CM-05-09-165REM E 1 5 2005
Request for City Council/City Manager Action
City Council City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Engineering and Developmental Services Project Name: N/A
Latha Kumar/Laura Flores
Project Manager/Resource: Alysha Girard
Project Coordinator:
Assigned Attorney: J.Kay Gayle
Blue Sheet Wording
September 16, 2005
For Administration Use ONLY
Tag #: ern •o 41 U 5
Documents:
Scan Date:
Return to:
Ric Bowden
ContractorNendor: N/A
Funding Source: N/A
Amount: N/A
Consider an action by the City Manager to execute a Letter of Agreement regarding encroachment by ProLogis on Parker Drive Easement.
Finance Information
Is Funding Required?
Finance Approval
Finance
®Finance
❑Purchasing
Budget
Ell Yes No
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:
Amount
Other (Please clearly identify action on lines below)
n/a L. Olsen
N/A E. Wilson
N/A cyd
Date 9/14/2005
Date 9/14/2005
Date
Date 9/14/2005
CSl�Y1l`
inn
itv Maria ibr,Actic�ri
Project Mgr Signature:
City Manager Signature:
fC
Date:
Date:
Date:
Date:
G1 tr+L'I, TdLa_tteM
Updated 6-9-05
Request for City Council/City Manager Action
City Council 0 City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Engineering and Developmental Services Project Name: WA
Latha Kumar/Laura Flores
Project Manager/Resource: Alysha Girard
Project Coordinator:
Assigned Attorney: J.Kay Gayle
Blue Sheet Wording
September 16, 2005
For Administration Use ONLY
Tag #:
Documents:
Scan Date:
Retum to:
Ric Bowden
ContractorNendor: N/A
Funding Source: N/A
Amount: N/A
Consider an action by the City Manager to execute a Letter of Agreement regarding encroachment by ProLogis on Parker Drive Easement.
Finance Information
Is Funding Required? Yes 0 No
Finance Approval
❑ Finance
ElFinance
❑ Purchasing
El Budget
to
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:
Amount
Other (Please clearly identify action on lines below)
Date
Date
Date
Date
oiinei",ei`a r ahaq vtli"kms
�- Date:
P1-6: Date:
Date:
Date:
City Manager Signature:
Updated 6-9-05
DATE:
SUBJECT:
ITEM:
Department:
Staff Person:
Justification:
September 12, 2005
City Manager Action Item — September 16, 2005
Consider an action by the City Manager to execute a
Letter of Agreement regarding encroachment by
ProLogis on Parker Drive Easement.
EDS/Legal
Alysha Girard, Development Services Manager
J. Kay Gayle, Attorney
This agreement establishes the terms and conditions to allow for newly
constructed structure to encroach a utility easement.
Funding: N/A
Cost: N/A ($350 in legal fees for agreement)
Source of funds: Developer is paying $350 to cover legal fees.
Outside Resources: N/A
Background Information:
The developer desires to construct a covered walkway between two
buildings. The walkway will traverse a City owned waterline and easement.
This agreement requires the developer to install an isolation valve,
establishes criteria and schedule for the removal of the structure as needed,
and requires the developer .to pay the legal costs associated with drafting
and processing the agreement.
Public Comment: N/A
LETTER OF AGREEMENT
REGARDING ENCROACHMENT BY PROLOGIS
ROUND ROCK, TEXAS ON EASEMENT BELONGING TO CITY OF ROUND ROCK
PURPvsE. PASSIO . PROSPERrf1:
This Letter of Agreement (LOA) is made and entered into
between ProLogis, whose address is 2310 LBJ Freeway, Suite 200, Dallas, Texas 75234, and the
City of Round Rock, Texas, 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. City and ProLogis agree as follows:
A. City is the record holder of the waterline easement described in Exhibit "A" attached
hereto and made a part hereof for all appropriate purposes.
B ProLogis has requested that City allow an encroachment on or over a portion of such
easement, with the encroachment being in the nature of an enclosed walkway which
is described in Exhibit "B" attached hereto and made a part hereof for all appropriate
purposes.
C. By execution of this LOA, City grants its permission for ProLogis to place such
encroachment on or over a portion of the easement strictly subject to the following
conditions:
00089888/jkg
(1) The encroaching structure may be constructed and located only as
depicted on the attached Exhibit "B";
(2) Construction of the encroaching structure shall be subject to any and all
relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
Prior to actual construction of the encroaching structure, ProLogis shall
install or cause to be installed an isolation valve on the existing
waterline in a location acceptable to City;
(4) Construction, placement, use, maintenance, repair and removal of the
encroaching structure shall be solely at the risk and liability of
ProLogis, and not at the risk and liability of City in any manner
whatsoever;
(3)
(5)
The permission of City in allowing such encroachment shall be strictly
limited to this particular request, and shall not ever be construed as
establishing any precedent whatsoever;
(6) The parties expressly agree that City has full authority in an emergency
to remove or permit to be removed, in whole or part, the encroaching
Cwt -os " a�_1
(7)
(8)
(9)
structure, and such removal shall be allowed without notice to ProLogis
and without any obligation whatsoever on the part of City to replace or
repair any part or the whole of the encroaching structure;
In a non -emergency situation, ProLogis agrees to be solely responsible
for removal of the encroaching structure to City's satisfaction, and such
removal shall be completed by ProLogis within forty-eight (48) hours
of actual notice to ProLogis of City's directive to remove same. The
parties expressly agree that, in the event ProLogis fails to remove the
encroaching structure to City's satisfaction following notice, then and
in that event City may cause the encroaching structure to be removed at
the expense of ProLogis;
The parties expressly agree that City shall never be responsible in any
manner whatsoever for damage caused to the encroaching structure
related to City's operation or maintenance of the waterline contained
within the easement;
ProLogis shall indemnify and hold 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 City. Nothing herein shall be deemed to limit the rights
(including but not limited to the right to seek contribution) of City or
ProLogis against any third party who may be liable for an indemnified
claim. The parties agree that in no event shall City be liable to
ProLogis 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 ProLogis, 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
(10) Relative to any subsequent purchaser of the encroaching structure,
ProLogis expressly agrees to adequately inform any such purchaser of
this LOA and provide a copy of same.
By execution below by the respective appropriate authorities of ProLogis and the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this agreement.
AT EST:
ProLogis
By:
J.K
Date Si
Vice President
City of Round Rock, Texas
By:
J. R. Nuse, P. ., City Manager
Date Signed: a r (p - O S
4-54. City Secret1,10
ary, City of Round Rock
orney, City of Round Rock
THE STATE OF TEXAS
COUNTY OF DcL l l ct s
ACKNOWLEDGMENT
This instrument was acknowledged before me on this 9 day of , 2005,
by J. Keith Porter, Vice President of ProLogis, in the capacity and for the purposes and
consideration therein indicated.
e 6-t
Notary Public in and for the State of Texas
i''s CAROL M. DENTON
*: "= MY COMMISSION EXPIRES
; May 4, 2009
6
i
.,•.�....+.,....�.:.iw.n:nu,.,a«-n.6w•F:.,w.,K +.4.rii+�w..w�SF:.eatr'�uwrw.,n<.isw[.4th+Twn,k„Swrr+Wnir+rM«iyw+...H,,,#eesyn 7.�y.p,i +::ri,.„.,.,p..siw n ,..t
.wpwaPw uw. ,tw w.inYwiWalWd.+w.+'y✓y'ra+a...wa.+di+
STATE'of
CUUNIY OF THE: STATE OF TE?'fA,S
._
THAT, Prologis Trust, doling hotel,, by mrd through Jack Rirso, Senior Vice President, 1, Dana Uef.ksnuvoir, Clerk of Trovin C:aunty, Tuxes do hemby eerf.ity that the ..
owner of a 20.372 acro tract of land conveyed to if fw instrument foregoing in of writing ajpd rt3 cortificgla or Uuther+lic.artlnn, Was filed e,fpE "f
rarorded In Voiumn 12295, page 331 of thr. Official Reoordv d1 Williamson County, Texan record ill ,9 effico on the. r{( day of� /,.djY A.D_ 2ot)0, A.D., nC
u.anrk-,,y? M.
does hereby state that three aro no Ilan holders of the 2O.,i 12 acro tract and dna,, hontby and duly raanrded nn the �� rtay of iR``elrpv An., 7000, A.l7.,at
",,,•,�arinck M. r
.plot said 20.372.acro truck as shown hereon to be known as NROLOCIS SUDotVISION" Plat Records tri`-,,'tli+9^t".q. "fi ,.0 » dra-„ Nnok^^�•-"'"""»^•^^"P �)._-��r��,���r-
t, �""
and does hereby iodinate to the public use forever of the :streets, onsernehts and rrt�c� ,�'� ..a---•-- a
a all other lands Intended for public dedication us shown hereon. ;, t~ '„
WITNESS gx HAND AND SE'AI- of office of the County Clark, the. ..__ day of
------ 'f.E,.;?'l. '_._._._ ._ 2000, A.D.
Dana Det)r.auvoir, County Clerk -:
. WITNESS
0AIrl,
e. Travln County, Texas
af. Lsf.� 7_000, A.D.
• -WeVice Pf efinlelit
ly
roloyis frust dF ,,ep,y f
14400 East,55i:h Place R
Aurora: Co. 80011�r°°
s STATE of
.� COUNfy OF
This instrury�ent v4j.acknowledged before me on thr_.l� toy o(-__C1't.e�l {1.
2(1(x1, by S�0Srg,-t�-. j '.2_,, on behalf of eaid Fmlogis Trrwt.
.. No{ory I'abA��'�tuM
Printed
I Ady Con+miasion Expires;___.Fr
Approved this
it_ day of_ 1�„__ atxJU A.U.,by the City Rlunning and Zvninq
Coincrunian of the City of Round Rork,Texas,and authurieed to bn bind far record by
i the County Clark of Williafrnvn Cnwity,-rnxvn.
! Al aaik,Chairman F'muk IL Dill Castilla C&I'missiou Secretary
RASSEO AND APPROVED,ori the day of :��,_..__ 2000 A.D. -
CA
Rv "A :0uka,Jr Mny -. T:
City of Rvund Rack, r-W )o ne I and City Secretary
City of Rcund Rock,Texos
TIIE STAR:OF 11"XAS
COUNrY OF WIMAM5ON
That 1,Oonnid J. Kirby,do hereby ramify that.I prepared this plat from an actual and
ncrurate n-the-grv+!nd survey of the land and that the comer mm+uments shown thereon wm-s
properly planed undermy pereanal ouPnrvinion,in aocardonee with the S.LrIM frm Rvgulutiais of
the Cily of Round Rock, roxaa.
t�#
Dvrmld J. Kirby Registered fens one off'°Y%�fE 250f4 Dol:
sv' FINAL PLAT OF
Mr.STATE OF TEXAS ,�'rA lR`0�'•�d r0 i`�•�.S�,}
CC1UNfY OF WII.I IAMI±ON �}�l l._�.Y��V �t J���.LV
Willir m Wo+•Itz,Jr., do t ereby certify that the inforrnutimi c mtuinvd an this plod complies with the,
cut Ivis,on ordin+mceu and tho atomiwater droinage policy adapted by the City of Round Reck•'texas.
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'iiir>�'Ts�'7r"t�iRnr't.Nd rarws„?”
3 n
LOT 1, BLOCK A LOT 1, BLOCK 8
DESCRIPTION
UFSCF2IP11ION
FORA 14.934-34RAC'1 Of LAND SITUATED IN THE ANI1kLLW SPRFFCFIf:.k SURVEY, FDR A 5.438-ACRE.TRAC:I'OF LAND SITl1AI D IN THE ANDREW.•.SFREECHI'R 3URVI'Y, AB!';TIRACI Na.
101 IN TRAVIS COUNTY,TEXAS, BEING ALL.OF A 5.438-ACRE TRACT OF LAND Df1GNATEU
ABSTRACT No. 101 IN TRAVIS COUNTY, TEXAS, BEING ALL OE A 14.934-ACRE:TRACT OF LAND "PARCEL.2"AS CONVEYED BY TOM E. NELSON,JR., (RUSTLE NO. 11, TO SECURITY l:Al'ITAi.
t DESIGNATED PARCEL 1"AS CONVEYED FROM TOM E. NELSON, JR., TRUSTEE NO. Il, 10 .INUUf;fRIAI.1RU';1 BY INSTRUMENT RECORUL:U IN VOLUME 12296, PAGE 331 OF 111E R[IAL
SECURITY CAPRAL INDOF TH 121AL TRUST BY GENERAL WARRANTY DEED COUNTY,
TEXAS
IN VOLUME PROPERTY RECORDS OF TRAVIS COUNTY,TEXAS,'All) 5,438--ACRE TRACE OF LAND AFING MORE
AL
.l?296, PAGE 331 OF THE RP.AI.PROPERTY RECORDS OFT ESC COUNTY, TEXAS SAID PARTICULARLY DESCRIBED DY METES AND BOUNDS As Fol LOWS:
4�:934�ACRE:TRACT Of'LANG BEING MORE PA(i'1'ICUl.AF21.Y DF::SCRIHED BY MEl'f..S AND BOUNDS
AS fOLLOWS:
BEGINNING on an iron rod set on n paint of the west corner of Lot. 1 of "Amending Plat of
HEMMING on an iron rod sot an a point In the northwesterly boundary line of Lot: 1 of Lot i Resubdivision of Let 3 Corridor Park I", a subdivision according to the Pint
Book 98,
"Corridor Park III", a resubdivision according to the plot thereat recorded in Volume 94, f'agos 20:5-206 of the Plat Records of Travis County, fexar, said point being
the southeast i
Page 18 and 19 of the Plat Records of'Previa County,Texas sold point being the northeast carrier of a 2.8'2.--arra Uoct of land bring also known as Parker Drive (90.00 toot
tamer of Lot 5, Northridge Acres No. 2, a subdivision according to the plat thereof right-oi--way width) conveyed to Ute City of Round Rork,Texau by inatrurn mt r(.,carried
in
recorded in Book 14, Page 84 of said Plat Records, uaid point bainU the south corner and Volume 11441, Pogo 136 of the Real Property Recordo of Travis County, Texas ,old priiiii
being
POINT OF BEGINNING hereof; - the south corner and POINT OF DEGINNING horcof; '
THENCE departing,the northwesterly boundary line of sold Lot 1, with the northeost boundary THENCE deporting the wtoterly cnrnor of said Lot 1, with the northooetarly baandary
fine of
tine of sold "Northridge Acres No, 2".cubdivision, N 59'46' 28 W for a distance of said 2.82-acre tract of land, some being the nertheastorly right-of-way line at Parker Drive
687.84 feet to on iron red Found at the south corner of Lot I, "Limestone Ridge (approximately 80.00 foot right-ort-way width) the following courses and distanros npmhomd
yfffyg
Apartments", a subdivision according to the pint thereof recorded in Plat Book 03. Page 1 through 3:
197 - 199 of said Plat Records, being also recorded in Plat Cabinet L, Slides 116, 117, 9
and 118 of tho plat Rerordo of Williamson County, foxes, sold point being the west caner 1. N59' ;55' 4.`i" W for a distance of Y5.14 feet, to at iron red set on a point of
curvoture;
thereof;
2. With the arc of o curve to the right, having a radius n1 295.00 feet, nn interior angle of
THENCE departing the northeast boundary line of said 'Northridge Acres No. 2"with the; 24" 50' OB", are are lengih of 127.87 feet and a rhattl which bears N. 47' 10' 40"W
fol u
southeast boundary line o1 said Lot 1, "Limestone Ridge Apartments", the following courses diatance of 126.87 feet to nn iron rad not on a point.of tongeny; '
and diatanres nutnbere:d 1 through 4; 3. N 34' 37' 32"W for o distance of 354.99 feet to on iron rad Yet on a point in the
1. N 30' 32' 'LB" F.for a distance of 425.71 fuel.to an Iron rod round found on an angle of,torline of a 60.00 foot wide drainage easomfet conveyed to the City of Round Rock,
Texas
point; by instrument recorded volume 11441, Page 143 or said Roof property Roeords, said pond
being the west corner he
2. N 70' 08' .32" E for a distance of 10.95 feet to un iron rod.found on art angle point; THENCE: departinq the narthepstarly right--of-way line of Parker Drive, some being
the
3. N 30' 49' 13"E for a distance of 44.0.24 feet to on iron rod found on an angle point northeasterly boundary fine of ruid 2.82-acre inlet of land, with the centerfine of
raid Drainage
in the northwostariy boundary line hereof; Eusemont. N 55 10'.58' E for a distance of 356.25 feet to an Iron rod set art a point of
curvatura;
4. N 3171' 50' 1'7" E:for a distance of 221.12 feet to an into rod found on aoint in film
southwesterly boundary line of n 2.82.-arse tract.of land conveyed to the City of Round THENCE continuing with the centarlin¢ of slid Drainage Lasemant, with the arc of
a rurva to
Nock,1'sxas by instrument recoiled Le Volume 11441, Page 136 of the Real Property the right, having a radius of 100.00 feet, an interior angle of 65' 27' 53", an art, length
of -
Records of Travis County, Texas, said 2.82-acre tract of land being also known as Parker 114.26 feet, and a chord whish brare N fie 00' 55"E for a distance of 108.14 feet
to ri
prise (90.00 foot right.--ori-way width), said paint tieing the most nar0terly comer hereof; hole in concrete rip rap on a point or tangency;
T'HENCF.with the southwesterly boundary line of said 2.82-acre tract of land (Pallas Drive), TIIENOE continuing with the conterlina of said Drainage E=omsht, S 59- 12' 07"
E. for a '
the following courses and distances numbered 1 through 3. distance of 295.33 feet fo�an iron rod found on a point in the west.boundary line. A a tract
of land as conveyed to Variants insurance Group fielding C,o. by insirurrrent recordod in Volume
10092, Page 267 of said Raaf Property Records, game bring the easterly boundary line of,rid --
1, v 34' 3T 32"f.for o distance of 455,52 feet to an iron rod set art a point of Drainage Easement, said point befog the notthrast corner hereof' }
curvatura;
AIEN11 departing the centerline of said Drainage Casement with the west. bounednry line n`said
Tq
2. With the acre or a curve to diva left, timing a radius of 385.00 feet, art interior angle Farriers Insurance Group Holding Co. tract of land, 5 IT 23' 22"E tot-a distance
of 12/Lb
of 24' SO' 03", art arc distance of 166.87 fent and a chord which bears S 47' 10' 43"E feet to the northeasterly boundary line of void Lot 1 of "Amending Pkat of tot 1 Rasuhdivisien
to'a distance of 165,57 feet to an lion rod set on a point of tangency; of Lot 3 Corridor Park 1" subdivi!Aon beingthe, east corner hereof, hom which a 1 Y
ra / 4ao rad �
3, S 59' 3!: 45"E far a distance of 95.14 foot to on iron roil sot an a point being the found, boor: S 10" 59' 39"W for a distance of O.R7 feet; r
northwesterly boundary line of Lot 1 of said "Corridor Park iH"subdivision, said point being !'
also the east corner hereof; THENCt.with the northeasterly boundary line of said Lot 'I "Arnonding Plat of Lot I
Resubdivision of Lot 3 Corridor Park 1", N 66' 42.' 30"W far a distance of 88.9/feet to a
THENCE with the northwesterly boundary line of said "Corridor F4nk 19" subdivision, same punch hole set in concerto on a point baing Lha northwest corner of said Lot 1 of
"Amending
boiny live southeastedy boundary line hereof, the following courses and distances numbered Plot of Lot 1 Rusubdivision of Lot 3 Corridor Park 1", living an interior angio
polnt in the -
I through 4: southeasterly boundary line hereof; li
1. S 30' 24' 15"W for a distance of 95.85 foot to on iron rod.set on un angle point; 11-IFNCF. with fie northwesterly bouoduty line of said tot 1 "Amending Flat of Lnt 1
Resubdivision of int 3 Corridor Park 1 name being the southeasterly boundary Ilse hereof Pam
2:`; 30' 05 28"W for a distance, of 264,64 feet to on iron rod set on air angle point; following courses and distunces numbered 1 through 3:
3. S a0' 36' 32"W for a dislartce of 2,tM43 feet to an iron red ,at of an angle point; 1. S 30" 41' 47"W for a dlotoncn of 240.14 foot to punch hole at in concrete on art
tingle FINAL. PLAT OF
point;
4.S 30' 1' 33"W for a distun:a of 505.67 feet to the POINT OF BEGINNING hereof and // �j
containing 14,934 arses of land. 2. S 29" 46' 01"W for a distance of 196.59 feet to on iron rod sed at an angle point; -� ��1A�_�l..T.±.R..�
3. S 30' 24' 15"W for a dislanae of 10.60 feet to the POINT OF HECINNING hereof mol �r A
containing 5.4;58 octes of badlyr�,.1y,\� g.
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Buildings 7 -11
Round Rock, Texas
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2005079563
LETTER OF AGREEMENT
REGARDING ENCROACHMENT BY PROLOGIS
ON EASEMENT BELONGING TO CITY OF ROUND ROCK
This Letter of Agreement (LOA) is made and entered into
between ProLogis, whose address is 2310 LBJ Freeway, Suite 200, Dallas, Texas 75234, and the
City of Round Rock, Texas, 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. City and ProLogis agree as follows:
A. City is the record holder of the waterline easement described in Exhibit "A" attached
hereto and made a part hereof for all appropriate purposes.
B. ProLogis has requested that City allow an encroachment on or over a portion of such
easement, with the encroachment being in the nature of an enclosed walkway which
is described in Exhibit "B" attached hereto and made a part hereof for all appropriate
purposes.
C. By execution of this LOA, City grants its permission for ProLogis to place such
encroachment on or over a portion of the easement strictly subject to the following
conditions:
00089888/jkg
(1) The encroaching structure may be constructed and located only as
depicted on the attached Exhibit "B";
(2) Construction of the encroaching structure shall be subject to any and all
relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
(3)
Prior to actual construction of the encroaching structure, ProLogis shall
install or cause to be installed an isolation valve on the existing
waterline in a location acceptable to City;
(4) Construction, placement, use, maintenance, repair and removal of the
encroaching structure shall be solely at the risk and liability of
ProLogis, and not at the risk and liability of City in any manner
whatsoever;
(5)
The permission of City in allowing such encroachment shall be strictly
limited to this particular request, and shall not ever be construed as
establishing any precedent whatsoever;
(6) The parties expressly agree that City has full authority in an emergency
to remove or permit to be removed, in whole or part, the encroaching
Crrt--osoci-p
(7)
(8)
(9)
structure, and such removal shall be allowed without notice to ProLogis
and without any obligation whatsoever on the part of City to replace or
repair any part or the whole of the encroaching structure;
In a non -emergency situation, ProLogis agrees to be solely responsible
for removal of the encroaching structure to City's satisfaction, and such
removal shall be completed by ProLogis within forty-eight (48) hours
of actual notice to ProLogis of City's directive to remove same. The
parties expressly agree that, in the event ProLogis fails to remove the
encroaching structure to City's satisfaction following notice, then and
in that event City may cause the encroaching structure to be removed at
the expense of ProLogis;
The parties expressly agree that City shall never be responsible in any
manner whatsoever for damage caused to the encroaching structure
related to City's operation or maintenance of the waterline contained
within the easement;
ProLogis shall indemnify and hold 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 City. Nothing herein shall be deemed to limit the rights
(including but not limited to the right to seek contribution) of City or
ProLogis against any third party who may be liable for an indemnified
claim. The parties agree that in no event shall City be liable to
ProLogis 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 ProLogis, 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
(10) Relative to any subsequent purchaser of the encroaching structure,
ProLogis expressly agrees to adequately inform any such purchaser of
this LOA and provide a copy of same.
By execution below by the respective appropriate authorities of ProLogis and the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this agreement.
5s
ATTEST:
:City Secretary, City of Round Rock
APP ' 0 ED AS TO 'FORM:
rney, City of Round Rock
THE STATE OF TEXAS
COUNTY OF T ca, l L aS
ProLogis
By:
J
Date Si
Viceresident
66
City of Round Rock, Texas
By:
s R. Nuse, P.E., City Manager
Date 'R_! ed: q - I [p C s
ACKNOWLEDGMENT
This instrument was acknowledged before me on this 1 day of _`i vtf .v , 2005,
by J. Keith Porter, Vice President of ProLogis, in the capacity and for the purposes and
consideration therein indicated.
LINN
CAROL M. DENTON
MY COMMISSION EXPIRES
May 4, 2009
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this ) Le day ofE ',p . , (.x005,
by JAMES R. NUSE, P.E., CITY MANAGER of the City of Round Rock, i the capacity and
for the purposes and consideration therein indicted.
Pl
Notary Public in and for the State of Texas
SHERRI MONROE
Notary Public, State of Texas
My Commission Expires
MAY 7, 2007
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LOT 1, BLOCK A LOT 1, BLOCK B
DESCRIPTION DESCRIPTION
I`OR A 5.4'36•ACRE.'TRAC I OF LAND SITUAIEG IN THEANDREW SPREECHCR 1URVEY, A8:'>rRACa No.
FOR A 14.934-ACRE"IRACI OF LAND SITUATED IN THE ANDREW SPREECHER SURVEY, 1,101 IN TRAVIS COUNTY,TEXAS, BEING ALL OF A 5.435--ACRE TRAGIOF LAND DESIONAI F.D
ABSTRACT No. 101 IN TRAVIS COUNTY, TEXAS, BEING ALL OF A 14.934--ACRI.TRACT OF LAND "PARCEL 2"AS CONVEYED BY'COM L. NELSON,JR., TRUSTEE NO, II, 1'0 SLCURIrY CAPTIAI.
DESfGNATED PARCEL i"AS CONVEYED FROM 10M E. NELSON, JR., TRUSTEE NO. II, 10 .INUutIrRIAI.1NU'ilBY INSTRUMF.'NT RECORUE:D IN VOLUME 12296, PAGE 331 OF 171E REAL
SECURITY CAPITAL. INDUSTRIAL'TRUST 13Y GENERAL WARRANTY DEED RECORDED IN VOLUME' l'ROPEIM RECORDS OF TRAVIS COUNTY, TEXAS r.;All) 5.436-ACRE TRACr OF LAND Ct19NG MORE
.122.96, PAGE 331 OF'THE REAL PROPERTY RECORDS OF IRAVIR COUNTY, TEXAS SAID PARTICULARLY DUMNISED UY METES AND POUNDS AS F'OILOWB:
IkE134•ACRE:TRACT Or LAND HONG MOR[? PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS: - BEGINNING on an iron roti eat on n point at the west corner of Lot i of "Amanding Plot of
NF.GINNINC on on Iron rod sot ort a point ;n the northwostorly boundary fine of Let 1o Lot 1 Resubdivision of Lot 3 Corridor Park t", a subdivision actaoding to the Pint Seek
96.
"Corridor Park 1B", a resubdivision according to the plot thereof recorded In Volume 94, Pages 2015~206 of the Plot Records of Trovis County, Texas, said point being the
southaatet t
Page 16 and 19 of the Plot Records of'Travis County, Texas sold point being the northeast rumor of a 2.62.--antra Bart of land being also known as Parker Drive (UO.UO foot .
cornur of Lot 5, Northridge Acres No. 2, a subdivision according to the plot thereof right-at=-way width) conveyed to the City of Round Rock,TCXnu by instrurnant recorded in
mcorded In Book 14, Page 84 of said Plot Records, avid point being the mouth corner and Volume 11441, Page 136 of the Real Property Records of rruvis County, Tsxou said point
beln:.i
POINT OF BEGINNING hereof; the south earner and POINI'OF BEGINNING herouf; '
THENCE departing,the northwaatarly boundary Tina of said Lot 1, with the northeast. boundary TI-IENCf.: departing the wooterly uorner of said tot 1, with the norlheaaterly boundury
Time of
lino of emit "Northridge Arras No. 2" nubdivisian, N 59' 46' 7.6"W for a distnncs of said 2.62-acre tract of livid, uorne being the noithounlorly right-of-way line of Parker Urive
.
(approximately 90.00 fool right-al
687.134 foot to on Iron rod found at the mouth corner of Lot 1, "Limestone Ridge -way width) the fallowing cast nes and dsiancos ninnharrd
Apartment.o", a subdivision according to the, plot thereof recorded in Plat Hook O3, Page 1 through .3:
197 -- 199 of said Plat Recoida, being also recorded in Plat Cabinet L, $$(films tiff, 117, 1, N59` 35' 4N'W for n distam>e of 91.14 tent, to nn ;ren and eat m+ u point or
curvuturr,;
and 116 of the Plot Records of Williamson County, 'I'exus, said point being the west corner
j thereof;
2. With the arc of a curve to the right, having a radius of 7.95.00 feet, nn Interior angle of
THENCE departing the northeast boundary line of said 'Northridge Acres Nn. 2"with the 2W 50'ilia{once 06',of t on of t;feet Jift of to nn Iron 127.87feet
set io u1 Point hordof hieh encys N. 47' 10' 40"W for u
southeast boundary Zine of said Lot 1, "Limemtano Ridge Apartments", the following cournos
and dlotancem numbered 1 through 4: '
y ;S. N 34' JT' 32"W for a distance of 354.99 foot to on Iran rod sat on n point in i:he
contorlino of a 60.00 foot wide drainago easement conveyed to the City of Hound Rock, Texas
p N .30' 32' 'L6" F.for a distance of 415.71 foes.to an iron rod round found or an angio " " )
by instrument recorded in volume 11441, Page 143 of sena Real Property Raearris, Said point "'� `')
S point; being the wast carver herself; 11
2. N '70' 06' 32"E for u distance of 16.95 feet to an limn rad.found on an nngla point; THLNCL'l deporting the northeasterly right.-of-way line of Poker n0ve, eemo being the
�--
- northonsterly boundary,line of euid 2,62-•ot.rc tract of land, with the canterfine of sold U"ainoye :°tel �F.r✓,o
3. N ;{(T 49' 13"r.far o dislanco of 440.24 feet to an Iron rod found on on angle point Easement. N 55' 1fi'.56" E for u distance of 356.25 loot to on iron rod set on a posit
of
in the northwesterly boundary line hereof; curvatura; file 2--
4. N 30' 50' t'T" E: to, a distance of 221.12 feet to nn iron roti farad on o point in the TIIEME.continuini) with the conterline of said Drainage Easement, with thn urn. of
a eurve to W �
southwesterly boundary line of it 2.52•-acro, treat of land conveyed to the City of Round the right, having a radius of 1OU.00 feet, an Interior angle of 65' 27' 5.3", an
arc length of
Rook,1'exaa by Instrument rveorrled in Volume 11441, Page 13Ci of the Raal Properly 114.26 feet, and a chord whi0t bears N 66' 00' b5" E for a distance of '1(114.14 feat to a
fteeorda of Travis County, Texas, said 2.62-acre trona of land Using else known as Paiker holo in cancreto rip rap on a point of tangency; ors
Orive (90.00 fool right of-way width), said point Wiltt the most northerly corner horeof;
THENCE.with the southweedorl bounds ling of said '2..61-acre tract.of land Parker Drive), THENCE vuntinuing with Unit centerlino of said Drainage Easement, S N9' its' 01'C.
far n
'Y tY ( ) distance of 295..53 foot to-on iron rod found on a point in the west beundmy line of u troc:t
tho following courses unit distances numbered 1 through ,3: of land an conveyers Io Farmers Inauronce Croup Holding Co, by instrument rocorded ;n Volume
10(192, Page 262 of Raid Real Property Records, some being the easterly boundary fine of :enid
1. S 34' 37' 32" E for a distance of 455.52. feet to an lion rod sat nu a point of Clrainaya Easement, sold paint being the not Dnoost corner hereon r
curvature; - - .
fI1ENCE: departing the centcrhna of said Drainage Eaae:mord with the weal, boundary hoc of said .
2. With the acre of a curve to c the left, 7 fee a radius or which feet, nn interior aryls ratnnsre insurance. Group Holding Ca. tract of land, S iT 23' 72" E. for a distance
of 127.(10 r� b
of 24'distance
03", an err. distance of 1Ufi.5'7 feat and a chord which beers 5 4T 10' 4:1" E fact to the northeasterly boundary line of oaid Lot 1 of"Amending Plat of Lot 1 Resubdivision
for v distonce of 165.6% feet to an iron rod net off v point of Mugenay; of Lot 3 Corridor Park 1"subdivision being the. east corner hersof, item which a 1%7" iron rad
3. C^, 59' 3^i F.45" for n distance of 95.14 fast In ufound, bolas S 10' 59' 39"W for a distonee of 0.67 toot;
n Iron rail sat on n paint being the t,
northwesterly boundary line of Lot I of maid "Corridor Park 113"subdivision, Will point being THE:NCF' with the northeasterly boundary line of aoid Lot. 'I "Amending Plat. of
Lol i
also the caul corner hereat _ Resubdivision of Let 3 Corridor Park 1", N 66' 42' :30"W far a dist once of 66.97 feet to a
1HE:NCL wlth the northweatarly boundary line of sold "Corridor Park 19"aubdivfmion, items punch holo set in conetete on a point being the northwest rotner of sold Lot 1 of
"Amending
being life southeostody boundary line hereof, the following courses and dintomms mumberad Plot of Lot 1 itusubdivision of Lot 3 Corridor Park i", tieing an intortor ungie.
pulnt kr the
1 through 4: southaosterly boundary line hnroof;
1. S 30' 24' 15"W for a diutnme of 95.65 feet to an iron rod set an an angle.point.; INENCE'. with the northwesterly,boundary line of sold lot 1 "Arnonding Plat of I.nt 1
Resubdivision of lot 3 Corridor Park 1 same being the southeasterly Lwundaty line hereof Con _
2. , 30' 05' 26"W for a dielunua of '2..64,64 feet to an iron rod met on art angle point following courses and distances numbered t through .3:
3. S 30' 36' 32"W for n distance of 205.43 feet to an Iron rad met an onn to point; 1. !' 30" 41' 47"W for a dictanon of 240.14 foot to punch little set in conr..rets on an
angle ;�
` g P point - FINAL LAT OF
4. S 30 :5V 53 W far a disfuncc of 305.67 feet to the POINT Or BEGINNING hersof.rad , f
containing 14.934 acres of lend. - 2. S 29' 46' 01' W for a distnnco of 190.59 fent to on iron rod sat on on angle pulnl; Pp..�t, l
L It
3. S 30' 24' 15 W fnr a distonce of 19.60 feet to the POIN1 OI-BEGINNING hereof anon ,.�'.
containing 5.4:58 net" of livid. Jx 1..1131.Y1.VIA- I' N
3.IMTT 3 of 3
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303.576.2604
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DATE: 9-12-05
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005079563
10/05/2005 03:49 PM
MARY $36.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
10-07-05P02:22 RCVD