CM-04-09-030rLl� t o^
IA ••- .t
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department:
Contact Person:
Project Name:
ContractorNendor Name:
Amount:
Legal
Steve Sheets
Hwy 79; HEB Grocery
Project Manager/Resource:
Council Meeting Date:
Funding Source:
Assigned Attorney:
Steve Sheets
(contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Submission to City Manager - Yes
Yes n No n
Yes No n
X
No
(see required signatures below before submission to the City Manager)
❑ Initial Construction Contract
Construction Contract Amendment
• Change Order
n Change in Quantity
J Unforeseen Circumstances
ElInitial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
Amount
▪ Other (Please clearly identify action on lines below
Agenda Wording: Consider a resolution authorizing the City Manager to sign an Agreement Regarding
Right -Of -Way Acquisition.
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: •Iim' 1 Date:
City Attorney Signature: * r - ��:irp Date:
City Manager Signature: Date:
* Legal Approval is required for all items requesting City Manager's approval.
Finance Approval J Finance -Date and Signature:
▪ Purchasing -Date and Signature:
gladministratlonlcmgr-council action.xls 7-14-04
DATE:
SUBJECT:
ITEM:
BLUE SHEET FORMAT
August 30, 2004
City Manager Approval - September 2, 2004
Consider a resolution authorizing the City Manager to sign
an Agreement Regarding Right -of -Way Acquisition
between the City of Round Rock and HEB Grocery
Company, LP.
Department: Legal
Staff Person: Steve Sheets
Justification: This Agreement provides for HEB to participate in the cost
of acquiring a drainage easement across the Baack
property.
Funding:
Cost: This Agreement is at no cost to the City.
Source of funds:
Outside Resources:
Background Information:
Public Comment:
Blue Sheet Format
Updated 01/20/04
AGREEMENT REGARDING RIGHT-OF-WAY ACQUISITION
This Agre lent ' e a ding Right -of -Way Acquisition (this "Agreement") is
entered into as of �,' , 2004, by HEB GROCERY COMPANY, LP, a Texas
limited partnership (` HEB") and the CITY OF ROUND ROCK, TEXAS, a Texas
municipal corporation (the "City").
RECITALS
A. By Ordinance No. Z -02-02-09-15D6, recorded as Document Number
2002037040 in the Official Public Records of Williamson County, Texas, the City
approved an approximately 102.077 -acre planned unit development called the Johnson
Tract Planned Unit Development No. 53 (the "PUD").
B. The land subject to the PUD consists of an approximately 35.2 -acre
commercial tract called Parcel 1 in the PUD (the "Commercial Tract"), an approximately
29.6 -acre multifamily tract called Parcel 2 in the PUD (the "Multifamily Tract"), and an
approximately 37.2 -acre single family tract called Parcel 3 in the PUD (the "Single
Family Tract").
C. As of the date of this Agreement, HEB owns the Commercial Tract and the
Multifamily Tract, and previously conveyed the Single Family Tract to KB Home Lone
Star, LP, a Texas limited partnership.
D. Stormwater flow currently drains off of the PUD property at the southeast
corner of the Commercial Tract through culverts running under US 79 (the "Culverts").
Pursuant to the PUD, HEB and the City agreed that ultimately only the Commercial Tract
would continue to drain through the Culverts, while the Multifamily Tract and the Single
Family Tract would be graded to drain into a new channel ultimately draining out of a
new culvert to be located under US 79 at the southwest corner of the Commercial Tract
(the "Western Outfall"). The PUD provides that the Western Outfall "and any additional
offsite drainage improvements which are necessary to convey downstream through such
new culverts the fully developed flows from the Property and the upstream watershed"
will be built by the City "at no cost to the Owner".
E. Development activity on the PUD property is imminent but the Western
Outfall is not yet available, in part because the City must acquire right-of-way on the
south side of US 79 for offsite drainage improvements that are necessary in connection
with the Western Outfall (the "Right -of -Way"). Although acquisition of the right-of-way
is the responsibility of the City, in order to expedite completion of the western outfall,
HEB is willing to contribute to the acquisition of the Right -of -Way on the conditions set
out herein.
HEB.,SCM\NWC 79&1460\Lr Agr with CORR re drainage.doc
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
HEB and the City agree as follows:
AGREEMENT
1. Right -of -Way Acquisition. Immediately following the effective date of this
Agreement, the City will commence completion of the acquisition of the Right -of -Way.
2. Construction of the Western Outfall. Immediately following its acquisition of
the Right -of -Way, the City will commence and diligently pursue completion of the
Western Outfall.
3. Partial Cost Reimbursement. If, but only if, (i) the Western Outfall is
constructed and approved for use by March 1, 2005, and (ii) the City has paid in full all
contractors (as evidenced by lien releases) HEB will promptly reimburse the City the sum
of $20,000.00 towards the City's cost of acquisition of the Right -of -Way.
4. Temporary Drainage. Until such time as the Western Outfall is constructed
and approved, both the Multifamily Tract and the Single Family Tract may drain to the
Culverts. The Commercial Tract may also drain to the Culverts, which is the ultimate
permanent destination for the stormwater drainage from the Commercial Tract.
5. Notice. Any notice required or otherwise to be given hereunder shall be
delivered by certified mail, return receipt requested, or by facsimile transmission (with
delivery confirmation) to the parties as follows:
If to the City:
Thomas E. Word, Jr., P.E.
Chief of Public Works Operations
City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664
Fax: (512) 218-5563
With a copy to:
Stephan L. Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664
Fax: (512) 255-8986
HEB.SCM\NWC 79&1460\Lr Agr with CORR re drainage.doc
If to HEB:
Eric Moede
HEB Grocery Company
646 S. Main Street
San Antonio, Texas 78204
Fax: (210) 938-7788
With a copy to:
Steven C. Metcalfe
Drenner Stuart Wolff Metcalfe von Kreisler, LLP
301 Congress Avenue, Suite 1200
Austin, Texas 78701
Fax: (512) 404-2244
6. Miscellaneous.
a. Modification. No modification of this Agreement shall be effective
unless in writing and signed by both parties.
b. Applicable Law. This Agreement is to be construed under Texas law.
c. Binding Effect. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective heirs, legal representatives, successors
and permitted assigns.
d. Time of Essence. Time is of the essence of this Agreement.
e. Counterparts. This Agreement may be executed in any number of
counterparts, all of which are identical, and all of which counterparts together shall
constitute one and the same instrument.
Executed to be effective as of the date stated above.
CITY:
CITY OF ROUND ROCK, TEXAS,
a Texas municipal corporation
By:
Name: es R. Nuse, P.E.
Title: Manager
HEB.SCM\NWC 79&1460\Lr Agr with CORR re drainage.doc
HEB:
HEB Grocery Company, LP,
a Texas li *ted partnership
By:
t Nam:-irdd A. Piland
Title: Senior Vice President
HEB.SCM\NWC 79&1460Ua Agr with CORR re drainage.doc