CM-09-01-006ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Mayor
Alan McGraw
Mayor Pro -tem
Joe Clifford
Councilmembers
Rufus Honeycutt
George White
Carlos T. Salinas
Scott Rhode
Kris Whitfield
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
January 9, 2009
Mr. Jason A. Eichler, P.E.
Lower Colorado River Authority
Post Office Box 220
Austin, Texas 78767-0220
Re: Authorization for Limited Use of City of Round Rock Drainage
Easement at 1009 Georgetown Street, Round Rock, Texas
Dear Mr. Eichler:
Please regard this correspondence as authorization from the City of Round
Rock, Texas (herein referred to as "City") to the Lower Colorado River Authority
(herein referred to as "LCRA") to have the following delineated limited use of the
City's drainage easement along the south side of Lot 4, Georgetown Avenue
Commercial Subdivision Section Two (1009 Georgetown Street, Round Rock,
Texas) as recorded in Cabinet Q, Slides 115 and 116 of the Official Records of
Williamson County, Texas. This authorization shall apply to LCRA and its agents,
contractors, successors and assigns, and shall allow LCRA to perform grading and
shaping of the ground within the referenced drainage easement. The limits of this
authorization shall be from the east right-of-way line of Georgetown Street to 350
feet east of the east right-of-way line of Georgetown Street.
Further, City authorizes LCRA to perform grading and shaping of the ground
immediately west and southwest of the referenced drainage easement within the
right-of-way of Georgetown Street and/or City parkland. The limits of this additional
authorization shall be bounded by a line parallel to and 5 feet east of the east curb
line of Georgetown Street, and lines parallel to and 20 feet and 85 feet south,
respectively, of the north line of the referenced drainage easement, and shall extend
no more than 100 feet east of the east right-of-way of Georgetown Street.
Further, City authorizes LCRA to use Georgetown Street as a temporary
construction entrance/exit for the purpose of access to the referenced areas for
grading and shaping. Such temporary entrance/exit location and establishment
specifications shall be subject to the approval of the City.
This authorization shall commence upon acceptance by the City of the plans
entitled "Brushy Creek Regional Wastewater System Contract 6 & 21 Drainage
Improvements" (herein referred to as "the Plans"), as prepared by K Friese and
Associates, Inc., as evidenced by signature of the City of Round Rock Engineering
and Development Services Department on the Plans; and this authorization shall
terminate on January 1, 2010 or upon completion of the grading and shaping as
CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street • Round Rock, Texas 78664
Phone 512.218.5401 • Fax 512.218.7097 • www.roundrocktexas.gov
C M - 01-0(---ek%
evidenced by a letter issued by the City of Round Rock Engineering and Development Services
Department acknowledging completion of the grading and shaping, whichever comes first.
The parties hereto expressly agree as follows: LCRA shall be liable for and shall protect
against undue sediments leaving the referenced areas of authorization due to disturbance and
exposure of the areas during the grading and shaping, and shall permanently stabilize exposed
and disturbed areas as appropriate upon attainment of the lines and grades shown in the Plans.
LCRA shall perform the grading and shaping in accordance with the Plans and in such a manner
to avoid the following: removal of trees not authorized by City; undue deposition of earth, brush,
or other debris in Brushy Creek; damage to City's utilities or other utilities; and damage to City's
property or other property. Damage to any City property or other property (including but not
limited to utilities, curbs, and pavements) shall be repaired and/or restored by LCRA to City's
satisfaction prior to City's issuance of the aforementioned letter acknowledging completion.
Rocks, soil, and any other debris spilled, tracked or otherwise deposited on paved areas,
specifically including Georgetown Street, shall be immediately cleaned up.
The parties hereto expressly agree as follows: LCRA shall be liable for and shall be
solely responsible for any and all necessary traffic control, and shall hold City harmless with
reference to same.
The parties hereto expressly agree as follows: LCRA shall indemnify and hold the City
of Round Rock harmless from any injury or damage of any nature whatsoever to persons or
property arising from the subject matter of this authorization, whether or not such injury or
damage occurs within the referenced areas.
The parties hereto expressly agree as follows: LCRA shall be solely responsible for
obtaining any necessary approvals from local, state or federal agencies prior to performing any
work authorized hereunder.
If you need further assistance or clarification, please contact Mr. Danny Halden, P.E.,
City of Round Rock Engineering and Development Services Department, at 512-218-6610.
Thank you.
Sincerely,
LCRA EasLCRA Easement Authorization -1009 GtownSt(JKay-00151324).doc/dh/lk
DATE: January 5, 2009
SUBJECT: City Manager Approval - January 9, 2009
ITEM: Consider executing a letter authorizing the Lower Colorado River
Authority (LCRA) use of a Drainage Easement at 1009 Georgetown
Street.
Department: Engineering and Development Services Department
Staff Person: Danny Halden, P.E., City Engineer
Justification:
This letter authorizes the LCRA to perform grading and shaping of the ground
within the City of Round Rock drainage easement at 1009 Georgetown Street.
This drainage easement is along Brushy Creek on the property just east of
Georgetown Street where Bluebonnet MHMR is located.
Fundina:
Cost:
Source of funds:
N/A
Outside Resources: N/A
Background Information:
During the construction of the Brushy Creek Wastewater Interceptor Tunnel, it
appears that filling of the flood plain along Brushy Creek occurred. LCRA has
requested authorization from the City to enter its easement/property for the
purpose of removing the fill.
This authorization shall commence upon acceptance by the City of Round Rock
of the plans entitled "Brushy Creek Regional Wastewater System Contract 6 & 21
Drainage Improvements" and shall terminate on January 1, 2010 or on
completion of the grading and shaping as evidenced by a letter issued by the
City of Round Rock Engineering and Development Services Department
acknowledging completion of the grading and shaping, whichever comes first.
Public Comment: N/A
UPDATED APRIL 2008