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CM-13-08-136ROUND ROCK TEXAS nJrnw I1.510H RM)S14Arte City of Round Rock Agenda Item Summary Agenda Number: Title: Consider approving the payment of $36,000 to North Mays, Ltd. for a temporary construction easement. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/23/2013 Dept Director: Gary Hudder, Transportation Director Cost: $36,000.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Memorandum -Avery, North Mays Ltd -- TCE (Staging Area) (8-3-13) (00279772) Text of Legislative File CM -13-08-136 North Mays, Ltd. has agreed to grant the City of Round Rock a temporary construction easement covering 1.286 acres, being all of Lot 1, Block A of Riverwalk Subdivision, located at 500 N. Mays Street for the staging and stockpiling area for the SWDT Blair and Bagdad and Mays Street Reconstruction project. The property is valued at $604,944.00 per Williamson Central Appraisal District records. Temporary construction easements are typically valued at one percent of fee (1 %) per month. This would come out to $6,049.94 per month, totaling $108,898.92. North Mays, Ltd. is willing to grant the temporary construction easement to the City for $2,000 per month for a duration of eighteen (18) months, totaling $36,000. Staff Recommends Approval City of Round Rock Page 1 Printed on 8/22/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Transportation Project Mgr/Resource: Leah Coffman nCouncil Action: Southwest Downtown Infrastructure Project Name: Improvements - San Saba and West Liberty Contractor!Vendor: NA ORDINANCE Agenda Wording El RESOLUTION City Manager Approval CMA Wording Consider approving the payment of $36,000 to North Mays, Ltd. for a temporary construction easement. Attorney Approval Attorney Notes/Comments Date 1 L3 O:\wdox\SCCInts\0199\7194-1\MUNICIPAL\00280334.XLS Updated 6/3/08 11111111111111111 111111 1111111 111111 ESMT 3 PGS 2013089769 TEMPORARY CONSTRUCTION EASEMENT/STAGING AND STOCKPILING AREA SOUTHWEST DOWNTOWN CONSTRUCTION PROJECT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That NORTH MAYS, LTD., a Texas limited partnership, whose address is 1508 S. Lamar Blvd., Austin, Texas 78704, 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 fill and other materials during construction, as well as any necessary containers for any such materials. The easement granted herein shall be in, along, upon and across that property described as follows: Lot 1, Block A of Riverwalk Subdivision, a Replat of the East 150 Feet of Block 15 and 16, Anderson Addition to the City of Round Rock, Williamson County Texas as recorded as Document No. 2007034069, Official Public Records of Williamson County, Texas. Following completion of work within the temporary construction easement area, 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 property, unless agreed otherwise by Grantor and Grantee in writing. Grantee shall be responsible for any environmental damage caused by Grantee or its agents and shall remediate any such environmental damage to the greatest extent practicable. 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, beginning September 1, 2013. Said temporary construction easement shall terminate and the easement land area shall revert to the Grantor, its successors, and assigns, and all interest conveyed herein shall cease eighteen (18) months from the date of execution of this instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument on this 61''L• day of P�+gvSr , 2013. North Mays Ltd — TCE (Staging Area) (8-3-13) (00279772) (3) STATE OF TEXAS COUNTY OF /whim § GRANTOR: North Mays, Ltd. a Texas limited partnership By: TXRR, LLC a Texas limited liability company, its general partner By: Manager This instrument was acknowledged before me on the day of %f j , 2013, by John S. Avery, Jr., manager of TXRR, LLC, as general partner of North Mays, Ltd., in the capacity, and for the purposes and consideration recited herein. e• ' DAVID S. HAYS Notary Public, State of Texas ? My Commission Expires OCTOBER 31, 2016 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 Notary Public, State of Texas 2 MEMORANDUM TO: City Manager FROM : Leah Coffman DATE: August 9, 2013 RE: Southwest Downtown Infrastructure Improvements — North Mays, Ltd. Temporary Construction Easement. This is a temporary construction easement covering 1.286 acres, being all of Lot 1, Block A of Riverwalk Subdivision, owned by North Mays, Ltd., located at 500 N. Mays Street, for use as a staging area during construction of the Southwest Downtown improvements for a period of eighteen (18) months. The easement document is attached. The property is valued at $604,944.00 per Williamson Central Appraisal District records. Temporary construction easements are typically valued at one percent of fee (1%) per month. This would come out to $6,049.94 per month, totaling $108,898.92. North Mays, Ltd. is willing to grant the temporary construction easement to the City for $2,000 per month, totaling $36,000.00. By this memorandum, City staff requests approval of payment of the amount of $36,000.00 to North Mays, Ltd. as consideration for the temporary construction easement North Mays, Ltd. has granted to the City. APPROVED: Steve Norwood, City Manager North Mays Ltd - Memo Compensation Recommendation (002803351 CM 1 - C€, 131 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013089769 E.% 09/18/2013 08:44 AM DPEREZ $29.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK 0 221 EAST MAIN STREET ROUND ROCK, TX 78664