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CM-2016-1252 - 12/9/2016Sheets-& Crossfield, P.�. ATTORNEYS AT LAW 309 East Main Street . Round Rock, TX 78664-5246 Phone 512-255-8877. fax 512-255-8986 November 9, 2016 VIA HAND DELIVERY Rex M. and Karen M. Mustard 1107 Joyce Lane Round Rock, Texas 78664 Re: 1110 Joyce Lane, Round Rock, Texas Replat Agreement Dear Mr. and Mrs. Mustard: This firm represents the City of Round Rock, Texas (the "City"). Please allow this letter to set out my understanding regarding your agreement with the City for the acquisition of a portion of your property located at 1110 Joyce Lane, Round Rock, Texas 78664 (the "Property"), in exchange for the realignment of a drainage easement. As City Engineer Danny Halden has discussed with you, the Property contains a 100' Drainage Easement and Storm Sewer Drainage Easement (the "D.E. & S.S.D.E.") traversing the Property in a north -south manner (as shown on Exhibit "A" attached to this letter). The City previously intended to utilize the D.E. & S.S.D.E. to construct a drainage channel to convey storm water for the tributary known as Dry Branch. It is my understanding you are agreeable to the realignment of the drainage channel as much as practicable; based on proper engineering design, toward the west boundary of the Property in lieu of being located completely in the D.E. & S.S.D.E. In conjunction with the realigmnent, the City will prepare a Replat to divide the Property into two lots such that the planned realigned drainage channel and any portions of the Property remaining west of the drainage channel will be contained within one lot (proposed Lot "413" as depicted on Exhibit "A") and the balance of the Property will be contained within another lot (proposed Lot "4A" as depicted on Exhibit "A"). In order to effectuate the realignment, you agree to grant the City fee simple title to Lot 4B. You will retain ownership of the property in proposed Lot 4A. The exact boundary between proposed Lot 4A and Lot 4B will be determined by the City. The City will endeavor to establish the boundary line between proposed Lot 4A and Lot 4B in such a manner that proposed Lot 4A will contain not less than 1.5 acres. Proposed Lot 4B &4 _2 ©/4A/2 52_ 365473bk shall contain the wastewater manhole that exists near the south boundary of the Property as approximately shown on Exhibit A. The City will be responsible for all costs associated with preparing the Replat. In addition, the following terms are made part of the agreement: 1. The Storm Sewer and Drainage Easement (7.5' width) along the south boundary of the Property as shown in Document 2005003576 of the Williamson County Official Public Records shall remain. 2. The public utilities easement (15' width) running in a north -south manner through the Property as shown in Volume 1381, pp. 848-850 of the Williamson County Official Public Records shall remain and shall not be modified. 3. All portions of the existing D.E. & S.S.D.E. within the boundaries of proposed Lot 4A will be vacated by the City; the City will prepare and execute vacation instruments as required. 4. A new drainage easement within proposed Lot 413, to contain the re -aligned drainage channel, will be dedicated with the Replat. 5. You will approve the Replat through appropriate signatures and notary acknowledgements on the Replat. 6. You grant the City and/or its contractors right of entry for all parts of the Property west of the D.E. & S.S.D.E for the purposes of testing and surveying related to the re -aligned drainage channel. 7. You grant the City and/or its contractors right of entry to the Property to conduct all surveying necessary for the design of the re -aligned drainage channel, and the Replat. 8. You will grant to the City a temporary construction easement over the Property for the purposes of construction of the re -aligned drainage channel. 9. Within fourteen days of execution of this letter by all parties, you may request an adjustment of the property line between proposed Lot 4A and your property at 1107 Joyce Lane (Lot 5, Joyce Lane Subdivision). Your request must include a clear description of the adjustment requested. Any property line adjustment under this section is within the sole discretion of the City and shall be subject to the City's approval and in conformance with applicable regulations and ordinances. 10. The City will construct a fence as it deems appropriate reasonably close to the boundary between proposed Lots 4A and 4B at its expense. You, your successors and assigns shall be responsible for maintenance of the fence in perpetuity. You grant the City and/or its contractors right of entry to the Property necessary to construct the fence. 11. Excess rock and soil resulting from the re -aligned channel construction not utilized by the City may, at City's option, be placed by the City on proposed Lot 4A and/or your abutting property at 1107 Joyce Lane, if requested by you. You shall establish the limiting boundaries for placement of the excess rock and soil and grant the City and its contractors right of entry to place the excess rock and soil within said limiting boundaries; if no limiting boundaries are established by you, the City will not place excess rock and soil on your property. Depth and location of placement of excess rock and soil shall be subject to the City's 01 approval and the City will not place excess rock or soil in violation of applicable statutes or regulations. If this meets with your understanding please execute this letter where indicated below, and this Agreement will be forwarded to the City Manager for consideration and execution. Upon execution by all parties, the City will move forward with the layout of the re -aligned drainage channel and determining the final boundaries of proposed Lots 4A and 4B. After the metes and bounds are finalized we will prepare a real estate contract for your execution. Please feel free to contact me at any time if you have any questions or concerns about these issues. AGREED: Awit-7w Rex M.us and Date: , 2016 Karen M. Mustard Date: II C) , 2016 CITY OF ROUND ROCK, TEXAS G � AsSkity Manager Date: l , 2016 VeryL urs, I:- : � � Z S f Stephdn L. Sheets City Attorney 3 U O C 70 NO L L.L O N QUA X � � O +' X � O O � 70O aa)) � L O O Z W Q U U J F. •a• O m -Oj C 6 • O NO 1o —1O • O N a N r O N Q • s •X N N UI N • 0 1,00 O nO O U= z 3 O T N i N • W A• P s O co Y CO • �• 4) 00 �• �• a N co •• • r 'r'- 0 �F• N a) N { �• W O Z 'm m r� 0 O iN CD CD 1 .o N LO NM N O O O N 0 0 N f� . c O N N N X O W•, • W O Q U U J F. •a• O m -Oj C 6 • O NO 1o —1O • O N a N r O N Q • s •X N N 'm m r� 0 O iN CD CD 1 .o N LO NM N O O O N 0 0 N f� . c O N N N X O W•, • W W J F. C m O C • NO • O N a N r O N Q • s •X N N Y N • 1,00 nO O U= z 3 z City of Round Rock I OUND ROCK xAS Agenda Item Summary Agenda Number: Title: Consider executing a letter agreement with Rex M. and Karen M. Mustard regarding acquisition of a portion of property located at 1110 Joyce Lane in exchange for the realignment of a drainage easement. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/9/2016 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $0.00 Indexes: Attachments: City&MustardAgreement.pdf, LAF_Letter Agreement 12.1.16.pdf Department: Utilities and Environmental Services Text of Legislative File CM -2016-1252 Consider executing a letter agreement with Rex M. and Karen M. Mustard regarding acquisition of a portion of property located at 1110 Joyce Lane in exchange for the realignment of a drainage easement. Rex and Karen Mustard own the property at 1110 Joyce Lane that encompasses a portion of Dry Branch creek; Dry Branch runs along the east side of the South Creek neighborhood. The portion of Dry Branch creek that extends through the Mustard property is approximately 450 feet in length and channel improvements for this portion are under design through the Dry Branch Tributaries Engineering Services Contract the City currently has with Freese and Nichols, Inc.. Improvements for the creek north and south of the Mustard Property were previously performed with the South Creek development. With the Joyce Lane subdivision, an easement for channel improvements for Dry Branch creek was dedicated across the Mustard property. However, this easement divides the Mustard property in a manner that essentially separates the west part of the property from the east part of the property. This agreement is being made to enable the channel improvements to be re -aligned as far to the west within the Mustard property as practicable to avoid the aforementioned property division. In addition, the agreement outlines the actions that are to be performed by both parties that are necessary to effectuate the channel re -alignment. Staff Recommends Approval City of Round Rock Page 1 Printed on 121812016