CM-10-01-024Chisholm Trail Parcel — 13
COST SHARING AGREEMENT
This COST SHARING AGREEMENT ("Agreement") is made by and between ASSISTING
TEXAS WITH HOUSING, INC., hereinafter called "Assisting Texas", and the CITY OF ROUND
ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly authorized
officials.
WITNESSETH:
WHEREAS, Assisting Texas is the owner of 0.0341 of one acre of land bordered by Chisholm Trail
Road, as described in Exhibit "A", attached hereto (the "Property"), and
WHEREAS, the City is in the process of widening Chisholm Trail Road (the "Chisholm Trail
Project"), and
WHEREAS, the City, as part of the Chisholm Trail Project, must acquire a 150 foot Public Utility
Easement (the "PUE") in the Property, as described in Exhibit "B", and
WHEREAS, Assisting Texas, as an increased safety measure for the Chisholm Trail Project, desires
that the City install a traffic guardrail along the length of its frontage with Chisholm Trail Road (the
"Guardrail"), and
WHEREAS, Assisting Texas requests that the City incorporate construction of the Guardrail as an
alternate bid item to the Chisholm Trail Project and that each party shall be responsible for fifty
percent (50%) of the costs associated with implementing said alternate bid, and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, Assisting
Texas and the City do agree as follows:
AGREEMENT
Article 1.
Assisting Texas Participation
Project Improvements. City agrees to include the construction of the Guardrail in the contract
awarded by the City for the construction of the Chisholm Trail Road improvements. The cost of the
installation of the Guardrail shall be included as a separate line item dollar amount in the contract.
Assisting Texas agrees to pay to the City 50% of the bid amount for the Guardrail within thirty (30)
days after Assisting Texas' receipt of written notice that said payment is due along with a copy of the
accepted bid amount and any other supporting documentation. One half of any additional costs for
change orders or documented out-of-pocket expenses incurred by City for installation of the
Guardrail and not covered by the aforesaid payments shall be paid by Assisting Texas within thirty
(30) days after receipt of written notice that said payment is due.
179136/m1
em-1G-01'OZ�{
Public Utility Easement. Assisting Texas agrees to donate the PUE to the City at no cost.
The City will prepare the PUE and it will be executed contemporaneously with the Agreement. The
City will record the PUE with the Williamson County Clerk and return a file stamped copy to
Assisting Texas.
Article 2.
City Participation.
The City will include the Guardrail as an alternate bid to the Chisholm Trail Project. If
Assisting Texas has fully complied with all provisions as stated in Article 1 above, the City will
include the Guardrail in the contract awarded for Chisholm Trail Project as a separate alternate bid
item. If the City decides for any reason to not award a contract for the Chisholm Trail Project, then
the City shall return all monies deposited with the City by Assisting Texas to Assisting Texas and the
City and Assisting Texas shall have no further obligations under this Agreement. If the City does
award a contract for the Chisholm Trial Project, but cannot include the Guardrail as part of the
Project, the City shall return all monies deposited with the City by Assisting Texas to Assisting
Texas and pay to Assisting Texas the City's appraised value of NINE HUNDRED TWENTY NINE
and No/100 ($929.00) in exchange for the PUE.
Article 3.
Miscellaneous.
Mutual Assistance. The City and Assisting Texas will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other
in carrying out such terms and provisions of this Agreement.
Representations and Warranties. The City represents and warrants to Assisting Texas that
this Agreement is within its authority, and that it is duly authorized and empowered to enter into this
Agreement, unless otherwise ordered by a court of competent jurisdiction. Assisting Texas
represents and warrants to the City that it has the requisite authority to enter into this Agreement.
Default. If either the City or Assisting Texas should default in the performance of any
obligations of this Agreement, the other party shall provide such defaulting party written notice of
the default, and a minimum period of thirty (30) days to cure such default, prior to instituting an
action for breach or pursuing any other remedy for default. If the defaulting party remains in default
after notice and opportunity to cure, the non -defaulting party shall have the right to pursue any
remedy at law or in equity for the defaulting party's breach.
Attorney's Fees. In the event any legal action or proceeding is commenced between the City
and Assisting Texas to enforce provisions of this Agreement and recover damages for breach, the
prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and
expenses incurred by reason of such action, to the extent allowed by law.
2
Entire Agreement. This Agreement contains the entire agreement between the parties. This
Agreement may only be amended, altered or revoked by written instrument signed by the City and
Assisting Texas.
Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties,
their respective successors and assigns.
Assignment. Assisting Texas may not assign all or part of its rights and obligations to a third
party without the written consent of the City; provided, however, the City shall not unreasonably
withhold its consent to an assignment by Assisting Texas to a successor owner of the Project and
consent is not required for an assignment by Assisting Texas to the lender, and its successors and
assigns, which is providing financing for the development of the Project.
Amendment. This Agreement may be amended by the mutual written agreement of the
parties.
Termination. The City may terminate this Agreement if, in its own determination, it is unable
or unwilling to participate in the Project, unless Assisting Texas has remitted payment as required in
Article 2, herein.
Notice. Any notice and or statement required and permitted to be delivered shall be deemed
delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the
United States mail, certified with return receipt requested, postage prepaid, addressed to the
appropriate party at the following addresses:
Assisting Texas:
City:
with a copy to:
James Mitchell
Assisting Texas with Housing, Inc.
1525 Chisholm Trail Rd.
Round Rock, TX 78681
Ph: (512) 452-4755
Jim Nuse, City Manager
City of Round Rock
221 East Main St.
Round Rock, TX 78664
Ph: (512) 218-5401
Fx: (512) 218-7097
Steve Sheets, City Attorney
221 East Main St.
Round Rock, TX 78664
Ph: (512) 255-8877
Fx: (512) 255-8986
Either party may designate a different address at any time upon written notice to the
3
other party.
Interpretation. Each of the parties has been represented by counsel of their choosing in the
negotiation and preparation of this Agreement. Regardless of which party prepared the initial draft
of this Agreement, this Agreement shall, in the event of any dispute, however its meaning or
application, be interpreted fairly and reasonably and neither more strongly for or against any party.
Applicable Law. This Agreement is made, and shall be construed and interpreted, under the
laws of the State of Texas and venue shall lie in Williamson County, Texas.
Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws, and in that event, it is the intention of the parties that the
remainder of this Agreement shall not be affected. It is also the intention of the parties of this
Agreement that in lieu of each clause and provision that is found to be illegal, invalid or
unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as
similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various and several
paragraphs.
No Third Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges, or causes of action upon any third party.
Exhibit. The following Exhibits are attached and incorporated by reference for all purposes:
Exhibit "A": Property Description
Exhibit "B": Public Utility Easement
No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not
intended to and shall not be deemed to create any partnership or joint venture among the parties. The
City, its past, present and future officers, elected officials, employees and agents of the City, do not
assume any responsibilities or liabilities to any third party in connection with the development of the
Project or the design, construction or operation of any portion of the Project.
Effective Date. This Agreement becomes effective when signed by the last party whose
signature makes this Agreement fully executed.
IN WITNESS WHEREOF, ASSISTING TEXAS AND THE CITY have executed duplicate
counterparts to effectuate this Agreement.
[signature page follows]
4
ASSISTING TEXAS WITH HOUSING, INC.
a Texas non-profit corporation
By: `
: ames H. Mitchell, Executive Director
Date:
The City of Round Rock, Texas
By:
By: J s R. Nuse, City Manager
Date: l '2 " 0
5
EXHIBIT
Page 1 of 3
Slope Easement
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 13-E
DESCRIPTION OF 0.0341 OF ONE ACRE (1,486 SQUARE FEET) OF LAND OUT
OF LOT 1, PATAL SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET D,
SLIDE 209, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND OUT OF
THAT TRACT DESCRIBED IN A DEED TO ASSISTING TEXAS WITH
HOUSING, INC., OF RECORD IN DOCUMENT NUMBER 2001033805, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0341 OF ONE
ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the north line of said Lot 1 and said Assisting Texas tract and the south
line of Lot 1 of Anchor Two, a subdivision recorded in Cabinet P, Slide 122-123, Plat
Records, Williamson County, Texas, and the south line of that tract described in a deed
to Felix T. Munson and wife, Lori D. Munson, of record in Document Number,
9719289, Official Records, Williamson County, Texas from which a 1/2" iron rod
found at the northeast corner of said Lot 1, Patal Subdivision and said Assisting Texas
tract and in the south line of Lot 1, Anchor Two, and said Munson tract bears
N69°54'51"E 427.11 feet;
1) THENCE, with the east line of this tract, crossing said Lot 1, Patal Subdivision and
said Assisting Texas tract, S21°34'16"E 148.45 feet to a 1/2" iron rod set with a
plastic cap at the southeast corner of this tract;
2) THENCE, with the south line of this tract, crossing said Lot 1, Patal Subdivision
and said Assisting Texas tract, S68°32'54"E 10.00 feet to a 1/2" iron rod set with a
plastic cap at the southwest corner of this tract, same being in the west line of said
Lot 1, and said Assisting Texas tract, and the east line of Chisholm Trail and the
east line of that tract dedicated as right-of-way on said plat of Patal Subdivision;
3) THENCE, with the west line of this tract, said Lot 1, Patal Subdivision and said
Assisting Texas tract, and the east line of Chisholm Trail and the east line of said
dedicated ROW in said Patal Subdivision, N21°34'16"W 148.69 feet to a 1/2" iron
rod found at the northwest corner of this tract, said Lot 1 Patal Subdivision, and
said Assisting Texas tract and the southwest corner of said Lot 1 Anchor Two and
said Munson tract and the northeast corner of said dedicated right-of-way in said
Patal Subdivision and the southeast corner of that tract dedicated as right-of-way on
EXHIBIT �
Page 2 of 3
Slope Easement
March 5, 2009
said plat of Anchor Two, from which a 5/8" iron rod found at the northwest corner
of said dedicated right-of-way in said Patal Subdivision and the southwest corner of
said dedicated right-of-way in said Anchor Two bears S70°08'05"W 12.31 feet;
4) THENCE, with the north line of this tract, said Lot 1, Patal Subdivision and said
Assisting Texas tract, and the south line of said Lot 1, Anchor Two and said
Munson tract, N69°54'51"E 10.00 feet to the POINT OF BEGINNING and
containing 0.0341 of one acre (1,486 square feet) within these metes and bounds,
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY OF TRAVIS
§
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify
that the above description is true and correct to the best of my knowledge and belief and
that the property described herein was determined by a survey made on the ground
under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (PSI_ESMT) Issued 3/5/2009
0E
.a\ s T
oCO.N
_,
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9),
CHRIS aCONRAD
5623 4
J r; O.
RE: CITY OF ROUND ROCK
SKF 'H TO ACCOMPANY DESCRIPTION
OF 0.0.,-.1 AC. OR 1,486 SQ. FT. OF LAN,'
OUT OF LOT 1, PATAL SUBDIVISION
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
ANCHOR TWO
CAB. P, SL. 122-123
P.R.W.C.
LOT 1
FELIX T. MUNSON AND WIFE,
LORI D. MUNSON
DOC. 9719289
O.R.W.C.
5/8" •••
P.O.B.
•
COUNTY ROAD 173
CHISHOLM TRAIL
(R.O.W. VARIES)
o
- /`5-12.°\ Ar" A21 \,
���69,5}5• \ k365I'•i
--- ,.1N122
. AC.
1,48686 SQ.FT.
LOT 1
ASSIS11NG TEXAS
WITH HOUSING, INC.
DOC. 2001033805
0.P.R.W.C.
PATAL SUBDIVISON
CAB. D, SL. 209
P.R.W. C.
\ •
\
\ \
\
\ \
—N— \ O. \\
\ 'Q
\ \
\ \
•\ \
\
SCALE 1" = 40' \
LINE TABLE
LINE
BEARING
LENGTH
Ll
L2
L3
S68°32'54'W
N69°54'51'E
S70°08'05'W
10.00
10.00
12.31
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENE OF AN OWNERSHIP AND EASEMENT
REPORT.
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\PS1_ESMT.DWG
LEGEND
O 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
MCGRAY & McGRAY
LAND S'U'RVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
EXHIBIT
PUBLIC UTILITY EA EMENT
THE STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That ASSISTING TEXAS WITH HOUSING, INC., a Texas non-profit corporation, and
its successors and assigns, ("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 situated in the County of Williamson and State of
Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby
GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a
perpetual public utility easement and right-of-way in, upon, over, under, above and across the
following described property, to -wit:
All of that certain 0.0341 of one acre (1,486 square feet), more or less, out of Lot
1, Patal Subdivision, a subdivision of record in Cabinet D, Slide 209, Plat
Records, Williamson County, Texas, and out of that tract described in a deed to
Assiting Texas with Housing, Inc., of record in Document Number 2001033805,
Official Public Records, Williamson County, Texas said 0.0341 of one acre of
land being more particularly desribed by metes and bounds in Exhibit "A" (Parcel
"13E")attached hereto and incorporated herein:
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: electric
transmission and distribution lines, telecommunication and cable television lines, water lines,
natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, drainage systems and structures, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities,
drainage pipes and all other subsurface drainage structures, and any necessary accessories, or
operations.
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 and shown of record in the office of the County Clerk of
Williamson County, Texas.
179154/m1
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 utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
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 to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(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) 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.
It is understood and agreed that any and all equipment and facilities placed upon said
property shall remain the property of Grantee.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
2
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of , 2009.
3
GRANTOR:
ASSISTING TEXAS WITH HOUSING,
INC., a Texas non-profit corporation
James Mitchell, Board Member
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on this the day of the month of
, 20, by James Mitchell, its , of Assisting Texas with
Housing, Inc., in the capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 20, by James Mitchell, its , of Assisting Texas with
Housing, Inc., in the capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
4
EXHIBIT
Page 1 of 3
Slope Easement
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 13-E
DESCRIPTION OF 0.0341 OF ONE ACRE (1,486 SQUARE FEET) OF LAND OUT
OF LOT 1, PATAL SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET D,
SLIDE 209, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND OUT OF
THAT TRACT DESCRIBED IN A DEED TO ASSISTING TEXAS WITH
HOUSING, INC., OF RECORD IN DOCUMENT NUMBER 2001033805, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0341 OF ONE
ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the northeast corner of this tract,
same being in the north line of said Lot 1 and said Assisting Texas tract and the south
line of Lot 1 of Anchor Two, a subdivision recorded in Cabinet P, Slide 122-123, Plat
Records, Williamson County, Texas, and the south line of that tract described in a deed
to Felix T. Munson and wife, Lori D. Munson, of record in Document Number,
9719289, Official Records, Williamson County, Texas from which a 1/2" iron rod
found at the northeast corner of said Lot 1, Patal Subdivision and said Assisting Texas
tract and in the south line of Lot 1, Anchor Two, and said Munson tract bears
N69°54'51"E 427.11 feet;
1) THENCE, with the east line of this tract, crossing said Lot 1, Patal Subdivision and
said Assisting Texas tract, S21°34'16"E 148.45 feet to a 1/2" iron rod set with a
plastic cap at the southeast corner of this tract;
2) THENCE, with the south line of this tract, crossing said Lot 1, Patal Subdivision
and said Assisting Texas tract, S68°32'54"E 10.00 feet to a 1/2" iron rod set with a
plastic cap at the southwest corner of this tract, same being in the west line of said
Lot 1, and said Assisting Texas tract, and the east line of Chisholm Trail and the
east line of that tract dedicated as right-of-way on said plat of Patal Subdivision;
3) THENCE, with the west line of this tract, said Lot 1, Patal Subdivision and said
Assisting Texas tract, and the east line of Chisholm Trail and the east line of said
dedicated ROW in said Patal Subdivision, N21°34'16"W 148.69 feet to a 1/2" iron
rod found at the northwest corner of this tract, said Lot 1 Patal Subdivision, and
said Assisting Texas tract and the southwest corner of said Lot 1 Anchor Two and
said Munson tract and the northeast corner of said dedicated right-of-way in said
Patal Subdivision and the southeast corner of that tract dedicated as right-of-way on
EXHIBIT FA Page 2 of 3
Slope Easement
March 5, 2009
said plat of Anchor Two, from which a 5/8" iron rod found at the northwest corner
of said dedicated right-of-way in said Patal Subdivision and the southwest corner of
said dedicated right-of-way in said Anchor Two bears S70°08'05"W 12.31 feet;
4) THENCE, with the north line of this tract, said Lot 1, Patal Subdivision and said
Assisting Texas tract, and the south line of said Lot 1, Anchor Two and said
Munson tract, N69°54'51"E 10.00 feet to the POINT OF BEGINNING and
containing 0.0341 of one acre (1,486 square feet) within these metes and bounds,
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
§
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify
that the above description is true and correct to the best of my knowledge and belief and
that the property described herein was determined by a survey made on the ground
under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (PSI_ESMT) Issued 3/5/2009
RE: CITY OF ROUND ROCK
SKF 'H TO ACCOMPANY DESCRIPTION
OF 0.0.,41 AC. OR 1,486 SQ. FT. OF LAN,'
OUT OF LOT 1, PATAL SUBDIVISION
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
ANCHOR TWO
CAB. P, SL. 122-123
P.R.W.C.
LOT 1
FELIX T. MUNSON AND WIFE,
LORI D. MUNSON
DOC. 9719289
O. R. W. C.
5/8" t"
P.O.B.
•
•
COUNTY ROAD 173
CHISHOLM TRAIL
(R.O.W. VARIES)
39)
5��
2p103W '�/
/ SV\ �h36 51)
N69.5 Zp 6•
0.0341 AC.
1,486 SQ.FT.
LOT 1
ASSISTING TEXAS
WITH HOUSING, INC.
DOC. 2001033805
0.P.R.W.C.
PATAL SUBDIVISON
CAB. D, SL. 209
P.R.W.C.
l
1 \
\ \
\
—N— \ O• \
\ G \
\ \
SCALE 1" = 40'
LINE TABLE
LINE
BEARING
LENGTH
L1
L2
L3
S68°32'54'W
N69°54'S1'E
S70'08'05'W
10.00
10.00
12.31
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEF.i._'F AN OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\PS1 _ESMT.DWG
LEGEND
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
ISSUED: 03/05/09
SURVEYED BY: PAGE 3 OF 3
McGRAY Sc McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
DATE: January 29, 2010
SUBJECT: City Manager Approval —
ITEM: Consider executing a Cost Sharing Agreement with Assisting Texas in connection
with the acquisition of a Public Utility Easement necessary for the Chisholm Trail
Project (Parcel 13).
Department:
Staff Person:
Justification:
Legal
Don Childs/Steve Sheets
This PUE is necessary for the improvement to Chisholm Trail. The
property owners are concerned about the dangers posed to their tenants
by the expanded road. We agreed to include the guardrail in the
construction bid as an "add alternate" with a separate dollar amount.
The owner will donate the PUE at no cost and pay the City 50% of the
guardrail bid price. After payment the City will include the add alternate
in the construction contract and build the guardrail.
Strategic Plan Relevance: 26.0 Construct major elements of the transportation and mobility
system as approved by Council in the Master Transportation Plan.
Funding:
Cost: Estimated to be $6000.00 dependant upon bid.
Source of funds: Round Rock Transportation Development Corp. Construction
Outside Resources (if applicable):
Public Comment (if applicable):
UPDATED APRIL 2008
181788/m1
10 19 09
Request for City CouncillCity Manager Action
IID City Council I1 City Manager
Submit completed form for all City Manager and City Council approvals.
Fruits ride ONLY
'y iij : r.;
Received: j A N 2 i .. i+
Tag #: 41r M.. 01 .-DZA1
Original Documents Received:
Department Name: Legal Project Name: Chisholm Trail Parcel 13
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Don Childs/Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
ContractorNendor: Assisting Texas
Funding Source: RR Trans Dev Corp Construction
Additional funding Source:
Amount:
Account Number:
Januray 29, 2010
Consider executing a Cost Sharing Agreement with Assiting Texas in connection with the acquisition of a Public Utility Easement necessary for the Chisholm Trail Project (Parcel 13).
Finance Information
Is Funding Required? Yes
No
Initial Construction Contract
Construction Contract Amendment
Change Order
=Change in Quantity ElUnforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action below)
FINANCE
N/A Approved
0
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Requi
Approved
Amount
Finance/CIP L Olsen Date 01/26/2010
Finance/Acct Date
Purchasing EE Bowden Date 01/26/zoto
Budget P. Bryan Date a1/26/201o'
Cheryl Delaney
Finance Director
01/26/2010
Date
Once approvals have been obtained, please forward the REQ #Aire sheet ba
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND
Required for Submission of ALL City Council and Citv Manager Items
Project Mgr. Signature: Lisa Dworaczyk
Dept. Director Signature:
c•
`City Attorney Signature`
City Manager Signature:
Date:
Date:
Date:
Date:
01/25/2010
1-2.61-
1 -2.1 -10 -2.P1-
1-2.1-10
vlginats to City Secretary, Sara W# E
APPROVAL PRIOR TO SUBMISSION.
*City Attorney signature is required for all items.
REVISED 01/27/2010
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Don Childs
Fzi
Council Action:
ORDINANCE
Agenda Wording
Project Name: Chisholm Trail - Parcel 13
ContractorNendor: Assisting Texas
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Cost Sharing Agreement with Assiting Texas in connection with the acquisition of a Public Utility Easement
necessary for the Chisholm Trail Project (Parcel 13).
Attorney Approval
Attorney
Notes/Comments
Date rl (1'f /o
O:\wd ox\S CCl nt s\91199\0013 E\M I S C\00181491. XLS
Updated 6/3/08