CM-13-011„dorlfr....-
ROUND ROCK. TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing Letter Agreement with Marvin Cressman for
acquisition of a storm sewer easement in connection with the Kenney Fort
Boulevard (Arterial A) Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/29/2013
Dept Director: Steve Sheets
Cost: $10,000.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: 00271050.PDF, 00271076.PDF
Text of Legislative File CM -13-011
City of Round Rock
Page 1 Printed on 3/28/2013
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Street • Round Rock, TX 78664-5246
Phone 512-255-8877 • fax 512-255-8986
March 15, 2013
Dr. Marvin Cressman
Cressman Enterprises, L.P.
3200 E. Palm Valley Blvd.
Round Rock, Texas 78665
Re: City of Round Rock—Kenney Fort Blvd. (Arterial A) Project
Storm Sewer Easement agreement
Dear Dr. Cressman:
As you have been recently discussing with Bill Stablein from the City of Round
Rock ("City") Transportation Department, the City needs to acquire a subsurface storm
water drainage easement interest in a portion of your property as part of the planned
Kenny Fort Blvd. (Arterial A) improvement project.
In return for granting a drainage easement in and to approximately 0.112 acre
(4,863 SF) of your property adjacent to the west side of proposed Kenney Fort Blvd., and
0.027 acre (1,163 SF) adjacent to the east side of proposed Kenny Fort Blvd., the City of
Round Rock will pay the sum of $10,000.00.
The form of the easement granted to the City will be as shown in Exhibit "A"
attached hereto.
If this meets with your understanding please execute this letter where indicated
below, and we will have this signed by the City and process this for payment as quickly
as possible.
00270597.DOC
0121 . 2_22 1
OA -(3-01(
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
AGREED:
CRESSMAN ENTERPRISES, L.P.
BY:hli''�W""
Its: /"% AC -
Very truly yours,
Don Childs
Sheets & Crossfield, P.C.
Date: k4a41-14. al"
CITY OF ROUND ROCK, TEXAS
111
By:
Steven orwood
City Manager
2
EXHIBIT "A" TO LETTER AGREEMENT
3
SUBSURFACE STORM SEWER DRAINAGE EASEMENT
Kenney Fort Boulevard
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That CRESSMAN ENTERPRISES, L.P. and its successors and assigns, ("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
("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto Grantee certain rights and interests in the nature of a perpetual
underground storm sewer drainage easement to construct, install, operate, maintain, inspect,
reconstruct, enlarge, relocate, rebuild, repair, and remove public utility storm sewer drainage
facilities and improvements, together with the express right to maintain the easement area by
clearing and removing vegetation, silt and debris therefrom, in, under and across the following
described property, to -wit:
All of that certain 0.112 acre tract of land, more or less, being located in the P.A.
Holder Survey, Abstract No. 297 in Williamson County, Texas; said 0.112 acre
tract of land being more particularly described by metes and bounds in Exhibit
"A" attached hereto and incorporated herein;
All of that certain 0.027 acre tract of land, more or less, being located in the P.A.
Holder Survey, Abstract No. 297 in Williamson County, Texas; said 0.027 acre
tract of land being more particularly described by metes and bounds in Exhibit
"B" attached hereto and incorporated herein.
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of storm sewer drainage lines,
facilities and related equipment, systems and structures, all necessary conduits, valves, vaults,
manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes
and all other subsurface drainage structures, and any necessary accessories. All storm sewer
facilities of Grantee which are placed within the easement shall be located underground.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the hereinabove 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.
00270310.DOC
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 utilities are 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.
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, but only if ingress and
egress is not otherwise available from an adjacent public right of way.
(b) the right to mark the location of the easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
easement.
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) To the extent allowed by law, 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 drainage ditches
and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like
uses or to dedicate all or any part of the surface of the property affected by this easement to any
city or county for use as a public street, road or alley; 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 amount of soil covering 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.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said public utility storm sewer
facilities; all upon the condition that Grantee will at all times after doing work in connection with
the construction or repair of said facilities restore the surface of said premises as nearly as is
reasonably possible to the condition existing before the work was undertaken.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, 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 on this the
d day of ;V1a4C€i , 2013.
THE STATE OF TEXAS
COUNTY OF
GRANTOR:
CRESSMAN ENTERPRISES, L.P.,
a Texas limited partnership
Its: »4 I
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the day of
, 2013, by , in the capacity and for the purposes
and consideration recited herein.
Notary Public, State of Texas
3
FN14283
March 11, 2013
SAM, Inc. Job No. 32153
FIELD NOTE DESCRIPTION
FOR
DRAINAGE EASEMENT
Drainage Easement 1
DESCRIPTION OF A 0.112 OF AN ACRE TRACT OF LAND (4,863 SQUARE FEET) BEING
LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY,
TEXAS; BEING A PORTION OF THAT CERTAIN 15.99 ACRE TRACT CONVEYED TO
CRESSMAN ENTERPRISES, LP AND DESCRIBED IN WARRANTY DEED OF RECORD IN
DOCUMENT NO. 2003063811 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 0.112 OF AN ACRE TRACT, AS SHOWN ON THE ACCOMPANYING
SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a found 1/2" iron rod at the intersection of the north right-of-way line of State
Highway 79 (a variable width right-of-way) and the east right-of-way line of Arterial 'A' (a variable
width right-of-way), from which a found 5/8" iron rod on the east line of said 15.99 acre tract and
the north right-of-way line of said State Highway 79 bears N 63°44'19" E a distance of 223.97 feet;
THENCE S 67°32'32" W, departing the north right-of-way line of State Highway 79 and over and
across said Arterial 'A' a distance of 219.46 feet to a calculated point on the west right-of-way line
of said Arterial 'A' for the POINT OF BEGINNING and the southeasterly corner of the tract
described herein;
THENCE Over and across said 15.99 acre tract the following three (3) courses and distances:
1) S 63°37'23" W a distance of 10.02 feet to a calculated point;
2) N 22°21'22" W a distance of 488.42 feet to a calculated point on the north line of said
15.99 acre tract;
3) N 87°14'31" E with the north line of said 15.99 acre tract a distance of 10.61 feet to a
calculated point on the west right-of-way line of said Arterial 'A';
Page 1 of 3
FN14283
March 11, 2013
SAM, Inc. Job No. 32153
Drainage Easement 1
THENCE S 22°21'22" E along and with the west right-of-way line of said Arterial 'A' a distance of
484.15 feet to the POINT OF BEGINNING and containing 0.112 of an acre (4,863 square feet) of
land, more or less.
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003.
All distances are surface values.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Paul N. Guerrero, 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 MY HAND AND SEAL at Austin, Travis County, Texas this the 11t day of March, A.D.
SURVEYING AND MAPPING, In
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2of3
t•
Pa I N. G err ro
Registered Professional Land Surveyor
No. 5992 - State of Texas
3/11/1.3
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CALLED 15.99 ACRES
DOC. NO.
2003063811
0.P.R.W.C.TX.
10' DRAINAGE
EASEMENT
0.112 AC.
(4803 SQ. FT.)
100 0 100 200
11111111.111
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GRAPHIC SCALE
WILLIAMSON COUNTY
SCALE: 1" = 100'
CRESSMAN
ENTERPRISES, L.P.
CALLED 15.99 ACRES
DOC. NO. 2003063811
0.P.R.W.C.TX.
LINE TABLE
LINE NO.
BEARING
DISTANCE
L1
S63'37'23"W
10.02'
L2
N87'14'31"E
10.61'
LEGEND
• — IRON ROD FOUND (SIZE NOTED)
A — CALCULATED POINT
P.O.C. — POINT OF COMMENCEMENT
P.O.B. — POINT OF BEGINNING
P.O.R. — POINT OF REFERENCE
0.P.R.W.C.TX. — OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS
NOTE* REFERENCE IS HEREON MADE TO SAM INC. FIELD NOTE
NUMBER FN14283
REVIE BY'
P.O.B.
P.O.C.
1/2"
ail10) Ar4P.1/4100
P.D.R.
5/8"
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPFF,,RRVISION AND THAT THIS PLAT IS
TRUE AND CORRECT TQ THE EST OF MY KNOWLEDGE AND BELIEF.
PAU�•
N. GUERRERO
REGISTERED PROFESSIONAL LAND SURVEYOR
N0. 5992 — STATE OF TEXAS
3 11/13
DATE
JOB NUMBER: 32153
DATEt 03f2013
SCALE: 1 - 100'
SURVEYOR: PC
TECHNICIAN: TN
ORAWINat FN14283.DWG
TRACT IDt NA
PARTYCHIEF: N A
FIELOB00K5: N A
SURVEYING'AERIAL MAPPING'ENGINEERING
0
INC.
4801 SOUTHWEST PARKWAY
BUILDING TWO, SUITE 100
AUSTIN TEXAS. 78735
OFC: (512) 447-0575
FAX: (512) 326-3029
EMAIL: SAMOSAMINCAUS.COM
PROJECT: ARTERWL A DRAINAGE ESMT
SHEET 3
OF 3
OW0. NO.:32153-30.OW0
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MARCH 11. 2013
FN14282
March 11, 2013
SAM, Inc. Job No. 32153
EXHIBIT
1 13
FIELD NOTE DESCRIPTION
FOR
DRAINAGE EASEMENT
Drainage Easement 2
DESCRIPTION OF A 0.027 OF AN ACRE TRACT OF LAND (OR 1,163 SQUARE FEET) BEING
LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY,
TEXAS; BEING A PORTION OF THAT CERTAIN 15.99 ACRE TRACT CONVEYED TO
CRESSMAN ENTERPRISES, LP AND DESCRIBED IN WARRANTY DEED OF RECORD IN
DOCUMENT NO. 2003063811 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 0.027 OF AN ACRE TRACT, AS SHOWN ON THE ACCOMPANYING
SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a found 1/2" iron rod at the intersection of the north right-of-way line of State
Highway 79 (a variable width right-of-way) and the east right-of-way line of Arterial 'A' (a variable
width right-of-way), from which a found 5/8" iron rod on the east line of said 15.99 acre tract and
the north right-of-way Zine of said State Highway 79 bears N 63°44'19" E a distance of 223.97 feet;
THENCE N 31°00'17" W, departing the north right-of-way line of State Highway 79 and with the
east right-of-way line of said Arterial 'A' a distance of 314.76 feet to a calculated point for the
POINT OF BEGINNING and the southwesterly corner of the tract described herein;
THENCE N 31°00'17" W, continuing with the east right-of-way line of said Arterial `A' a distance of
119.03 feet to a calculated point on the north line of said 15.99 acre tract;
THENCE N 87°14'31" E with the north line of said 15.99 acre tract a distance of 11.35 feet to a
calculated point;
Page 1 of 3
FN14282
March 11, 2013
SAM, Inc. Job No. 32153
Drainage Easement 2
THENCE Over and across said 15.99 acre tract the following two (2) courses and distances:
1) S 31°00'17" E a distance of 113.66 feet to a calculated point;
2) S 58°59'43" W a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.027
of an acre (1,163 square feet) of land, more or less.
BEARING BASIS: All bearings are based on a previous survey performed by SAM, Inc. in 2003.
All distances are surface values.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Paul N. Guerrero, 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 MY HAND AND SEAL at Austin, Travis County, Texas this the 11`" day of March, A.D.
SURVEYING AND MAPPING, In
4801 Southwest Parkway
Parkway Two, Suite 100
Austin, Texas 78735
Page 2 of 3
Paul N. &ierrero
Registered Professional Land Surveyor
No. 5992 - State of Texas
Li
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,,1900. '6'-:10.
A
P.O.B.
R
2
R
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10' DRAINAGE
EASEMENT
0.027 AC.
(1188 SQ. 17.)
LINE TABLE
LINE NO.
BEARING
DISTANCE
L1
N87'14'31"E
11.35'
L2
558'59'43"W
10.00'
LEGEND
— IRON ROD FOUND (SIZE NOTED)
A — CALCULATED POINT
P.O.C. — POINT OF COMMENCEMENT
P.O.B. — POINT OF BEGINNING
P.O.R. — POINT OF REFERENCE
0.P.R.W.C.TX. — OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS
NOTE. REFERENCE IS HEREON MADE TO SAM INC. FIELD NOTE
NUMBER FN14282
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND Sy1PERVIS(ON AND THAT THIS PLAT IS
TRUE AND CORRECT BEST OF MY KNOWLEDGE AND BELIEF'.
PA
I'? GUERRERO DATE
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5992 — STATE OF TEXAS
REVIESYW
50
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50 100
GRAPHIC SCALE
WILLIAMSON COUNTY
SCALE: 1" = 50'
jig_ lotoscr:
CRESSMAN
ENTERPRISES, L.P.
CALLED 15.99 ACRES
DOC. NO.
2003063811
0.P.R.W.C.TX.
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JOB NUMBER: 32153
GATE: 02013
SCALE: 1 e 50'
SURVEYOR; PO
TECHNICIAN: TN
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TRACT ID: N/A
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INC.
4801 SOUTHWEST PARKWAY
BUILDING TWO, SUITE 100
AUSTIN TEXAS. 78735
OFc: (512) 41.7-0575
P.m (512) 526-3029
EMAIL: SAMOSAMINCAUS.COM
PROJECT: R
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SHEET 3
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MARCH 11, 2013