Cm-2015-887 - 9/8/2015Sheets & Crossfield, P
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 . fax 512-255-8986
August 19, 2015
Patsy McConico Anderson
6505 Ashland Circle
Austin, TX 78723-3901
Re: City of Round Rock- Lake Creek Wastewater construction project
Parcel 10--130 W. Nash Street
Temporary Construction Easement
Dear Ms. Anderson:
Thank you for talking with us on the phone today regarding this wastewater
improvement project. As you are aware, it is necessary for the City of Round Rock
("City") to acquire a Temporary Construction Easement interest in a portion of your
property to assist with completion of the proposed Lake Creek wastewater improvements.
Please allow this letter to set out my understanding regarding our agreement for the
City's purchase of a Temporary Construction Easement ("TCE") as we have discussed in
our conversation earlier today.
In return for granting a TCE in and to that certain portion of your property
containing a total 0.109 acre, the City will pay you the sum of $1,000. The easement
form, which you have already signed and returned, will be as shown in Exhibit "A"
attached hereto.
If this meets with your understanding then please sign where indicated on the next
page, and we will have this executed by the City Manager and processed for payment as
quickly as possible. I have also included a W-9 form that is required by the City for all
payments. Please complete this form and return it along with the letter agreement in the
enclosed self-addressed and stamped envelope.
Please feel free to contact me or Lisa at any time if you have any questions or
concerns about these issues, and we also thank you in advance for your assistance in
contacting your relatives, who own the adjacent properties, so we can get their
agreements as well.
Very truly yours,
Don Childs
Sheets & Crossfield, P.C.
Cint-2015487
00340680.DOC
AGREED:
Pa McConico Anderson Date
CITY OF ROUND ROCK, TEXAS
13,:fl/ Its: /�
Dater
2
EXHIBIT "A" TO LETTER AGREEMENT
TEMPORARY CONSTRUCTION EASEMENT
Lake Creek 2 Wastewater Line Upgrade
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That PATSY MCCONICO ANDERSON, and her 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 Texas home -rule 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 Temporary Construction Easement, in, upon, over, under, above and
across the following described property of Grantor, to -wit:
An approximately 0.109 acre tract of land situated in the Wiley Harris Survey,
Abstract No. 298, in Williamson County, Texas; said tract of land being
further described by metes and bounds in Exhibit "A" attached hereto and
made a part hereof (Parcel l OTCE).
Such temporary construction easement shall be for the purpose of allowing Grantee, or its
agents, to construct, install, maintain, inspect, reconstruct, rebuild, repair, abandon in place, and
remove wastewater lines and associated facilities and appurtenances on adjacent property within
permanent easement areas held by Grantee, and generally in accordance with the notes, details,
specifications or other requirements or restrictions as shown on the plan sheets attached as
Exhibit "B" and incorporated herein. This conveyance is made and accepted subject to any and
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, shown of record in
the office of the County Clerk of Williamson County, Texas.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of construction, maintenance, abandonment and/or removal of
wastewater line and related improvements in the adjacent permanent easement areas, and for
making connections therewith; all upon the condition that upon completion of construction and
installation of the improvements, Grantee shall repair, restore, and revegetate the surface of said
premises as nearly as is reasonably possible to meet or exceed the condition which the same was
in before the work was undertaken.
At no time during the grant of this easement shall Grantor be denied reasonable driveway
ingress and egress to its property for the purposes to which the parent tract is currently being put,
unless there is an agreement between Grantor and Grantee in advance.
00339298.DOC/DJC
This Temporary Construction Easement shall be for a term of twelve (12) months which
shall commence on the date the Grantee, its agents or assigns first take possession of the property
for the purposes identified herein.
Grantee hereby covenants and agrees:
(a) To the extent allowed by law, 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.
(b) Grantor also retains, reserves, and shall continue to enjoy the surface of such
Temporary Construction Easement for any and all purposes which do not interfere
with and prevent the use by Grantee of the Temporary Construction 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, its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Temporary Construction 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.
IN ITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of 22015.
[signature pages follow]
GRANTOR:
Patsy OcConico Anderson
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of
fi,IJIIYIAJ-: 2015 by Patsy McConico Anderson, in the capacity and for the
purpages and consideration recited therein.
RONNIE NICHOLSON
��� ..... , �I's tmary Pub4'Ec, State of Texas
* _ " My Commissbn Expl=
ss� •••••••'rbc' MARCH 11, 2018
/,y: MQM�t �•a
After recording return to:
Notary Public, State of Texas
3
City of Round Rock
TM5 ND Roac Agenda Item Summary
Agenda Number:
Title: Consider executing a letter agreement with Patsy McConico Anderson
regarding additional compensation for the temporary construction
easement in connection with the Lake Creek 3 WW Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/4/2015
Dept Director: Steve Sheets
Cost: $1,000.00
Indexes:
Attachments: 00341454.PDF, 00341457.PDF
Department: Legal Department
Text of Legislative File CM -2015-887
Consider executing a letter agreement with Patsy McConico Anderson regarding additional compensation
for the temporary construction easement in connection with the Lake Creek 3 VWV Project.
Staff recommends approval.
City of Round Rock Page 1 Printed on 8/31/2015