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14 PGS
CITY OF ROUND ROCK
CONTRACT FOR RIGHT-OF-WAY USE AND MAINTENANCE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
2009030008
THIS CONTRACT FOR RIGHT-OF-WAY USE AND MAINTENANCE ("Contract")
is made and entered into on this the day of April, 2009 by and between the CITY OF
ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and
COLONIAL REALTY LIMITED PARTNERSHIP, an Delaware limited partnership, located at
2101 Sixth Avenue North, Suite 750, Birmingham, Alabama 35203 (hereinafter referred to as
"Developer"), and such Contract is for the purpose of contracting for maintenance and use of
City property.
RECITALS:
WHEREAS, City is the owner of certain real property (hereinafter, "Right -of -Way"),
which is depicted in Exhibits "A 1" and "A 2", attached hereto and incorporated herein; and
WHEREAS, Developer owns certain real property (hereinafter "Ashton Oaks"), adjacent
to the Right -of -Way; which is described as follows:
Lot 1, Block A, Colonial Grand at Ashton Oaks, according to the plat thereof
recorded in Cabinet DD Slides 363, 364, 365, and 366, of the Plat Records of
Williamson County, Texas; and
WHEREAS, City desires to grant Developer certain rights and privileges upon the
Right -of -Way; and
WHEREAS, Ashton Oaks is accessed solely by A.W. Grimes Boulevard and is required
by City code to have a secondary fire apparatus access road;
NOW, THEREFORE, it is agreed as follows:
That for and in consideration of the mutual promises contained herein and other good
and valuable considerations, and the covenants and agreements hereinafter contained to be kept
and performed by the respective parties hereto, it is agreed as follows:
154086/m1 (V2)
Page 1 of 6
Q Y\-Oq-x5-013
Use and Maintenance
1. Developer shall have the right to utilize the Right -of -Way beginning at the west
boundary of Lot 1 of Colonial Grand at Ashton Oaks, a subdivision recorded in Cabinet DD,
Slides 363-366 of the Williamson County, Texas plat records, and continuing approximately
1,265 feet to the west. The Right -of -Way shall be utilized as one of the two fire apparatus access
roads required by Section D106 of the 2006 International Fire Code and adopted by reference in
Section 5.101 of the City of Round Rock Code of Ordinances. Developer shall maintain and
repair the existing roadway and shoulder located in the portion of the Right -of -Way as described
below in this Section 1. Developer shall not erect or construct any improvements within the
Right -of -Way or on the Ashton Oaks property surrounding or covering the emergency access,
other than a gate that meets the requirements for a secondary emergency access point as found in
Section 5.104(2) of the City of Round Rock Code of Ordinances, without further approval of
City (the "Ashton Oaks Emergency Access Gate"). Developer has constructed within the Right -
of -Way a roadway with an asphaltic concrete surface designed in accordance with generally
accepted criteria for a twenty-year life cycle, and which is sufficient to support Fire and other
emergency vehicles in a manner that does not require the wheels of the emergency vehicle(s) to
leave the paved surface when traveling the roadway.
It is understood that Developer does not and shall not claim at any time any interest or
estate of any kind in the Right -of -Way by virtue of this Contract, except as specifically described
herein.
It is further understood that Developer must comply with all other requirements or rules
of any applicable governmental jurisdiction for its activities and improvements upon the Right -
of -Way.
It is further understood that City has no duty to maintain, replace, upgrade, or repair any
improvement in or upon the Right -of -Way, including the payment of any fees of any kind
associated with any improvements. The City retains the right to maintain, replace, upgrade, or
repair any improvement in or upon the Right -of -Way, and bill the Developer for such work, if
maintenance is not done in a reasonable amount of time after written notice from the City to
Developer of Developer's failure to properly maintain the Right -of -Way.
Unless otherwise agreed by City in writing, it is hereby agreed that the condition of the
Right -of -Way existing at the time of the Contract's execution and described herein shall be
maintained at all times by Developer, and any damage to vegetation, removal or erosion of
earthen materials or any other alteration of the slope or other currently existing condition of the
Right -of -Way caused by the activities of Developer shall be immediately restored by Developer
to the condition described herein and/or as shown on the project plan sheets or other related
documents existing at the time of the Contract's execution. Notwithstanding anything to the
contrary herein, Developer shall have no duty to repair any damage to the Right -of -Way or any
improvement therein or thereon caused by City, its officers, agents and employees.
Developer shall install the Ashton Oaks Emergency Access Gate on Aston Oaks near the
common boundary of Ashton Oaks and the Right -of -Way as depicted in Exhibit "A 1". The
154086/m1 (V2)
Page 2 of 6
Emergency Access Gate shall be subject to the review and approval of the City Fire Department.
Developer shall install a separate gate at the western boundary of the Right -of -Way as
depicted in Exhibit "A 2" (the "Park Gate"). The Park Gate shall be subject to the review and
approval of the City Fire Department and the Parks and Recreation Department. At its cost and
expense, the City may relocate the Park Gate within the Right -of -Way as it deems appropriate.
The City will maintain the portion of the Right -of -Way situated west of the Park Gate, as may be
relocated from time to time by the City as set forth in the forgoing sentence, and Developer will
maintain the portion of the Right -of -Way situated east of the Park Gate, wherever its location
within the Right -of -Way.
Consideration
2. Ten Dollars ($10.00) and other valuable consideration paid by Developer to City.
Nonassignable
3. The rights granted in this Contract are personal to Developer. This Contract is not
assignable. Any assignment of this Contract will automatically terminate the rights.
Notwithstanding the foregoing, Developer shall be permitted to assign Developer's rights under
this Contract to any person or entity acquiring all or a portion of Ashton Oaks provided such
assignee assumes Developer's obligations and rights granted under this Contract, and Developer
shall be released from any and all obligations hereunder accruing after such assignment.
Notwithstanding anything to the contrary above, Developer may transfer and/or assign all or any
part of its interest in this Contract to a related entity of Colonial Properties Trust, Colonial Realty
Limited Partnership, or Colonial Properties Services, Inc., or to a joint venture entity (e.g., a
limited liability company) in which Developer retains an ownership interest.
Termination
4. In the event of a material breach of this Contract by Developer, City may
terminate this Contract thirty (30) days after City shall have delivered to Developer written
notice of such breach by Developer, unless such breach is cured within such thirty (30) day
period except that if such cure cannot be effected by Developer within said thirty (30) -day
period, such period shall be extended for an additional reasonable time [not to exceed ninety (90)
days] provided that Developer commences such cure within the thirty (30) -day period and
proceeds diligently to effect such cure thereafter.
Developer may terminate this Contract in the event: (a) the City no longer requires that
Ashton Oaks have a secondary fire apparatus access road; or (b) the City approves an alternate
location for the secondary fire apparatus access road for Ashton Oaks.
Indemnity
5. Developer shall comply with the requirements of all applicable laws, rules and
regulations, and shall indemnify and hold harmless City, its officials, agents and employees from
154086/m1 (V2)
Page 3 of 6
and against any and all claims, losses, damages, causes of action, expenses of litigation, court
costs, and attorney's fees, for injury to or death of any person, or for damage to any property,
arising out of or in connection with Developer's exercise of the rights under this Contract.
Release
6. Developer assumes full responsibility for its exercise of the rights and hereby
releases, relinquishes and discharges City, its officers, agents and employees, from all claims,
demands, and causes of action of every kind and character, including the cost of defense thereof,
for any injury to, including death, of person (whether they be third persons, contractor, or
employees of either of the parties hereto) and any loss of or damage to property (whether the
same be that either of the parties hereto or of third parties) caused by or alleged to be caused,
arising out of, or in connection with Developer's exercise of the rights or any other use of the
Right -of -Way under this Contract whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
Venue
7. This Contract shall be construed under and according with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Notice
8. Notice shall be mailed to the addresses designated herein or as may be designated
in writing by the parties from time to time and shall be deemed received when sent postage
prepaid U.S. mail to the following addresses:
CITY:
City of Round Rock
221 B. Main Street
Round Rock, Texas 78664
DEVELOPER: Colonial Realty Limited Partnership
2101 Sixth Avenue North, Suite 750
Birmingham, Alabama 35203
Attention: Multi -family Property Management
[signatures on the following page]
154086/m1 (V2)
Page 4 of 6
IN WITNESS WHEREOF, this CONTRACT is executed on the dates indicated.
CITY OF ROUND ROCK
By:
Its:
Date:
R. Nuse
Manager
COLONIAL REALTY LIMITED
PARTNERSHIP, a Delaware limited partnership
By: Colonial Properties Trust,
An Alabama real estate investment trust
Its general partner
By:
Edward T. Wright
Its: Executij
Date:
'e Vice President
154086/m1 (V2)
Page 5 of 6
Acknowledgment
THE STATE OF TEXAS §
COUNTY OF W jt(1Gt,lvts�,N §
This instrument was acknowledged before me on the (' day of __�_, 2009, by
City Manager James R. Nuse, in the capacity and for the purposes and consideration recited
herein.
THE STATE OF ALABAMA §
COUNTY OF JEFFERSON §
Stmvt, oate
Notary Public Signature
This instrument was acknowledged before me on the) (` "day of April, 2009, by Edward T.
Wright, in the capacity and for the purposes and consideration r ited herein.
X11► 1,,i,
(seal) Notary Public Si 1.1 re
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
154086/m1 (V2)
Page 6 of 6
Moe: 512-443-1724
Probational LandFac 512-383-0943
Surveying, Inc.
Surveying and Mapping 3600 McCall.Lane
Austin, Texas 78744
0.886 ACRE EASEMENT TRACT
WILLIAMSON COUNTY, TEXAS
A DESCRIPTION OF 0.566 ACRES. (APPROX. 24,862 SQ. FT) IN THE P.A.
HOLDER SURVEY NO. 297, WILUAMSON COUNTY,,'ERAS, BEING A PORTION
OF A 11.223 ACRE TRACT DESCRIBED iN A WARRANTYDONATION DEED TO
THE CITY OF ROUND ROCK DATED AUGUST 20, 2007, OF . RECORD IN
DOCUMENT NO. 2007071884 OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 0.588 ACRES BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the east line of said 11.223 acre tract, being the
west fine of Lot 1, Block `A", ColonialGrandat Ashton Oaks, a subdivision of record
according to the map or r plat thereof and recorded in Cabinet DD, Slides 363.308 of
the Plat Records of Williamson County, Texas, from which a 12" rebar set in the east
line.of the 11.223 acre tract, being the northwest Domer of said Lot 1, bears North
02°22'07' West, a distance of 64.91 feet;
•
•THENCE South 02°22'07" East, with the east line of the 11.223 acre tract, beim the
west sne of Lot 1, a distance of 31.35 feet to a calculated point, from which an iron
pipe found. in said tine bears South 02'22'07". East, a distance of 276.29 feet
THENCE over and across the 11.223 acre' tract, the following five (5) courses:
1. South 70°42'09" West, a distance of 11.51 feet t0 a calculated point;
2. Along a cumin the right, an arc length of 31.42 feet, having a radius of 40.00
feet and a chordwhich bears North 86°4T5r West, a distance of 30.61 feet to
a calculated point;
3. North 64°17'51" West, a distance of 56.63 feet to a calculated point
4. Along a curve to the left. an arc length 0119.57 feet, having a radius of 25.00
feet end a chord which bears North 86'43'40' West, a distance of 19.08 feet t0
a calculated polrl
5. South 70°50'31 West, a distance of 701:10 feet .to...a calculated .point in the
west line of the 11.223 acre tinct, being the east line of a 9.976 ace tract of
record lo Document No. 9903347 of the Official Public Records of Williamson
County;
THENCE North .09°09'10" West, with the west Line of the 11.223 acre tract, being the.
Page 2 of 2
east line of said 9.976 acre tract, a distance of 30.4.6 feet to a calculated pert, from
which a 112" rebar found for the northeast comer of the 9.976 acre tract bears North
09°0910' West, a distance of 51.99 feet;
THENCE over and across the 11.223 acre tract, the following five (5) courses:
1. North 70°50'31" East, with the north line of the 11.223 acre tract, being the
south line of the railroad right-of-way, a distance of 695.81 feet
2. Along a curve to the tight, an aro length of 43.06 feet, having a radius of 55.00
• feet and a chord which bears South 86'43'40' East, a distance of 41.97 feet to
a calculated polus;
3. South 6497'51" East, a distance of 56.63 feet to a calculated point;
4. Along a curve to the left, an arc length of 7.85 feet, having a radius of 10.00 feet
and a chord which bears South 88°47'51' East, a distance of 7.65 feet to a
calculated point;
5. North 70.42'09' East, a distance of 20.64 feet to the POINT OF BEGINNING,
and containing 0.566 acres of land, mom or less.
Surveyed on the ground June 27, 2007. Bearing Basis: Grid Azimuth for Texas
Central Zone, 1983193 HARN values from LCRA control network. Attachments:
Drawing 014-126-FL2.
Robert C. Watts, Jr.
4-7 ::� 9.96.0
Registered Professional Land
State of Texas No. 4995 ,. .�......,,,.:,„
�,BERT C. wn t ..
0!E8gti7 �t
+. clij try!
L
SKETCH TO ACCOMPANY A DESCRIPTION OF 0.588 ACRES (APPROX. 24,682 SQ.
Ft) 11 THE E P.A. HOLIER SURVEY NO. 297. COUNTY,
A PORTION OF A 11,223 ACRE TRACT DEICRIOED P1 A WARRANTY DONATION
LVED TO THE CITY OF ROUND ROOK DATED AVOW 20, 2007 OF RECORD
DoaUMENr# 2007071984. OF THE OFFIT6AL PUDLIC RECORDS OF W L L AMSON
COUNTY, MEAS.
UNE .::TABLE
L1
L4
BEAKING:
LENGTH
I1.,
1111M707411111, 111111111
®A77J P i 0 e:
L7
N0.
01
DELTA...
4500'00"
C2 44'51',38"
C3 44.51'38"
C4 4..00'OO
CURVE TABLE
RADIUS
TAN
ARC
CHORD
_ 40.00' . • U1.57' 31.42' ,
25,Q0' 10.32' 19.57' 19.08'
55 00' 22 70' 40,6' 41 97'
10.00' . 4.14' 7.85' 7.65'
BEARING
30.81'
DATE OF SURVEY: 06/27/07
PLOT . [NTE 09/26/08
DRAWING .NO.: 014-128—FL2
PROJECT NO.: 014-126
SHEET 1 OF 2
L.EID
• 1/2" REBAR FOUND
O 1/2 REBAR INJTH CAP SET
O CALCULATED POUR
Q IRON PIPE FOUND
N 10159721.65
E 3137328.65
int 101597? .65
E 3137328.66
9�INED SCALE EACT0R
U TO ORE: 0.99968502
.ORID TO SURFACE: 1.000114994
ROTATION ANGLE: 0'
N88'47'51 WW
N86'43'40"W
S86'4340"E
S86'47'51 "E
BEARING BASIS: GRID AZIMUTH FOR TEXAS
CENTRAL ZONE. 1983/83. HARK //AWES
FROM LCRA CONTROL NETTAIRK.
ATTACHMENT& METES AND BOUNDS
i DESCRIPTION 014-128—F12
v
offloe: 812-443-1724
Fax: 6111-380-0948
Professional Land Surveying. Inc.
Surveying and Mapping 35°"Accall Lane
Austin, leXas 78744
0.294 ACRE EASEMENT TRACT
WILLIAMSON COUNTY, TEXAS
A DESCRIPTION OF 0.214 ACRES (APPROX. 12,812 SQ. FT.) IN THE PA
HOLDER SURVEY NO. 297, WILUAMSON COUNTY, TEXAS', BEING A PORTION
OF A 9.978 ACRE TRACT DESCRIBED IN AWARRANTY DEED TOne onYoF
ROUND ROCK DATED JANUARY19, 1999, OF RECORD IN DOCUMENT/9903347
OF THE OFFICtAL PUBLIC RECORDS OF WILIJAMSON COUNTY, TEXAS., SAID
0.294 ACRES BEING MORE loAR11CULARLY DESCRIBED BY METES APO
BOUNDS AS FOLLOWS:
COMMENCING ata calculated point In the weetlIne of said 11978ettetract, being the
east line of 82.0178a* tract of record In Volum: 592, Page 0400the Deed-Reciords
. of Wiliam °curdy. Teies, from which the record lateen oftbenorthwestoorner of
the 9.970 acre tract, being the northeast comer of said zotr MOM tract, bears North
93400'55' We* a distance of 55.82feet
THENCE North 7045011' East, over and across the 9.978 sae tact, a dletanceof
243..80 feet to a Oefottlatecl point forthe POINT QF 811001NINS; • •
THENCE ow, and acmes the 9.978 acre tract, the togas/big tab (2): Odurees:
1, Along a owe to the left, an arc length of 4.7'7 feet, having a' rad lu s of 10.00
feel, and etabOtd which beam North 5741111r East, a distsnceof 4.71feettaa
oaloulated point;
2. Along it Cum to the tight, an aro length of /.71 tasty havklg a radius of 19.24
• feet, and echoic, which bears Norer5740131rEest,Adladintaof 7.04feet tO
OsiculatOd pot* In the south rightv0way One of the Mieemat Pacific Railroad
• (based on $01, alignment frOiTt the cuter of the- south WOO:
THENCE North 704411181' East, leaving Veld IlheoVerantfamotiethettat acte tact;
a distance of414.23•feetto a paint in theaestlineofthe 9.971Sactetect, being alSoln
the west Meat as 11.223 sat tract Of MOOS In DOOLOPOOt NO4 2097071064 of the
OfncialPskille Records orWillianuain County., Team thavolidi a 112`taberfoural Ibt
the northeast Wirer entre 9.770 acre Wit beala North grams West a diatunce of
51.99 feet;
•114ENCE South 09.0910* &Natoli/1th the oast line of the 9.979 ore boot, heft the
west line of the 11;223 awe toot, a distance 0f30.4$ test% ColOulated polnt, tom
.W1* a ifir Mbar found In add Ise baataSoath 09091.0° Mot edletahneof 3TMA
bet
•
Page 2 of 2
THENCE or er and acmes the 0.876 acm tract, the following fbtir (4) oOuts s
1. South 71141011" West, a distance of 411.87 feet to a aakulated point;
2. Along a curve to the left, an aro length of 8.03 feet, having a. MOW of 1024
and 8 chOrdivnich beers South 59"58'09' Met, e d(eterste of1.95-featta
a=lasted pra t
S. Along a curve to the right, an arc length of 8.58• feet. having ea radius of 10,80
d acherd vihkth bei 80114164°68'41r Wast, 8 dintelfteilliff.48.itiotte
0alotiOntlp
4. North 9S°o9' rMet adiem* of30.00feet tothreP i1NTA:.Bade,
and nontainIng 0.204 acres of (arab, (none or less,.
Surveyed on lfla glllurid Jurte 27, 2007, Bearing Bala: 84d ,oinlrtm & for Texas
Centras Zone, 1933/03 HARN values Oxen LORA c onlrbl nob**, Attanhtlla :
Meting 014-126-FL5.
Registered Professional Lund Surveyor
State Of Taloa No. 405
-44x:9
l
sem To Acoomr , AOESoniivnom OF 0.294 ACRES X. 12„812 Ff.) IP
THE PA HOLDER . 297, YTLL 5QN COUNT , T ENG APO 4 OF
A 9.976 ACRE TRACE' DESCRRIEDJN A• I MI NTY DEED To THE CY 4QF ROUND RFK,
DATED JANUARY 18. 1 OF Mono In DICUMENT# 9903347 or Tit OFflC&' „
Ply®UO RECORDS OF (OW, TEXAS.
N�.
• Lt.
=11;711111FM/
REIN
®� eye 4141
_ ...
CURVE iABL.E
NO.
. OEL'iA .
RADIUS ADIUS
TAN
ARC
CHC „ D
. `. SEARING__
C1
v‘
272o'2O''
1D'.qQ'
2.4.'
4.77'
4.73'
'N5T1W'17'tE<
C2
.
1$:24'
3. '...
94712'4%
7;71•
.
7,64',
. ': It
28' 7:''t9'_
16.2�' ••`.
4.1 f'
9.03'
7.95'
11Y
04
° s1'4r 4s".
.10.00'
.. 2.85' _
5.55'
,
5.48'..
S54'55'48' �K
wa EN Soot mineto
PLOY' D tE? o1JOS/o9
DM** NO.: O14-120.'4lk
ROOM 40.z OF 014-128
LEG
• 1A" REIM FOUND
:0 1%21' FAWN Wrrm CAP SET
o CALMAT() POINT
E 3137328.68
GRID
N tolincie
E 3134915.43
-
COD 1D 8URF' 14(1Q1149941
iNCTATION mole 0'
BEARD* Mlita1DAMIUni FOS TEX,A
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FROM I.as, toutgOL *mu*.
ArrAVfilaine I ETES AND Wpm
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L1T11..»......t..C•:-v_haa^w• r-rrt21►_ x- • -. ,..1'47 —_ `—a. _1..,. __._
biagte
:1411
x
DATE: April 29, 2009
SUBJECT: City Manager Approval — May 1, 2009
ITEM: Consider executing a contract for Right -of Way Use and Maintenance with Colonial
Reality Limited Partnership regarding Colonial Grand at Ashton Oaks.
Department:
Staff Person:
Justification:
Engineering and Development Services
Danny Ha!den, P.E., City Engineer
This contract is to grant to the Developer of Colonial Grand at Ashton Oaks apartments, certain
rights and privileges upon City owned right-of-way adjacent to Ashton Oaks.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Colonial Reality Limited Partnership
Background Information:
This contract will allow an emergency access for the Colonial Grand at Ashton Oaks apartment
complex to traverse City -owned property. Due to the density of development, the Fire Code
required the complex to have more than one access point, which could not be achieved from
A.W. Grimes Boulevard, the only street abutting the complex.
The contract sets out terms of use and various responsibilities. As an example, the apartment
complex is required to install and maintain a gate that is for emergency use only.
It should also be noted that no apartment tenants will be allowed to have access via this
connection, except in the case of an emergency.
Public Comment: N/A
UPDATED APRIL 2008