CM-06-08-168RIGHT OF ENTRY AGREEMENT(043
Creek Bend Blvd. Project—City of Round Rock
Clarence Sauls ("Owner") hereby grants to the City of Round Rock ("City"), its employees,
agents, consulting engineers, contractors, sub -contractors or other representatives of the City, the
right to enter upon the below -described real estate, (hereinafter referred to as the "Property") on or
after the date of execution of this agreement, for the specific purpose of conducting the following
activities upon said Property, to -wit;
On the ground, environmental and geo-technical surveying and associated or related activities
on the Property for the purpose of gathering information for the design and construction of roadway
facilities extension. Any digging or other disturbance of the ground shall immediately be returned
as closely as possible to the condition which existed prior to the entry by City. There may be some
trimming of underbrush and branches for access and line of sight surveying.
Said Property is as follows:
42.37 acres, more or less, out of the David Curry Survey, Abstract No. 130, reference 35410,
in Williamson County, Texas, referred to by tax identification number R374927 in the Williamson
County Appraisal District records, and further described in Volume 608, Page 936 of the Real
Property Records of Williamson County;
67.08 acres and 1.00 acre, more or less, out of the Elisha McDaniel Survey, Abstract No. 441,
reference 35408, in Williamson County, Texas, referred to by tax identification numbers R056320
and R319299 in the Williamson County Appraisal District records, and further described in Volume
380, Page 568 of the Real Property Records of Williamson County;
16.15 acres, more or less, out of the David Curry Survey, Abstract No. 130, reference 35208,
in Williamson County, Texas, referred to by tax identification number R374926 in the Williamson
County Appraisal District records, and further described in Volume 608, Page 936 of the Real
Property Records of Williamson County; and
10.084 acres, more or less, out of the David Curry Survey, Abstract No. 130, reference
35208, in Williamson County, Texas, referred to by tax identification number R366078 in the
Williamson County Appraisal District records.
The City, its employees, agents, consulting engineers, contractors, sub -contractors or other
representatives agree to the following:
(1)
To reimburse the Owner for any and all damage to any real or personal property of
Owner caused by the negligent actions of the City, its employees, agents, consulting
engineers, contractors, sub -contractors or other representatives, or other actions
outside the scope and purpose of this agreement.
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Prior to any entry upon the Property, the City shall provide the amount of $25,000,
to be held in a separate fund maintained in the trust account of Barron, Adler &
Anderson, which shall be used to pay any reimbursements according to the
provisions in this agreement. No portion of this money is to be released to either
party during the time that this agreement is in effect without either the written
consent of the non-receiving party, or a court order. If there are no damage claims
made or otherwise instituted within 60 days after the completion date set out in this
agreement then any remaining balance, or in the alternative the amount in excess of
any pending claim, shall immediately be returned to the City.
(2) To not carry firearms onto the Property, nor engage in any hunting activities.
(3) To lock all gates immediately behind entry and inunediately behind exit. Gates shall
stay locked while activities are being conducted on the property. No fencing shall be
destroyed or removed in order to gain entry to the Property or for any other purposes.
(4) Any brush or tree trimmings created by City shall be immediately removed from the
premises and disposed of off site at the expense of City.
(5) City agrees to install a 12' ranch gate on the Western boundary of the property at a
location to be determined by agreement between Owner and City. Such gate shall be
used as an entry point to the Western side Property, with such gate to remain in place
and become the property of Owner after completion of all activities described herein.
(6) All activities described herein shall be performed only within 250' to either side of
the proposed centerline of Creek Bend Blvd., the proposed realignment of Hairy Man
Road, or the existing Hairy Man Road facilities as shown on the map previously
provided to Owner. No City personnel shall use or otherwise be present on any other
portion of the Property outside of these described limits.
Owner shall be given notice of each entry and exit of the Property. Notice shall be
given of each entry not less than 24 hours prior to each entry. City may give notice
of multiple entries within the same week at one notification. Owner shall be notified
immediately upon each day's final exit of the Property. Notice required hereunder
shall beperformed by contacting Owner at a designated phone number to be provided
by Owner, or if Owner is not available a message will be left at that number.
(8) To hold Owner harmless and to indemnify Owner for any and all injuries to the City,
its employees, agents, consulting engineers, contractors, sub-contractors or other
representatives, or third parties as a result of the activities of the City, its employees,
agents, consulting engineers, contractors, sub-contractors or other representatives.
City agrees to return to Owner any and all artifacts found and collected on the
(7)
(9)
2
Property by the City, its agents, assigns, employees or contractors. A full and
complete copy of any reports written by the City or its agents, assigns, employees or
contractors or anyone hired by the City as a result of the activities performed on the
Property pursuant to this agreement shall be provided to Owner within 30 days after
the City's receipt of such report.
(10) The rights granted to City under this Right of Entry agreement shall begin on the date
that the last party to this agreement executes the document, and shall terminate six
(6) months after the date of the fust entry upon the Property or August 31, 2007,
whichever is earlier. City will send notification in writing both to Owner and to
Steve Adler at the addresses stated below, stating the date of the first entry upon the
Property, and said notification will be given no later than seven (7) days after City
first enters the Property.
Owner: Mr. Clarence L. Sauls
P.O. Box 34
Round Rock, TX 78680
Mr. Stephen I. Adler
Barron, Adler & Anderson, L.L.P.
808 Nueces
Austin, TX 78701
By granting this Right of Entry, the Owner does not relinquish any right to be compensated
for either the fair market value of any property ultimately taken by City, nor any damage to the
remainder suffered by Owner as a result of said taking.
arence L. Sauls
Date: /2) daz, --c,
CITY OF ROUND ROCK
By:
Its:
Date: S -t1 -at p
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ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 'irays
This instrument was acknowledged before me on the %O day of 4-4 V.5
2006 by Clarence L. Sauls for the purposes and consideration recited therein.
STATE OF TEXAS
COUNTY OF W illiarn,S61
Notary Public, State of Texas
ACKNOWLEDGMENT
—7- This instrument was acknowledged before me on A u9uSt 18 2006 by
�1QYY125 f2. P. u-56, in the capacity and for the purposes and consideration recited therein.
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otary Public, State of Texas ; Q : ;.ot^RY�a ;YliC;
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DATE:
SUBJECT:
ITEM:
CITY MANAGER BLUE SHEET
August 14, 2006
City Manager Approval - August 18, 2006
Authorization for the City Manager to execute a Right of Entry
agreement with Clarence Sauls for preliminary engineering
activities for the Creek Bend extension project.
Department: Legal
Staff Person: Don Childs
,Justification: Property needed to be acquired as part of the Creek Bend
extension project.
Funding:
Cost: $25,000
Source of funds:
Background Information: Pursuant to the terms of the agreement, the
$25,000 payment shall be held in the trust
account of Barron, Adler & Anderson to be
used as compensation for any damages done
to the property of Mr. Sauls. Any unused
portion of the escrow amount shall be returned
after the activities have been completed.
O:\wdox\CORR\transprt\creekbend\cauls\otherdoc\00103414.DOC Updated 3-10-05