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CM-06-01-012CITY MANAGER BLUE SHEET DATE: January 23, 2006 SUBJECT: City Manager Approval - January 27, 2006 ITEM: City manager to execute Wasterwaterline Easement with SPG Round Rock NS, L.P.. Department: Legal Staff Person: J. Kay Gayle/Ashley Dawson Justification: Funding: Cost: $0.00 Source of funds: n/a Background Information: Updated 3-10-05 11 10111111 1111111111111111 I ilii WASTEWATER LINE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON iii IIII ESMT 8 PGS 2006011417 KNOW ALL BY THESE PRESENTS: That SPG ROUND ROCK NS, L.P., a Texas limited partnership, whose address is 115 W. Washington St., Indianapolis, IN 46204, and its successors and assigns (hereinafter referred to as "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, (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement ("Easement") and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate,(within Easement Area as hereinafter defined) rebuild, repair, and remove a wastewater system and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a wastewater line easement, containing 0.367 acre tract of land out of the Ephraim Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a portion of that certain 13.001 acre tract of land conveyed to SPG Round Rock NS, L.P. by Deed of Record in Document No. 2005043880 of the Official Public Records of Williamson County, Texas; and also being a portion of Lot 1, Bock A, First Limited Addition, a subdivision of record in Cabinet 0, Slides 22 — 23 of the Plat Records of Williamson County, Texas; said 0.367 acre wastewater line easement being more particularly described by metes and bounds (the "Easement Area") as indicated and shown on the; -sketch on page 3 of Exhibit A for all intents and purposes hereunto and in any wise pertaining, showing such easement. This conveyance is made and accepted subject to 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 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 wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the Easement Area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the wastewater lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the wastewater lines. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail or by 051028-3 SPG Final and Approved Easement (00094507).DOC/jkg 1 CI()1-0(o-DI-elm reputable overnight carrier to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) the right of ingress to and egress from the Easement Area over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route(s) as shall occasion the least practicable damage or inconvenience to Grantor; provided that such ingress and egress right shall not extend to any portion of Grantor's property isolated from the Easement by any public highway or road now or hereafter crossing the property; the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as is reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with rights conveyed to Grantee herein; (b) the right to use such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (so long as those rights do not interefere with Grantor's business being conducted on the property) (c) the right to mark the location of the Easement by suitable marker, provided that such markers shall be placed in locations within the Easement Area which will not interfere with any reasonable use Grantor shall make of the Easement; (d) the right to grade the Easement for the full width thereof and to extend the cuts and fills for such grading as shown on the approved site development plans dated 08-03-05 and 09-28- 05 into and on the land in the Easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the Easement Area which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the Easement, and provided that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. 2 Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement Area; (b) Grantee shall promptly backfill any trench made by it on the Easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which 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 the Easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the Easement Area for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the Easement Area 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 Area, 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. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the Easement Area. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the Easement as a public utility wastewater line easement. 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 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. WITNESS WHEREOF, the parties have caused this instrument to be executed this (7 day StAt �t L. , 2006. 3 GRANTOR: SIMON SPG ROUND ROCK NS, L.P., a Texas limited partnership By: CPG TEXAS FINANCE I, LLC, a Delaware limited liability company, its general partner By: SIMON PROPERTY GROUP (Illinois), L.P., an Illinois limited partnership, its sole member BY: CHARLES MALL LIMITED PARTNERSHIP, a Maryland limited partnership, its general partner By: SIMON PROPERTY GROUP (DELA • ' ), Inc., a Delaw. : corporation, its general partner B ames M. Barkley Secretary and General Counsel GRANTEE: CITY OF ROUND ROCK, TEXAS \\ BY: Its: C5 R.al) ✓Se. -Pe. 4 ACKNOWLEDGMENT THE STATE OF, ✓ie'.,,/, G' COUNTY OF /17-/ This instrument was acknowledged before me on this the /i day of rL7wady. , 2006, by James M. Barkley, General Counsel and Secretary of Simon Property Group (Delaware), Inc., a Delaware corporation, general partner of Charles Mall Limited Partnership, a Maryland limited partnership, general partner of Simon Property Group (Illinois), L.P., an Illinois limited partnership, sole member of CPG Texas Finance I, LLC, a Delaware limited liability company, general partner of SPG Round Rock NS, L.P., a Texas limited partnership , known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed, and that he was authorized to do so. JAN L. LOCKE Comm. Exp. 10-22-2009 Res. of Johnson Co.. The State of `reOS ) County of 11) l 11 anceOn ) ACKNOWLEDGEMENT Notary Public, State of Indiana This instrument was acknowledged before me on this thea /day of _a U /_. , 2006, by ,-)Cs W. N VS6 , C i+9 ry)ccr Zw'-v, of the City of Round Rock, Texas, a municipal corporatio own by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed, and that he/she was authorized to do so. SHERRI MONROE Notary Public, State of Texas My Commission Expires MAY 7, 2007 After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 5 Notary Public, State of Texas 0.367 ACRES TERAVISTA OFFISITE _SPG ROUND ROCK NS, L.P. TRACT. DESCRIPTION 05 10 28-3 FN. NO. 05-528(ACD) OCTOBER 7, 2005 BPI JOB NO. 1515-02.93 OF A 0.367 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.• 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION THAT CERTAIN 13.001 ACRE TRACT OF LAND CONVEYED TO SPG ROUND ROCK NS, L.P. BY DEED OF RECORD IN DOCUMENT NO. 2005043880 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALSO BEING A PORTION OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.367 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found in the easterly right-of- way line of Interstate Highway 35 (R.O.W. varies) at Highway Station 1143+07, being the southwesterly corner of that certain 87.193 acre tract of land conveyed to CPG.Round Rock, L.P. by deed of record in Document No. 2005040171 of the Official Public Records of.Williamson County, Texas, same being the northwesterly corner of said 13.001 acre tract, from which a concrete monument found in the easterly right-of-way line of Interstate Highway 35 at Highway Station 1149+34 bears S02°04'48"E, a distance of 626.96 feet; THENCE, N69°15'57"E, leaving the easterly right-of-way line of Interstate Highway 35, along a portion of the southerly line of said 87.193 acre tract, being a portion of the northerly line of said 13.001 acre tract, a distance of 23.99 feet to the POINT OF BEGINNING and northwesterly corner hereof; THENCE, N69°15'57"E, continuing along a portion of the northerly line of said 13.001 acre tract, for the northerly line hereof, a distance of 21.11 feet to the northeasterly corner hereof, from which a 1/2 inch iron rod found for at an angle point in the westerly line of that certain 107.44 acre tract of land conveyed to NNP-Teravista LP by deed of record in Document No. 2001001639 of said Official Public Records bears N69°15'57"E, a distance of 1503.78 feet; THENCE, leaving over and across easterly lines distances: 1) S02°05'10"E, 2) N87°54'50"E, 3) S02°05'10"E, the southerly line of said 13.001 acre tract hereof, the following a distance a distance a distance said 87.193 acre tract, and said Lot 1, for the four (4) courses and of 27.96 feet to an angle point; of 2.50 feet to an angle point; of 609.23 feet to an angle point; FN 05-528(ACD) October 7, 2005 Page 2 of 3 051028,3 4) S09°06'52"E, a distance of 9.88 feet to the curving southerly line of said 13.001 acre tract, being the northerly line of that certain 35.098 acre tract conveyed to Chandler IH35 Retail, LTD. by Deed of record in Document No. 2005043877, of the Official Public records of Williamson County, Texas, for the southeasterly corner hereof; THENCE, continuing across said Lot 1, along the northerly line of said 35.098 acre tract, being the southerly line of said 13.001 acre tract, along a non -tangent curve to the right, having a radius of 1274.94 feet, a central angle of 01°07'25", an arc length of 25.00 feet and a chord which bears S81°14'51"W, a distance of 25.00 feet to the southwesterly corner hereof, from which said concrete monument found at Highway Station 1149+34 bears N70°37'56"W, a distance of 23.29 feet; THENCE, leaving the northerly line of said 35.098 acre tract, over and across said 13.001 acre tract and said Lot 1, for the westerly lines hereof, the following four (4) courses and distances: 1) N09°06'52"W, a distance of 11.26 feet to an angle point; 2) NO2°05'10"W, a distance of 610.77 feet to an angle point; 3) N87°54'50"E, a distance of 2.50 feet to an angle point; 4.) NO2°05'10"W, a distance .of 21.21 feet to the POINT OF BEGINNING, containing an area of 0.367 acres (16,007 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS DESCRIPTION. BURY+PARTNERS, INC. ENGINEERS -SURVEYORS JOHN i. BILNOSKI, R • • S 3345 BEE CAVE ROAD NO. •.•98 SUITE 200 STAT OF TEXAS AUSTIN, TEXAS 78746 OF �..T v�ST�' 6O\ ...o JOHN SMOSKI S � ti�Jv�J �J�/ LINE TABLE No. Bearing Distance L1 N6915'57"E 21.11' L2 S02'05'10"E 27.96' L3 N87'54'50"E 2.50' L4 S02'05'10"E 609.23' L5 S09'06'52"E 9,88' L6 N09'06'52"W 11.26' L7 NO2'05'10"W 610.77' L8 N87'54'50"E 2.50' L9 NO2'05'10"W 21.21' L10 N6915'57"E 23.99' L11 N7017'56"W 23.29' L12 S02'04'48"E 626.96' P.O.B. P.O.C. L10 HWY STA -1143+07 L 0.367 ACRE L8 (16,007 SQ. FT.)- HWY STA=1149+34 � o cce L7 -4 L11 C1 it M — MN 150 300 600 SCALE: 1 "= 300' L1 L2 L3 PAGE 3 OF 3 LEGEND 0 5 10 2 8._ 3 • ■ P.O.C. P.O.B. 1/2" IRON ROD FOUND (UNLESS NOTED) TXDOT MONUMENT FOUND POINT OF COMMENCEMENT POINT OF BEGINNING CPG ROUND ROCK, L.P. 87.193 Ac. DOC. NO. 2005040171 N6915'57"E 1503.78' PG ROUND ROCK NS, EP. 13.001 AC. DOC. NO. s• 200504388 LOT 1, BLOCK A FIRST LIMITED ADDITION L5 CAB. 0, SLD. 22-23 CHANDLER 1H35 RETAIL, LTD. 35.098 AC. DOC. NO. 2005043877 J V-0 2� gp,$5 S Bury+Pers ENGINEERING SOLUTIONS 3345 Hee Cava Rud, Suite Epp Auetia. Tern 7874E Tel. (512)328-0911 ras (512)22l -032s Buq+Parlpere, Inc. oC•pyrigbt 2005 CHANDLER ROAD (R.o.w. VARIES) REMAINDER OF 94.39 ACRES MCNEIL LABORATORIES VOLUME 657, PAGE 659 No. Delta C1 f01'07'25" OF .e.•Ns Te 4" Ct JOHN 11 BILNOSKI • SS% '11` • ' r 1 L CURVE TABLE Radius Arc Length Chord Length Chord Beorina 1274.94 25.00 25.00 �S81'14'51 "W SKETCH TO ACCOMPANY DESCRIPTION OF 0.367 OF ABSTRACT NO�2 2/ INRMAWAMSON COUT NTY,TTEXAPBENGEVANS SURVEY, A PORTION OF THAT CERTAIN 13.001 ACRE TRACT OF LAND CONVEYED TO SPG ROUND ROCK NS, LP. BY DEED OF RECORD N DOCUMENT NO. 2005043880 OF THE OFFICIAL PUBLIC RECORDS OF 1NWAMSON COUNTY, TEXAS: AND A PORTION OF LOT 1. BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SUDS 22-23 OF THE PLAT RECORDS OF 1MLUAMSON COUNTY, TEXAS. DATE: 10/07/05 ( FILE: H: \1515\02\151502EX2.DWG 1 FN No.: 05-528(ACD)1 DRAWN BY: ACD TERAVISTA OFFSITE SPG ROUND ROCK NS, LP. 1PROJ. No: 1515-02.93 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006011417 02/14/2006 02:21 PM CARRILLO $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 02-16-06P01:29 RCVD Request for City Council/City Manager Action City Council n City Manager Submit completed form for ALL City Manager and City Council approvals. Department Name: Contact Person: Project Manager/Resource: Project Coordinator: Assigned Attorney: Legal Shelley Gonzales/Rose McMillin J.Kay Gayle J.Kay Gayle Council or City Manager Approval/Agenda Date: 27 -Jan -06 Blue Sheet Wording :OU For Administration Use ONLY Tag#: aryl'©(0_01'012, Documents: l Scan Date: Return to: Ric Bowden Project Name: Wastewaterline Easement Contractor/Vendor: Simon - SPG Partners Funding Source: Amount: so City manager to execute Wasterwaterline Easement with SPG Round Rock NS, L.P.. Finance Information Is Funding Required? [M Yes [ffil No X Finance Approval ElFinance Finance LJPurchasing El Budget 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) $0.00 Execute easement with Simon SPG Round Rock NS, L.P. n/a L. Olsen N/A E. Wilson N/A HB N/A - Robbie Date 1/25/2006 Date 1/24/2006 Date Date 1/24/2006 1/25/2006 For Submission to ALL City Council and City Manager Action Items Project Mgr. Signature: Dept. Director Signature"': City Attorney Signature: City Manager Signature: Date: Date: Date: ©l..Y Date: 1 r -} F " +Z / * Dept. Director and Legal Approval and is required for ALL items requesting City Manager/City Council approval. Updated 6-9-05