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CM-12-02-030Item Caption: CM -(Z-c) RECr"►VED FFD -. City Manager Approval Form Consider approval of Right of Entry Agreement Approval Date: Department Name: Legal Project Manager: Assigned Attorney: Steve Sheets Item Summary: In order to complete the Brushy Creek Trail System it is necessary to acquire an easement across property owned by John Bolt Harris and his wife Susan Harris. This agreement gives the City the right to enter the Harris's property to survey, appraise and perform studies. No. of Originals Submitted: Two Project Name: Cost: Source of Funds: Brushy Creek Trail System N/A Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 2/7/12 Department Director Approval: Date: **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP Budget El N/A OK N/A O❑K Purchasing El N/A OK Accounting El N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 Item Caption: City Manager Approval Form Consider approval of Right of Entry Agreement Approval Date: Department Name: Legal Project Manager: Assigned Attorney: Steve Sheets Item Summary: In order to complete the Brushy Creek Trail System it is necessary to acquire an easement across property owned by John Bolt Harris and his wife Susan Harris. This agreement gives the City the right to enter the Harris's property to survey, appraise and perform studies. No. of Originals Submitted: Two Project Name: Brushy Creek Trail System Cost: N/A Source of Funds: Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Date: Department Director Approval: Date: a/Li /Z **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP n Budget n I I Purchasing n Accounting n LI N/A OK N/A OK 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 REV. 6/20/11 RIGHT OF ENTRY AGREEMENT AND CONSENT The undersigned, Owner of approximately 104 acres out of the P.A. Holder Survey, Abstract 297, located on the south side of U. S. Highway 79 in Round Rock, Williamson County, Texas, (the "Property"), consents and agrees to allow the City of Round Rock ("City'), its employees, agents and contractors the right to enter upon the Property as per the terms and conditions stated below (the "Agreement"). This right of entry upon the Property is conditioned strictly upon the following: 1. All personnel authorized by the City will carry proper identification and be knowledgeable of the purpose being carried out. 2, The purpose of entry onto the Property by the City will be for (i) surveying,(ii) conducting an appraisal, and (iii) conducting topographical, archaeological, environmental and engineering studies. No core drilling will be allowed. Light shovel work may be undertaken, No other activities are allowed. 3. No fences are to be cut or left down without specific permission of the Owner, The existing public and private roadways, lanes, and clearings will be used, whenever possible, to gain access to those areas where the actual work is to occur. 4. All personnel coming onto the Property in connection with the work contemplated by this Agreement must not unreasonably disturb Owner's farming operations. All gates must be kept closed at all times. 5. Such activities shall be performed only between the hours of 7:00 a.m. and 6:00 p.m. Mondays through Fridays. Prior to conducting any of the above listed activities. City shalt notify the Owner at 512-3274850, 48 hours in advance of conducting any such activity. 6. Access shall be through Owner's existing entrance and along existing roads. The combination to the gate lock at Owner's private railroad crossing in the northeast comer of the Property is 1915. 7. City agrees to indemnify and hold Owner harmless from all costs, claims, losses and/or liens which may arise from the City, its agents, employees and/or agent's activities on the Property. City must return the Property to substantially the same or better condition that is was in when this Agreement is executed and is responsible for all damages caused by its agents and representatives. 8. All activities described above shall be completed on or before May 1, 2012. Where possible, activities will be performed concurrently. City may not enter the Property until Owner has received a fully executed copy of this Agreement. 1 RIGHT OF ENTRY AGREEMENT AND CONSENT EXECUTED to be EFFECTIVE as of the date the last party signs as indicated below: Name: Its: Date: Sk'We VVoYW1Mr1 OWNE: John Boit Harris, et al By: Namyl John Bolt Harris Date: p /a Its: Family Pa ers�iip Manager l / RIGHT OF ENTRY AGREEMENT AND CONSENT The undersigned, Owner of approximately 104 acres out of the P.A. Halder Survey, Abstract 297, located on the south side of U. S. Highway 79 in Round Rock, Williamson County, Texas, (the "Property"), consents and agrees to allow the City of Round Rock (City"), its employees, agents and contractors the right to enter upon the Property as per the terms and conditions stated below (the "Agreement"). This right of entry upon the Property is conditioned strictly upon the following: 1. All personnel authorized by the City will carry proper identification and be knowledgeable of the purpose being carried out, 2. The purpose of entry onto the Property by the City will be for (i) surveying, (ii) conducting an appraisal, and (iii) conducting topographical, archaeological, environmental and engineering studies. No core drilling will be allowed. Light shovel work may be undertaken. No other activities are allowed. 3. No fences are to be cut or left down without specific permission of the Owner. The existing public and private roadways, lanes, and clearings will be used, whenever possible, to gain access to those areas where the actual work is to occur. 4 All personnel coming onto the Property in connection with the work contemplated by this Agreement must not unreasonably disturb Owner's farming operations. All gates must be kept closed at all times. 5. Such activities shall be performed only between the hours of 7:00 a.m. and 6:00 p.m. Mondays through Fridays. Prior to conducting env of the ahove listed activities. City shall notify tut Owner at 512-3274859, 48 hours In advance of conducting any jsch activity. 6. Access shall be through Owner's existing entrance and along existing roads. The combination to the gate lock at Owner's private railroad crossing in the northeast comer of the Property is 1915. 7. City agrees to indemnify and hold Owner harmless from all costs, Claims, losses and/or liens which may arise from the City, its agents, employees and/or agent's activities on the Property. City must return the Property to substantially the same or better condition that is was in when this Agreement is executed and is responsible for all damages caused by its agents and representatives. 8. All activities described above shall be completed on or before May 1, 2012. Where possible, activities will be performed concurrently. City may not enter the Property until Owner has received a fully executed copy of this Agreement. 1 RJt HT Of ENTRY AGEMENT AND CONSENT EXECUTED to be EFFECTIVE as of the date below: City of R• ► • Rock By; ='/ Name: $ Its: A $4 LL l Date: /v4/ s 2 e fast party signs as indicated OWNE • . Jo n Bolt Harris, et al $ By: Nam = f John Bolt Harris Its: Family Pa ers p Manager Date: