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CM-13-015rCK TEXAS ,r PRORMARY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a letter agreement with Dorothy Munson for a temporary construction easement. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/5/2013 Dept Director: Gary Hudder Cost: $15,922.60 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Letter of Agreement_Munson_SWDT-SS & W. Liberty, Ex. A_Letter of Agreement_Munson_SWDT-SS & W. Liberty Text of Legislative File CM -13-015 The construction contract for Southwest Downtown - San Saba Street an West Liberty Avenue was awarded to Patin Construction Company, LLC by the City Council on January 24, 2013. The Notice to Proceed is April 1, 2013. Ms. Dorothy Munson has agreed to grant the City of Round Rock a temporary construction easement of 31,282 square feet for the staging and stockpiling area. In return, the City has agreed to compensate Ms. Munson $5.09 per square foot to rent this area for ten months at a 1°/0 rental rate. The total cost of this temporary construction easement/staging and stockpiling area would be $15,922.60. Staff recommends approval. City of Round Rock Page 1 Printed on 4/4/2013 Dorothy Munson 6100 Gena Ct. Austin, Texas 78757 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 Re: City of Round Rock TCE for southwest downtown construction project Dear Ms. Munson: Please allow this letter to set out my understanding regarding our agreement for the purchase of a temporary construction easement and staging area for the City of Round Rock to use in connection with its southwest downtown road construction project near your property. In return for granting a temporary construction easement in and to approximately 31,282 square feet, the City of Round Rock will pay the sum of $15,922.60 (31,282SF x $5.09/SF x 1% rental rate x 10 months' rent). The form of the temporary construction easement will be as shown in Exhibit "A" attached. If this meets with your understanding please execute this letter where indicated and return it to me, and we will have this signed by the city manager and processed for payment as quickly as possible. Please feel free to contact me at any time if you have any questions or concerns about these issues. Very truly yours, 00270573.DOC Jason M. Rammel Sheets & Crossfield, P.C. AGREED: Dorothy Munn Date: 2121t4,--4.- /e, c9c'/ 3 CITY OF ROUND ROCK, TEXAS Date: 0 `7/0-0.3 2 TEMPORARY CONSTRUCTION EASEMENT/STAGING AND STOCKPILING AREA SOUTHWEST DOWNTOWN CONSTRUCTION PROJECT KNOW ALL MEN BY THESE PRESENTS: That DOROTHY MUNSON, hereafter referred to as "Grantor", whether one or more, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the City of Round Rock, Texas, the receipt of which is hereby acknowledged, does hereby grant to the City of Round Rock, its agents, contractors, successors and assigns, hereinafter referred to as "Grantee", a temporary construction easement for the purpose of establishing staging, storage and stockpiling areas in order to facilitate the construction of the Grantee's southwest downtown roadway improvement project; including, but not limited to the establishment of a construction trailer, parking for contractors or others working on the project, storage of any and all construction equipment and materials necessary to carry out the roadway construction activities, stockpiling and processing of existing embankment fill during construction, as well as any necessary containers for any such materials. The easement granted herein shall be in, along, upon and across a portion of the property located in the County of Williamson, State of Texas, being identified as City of Round Rock, Block 27, Lots 1-3 (WCAD R071466) and as shown in further detail on Exhibit "A" attached hereto and made a part hereof for any and all purposes. No hazardous material storage tanks shall be placed within the easement area. Upon request from Grantor, the limits of the easement area will be fenced with six (6) foot chain link fence or better, and silt fencing will be placed and maintained at all times around the perimeter area as well. All gates providing access to the easement area shall be locked when not actually in use by Grantee. Any existing trees within the easement area will be surrounded by Grantee's standard tree protection measures in order to prevent and minimize disturbance by vehicles or other materials within the easement area. For the consideration above recited and the mutual covenants and conditions herein contained the parties agree further as follows: Following completion of work within the temporary construction easement area, if Grantee has removed or damaged improvements, herbage, or landscaping within said easement area or otherwise on Grantor's property, Grantee shall at its expense restore any portion of the property injured by Grantee's activities to substantially the same condition as existed previous to Grantee's entry upon the particular property. In addition, all fencing in or around the easement area shall be removed upon completion and all areas will be regarded to match pre-existing conditions as closely as possible. Grantor's adjacent property shall not be used for access or storage of any kind other than as shown on Exhibit "A". All contractors or assigns working within the easement area are deemed to have assumed all of the Grantee's obligations under this agreement, and shall indemnify and hold Grantor harmless from any and all causes of action, including but not limited to environmental levies against Grantor resulting from the activities authorized by this easement. 00270251. DOC This temporary construction easement shall be in full force and effect at all times during the accomplishment and completion of the construction activities and project described above. Said temporary construction easement shall terminate and the easement land area shall revert to the Grantor, her heirs, and assigns, and all interest conveyed herein shall cease on the 1st day of February, 2014, or on the date of completion of construction of the roadway activities described above, whichever occurs first. IN WITNESS WHEREOF, the parties hereto have executed this instrument on this day of , 2013. STATE OF TEXAS COUNTY OF GRANTOR: DOROTHY MUNSON This instrument was acknowledged before me on the day of , 2013, by DOROTHY MUNSON, for the purposes and consideration recited herein. Notary Public, State of Texas 2 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 3 :moJL aL t4 AL Ak Ak AL 'CY.."': 1 +a� !� .2T.' fir`";. °. .x_ '•ls, �a.. . �p y■ s M.� i'^' *}. ,a_ ,• Rte"�. yy,�' D S'.'. r��';':`? } �rff .S a � t �t y�_.