CM-13-018ROUND ROCK, TEXAS
.rosE
111N011 PMMPPARY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Easement Contract with Joe Edgar McCann and
Kathy D. McCann.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/5/2013
Dept Director: Michael Thane
Cost: $15,000.00
Indexes: Self -Financed Water Construction
Attachments: LAF. McCann Easement Contract (3-27-13) (00271273)
Text of Legislative File CM -13-018
The Regional Water System - Treated Transmission Line Segment 3 is the final segment required to
deliver Brushy Creek Regional Utility Authority treated water to the City of Round Rock's Water
Distribution System. This 48 -inch potable waterline will be approximately 12,000 linear feet.
Segment 3 will connect on the east end of Treated Waterline Segment 2C at Ronald Reagan
Boulevard and terminate at an existing 48 -inch stub -out at the intersection of C.R. 175 and RM
1431. The goal is to have the construction of this waterline completed by the summer of 2014.
The Segment 3 waterline has been designed to be within an exclusive 30 foot City of Round Rock
Easement. This Easement Contract for $15,000 is for the waterline easement located on the Joe
Edgar McCann and Kathy D. McCann property. See attached map for property location.
City of Round Rock Page 1 Printed on 4/4/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Utilities
Project Mgr/Resource: Michael Thane
F]Council Action:
ORDINANCE
Agenda Wording
Regional Water System -Treated Transmission
Project Name: Line Segment 3
ContractorNendor: NSA
In RESOLUTION
City Manager Approval
CMA Wording
Consider executing an Easement Contract with Joe Edgar McCann and Kathy D. McCann.
Attorney Approval
EAttorney
Notes/Comments
Date 3)27)i3
O:\wdox\SCCInts\0199\01401203-1\MUNICIPAL\00271271.XLS Updated 6/3/08
Segment 3 — Parcel 12
EASEMENT CONTRACT
State of Texas
County of Williamson
THIS EASEMENT CONTRACT ("Contract") is made by and between JOE EDGAR
MCCANN, and KATHY D. MCCANN, a married couple, whose current address is 4000 CR 175,
Leander, Texas 78641, (referred to in this Contract collectively as "Seller", whether one or more)
and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the
terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, the property interests described as follows, which shall be referred to in this Contract as
the "Property":
Waterline easement in, under and across a 0.206 acre (8,973 square foot), tract of land
situated in the Washington Anderson Survey, Abstract No. 15, in Williamson County,
Texas, being a portion of the remainder of that called 3.18 acre tract of land, conveyed to
Joe Edgar McCann, by instrument recorded in Vol. 737, Pg.158, of the Deed Records of
Williamson County, Texas, said 0.206 acre (8,973 square foot) tract of land being more
particularly described in Exhibit "A" attached hereto and incorporated herein for all
purposes;
for the consideration and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of FIFTEEN THOUSAND and
no/100 Dollars ($15,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
1
00270403.doc/jmr
Segment 3 — Parcel 12
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing).
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall have caused the Gracy Title Company ("Title Company") to issue a preliminary
title report (the "Title Commitment") accompanied by copies of all recorded documents relating
to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is
not satisfactory to Purchaser, Seller shall promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser, or shall provide Purchaser with
any assistance reasonably requested as necessary to eliminate or modify such matters.
Miscellaneous Conditions
3.03. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of
Seller's knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants at
sufferance, or trespassers;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under threat of condemnation.
2
Segment 3 — Parcel 12
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Gracy Title Company, 2007 Sam Bass
Road, Round Rock, Texas 78681, on or before the thirtieth day after the effective date of this
Contract, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10
days after the completion of any title curative matters, including partial lien releases,
subordination agreements, or probate issues, if necessary for items as shown on the Title
Commitment (which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Waterline Easement in the
form attached hereto as Exhibit "A" in and to all of the Property described herein, free and clear
of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except
for the following or as stated in the easement document:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring
Purchaser's easement interest in the Property subject only to those title exceptions listed herein,
such other exceptions as may be approved in writing by Purchaser, and the standard printed
exceptions contained in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record;" and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property, unless possession is delivered prior to
that time pursuant to any other provision of this contract.
3
Segment 3 — Parcel 12
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Closing Costs
5.04. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy and survey to be paid by Purchaser.
Easement, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
Attorney's fees paid by each respectively.
ARTICLE VI
MISCELLANEOUS
Notice
6.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of
the party.
Texas Law to Apply
6.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
6.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
4
Segment 3 — Parcel 12
Legal Construction
6.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
6.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
6.06. Time is of the essence in this Contract.
Gender
6.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
6.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
6.09. In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
6.10. This Contract shall be effective as of the date indicated beneath the Purchaser's
signature below.
Restoration of Surface
6.11. Purchaser, upon completion of construction associated with the easement interest
conveyed pursuant to this Contract, shall plant, or shall cause to be planted, a grass seed mixture
to be provided by Seller. In order to establish the grass planted pursuant to this paragraph,
Purchaser shall perform, or shall cause to be performed, the work described in Exhibit "B". The
obligations of Purchaser under this section shall survive closing.
5
Segment 3 — Parcel 12
Clearing on Adjacent Property
6.12. Purchaser agrees to limit clearing on the northern fifty feet of the property
immediately south of the Property (the "Carssow Tract") to the permanent easement area obtained
by Purchaser on the Carssow Tract. The obligations of Purchaser under this section shall survive
closing.
Possession and use agreement
6.13. By signing this Contract, Seller agrees to allow Purchaser to use and possess the
Property for the purpose of constructing and/or improving a waterline and related facilities
thereon, upon full execution of this contract.
SELLER:
oe Edgar McCann
4000 CR 175
Leander, Texas 78641
Date: .3//9 /13
Kathy D. Mc ann
4000 CR 175, Leander
Texas 78641
Date: 3/ (j / 13
PURCHASER:
CITY OF ROJ ND ROCK, TEXAS
411,
By:
Steve Norwood, 'may anager
221 E. Main Street
Roun. ' .ck, Te s 78664
Date: �.� A.5
6
CITY OF ROUND ROCK
WATERLINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That Joe Edgar McCann, and spouse, Kathy D. McCann, whose current address is 4000 CR 175,
Leander, Texas 78641, and his 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 (hereinafter referred
to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, 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 transmission and distribution system and waterlines,
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:
Being a 0.206 acre (8,973 square foot), tract of land situated in the Washington Anderson
Survey, Abstract No. 15, in Williamson County, Texas, being a portion of the remainder of
that called 3.18 acre tract of land, conveyed to Joe Edgar McCann, by instrument recorded
in Vol. 737, Pg.158, of the Deed Records of Williamson County, Texas, said 0.206 acre
(8,973 square foot) tract of land being more particularly described in Exhibit "A" attached
hereto and incorporated herein for all purposes.
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.
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 waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years.
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 waterline contemplated herein. Prior to granting its
consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the
waterline. 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 Round
Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
Enterprise Drive, Round Rock, Texas 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.
00251951.doc
EXHIBIT
I A-
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 opinion of Grantee may
be a hazard to 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;
(f) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement; and
(g) the right to support the pipelines across ravines and watercourses with such structures as
Grantee shall deem necessary.
(h) in addition to the permanent easement area granted above, Grantor also grant Grantee a
temporary construction easement as shown on Exhibit "A". Such temporary construction
easement shall terminate upon completion of construction activities.
2
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 by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility waterline 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 day of
, 2013.
(Signature on the following page)
3
THE STATE OF
COUNTY OF
GRANTOR:
Joe Edgar McCann
Kathy D. McCann
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on this the day of the month of
, 2013, by Joe Edgar McCann, known by me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the
purposes and consideration therein expressed.
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
Notary Public, State of
§
§
§
This instrument was acknowledged before me on this the day of the month of
, 2013, by Kathy D. McCann, known by me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she executed the same in the capacity and for the
purposes and consideration therein expressed.
Notary Public, State of
4
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
5
PARCEL 32 MCCANN Page 1 of 4
COUNTY: WILLIAMSON
EXHIBIT "A"
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.206 ACRE (8,973 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WASHINGTON
ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER
OF THAT CALLED 3.18 ACRE TRACT OF LAND, CONVEYED
TO JOE EDGAR MCCANN, BY INSTRUMENT RECORDED IN
VOL. 737, PG. 158, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.206 ACRE (8,973
SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at an iron rod found with plastic cap stamped "B A", in the existing westerly
right-of-way line of County Road 175 (right-of-way width varies), being the southeast corner
of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman by
instrument recorded in Volume 836, Pg. 853, of the Deed Records of Williamson County,
Texas, same being the northeast corner of said remainder of that called 3.18 acre (McCann)
tract, for the northeast corner of the herein described tract, and from which an iron rod found
with plastic cap stamped "B A" bears, N 23°27'52" W at a distance of 261.64 feet, being an
ell corner in the easterly boundary line of the remainder of that called 36.96 acres (Tract
Three) tract of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar
McCann by probate will of Bernice Borho McCann, and described by instrument recorded in
Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, same being the
northeast corner of said remainder of that called 3.18 acre (Wiseman) tract;
1) THENCE, with said westerly right-of-way line, same being the easterly boundary line
of said 3.18 acres (McCann) tract S 20°53'15" E for a distance of 299.74 feet to an
iron rod found with plastic cap stamped "BA 2713", being the northeast corner of that
called 62.25 acres tract of land conveyed to James Patton Carssow, Frances Lynn
Carssow Adams, and William Benton Carssow, Jr. by instrument recorded in
Document No. 2010000720 of the Official Public Records of Williamson County,
Texas, and also conveyed to Fred Rubin and James Rubin by instrument recorded in
Document No. 2007036401 of the Official Public Records of Williamson County,
Texas, and also conveyed to K & H Investments by instrument recorded in Document
No. 2007036400 of the Official Public Records of Williamson County, Texas; same
being the southeast corner of said 3.18 acres (McCann) tract, for the southeast
corner of the herein described tract;
2) THENCE, departing said westerly right-of-way line, with the common boundary line of
said 62.25 acre tract, and said remainder of that called 3.18 acre (McCann) tract,
S 69°31'12" W for a distance of 30.00 feet to a calculated point, for the southwest
corner of the herein described tract, and from which a 1/2" iron rod found, being the
southeast corner of the remainder of said 36.96 acres tract, same being the
southwest corner of the remainder of said 3.18 acre (McCann) tract bears,
S 69°31'12" W at a distance of 411.44 feet;
PARCEL 32 MCCANN Page 2 of 4
COUNTY: WILLIAMSON
3) THENCE, departing said common boundary line, and through the interior of the
remainder of said 3.18 acres (McCann) tract, N 20°53'15" W for a distance of 298.46
feet to a calculated point, for the northwest corner of the herein described tract, and
from which a 1/2" iron rod found for an ell corner in the easterly boundary line of the
remainder of said 36.96 acres tract, same being the northwest corner of the
remainder of that called 3.18 acres (McCann) tract bears, S 67°03'50" W at a
distance of 410.29 feet;
4) THENCE, with the common boundary line of the remainder of said 3.18 acres
(Wiseman) tract, and the remainder of said 3.18 acres (McCann) tract,
N 67°03'50" E for a distance of 30.02 feet to the POINT OF BEGINNING,
containing 0.206 acres (8,973 square feet) of land, more or Tess.
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, Lawrence M. Russo, 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.
W NESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Q
awrence M. Russo
Registered Professional Land S n'veyor No. 5050
Inland Geodetics, L.P.
Firm Reg. No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
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City of Round Roc
Raw Water Delive
8077-46070
Exhibit "B"
SECTION 02490
LOAMING AND HYDROSEEDING
PART 1: GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, equipment and incidentals required, provide erosion control and place
topsoil, finish grade, apply fertilizer, hydraulically apply seed and mulch, and maintain all seeded areas
as shown on the Drawings and as specified herein, including all areas disturbed by the Contractor.
1.02 RELATED WORK
A. Site Preparation, including clearing, grubbing and stripping, is included in Section 02100.
B. Earthwork, including grading and the stockpiling of topsoil, is included in Section 02200.
1.03 SUBMITTALS
A. Samples of all materials shall be submitted for inspection and acceptance upon Engineer's request.
PART 2: PRODUCTS
2.01 MATERIALS
A. Topsoil shall be fertile, friable, natural topsoil, typical of topsoil of the locality, and shall be obtained
from a well drained site that is free of flooding. It shall�b tana mer ex admixturet of
matter and shallot freeubsoil or slag and e
of stones, lumps, plants or their roots, sticks,clay, P
e site or
delivered to the site or used while in a frozen or muddy
andshall contain not Tosoil as delivered to
3 percent organhc matter
stockpiled shall have pH between 6.0 and ,
as determined by loss of ignition of moisture -free samples dried at 100°C. The topsoil shall meet the
following mechanical analysis:
Percenta a Finer
1 -inch screen opening 100
No. 10 mesh 95 —100
No. 270 mesh 35 — 75
0.002 mm* 5 — 25
* Clay size fraction determined by pipette or hydrometer analysis.
top
B. At least ten (10) days prior to the anticipated start of topsoiling operations, d on tests a one pint sampleperforof by the
material shall be delivered to the Engineer for testing and approval.
Engineer, the topsoil shall be identified as acceptable, acceptable the th ceitrtiinrf andlizerlime egliii a stone
applications, or unacceptable. If the topsoil is found acceptable,e
ents
will be as specified or as recommended by theano her source of topsoilineer. If the land shall iis found ncur al expentable,
CContractor shall be responsible for identifying
n4401 S02490.00c
er23/06
City of Round Rock
Raw Water Delivery System - Pumps
8077-46070
associated with testing additional samples. All topsoil incorporated into the site work shall match the
sample provided to the Engineer for testing. Topsoil stockpiled under other Sections of this Division
may be used subject to the testing and approval outlined above. The Contractor will be responsible for
screening stockpiled topsoil and providing additional topsoil as required at his own expense.
C. Fertilizer shall be commercial mixed free flowing granules or pelleted fertilizer, 10-20-10 (N -P205-
1(20) grade for lawn and naturalized areas. Fertilizer shall be delivered to the site in original unopened
containers each showing the manufacturer's guaranteed analysis conforming to applicable State
fertilizer laws. At least 40 percent of the nitrogen in the fertilizer used shall be in slowly available
(organic) form.
D. Lime shall be ground limestone containing not less than 85 percent calcium and magnesium carbonates
and be ground to such fineness that at least 50 percent shall pass a 100 -mesh sieve and at least
90 percent shall pass a 20 -mesh sieve.
A4401S02490.DOC
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02490-2
City of Round Rock
Raw Water Delivery System - Pumps
8077-46070
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PART 3: EXECUTION
3.01 APPLICATION
A. Unless otherwise shown on the Drawings, topsoil shall be placed to a minimum compacted depth of
6 -inches and seed applied on all disturbed areas of the site not covered with structures, pavement, or
existing woodland. For disturbed areas within the plant fence, seed shall be applied at the rate of five
pounds per 1,000 square feet.
B. For all areas to be seeded:
1. Fertilizer (10-20-10) shall be applied at the rate of thirty pounds per 1,000 square feet or as
determined by the soil test.
2„ As indicated on the Drawings, seed shall be applied at the rates described in Paragraph 2.01.E.
3. Fiber mulch shall be applied at the rate of 40 pounds per 1,000 square feet.
C. The application of fertilizer may be performed hydraulically in one operation with hydroseeding and
fiber mulching. The Contractor is responsible for cleaning all structures and paved areas of
unwanted deposits of the hydroseeded mixture.
3.02 INSTALLATION
A. Previously established grades, as shown on Drawings, shall be maintained in a true and even
condition.
B. Subgrade shall be prepared by tilling prior to placement of topsoil to obtain a more satisfactory bond
between the two layers. Tillage operations shall be across the slope. Tillage shall not take place on
slopes steeper than 2 horizontal to 1 vertical or where tillage equipment cannot be operated. Tillage
shall be accomplished by discing or harrowing to a depth of 9 -inches parallel to contours. Tillage
shall not be performed when the subgrade is frozen, excessively wet, extremely dry or in other
conditions which would not permit tillage. The subgrade shall be raked and all rubbish, sticks, roots
and stones larger than 2 -inches shall be removed. Subgrade surfaces shall be raked or otherwise
loosened immediately prior to being covered with topsoil.
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City of Round Rock
Raw Water Delivery System - Pumps
8077-46070
C. Topsoil shall be placed over approved areas to a depth sufficiently greater than required so that after
natural settlement and light rolling, the complete work will conform to the lines, grades and
elevations indicated. No topsoil shall be spread in water or while frozen or muddy.
D. After topsoil has been spread, it shall be carefully prepared by scarifying or harrowing and hand
raking. All stiff clods, lumps, roots, litter and other foreign material shall be removed from the
topsoiled area and disposed of by the Contractor. The areas shall also be free of smaller stones, in
excessive quantities, as determine by the Engineer. The whole surface shall then be rolled with a
hand roller weighing not more than 100 pounds per foot of width. During the rolling, all depressions
caused by settlement of rolling shall be filled with additional topsoil and the surface shall be regraded
and rolled until a smooth and even finished grade is created.
E. Seeding, mulching and conditioning shall only be performed during those periods within the seasons
which are normal for such work as determined by the weather and locally accepted practice, as
approved by the Engineer. The Contractor shall hydroseed only on a calm day.
F. Schedules for seeding and fertilizing must be submitted to the Engineer for approval prior to the
work. Seeding as specified herein shall be accomplished between the period of March 1 to June 1.
Seeding during the period from October 1 to March 1 shall only be undertaken upon approval of the
Engineer. Seeding during the period from June 1 to October 1 shall only be performed if irrigation is
provided.
G. Seeding shall be done within ten (10) days following soil preparation. Seed shall be applied
hydraulically at the rates and percentages indicated. The spraying equipment and mixture shall be so
designed that when the mixture is sprayed over an area, the grass seed and mulch shall be equal in
quantity to the specified rates. Prior to the start of work, the Contractor shall fumish the Engineer
with a certified statement as to the number of pounds of materials to be used per 100 gallons of
water. This statement shall also specify the number of square feet of seeding that can be covered
with the quantity of solution in the Contractor's hydroseeder. Upon completion of seeding
operations, the Contractor shall furnish the Engineer with a certified statement on the actual quantity
of solution applied.
H. In order to prevent unnecessary erosion of newly topsoiled and graded slopes and unnecessary
siltation of drainageways, the Contractor shall conduct seeding and mulching as soon as he/she has
satisfactorily completed a unit or portion of the project. For the purpose of this project, a unit is
defined as 10,000 square feet. When protection of newly topsoiled and graded areas is necessary at a
time which is outside of the normal seeding season, the Contractor shall protect those areas by
whatever means necessary as approved by the Engineer and shall be responsible for prevention of
siltation in the areas beyond the limit of work.
I. When newly graded subgrade areas cannot be topsoiled and seeded because of season or weather
conditions and will remain exposed for more than 30 days, the Contractor shall protect those areas
against erosion and washouts by whatever means necessary such as straw applied with a tar tack,
wood chips or by other measures as approved by the Engineer. Prior to application of topsoil, any
such materials applied for erosion control shall be thoroughly incorporated into the subgrade by
discing. Fertilizer shall be applied prior to spreading of topsoil.
n4401S02490.DOC
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City of Round Rock
Raw Water Delivery System - Pumps
8077-46070
J. On slopes, the Contractor shall provide against washouts by an approved method. Any washout
which occurs shall be regraded and reseeded at the Contractor's expense until a good sod is
established.
3.03 MAINTENANCE AND PROVISIONAL ACCEPTANCE
A. The Contractor shall keep all seeded areas watered, lawn areas mowed and o� idsed condished
reseeding all seeded areas if and when necessary until a good, healthy, uniform gr
over the entire area seeded and shall maintain all seeded areas in an approved condition until
provisional acceptance.
B. The Engineer will inspect all work for provisional acceptance at the end of the ten (10) week
maintenance period, upon the written request of the Contractor received at least ten (10) days before
the anticipated date of inspection. The maintenance period must occur during the growing season
between March 15 and October 1 and shall include a minimum of three (3) mowings.
C. A satisfactory stand will be defined as a section of turf of 10,000 square feet or larger that has:
1. No bare spots larger than three (3) square feet.
2. No more than ten (10) percent of total area with bare spots larger than one square foot.
3. Not more than fifteen (15) percent of total area with bare spots larger than 6 -inches square.
D. After the inspection has occurred but prior to provisional acceptance, a soil test shall be performed to
determine if additional soil fertilization should occur. If necessary, additional fertilizer (not to
exceed 30 lbs per 1,000 sq.ft. of 20-10-10) shall be applied as directed by the Engineer.
E. The inspection by the Engineer will determine whether maintenance shall continue in any area or
manner.
F. After all necessary corrective work and clean-up has been completed, the Engineer will certify in
writing the provisional acceptance of the lawn areas. The Contractor's responsibility for maintenance
of lawns, or parts of lawns, shall cease on receipt of provisional acceptance.
3.04 GUARANTEE PERIOD AND FINAL ACCEPTANCE
A. All seeded areas shall be guaranteed by the Contractor for not less than one full year from the time of
provisional acceptance.
B. At the end of the guarantee period, inspection will be made by the Engineer upon written request
submitted by the Contractor at least ten (10) days before the anticipated date. Seeded areas not
demonstrating satisfactory stands as outlined above, as determined by the Engineer, shall be
renovated, reseeded and maintained meeting all requirements as specified herein.
C. After all necessary corrective work has been completed, the Engineer shall certify in writing the final
acceptance of the seeded areas.
END OF SECTION
02490-6
A4401 S02490.00C
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