CM-10-12-234ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Manager Approval Summary Sheet
Consider executing a letter agreement with Chisholm Trail Business Center Condominium
Owner's Association, Inc. for the acquisition of a Storm Sewer and Drainage Easement for
Item Caption: the Chisholm Trail Road Project (Parcel 3).
Approval Date: December 10, 2010
Department: Legal
Project Manager: Don Childs
Item Summary:
This is a request for execution of a letter agreement to acquire an additional drainage easement in order to facilitate
better storm water drainage from the property along the proposed Chisholm Trail Road Project (Parcel 3).
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: N/A
Source of Funds: 2002 General Obligation Bonds
REV. 6/10/10
00208911.DOC
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Street • Round Rock, TX 78664-5246
Phone 512-255-8877 • fax 512-255-8986
October 27, 2010
Kellie Craft
Chisholm Trail Business Center Condominium Owner's Association, Inc.
1308 Chisholm Trail, Box 115
Round Rock, Texas 78681
Re: Chisholm Trail expansion project
Additional Drainage Easement
Dear Ms. Craft:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of an additional drainage easement area for the City of Round Rock in order
to facilitate better storm water drainage from your property along the proposed Chisholm
Trail Road improvement project.
In return for granting a stormwater drainage easement in and to approximately
120 SF, Round Rock will pay the sum of $730 (120SF x $6.08/SF x 50% of rights based
on our previous purchase contract unit value). The form of the easement will be as
shown in Exhibit "A" attached.
If this meets with your understanding please have the appropriate person execute
this letter on behalf of Chisholm Trail Business Center Condominium Owner's
Association, Inc., and we will have this executed by the City Manager and process this
for payment as quickly as possible.
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
.�� C L. GE
Don Childs
Sheets & Crossfield, P.C.
AGREED:
Chisholm Trail Business Center Condominium Owner's Association, Inc.
By:
Its: Treasurer
City of Round Rock, Texas
. ,,,tag„,
ACTME7 City Manager
THE STATE
COUNTY OF
STORM SEWER AND DRAINAGE EASEMENT
OF TEXAS
WILLIAMSON
EXHIBIT
1 A
KNOW ALL BY THESE PRESENTS:
That THE BOARD OF DIRECTORS OF THE CHISHOLM TRAIL BUSINESS
CENTER CONDOMINIUM OWNER'S ASSOCIATION, INC., TRUSTEE, and its 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 municipal corporation situated in the County of Williamson and
State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, do
hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a
perpetual storm sewer and drainage easement and right-of-way in, upon, over, under, above and
across the following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof describing 125 square
feet of land, more or less, out of Lot 1, Block A, Chisholm Trail Industrial Park, a
subdivision of record in Cabinet R, Slide 99-110, Plat Records, Williamson
County, Texas; and being further described by metes and bounds therein.
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 storm sewer utilities and
drainage facilities, to -wit: open drainage channel and storm sewers and collection facilities,
drainage pipes and all other surface and subsurface drainage structures, lines, connecting lines,
access facilities and related equipment, all necessary conduits, valves, vaults, manholes,
ventilators and appurtenances, and any necessary accessories thereto.
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.
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
Grantors in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00206531.DOC
The perpetual easement, right-of-way, rights, and privileges granted herein are exclusive,
and Grantors covenant 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.
Grantors further grant to Grantee:
(a) the right to grade the easement for the full width thereof as necessary to carry out
the purposes of this easement;
(d) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the easement which now or hereafter in the
opinion of Grantee may be a hazard to any the pipeline, valves, appliances or
fittings, by reason of the danger of falling thereon or root infiltration therein, or
which may otherwise interfere with the exercise of Grantee's rights hereunder;
(e) the right to mark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantors shall make of the
easement;
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 Grantors' improvements or other property on the lands;
(c) Grantee shall indemnify Grantors 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.
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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 Grantors do hereby bind themselves, their
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 by, through and under Grantor, but not otherwise.
IN WITNESS WHEREO , Gra tors have caused this instrument to be executed on this
the a day of the month of , 2010.
GRANTOR:
The Board of Directors of the Chisholm Trail
Business Center Condominium Owner's Association, Inc., Trustee
By:
Its:
Acknowledgment
State of Texas §
County of
Th. ns umen was ac owledged before me on this the ___ day of
2010 by , in the capacity and for the consideration and purposes
recited here n.
Y*M**RR*MRR***R*M*R**R***M******R**R**QM**
Rev LAURA J. ANDERSON
I. NOTARY PUBLIC STATE OF TEXAS
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PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO: