Loading...
CM-12-02-035Item Caption: C,'-1iDSRECEIVEO FEB167017 City Manager Approval Form Consider executing a letter agreement with the Parrish Gang, Ltd. for a water and wastewater easement. Approval Date: February 17, 2012 Department Name: Legal Project Manager: Jason Rammel Assigned Attorney: Jason Rammel Item Summary: Acquisition of water and wastewater easement for Rockin J Road / E. Old Settlers Boulevard. No. of Originals Submitted: 1 Project Name: Rocking J/Harrell Parkway Water/Wastewater Improvements Cost: $4,000.00 Source of Funds: Self -Financed Water Construction Source of Funds (if applicable): Select Source Fund Account Number: WLO1ROCKJ Finance Director Approval: Cheryl Delaney Date: 2/14/12 Department Director Approval: Date: **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP 111 Budget ❑� n Purchasing El N/A OK N/A OK N/A OK Accounting N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL 00243350.pdf REV. 6/20/11 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 28, 2011 The Parrish Gang, Ltd. Attn: Daniel Parrish 26995 U.S. Highway 281 N. San Antonio, Texas 78260-2117 Via Certified Mail, Return Receipt Requested CMRR# 7008 0150 0002 9859 9540 12-D8-12°12:15 RCVD And Via U.S. Mail, First Class, Postage Prepaid RE: City of Round Rock --Water and Wastewater Easement 0.018 acre (800 square foot) tract of land situated in the Willis Donahoe Survey Abstract No. 173 in Williamson County, Texas, being a portion of that 5.00 acre remainder tract of land conveyed to the Parrish Gang, Ltd. by instrument recorded as Document No. 199968491 of the Official Public Records of Williamson County, Texas Dear Mr. Parrish: I am writing on behalf of the City of Round Rock (the "City). I have received your facsimile dated December 28, 2011. I am glad that we have been able to reach an agreement for the acquisition of the enclosed easement on the above described property (the "Easement"). Please allow this letter to set out our agreement for the City's purchase of the Easement. In return for granting the Easement, the City will pay the Parrish Gang, Ltd. the sum of $4,000.00. If this meets with your understanding, please execute this letter where indicated and return it to me. Please also execute the Easement with a notarized signature and return it to me. Upon receipt of this letter signed by you and the Easement, we will have this letter executed by the City Manager and processed for payment as quickly as possible. I will return copy of the fully executed letter to you. Please feel free to contact me at any time if you have any questions or concerns about this matter. C 02-6,35 Jason M. Rammel AGREED: THE PARRISH GANG LTD. By: By: By: Texas Parhil, LLC, its general partner Daniel Parrish, Managing Member Susan Parrish Managing Member CITY OF ROUND ROCK, TEXAS • By: Steve Norwood, City Manager Enclosures WATER AND WASTEWATER LINE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That The Parrish Gang, Ltd., a Texas limited partnership, whose address is 26995 U.S. Highway 281, San Antonio, Texas 78260 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, and whose mailing address is 221 East Main, Round Rock, Texas 78664, (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water distribution system and water lines and a wastewater system and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: See Exhibit "A" being a 0.018 acre (800 square foot) tract of land situated in the Willis Donahoe Survey Abstract No. 173, in Williamson County, Texas, being a portion of that5.00 acre remainder tract of land conveyed to the Parrish Gang, Ltd. by instrument recorded in Document No.199968491 of the Official Public Records of Williamson County, Texas, said 0.018 acre (800 square foot) tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes; and 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. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the 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 Grantor in the event the said water line and/or wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. The easement, rights and privileges granted herein are exclusive, and Grantor covenants that it will not convey any other easement or conflicting rights within the area 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 of the easement to determine the effect, if any, on the water line and/or wastewater line contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water line and/or wastewater line. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of 00240422.doc 1 Round Rock City Manager at 221 East Main Street, Round Rock, TX 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, TX 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) 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, 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 Grantor's 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 barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) the right of 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; (c) the right to mark the location of the easement by suitable markers; provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement. (d) the right to grade the easement for the full 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; (e) 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 reasonable 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, 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; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement, if other access to the easement is not reasonably adequate; and the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. 2 (h) in addition to the permanent easement area granted above, Grantor also grant Grantee a temporary workspace easement as shown on Exhibit "A". Such temporary easement shall terminate upon completion of construction activities. 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 Grantor's private roads or lanes on the lands; (c) 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. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets,.roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement; provided, however, before constructing any improvements, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. 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 public utility waterline and wastewater line easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above-described 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 5 day of ,20-1-1. o?pj.2. (Signatures on the following page.) 3 GRANTOR: The Parrish Gang Ltd., By: By: . Texas Parhil, LLC its geneyal partner Daniel Parrish, Managing Meiber Susan Parrish Managing Member ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF 6EXR-R This instrument was acknowledged before me on this the 5 day of •/Jf-Nu/7-k-04l 20A byDaniel Parrish Managing, Member of Texas Parhil, LLC, general partner of The Parrish ang, Ltd., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his act and deed for the purposes and consideration therein expressed. 1wa sours u r, Notary Public. State of Texas e+i Conan. Exp. 04-21-14 ‘C ,A4(Adeaed Notar/Public, State of Texas (Acknowledgement on the following page) 4 THE STATE OF TEXAS COUNTY OF ,q004- ACKNOWLEDGMENT This instrument was acknowledged before me on this the 544 day of7 Va1-k€ y , 20/2 by Susan Parrish, Managing Member of Texas Parhil, LLC, general partner of The Parrish Gang, Ltd., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her act and deed for the purposes and consideration therein expressed. - EUGENIA SOUfHWEU. Notary Public. Stats of Tiaras After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 5 NotaryPelbli of Texas 0.018 ACRES Easement 7 EXHIBIT "A" Page 1 of 2 PROPERTY DESCRIPTION DESCRIPTION OF A 0.018 ACRE (800 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHOE SURVEY ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 5.00 ACRE REMAINDER TRACT OF LAND CONVEYED TO THE PARRISH GANG, LTD. BY INSTRUMENT RECORDED DOCUMENT NO. 199968491 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.018 ACRE (800 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point, being the point of intersection of the northerly right-of-way line of Kiphen Road (C.R. 113) (100' right-of-way width), with the easterly right-of-way line of Rocking J Road (50' right-of-way width), also being the southwest comer of said 5.00 acre remainder tract, for the southwest comer of the herein described tract; 1) THENCE, departing said northerly right-of-way line of Kiphen Road, with the easterly right-of-way Zine of said Rocking J Road, samebeing the westerly boundary line of said 5.00 acre remainder tract, N 01°41'14" W for a distance of 20.00 feet to a calculated point, for the northwest corner of the herein described tract and from which a 34' iron rod found being the southwest corner of a 9.21 acre tract of land conveyed to Jerry E. Morris and Kerry B. Morris by instrument recorded in Document No. 2000031344 of the Official Public Records of Williamson County, Texas, same being the northwest corner of said 5.00 acre remainder tract bears N 01°41'14" W at a distance of 463.35 feet; 2) THENCE, departing said easterly right-of-way line, with a line being 2Q feet northerly of and parallel with the southerly boundary line of said 5.00 acre remainder tract and through the interior of said 5.00 acre remainder tract, N 88°30'21" E for a distance of 40.00 feet to a calculated point, for the northeast corner of the herein described tract; 3) THENCE, continuing through interior of said 5.00 acre remainder tract, 8 01°41'14" E for a distance of 20.00 feet to a calculated point, being the northerly right-of-way line of said Kiphen Road, same being the southerly boundary Zine of said 5.00 acre remainder tract, for the southeast corner of the herein described tract; 4) THENCE, with said northerly right-of-way line, same being the southerly boundary line of said 5.00 acre remainder tract, S 88°30'21" W for a distance of 40.00 feet to the POiNT OF BEGINNING, containing 0.018 acres (800 square feet) of land, more or less. NOTE: There is also a 20.00 foot wide Temporary Construction Easement, being adjacent to and parallel with Course two (2) and Course three (3) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That I, M. Stephen Truesdale, 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 HAND AND SEAL at Round Rock,. illiamson County, Texas. M. Stophe True 'dale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 Date EXHIBIT PLAT TO ACCOMPANY DESCRIPTION 0.018 ACRES JERRY E. MORRIS ANO KERRY 9. MORRIS (9.21 ACRES) DOC. NO. 2000031344 0.P.R.W.C.T. — — — 20 0 20 40 SCALE I" = 40' Y! M (0 0 0 LEGEND A CALCULATED POINT 40 1/2" IRON ROD FOUND UNLESS NOTED OTHERWISE Q CAPPED IRON ROD FOUND IE. PROPERTY LINE 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS liter r.l r\ (s)1.•1 1.41 Ih' 1 1 -` l l Lilt 1\ 1 L. .♦ 11111 ii 1 1 i, .1r♦ .4ri i• 1 / , �. t. 1 r, 1 i♦ ; 1\11.1 : 1 it Fi i tr ,? , . a . PROPOSED 20' WIDE TEMPORARY CONSTRUCTION EASEMENT THE PARRISH GANG, LTD. (5.0 ACRE REMAINDER TRACT) DOC. NO. 199968491 0.P.R.W.C.T. --1 EASEMENT 7 L2 ' 0.018 ACRES 800 SQ. FT. L4 EXISTING R.O.W. P.O.B. KIPHEN ROAD (O. R. 13) (100' R.O.W. WIDTH) NOTES: I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL TEXAS ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 0.999880014. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. AS SURVEYED BY: /4,6U/1. M. ST TRI�ESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP NO. BEARING DISTANCE LI N 01°41'14" W 20.00' L2 N 88030121" E 40.00' L3 S 01°41114" E 20.00' L4 S 88°30'21" W 40.00' Of: t M. STEp},(EN YItU1=SDALE 493 vet,. 4 p 4,10 S cv ��� INLAND GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 234-1200,FAX (5121238-1251 EASEMENT 7 0.018 ACRES 800 SQUARE FEET PAGE 2 OF 2