Res 2024-109 approving a Right of Way Dedication Agreement with Carma Paso Robles, LLC under which Carma Paso Robles, LLC will dedicate to the City the land needed for a future extension of Centerpoint Road from the Kissing Tree development

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development of Owner's Property and on properties in the surrounding areas, and, therefore, in order to promote long term planning of the comprehensive development of Owner's properties, Owner shall be entitled to rely on the centerline of CR 234 remaining in its current location (with only minor, de minimis adjustments). (b) The City agrees that the CR 234 Improvements will be designed to include at least two access points, as depicted on Exhibit C, more particularly described as follows: (i) one, at -grade access point directly to the main lanes of Centerpoint Road, and (ii) one access point near the east boundary of Owner's Property adjacent to the Union Pacific railroad tracks to provide access to both the Owner's Property and the transmission line easement granted to the Lower Colorado River. Each driveway access shall be designed and constructed in accordance with all applicable state and local regulations. 3. Timing of Dedication. Concurrent with the consideration of this Agreement by the City's City Council, Owner shall deliver to the City an executed, original copy of a dedicatory instrument conveying public right-of-way to the City in a form substantially similar to that template attached hereto as Exhibit D ("Dedication Instrument"). The right-of-way dedication will contain a restriction providing that the Dedication Instrument and any dedication provided in it shall expire, at Owner's option, if the City or any governmental assignee of the City fails to construct and open for public use at least two (2) lanes for the CR 234 Improvements within and for the entire length of the ROW Tract within thirty (30) years of the effective Date of this Agreement. Upon written notice from the Owner of such termination, the ROW Tract shall revert to any abutting parent tracts. Owner shall be entitled to execute and record an affidavit or other instrument in the Hays County Official Public Records evidencing the expiration of the right-of- way dedication under the above circumstances. Upon request of Owner, City shall join in the execution of any recorded instrument confirming that the dedication instrument is expired. 4. Right of Entry. Prior to the recordation of the Dedication Instrument for the ROW Tract, while still under ownership of Owner, Owner hereby grants the City, its employees, agents, consultants, and contractors, a temporary right of entry on the ROW Tract for purposes strictly related to the design and planning of the CR 234 Improvements ("Right of Entry"). The City shall have the right to enter the ROW Tract solely to conduct land and topographical surveying, site inspection, environmental studies, and any other engineering or technical services necessary and directly related to the completion of the design for the CR 234 Improvements. Subject to the terms herein for dedication of the ROW Tract, Owner reserves all rights, titles and interest in and to the ROW Tract. The Right of Entry is granted subject to the following conditions: (a) The City shall perform the purposes of this Right of Entry at reasonable times and at its own risk and expense. The City shall provide written notice to Owner's authorized representative at least two (2) days prior to each entry onto the ROW Tract for the purposes stated herein. Owner reserves the right to have any of its authorized representative(s) be present for any or all operations being performed as a result of the use of this Right of Entry. The City shall not have the right to enter the Owner's Property for any other purpose other than the purposes described herein. (b) The City shall avoid disturbing paved or heavily landscaped areas, and shall, to the extent reasonably possible, only disturb those areas that are not improved. Any digging or