CM-11-01-001''ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing a letter agreement with Tri Dal Real Estate, Ltd. for the acquisition of a
Storm Sewer and Drainage Easement for the Chisholm Trail Road Project (Parcel 1).
January 7, 2011
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 1).
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
00210560.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
December 20, 2010
Via e-mail
Jack. Strube
Chief Financial Officer
Tri Dal Real Estate, Ltd.
540 Commerce
Southlake, Texas 76092
Re: Chisholm Trail expansion project
Additional Drainage Easement—Parcel 1
Dear Mr. Strube:
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 storm water drainage easement in and to approximately
120 SF, Round Rock will pay the sum of $736 (174SF x $4.70/SF x 90% 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 'Tri Dal Real Estate, Ltd., 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,
Don Childs
Sheets & Crossfield, P.C.
G�VI - I t -of-nil
AGREED:
Tri Dal Real Estate, Ltd.
By:
Its: Y! CAC
7 eJ,6e l7- / CFo
City of Round Rock, Texas
r _
By:
CINbY42 . RS ,CPA
Its: AC.TL t €z C trV (Yl ILcW C2EL
2
STORM SEWER AND DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
"A"
KNOW ALL BY THESE PRESENTS:
That TRI DAL REAL ESTATE, LTD., 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 173 square
feet of land, more or less, out of Lot 2, Block A, Chisholm Trail Industrial Park, a
subdivision of record in Cabinet R, Slide 99-10, 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 stonn 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.
00210067.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.
2
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
orany-part- thereof by,- through and under Grantor, but not otherwise:
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed on this
the 'ZV I day of the month of ACciteratet, , 2010.
GRANTOR:
Tri Dal Real Estate, Ltd.
Acknowledgment
State of Texas
County of /wT
This instrument wa acknowledged before me on this the ?OTif day of 2�eetea6e.L ,
2010 by J- 94c b. 7 ,66 , in the capacity and for the consideration and purposes
recited herein.
KERIIEWIS
Notary Public, State of Texas
My Commission Expires
February 11, 2013
3
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:
RECORDED
DOCUMENT
FOLLOWS
111111111111111111111111111111111111111111111111 :s:S
STORM SEWER AND DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
That TRI DAL REAL ESTATE, LTD., 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 173 square
feet of land, more or less, out of Lot 2, Block A, Chisholm Trail Industrial Park, a
subdivision of record in Cabinet R, Slide 99-10, 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.
00210067.DOC
CVOI —11-oi -001
2011004258
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.
2
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 WHEREOF, Grantors have caused this instrument to be executed on this
the 2e Th day of the month of 40,(4-4.0.94P-- 2010.
GRANTOR:
Tri Dal Real Estate, Ltd.
By:
Its: V ce AF410,644 T Cr -"O
Acknowledgment
State of Texas
County of /Q'N1
This instrument was acknowledged before me on this theA74' day of Ar= s,e.-
2010 by dt/L ),J`TX.0/Bfi , in the capacity and for the consideration and purposes
recited herein.
�,,,,
�;s -fe KERI LEWIS
•_' °"- Notary Public, State of Texas
•.,; My Commission Expires
Zit?';� ,r, February 11, 2013
3
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:
EXHIBIT
"A" Page 1 of 3
• Drainage Easement
November 17, 2010
PROPERTY DESCRIPTION FOR PARCEL 1-E, Part 2
DESCRIPTION OF 0.0040 OF ONE ACRE (173 SQUARE FEET) OF -LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK, A SUBDIVISION OF
RECORD IN CABINET R, SLIDE 99-100, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO TRI
DAL REAL ESTATE, LTD., OF RECORD IN DOCUMENT NUMBER 2000051387,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0040 OF
ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with plastic cap at the southeast corner of this tract,
same being in the south line of said Lot 2, and said Tri Dal tract and the north line of Lot
2 of Killgore Subdivision, of record in Cabinet L, Slide 350-351, Plat Records,
Williamson County, Texas, and of that tract described in a deed to Gerald J. Naiser and
Mary Alice Naiser, of record in Document Number 2008083808, Official Public Records,
Williamson County, Texas, from which a 1/2" iron rod found at the southeast corner of
said Lot 2, Chisholm Trail Industrial Park, and said Tri Dal tract and the northeast corner
of said Lot 2, Kilgore Subdivision, and said Naiser tract, same being in the existing east
right-of-way (ROW) line of Chisholm Trail and at the southwest corner of that tract
dedicated as right-of-way, on said plat of Chisholm Trail Industrial Park and the
northwest corner of that tract dedicated to right-of-way on said plat of Kilgore
Subdivision bears N66°18'21"E 2.97 feet;
1) THENCE, with the south line of this tract, said Lot 2, Chisholm Trail Industrial Park,
and said Tri Dal tract and the north line of said Lot 2, Kilgore Subdivision, and said
Naiser tract, S66°18'21"W 10.00 feet to a 1/2" iron rod set with a plastic cap at the
southwest corner of this tract, from which a 1/2" iron rod found at the northwest
corner of said Lot 2, Kilgore Subdivision bears S66°18'21"W 244.96 feet;
2) THENCE, with the west line of this tract, crossing said Lot 2, Chisholm Trail
Industrial Park and said Tri Dal tract, the following two (2) courses, numbered one
through 2;
• 1) N24°10'37"W 17.24 feet to a 1/2" iron rod set with a plastic cap at the
northwest corner of this tract;
EXHIBIT
Page 2 of 3
Drainage Easement
November 17, 2010
2) N65°49'23"E 10.00 feet to a 1/2" iron rod set with a plastic cap at the
northeast corner of this tract, same being in the east line of said Lot 2,
Chisholm Trail Industrial Park, and said Tri Dal tract and the existing west
ROW line of Chisholm Trail and the west line of said dedicated right-of-
way, Chisholm Trail Industrial Park from wTi ch a 112" iron rod found hi
the east line of said Lot 2, Chisholm Trail Industrial Park and said Tri Dal
tract bears N24°10'27"W 50.69 feet and N31°48'40"W 1.84 feet;
3) THENCE, with the east line of this tract, continuing across said Lot 2,
Chisholm Trail Industrial Park and said Tri Dal tract S24°10'27"E 17.32
feet to the POINT OF BEGINNING and containing 0.0040 of one acre
(173 square feet) within these metes and bounds, more or less.
All bearingsare 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
17th day of November, 2010 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. (CTIP 1-E) Issued 11/17/2010
RE: CITY OF ROUND ROCK
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.0040 AC. OR 173 SQ. FT. OF LAND OUT OF
LOT 2, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LINE TABLE
LINE
BEARING
LENGTH
L1
S66.18'21•E
10.00
L2
N24'10'37'Li
17.24
L3
N65'49'23'E
10.00
L4
824'10'27'E
17.32
L5
N66.18'21'E
2.97
L6
N65'51'48'E
17.18
LOT 2, BLOCK A
TRI DAL REAL ESTATE, LTD.
DOC. 2000051387
0.P.R.W.C.
CHISHOLM TRAIL INDUSTRIAL PARK /
CAB. R, SL. 98--100
P.R.W.C.
CITY OF ROUND ROCK
DOC. 2010010876
0.P.R.W.C.
(0.0040 AC.)
U� L.114 �•e spy
•
tk5 251.
LOT 2
�`E71�5
/ y6
tit>
/z,.
/ KILLGORE SUBDIVISION
CAB. L, SL. 350-3M .
P.R.W.C.
LOT 1
GERALD J. KAISER
AND MARY ALICE KAISER
DOC. 2008083808
0.P.R.W.C.
•
•
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
01
1.84
440.00
0014'23"
0.92
N31'48'40"W
1.84
C2
66.36
360.00
10'33'44"
33.28
S26'31'55"E
86.27
(C2)
(66.36)
(360.00)
(10'33'41")
(s24.16'24"E)
(66.27)
(C3)
(81.73)
(440.00)
(10'38'35")
(S2413'57"E)
(81.62)
P.O.B.
\�.
PART 2
0.0040 AC.
173 SQ.FT.....
•
-00
•art
COUNTY ROAD 173
CHISHOLM TRAIL
(R.O.W. VARIES)
•
•
ua%. •
LOT 1, BLOCK A
NORTHWEST PETROLEUM. INC,
DOC. 9648821 O.R.W.C.
RBPLAT OF LOT 3
KILGORE SUBDIVISION
CAB. M, SLIDE 197'
P.R.W.C.
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=3128054.81. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.82 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE .; IT OF AN OWNERSHIP AND EASEMENT
REPORT.
11/17/10
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot is not valid unless an original signature
through on original seal appears on its face. There is a description to
accompony this plat.
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\CTIP2A-P2-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
WILUAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WLUAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 11 17/10
PAGE 3 OF 3
McGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
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 ,.i
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
4
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2011004258
01/19/2011 12:17 PM
MARIA $44.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS