CM-13-12-245ROUND ROCK, TEXAS
MNi! PASSION MAMA,
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing the payment of $9,416.00 to Chisholm/Bass Round
Rock K/C, Ltd. for waterline easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2013
Dept Director:
Michael Thane, Director of Utilities and Environmental Services
Cost: $9,416.00
Indexes: Self -Financed Water Construction
Attachments: Ltr AcceptedOffer_Somerset_ChisholmBassEasement_CM12.06.13,
Easement_Somerset_ChisholmBass_CM 12.06.13,
Memo_Somerset_ChisholmBassEasement_CM 12.06.13,
Map_Somerset_ChisholmBassEasement_CM 12.06.13
Department: Utilities and Environmental Services
Text of Legislative File CM -13-12-245
During a review of the water distribution system in the Chisholm Cove area, the City's water model
indicated an insufficient fire flow for the developed properties in this area . In order to remedy this
deficiency, the City will construct two 8 -inch waterlines that will connect existing dead-end waterlines
between Chisholm Trail and the southbound IH -35 frontage road. Another benefit of this project will
be the elimination of required monthly dead-end line flushing for water quality. A local Consulting
Engineer, S.D. Kallman, L.P., was hired to design, bid, and complete minimal Construction Phase
Services for the City's Utility Department.
It is necessary for the City to acquire a waterline easement on the Chisholm/Bass Round Rock K/C,
Ltd. property for the construction and maintenance of a water distribution line and associated
facilities for use by the public.
As described in the accepted Offer Letter, the value of the easement is $9,416 per the Appraisal
obtained by the City.
Staff recommends approval.
City of Round Rock Page 1 Printed on 12/12/2013
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: Jeff Bell
LJCouncil Action:
ORDINANCE
Agenda Wording
Project Name: Somerset Waterline
ContractorNendor: NIA
RESOLUTION
nCity Manager Approval
CMA Wording
Consider authorizing the payment of $9,416.00 to Chisholm/Bass Round Rock WC, Ltd. for waterline easement.
Attorney Approval
Attorney
Notes/Comments
O:\wdox\SCCInts\0199\1208CHISHOLM\MUNICIPAL\00287605.XLS Updated 6/3/08
MEMORANDUM
TO: City Manager
FROM : Utilities & Environmental Services
DATE: November 22, 2013
RE: Somerset Waterline Improvements - Chisholm/Bass Round Rock K/C,
Ltd.
This is a waterline easement covering 0.028 acres of land out of property located at 1100
N. IH 35, Round Rock, Texas 78681 owned by Chisholm/Bass Round Rock K/C, Ltd.
The easement covers a portion of the north parking lot of the Round Rock West Shopping
Center. The appraised value of the easement is $9,416.00. The landowner has agreed to
convey the easement for the appraised amount. The landowners have executed and
delivered the requested waterline easement.
By this memorandum, City staff requests approval of payment of the amount of
$9,416.00 payable to Chisholm/Bass Round Rock K/C, Ltd. as consideration for the
waterline easement granted to the City.
APPROVED:
Steve Norwood, City Manager
45583ee9-c00c-4405-8dd3-506a79b5b60a.DOC
CM-A3-1a-at45
C CENCOR REALTY SERVICES
Gaty W. Stephens
Assistant General Counsel
gstephensOcenoareafy.com
Via Certified Mail (91 7162 1683 4080 0866 2819)
Return Receipt Requested
November 14, 2013
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664-5246
Attn: Steve Sheets
Re: Waterline Easement
City of Round Rock, Texas
Dear Mr. Sheets:
Enclosed is your accepted offer letter of October 3, 2013, as well as a fully executed and
notarized Waterline Easement for the benefit of the City of Round Rock.
Please return a check in the amount of $9,416.00 to niy attention made out to Chisholm/Bass
Round Rock K/C, Ltd. whose tax id number is 20-4026490.
Please do not hesitate to contact me if you need additional information.
Sincerely,
Gary Stephens, Esq.
Assistant General Counsel
Enclosures:
cc: Kim Fredenburg (w/o enclosures)
Jeff Nebrat (with enclosures)
File (with enclosures)
3102 Maple Avenue Suke 600 Della*, Texas 76201 Maln 2141664.0300 Direct 2141720.3626 Fax 2141963-0860
Censor Reser ,mires Is •a management and development *Nuhn orwMlamn Mnepemem Cooperation. a regional many aorparanon abo does business through
es brokerage dMi on. The Weezm n Group.
/ J
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Street • Round Rock, TX 78664-5246
Phone 512-255-8877 • fax 512-255-8986
October 3, 2013
Chisholm/Bass Round Rock K/C, Ltd.
c/o Cencor Acquisition Company, Ltd.
3102 Maple Ave., Suite 500
Dallas, Texas 75201
Via Certified Mail, Return Receipt Requested
CMRR# 7007 2560 0003 3537 5432
And Via
U.S. Mail, First Class, Postage Prepaid
RE: Waterline Easement covering a 0.028 acre (1,200 square foot), tract of land
situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County,
Texas, being a portion of Lot 2 (1.452 acre) of the Resubdivision of Round
Rock Center West (Revised) recorded in Cabinet E, Slides 68-69 of the Plat
Records of Williamson County, Texas, and conveyed to Chisholm/Bass Round
Rock K/C, Ltd. by instrument recorded in Document No. 2006007781, of the
Official Public Records of Williamson County, Texas.
To whom it may concern:
1 am writing on behalf of the City of Round Rock (the "City). As my previous
correspondence dated June 13, 2013 indicated, the City has determined that it is
necessary to acquire a Waterline Easement over the above-described property for the
construction and maintenance of a water distribution line and associated facilities for
use by the public. The easement that the City seeks to acquire is enclosed (the
"Easement"). Pursuant to Texas Property Code § 21.0111, please be advised that you
may discuss this offer with others or may choose to keep this offer confidential, subject
to the City's obligations under Chapter 552, Texas Government Code.
As its normal procedure, the City would prefer to amicably negotiate the
purchase of this parcel in lieu of expending time and resources through direct legal
action. To further this goal, the City previously offered the amount of $3,295.51 in
exchange for your conveyance of the Easement. This amount was based on the
appraised land value of the above described property according to the Williamson
Central Appraisal District. The City has since obtained an appraisal of the Easement,
which is enclosed (the "Appraisal"). Per the Appraisal, the value of the Easement is
$9,416.00. On behalf of the City, you are hereby offered the amount of $9,416.00 in
exchange for conveyance of the Easement.
The purpose of this letter is to make this offer of purchase to you. If you desire
to accept this offer, please contact me as soon as possible so that we may begin the
necessary steps to close this transaction. If you arc not willing to accept this offer, you
may submit a written request for administrative settlement/counter offer, setting forth a
counteroffer amount and the rationale for such amount. We ask that any such
settlement request be received in writing within 14 days from the date of this letter.
If you do not wish to accept this offer and a negotiated settlement cannot be
reached, or if we do not hear from you with a response to this offer, we will assume that
this offer is unsatisfactory and has been rejected. Be advised that should this offer be
rejected and we cannot reach an agreement for the purchase of the Easement, the City
will likely proceed with a condemnation suit to acquire the property interests required
for this project.
if everything is satisfactory with the offered amount, please let me know so that
we can begin drafting a contract for the purchase of the Easement, and proceed with this
transaction.
Should you have any questions or need any further information, please contact
me at 512-255-8877. 1 look forward to working with you on this matter.
Sincerely,
Jason M. Rammel
Enclosures:
Waterline Easement
Appraisal dated September 25, 2013
('L I
tr /7(
` f
TIIE STATE OF TEXAS
COUNTY OF WILLIAMSON
WATERLINE EASEMENT
§
§
KNOW ALL BY THESE PRESENTS:
That Chisholm/Bass Round Rock K/C, Ltd., a Texas limited partnership, whose current address is
3102 Maple Avenue, Suite 500, Dallas, Texas 75201, and its 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 OP 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 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:
See Exhibit "A" describing a 0.028 acre (1,200 square foot), tract of land situated in the
J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, being a portion of
Lot 2 (1.452 acre) of the Resubdivision of Round Rock Center West (Revised) recorded in
Cabinet E, Slides 68-69 of the Plat Records of Williamson County, Texas, and conveyed to
Chisholm/Bass Round Rock K/C, Ltd. by instrument recorded in Document No.
2006007781, of the Official Public Records of Williamson County, Texas, said 0.028 acro
(1,200 square foot) tract of land being more particularly described in Exhibit "A" attached
hereto and made a part hereof for all intents and purposes hereunto and in any wise
pertaining, showing such easement.
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.
00264928.aoo
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;
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;
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;
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;
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;
(t) 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
alt 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.
heroin.
Grantor hereby dedicates the easement as a public utility waterline easement for the purposes stated
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.
j 44 WITNESS WHEREOF, Grantor has caused this instrument to be executed this //f day of
,20
Notwithstanding any provision contained herein to the contrary, the City after
installation, repair or replacement of the waterline shall repair any damage to
the concrete surface of the parking lot and the Grantor has the right to use the
surface of the easement area for vehicle parking.
(Signatures on the following page.)
3
THE STATE OF TEXAS
COUNTY OF TA
GRANTOR:
CHISHOLM/BASS ROUND ROCK K/C, LTD.
a Texas limited partnership
By: Chisholm/Bass Round Rock One K/C L.L.C.
a Texas limited liability company,
its general partner
By:
By:
arshall Mills,
R acGru Randall E. Woodruff Manager /
By: ii....�
erbert D. Weitzman,
ACKNOWLEDGIINT
§
This instrument was acknowledged before me on this the � � day of the month of
i , 2023, by R. Marshall Mills, Manager, of Chisholm/Bass Round Rock One K/C
L.L. ., general partner of Chisholm/Bass Round Rock K/C, Ltd, a Texas limited partnership, known by
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of and on behalf of said entity and in the capacity and for the
purposes and consideration therein expressed.
4
kbC
a Pu c State
Notary of Texas
PROPOSED
8 INCH WATER LINE
5.
A
SOMERSET
WATER LINE
PROJECT