to be located within a 50 foot PUE located on this site along
the south property line of Lot 6D, Block C of the Replat of the remainder of Lot 6, Round
Rock Express Subdivision, affecting 3600 E. Palm Valley Blvd. (US Hwy 79).
Section 36-46 of the Subdivision Ordinance allows a landowner to request the vacation of
an easement established by an approved plat or by separate instrument. In order to
maintain the PUE availability for future growth and maintenance of existing or new facilities,
an Encroachment Agreement is better suited for this request.
Following negotiations between the applicant, the City of Round Rock and the other utility
companies, all parties agreed to allow the encroachment with the understanding that the
improvements (shown on Exhibit A) could be removed at the owner's expense should utility
maintenance or new utility installation be necessary in the future.
The City of Round Rock Utilities and Environmental Services Department, Atmos Energy,
AT&T and Oncor have consented to the proposed encroachment.
Staff recommends approval of the encroachment agreement.
City or Roued Rock Page 1 Printed on IVX2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning and Development Services Project Name: Encroachment Agreement - R Bank
Project Mgr/Resource: Diane Buck ContractorIVendor: N/A
Council Action:
ORDINANCE RESOLUTION
xx City Manager Approval
[RA/ttorney
CMA Wording
Consider executing an Encroachment Agreement with L Nolan Ryan, Jr. to allow three flag poles and one monument sign to he
located within a 50 foot PUE located on the site along the south property line of Lot 6D, Block C of the Replat of the remainder of
Lot 6, Round Rock Express Subdivision, affecting 3600 E. Palm Valley Blvd ( US Hwy. 79).
Date d
O:\wdox\SCClnts\0114\1410\MISC\00315194.XLS Updated 6/3/08
AR
2014098386
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between L. Nolan Ryan, Jr., whose mailing address is 3400 E. Palm Valley Blvd., Round Rock,
Texas 78665, hereinafter referred to as the "Owner," and the City of Round Rock, Texas,
hereinafter the "City," a municipal home -rule corporation whose address is 221 East Main Street,
Round Rock, Texas 78664, and becomes effective on the date this document is signed by the
City Manager of the City of Round Rock. The City and the Owner agree as follows:
A. City is the record holder of a 50 foot wide Public Utility Easement as dedicated by
plat recorded as Document No. 2014075107 Official Public Records of Williamson
County, Texas (the "Easement").
B. The Owner is the record owner of certain property, being the remaining portion of
Lot 6, Block C Section 3 Round Rock Express Subdivision, Section three, a
subdivision recorded in Document No. 2014075107 Official Public Records of
Williamson County, Texas.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the Easement shown in Exhibit A, attached hereto and incorporated herein for all
purposes, such encroachment being in the nature of three flag poles and a monument
sign (the "Encroaching Improvements').
D. By execution of this Agreement, the City grants its limited consent for the Owner to
encroach on or over a portion of the Easement strictly subject to the following
conditions:
(1) The Encroaching Improvements may be located only as depicted on the
attached Exhibit A, and no further encroachment or improvements of
any kind shall be allowed in the Easement
(2) The Encroaching Improvements must comply with any and all relevant
requirements of the Round Rock Code of Ordinances, including but not
limited to the Building Code;
(3) Use, maintenance, repair and removal of the Encroaching
Improvements shall be solely at the risk and liability of the Owner, and
not at the risk and liability of the City in any manner whatsoever;
(4) The permission of the City in allowing such encroachment shall be
strictly limited to this particular request, and shall not ever be construed
as establishing any precedent whatsoever,
(5) The parties expressly agree that the City has full authority in any
situation that it deems an emergency to remove or permit to be
removed, in whole or part, the Encroaching Improvements, and such
315169 doOjmr
cam- doH- L9 P5
removal shall be allowed without notice to the Owner and without any
obligation whatsoever on the part of the City to replace or repair any
part or the whole of the Encroaching Improvements; provided however
that the City may, but is not required to, provide notice to the Owner at
the following telephone number: (5 12) 750-7184;
(6) In a non -emergency situation, the Owner agrees to be solely responsible
for removal of the Encroaching Improvement to the City's satisfaction,
and such removal shall be completed by the Owner within forty-eight
(48) hours of actual notice to the Owner of the City's directive to
remove same. The parties expressly agree that, in the event the Owner
fails to remove the Encroaching Improvement to the City's satisfaction
following notice, then and only in that event the City may cause the
Encroaching Improvements to be removed solely at the expense of the
Owner;
(7) The parties expressly agree that the City shall never be responsible in
any manner whatsoever for damage caused to the Encroaching
Improvements related to the City's operation or maintenance of the
utilities contained within the Easement;
(8) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liability, cost and expense, including without
limitation reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, legal proceeding, claim,
demand, regulatory proceeding, or litigation arising from any act done
or omitted to be done by any party, excepting only any loss, damage,
penalty, liability, cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited to the right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental, indirect, special, punitive,
consequential or similar damages of any kind including without
limitation loss of profits, loss of business or interruptions of business,
whether such liabilities are predicated on contract, tort, strict liability or
any other legal theory. This indemnification shall apply to the Owner,
and to each of its successors, assigns, officers, employees and officials.
The parties agree that the provisions of this section shall survive the
termination of this agreement; and
(9) Relative to any subsequent purchaser of the property subject to this
Agreement, the Owner expressly agrees to adequately inform any such
purchaser of the property as to the existence of this Agreement and
provide a copy of same.
(10) The City reserves the right to rescind this Agreement at any time, with
or without cause.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
OWNER
By: _ 'OOZ4
L. Nolan Ryan, Jr.
Date: a /Oa1 /.,,o /y
CIROUND ROCK, TEXAS
Br 7 "c
Laurie Hadley, tity Mai ger
Date: /a2 AIJ4
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this -- day of AVM �k , 2014,
by L. Nolan Ryan, Jr, whose name is subscribed to the preceding instrument, and acknowledged
to me that he executed it for the purposes and consideration expressed in it. f
&J, 'aC�
Signature
RAHLT
AN bebDrak LBowww,
0:BONotaryPrinted Name
TATEOS �,n'"' . , zou Notary Public in and for the State of
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this� day of arBmher , 2014,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
';°w,==SAR1D0KCHAM%1ES$.lE55
:of Texas1 Jxabes6
Signature
GarkA0A ('.'vw"ln_ts
Printed Name
Notary Public in and for the State of T&AS
Encroachment Agreement
Round Rock Express Subdivision Section 3, A Replat of the Remainder of Lot 6
Lot 6D, Block C
3600 E. Palm Valley Blvd., Drive, Round Rock, TX 78665
21 --------------
SIGN LOCATION r
AS DETERMMED
4 J aas�. r I 1 1
CENTERE
ETYJEEND
BTHE
'i r� -1 lig UNDRGROUND
... I. - LINES
_
3 EA FLAGPOLES
RECORDERS MEMORANDUM
NI orP"Nlh.i WMu PAe wa rM
cwrN"INS kr Sagwm wxoNeuon.
Exhibit
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014098386
s,
Nancy E. Ri ster, County Clerk
Yiiliamson County, Texas
December 10, 2014 11:33 RN
FEE: $37.00 PHELPS
CITY OF ROUND ROCK f�
221 EAST MAIN STREET 1
ROUND ROCK, TX 78664
ROUNDROCK.TEXAS Encroachment
°°�"` Agreement
Director's Signatures
I have no objection to the requested as described in the application and in Exhibit A if the
following locations are used.
Monument
Flag
Application #: AGR1411-001
Address: 3600 E. Palm Valley Blvd, Round Rock, TX 78665
Subdivision: Round Rock Express Subdivision Section 3 - A Replat of the Remainder
of Lot 6 Block C
Lot 6D, Block C
Michael hane, P.E. Date
Utility Environmental Services Director
City of Round Rock
Brad Wiseman, AICP Date
Planning & Development Services Director
City of Round Rock
For Staff Use Only
-4-lvi 4C /4M€tj i
— Easement—e
Project Information Sheet
Planning & Development Services Department (PDS) 512-218-5428
Subdivision Name: kott lk { &O k Exiie55
Original Easement Record Information Cabinet/Slide or Document#:h
Property &, Legal Description / p
Tax Appraisal Dist lD# (s). 0 C 4 C1 � D a`Y
SubdivisionR b e k X {91 255
Phase: Section: ,) Block: � Lot:
c{
-OR-
Survey Name & Abstract # ''t 61g0?.7/0i _
To be released: Square feet. Acres:
Owner Information
Name: t it" w L. ALL??, .I r. Title: bW YI F_V"
Firm name (if applicable);
Firm address: ,34e)o c�Lt�✓✓t ��a ��P�/ &114,( koCk, I (' K '7
1
Ph: :i12-S�FF'- 33/'{ Email:
Applicant/Agent Contact Information
Name: AYI N L &APS �Title: pevr�br £ �Gr'w
Firm name (if applicable); L/C W L 5 :541p l
Firmaddress: Y�f✓r�u �(n �n� f,)LI.A��. 11< /74/L
Ph: Email� nC'Ieu11s51�n,1'�Nn
Staff use Only Application No: A ii t2 101-001 Date:
Pegc h
APPLICATION FOR EASEMENT RELEASE
TO BE SENT TO AT&T Texas at
926 Washington Ave, Room 202, Waco, TX 76701
Email 407029 attgmn
Lucy Cabading, FAX 254.767-7021, Anita Frank FAX 264-773-0674
Application Is hereby made for the release of the following easement(s) as described below:
The easements) is on property legally described as/YI::
'
Subdivision/Section: ,6wfor:( f\0US L 655
(u
Lot and Block No: _/ GPf :j dss C Ygee3
Deed book volume/page
or Document# ,20/'/075 /0 7
Street Address: 3ti'oa G Rttlr„ l/u,llellld
Provide common description of the easement requested for release, indicating the amount
of the cason to be released (provide a survey of the proporty with the easements to be
released highlighted) Please provide puiposeforthis release.
10 1111401' fi I' bAll611 d
�5 14 S i5 1L eo�
Property Owner'¢ Nauru:
Mailing Address:.Uoo E Pon, Vu-uc'4 -a✓(�
I
Telephone No.:
(Note: If multiple owners are )olning In this request, the complete names, addresses and phone
numbers on each must be attached.)
LAND OWNER NAME: A/bbt Al XV6ll-
LAND OWNER ADDRESS:
PHONE: FAX:
The undersigned Owner/ApplicantlAgent understands that the processing of this
Easement Release Application will be handled In accordance with the Procedure for
Requesting Release of Easements established by each Utility company.
Slimed by
Land Owner
To be sent to 925 Washington Ave. Room 202, Waco, TX 76701 along with survey plat of
property showing easement(s), and legal desetlption with the volume and page or the
document # from recording of the property dead in County Race, ds.
at&t
ENCROACHMENT AGREEMENT
Whereas Southwestern Bell Telephone Company, a Delaware corporation, using or entitled to
use, tinder the terms and provisions of our respective franchises with the property owners of Re -
plat of Lot 6PT, Three Block C Section Three, a subdivision in Williamson County, Texas,
easement of record in Document 20 1407 5 107, Official Public Records of Williamson County,
Texas, and said record reflects a Release of 3'5"x 1 P 8"x8' to install monument sign, of Replat
of Lot 6PT Block C Section Three, of said subdivision, Deed of record in Document
2014075107, Property Records of Williamson County, Texas, of said subdivision, do hereby
consent to the encroachment upon said easement, with the requirement that the owner move
structure, at owner's expense, to clear said easement should access become necessary:
The address locally known as: 3600 E Palm Valley Blvd
The request is for: Nolan L. Ryan Jr
3400 E. Palm Valley Blvd
Round Rock, Texas 78665
SOUTHWESTERN BELL TELEPHONE COMPANY,
A Delaware Corporation
By>�NL� s'V� �� . �1�� ;��A
Title: Manager -Engineering Design
THE STATE OFE-
COUNTYOF iW
BEFORE ME, the undersigned authority, on this day personally
appeared I i 1�) W lL.Lj AgA5� __ , known to me to be the person whose name is
subscribed to the foregoing instrument as Manager, Engineering -Design of Southwestern Bell Telephone
Company, a Delaware corporation, and acknowledged to me that he/she executed the same for pure ses
and considerations therein expressed in the capacity stated, and as the a deed of said co at on.
Given under my hand and seal of office this the 14 day P_,
fBECGA N ROGUE ommisalon Exylncnuary 16, 2017 My con ex res o
IleWARNER CABLE_
l THE POWER OF YOU'
750 CANYON DR., STE. 500
COPPELL, TX 75019
October 23, 2014
Ann B. Lewis
Lewis Sign
16910s IH 35
Buda, TX 78610
SUBJECT: Abandonment of R BANK, Round Rock, TX 78665
We have reviewed your request for the above referenced Utility Easement, and Time Warner Cable
(TWC) hereby grants the abandonment of the ROW near 3600 E. Palm Valley, located within the city of
Round Rock, Tx.
If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked &
located within affected easements before any excavations are started.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices of relocation to west-engineering-relo@twcable.com.
Please share this information with whoever needs these services.
Sincerely,
v x
N
O; )� _ _.
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m
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J
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�� - __ ,. �� � r-� '1 ' � .�
t.. _ .rsy ''..
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- _� � .. '� .�-�J
Landowner's Letter
Date:
To: Brad Wiseman
Planning & Development Services Director
City of Round Rock, Texas p 1/
Re: Easement release for property located at: 5 00 Ya-�fd'I r f='ll ��✓�
Dear Mr. Wiseman:
The purpose of this request is to release the referenced easement, or portion thereof, as described in
Exhibit A, attached to this letter, The reason for this request is: +1) 1 r 5A(/ p- ✓AOnlcme
614ki Ik 'H- I Q(,O 6SkowJ -I on draatif2
After a thorough examination, the respective suppliers of utility service have no objection to this
proposal and have indicated their agreement by signing below. Thank you for considering this
request.
Sincerely,
Larrdormrer. dote
I have reviewed the above proposal for utility service purposes, and I have no objections..
Name date Name date
Oncor-Round Rock District AT&T (formerly SBC)
\Tame date
Pedernales Electric Cooperative
Page 6
Landowner's Lefler
Date:
To: Brad Wiseman
Planning & Development Services finer tat
City of Rounffl Rock,'Pexas
cNCRo4c H MFN elT-
Re
qq t/ Q
Re: pasementxeeee for property located at 3LO Lam. {'it f ph VO -II �`� Uj✓J
Dear Mr. Wiseman:
The purpose of this request is to release Lie iefcoencod casement, or portion thereof, as described in
Exhibit A, alliched to this letter. The
� reason for this request is: 4 -it, J trl-, 1 Co -mmOmcrne3v�
Ih T�(k- �Of'(A.hi(- ,`>IM1�6 wT -L e)m %Irau i.ft �I
After a thorough examination, the respective suppliers of utility service have no objection to this
proposal and have indicated their agreement by signing below. Thank you for considering this
request.
Sincerely,
Lnudomber
dste
I have reviewed the above proposal for utility service purposes, and I have no objections.
//
me date/
Oncm -Pound Pock Dish
Name date
ATMQS Energy-Pcond Rack District
Namc
AT&T (formerly SBC)
date
Name date
Pedernales Electric Cooperative
STATE OF TEXAS )
COUNTY OF WILLIAMSON ) WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
REDORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE
NUMBER.
Date: January�� , 2014
Grantor: RRE INVESTORS, LP
Grantor's Mailing Address: 3400 East Palm Valley Blvd.
Round Rock, Texas, 78665
Grantee: L. NOLAN RYAN, JR.
Grantee's Mailing Address: 3400 East Palm Valley Blvd.
Round Rock, Texas, 78665
Consideration: Ten and No/100 ($10.00) Dollars and other good and valuable consideration,
including the agreement of Cnatrtee to assume and pay that one certain Promissory Note made by
Grantor payable to Kleberg First National Bank (Payee) dated September 23, 2013, in the
original principal amount of $2,703,602.00 secured by a deed of trust in favor of Payee, acrd
further secured by the vendor's lien and superior title to the Property retained in favor of Grantor
and conveyed to Payee.
GRANTOR GRANTS, SELLS AND CONVEYS to GRANTEE:
1.630 acres of land, more or less, out of the P.A. Holder Survey, Abstract No. 297, in
Williamson County, Texas, being out of the remaining portion of Lot 6, Block C, of
ROUND ROCK EXPRESS SUBDIVISION, SECTION THREE, an Addition to
Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet Y,
Slides 59-61, of the Plat Records of Williamson County, Texas, also being out of that called
88.411 acre tract conveyed to RRE Investors, L.P., in a Deed recorded in Document No.
9919729, of the Official Records of Williamson County, Texas; said 1.630 acre tract being
more particularly described by metes & bounds on Exhibit "A" attached hereto and made
a part hereof (the Property).
TO HAVE AND TO HOLD the Property, together with all the rights and appurtenances lawfully
accompanying it, to the Grantee and the Grantee's heirs, legal representatives, successors and
assigns forever. Grantor binds itself and its successors and assigns to warrant and forever defend
the property against every person lawfully claiming or to claim all or any part of the property,
provided, however, this conveyance is made subject to (i) unpaid taxes for the year 2014 and
subsequent years, and (ii) those documents and matters appearing of record that affect the
Property.
It is expressly agreed that the vendor's lien and superior title to the Property is retained in favor
of Payee until the Note has been paid in full. This Deed becomes absolute when the Note is paid
in full.
Signed on January 17 . 2014.
GRANTOR:
RRF. INVESTORS, LP
By: RRE HOLDINGS, INC.
Its General Partner
By: r 7
Reese Rya , Pr 'defit
STATE OF TEXAS
COUNTY OF WILLJAMSON
This instrument was acknowledged before me on the 17 day of January, 2014, by
Reese Ryan, president of RRE Holdings, Inc. on behalf of the corporation.
s•. i toy OEBOifAH BOWMAN
4i1Lb Nol�Pa�l�e
88, OFTEW
•xaem6m gme
Notary Public in and for the State of Texas
l&orolt &(.JV✓UZ,
Printed Name ,{ /
My Commission Expires: Nov 31a61G
Hank Encroachment Agreement
AGR 1411-001
The original application was for an encroachment
agreement for a monument sign to be constructed in an
existing 50 foot PUE. During the approval process, the
contractor installed 3 flag poles in the same PUE without
the City's knowledge or consent. The following emails
are signoffs from the utility companies for the addition of
the 3 flag poles to the monument sign encroachment
agreement.
Diane Buck
From: Trevino, Jesse <Jesus.Trevino@oncor.com>
Sent: Tuesday, November 25, 2014 4:08 PM
To: Diane Buck
Subject: RE: Encroachment Agreement - Round Rock Express Subd. (R Bank)
Diane,
Oncor has no objections to three flags installed in the PUE.
Thanks
Jesse Trevino
Sr. Utility Designer
(512)244-5661
(512)244-5689 fax
For power outages : 1-888-313-4747
From: Diane Buck [mailto:dbuck@roundrocktexas.gov]
Sent: Tuesday, November 25, 2014 3:57 PM
To: Trevino, Jesse
Subject: FW: Encroachment Agreement - Round Rock Express Subd. (R Bank)
Hi Jesse,
I received you voice message approval. When you have a minute, please send me an email for my file.
Thanks again,
(Diane Buck T&nner
City of Round Rock
Planning and Development Services Department
From: Diane Buck
Sent: Friday, November 21, 2014 3:11 PM
To: WILLIAMS, DAVID A (dw8132@atLconi )esse.trevino@oncor.com'; Martin Perez (Martin.Perez@atmosenergy.com);
'west-engineering-relo@twcable.com'; Wratten, Scott (scott.wratten@twcable.com)
Cc: Veronica Chandler; Susan Brennan
Subject: Encroachment Agreement - Round Rock Express Subd. (R Bank)
While we were working on obtaining approvals from the various utilities for the encroachment agreement for a
monument sign to be constructed in the 50 ft PUE, 3 flag poles were constructed in the same easement, without the
City's knowledge or consent. The City would like to process the 3 flag poles with the R Bank monument sign in one
encroachment agreement.
I apologize for this inconvenience but the City of Round Rock's position is the act of having the contractor remove the 3
flag poles could damage a water line and/or a wastewater line located within the 50 ft PUE, so we would like to leave
the poles in place until the City or another utility needs them removed for the actual repair, maintenance or
construction of a new utility.
Please be advised that the language in the agreement protects the City and the other Utilities, and places all liability on
the property owner. An email from you confirming your company's approval to add the 3 flag poles into the monument
sign encroachment agreement will suffice.
Please review the attached and let me and Veronica know if you have any questions or concerns.
Thank&
(Diane Buck (Planner
City of Round Rock
Planning and Development Services Department
301 W. Bagdad Ave., Suite 210 I Round Rock, Texas 78664
(5 12) 341-3166 Direct 1 (512) 218-3286 Fax 1 (5 12) 218-5428 Front Desk I dhuck(ohoundrocktexas.gov
htto://www.roundrocktexas.gov/planning
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Confidentiality Notice: This email message, including any attachments, contains or may contain confidential
information intended only for the addressee. If you are not an intended recipient of this message, be advised that
any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is
strictly prohibited. If you have received this message in error, please notify the sender immediately by reply
message and delete this email message and any attachments from your system.
Confidentiality Notice: This email message, including any attachments, contains or may contain confidential
information intended only for the addressee. If you are not an intended recipient of this message, be advised that
any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is
strictly prohibited. If you have received this message in error, please notify the sender immediately by reply
message and delete this email message and any attachments from your system.
Diane Buck
From: Perez, Martin <Martin.Perez@atmosenergy.com,
Sent: Tuesday, November 25, 2014 3:43 PM
To: Diane Buck
Cc: Perez, Martin
Subject: RE: Encroachment Agreement - Round Rock Express Subd. (R Bank)
Atmos Energy has no objections to the 3 flag poles which were constructed in the 50 ft. P.U.E. in front of R Bank / Round
Rock Express Subd.
Thanks
Martin Perez
Project Specialist
Atmos Energy Corporation
512-415-8426
From: Diane Buck[mailto:dbuckColroundrocktexas.00v]
Sent: Friday, November 21, 2014 3:11 PM
To: WILLIAMS, DAVID A (dvv8132(c)attcom);'jesse.trevino@oncor.com'; Perez, Martin;'west-engineering-
relo@twcable.com'; Wratten, Scott(scott.wratterifttwcable.com)
Cc: Veronica Chandler; Susan Brennan
Subject: Encroachment Agreement - Round Rock Express Subd. (R Bank)
While we were working on obtaining approvals from the various utilities for the encroachment agreement for a
monument sign to be constructed in the 50 ft PUE, 3 flag poles were constructed in the same easement, without the
City's knowledge or consent. The City would like to process the 3 flag poles with the R Bank monument sign in one
encroachment agreement.
I apologize for this inconvenience but the City of Round Rock's position is the act of having the contractor remove the 3
flag poles could damage a water line and/or a wastewater line located within the 50 ft PUE, so we would like to leave
the poles in place until the City or another utility needs them removed for the actual repair, maintenance or
construction of a new utility.
Please be advised that the language in the agreement protects the City and the other Utilities, and places all liability on
the property owner. An email from you confirming your company's approval to add the 3 flag poles into the monument
sign encroachment agreement will suffice.
Please review the attached and let me and Veronica know if you have any questions or concerns.
Thanks,
Oil Buck rPlanner
City of Round Rock
Planning and Development Services Department
301 W. Bagdad Ave., Suite 210 1 Round Rock, Texas 78664
(512) 341-3166 Direct 1 (512) 218-3286 Fax 1 (512) 218-5428 Front Desk I dbuckProundrocktexas.eov
httD://www.roundrocktexas.eov/olannine
We value your feedback. Positive and critical assessments help us better serve our customers. Please take 5 minutes to comment
anonymously. Thanks!
Customer Service Survey: Now are we doing?
Development Review Survey: How are we doing?
Useful Links:
Development Process I GIS for Utilities, Zoning, etc. l City Code of Ordinances I Development Permits & APPlicationSI UtUfty
Impact Fee Schedule / Standard Detoilsl Design & Construction Standards (DACS)1Public Works DirectoryI Planning Directory
Development Permit Tracker
Veronica Chandler
From: Wratten, Scott ascottwratten@twcable.com>
Sent Monday, November 24, 20147 23 AM
To: Diane Buck; west -engineering -cad
Cc: Veronica Chandleo Susan Brennan
Subject: RE: Encroachment Agreement - Round Rock Express Surd. (R Bank)
TWC has no objections
Thanks,
Scott Wratten
Construction Coordinator
Time Warner Cable - Central Texas
12012 N. Mopac Expressway
Austin, TX 78758
Desk (512) 682-8507
Cell (512) 804-8399
scott.wratteni
Diane Buck
From: WILLIAMS, DAVID A <dw8132@att.com>
Sent: Monday, November 24, 2014 7:15 AM
To: Diane Buck
Cc: Veronica Chandler; Susan Brennan
Subject: RE: Encroachment Agreement - Round Rock Express Subd. (R Bank)
Attachments: doc03730720141121143418.pdf
I agree to this
Thank you,
David A. Williams
LEAD OSP PLNG & ENGRG DESIGN —AT&T
712 E. Huntland Dr. RM 229
Austin, TX 78752
5128704760
From; Diane Buck[mailto:dbuck(aroundrocktexas.gov]
Sent: Friday, November 21, 2014 3:11 PM
To: WILLIAMS, DAVID A; 'jesse.trevino@oncor.com'; Martin Perez (Martin.Perez(cbatmosenerov.com); 'west-engineering-
relo@twcable.com'; Wratten, Scott (scott.wratten@twcable.com)
Cc: Veronica Chandler; Susan Brennan
Subject: Encroachment Agreement - Round Rock Express Subd. (R Bank)
While we were working on obtaining approvals from the various utilities for the encroachment agreement for a
monument sign to be constructed in the 50 ft PUE, 3 flag poles were constructed in the same easement, without the
City's knowledge or consent. The City would like to process the 3 flag poles with the R Bank monument sign in one
encroachment agreement.
I apologize for this inconvenience but the City of Round Rock's position is the act of having the contractor remove the 3
flag poles could damage a water line and/or a wastewater line located within the 50 ft PUE, so we would like to leave
the poles in place until the City or another utility needs them removed for the actual repair, maintenance or
construction of a new utility.
Please be advised that the language in the agreement protects the City and the other Utilities, and places all liability on
the property owner. An email from you confirming your company's approval to add the 3 flag poles into the monument
sign encroachment agreement will suffice.
Please review the attached and let me and Veronica know if you have any questions or concerns.
2ltanks,
(Diane Buck (Planner
City of Round Rock
Planning and Development Services Department
301 W. Bagdad Ave., Suite 210 l Round Rock, Texas 78664
(512) 341-3166 Direct I (512) 218-3286 Fax 1 (512) 218-5428 Front Desk I dbuckProundrocktexas.gov
http://www.roundrocktexas. eov/olannine
We value your feedback. Positive and critical assessments help us better serve our customers. Please take 5 minutes to comment
anonymously. Thanks!
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Useful Links:
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Development Permit Tracker
Diane Buck
From:
Diane Buck
Sent;
Friday, November 21, 2014 3:11 PM
To:
WILLIAMS, DAVID A(dw8132@att.com);'jesse.trevino@oncor.com'; Martin Perez
(Manin.Perez@almosenergy.wm);'west-engineering-relo@twcable.wm'', Wratten, Scott
(scot( wratten@twcable.com)
Cc:
Veronica Chandler; Susan Brennan
Subject:
Encroachment Agreement - Round Rock Express Subd. (R Bank)
Attachments:
doc03730720141121143418.pdf
While we were working on obtaining approvals from the various utilities for the encroachment agreement for a
monument sign to be constructed in the 50 ft PILE, 3 flag poles were constructed in the same easement, without the
City's knowledge or consent. The City would like to process the 3 flag poles with the R Bank monument sign in one
encroachment agreement.
I apologize for this inconvenience but the City of Round Rock's position is the act of having the contractor remove the 3
flag poles could damage a water line and/or a wastewater line located within the 50 ft PUE, so we would like to leave
the poles in place until the City or another utility needs them removed for the actual repair, maintenance or
construction of a new utility.
Please be advised that the language in the agreement protects the City and the other Utilities, and places all liability on
the property owner. An email from you confirming your company's approval to add the 3 flag poles into the monument
sign encroachment agreement will suffice.
Please review the attached and let me and Veronica know if you have any questions or concerns.
gfiianks,
(Diane Buck Tfanner
City of Round Rock
Planning and Development Services Department
301 W. Bagdad Ave., Suite 210 1 Round Rock, Texas 78664
(512)341-3166 Direct I (512) 218-3286 Fax 1 (512) 218-5428 Front Desk I dbuck@roundrocktexas.eov
http;//www.roundrocktexas.gov/plannin
We value your)'eedback. Positive and critical assessments help us better serve our customers. Please take 5 minutes to comment
anonymously. Thanks!
Customer Service Survey: How are we doina7
Development Review Survey: How are we doing?
Useful Links:
Development Process/ GIS for Utilities, Zoning, etc. f City Code of Ordinances/ Development Permits & Applications Utility
Impact Fee Schedule f Standard Detoilsf Design & Construction Standards IDACSI fPublic Works Directory f Planning Directory f
Development Permit Tracker
Encroachment Agreement
Round Rock Express Subdivision Section 3, A Replat of the Remainder of Lot 6
Lot ED, Block C
3600 E. Palm Valley Blvd., Drive, Round Rock, TX 78665
1 4 f
Zl� i
SIGN LOCATIONAS
DETERMINED
CENTERED
BETWEEN THE
h
UNDFGROUND
LINES
14- 1 1
3 EA FLAGPOLES
J7