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CM-05-07-118Request for City Council/City Manager Action ® City Council v City Manager ubmfi completed form for all CityManager,and City Council approvals Department Name: Administration/Legal Contact Person: Christine Martinez/Sherri Monore Project Manager/Resource: Steve Sheets/Jim Nuse Project Coordinator: Sherri Monroe Assigned Attorney: Council or City Manager Agenda Date: Blue Sheet Wording Project Name: Waterline Easement Contractor/Vendor: Funding Source: Amount: Timberlane Investments, Inc. N/A N/A Consider authorizing the City Manager to execute a waterline easement from Timberlane Investments, Inc.; 0.107 acres Finance Information Is Funding Required? Yes No 0 Purchasing/Service Agreement Initial Construction Contract Construction Contract Amendment Change Order Change in Quantify Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. Agr. # QPurchase Order Item(s) to be purchased: Amount Other (Please clearly identify action on lines below) Finance Approval Finance Date 0 Finance Date Purchasing Date Budget Date For Submission to City Manager Only Project Mgr. Signature: Date: Dept. Director Signature: Date: City Attomey Signature*: Date: City Manager Signature: Date: * Legal Approval is required for all items requesting City Manager's approval. Updated 3-9-05 CITY MANAGER BLUE SHEET FORMAT - SAMPLE (Explanation of what is required in specific areas) PLEASE BE SURE ALL AREAS OF THIS FORM HAVE BEEN FILLED OUT. DATE: SUBJECT: ITEM: Current Date City Manager Approval Consider authorizing the City Manager to execute a waterline easement from Timberlane Investments, Inc.; 0.107 acres Department: Administration Staff Person: Jim Nuse, City Manager Steve Sheets, City Manager Justification: This item is for a waterline easement from Timberlane Investments, Inc. for 0.107 acres (4,655 sq ft) out of the Prior A. Holder Survey, Abstract No. 297 in Williamson County, Texas. Funding: Cost: N/A Source of funds: N/A Background Information: N/A Updated 3-10-05 Sheets & Crossfield, P.C. ATTORNEYS AT LAW 309 East Main Street • Round Rock, TX 78664-5246 phone 512-255-8877 • fax 512-255-8986 May 20, 2005 Mr. James Lassiter 2501 Partridge Court Round Rock, TX 78681 Via facsimile to 238-9095 Re: Waterline easement from Timberlane Investments, Inc. to City of Round Rock, Texas; 0.107 acres (4,665 square feet) out of the Prior A. Holder Survey, Abstract No. 297 in Williamson County, Texas Dear Mr. Lassiter: Enclosed is the referenced waterline easement for your review. You will recall our discussions relative to the previous history on this transaction. There is currently a waterline in the ground across your property, but no recorded easement for same. In an effort to remedy this, the City is now proposing the following as an interim solution: (1) The City requests that you execute the enclosed easement which tracks the current in - ground line. (2) The City recognizes that you thereafter have the option to require the waterline to be moved to a different location on the property which does not interfere with your previously -approved development of the Old Settlers Retail project, and the City agrees to do this if you so designate. (3) The City will record the easement you execute at this time, with the understanding that the City will vacate same and replace it with an easement you execute covering the new configuration, if any. Please feel free to call with questions or comments. If this agreement and the easement sent for your review meet your approval, please execute and return to the City Attorney's office for further handling. Thank you. SLS/jk Enclosures cc: Mr. Tom Nielson Mr. Chuck Carroll Sincer Sheets, City Attorney se, City Manage