CM-10-02-049RIGHT OF ENTRY AGREEMENT
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;
• Environmental Investigation Activities
o PBS&J staff will escort representatives from the Texas Commission on Environmental
Quality -Edwards Aquifer Protection Program (EAPP) to the karst features located within the
project corridor for the purpose of evaluating their sensitivity to recharge the Edwards aquifer.
PBS&J staff will conduct a hand excavation of backfill material from selected karst features
located within the proposed project ROW (F -3I, 3G, 3H) as requested by EAPP staff to enable
EAPP staff to conduct visual observations and photographic documentation. The remaining
karst features within the project area shall follow the same procedure upon the request of EAPP
in order to ensure approval of the Geological Assessment these Karsts features include: (F-1, F-2,
F-3, F-6, F-7, F-8). PBS&J staff will then replace the backfill material into the karst features and
restore back into existing conditions.
This work will be done in the areas identified with the yellow dots on the attached Exhibit "A",
and these activities will be limited to these areas only.
• Cultural Resources Excavation Activities
o During Phase I survey investigations, PBS&J Archeologists located a cultural resource site,
41 WM 1183, which could not be fully evaluated due to limitations on the size and number of
archeological excavations in the previous Right -of -Entry Agreement. During the present
investigation, PBS&J Archeologists will excavate a maximum of 4 backhoe trenches up to a 50
ft maximum in length, 3 ft in width, and 6 ft in depth. If evidence of intact cultural deposits or
features is encountered in the backhoe trenches, then it will be examined by controlled hand
excavations units not exceeding 3.3 ft by 3.3 ft in an area not exceeding a total area of 6.6 ft by
6.6 ft. All archeological excavations will be backfilled as soon as is feasible and any excavations
left open over night will be secured by fencing. The City agrees that it shall erect and maintain
chain link fencing around any excavated areas described herein in a manner and of a type
sufficient to keep livestock and other animals from entering the trenched areas during all times
until the backfill material in such areas is replaced to the existing condition.
This work will be done in the area identified with the purple cross hatching along the proposed
Hairy Man Road as shown on the attached Exhibit "A", and these activities will be limited to this
area only.
0./DOX,SCCLNTs0199\0105\NUSC\00181467 DOC/sls
ei&-i 0-02- fqc1
Said Property is 197 acres (Tract Three) and 16.5 acres (Tract One), more or less, out of the
David Curry Survey, Abstract No. 130 and the Elisha McDaniel Survey, Abstract No. 441, in
Williamson County Texas, and further described in Volume 608, Page 936 of the Real Property
Records of Williamson County, Texas.
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.
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 immediately 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)
(5)
Intentionally left blank
All activities described herein shall be performed only in the areas shown on the
attached Exhibit "A" and as otherwise described herein.
(6) Owner shall be contacted at a designated phone number to be provided by Owner, or
if Owner is not available a message shall be left at that number, 24 hours prior to
entering the Property for the activities described herein and providing notice of the
entry, and then again immediately upon exit of the Property providing notice of the
exit.
o wDox sccuvr.199Nowswils000181467.DOc/s I5
(7)
(8)
(9)
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
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.
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 forty
five (45) days after the date of the first entry upon the Property or May 31, 2010,
whichever is earlier. City will send notification in writing both to Owner and to
Steve Adler at the address stated below, stating the date of the first entry upon the
Property, and said notification will be given no later than (7) days after the City first
enters the Property.
Owner: Mr. Clarence L. Sauls
P.O. Box 34
Round Rock, Texas 78680
Mr. Stephen I. Adler
Barron & Adler, L.L.P.
808 Nueces
Austin, Texas 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 Sauls
Date:
3
CITY OF ROUND ROCK
By:
Its:
Date: GI '(o (�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 111 , iameon
This instrument was acknowledged before me on the as day of Feb ruar , 20/o
244156 by Clarence Sauls for the purposes and cons.deration r -cited therein.
T ERRI WOODMANCY
MY COMMISSION EXPIRES
March 27, 2013
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF \AJ(lliCMCM
This instrument was acknowledged before me on 2.0 209$6 by
�ple5 • kiuV.- in the capacity and for the purposes and consideration recited therein.
SARA 1. WHITE
MY COMMISSION EXPIRES
July 11, 2012
Notary Public, State of Texas
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LEGEND
--— _-— LIMITS OF CUT NOTE: THE CONTRACTOR, ENGINEER AND CITY OF ROUND ROCK REPRESENTATIVES PERFORMING
- •
LIMITS OF FILL THE KARST AND CULTURAL RESOURCE ACTIVITIES, SHALL AT NO TIME BLOCK, LIMIT
— — — — — TRANSITION (CUT - FILL) ACCESS OR EXCAVATE THE PROPERTY OWNER'S DRIVEWAY.
—•—•—`—•— MAINLANE ALIGNMENT CREEK BEND BLVD
INTERSECTING STREET ALIGNMENT EXTENSION
PROPOSED RIGHT-OF-WAY
-- -- PROPERTY LINES
EXHIBIT A
LIMITS OF ENVIROMENTAL STUDY
PROPOSED SIDEWALK
>1 BRIDGE
SHEET t OF t SCALE: t" 200'
@ KARST FEATURE HEE,
oes: EEo.Ro.
® ARCHEOLOGICAL EXCAVATION HAS OIv.uO' EDERAL AID PROJECT No.
a c�oes. 6
JMS STATE DIST. CotINTY
---——— TOP OF RIDGE Dau. HAS TEXAS AUS WILL IAMSON
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[N ORN: CONT, SECT. JOB HIGHWAY N0.
JMS 0914 OS 150 CREEK BEND BLVD
DATE: February 23, 2010
SUBJECT: City Manager Approval — February 26, 2010
ITEM: Consider executing a Right of Entry Agreement with Clarence Sauls for environmental
investigation and cultural resources excavation activities regarding the Creek Bend Blvd
Extension Project.
Department: Legal
Staff Person: Don Childs
Justification: This is a request for execution of an agreement giving the City the right to enter
upon the property to conduct environmental investigation and cultural resources excavation
activities. This is necessary for the extension to Creek Bend Blvd.
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.
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: $25,000.00 (Refundable deposit held in Attorney's trust account to cover any
damages.)
Source of funds:
Outside Resources (if applicable): N/A
Public Comment (if applicable): N/A
UPDATED APRIL 2008
00184416.DOC
05/1212009
Request for City Council/City Manager Action
❑ City Council p City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Don Childs
City Council or City Manager Approval Date:
Agenda Wording
FdicAdraistidifi Cete ONLY
Received
Tag #:
LE 2 E
Original Documents Received.
Project Name: Creek Bend Blvd Extension
ContractorNendor: Clarence Sauls
Funding Source: 2007 General Obligation Bonds
Additional funding Source:
Amount:
Account Number:
26 -Feb -10
$25,000.00
Consider executing a Right of Entry Agreement with Clarence Sauls for environmental investigation and cultural resources excavation activities regarding the Creek Bend Blvd Extension Project.
Finance Information
Is Funding Required? Yes
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
No]
❑Unforeseen Circumstances
Other (Please clearly identify action on lines below)
Right of Entry Agreement
=FINANCE .
N/A Approved
1=3x Finance/CIP
nFinance/Acct
Purchasing
Budget
Once approvals have beon obtained.
ITEMS WILL NOT BE PLACED ON THE COUNCIL ADEN.
APPROVALS
(to be completed ONLY by Fiinance)
Ffinal finance Approval Re
pate' 02/23/2010__
Date 02/23/2010
Date'
Date'. 02/23/2010,
Tease forward the !
Amount
$25,000.00
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signat
Date:
Date:
Date: p�L (‘)/(0
REVISED 02/24/2010
C:\ c d Settings=cmillin\Local Settings\T�11�po�r4lnire yilcyLK352\2-26-10 Don_Legal_RFA Right of Entry Agmt w-Sauls (00184418).XLS
City Manager Signature: � Date: ,�,t s•{ !// �,/ —
i
*City Attorney signature is required for all items,
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
[]Council Action:
ORDINANCE
Agenda Wording
Project Name: Creek Bend Blvd Extension
ContractorNendor: Clarence Sauls
ri RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Right of Entry Agreement with Clarence Sauls for environmental investigation and cultural resources
excavation activities regarding the Creek Bend Blvd Extension Project.
Attorney Approval
Attorney
Notes/Comments
r
Date 0-1 t L)
O:\wdox\SCCI nts\0199\0105\M I SC\00184429.XLS
Updated 6/3/08