CM-12-03-044OM-JZO3--1 RECEIVED
FEB 29 2012
ROUND ROCK, TEXAS City Manager Approval Form
PASSION.PURPOSE
PROSPERITY
Consider executing a Temporary Construction Easement regarding the Union Pacific Project.
Item Caption:
Approval Date: March 2, 2012
Department Name: Legal
Project Manager:
Assigned Attorney:
Steve Sheets
Item Summary:
Union Pacific Railroad ("UPRR") desires to repair a railroad bridge located just west of the intersection of U.S. 79 and Red Bud
Lane (CR 122). UPRR is requesting a Temporary Construction Easement on a small tract of land owned by the City to store
equipment and materials during the repair work. This document grants the Temporary Construction Easement.
No. of Originals Submitted: 2
Project Name: N/A
Cost: N/A
Source of Funds:
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval:
Cheryl Delaney Date: 2/29/12
Department Director Approval: Date:
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP El Budget El n Purchasing E Accounting n n
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
00244112.pdf
REV. 6/20/11
Item Caption:
City Manager Approval Form
Consider executing a Temporary Construction Easement regarding the Union Pacific Project.
Approval Date: March 2, 2012
Department Name: Legal
Project Manager:
Assigned Attorney: Steve Sheets
Item Summary:
Union Pacific Railroad ("UPRR") desires to repair a railroad bridge located just west of the intersection of U.S. 79 and Red Bud
Lane (CR 122). UPRR is requesting a Temporary Construction Easement on a small tract of land owned by the City to store
equipment and materials during the repair work. This document grants the Temporary Construction Easement.
No. of Originals Submitted: 2
Project Name: N/A
Cost: N/A
Source of Funds:
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval:
Department Director Approval:
Date:
Date: (9,$ fL
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑ ❑ Budget
N/A OK
❑ ❑
N/A OK
Purchasing ❑ n 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
00244112.pdf
REV. 6/20/11
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT is made by and
between City of Round Rock (the "Grantor" whether one or more), with an address of
221 E. Main St., Round Rock, TX 78664 and UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation (the "Grantee"), with an address of 1400 Douglas
St., Omaha, Nebraska 68179.
The Grantor, for good and valuable consideration to be paid by the
Grantee to the Grantor, the sufficiency of which is hereby acknowledged, does hereby
GRANT, CONVEY and CONFIRM unto the Grantee, its successors and assigns, a
TEMPORARY CONSTRUCTION EASEMENT in, to, over, along, upon and across the
property located in Williamson County, as more particularly described and shown by red
outline on Exhibit A, attached hereto and made a part hereof (the "Construction Area").
This Temporary Construction Easement is to be used by the Grantee and
its employees, agents, contractors and permittees, for staging equipment as part of
rebuilding the adjacent railroad bridge. The Grantor also hereby grants unto the Grantee
and its employees, agents, contractors and permittees, the right of ingress and egress to
and from the Construction Area for the purpose of exercising the rights herein granted.
The Temporary Construction Easement granted herein shall commence on
the date of this instrument and continue until the Grantee has completed its construction
activities described herein or December 31, 2012, whichever first occurs (the
"Construction Period").
By its acceptance of this instrument, the Grantee agrees to indemnify and
hold harmless the Grantor from and against loss, damages, costs and expenses which may
result from injury to or death of persons or loss of or damage to property when such loss
is due to or arises in connection with or as a result of Grantee's use of the Construction
Area during the Construction Period, except to the extent that the loss is caused by the
negligence of the Grantor.
TO HAVE AND TO HOLD the Construction Area unto .the Grantee, its
successors and assigns, for a Temporary Construction Easement, and the Grantor, for
itself and its successors and assigns, does hereby covenant with the Grantee, its
successors and assigns, that it is lawfully seized of the Construction Area, that the
Construction Area is free from encumbrances, it has the good right and lawful authority
to grant this Temporary Construction Easement, and that it and its successors and assigns,
shall warrant and defend the same unto the Grantee, its successors and assigns during the
term of this Temporary Construction Easement, against the lawful claims of all persons
whomsoever.
1
IN WIT ESS WHEREOF, the Grantor and Grantee have executed this
instrument as of the day of fA oUrcie‘ , 2012.
GRANTOR
CITY OF ROUND ROCK
Steve Norwood, City Manager
GRANTEE
UNION PACIFIC RAILROAD COMPANY
Steve Sand
Director - Acquisitions
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