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R-02-01-24-9C8 - 1/24/2002 RESOLUTION NO. R-02-01-24-9C8 WHEREAS, the City desires to convey a temporary right of entry to the Lower Colorado River Authority for the Brushy Creek Wastewater Interceptor Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Temporary Right of Entry Agreement with the Lower Colorado River Authority, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2002 . 4A�&, 4 . I ROBT . STLUKA, JR. , Mayor A T: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre ry ::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R20124C8.WPD/sc January 2, 2002 City of Round Rock Attn: Mr. Steve Sheets 309 E. Main Street Round Rock, Texas 78664 Re: Brushy Creek Wastewater Project, (PROJECT) Contract 21, Tract#04 Lot 9, Heritage Center, Round Rock,Williamson County, Texas (PROPERTY) Dear Mr. Sheets: This letter shall serve as a Temporary Right of Entry agreement the City of Round Rock, Texas, a home rule municipality (OWNER) and the Lower Colorado River Authority (LCRA) in regard to engineering tests to be conducted during the construction of the PROJECT on the PROPERTY as follows: 1. The OWNER agrees to grant temporary surface rights in, upon, and across the PROPERTY to install, locate, operate, maintain, inspect, repair, and remove monitoring equipment used to monitor vibration, settlement, ground water levels and ground movement (MONITORING EQUIPMENT). 2. The location of the MONITORING EQUIPMENT is generally depicted on EXHIBIT "A" attached hereto. 3. The MONITORING EQUIPMENT will be removed and LCRA's surface rights will terminate on the earlier to occur of notice from LCRA that the MONITORING EQUIPMENT has been removed and the holes are plugged or September 30, 2003. The LCRA hereby agrees to provide OWNER with the results of these tests as they are completed and the OWNER agrees to allow these tests on the property. This letter is supplemental to prior (easements and letter agreements executed. Agreed to this "C 4 of AMIJ AR0 y , 2002. Lower Colorado River Authority CITY OF ROUND ROCK, TEXAS, A ho unicipality By: By: Anthony Skeen, Project Manager Name. 1 al Title: DATE: January 17, 2002 SUBJECT: City Council Meeting—January 24,2002 ITEM: *9.C.8. Consider a resolution authorizing the Mayor to execute a Temporary Right-of-Entry Agreement with the Lower Colorado River Authority for the Brushy Creek Wastewater Project. Resource: Jim Nuse,Public Works Director History: This Regional Project was started in 1984. Providing these easements at no cost to LCRA will allow for the completion of the Brushy Creek Regional Wastewater System (Le. Contracts 20 and 21). Funding: Cost: N/A Source of funds: N/A Outside Resources: Lower Colorado River Authority (LCRA) Brazos River Authority(BRA) Impact/Benefit: Allowing for said completion of Regional System,which allows the City to take four (4) existing Lift Stations off line, which will reduce our operation and maintenance costs. Public Comment: LCRA will be handling all easement negotiations as required from private property ownership. Sponsor: N/A