R-08-01-10-9D1 - 1/10/2008 RESOLUTION NO. R-08-01-10-9D1
WHEREAS, the City desires to acquire 0 . 184 acres of land for the
IH 35/Hesters Crossing project, and
WHEREAS, wells Fargo Bank, N.A. , the owners of the property
( "Owners" ) , have agreed to allow possession of said property to the
City, 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 Right of Entry, Possession and Construction
Easement with Owners, for the use of the above described property, a
copy of said agreement 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 10th day of January, 0
WELL/ Mayor
Ci of Round Rock, Texas
ATTEST-
SARA L. WHITE, City Secretary
0:\wdox\RESOLUTI\R80110D1.WPD/rmc
Ea EXHIBIT
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Hesters Crossing—parcel 5
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
AGEEMENT I
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STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
WHEREAS, WELLS FARGO BANK, N.A., hereinafter referred to as "GRANTOR", �
whether one or more, is the owner of that certain piece, parcel or tract of land in Williamson
County, Texas, being more particularly described by metes and bounds in Exhibit "A", which is
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attached hereto and made a part hereof; and
WHEREAS, CITY OF ROUND ROCK TEXAS "GRANTEE", plans to acquire a fee j
simple interest in the tract(s) of land described in Exhibit "A", whether through contract and
conveyance or through eminent domain proceedings; and
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WHEREAS, the GRANTEE must have possession of said-described tract of land for the
purposes described below, I
Construction of the Hesters Crossing/135 frontage road roadway improvements(Project).
NOW THEREFORE, BE IT KNOWN:
That in consideration of the sum of TWO HUNDRED NINETY THOUSAND TWO
HUNDRED NINETY FIVE AND NO/100 DOLLARS ($290,295.00) paid by the GRANTEE,
the receipt and sufficiency of which are hereby expressly acknowledged, GRANTOR has
GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the
GRANTEE, its employees, agents and assigns an irrevocable right-of-entry,g y, possession, and
construction agreement, with the right of exclusive possession over, upon, and across those tracts
of land described in Exhibit"A". +.
GRANTOR warrants and represents by, through, and under the GRANTOR, but not
otherwise, that the title to the Property is free and clear of all liens and encumbrances on the title j
to the Property, other than those of record, and that any necessary and proper releases will be
executed for the Property prior to funds being disbursed under this agreement. The GRANTOR
further agrees to indemnify the GRANTEE from all unreleased or undisclosed liens, claims or
encumbrances affecting the Property.
It is expressly agreed, acknowledged, and understood that the consideration paid
hereunder shall be credited against, applied towards, and offset from any consideration to be paid
in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of
the award of the Special Commissioners or subsequent judgment in any condemnation I
proceeding for the acquisition of the property interests described in Exhibit "A", and any other
property to be acquired from GRANTOR.
It is expressly agreed, acknowledged, and understood that the rights and privileges herein
granted are assignable and shall be used by the GRANTEE, its employees, agents, and assigns,
for the purposes of entering upon the above-described property, before the closing of the
KAwellsfargoih35parl\O\WELLSFAR(1)--possession and use agreement—Hesters Crossing(00125969).DOC
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contemplated real estate transaction or the acquisition of title through condemnation, and
proceeding with surveying, site review and analysis, utility relocation, actual construction on the
Project, and all manner of preparation and work attendant thereto. Utility relocation, if any, shall I
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include, but not be limited to, the relocation of water and wastewater lines, electrical lines, cable
television lines, telephone lines, gas lines, and their attendant facilities from the existing roadway
right-of-way on the property described in Exhibit"A".
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The GRANTEE, its employees, agents, and assigns shall have the full and exclusive right
to control and use the above-described tracts, including the right to erect and maintain fencing
and traffic and pedestrian control and devices and signs, the right to clear trees and vegetation,
and the right to excavate, trench, fill, and grade the real property itself.
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At no time during the possession of the property by GRANTEE for the purposes
described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from
the remaining property for the current uses of such property.
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The rights and privileges herein granted shall automatically terminate upon the
contemplated closing of the above-described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take temporary
possession of the Property in accordance with this Agreement, GRANTOR does not
waive any legal rights or defenses under the Constitution of the United States, the
Constitution and Statutes of the State of Texas or any other provisions of the law that
GRANTOR may have in connection with the acquisition of any rights to the Property by
the GRANTEE.
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2. That this Right of Entry, Possession, and Construction Agreement is irrevocable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Commissioners award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law
governing possession in a statutory eminent domain case.
3. The date of valuation for purposes of determining the value of the just compensation for
the fee simple rights sought in the Cause shall be the date of final execution by all parties
to this agreement.
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5. This Agreement shall be binding upon the heirs, devisees, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically, Grantee's heirs,
devisees, executors, administrators, legal representatives, successors or assigns are bound
y terms of this agreement which state that the consideration paid hereunder to Grantee
shall be credited against, applied towards, and offset from any consideration to be paid in
satisfaction of an agreed purchase�' p puce under a contract and conveyance or in
satisfaction of the award of the Special Commissioners or subsequent judgment in any
condemnation proceeding for the acquisition of the property described herein, whether
said Grantee is or is not the owner of said property,now or in the future.
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6. The rights and privileges g p g granted herein are exclusive, and GRANTOR covenants that it
will not convey any other easement or conflicting rights within the area covered by this j
grant. This grant shall be binding upon legal representatives, successors, and assigns of
GRANTOR for the term of this grant.
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TO HAVE AND TO HOLD the possession of the above-described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows
of no persons or business entity owns a present possessory interest in the fee title to the above-
described premises other than GRANTOR, and that there are no parties in possession of any
portion of the referenced real property as lessees.
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Executed this the day ofti,_-�•;.-�; , 2007.
GRANTOR:
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WELLS FARGO BANK, A.
By: _
Df��
GRANTEE:
CITY OF ROUND ROCK,TEXAS
By:
NYLE MAXWELL I.
MAYOR' i
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ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF BEXAR
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This instrument was acknowledged before me on this the a day of , 2007
by A. k i
+ �- , for the purposes and consideration recited herein.
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Expires: - My Commission
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CHRISTINE KAYE PURA
?� Notary Public,state of Texas
Nay My Commission Expires
•;rEOF�E:�` October 31, 2011 !
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STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of
2008 by Nyle Maxwell, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
After recording return to:
Don Childs
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
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Page 1 of 4
EXHIBIT �<
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County: Williamson
Parcel No.: 1
Highway: I.H.35
Limits: From:Nesters Crossing Road(Along La.Frontera Development) j
To:Sundance Parkway f
CSJ: 0015-09-
PROPERTY DESCRIPTION FOR PARCEL 1
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DESCRIPTION OF A 0.184 ACRE (7,994 SQUARE FOOT) TRACT OF LAND SITUATED 1N THE
JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 1, CHISHOLM VALLEY SOUTH SECTION 2 ACCORDING TO THE PLAT THEREOF
RECORDED 1N CABINET E, SLIDES 1-2 OF THE PLAT RECORDS OF WILLIAMSON COUNTY
TEXAS, AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO FIRST STATE BANK
OF TEXAS BY INSTRUMENT RECORDED IN DOCUMENT NO. 9917255 OF THE OFFICIAL +
RECORDS OF WILLIAMSON COUNTY,TEXAS, SAID 0.184 ACRE(7,994 SQUARE FOOT)TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: j
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BEGINNING FOR REFERENCE at a found 1/2„ iron rod with plastic cap, 380.24 feet right of proposed
I.H.35 southbound frontage road baseline station 1422+93.83, being the southwesterly corner of said Lot
1, Chisholm Valley South Section 2 and an interior ell corner in the northerly boundary line of Lot 1,
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Resubdivision Chisholm Valley South Section Five according to the plat thereof recorded in Cabinet G,
Slide 178 of the Plat Records of Williamson County,Texas;
THENCE,with the common boundary line of said Lot 1,
Chisholm Resubdivision Chisholm Valley South Section Five, N29°12(5" W ora distance outh oof 172.54 feet to n 2 and said of a
set TxDOT Type it monument in the proposed southerly right-of-way line of Hesters Crossing Road,
398.14 feet right of proposed I.H_ 35 southbound frontage road baseline station 1421+68.39, being the j
southwesterly corner and POINT OF BEGINNING of the herein described tract;
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1) THENCE, continuing with said common boundary line, N 29°12'55"W for a distance of 2.40 feet
to a found 1/2°iron rod with plastic cap(to be replaced with TxDOT Type II monument), in the the
existing southerly right-of-way line of Hesters Crossing Road (80 foot right-of-way width), as .
dedicated by said plat recorded in Cabinet E, Slides 1-2 of the Plat Records of Williamson �.
County, Texas, 398.53 feet right of proposed I.H. 35 southbound frontage road baseline station
1421+66.67, being the northwesterly corner of said Lot 1, Chisholm Valley South Section 2 and
an exterior ell corner in.the northerly boundary line of said Lot 1, Resubdivision Chisholm Valley
South Section Five, and being the northwesterly corner of the herein described tract;
THENCE, with the northerly boundary line of said Lot 1, Chisholm Valley South Section 2, same being
said existing southerly right-of-way line of Hesters Crossing Road,the following two(2)courses:
2) N 60050'38" E for a distance of 314.92 feet to a calculated point, being an angle point in the
northerly boundary line of the herein described-tract;
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3) S 82°32'05' E for a distance of 75.00 feet to a calculated point in the easterly boundary line of
said Lot 1, Chisholm Valley South Section 2,same being the existing westerly right-of-way line of
I.H. 35 (right-of-way width varies), being the northeasterly comer of the herein described tract
from which a found 1/2"iron rod with plastic cap bears N 82°32'05'W,a distance of 0.26 feet;
4) THENCE, with the easterly boundary line of said Lot 1, Chisholm Valley South Section 2 and said
existing westerly right-of-way line of 1_H. 35, S 16°43'41" E for a distance of 25.22 feet to a set
TxDOT Type II monument, 22.51 feet right of proposed I.H. 35 southbound frontage road s
baseline station 1421+74.69, being the southeasterly corner of the herein described tract;
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PARCEL i
Page 2 of 4
THENCE, departing said existing westerly right-of-way line of I.H. 35, through the interior of said Lot 1, i
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Chisholm Valley South Section 2,with the proposed southerly right-of--way line of Resters Crossing Road,
the following four(4)courses: (I
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5) N 86°26'15"W for a distance of 69.46 feet to a set TxDOT Type II monument, 86.42 feet right of
proposed I.H. 35 southbound frontage road baseline station 1421+48.80, being an angle point in
the southerly boundary line of the herein described tract;
6) S 60°48'19"W for a distance of 90.70 feet to a set TxDOT Type Il monument, 175.74 feet right of
proposed I.H. 35 southbound frontage road baseline station 1421+62.82, being an angle point in
the southerly boundary line of the herein described tract;
7) S 70°36'40" W for a distance of 133.06 feet to a set TxDOT Type 11 monument at the beginning
of a curve to the left, 308.80 feet right of proposed I.H. 35 southbound frontage road baseline
station 1421+62.50;
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8) Along said curve to the left, having a delta angle of 03°25'34", a radius of 1500.00 feet, an arc
length of 89.70 feet, and a chord which bears S 65°15'50" W for a distance of 89.68 feet to the
POINT OF BEGINNING,containing 0.184 acres(7,994 square feet)of land, more or less.
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This property description is accompanied by a separate parcel plat. !
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All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
THE STATE OF TEXAS§
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professionat Land Surveyor, do hereby certify that the above
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description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County,Texas.
'''t'�'`• C 6-
. Stephen Tr esdale
Registered Professional Land Surveyor No.4933 Date
Licensed State Land Surveyor �, OF j-
Inland Geodetics, L.P. �' �`"°"40#
1504 Chisholm Trail-Road, Suite 103
Round Rock, TX 78681 .... ..
M.ST�P9EN TRI,- ALE'
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•y�/. 4933
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PARCEL-1.doc
May 10, 2006
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DATE: January 3, 2008
SUBJECT: City Council Meeting - January 10, 2008
ITEM: 9D1. Consider a resolution authorizing the Mayor to execute a possession
agreement with Wells Fargo Bank for parcel 1 of the IH35/Resters
Crossing project.
Department: Legal
Staff Person: Don Childs
Justification:
To facilitate installation I35/1-lesters Crossing roadway facilities pending negotiations for
purchase.
Funding:
Cost: $290,295
Source of funds: N/A
Background Information:
Wells Fargo has agreed to grant possession of the property required for the I35/1-lesters
Crossing project in return for payment of the appraised value of the property while
negotiations for a final purchase agreement continue. This will allow the project to proceed
on schedule while working out some of the final purchase issues. This is the final parcel to
be acquired on the project.
Public Comment: N/A