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CM-2016-1021 - 1/22/2016Sheets & Crossfield, P.c. ATTORNEYS AT LAW 309 East Main Street . Round Rock, TX 78664-5246 Phone 512-255-8877 . fax 512-255-8986 don@scrrlaw.com December 22, 2015 Jay Floyd Hall Byron Frank Hall Katha Lee Lacy 501 S. Mays Round Rock, Texas 78664 Re: Lake Creek 2 WW Upgrade Project Parcels 5 & 6 Dear Mssrs. Hall and Ms. Lacy: As you are aware, it is necessary for the City of Round Rock ("City") to acquire a Temporary Construction Easement interest across a portion of your ("Owner") property to assist with completion of its proposed Lake Creek 2 Waste Water line upgrades within the existing permanent easement area on your property. In addition, the Owners and City would like to resolve additional easement and possible damage issues in connection with drainage of the City's existing water storage tank facility on the adjacent property to the North which is owned by City. Please allow this letter to set out my understanding regarding our agreement for the City's purchase of a Temporary Construction Easement ("TCE") as we have discussed in our previous correspondence and meetings, as well as payment for resolution of the additional easement and damage claims. By execution of this letter agreement ("Agreement") the parties acknowledge and agree as follows: 1. For the compensation by City as set out herein, Owner agrees to grant City a Temporary Construction Easement ("TCE") for installation of upgrades to its Lake Creek WW line facilities in the adjacent permanent easements held by City. The TCE shall be in the form as shown in Exhibit "A" attached hereto and incorporated herein. The Owners acknowledge and agree that time is of the essence in this transaction and shall execute the TCE document within 7 days from the date of this letter. City agrees to pay Owners the compensation as set out in this agreement within 14 days after full execution of this Agreement. 00348776.DOC 2. For the compensation by City as set out herein, Owner agrees to grant City a permanent surface and subsurface Drainage Easement in order to allow and facilitate drainage from the City's water tank storage facility on the property located at 300 Burnet Street, Round Rock, Texas 78664. The easement shall generally be in the location as shown on Exhibit `B" attached hereto and incorporated herein. The final easement area to be granted shall be completed by metes and bounds survey, at the City's sole cost and expense, prior to recording of the final easement document. The Drainage Easement document shall be in the form as shown in Exhibit "C" attached hereto and incorporated herein. 3. For the compensation by City as set out herein, Owner agrees to release, discharge and hold harmless the City of Round Rock, its employees, agents and assigns for any injury, loss, damage or claim of any kind whatsoever to any portion of the approximately 7.024 acre property located at 501 S. Mays, or any personal property of Owner located thereon, in connection with and and as a result of any drainage or discharge of water from the City's water storage tank facility on the property located at 300 Burnet Street, Round Rock, Texas 78664, which may have accrued or occurred at any time prior to the date of this Agreement. Owner shall execute a release document in the form as shown in Exhibit "D" attached hereto and incorporated herein. 4. For the compensation by City as set out herein, Owner agrees to grant any future Temporary Construction Easements requested in writing by City which are necessary for and in connection with the installation, maintenance, construction, reconstruction or other work by City relating to utility facilities within permanent easement areas held by City upon the 7.024 acre Property of Owner identified herein. 5. As compensation for the grant of easements and release of claims as set out herein, City agrees to pay owners the sum of $24,000. The total compensation shall be paid in an equal pro -rata amount to each of the Owners identified herein. 6. As additional compensation for the agreement of Owners as set out herein, City agrees to cause a recorded release of lien to be filed in the real property records for the existing mowing/labor liens which are recorded in Document Nos. 2012069208, 2013102575, and 2014074498 of the Real Property Records of Williamson County, Texas. The parties further agree that upon completion of the obligations in this Agreement any payments as shown in the lien documents identified in this paragraph, including any interest thereon, shall be considered satisfied and no longer due and owing to City. 7. Upon completion of the TCE transaction as set out herein, City agrees to (a) dismiss the current condemnation suit filed under Cause No. 15 -1757 -CCI, Williamson County, Texas, and (b) caused to be recorded a release of the lis pendens which was filed in connection with the current condemnation lawsuit referenced in this paragraph. 2 If this meets with your understanding then please sign where indicated below, and we will have this formally approved by the City Manager, executed and processed for payment as quickly as possible. The City will assume all costs for recording the easement documents or other related acquisition expenses. Please feel free to contact me at any time if you have any questions or concerns about these issues. Very truly yours, -t:)e'41V C-Ltl& Don Childs Sheets & Crossfield, P.C. AGREED: Jay F1 dH6kI Date: (,—/ 1 - Byron Frank Hall Date: Katha Lee Lacy Date: If this meets with your understanding then please sign where indicated below, and we will have this formally approved by the City Manager, executed and processed for payment as quickly as possible. The City will assume all costs for recording the easement documents or other related acquisition expenses. 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. AGREED: Jay Floyd Hall Date: Byron Frank Hall Date: Katha Lee Lacy Date: If this meets with your understanding then please sign where indicated below, and we will have this formally approved by the City Manager, executed and processed for payment as quickly as possible. The City will assume all costs for recording the easement documents or other related acquisition expenses. 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. AGREED: Jay Floyd Hall Date: Byron Frank Hall Date: Katha Lee Lacy Date: 5 hwuji &X 7t I G CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, Cit anager Date: / '— q-� (a EXHIBIT "A" TO LETTER AGREEMENT TEMPORARY CONSTRUCTION EASEMENT Lake Creek 2 Waste Water Line Upgrade THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That BYRON FRANK HALL, KATHA LEE LACY, and JAY FLOYD HALL and their 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 Texas home -rule municipal corporation (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a Temporary Construction Easement, in, upon, over, under, above and across the following described property of Grantor, to -wit: An approximately 0.201 acre tract of land situated in the Wiley Harris Survey, Abstract No. 298, in Williamson County, Texas; said tract of land being further described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (Parcel 5); and An approximately 0.524 acre tract of land situated in the Wiley Harris Survey, Abstract No. 298, in Williamson County, Texas; said tract of land being further described by metes and bounds in Exhibit `B" attached hereto and made a part hereof (Parcel 6); Such temporary construction easement shall be for the purpose of allowing Grantee, or its agents, to construct, install, maintain, inspect, reconstruct, rebuild, repair, abandon in place, and remove wastewater lines and associated facilities and appurtenances on adjacent property within permanent easement areas held by Grantee, and generally in accordance with the notes, details, specifications or other requirements or restrictions as shown on the plan sheets attached as Exhibit "C" and incorporated herein. 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, shown of record in the office of the County Clerk of Williamson County, Texas. Grantee shall have the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of construction, maintenance, abandonment and/or removal of wastewater line and related improvements in the adjacent permanent easement areas, and for making connections therewith; all upon the condition that upon completion of construction and installation of the improvements, Grantee shall repair, restore, and revegetate the surface of said premises as nearly as is reasonably possible to meet or exceed the condition which the same was in before the work was undertaken. 00348810.DOC/djc At no time during the grant of this easement shall Grantor be denied reasonable driveway ingress and egress to its property for the purposes to which the parent tract is currently being put, unless there is an agreement between Grantor and Grantee in advance. This Temporary Construction Easement shall be for a term of twelve (12) months which shall commence on the date the Grantee, its agents or assigns first take possession of the property for the purposes identified herein. Grantee hereby covenants and agrees: (a) 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. (b) Grantor also retains, reserves, and shall continue to enjoy the surface of such Temporary Construction Easement for any and all purposes which do not interfere with and prevent the use by Grantee of the Temporary Construction Easement. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above-described Temporary Construction Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 201_. [signature pages follow] STATE OF LOUISIANA COUNTY OF GRANTOR: Byron Frank Hall ACKNOWLEDGMENT 5 This instrument was acknowledged before me on this the day of , 201 by Byron Frank Hall, in the capacity and for the purposes and consideration recited therein. Notary Public, State of 3 GRANTOR: Katha Lee Lacy ACKNOWLEDGMENT STATE OF MARYLAND COUNTY OF This instrument was acknowledged before me on this the day of 201_ by Katha Lee Lacy, in the capacity and for the purposes and consideration recited therein. Notary Public, State of Maryland GRANTOR: Jay Floyd Hall ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of , 201_ by Jay Floyd Hall, in the capacity and for the purposes and consideration recited therein. After recording please return to: Notary Public, State of Texas 5 Parcel S EXHIBIT "A" TO TCE 0.201 ACRE FN. NO. 14-353(MJJ) CITY OF ROUND ROCK SEPTEMBER 5, 2014 TEMPORARY CONSTRUCTION EASEMENT BURY NO. R010079580001 DESCRIPTION OF A 0.201 ACRE TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, BEING A PORTION OF THAT CERTAIN 6.83 ACRE TRACT OF LAND CONVEYED TO BYRON FRANK AND KATHY LACY HALL AND JAY HALL BY DEED OF RECORD IN VOLUME 606, PAGE 667 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.201 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod found at the southwesterly corner of Lot 11, Block A, of Dove Creek Section Two, a subdivision of record in Cabinet B, Slide 271 of the Plat Records of Williamson County, Texas, being the northwesterly corner of Lot 10, Block A of Dove Creek Section One, a subdivision of record in Cabinet B, Slide 238 of said Plat Records, being in the easterly line of said 6.83 acre tract, from which a 1/2 inch iron rod found at the northwesterly corner of said Lot 11, bears NO2036106"W, a distance of 157.53 feet; THENCE, N19013'06"W, over and across said 6.83 acre tract and that certain Public Utility Easement of record in Volume 988, Page 559 of said Deed Records, a distance of 26.22 feet to an angle point in the northerly line of said Public Utility Easement of record, for the POINT OF BEGINNING and southeasterly corner hereof; THENCE, S52043'11"W, continuing over and across said 6.83 acre tract, along the northerly line of said Public Utility Easement of record, for the southerly line hereof, a distance of 36.47 feet to the southwesterly corner hereof; THENCE, NO2°37104"W, leaving the northerly line of said Public Utility Easement of record, continuing over and across said 6.83 acre tract for the westerly line hereof, a distance of 297.35 feet to a point in the southerly line of Lot 2, Block B, of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of said Plat Records, being in the northerly line of said 6.83 acre tract, for the northwesterly corner hereof; THENCE, N6800910911E, along said southerly line of Lot 2, Block B, being the northerly line of said 6.83 acre tract, for the northerly line hereof, a distance of 31.77 feet to an angle point in the westerly line of said Public Utility Easement of record, for the northeasterly corner hereof; FN. NO. 14-353(MJJ) SEPTEMBER 5, 2014 PAGE 2 OF 2 THENCE, S02037104"E, leaving the southerly line of said Lot 2, Block B, continuing over and across said 6.83 acre tract, along the westerly line of said Public Utility Easement of record, for the easterly line hereof, a distance of 287.07 feet to the POINT OF BEGINNING, containing an area of 0.201 acre (8,766 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE 4203, UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION (CORS) NETWORK AND REFERENCED TO THE CITY OF ROUND ROCK GPS CONTROL MONUMENTION NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE ESCRIPTION. aC), BURY -AUS, INC.7 JOHN . BILNOS I 221 WEST SIXTH STREET R.P. S . NO. 4998'x° L OJO°Ona00nnnn nn,°nn SUITE 600 STATE OF TEXAS 000°°°0° J01*1 T. BIi_MOSKI AUSTIN, TEXAS 78701 TBPLS # F-10107500 1�'./1,° �1 is Sld, ° O °°°.°°.°° LEGEND LINE TABLE NO. BEARING DISTANCE 1/2" IRON ROD FOUND Ll N19'13'06"W 26.22' A 60 60d NAIL FOUND L2 S52'43'11"W 36.47' P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCMENT LOT 2, BLOCK B LAKE CREEK ADDITION INCLUDING REPLAT OF LOT 4, LAKE CREEK SUBDIVISION CABINET X, SLIDES 353-360 CITY OF ROUND ROCK DOC. NO. 2002003B89 6.83 ACRES BYRON FRANK 2 LACY HALL ck J, VOL. 606, PC jC�11 �111� •W 1j5Z�E. '73 .5r"06 �OOPS�-�PY55 AORo ,1,�F�• o N901, SERA L�N� 0a P AGS 9 4 o�uMti z 0 N L4 J 0 a 0.201 ACRE ---' TEMPORARY to CONSTRUCTION EASEMENT EXISTING P.U.E. (VARIABLE WIDTH)— VOL. 988, PG. 559 L1 �% All 62 51 3 56 06 W LOT 16 BLOCK A B & M SUBMVISION CAB. A. SL. 390 N68'09'09"E 31.77' N 0 N tW v_ 0 A rn N 00 v 0 J LOT 1 BLOCK A G .0��(� N LOT 14 BLOCK LOT 13 BLOCK A LOT 12 \ I BLOCK A 7.5' P,U.E. CAB. B. SLD. 271 Ji 7.5' P.U.E. Imo— CAB. B. SLD. 271 �! I DOVE CREEK, EC. TWO CABINET B, 5L E 27 '( ZO` o v N N W LA o LOT 1 I `' O7 BLOCK A 7.5' P.U.E. CAB. 8, SLD. 238 -__-- r\;� r 0 LLI O P.O.C. z o S r LOT 10 N a BLOCK A L) III N LLI W -1 LnLn 1Ti LLI CQ N LOT 9 'Ll ? BLOCK A U ru ipz {�- ca { 0 { RIDGE CREST LOT a DRIVE BLOCK A (60' R.O.W.) rTNE 60d TASSEYrCAB.A. 5 ET (40' R.O.W.) SION 90 501 100 150 200 1 "=100' vC ns. AN*D' r wig BURY OF A7. 201 ACRE TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, BEING A 221W.stSidhStftl,S.1a000 PORTION OF THAT CERTAIN 6.83 ACRE TRACT OF CITY OF Austin, Tom 78701 LAND CONVEYED TO BYRON FRANK, KATHU LACY ROUND ROCK TBI.EAF-104B TBPS(512)1075M5 HALL, AND JAY HALL BY DEED OF RECORD IN TOP,igh10 40 TBPLSgF-10107500 VOLUME 606, PAGE 667 OF THE DEED RECORDS OF C°py,ighl O 2014 WILLIAMSON COUNTY, TEXAS. DATE:9/05/2014 FILE: H:\100795\001\100795001EX7.DWG I FN No.:FN14-353(MJJ) PRAWN BY: AJM PROJ. No: R010079580001 H:\100795\001\100795001EX7.dvrg Sep 16, 14 10:33 AM by. mroobe Parcel & EXHIBIT "B" TO TCE 0.524 ACRE FN. NO. 14-352(MJJ) CITY OF ROUND ROCK SEPTEMBER 5, 2014 TEMPORARY CONSTRUCTION EASEMENT BURY NO. R010079580001 DESCRIPTION OF A 0.524 ACRE TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, BEING A PORTION OF THAT CERTAIN 6.83 ACRE TRACT OF LAND CONVEYED TO BYRON FRANK AND KATHY LACY HALL AND JAY HALL BY DEED OF RECORD IN VOLUME 606, PAGE 667 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.524 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a TxDOT brass disc in concrete found (Hwy Sta. 88+59.50, 80' RT) at an angle point on the easterly right-of-way line of S. Mays Street, (R.O.W. width varies) same being an angle point on the westerly line of said 6.83 acre tract, from which a 1/2 inch iron rod found at the northwesterly corner of that certain tract of land conveyed to John Allen Frost Sr. and Linda Sue Frost, called Parcel Two, in Deed of record in Document No. 1996037137 of the Official Public Records of Williamson County, Texas, bears S10122'30"E, a distance of 33.68 feet; THENCE, N19019'39"W, along the easterly right-of-way line of S. Mays Street, being the westerly line of said 6.83 acre tract, a distance of 31.57 feet to the POINT OF BEGINNING, for the southwesterly corner hereof; THENCE, N191119139"W, continuing along said easterly right-of-way line of S. Mays Street, being the westerly line of said 6.83 acre tract, a distance of 31.57 feet to the southwesterly corner of that certain Public Utility Easement of record in Volume 988, Page 559 of said Deed Records, for the northwesterly corner hereof; THENCE, leaving said easterly right-of-way line of S. Mays Street, over and across said 6.83 acre tract, along the southerly line of said Public Utility Easement of record, for the northerly line hereof, the following two (2) courses and distances; 1) N74022'42"E, a distance of 368.99 feet to an angle point; 2) N50022156"E, a distance of 312.01 feet to the easterly line of said 6.83 acre tract, being the westerly line of Lot 11, Block A of Dove Creek Section Two, a subdivision of record in Cabinet B, Slide 271 of the Plat Records of Williamson County, Texas, for the northeasterly corner hereof; THENCE, S02035156"E, in part along the westerly line of said Lot 11 and in part along the westerly line of Lot 10, Block A of said Dove Creek Section One, being a portion of the easterly line of said 6.83 acre tract, passing at a distance of 8.42 feet a 1/2 inch iron rod found at the common westerly corner of said Lots 10 and 11, and continuing for a total distance of 37.57 feet to the easternmost southeasterly corner hereof; FN. NO. 14-352(MJJ) SEPTEMBER 5, 2014 PAGE 2 OF 2 THENCE, leaving the westerly line of said Lot 10, over and across said 6.83 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances; 1) S50022156"W, a distance of 279.17 feet to an angle point; 2) S02040120"W, a distance of 70.70 feet to the southerly line of said 6.83 acre tract, being northeasterly corner of the northerly terminus of Tassey Street (40' R.O.W.); THENCE, S73056106"W, along the southerly line of said 6.83 acre tract, being the northerly terminus of said Tassey Street, for a portion of the southerly line hereof, a distance of 40.81 feet to the northwesterly corner of the northerly terminus of said Tassey Street; THENCE, leaving the northerly terminus of said Tassey Street, over and across said 6.83 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances; 1) NO204012011W, a distance of 64.10 feet to an angle point; 2) S74022'42"W, a distance of 346.30 feet to the POINT OF BEGINNING, containing an area of 0.524 acre (22,837 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE 4203, UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION (CORS) NETWORK AND REFERENCED TO THE CITY OF ROUND ROCK GPS CONTROL MONUMENTION NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE ]DESCRIPTION. BURY -AUS, INC. JOHN ./.\BILNOSKI 221 WEST SIXTH STREET R.P.L.S. NO. 4998 SUITE 600 STATE OF TEXAS AUSTIN, TEXAS 78701 TBPLS # F-10107500 F.' nc 000coror. o•,c not :^c. -a onto oc octan l` J01 IN T ULNOSKI 7.- o�rv._ Q -a tif,`ff OF O�,"C) lr 1, r-ss�o e �, �W 13 _�' 11 50 100 150 ii ii ST C k 0{ Ir ti F oU :' c a nnrr •a ..n,, n�. ooao� oo �t f ,lvr Es;al�.rq�C�ryr LINE TABLE P.O.C. TXDOT P.I. STA 88+59.50 (80' RIGHT) LOT 2, BLOCK B LAKE CREEK ADDITION I INCLUDING 1 REPLAT OF LOT 4, LAKE CREEK SUBDIVISION 7.5' P.U.E. CAB. X. SLS. 358-360 CAB. B, SLD. 271 LEGEND ! 0 1 /2" IRON ROD FOUND 13 TxDOT BRASS DISC IN CONCRETE A 60 60d NAIL FOUND I P.0.8. POINT OF BEGINNING P.O.C. POINT OF COMMENCMENT S02'40'20"E 70.70' 6.ci3 ACRES OYRON FRANK cv— i<.'-\) HY EXISTING P.U.E. LACY HALL , JAY HALL (VARIABLE WIDTH) VOL. 988, PG. 559 VOL. 606, PG, 66/ NO. BEARING DISTANCE L1 N19'19'39"W 30.06' L2 S02'35'56"E 37.57' L3 S02'40'20"E 70.70' L4 S73'56'06"W 40.81' L co L L i 0.524 ACRE 9% TEMPORARY CONSTRUCTION EASEMENT 5 NO2'40'20"W 64.10' 6 N19'19'39"W 31.57' 7 S10'22'30"E 33.68' - 36a C39 -------------- 4 �-0 42 E 4'W 346 2 30 57 4 533.�� 06 W P.O.B. Oro �-7 2� 60d �7� Fj6 o z o RAMON OUINONEZ ET AL O PARCEL TWO JOHN ALLEN FROST SR. AND LINDA SUE FROST IDOC. NO. 1996037137 NATALIA k ZHANA SAVITSKAYA GRIGORYEVA DOC. N0. 2012003157 r Ln LOT I BLOCK A S&M ADDITION SECTION 2 A REPLAT OF LOTS F, G. H dC 14OF B&M ADDITION AND 0.135 ACRES OUT OF THE WILEY HARRIS SURVEY IAKA 110 E. NASH) CAB. GG, SL. 16 LOT 16 BLOCK A B 1Y M SUBDIVISION CAB. A. SL. 390— LOT 90 7.5' P.U.E. CAB. B, SLD. 238 LOT 8 BLOCK A DOVE CREEK SEC. ONE CAB. B. SL. 232 LOT 7 BLOCK A DOVE CREEK SEC. ONE CAB. B. SL. 236 LOT 14 de 15 �r0 Qc BLOCK A (%� p B IY M SUBDIVISION O CAB. A. SL. 390 co co 7.5' P.U.E. CAB. B, SLD. 238 LOT 8 BLOCK A DOVE CREEK SEC. ONE CAB. B. SL. 232 LOT 7 BLOCK A DOVE CREEK SEC. ONE CAB. B. 5L. 233 LOT 5 BLOCK A DOVE CREEK SEC. ONE CAB. S. SL. 238 LOT 4 BLOCK A v..r • vW E y r .Z. . yr —N. ' 0F" 6URY OF A 0.524 ACRE TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, BEING A 221 West Sixth Slreel, Su:1e E00 PORTION OF THAT CERTAIN 6.83 ACRE TRACT OF CITY OF Austin, Texas 78701 LAND CONVEYED TO BYRON FRANK, KATHY HALL, Tel. TSPEI2-104ti TB Fax (512)328-0325AND JAY HALL BY DEED OF RECORD IN VOLUME TBP,ightO40 T©PLSttF 10107500 606, PAGE 667 OF THE DEED RECORDS OF Copyright©2014 WILLIAMSON COUNTY, TEXAS. DATE: 9/05/2014 FILE: H:\100795\001\100795001EX6.DWG FN No.:FN14-352(MJJ) DRAWN BY: AJM PROJ. No: R010079580001 li: \100795\001\100795001EX6.dwq Sep 16. 14 10:28 AM bv: mraabe DOVE CREEK SEC. ONE CAB. B. SL. 236 �r0 Qc LOT 6 BLOCK A DOVE CREEK SEC. ONE CAB. B. 5L. 233 LOT 5 BLOCK A DOVE CREEK SEC. ONE CAB. S. SL. 238 LOT 4 BLOCK A v..r • vW E y r .Z. . yr —N. ' 0F" 6URY OF A 0.524 ACRE TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, BEING A 221 West Sixth Slreel, Su:1e E00 PORTION OF THAT CERTAIN 6.83 ACRE TRACT OF CITY OF Austin, Texas 78701 LAND CONVEYED TO BYRON FRANK, KATHY HALL, Tel. TSPEI2-104ti TB Fax (512)328-0325AND JAY HALL BY DEED OF RECORD IN VOLUME TBP,ightO40 T©PLSttF 10107500 606, PAGE 667 OF THE DEED RECORDS OF Copyright©2014 WILLIAMSON COUNTY, TEXAS. DATE: 9/05/2014 FILE: H:\100795\001\100795001EX6.DWG FN No.:FN14-352(MJJ) DRAWN BY: AJM PROJ. No: R010079580001 li: \100795\001\100795001EX6.dwq Sep 16. 14 10:28 AM bv: mraabe EXHIBIT "C" TO TCE p1b 'a jz_ ji xsjpj. - ♦` , \- J __ f'.�-�� -'' _F - `III 1 ��` ♦\` 1`` '--- �,� , L_Ia iso , , i `�'6E � ♦♦ E g- 'p Q� 9•II Y `I I\ ``, 1 t `, p 9 ♦ Elt' r--i—�---k �--r y� jtto `♦♦ it�� d€SII`�-- ' � 1 9 iiE6 � •• , , , --- ------ �4 ; � t° �; � rtl �' � :9 �; � ; f: aE� `y� EEE j,� �• € , % 11 1` `, \` � fE �. i EE • I -a • , E6 • 1 1 i�� Eih I - .' � qro .y''�• ` -i ` II \ � `I i E 1 .E 1 I � i IE\ i_t yr•�"�,. `I � n 'n I` 1 `, \ 1 ima au. wK \\`/ •' ' !#ss•�� \ham i i`Y'� 1\,\5� j C4 �`` \\ ,-A 1 3----1 t-- 1 1 1 / ij 1 ` li - . '' /•€ s,�ris' �:E . E --E F 1 ` 1` -> _ ' - r-- \ ` ,y�°� c [ .• r ' I ' �,_ 1 i `�'' `♦ �-'' �11E ,a� •4 -' ,r ���e'Es" -�. `ii - ` ` I\ � i 1 F-----13 I'-----'�Y �/' ♦\ �` �' \ Y �rl,a° /'.! / b+ �4���,E )1•�� �`\I `I�, `, pis r ---- . 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Mays 7.0204 acres http://maps.roundrocktexas.gov/cityviewlindex.html?xmin=-10873609.20&ymin=3568315... 5/28/2015 EXHIBIT "C" TO LETTER AGREEMENT DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That BYRON FRANK HALL, KATHA LEE LACY, and JAY FLOYD HALL (herein after collectively 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, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual drainage and water tank overflow easement and right-of-way in, upon, over, under, above and across the following described property, to - wit: being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the purposes of surface and sub -surface water overflow conveyance; location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of drainage facilities required to carry such flows, 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. 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 facilities thereon. Grantor further grants to Grantee: (a) the right to grade the easement for the frill width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (b) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, and only in the event that ingress and egress to the easement area is not otherwise available from a public right of way or from other property owned by Grantee; otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantors property which is isolated from the easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any fence, barricade, or other stricture which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantors property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantors property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein; (c) the right of grading for, construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the 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 and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to any pipe, 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, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (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 Grantor 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 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. Grantor hereby dedicates the easement as a drainage and water tank overflow easement for the purposes stated herein. 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 facilities 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. IN WITNESS WHEREOF, Grantors has caused this instrument to be executed on this the day of the month of , 201_ GRANTOR: Byron Frank Hall ACKNOWLEDGMENT THE STATE OF LOUISIANA § COUNTY OF This instrument was acknowledged before me on this the day of , 201 by Byron Frank Hall, in the capacity and for the purposes and consideration recited therein. Signature Printed Name Notary Public, State of Katha Lee Lacy THE STATE OF MARYLAND COUNTY OF This instrument was acknowledged before me on this the day of , 201 by Katha Lee Lacy, in the capacity and for the purposes and consideration recited therein. Signature Printed Name Notary Public, State of M Jay Floyd Hall ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of , 201_ by Jay Floyd Hall, in the capacity and for the purposes and consideration recited therein. Signature Printed Name Notary Public, State of After recording please return to: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 EXHIBIT "D" TO LETTER AGREEMENT RELEASE This Release (hereinafter the "Release") is executed by Byron Frank Hall, Katha Lee Lacy, and Jay Floyd Hall (collectively the "Owners") for the benefit of the City of Round Rock, Texas (the "City"). WHEREAS, the Owners are owners of the approximately 7.024 acre parcel of real property located at 501 S. Mays Street, Round Rock, Texas 78664 (the "Property"); WHEREAS, the City is owner of adjacent property to the north of the Property, also identified as 300 Burnet Street, Round Rock, Texas 78664 whereupon a City -owned water storage tank facility (the "Water Tank") is located; WHEREAS, the Water Tank periodically drains across portions of the Property and into Lake Creek, both above -ground and below -ground; WHEREAS, the Owners have alleged that the drainage of water from the Water Tank onto and through the Property may have burdened or caused damage to the Property, or improvements or personal property of Owner located theron, prior to the date of the Release; NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, and the incorporation of the above Recitals, the parties hereto agree as follows: TERMS 1. The recitals above are incorporated herein. 2. In exchange for consideration from City acknowledged to be received pursuant to that letter agreement between the parties dated December 22, 2015, the Owners agree that they do release, discharge and hold City harmless, and will not bring, commence, institute, or maintain any action at law, proceeding in equity, or claim against the City for damages or relief whatsoever which relates directly or indirectly to, or arises from or is based in whole or in part upon, damages caused by drainage from the Water Tank onto and through the Property which occurred at any time prior to the execution of this Release. 3. Each party covenants and agrees that it and its successors and assigns will execute such further agreements, assurances, waivers, and documents, and otherwise do and perform or cause to be done or performed such further and other acts and things that may be necessary or desirable from time to time in order to give full effect to this Release and every part thereof. 4. This Release shall inure to the benefit of and be binding upon successors and assigns of each of the Parties hereto respectively. 5. Each party hereby represents and warrants that the party has the authority to enter into this Release. 00348781.DOCX 6. This Release shall be governed by and construed and enforced in accordance with the laws of the State of Texas. Venue shall lie in Williamson County, Texas. 7. This Release may be executed in one or more counterparts, all of which together shall be deemed to be one instrument. 8. No waiver of any portion of this Release shall be effective unless made in writing. No waiver of any breach of any provision of the Release shall constitute a waiver of any subsequent breach of the same or any other provision of the Release. 9. If any provision of this Release, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Release, or the application of such provision to persons or circumstances other than those as to which is held invalid, shall not be affected thereby. IN WITNESS WHEREOF, the above has been agreed on this the day of , 201 . OWNERS: Byron Frank Hall Date: Katha Lee Lacey Date: Jay Floyd Hall Date: 2 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a letter agreement with Jay Floyd Hall, Byron Frank Hall, and Katha Lee Lacy regarding acquisition of a temporary construction easement in connection with the Lake Creek 3 WW Project, and other drainage issues affecting the property. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/22/2016 Dept Director: Steve Sheets Cost: Indexes: Attachments: 00349698.PDF, 00350032.PDF Department: Legal Department Text of Legislative File CM -2016-1021 Consider executing a letter agreement with Jay Floyd Hall, Byron Frank Hall, and Katha Lee Lacy regarding acquisition of a temporary construction easement in connection with the Lake Creek 3 WW Project, and other drainage issues affecting the property. The main issue addressed in this letter agreement is the acquisition of a Temporary Construction Easement for the installation of an upgraded waterline in an adjacent, existing permanent easement area. In addition, the proposed compensation is also being paid in part for an agreement to address other issues on the subject property which are unrelated to the Lake Creek WW project, which include the granting of a permanent easement to allow both surface and subsurface conveyance of drainage from the City's water tank located adjacent to the north boundary line of the property, as well as a release of any prior damage done to the property or improvents by such drainage in the past. Staff recommends approval. City of Round Rock Page 1 Printed on 112212016