CM-12-09-189RIGHT OF ENTRY AGREEMENT
Creek Bend Blvd. Project --City of Round Rock
Clarence and Mildred Sauls ("Owner") hereby grants to the City of Round Rock, Texas
("City"), its employees, agents, consulting engineers, contractors, sub -contractors or other
representatives of the City, the right to enter upon the below -described real estate, (hereinafter
referred to as the "Property") on or after the date of execution of this agreement, for the specific
purpose of conducting the following activities upon said Property, to -wit;
• Surveying Activities
Up to three survey crews with a maximum of 6 personnel from Inland Geodetics will conduct
surveying activities within the proposed project ROW. A rugged -terrain -vehicle will be used to
minimize impact while maneuvering within dense vegetation. Tree flags and foil number tags will
be placed on trees. The roadway centerline, ROW, 50 -foot cross sections, and bore locations will be
staked. After the roadway centerline is staked, up to 6 personnel from Inland Geodetics, Fugro
Consultants, Atkins Global, and/or the City of Round Rock will conduct a site investigation.
This work will be done within 50 feet of the proposed ROW shown on the attached Exhibit "A",
and will be limited to this area only.
• Geotechnical Investigations
Fugro Consultants will conduct geotechnical investigations for the proposed project ROW. A crew
of 1 to 2 personnel will perform site reconnaissance to determine and stake bore locations and drill
rig access. The locating of bore locations and access will be done in a way which endeavors to
reduce disturbance to the property by using existing cleared areas, trails and driveways. Up to nine
borings will be drilled. DigTESS and City of Round Rock Utility Locators will access the staked
bore locations to determine the presence of utilities. A clearing crew of up to three persons from
Davey Tree using a bulldozer, support truck and chipper unit and hauler will clear 15 -foot wide
horizontal and vertical paths to each boring location for drill rig access where existing paths do not
exist and a 30 -foot diameter and 25 -foot vertical area around bore locations that are not located in
existing cleared areas. Cleared vegetation will be shall be immediately mulched and evenly spread in
the adjacent area on the premises at the expense of City. The drilling will be performed by Fugro
Consultants with a crew of between 4-8 persons, that will use an all -terrain -vehicle drill rig or truck
mounted drill rig along with a water truck and two support vehicles. All bores will be backfilled
before the end of each day and from the time of boring until backfilling, all bores will be left
attended by someone able to prevent animals from falling or stepping into said bores. Some rutting
of the ground could be expected from the trucks if access is required during wet weather. Soil and
rock cuttings will be spread evenly over the ground in the immediate area.
All of the proposed borings are in the proposed ROW shown on the Attached Exhibit "A",
SAULS --Right of Entry Agreement for Creek Bend (SIA 8-19-12) (00253396)
cM- ( 2 -69 (s5
but access across the other parts of the property will be necessary to take advantage of existing
cleared areas, trails and driveways.
Said Property is 197 acres (Tract Three) and 16.5 acres (Tract One), more or less, out of the
David Curry Survey, Abstract No. 130 and the Elisha McDaniel Survey, Abstract No. 441, in
Williamson County Texas, and further described in Volume 608, Page 936 of the Real Property
Records of Williamson County, Texas.
The City, its employees, agents, consulting engineers, contractors, sub -contractors or other
representatives agree to the following:
(1) To reimburse the Owner for any and all damage to any real or personal property of
Owner caused by the negligent actions of the City, its employees, agents, consulting
engineers, contractors, sub -contractors or other representatives, or other actions
outside the scope and purpose of this agreement.
Prior to any entry upon the Property, the City shall provide the amount of $25,000, to
be held in a separate fund maintained in the trust account of Barron & Adler, LLP,
which shall be used to pay any reimbursements according to the provisions in this
agreement. No portion of this money is to be released to either party during the time
that this agreement is in effect without either the written consent of the non -receiving
party, or a court order. If there are no damage claims made or otherwise instituted
within 60 days after the completion date set out in this agreement then any remaining
balance, or in the alternative the amount in excess of any pending claim, shall
immediately be returned to the City. The foregoing notwithstanding, $2,500.00 shall
be paid by Barron & Adler, LLP, out of said deposit, to Owner at the conclusion of
activities under this Agreement as payment for Owner to address any truck tire
rutting, grading repair, and weed issues created by activities under this Agreement.
(2) To not carry firearms onto the Property, nor engage in any hunting activities;
(3) To lock all gates immediately behind entry and immediately behind exit. Gates shall
stay locked while activities are being conducted on the property. No fencing shall be
destroyed or removed in order to gain entry to the Property or for any other purposes;
(4) Any brush or tree trimmings created by City shall be immediately mulched and
evenly spread in the adjacent area on the premises at the expense of City.
(5)
All activities described herein shall be performed only in the areas shown on the
attached Exhibit "A" and as otherwise described herein.
(6) Owner shall be contacted at a designated phone number to be provided by Owner, or
if Owner is not available a message shall be left at that number, 24 hours prior to
SAULS --Right of Entry Agreement for Creek Bend (S1A 8-19-12) (00253396)
(7)
entering the Property for the activities described herein and providing notice of the
entry, and then again immediately upon exit of the Property providing notice of the
exit. In the alternative, Owner shall be provided with written notice of the schedule
and tasks proposed to be conducted on the property prior to the start of each week for
the duration of the Agreement.
To hold Owner harmless and to indemnify Owner for any and all injuries to the City,
its employees, agents, consulting engineers, contractors, sub -contractors or other
representatives, or third parties as a result of the activities of the City, its employees,
agents, consulting engineers, contractors, sub -contractors or other representatives;
(8) The City agrees to return to Owner any and all artifacts found and collected on the
Property by the City, its agents, assigns, employees or contractors. A full and
complete copy of any reports written by the City or its agents, assigns, employees or
contractors or anyone hired by the City as a result of the activities performed on the
Property pursuant to this agreement shall be provided to Owner within 30 days after
the City's receipt of such report. Further, the City agrees to deliver to Owner within
thirty (30) days after this Agreement is signed by all parties hereto, the artifacts and
any reports required to be turned over to Owner pursuant to the earlier Right of Entry
concerning this Property between the parties hereto dated February 22, 2012 (Owner)
and February 26, 2012. Owner confirms that at this point, prior to this Agreement,
no claims shall be made against the $25,000 pursuant to prior Agreement(s).
(9)
The rights granted to City under this Right of Entry agreement shall begin on the date
that the last party to this agreement executes the document, and shall terminate sixty
(60) days after the date of the first entry upon the Property or November 15th, 2012,
whichever is earlier. City will send notification in writing both to Owner and to
Steve Adler at the address stated below, stating the date of the first entry upon the
Property, and said notification will be given no later than (7) days after the City first
enters the Property.
Owner: Mr. and Mrs. Clarence L. and Mildred Sauls
P.O. Box 34
Round Rock, Texas 78680
Mr. Stephen I. Adler
Barron & Adler, L.L.P.
808 Nueces
Austin, Texas 78701
3
By granting this Right of Entry, the Owner does not relinquish any right to be compensated
for either the fair market value of any property ultimately taken by City, nor any damage to the
remainder suffered by Owner as a result of said taking.
Clarence Sauls
Mildred Sauls
Date: q-
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
z.
This instrument was acknowledged before me on the 19-t day of /eii her
2012 by Clarence Sauls and Mildred Sauls for the purposes and consideration recited therein.
DEBORA Y. STEPAN
MY COMMISSION EXPIRES
November 10, 2013
Notary Public, Stat
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CITY OF ROUND ROCK, TEXAS
By:
Steve Norwood
City
Manager
Date: V•2•4•��
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on ��'�i , 2012 by
Steve Norwood, Round Rock City Manager, in the capacity and for the purposes and consideration
recited therein.
1
,y SARA LEIGH WHITE
• '= MY COMMISSION EXPIRES
a11,244, July 11, 2016
1
L.
Notary Public, State of Texas
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