CM-2017-1470 - 9/11/2017ELECTRONICALLY RECORDED 2017084073
Williamson County, Texas Total Pages: 9
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 1 of 6
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 15
GRANTEE OF WILLIAMSON § Project: University Blvd.
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF
ROUND ROCK, TEXAS ("Grantee"), and ICU MEDICAL FLEET SERVICES, LLC Vk/a Hospira
Fleet Services, LLC (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents
and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the
Grantor's property for the purpose of constructing a portion of University Boulevard and related
appurtenances and utility relocations (the "Roadway Construction Project"). The property subject to this
Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A")
and made a part of this Agreement by reference (the "Property").
For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right
of entry and exclusive possession and use of the Property for the purpose of constructing a roadway,
driveway connection, utility adjustments and appurtenances thereto and the right to remove any
improvements. Authorized activities include surveying, inspection, environmental studies,
archeological studies, clearing, demolition, construction of permanent improvements, relocating,
replacing, and improving existing utility facilities, locating new utility facilities, and other work
required to be performed in connection with the Roadway Construction Project. This Possession and
Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing
utilities on the Property and those which may be lawfully permitted on the Property by the Grantee
in the future, and all others deemed necessary by the Grantee for the purpose of the Roadway
Construction Project. This grant will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use the Grantee agrees to postpone
proceeding with the formal eminent domain process or a condemnation lawsuit to acquire the
Property so that the parties may continue negotiations for a voluntary purchase and/or exchange
transaction. The Grantor agrees that this Agreement by the Grantee represents adequate and full
compensation for the possession and use of the Property. The Grantee will be entitled to take
possession and use of the Property upon recording of this document in the Real Property Records of
Williamson County, subject to the other conditions in paragraph 16. below.
3. The effective date of this Agreement will be the date on which the last party executes the Agreement
(the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to GRANTEE in that certain title commitment numbered 15-
236139 -CP effective February 8, 2016 by Capital Title/First National Title Insurance Company, and
that proper releases will be executed for the Property prior to funds being disbursed under this
Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee
* NPUA*
ON -2-01-7- I q-"ZO
2017084073 Page 2 of 9
Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 2 of 6
title to the Property and further agrees to indemnify the Grantee from all unreleased or undisclosed
liens, claims or encumbrances affecting the Property.
5. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent
domain proceeding purposes, will be the Effective Date of this Agreement.
6. This Agreement is made with the understanding that the Grantee will continue to proceed with
acquisition of a real property interest in the Property. The Grantor reserves all rights of
compensation for the title and other interest in and to the Property which the Grantor holds as of the
time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way
prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the
Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the
improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any
larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the
Effective Date of this Agreement. The Grantee's removal or construction of improvements on the
Property shall in no way affect the fair market value of the Property in determining compensation
due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's
rights to any relocation benefits for which Grantor may be eligible.
7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not
be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for
any period of time prior to the date of the award. Payment of any interest may be deferred by the
Grantee until entry of judgment.
The purpose of this Agreement is to allow the Grantee to proceed with its Roadway Construction
Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at
the current time and continue voluntary investigation and negotiation for the proposed Property
acquisition. The Grantor expressly acknowledges that the proposed Roadway Construction Project
is for a valid public use and voluntarily waives any right the Grantor has or may have, known or
unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of
the Property related to the Roadway Construction Project, based upon claims that the condemning
authority has no authority to acquire the Property through eminent domain, has no valid public use
for the Property, or that acquisition of the Property is not necessary for the public use.
9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the Grantee to take and use all other
minerals and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property until the Effective Date, including prorated taxes until
the Effective Date for the year in which the Grantee takes title to the Property.
2017084073 Page 3 of 9
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 3 of 6
11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall
continue to remain in effect until the Grantee acquires title to the Property either by negotiation,
settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
13. It is agreed the Grantee will record this document.
14. Other conditions: None.
15. By its authorized signature below the following Tenants which have a leasehold interest in the
Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property
pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein:
Tenants i ( IJ (� ���� ff io
1 `_ fl
7
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 remainder of Grantor's land for
its current uses without prior advance agreement between Grantor/Tenant and Grantee.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the
limitations set forth above.
[signature pages follow]
GRANTOR:
ICU MEDICAL FLEET SERVICES, LLC
f/k/a Hospira Fleet Services, LLC
— �1 P cv
By -
Printed Name: �TA cg- ,I _ o WR'�1�
Its:
ACKNOWLEDGMENT
STATE OF —C.
COUNTY OF S
2017084073 Page 4 of 9
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 4 of B
This instrument was acknowledged before me on this the L day ofs L , 2017 by
in the capacity and for the purposes and consideration recited herein.
ARLYNN ANN VEGA
_a°?• n= Notary Public, State of Texas
Comm. Expires 09-13-2020
Notary ID 130819293
k4l
Nof6y Public, State of
Printed Name: ja-
My Commission Expires:
GRANTEE:
CITY OF ROUND ROCK, TEXAS
Printed Name:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
2017084073 Page 5 of 9
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 5 of 6
This instrument was acknowledged before me on this the T. day of , 2017 by
[A [A VA�-WJ 1414 , in the capacity and for the purposes and consider tion recited herein.
,N ca
v'A. c
OFSF�g
•;F126501ti•'
.
Notary Public, State of Texas
Printed Name: fit. XA L • W h r 4-e,
My Commission Expires q ,1 rr zolzo
2017084073 Page 6 of 9
1*36111ATFOUN
Variable Width Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.137 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.137 ACRE (5,980 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.137 ACRE TRACT BEING A PORTION OF LOT 1, BLOCK A, OAKMONT CENTRE
SECTION TWO, FILED ON OCTOBER 4, 1984, AND RECORDED IN CABINET F, SLIDE
174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.137 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK A AS DESCRIBED IN
A QUITCLAIM DEED TO HOSPIRA INC., FILED ON APRIL 17, 2004, AND RECORDED
IN DOCUMENT NO. 2004038477 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.137 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the easternmost northeast corner of said Lot 1 and the
herein described tract, at the intersection of the southerly right-of-way line (R.O.W.) of University
Boulevard (variable width R.O.W.) and the westerly R.O.W. line of Oakmont Drive (60 foot wide
R.O.W.);
THENCE South 20° 56' 54" East, with the common westerly R.O.W. line of said Oakmont Drive and the
easterly line of said Lot 1, a distance of 16.68 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for the southeast corner of the herein described tract, from which a 1/2 -inch iron rod
found for the southeast corner of said Lot 1, Block A, same being the northeast corner of Lot 2 of said
Block A, and being on the westerly R.O.W. of said Oakmont Drive bears South 20° 56' 54" East, at a
distance of 448.40 feet;
THENCE departing said westerly R.O.W. line of said Oakmont Drive, and traveling across the interior of
said Lot 1, the following three calls:
1) North 650 41' 55" West, a distance of 28.75 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior corner of the herein described tract;
2) South 69° 18' 05" West, a distance of 229.75 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior corner of the herein described tract;
3) South 24° 11' 47" West, a distance of 28.21 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for the southwest comer of the herein described tract, said point being on the
westerly line of said Lot 1, from which a 1/2 -inch iron rod found marking the common southwest
corner of said Lot 1 and the northwest corner of said Lot 2 bears South 20° 56' 03" East, a distance of
449.91 feet;
Page 1 of 3
2017084073 Page 7 of 9
Exhibit "A" continued
Description of a 0.137 acre tract
THENCE North 20° 56' 03" West, with the westerly line of said Lot 1, and partway with the southerly
R.O.W. line of said University Boulevard, a distance of 40.97 feet to a calculated point for the northwest
comer of said Lot 1 and the herein described tract;
THENCE North 69° 14' 23" East, with the common southerly R.O.W. line of said University Boulevard
and the northerly line of said Lot 1, a distance of 245.08 feet to a 112 -inch iron rod found for the
northernmost northeast comer of said Lot 1 and the herein described tract, said point also marking the
beginning of a curve to the right and being a curving corner clip at the intersection of the southerly
R.O.W. line of said University Boulevard and the westerly R.O.W. line of said Oakmont Drive;
THENCE In a Southeasterly direction, 39.25 feet along the arc of said curve to the right, having a radius
of 24.81 feet, a central angle of 90° 38' 28", and a chord bearing and distance of South 65° 49' 34" East —
35.29 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing
within the metes recited 0.137 acre (5,980 square feet) of land, more or less, based on the survey and
exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in 2016.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4826 attached hereto 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.
tiOF,.................................CDaniel
fA
W0.041
M. Flaherty, R.P.L.S. No. 5
DANIEL N{. FLAHERIY
The apace Group, A CP&Y Company
»................................
r 5004 P;
One Chisholm Trail, Suite 130
�•
O S <1- �O
Round Rock, Texas 78681
v -
UR
Ph. (512) 248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4826
11-18-2016
22824-FN28.doc
Date
Page 2 of 3
2017084073 Page 8 of 9
EXHIBIT "A"
(VARIABLE WIDTH RIGHT- OF- WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.937 ACRE (5,980 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 5004 PI
SURVEYS IN THE STATE OF TEXAS. THI IATH DAY OF 2016. A*, °FESS%0t...O
r � ••SUR`I�
SURVEYED: NOVEMBER 8, 2016 ANIEL M. FLAHERTY RPLS NO. 3 OF 3
0 00 PLAT NO. A-4826 DRAFT DAE 11-18-2016 DRAWN BY RDB
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 256/17 TAB # A-4826
0 2016 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS FM # 22824—FN28
FIELD NOTE
A-90.38'28' POINT OF
R -2"1'
L-39.25' BEGINNING
CD -35.29'
OAKMONT DRIVE
CB -S 85'49'34" E S 20'58'54' E 18.88'
(B0' R. O. W. )
A
EXISTING R.O.W. LINE
9 20'58'54' E — 448.40'
O
N 85'41'55' W
28.75'
Q � n
P
LOT I
BLOCK SCALE: 1" = 100'
OAKMONT CENTRE
a
SECTION TWO
I
CABINET F. SUDE 174
re
m
P.R.W.C.T.
y m
FILED: OCTOBER 4. 1984 N LOT 2
m VARIABLE WIDTH
RIGHT—OF—WAY ACQUISITION
HOSPIRA INC. o J BLOCK A
0.137 ACRE (5.980 SQ. FL)
DOC. NO. 2004038477 OAKMONT CENTRE
O.P.R. W.C.T. SECTION TWO
= PROPOSED
FILED: APRIL 17, 2004 CABINET F. SLIDE 174
P.R.W.C.T.
R.O.W. UNE
FILED: OCTOBER 4, 1984
EXISTING
R.O.W. UNE S 2411'47' W
29.21'
S 2038'03' E — 449.91' LOT 1
LOT 2H
LOT 2H SUBDIVISION LINE
N 2 D3' W BLOCK A
B DOCK A
REPLAT OF LOT 2 5
EAST CHANDLER RETAIL CENTER
EXISTINGLOT 20 n
CABINET CC, SU 230-233
R.O.W. UNE BLOCK A.6 o
FILED: NOVEMBER 2, 2006
w4�QAac�i�A
�►'
GENERAL NOTES:
L&GEjVD
1.)
ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
0 - FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED)
2.)
SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
0 — SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
CONDITIONS THAT MAY BE APPLICABLE
"CORR ROW' (UNLESS OTHERWISE NOTED)
3.)
THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
A - CALCULATED POINT
4.)
THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
P.R.W.C.T. - PLAT RECORDS, WIWAMSON COUNTY, TEXAS
5.)
BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
D.R.W.C.T. — DEED RECORDS. WIWAMSON COUNTY, TEXAS
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
O,R.W.C.T. - OFFICIAL RECORDS, VRWAMSON COUNTY, TEXAS
COOPERATIVE CORS RTK NETWORK.
O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY. TEXAS
WALLACE
engineers architects
su vel Grs
QF
rF1L
A CP&Y COMPANY
c�..........
Q''G�STP9'•T
WACO KILLEEN DALLAS ROUND ROCK
' F:9
TBPLS 10051701 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 1 (512) 248-0065 TBPE F-54
• ••••••••• ••••••• •�• ••
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 5004 PI
SURVEYS IN THE STATE OF TEXAS. THI IATH DAY OF 2016. A*, °FESS%0t...O
r � ••SUR`I�
SURVEYED: NOVEMBER 8, 2016 ANIEL M. FLAHERTY RPLS NO. 3 OF 3
0 00 PLAT NO. A-4826 DRAFT DAE 11-18-2016 DRAWN BY RDB
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 256/17 TAB # A-4826
0 2016 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS FM # 22824—FN28
2017084073 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017084073
Pages, 9 Fee: $49.00
09/11/2017 02:15 PM
- C0
Nancy E. Rister,County Clerk
Williamson County,Texas
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 1 of 6
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 15
GRANTEE OF WILLIAMSON § Project: University Blvd.
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF
ROUND ROCK, TEXAS ("Grantee"), and ICU MEDICAL FLEET SERVICES, LLC f/k/a Hospira
Fleet Services, LLC (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents
and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the
Grantor's property for the purpose of constructing a portion of University Boulevard and related
appurtenances and utility relocations (the "Roadway Construction Project"). The property subject to this
Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A")
and made a part of this Agreement by reference (the "Property").
For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right
of entry and exclusive possession and use of the Property for the purpose of constructing a roadway,
driveway connection, utility adjustments and appurtenances thereto and the right to remove any
improvements. Authorized activities include surveying, inspection, environmental studies,
archeological studies, clearing, demolition, construction of permanent improvements, relocating,
replacing, and improving existing utility facilities, locating new utility facilities, and other work
required to be performed in connection with the Roadway Construction Project. This Possession and
Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing
utilities on the Property and those which may be lawfully permitted on the Property by the Grantee
in the future, and all others deemed necessary by the Grantee for the purpose of the Roadway
Construction Project. This grant will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use the Grantee agrees to postpone
proceeding with the formal eminent domain process or a condemnation lawsuit to acquire the
Property so that the parties may continue negotiations for a voluntary purchase and/or exchange
transaction. The Grantor agrees that this Agreement by the Grantee represents adequate and full
compensation for the possession and use of the Property. The Grantee will be entitled to take
possession and use of the Property upon recording of this document in the Real Property Records of
Williamson County, subject to the other conditions in paragraph 16. below.
3. The effective date of this Agreement will be the date on which the last party executes the Agreement
(the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to GRANTEE in that certain title commitment numbered 15-
236139 -CP effective February 8, 2016 by Capital Title/First National Title Insurance Company, and
that proper releases will be executed for the Property prior to funds being disbursed under this
Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee
/1�* NPUA*
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 2 of 6
title to the Property and further agrees to indemnify the Grantee from all unreleased or undisclosed
liens, claims or encumbrances affecting the Property.
5. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent
domain proceeding purposes, will be the Effective Date of this Agreement.
6. This Agreement is made with the understanding that the Grantee will continue to proceed with
acquisition of a real property interest in the Property. The Grantor reserves all rights of
compensation for the title and other interest in and to the Property which the Grantor holds as of the
time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way
prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the
Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the
improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any
larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the
Effective Date of this Agreement. The Grantee's removal or construction of improvements on the
Property shall in no way affect the fair market value of the Property in determining compensation
due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's
rights to any relocation benefits for which Grantor may be eligible.
7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not
be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for
any period of time prior to the date of the award. Payment of any interest may be deferred by the
Grantee until entry of judgment.
8. The purpose of this Agreement is to allow the Grantee to proceed with its Roadway Construction
Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at
the current time and continue voluntary investigation and negotiation for the proposed Property
acquisition. The Grantor expressly acknowledges that the proposed Roadway Construction Project
is for a valid public use and voluntarily waives any right the Grantor has or may have, known or
unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of
the Property related to the Roadway Construction Project, based upon claims that the condemning
authority has no authority to acquire the Property through eminent domain, has no valid public use
for the Property, or that acquisition of the Property is not necessary for the public use.
9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the Grantee to take and use all other
minerals and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property until the Effective Date, including prorated taxes until
the Effective Date for the year in which the Grantee takes title to the Property.
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 3 of 6
11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall
continue to remain in effect until the Grantee acquires title to the Property either by negotiation,
settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
13. It is agreed the Grantee will record this document.
14. Other conditions: None.
15. By its authorized signature below the following Tenants which have a leasehold interest in the
Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property
pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein:
Tenants: L, Wto
7
At no time during the possession of the Propertyby Grantee for the purposes described herein shall
Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land for
its current uses without prior advance agreement between Grantor/Tenant and Grantee.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the
limitations set forth above.
[signature pages follow]
GRANTOR:
ICU MEDICAL FLEET SERVICES, LLC
f/k/a Hospira Fleet Services, LLC
Cull
Printed Name: �jA LV- I) W
Its:
ACKNOWLEDGMENT
STATE OF -G-- Yr --s
COUNTY OF j S
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 4 of 6
This instrument was acknowledged before me on this the 1f' day of L�f.L2017 by
in the capacity and for the purposes and consideration recited herein.
ARLYNN ANN VEGA
Notary Public, State of Texas
° "= Comm. Expires 09-13-2020
%y .,.,•, 7��
OF
Notary Notary ID 1,30819293
No ry Public, State of
Printed Name: L
My Commission Expires:
ql�3! 2c�
GRANTEE:
CITY OF ROUND ROCK, TEXAS
01,
►I� '�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 5 of 6
This instrument was acknowledged before me on this the I r day of , 2017 by
12A 4-M 1:04 , in the capacity and for the purposes and consider ion recited herein.
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EXHIBIT "A"
Variable Width Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.137 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.137 ACRE (5,980 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.137 ACRE TRACT BEING A PORTION OF LOT 1, BLOCK A, OAKMONT CENTRE
SECTION TWO, FILED ON OCTOBER 4, 1984, AND RECORDED IN CABINET F, SLIDE
174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.137 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK A AS DESCRIBED IN
A QUITCLAIM DEED TO HOSPIRA INC., FILED ON APRIL 17, 2004, AND RECORDED
IN DOCUMENT NO. 2004038477 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.137 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the easternmost northeast corner of said Lot 1 and the
herein described tract, at the intersection of the southerly right-of-way line (R.O.W.) of University
Boulevard (variable width R.O.W.) and the westerly R.O.W. line of Oakmont Drive (60 foot wide
R.O.W.);
THENCE South 20° 56' 54" East, with the common westerly R.O.W. line of said Oakmont Drive and the
easterly line of said Lot 1, a distance of 16.68 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for the southeast comer of the herein described tract, from which a 1/2 -inch iron rod
found for the southeast corner of said Lot 1, Block A, same being the northeast corner of Lot 2 of said
Block A, and being on the westerly R.O.W. of said Oakmont Drive bears South 20° 56' 54" East, at a
distance of 448.40 feet;
THENCE departing said westerly R.O.W. line of said Oakmont Drive, and traveling across the interior of
said Lot 1, the following three calls:
1) North 65° 41' 55" West, a distance of 28.75 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior comer of the herein described tract;
2) South 69° 18' 05" West, a distance of 229.75 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior corner of the herein described tract;
3) South 24° 11' 47" West, a distance of 28.21 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for the southwest corner of the herein described tract, said point being on the
westerly line of said Lot 1, from which a 1/2 -inch iron rod found marking the common southwest
corner of said Lot 1 and the northwest corner of said Lot 2 bears South 20° 56' 03" East, a distance of
449.91 feet;
Page 1 of 3
Exhibit "A" continued
Description of a 0.137 acre tract
THENCE North 20° 56' 03" West, with the westerly line of said Lot 1, and partway with the southerly
R.O.W. line of said University Boulevard, a distance of 40.97 feet to a calculated point for the northwest
corner of said Lot 1 and the herein described tract;
THENCE North 690 14' 23" East, with the common southerly R.O.W. line of said University Boulevard
and the northerly line of said Lot 1, a distance of 245.08 feet to a 1/2 -inch iron rod found for the
northernmost northeast corner of said Lot 1 and the herein described tract, said point also marking the
beginning of a curve to the right and being a curving corner clip at the intersection of the southerly
R.O.W. line of said University Boulevard and the westerly R.O.W. line of said Oakmont Drive;
THENCE In a Southeasterly direction, 39.25 feet along the arc of said curve to the right, having a radius
of 24.81 feet, a central angle of 90° 38' 28", and a chord bearing and distance of South 65° 49' 34" East —
35.29 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing
within the metes recited 0.137 acre (5,980 square feet) of land, more or less, based on the survey and
exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in 2016.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4826 attached hereto 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,
CDDaniel4M.Flaherty, R.P.L.S. No. 5004
The Wallace Group, A CP&Y Company
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4826
22824-FN28.doc
Williamson County, Texas.
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Page 2 of 3
DANIEL M. FLAHERTY
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11-18-2016
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EXHIBIT t `A' '
(VARIABLE WIDTH RIGHT- OF- WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.137 ACRE (5,980 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
A-9038'28'
Rm24,81'
L-39.25'
CD -35.29'
CB -S 85'49'34" E
FIELD NOTE
POINT OF
BEGINNING
n
it
EXISTING -
R.O.W. LINE
N 2058'03'
40.97'
EXISTING -
R.O.W. LINE
S 20^5854' E 16.68'
N 85'41'55' W
28.75'
OAKMONT DRIVE
(60' R. 0. W. )
S 20'58.54" E — 448.40'
LOT 1
BLOCK A SCALE. I" = 100'
OAKMONT CENTRE
SECTION TWO
CABINET F. SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4. 1984
RIGHT—OF—WAY ACQUISITION
HOSPIRA INC.
0.137 ACRE (5,980 SQ. FT.)
DOC. NO. 2004038477
0
O.P.R.W.C.T.
--PROPOSED
FILED: APRIL 17, 2004
R.O.W. LINE
SECTION TWO
S 2471'47' W
CABINET F, SLIDE 174
28.21'
P.R.W.C.T.
S 20'56'03' E — 449.91' LOT 1
LOT 2H
LOT 2H SUBDIVISION LINE
BLOCK A
LOT 2H
BLOCK A
LOT 2G C-4
6
BLOCK A
0 0
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE.
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTK NETWORK.
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 23G-233
P.R.W.C.T.
FILED: NOVEMBER 2. 2006
'- `-4
LOT 2
0 0
BLOCK A
0
OAKMONT CENTRE
SECTION TWO
CABINET F, SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4. 1984
LEGEND
0- FOUND 1/2' IRON ROD (UNLESS OTHERWMSE NOTED)
0— SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW" (UNLESS OTHERWISE NOTED)
A e CALCULATED POINT
P.R.W.C.T. o PLAT RECORDS, WIWAMSON COUNTY, TEXAS
D.R.W.C.T. m DEED RECORDS, WIWAMSON COUNTY, TEXAS
O.R.W.C.T. @ OFFICIAL RECORDS, WWWAMSON COUNTY, TEXAS
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY. TEXAS
V UI
FIE WALLACE P
engineers architects surveyors
A CP&Y COMPANY
WACO KILLEEN DALLAS ROUND ROCK
TBPLS 10051701 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 1 (512) 248.0065 TBPE
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LA
SURVEYS IN THE STATE OF TEXAS. THI, 18TH DAY OF _ NOVEMBER . 2016.
SURVEYED: NOVEMBER 8. 2016 ANIEL M. FLAHERTY RPLS N0. �3 OF 3
0 DO 200 PLAT N0. A-4826 DRAFT D&E 11-18-2016 DRAWN BY RDB
SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 256/17 TAB if A-4826
0 2016 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 22824-FN28
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Possession and Use Agreement for Transportation
Purposes with ICU Medical Fleet Services, LLC f/k/a Hospira Fleet Services,
LLC regarding the University Boulevard Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/8/2017
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: 00384790.PDF, 00384954.PDF
Department: Legal Department
Text of Legislative File CM -2017-1470
Consider executing a Possession and Use Agreement for Transportation Purposes with
ICU Medical Fleet Services, LLC f/k/a Hospira Fleet Services, LLC regarding the
University Boulevard Project.
City of Round Rock Page 1 Printed on 91712017