CM-14-03-351City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider approving the payment of $4,776.75 to Dorothy Munson for a
temporary construction easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/7/2014
Dept Director: Gary D. Hudder, Transportation Director
Cost: $4,776.75
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: MUNSON--TCE for SWDT Project (2-27-14) (293598xA08F8), City
Council -City Manager Request, Memo Munson Payment Request
(00293607xA08F8)
Department: Transportation Department
Text of Legislative File CM -14-03-351
On April 1, 2013, the City of Round Rock purchased a temporary construction easement from Ms. Dorothy
Munson on her property generally located at the intersection of San Saba and Main Street. This easement was
for the use of Ms. Munson's property as a construction yard site for the San Saba/Liberty construction project,
which is still underway.
The original easement purchased from Ms. Munson expired February 1st, 2014; the construction on this project
is ongoing and is expected to be completed on or about April of this year. Subsequently, it is necessary to
renew this easement for the use of Ms. Munson's property as a construction yard site.
The cost of this extension is $4,776.75, and upon execution this easement will expire April 30, 2014.
Staff recommends approval.
City of Round Rock Page 1 Printed on 3/6/2014
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
[1Council Action:
ORDINANCE
Agenda Wording
Project Name: Southwest Downtown
ContractorNendor: Dorothy Munson
n RESOLUTION
City Manager Approval
CMA Wording
Consider approving a Payment Request Memorandum for a temporary construction easement from Dorothy Munson.
Attorney Approval
Attorney
Notes/Comments
Date
O:\wdox\SCCInts\0199\7125\MUNICIPAL\00294019.XLS Updated 6/3/08
CONFIDENTIAL MEMORANDUM
TO: Finance
FROM: Leah Coffman
RE: Southwest Downtown Improvements — Munson TCE
DATE: March 3, 2014
Project:
Construction of utility improvements in the Southwest Downtown area.
Acquisition:
Temporary construction easement covering 31,282 square feet on property owned by
Dorothy Munson. This is a new temporary construction easement covering property that
was subject to a previous temporary construction easement, which expired on February 1,
2014. New easement will expire April 30, 2014.
Payment request:
$4,776.75, representing rent on the property for 3 months based on the previously agreed
upon rental rate of $1,592.25 per month. The City has occupied the previous temporary
construction easement since its expiration. Three months of rent covers February, March
and April 2014.
Temporary Construction Easement attached. W-9 on file.
s for payme �.
/iL
Steve Norwood, City Manager
CM- v -t -o3-351
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiuiiiIIIIIIIIIII :s:S
2014027017
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.
00293598.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 30th day of
April, 2014, or on the date of completion of construction of the roadway activities described
above, whichever occurs first.
WITNESS WHEREOF, the parties hereto have executed this instrument on this Z QJIday of
, 2014.
STATE OF TEXAS
COUNTY OF`TFQ,U IS
GRANTOR:
DOROTHY MUNSON
07�
This instrument was acknowledged before me on the Z-0 day of
by DOROTHY MUNSON, for the purposes and consideration recited he ein.
TYMBER DHANS
Notary Public
STATE OF TEXAS
My Comm. Exp. 08-28-2015
Notary Public, State of Texas
2
, 2014,
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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
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664
3
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014027017
04/16/2014 02:37 PM
DPEREZ $33.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS