CM-11-09-202Item Caption:
CI—II--D6' --2v 2 RECEIVED
OCT 05 2011
City Manager Approval Form
Consider executing a letter agreement with Dorothy Munson for the purchase of a Temporary
Construction Easement and staging area for the City of Round Rock to use in connection with its
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Approval Date: October 7, 2011
Department Name: Legal
Project Manager: Don Childs/Steve Sheets
Assigned Attorney:
Don Childs
Item Summary:
This is a request to consider executing a letter agreement with Dorothy Munson for the purchase of a Temporary Construction
Easement and staging area for the City of Round Rock to use in connection with its southwest downtown road construction
project.
No. of Originals Submitted: 1
Project Name: Southwest Downtown
Cost: $8,634.00
Source of Funds: RR Trans Dev Corp Construction
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: CheryllDelaney Date: 10/5/11
Department Director Approval:
Date:
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑ 111 Budget
111 ❑
N/A OK N/A OK
Purchasing
a❑
Accounting
❑
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
0199.7125/00234334.pdf
REV. 6/20/11
Dorothy Munson
6100 Gena Ct.
Austin, Texas 78757
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Street • Round Rock, TX 78664-5246
Phone 512-255-8877 • fax 512-255-8986
September 26, 2011
Re: City of Round Rock
TCE for southwest downtown construction project
Dear Ms. Munson:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of an additional temporary construction easement and staging area for the
City of Round Rock to use in connection with its southwest downtown road construction
project near your property.
In return for granting an additional temporary construction easement in and to
approximately 31,282 square feet, the City of Round Rock will pay the sum of $8,634
(31,282SF x $6.90/SF x 1% rental rate x 4 months rent). The form of the temporary
construction easement will be as shown in Exhibit "A" attached.
If this meets with your understanding please execute this letter where indicated
and return it to me, and we will have this signed by the city manager and processed 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,
beA,\ C,U4
Don Childs
Sheets & Crossfield, P.C.
00233932.DOC
AGREED:
Dorothy Mun n
Date: - -2,' .ail
CITY OF ROUND ROCK, TEXAS
By:
Steve Norwood
City Manager
Date:,0
2
EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT/STAGING AND STOCKPILING AREA
SOUTHWEST DOWNTOWN CONSTRUCTION PROJECT
KNOW ALL MEN BY THESE PRESENTS:
That DOROTHY MUNSON, hereafter referred to as "Grantor", whether one or more, in
consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the City
of Round Rock, Texas, the receipt of which is hereby acknowledged, does hereby grant to the
City of Round Rock, its agents, contractors, successors and assigns, hereinafter referred to as
"Grantee", a temporary construction easement for the purpose of establishing staging, storage and
stockpiling areas in order to facilitate the construction 'of the Grantee's southwest downtown
roadway improvement project; including, but not limited to the establishment of a construction
trailer, parking for contractors or others working on the project, storage of any and all construction
equipment and materials necessary to carry out the roadway construction activities, stockpiling
and processing of existing embankment fill during construction, as well as any necessary
containers for any such materials. The easement granted herein shall be in, along, upon and
across a portion of the property located in the County of Williamson, State of Texas, being
identified as City of Round Rock, Block 27, Lots 1-3 (WCAD R071466) and as shown in further
detail on Exhibit "A" attached hereto and made a part hereof for any and all purposes.
No hazardous material storage tanks shall be placed within the easement area. Upon request from
Grantor, the limits of the easement area will be fenced with six (6) foot chain link fence or better,
and silt fencing will be placed and maintained at all times around the perimeter area as well. All
gates providing access to the easement area shall be locked when not actually in use by Grantee.
Any existing trees within the easement area will be surrounded by Grantee's standard tree
protection measures in order to prevent and minimize disturbance by vehicles or other materials
within the easement area.
For the consideration above recited and the mutual covenants and conditions herein contained the
parties agree further as follows:
Following completion of work within the temporary construction easement area, if Grantee has
removed or damaged improvements, herbage, or landscaping within said easement area or
otherwise on Grantor's property, Grantee shall at its expense restore any portion of the property
injured by Grantee's activities to substantially the same condition as existed previous to Grantee's
entry upon the particular property. In addition, all fencing in or around the easement area shall be
removed upon completion and all areas will be regarded to match pre-existing conditions as
closely as possible. Grantor's adjacent property shall not be used for access or storage of any kind
other than as shown on Exhibit "A".
All contractors or assigns working within the easement area are deemed to have assumed all of the
Grantee's obligations under this agreement, and shall indemnify and hold Grantor harmless from
any and all causes of action, including but not limited to environmental levies against Grantor
resulting from the activities authorized by this easement.
00233858.DOC
This temporary construction easement shall be in full force and effect at all times during the
accomplishment and completion of the construction activities and project described above. Said
temporary construction easement shall terminate and the easement land area shall revert to the
Grantor, her heirs, and assigns, and all interest conveyed herein shall cease on the 31g day of
December, 2011, or on the date of completion of construction of the roadway activities described
above, whichever occurs first.
IN SS WHEREOF, the parties hereto have executed this instrument on this day of
2011.
GRANTOR:
DOROTHY NSON
STATE OF TEXAS
COUNTY OF �Y
This instrument was acknowledged before me on theme day of
by DOROTHY MUNSON, for the purposes and consideration recited herein.
11NA LANDRY ANISIMOV
Notary Public
STATE OF TEXAS
My Conor Exp. Feb. 20, 2013
, 2011,
Notary Public, State of Te as
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PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
3