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CM-04-07-009It jr7k tt Co. a 4A4- Project Manager/Resource: Don M. Rundell 94 Request for City Council/City Manager Action z Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for apprbJ a& Department: Contact Person: Project Name: ContractorNendor Amount: Water and Wastewater Utility Latha Kumar (Laura Flores - Backup) RELOCATION RAW WATER LINE SH 29 & CR 265 NSJS Limited Partnership Name: c/o James Bonnett, Managing Partner $18,672.00 1s Funding Required? Council Agenda Item Submission to City Manager - Yes Yes Yes X X No No No X Council Meeting Date: N/A Funding Source: Capital Project Funds (Self -Financed Utility) Assigned Attorney: Steve Sheet (contract, agreement,amendment,change order, purchase order,etc.) (see required signatures below before submission to the City Manager) Comment: Agenda Wording: ❑ Initial Construction Contract ❑ Construction Contract Amendment ❑ Change Order =Change in Quantity =Unforeseen Circumstances ❑ Initial Professional Services Agreement ❑ Supplemental Professional Svcs. Agr. ❑ Purchasing/Service Agreement ❑ Purchase Order Item(s) to be purchased: X❑ LAIAA, Amount Other (Please dearly identify action on lines below) WATER LINE EASEMENT - PURCHASE FOR NEW 42" RAW WATER LINE AT SH 29 & CR 265 This is one of several easements and some right-of-way that will be purchased with this project The current budgeted amount for Legal, Easements and Right-of-way is $550,000.00. $18,672 Consider a resolution authorizing payment of $18,672.00 to the NSJS Limited Partnership, Mr. James Bonnett, Managing Partner for a 20' Waterline Easement to allow for the Relocation of 30" Raw Water Line at S.H. 29 & C.R. 265. For Submission to Cit Man -r ! 1, Project Mgr. Signature: �I Dept. Director Signature: ; /' {3,/ City Attorney Signature: " 0 +i City Manager Signature: Finance Approval IJ Date: 7 Date: iv 7.4,0 Date: 7 — Date: 7 -4:5D --Of Le • :I Approval is required for all items requesting City Manager's approval. Finance -Date and Signature: 07-28-04 L. Olsen Purchasing -Date and Signature: g/adminisbation/cmgr-council action.xls 7-14-04 DATE: July 22, 2004 SUBJECT: City Managers Approval ITEM: Consider a resolution authorizing payment of $18,672.00 to the NSJS Limited Partnership, Mr. James Bonnett, Managing Partner for a 20' Waterline Easement to allow for the Relocation of 30" Raw Water Line at S.H. 29 & C.R. 265. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director of Utilities Justification: NSJS Limited Partnership, c/o Mr. James Bonnett, have agreed to grant the City of Round Rock, a 20 -foot Water Line Easement for the construction of a 42" Raw Water Line, across their property. They have agreed to $18,672.00 for the granting of said easement. This amount includes $2,500.00 compensation for the removal of five (5) Live Oak Trees, being ten (10) inches in diameter or greater. Also, the $16,172.00 remaining represents fifty (50) percent of the appraised valve of the property. Funding: Cost: $18,672 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: City of Georgetown Background Information: To maintain adequate raw water flow to our WTP. TxDOT's proposed improvements to SH 29 will not allow the City's existing raw water line to remain within their right-of-way. Final Design Engineering Services for a new 42" raw water line to replace the existing 30" raw water line in the SH 29 right- of-way are underway. Public Comment: N/A MEMORANDUM TO: Jim Nuse, P.E., City Manager CC: Tom Clark, Tom Word, Steve Sheets and Lynn Olsen FROM: Don Rundell, P.E., Chief Utility Engineer DATE: July 29, 2004 PROJECT: Relocation of Raw Water Line at S.H. 29 & C. R. 265 SUBJECT: Compensation for a 20 -foot Water Line Easement Please find attached the "Request for Finance Approval" form your approval of a $18,672.00 expenditure to NSJS Limited Partnership, c/o Mr. James Bonnett for the granting of a 20 -foot Water Line Easement for the construction of a 42" Raw Water Line, across his property. This cost include $2,500.00 compensation for the removal of five (5) Live Oak Tree, being ten (10) inches in diameter and greater. Also, the $16,172.00 remaining represent fifty (50) percent of the appraised valve of the property. Steve Sheet and myself have reviewed the easement documents, which we're prepared by the City of Georgetown on our behalf and approve them in all respects. Also, Steve has signed the said easement, as Approved as to Form. If at all possible 1 need to get the check by August 13, 2004, so I can get it to Georgetown for delivery to Mr. James Bonnett. If you have any question please give me a call at 218-5554. Sincerely, Don M. Rundell, P.E. D:41AA MY DOCUMENTS\AA FINANCE APPROVAL MEMOS\R`JW 29 & 265 ESMT 07-29-04 NSJS.doc CITY Uv Georgetown Don Rundell, P.E. Chief Utility Engineer City of Round Rock Public Works Dept. 2008 Enterprise Round Rock, Texas 78664 July 20, 2004 RE: Relocation of Round Rock 30" raw waterline along SH 29 — NSJS LP Easement Dear Don: Enclosed is the original easement and IRS W-9 form, both of which -have been signed by James Bonnett on behalf of NSJS LP, as well as a copy of the signed letter agreement. As mentioned in my July 19 email, please have the easement approved as to form by Stephan Sheets and retum to me for recording along with.a check in the amount of $18,672.00 made payable to NSJS LP, as we have agreed to provide him a check by August 2, 2004. I will deliver the cheek to Mr. Bonnett upon receipt. The original easement will be returned to Stephan Sheets after recording. Also, please note the terms of the agreement` and incorporate them into the construction plans. I understand Charlie Crossfield has drafted an interlocal with Williamson County for the- easement heeasement Round Rock needs in the existing CR 265 right-of-way and we .are still working with Iva Wolf McLachlan for the remaining easement. I will keep you informed of our progress. Sincerely, . . Terri Glasby Calhoun Paralegal Georgetown Utility Systems Encls. GEORGETOWN UTILITY SYSTEMS • 300 INDUSTRIAL AVENUE • GEORGETOWN, TEXAS 78626 • 512/930-3558 • FAX: 512/930-3559 CITY OF ROUND ROCK, TEXAS ACCOUNTS PAYABLE 221 East Main Street, Round Rock, Texas 78664 Pursuant to Internal Revenue Service Regulations, we ask that you furnish the City of Round Rock with your Taxpayer Identification Number (TIN). If this number is not provided, IRS regulations require us to subject you to a 20% withholding on each payment. To avoid this withholding and to ensure that accurate tax information is reported to the Internal Revenue Service, we would appreciate your cooperation in providing us with the information requested below. Please contact the City of Round Rock Accounts Payable Division at (512) 218- 5434 if you have any questions or problems with this request. Thank -you for your assistance in this matter. BUSINESS ENTITY: (please check only one) _Individual Y Partnership _Estate/Trust Corporation Governmental/Non-profit Sole Proprietorship Public Service Corporation Other: Individual: list name as shown on your social security card and your social security number. Sole Proprietorship: list owner's legal name followed by the legal business name and list the. owner's social security number. All others: list the legal name of your corporation, partnership, organization, or other legal entity and list your Employer Identification Number. LEGAL BUSINESS NAME: ADDRESS: /Us Ts hi,,) c/ �a r-�nierSh:� Tao% 4✓6,3r..1 LJAco 767/0 9 DIGIT TAXPAYER IDENTIFICATION (TIN): Social Security Number: Federal Employer Identification Number: J 7- Z. a/ g19‘ UNDER PENALTIES OF PERJURY, AND TOTHEBEST OF MY KNOWLEDGE AND BELIEF, I DECLARE THAT THIS FORM HAS BEEN COMPLETED FULLY AND ACCURATELY. \./ e C-5 730Nry c-.th- Name (Print or Type) Sign ture A4449 J N(3 ?Av2Lt4r A).S,TS 4-kk Title (Print or Type) o91 ?53 ?V9-89?7 D.te ,Telephone_ Number ASSIGNED VENDOR #: ASSIGNED BY: Revised 01/14/04 W-9 FORM GeorgCRY or - etown FILE COPY July 15, 2004 - FAX 254-776-6329 & First Class Mail NSJS, LP - c/o James Bonnett - 1207 N. 63ra Waco, Texas 76710 RE: Proposed acquisition of a 0.135 -acre water line easement out of a 2.12 acre tract of land in the Joseph P. Pulsifer Survey, A-498, being a portion of a 7.418 acre tract described in a deed recorded at Document No. 199984627, Official Records, Williamson County, Texas . Dear Mr. Barnett:- • Thank you for your July 12, 2004 response to the City of Georgetown's June 14, 2004 offerto purchase the above-described easement on behalf of the City of Round Rock for the _relocation of its existing 30" rawwater supply line on the, north side of. SH 29 West in Georgetown. After serious consideration, the City of Round Rock ("Round Rock")- has declined your counter-offer of $32,344.00 or $5.50/square foot for the subject easement, as it represents the appraised value of fee simple acquisition of an adjacent tract of land, specifically Parcel 2, owned by NSJS, LP. Easements are generally valued at a percentage of the fee estate depending on the.natnre and location of the easement. Accordingly, it is Round Rock's opinion that 50% of the established fee simple value of a similarly situated tract is a reasonable offer for the -subject " easement Therefore, the City's cash offer for the purchase of the above easement remains, at $16,172-00. - Since it is out of the scope of Round Rock's project or authority, Round Rock has declined to reimburse the City of Georgetown for any impact that the removal of trees may have on your property in the event of future development. However, since trees will .need to be removed from the easement area, Round Rock has agreed to pay you $500.00 per hardwood tree removed measuring 10" in diameter, up to a maximum of five (5) trees, or $2,500.00. I will be happyto arrange an on-site meeting with you and Round Rock's. engineer to identify the trees that will need to be removed. The City of Georgetown_, is open to further discussions .with you concerning the possibility of providing wastewater service, as well as access to your property, inthe future. However, it is unwilling to commit to additional utility infrastructure improvements or location of access points as consideration for Round Rock's easement. GEORGETOWN. UTILITY SYSTEMS • 300 INDUSTRIAL AVENUE • GEORDET0WN, TEXAS 7E1626 • 512/930-3552 • FAX: 512/930-3559 NSJS LP c% James Bonnett July 15, 2004 Page 2 of 2 • Getting this project completed as quickly as possible. is in all the parties' best interest. If this offer is acceptable, please indicate soby signing this letter below, as well as the enclosed easement and IRS Form W-9, and return all documents to me as soon as possible.. Pleasenote thatthe easement needs to be signed before a notary public and the W-9 form needs 'to be filled' out completely in order for payment to be made. A check lathe amount of $18,672.00 will be issued by the City of Round Rock and sent to you within fifteen (15) days of my receipt of the executed documents. Please give me a call at 512-930-2575. if you have questions. I look forward to hearing from you,soon. • Encls. Terri Glasby Calhoun Paralegal Georgetown Utility Systems cc: Don Rundell, P.E., City of Round Rock (via email-drundell@round-rock.tz.us. w/o enols.) Allen Woelke; P.E., Camp, Dresser &McKee (via email Woe&keAD(u,edmcom w/o enols.) William T. Reynolds, P.E., Camp-, Dresser & McKee (via email ReynoldsWT@cdntcom wfo enols.) ACCEPTED AND AGREED TO this if day of Jw - , 2004. - NSJS, L.P. By: Printed Name: Title: WATER LINE EASEMENT and TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY QF WILLIAMSON That NSJS LIMITED PARTNERSHIP, a Texas limited partnership ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right- of-way and a temporary construction easement adjacent thereto to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water distribution system and waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto (the "Facilities"), in, upon, over, under, above and across the following described property: See Exhibit "A" attached hereto and made a part hereof, describing a waterline easement consisting of a 0.135 acre tract of land situated in the Joseph Pulsifer Survey, Abstract No. 498, Williamson County, Texas, and a 30 -foot temporary construction easement adjacent thereto, across a portion of a 7.418 acre tract of land as conveyed by instrument to NSJS Limited Partnership and recorded in Document No. 199984627 of the Official Records of said county; said 0.135 acre easement tract and said 30 -foot temporary construction easement being coincident with and southerly of an existing 20 -foot waterline easement as recorded in Volume 2550, Page 936 of said county records; said 0.135 acre easement tract being more particularly described by metes and bounds as indicated; and See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such waterline easement and such temporary construction easement. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the waterline easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years. The temporary construction easement granted herein shall be in effect from the date construction begins on the project for which the 0.135 acre waterline easement is hereby granted and shall expire upon completion of said waterline, but not later than April 1, 2005. The easement(s), rights and privileges granted herein are non-exclusive, and Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement(s) over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the easement(s) by any public highway or road now crossing or hereafter crossing the property; (b) the right to mark the location of the easement(s) by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement(s). Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement(s); (b) Grantee shall promptly backfill any trench made by it on the easement(s) and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage that shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement(s) for any and all purposes which do not unreasonably interfere with and prevent the use by Grantee of the easement(s) for their intended purpose, including the right to build and use the surface of the easement(s) for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement(s) any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement(s), or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement(s); provided, however, that Grantee shall restore the property, as reasonably as possible, to its condition immediately prior to any excavation of the property for purposes of Grantee's maintenance or repair of the Facilities. Grantor hereby dedicates the perpetual easement as a public utility waterline easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above- described public utility waterline easement and temporary construction easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this / 7 day of , 2004. TIIE STATE OF TEXAS COUNTY OF WILLIAMSON GRANTOR: NSJS Limited Partnership, a Texas limited partnership By: Name: 41-4-14,1 At fro .Y.s- Title: „ ,4 -93271r ACKNOWLEDGMENT This instrument was acknowled?ed before me on this the day of NT 2004, by Z ne,5 ebota,(A t , VtWwG ( #Rer of NSJ Limited Partnership, a Texas limited partnership, on behalf of saiddartnership for the purposes and consideration and in the capacity therein expressed. gro TERES0. GL ASBY CALHOU Notary Public State of Texas 'f v mmiasion apirea ardi 15, 2006 APPROVED AS TO FORM: Stephan . Sheets, Sheets & Crossfield, P.C. Round Rock City Attorney After recording please return to: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notary Public, State of Texas PARCEL: 2 COUNTY: WILLIAMSON OWNER: NSJS LIMITED PARTNERSHIP EXHIBITA PROPERTY DESCRIPTION DESCRIPTION OF A 0.135 ACRE TRACT OF LAND SITUATED IN THE JOSEPH PULSIFER SURVEY, ABSTRACT NO. 498, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 7.418 ACRE TRACT OF LAND AS CONVEYED BY INSTRUMENT TO NSJS LIMITED PARTNERSHIP AND RECORDED IN DOCUMENT NO. 199984627 OF THE OFFICIAL PUBLIC RECORDS QF WILLIAMSON COUNTY, TEXAS, SAID 0.135 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a calculated point in the easterly boundary line of a 2.00 acre tract of land conveyed to Rickey Lane Peterson by instrument recorded in Document No. 9804192 of said Official Records and in the westerly boundary line of said 7.418 -acre being the southwesterly comer and POINT OF BEGINNING hereof and from which a W iron rod found in the northerly right-of-way line of State Highway 29 being the southwesterly comer of said 7.418 -acre tract and the southeasterly comer of said 2.00 -acre tract bears S 21°44'27" E a distance of 259.36 feet; 1. THENCE with the common boundary line of said 2.00 -acre tract and 7.418 -acre tract N 21°44'27" W for a distance of 20.01 feet to a calculated point tieing the southwesterly comer of an existing easement recorded in Volume 2550, Page 936 of said Official Records for the northwesterly comer hereof and from which a P -K nail found being the northwesterly comer of said existing easement bears N 21°44'27" W a distance of 20.01 feet; THENCE with the southerly tine of said existing easement and through the interior of said 7.418 -acre tract the following (4) courses numbered 2 through 5: 2. N 66°37'03" E for a distance of 321 feet to a calculated point; 3. N 75°15'08" E for a distance of 17.69 feet to a calculated point; 4. N 74°59'46" E at a distance of 269.15 feet pass the southeasterly comer of said existing easement and continuing for a total distance of 271.24 feet to a calculated point; 5. N 29°59'46" E for a distance of 2.03 feet to a calculated point in the westerly right-of- way line of River Chase Boulevard as per Final Plat of the River Chase Subdivision, recorded in Cabinet Q, Slide 186-191 of the Plat Records of Williamson County, Texas, also being in the easterly boundary line of said 7.418 -acre tract for the northeasterly comer hereof and from which a1/2" iron rod found in said right-of-way line of River Chase Boulevard and the easterly boundary line of Lot 16, Block D of said subdivision bears N 22°11'39" W a distance of 56.56 feet; PARCEL: 2 COUNTY: WILLIAMSON OWNER: NSJS LIMITED PARTNERSHIP Page 2 of 3 6. THENCE with said River Chase Boulevard right-of-way line and the easterly boundary line of said 7.418 -acre tract S 22°11"39" E for a distance of 21.61' feet to a calculated point for the southeasterly comer hereof; THENCE departing said River Chase Boulevard right-of-way line and through the interior of said 7.418 -acre tract the following (3) courses numbered 7 through 9: 7. S 74°59"46" W for a distance of 275.43 feet to a calculated point; 8. S 75°15'08" W for a distance of 16.22 feet to a calculated point; 9. S 66°37'03" W for a distance of 2.77 feet the POINT OF BEGINNING and containing 0.135 acre of land, more or less. NOTE: This easement is accompanied by a temporary construction easement being 30 feet wide, southerly of, and coincident with courses numbered 7 through 9 stated herein. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above •description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a. survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. AAnckg.. m. Stephen lfruesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 206 West Main Street Suite 107 Round Rock, TX 78664 512-238-1200 BONNET WL ESMT.DOC SKETCH TO ACCOMPANY DESCRIPTION LEGEND CALCULATED POINT • 1/2" IRON ROD FOUND UNLESS NOTED OTHEWISE 0 1/2" IRON ROD WITH CAP SET LINE BREAK PK NAIL FOUND -'—"— - APPROXIMATE SURVEY LINE PROPERTY LINE B.F.R. BEGIN FOR REFERENCE P.O.B. POINT OF BEGINNING 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS W N NUMBER DIRECTION DISTANCE LI N 21°44'27" W 20.01' L2 N 66°37'03" E 3.71' L3 N 75°15'08" E 17.69' L4 S 22°11'39" E 21.61' L5 S 75°15'08" W 16.22' L6 S 66°37'03" W 2.77' - L7 N 21°44'27" W 20.01' L8 N 29°59'46" E 2.03' JpSEABSTRACTENo. 49 8SURVEY RIVER CHASE SUBDIVISION LOT 16 CAB. 0, SLD. 186-191 SCALES" = 50' G WpTER�1tdPAGE. 9-36 F_ASEMENC 20' E V\ OLUME 2550 �f E Zi424 SEMEN] 0.\35 ACRES 20 W PS ER��NE E A " W 2� 5 q3 S L5 L6 U1 � N w .r Z Z Q o U O cn a m >- w o Y ~ O U w N a � O 0 -4 P.O.R. Page 3 of 3 30' TEMPORARY CONSTRUCTION EASEMEN NSJS LIMITED PARTNERSHIP 7.418 ACRES DOC. NO. 199984627 S. H29 100' ROW Q 9 NOTES: L BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83. CENTRAL ZONE USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013. 2.THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHQ'P/N HEREON. M. STEPHE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR UESDALE+ 6 INLAND CIVIL° ASSOCIATES V PROFESSIONAL LAND SURVEYORS 205W. MAIN ST. ROUND ROCK, TX 78664 P11. (512)238-1200, FAX (512) 238-1251 PARCEL 2 PERMANENT a TEMPORARY CONSTRUCTION EASEMENT NSJS LIMITED PARNERSHIP 0.135 ACRE