CM-2017-1471 - 9/11/2017ELECTRONICALLY RECORDED 2017084074
Williamson County, Texas Total Pages: 9
Form ROWN-PUA
(12112)
Tires Replaces Form ROW -N-7
Page 1 of 4
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS § ROW CSJ: 0683-01-092
§ Parcel No.: 24
COUNTY OF WILLIAMSON § Project No.: RM 620
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between the State
of Texas, acting by and through the Texas Department of Transportation and the City of Round Rock,
Texas (collectively the "State") , and Sovereign Hospitality Group of Round Rock, Inc. (the "Grantor"
whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the
State, an irrevocable right to possession and use of the Grantor's property for the purpose of
constructing a portion of Highway No. RM 620 (the "Highway Construction Project"). The property
subject to this Agreement is described more fully in field notes and plat map (attached as "Exhibit A")
and made a part of this Agreement by reference (the "Property").
1. For the consideration paid by the State which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State
the right of entry and exclusive possession and use of the Property for the purpose of constructing a
highway 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 Highway Construction Project. This Possession and Use Agreement will extend to the State, its
contractors and assigns, owners of any existing utilities on the Property and those which may be
lawfully permitted on the Property by the State in the future, and all others deemed necessary by the
State for the purpose of the Highway 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 and other Grantor covenants,
warranties, and obligations under this Agreement, the State will agree to postpone and reset the
special commissioners hearing regarding the Property which is currently set for August 24`h, 2017 to
a date mutually agreeable between the parties. The Grantor agrees that this consideration represents
adequate and full compensation for the possession and use of the Property. The State will be entitled
to take possession and use of the Property upon full execution of the Agreement. The parties agree
that the sum tendered to Grantor, if any, will be deducted from any final settlement amount, Special
Commissioners' award or court judgment. In the event the amount of the final settlement or
judgment for acquisition of the Property is less than the amount the State has paid for the possession
and use of the Property, then the Grantor agrees that the original amount tendered represents an
overpayment for the difference and, upon written notice from the State, the Grantor will promptly
refund the overpayment to the State.
3. The effective date of this Agreement will be August 24, 2017, which is the currently scheduled date
for the Special Commissioners hearing relating to the Property, (the "Effective Date").
" N P UA'`
2017084074 Page 2 of 9
Forth ROW-N-PUA
(12/12)
Replaces Forth ROW -N-7
Page 2 of 4
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except those identified on that certain title commitment issued by Capital Title of
Texas (First National Title Insurance Company) May 23, 2017, GF No. 16 -260842 -GT, or that
proper releases will be executed for the Property prior to funds, if any, being disbursed under this
Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee
title to the Property and further agrees to indemnify the State 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 State 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 State 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 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 State, 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 State'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. There will be no project impact upon the appraised
value of the Property. This grant will not prejudice the Grantor's rights to any relocation benefits for
which Grantor may be eligible.
7. In the event the State institutes or has instituted eminent domain proceedings, the State 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 State
until entry of judgment.
8. The purpose of this Agreement is to allow the State to proceed with its Highway Construction
Project without delay and to allow the Grantor to have additional time to undertake settlement
negotiations and/or prepare for a contested special commissioners' hearing for the State's acquisition
of a real property interest in the Property. The Grantor expressly acknowledges that the proposed
Highway 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 Highway 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 State to take and use all other
minerals and materials thereon, and thereunder.
2017094074 Page 3 of 9
Forth ROW-N-PUA
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Replaces Forth ROW -N-7
Page 3 of 4
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property, including prorated taxes for the year in which the
State takes title to the Property.
11. Notwithstanding the acquisition of right of possession to the Property by the State 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 State 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 State will record this document.
14. Other conditions: N/A.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the
limitations set forth above.
GRANTOR:
SOVEREIGN HOSPIT ITY GROUP OF ROUND ROCK, INC.
By: 0 c r
Printed Name:
Title: Ir
Date:
Acknowledeement
State of Texas
County of Williamson
This instrument wa acknowledged before me on d� ( 7
by M6trtJ,,p' 46 , in the capacity and for the purposes and consideration recited
herein.
Notary Public ss�Sign'ature c
MARGIE ROBERTS
My Notary ID # 130858883
Expires October 11, 2020
STATE:
State of Texas, acting by and through the
City of Round Rock, Texas
By: C
Laurie Hadley, City Manager
Date: -9 ( • 1.—
Acknowledgement
State of Texas
County of Williamson
2017084074 Page 4 of 9
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(12112)
Replaces Forth ROW -N-7
Page 4 of 4
This instrument was acknowledged before me on 1("-
by Laurie Hadley, City Manager of the City of Round Rock, Texas, in ffie capacity nd for the purposes and
consideration recited herein.
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MIMEWOUFAVA1=1
Notary
bPulidsSignature
2017084074 Page 5 of 9
Reissued 12/04/15
Page 1 of 4
EXHIBIT A
County:
Williamson
Highway;
R. M, 620
Limits:
Deepwood Dr, to IH 35
C SJ:
0683-01-092
PROPERTY DESCRIPTION FOR
PARCEL 24
DESCRIPTION OF A 0.029 ACRE (1,244 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1 OF THE COMFORT SUITES SUBDIVISION RECORDED IN CABINET P, SLIDES 174-175 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO SOVEREIGN
HOSPITALITY GROUP OF ROUND ROCK, INC. BY INSTRUMENT RECORDED IN DOCUMENT NO,
2002056223 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.029
ACRE (1,244 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %" iron rod set stamped "Inland 4933", 281.71 feet left of proposed
Ranch to Market (R.M.) 620 baseline station 504+30.56, being the most northwesterly corner of that
0.525 acre tract of land conveyed to Walton Cotton Revocable Trust by instrument recorded in Document
No. 2011005529 of the Official Public Records of Williamson County, Texas, same being an angle point
in the westerly right-of-way (ROW) line of the south bound frontage road of I.H. 35, being the easterly
boundary line of said Lot 1;
THENCE, with the common boundary line of said Lot 1 and said 0.525 acre tract, S 11°09'53" W for a
distance of 217.58 feet to a Y2" iron rod with TxDOT aluminum cap set, 67.68 feet left of proposed R.M.
620 baseline station 504+69.69, being the curving proposed northerly ROW line of R.M. 620, (ROW width
varies), for the most northeasterly corner and POINT OF BEGINNING of the herein described parcel;
1) THENCE departing said proposed northerly ROW line, with said common boundary line,
S 11008153" W a distance of 44.90 feet pass a %' iron rod found and continuing for a total distance
of 45.35 feet to a calculated point, being the existing northerly ROW line of R.M. 620, (80' ROW
width), for the most southeasterly corner of said Lot 1, same being the most southwesterly corner of
said 0.525 acre tract, for the most southeasterly corner of the herein described parcel;
2) THENCE, departing the westerly boundary line of said 0.525 acre tract, with said existing northerly
ROW line, same being the southerly boundary line of said Lot 1, N 70°32'24" W for a distance of
25.26 feet to a calculated point, being the most southeasterly corner of Lot 1 of the Wendy
Subdivision recorded in Cabinet K, Slide 123 of the Plat Records of Williamson County, Texas and
conveyed to Pisces Food, LLC by instrument recorded in Document No. 9542882 of the Official
Public Records of Williamson County, Texas, being an angle point in the southerly boundary line of
said Lot 1 (Comfort Suites Subdivision), for the most southwesterly corner of the herein described
parcel;
3) THENCE, departing said existing northerly ROW line, with the common boundary line of said Lot 1
(Wendy's subdivision) and said Lot 1 (Comfort Suites Subdivision), N 11009'53" E for a distance of
54.38 feet to a '/i' iron rod with TxDOT aluminum cap set, 75.66 feet left of proposed R.M. 620
baseline station 504+42.82, with said proposed northerly ROW line of R.M. 620, for the most
northwesterly corner of the herein described parcel;
Parcel 24
2017084074 Page 6 of 9
Reissued 12/04/15
Page 2 of 4
THENCE, departing said common boundary line, with said proposed northerly ROW line, through the
interior of said Lot 1 (Comfort Suites Subdivision), the following two (2) courses:
4) S 51`1216" E for a distance of 9.25 feet to a '/z" iron rod with TxDOT aluminum cap set, (to be
replaced with TxDOT Type II monument) 72.91 feet left of proposed R.M. 620 baseline station
504+51.65, for a point of curvature to the left;
5) Along said curve to the left, having a delta angle of 02°13'41 ", a radius of 483.00 feet, an arc length
of 18.78 feet, and a chord which bears S 52019'05" E for a distance of 18.78 feet to the POINT OF
BEGINNING, containing 0.029 acres (1,244 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
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 Professional Land Surveyor, do hereby certify that the above
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.
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
An
PLAT
2017084074 Page 7 of 9
ILS(.lUlyFlON ReIsSued 12/04/15
PAGE 3 OF 4
INUMBERI
DELTA
I RADIUS
LENGTH
CHORD
I CH ORD BEARING
Cl 1
02° 13' 4 1 "
1 483.00'
18. 78'
18.78'
S52-19'05'
s.rF
BROKEN
.4�
LI
OF,
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SOVERE GROUP
08' 44' 04' ILT>
:
NII°09'53"E
OFI 's.
ROUND ROCK INC.
N l ''
9 P
0 25 50
DOC. NO. 200056223
�' �, THE WALTON COTTON
0�
?
24
LOT I 0, P, R. W. C. T.
COMFORT SUITES
P.O.R.
m I " 50'
SUBDIVISION (•/-2.27' AC.)
` PARCEL 24
(0.525 AC.)
DOC. NO. 2011005529
B. P, $L. 174-175 r r
P, R. W. C. T.
STA, 504.30.56
1
P.O.R.
f t
r 1
261.71' LT
t„ PARCEL 24
STA. 56
n
LOT
I
?4-30
ear. 71 LT
15t1N0
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o
SB3. 26' 34'E
PARCEL 24
`�
PROPOS
LOT
I ` (581* 53'38"E)
IB'l
DETAIL "B"
67.68' LT
o�I�
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DETAIL "A"
'0,°
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=
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1
N
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WENDY'S SUBDIVISION rn}'.
08' 44' 04' ILT>
:
NII°09'53"E
CAB. K, SL. 123
N l ''
9 P
0.45'
P• R. W. C. T. Q
�' �, THE WALTON COTTON
0�
?
24
n�,,C
m REVOCABLE TRUST
'"�
(0.525 A.)
(0.525 AC.)
DOC. NO. 2011005529
504+92,55
EXISTING R, O.
PISCES FOOD, LLC
4 0. P. R. W. C. T.
P. C,
DOC. No. 9542882
0. P. R. W: C. T.
STA, 504 51.65
X•3129984.2848
R. M. 620
'
72.91' LT
Y=10160233.1239 Y•10160195.7621
P. 0. B.
PARCEL 24
PROPOS
STA. 504.69.69
DETAIL "B"
67.68' LT
N. T. S.
0. W.
24
}�
0 Cl 029AC.
1.0.
244
STA. 504.42.82
0
0
75.66' LT
.0
N70° 32' 24"W 88. 87' (L2l
Exl TING R. D. w.
L2
PROPOSED R.N.. 620 BASELINE
_
503.00 S68128'35•E 883.35' 504-00
N 505.00
Q.
P '
O
PROPOSED
R. AI. 620 BASELINE R. IV1, 620
a
LI
PI STATION
= 506.61.32 180' R.O.W. WIDTH)
N
N70°32'24'W
DELTA
08' 44' 04' ILT>
(N70° 12'56'W)
(25,04')
DEGREE OF
CURVE 02' 35' 33'
a
L4
TANGENT
168.78
LENGTH
= 336.90
RADIUS
2210.00 EXISTING R, O. W.
PC STATION
504+92,55
PT STATION
508.29.45
P. C,
P. I. P. T.
X•3129984.2848
X=3130141,2941 X=3130305.8856
Y=10160295.0466
Y=10160233.1239 Y•10160195.7621
I N LA N Du
GEODETICS a
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
R PH.(5121239-1200,FAX (512)238-1251 8
NUMBER
DIRECTION
DISTANCE
LI
SII°09'53"W
45.35'
L2
N70°32'24'W
25.26'
(1-2)
(N70° 12'56'W)
(25,04')
L3
NII ° 09' 53"E
54.38'
L4
S51° 12' 16"E
9. 25'
PARCEL PLAT SHOWING PROPERTY OF
SOVEREIGN HOSPITALITY
GROUP OF ROUND ROCK, INC.
SCALE I CSJ a PROJECT I COUNTY
I" = 50 0683-01-092 RM 620 WILLIAMSON
Texas Department of 7iansportatlon
PARCEL 24
EXHIBIT " A "
LEGEND
2017084074 Page 8 of 9
Reissued 12/04/15
PACE 4 OF 4
■
TXDOT TYPE I CONCRETE MONUMENT FOUND
R
PROPERTY LINE
O
%2° IRON ROD SET W/ TXDOT ALUMINUM CAP ( )
RECORD INFORMATION
TO BE REPLACED BY TYPE II MONUMENT
—}1L
LINE BREAK
p
TXDOT TYPE II CONCRETE MONUMENT FOUND
N
P. 0. B.
LAND HOOK
POINT OF BEGINNING
•
1/2" IRON ROD FOUND UNLESS NOTED
P.O.R.
POINT OF REFERENCE
IRON ROD FOUND W/PLASTIC CAP
N.T.S.
NOT TO SCALE
O
COTTON GIN SPINDLE FOUND
D, R. W. C. T,
DEED RECORDS
WILLIAMSON COUNTY,
TEXAS
X
X CUT FOUND
0. R. W. C. T.
OFFICIAL RECORDS
J
60/D NAIL FOUND
WILLIAMSON COUNTY,
TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
A
CALCULATED POINT
WILLIAMSON COUNTY,
TEXAS
0
1/2' IRON ROD W/ ALUMINUM CAP
P.R.W.C.T.
PLAT RECORDS
STAMPED "TXDOT" SET
WILLIAMSON COUNTY,
TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
1) All bearings shown hereon ore based on grid bearing. All distances are surface distances. Coordinates
are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1034, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE
JANUARY 31, 2014.
I. RESTRICTIVE COVENANTS, CABINET P, SLIDE 174, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
ICE. A PUBLIC UTILITY EASEMENT 25 FEET IN WIDTH ALONG THE ENTRANCE LANE OF SUBJECT PROPERTY, AS SHOWN PER THE
RECORDED PLAT THEREOF, AFFECTS AS SHOWN.
F. DRIVEWAY ACCESS FROM RM 620 IS RESTRICTED TO ONE LANE ONLY AND IS FOR INGRESS PURPOSED ONLY AS STATED ON
THE PLAT RECORDED IN CASSINET P, SLIDE 174, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
G. A WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED UNDER VOLUME 1502, PAGE 905, OF
THE OFFICIAL RECORDS OF WILLAIMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
H. A PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED IN DOCUMENT NO, 2000048523,
OF THE OFFICIAL PUBLIC RECORDS OF WILLAIMSON COUNTY, TEXAS, DOES NOT AFFECT.
I. A PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED IN DOCUMENT NO. 2000048524,
OF THE OFFICIAL PUBLIC RECORDS OF WILLAIMSON COUNTY, TEXAS, DOES NOT AFFECT.
J. TERMS, CONDITIONS AND PROVISIONS OF THAT CERTAIN WATER POLLUTION ABATEMENT PLAN AS REFERENCED IN
AFFIDAVIT RECORDEb IN DOCUMENT NO, 9858135, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT
TO.
K. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN RECIPROCAL ACCESS AND PARKING AGREEMENT, BY AND BETWEEN
SOVEREIGN HOSPITALITY GROUP OF ROUND ROCK, INC., AND PISCES FOODS, L.P., RECOREO UNDER DOCUMENT NO.
2000042463, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
M. STEPHEN TRUESDALE DATEi
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
N LAN Du
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CH15HOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. 612) 238-12DD, FAX (512) 238-1251
PARCEL PLAT SHOWING PROPERTY Of
SOVEREIGN HOSPITALITY
GROUP OF ROUND ROCK, INC.
SCALE CSJ a I PROJECT COUNTY
1. = 50 0683-01-092 RM 620 WILLIAMSON
ACQUISITION 0,029 1 1,244
CALC/DEED AREA +/-2. 27 98,881
REMAINDER AREA +/-2.241 97,637
Awk-1
ArTexas Department ofTYansportatlon
PARCEL 24
2017084074 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017084074
Pages:9 Fee: $49.00
09/11/2017 02:16 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
Taw
of nana�tron
Forth ROW-N-PUA
(12112)
Replaces Forth ROW -N-7
Page 1 of 4
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS § ROW CSJ: 0683-01-092
§ Parcel No.: 24
COUNTY OF WILLIAMSON § Project No.: RM 620
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between the State
of Texas, acting by and through the Texas Department of Transportation and the City of Round Rock,
Texas (collectively the "State") , and Sovereign Hospitality Group of Round Rock, Inc. (the "Grantor"
whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the
State, an irrevocable right to possession and use of the Grantor's property for the purpose of
constructing a portion of Highway No. RM 620 (the "Highway Construction Project"). The property
subject to this Agreement is described more fully in field notes and plat map (attached as "Exhibit A")
and made a part of this Agreement by reference (the "Property").
For the consideration paid by the State which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State
the right of entry and exclusive possession and use of the Property for the purpose of constructing a
highway 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 Highway Construction Project. This Possession and Use Agreement will extend to the State, its
contractors and assigns, owners of any existing utilities on the Property and those which may be
lawfully permitted on the Property by the State in the future, and all others deemed necessary by the
State for the purpose of the Highway 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 and other Grantor covenants,
warranties, and obligations under this Agreement, the State will agree to postpone and reset the
special commissioners hearing regarding the Property which is currently set for August 24th, 2017 to
a date mutually agreeable between the parties. The Grantor agrees that this consideration represents
adequate and full compensation for the possession and use of the Property. The State will be entitled
to take possession and use of the Property upon full execution of the Agreement. The parties agree
that the sum tendered to Grantor, if any, will be deducted from any final settlement amount, Special
Commissioners' award or court judgment. In the event the amount of the final settlement or
judgment for acquisition of the Property is less than the amount the State has paid for the possession
and use of the Property, then the Grantor agrees that the original amount tendered represents an
overpayment for the difference and, upon written notice from the State, the Grantor will promptly
refund the overpayment to the State.
3. The effective date of this Agreement will be August 24, 2017, which is the currently scheduled date
for the Special Commissioners hearing relating to the Property, (the "Effective Date").
NPUA*
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Replaces Forth ROW -N-7
Page 2 of 4
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except those identified on that certain title commitment issued by Capital Title of
Texas (First National Title Insurance Company) May 23, 2017, GF No. 16 -260842 -GT, or that
proper releases will be executed for the Property prior to funds, if any, being disbursed under this
Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee
title to the Property and further agrees to indemnify the State 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 State 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 State 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 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 State, 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 State'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. There will be no project impact upon the appraised
value of the Property. This grant will not prejudice the Grantor's rights to any relocation benefits for
which Grantor may be eligible.
7. In the event the State institutes or has instituted eminent domain proceedings, the State 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 State
until entry of judgment.
8. The purpose of this Agreement is to allow the State to proceed with its Highway Construction
Project without delay and to allow the Grantor to have additional time to undertake settlement
negotiations and/or prepare for a contested special commissioners' hearing for the State's acquisition
of a real property interest in the Property. The Grantor expressly acknowledges that the proposed
Highway 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 Highway 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 State to take and use all other
minerals and materials thereon, and thereunder.
Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 3 of 4
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property, including prorated taxes for the year in which the
State takes title to the Property.
11. Notwithstanding the acquisition of right of possession to the Property by the State 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 State 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 State will record this document.
14. Other conditions: N/A.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the
limitations set forth above.
GRANTOR:
SOVEREIGN HOSPIT ITY GROUP OF ROUND ROCK, INC.
By: PW
Printed Name: (till % 1n4� T l`'L
Title:�r
Date: Z3 1 7
Acknowledeement
State of Texas
County of Williamson
This instrument was acknowl dged before me on a� � 1 %
by ,li'1Gt i"G{L.,e lip _ , in the capacity and for the purposes and consideration recited
herein.
Notary Publics Signature
MARGIE ROBERTS
My Notary ID # 130858883
-:�E �•�;, Expires October 11, 2020
STATE:
State of Texas, acting by and through the
City of Round Rock, Texas
By: & [-�
Laurie Hadley, City Manager
Date: " 1�0—
Acknowledgement
State of Texas
County of Williamson
Forth ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 4 of 4
This instrument was acknowledged before me on ' ►vt , ff"'-Q -2vi(4
by Laurie Hadley, City Manager of the City of Round Rock, Texas, in the capacity 6d for the purposes and
consideration recited herein.
������►ni+'���� awl .,.
• o�PRY PVBI/ Notary Publics Signature
CO
9TF0FZ��O
Reissued 12/04/15
Pagel of 4
EXHIBIT A
County:
Williamson
Highway:
R. M. 620
Limits:
Deepwood Dr. to IH 35
CSJ:
0683-01-092
PROPERTY DESCRIPTION FOR
PARCEL 24
DESCRIPTION OF A 0.029 ACRE (1,244 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1 OF THE COMFORT SUITES SUBDIVISION RECORDED IN CABINET P, SLIDES 174-175 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO SOVEREIGN
HOSPITALITY GROUP OF ROUND ROCK, INC. BY INSTRUMENT RECORDED IN DOCUMENT NO.
2002056223 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.029
ACRE (1,244 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %" iron rod set stamped "Inland 4933", 281.71 feet left of proposed
Ranch to Market (R.M.) 620 baseline station 504+30.56, being the most northwesterly corner of that
0.525 acre tract of land conveyed to Walton Cotton Revocable Trust by instrument recorded in Document
No. 2011005529 of the Official Public Records of Williamson County, Texas, same being an angle point
in the westerly right-of-way (ROW) line of the south bound frontage road of I.H. 35, being the easterly
boundary line of said Lot 1;
THENCE, with the common boundary line of said Lot 1 and said 0.525 acre tract, S 11°09'53" W for a
distance of 217.58 feet to a %Z" iron rod with TxDOT aluminum cap set, 67.68 feet left of proposed R.M.
620 baseline station 504+69.69, being the curving proposed northerly ROW line of R.M_ 620, (ROW width
varies), for the most northeasterly corner and POINT OF BEGINNING of the herein described parcel;
1) THENCE departing said proposed northerly ROW line, with said common boundary line,
S 11°09'53" W a distance of 44.90 feet pass a'/Z' iron rod found and continuing for a total distance
of 45.35 feet to a calculated point, being the existing northerly ROW line of R.M. 620, (80' ROW
width), for the most southeasterly corner of said Lot 1, same being the most southwesterly corner of
said 0.525 acre tract, for the most southeasterly corner of the herein described parcel;
2) THENCE, departing the westerly boundary line of said 0.525 acre tract, with said existing northerly
ROW line, same being the southerly boundary line of said Lot 1, N 70°32'24" W for a distance of
25.26 feet to a calculated point, being the most southeasterly corner of Lot 1 of the Wendy
Subdivision recorded in Cabinet K, Slide 123 of the Plat Records of Williamson County, Texas and
conveyed to Pisces Food, LLC by instrument recorded in Document No. 9542882 of the Official
Public Records of Williamson County, Texas, being an angle point in the southerly boundary line of
said Lot 1 (Comfort Suites Subdivision), for the most southwesterly corner of the herein described
parcel;
3) THENCE, departing said existing northerly ROW line, with the common boundary line of said Lot 1
(Wendy's subdivision) and said Lot 1 (Comfort Suites Subdivision), N 11009'53" E for a distance of
54.38 feet to a W iron rod with TxDOT aluminum cap set, 75.66 feet left of proposed R.M. 620
baseline station 504+42.82, with said proposed northerly ROW line of R.M. 620, for the most
northwesterly corner of the herein described parcel;
Reissued 12/04/15
Parcel 24 Page 2 of 4
THENCE, departing said common boundary line, with said proposed northerly ROW line, through the
interior of said Lot 1 (Comfort Suites Subdivision), the following two (2) courses:
4) S 51012'16" E for a distance of 9.25 feet to a '/2" iron rod with TxDOT aluminum cap set, (to be
replaced with TxDOT Type II monument) 72.91 feet left of proposed R.M. 620 baseline station
504+51.65, for a point of curvature to the left;
5) Along said curve to the left, having a delta angle of 02°13'41", a radius of 483.00 feet, an arc length
of 18.78 feet, and a chord which bears S 52°19'05" E for a distance of 18.78 feet to the POINT OF
BEGINNING, containing 0.029 acres (1,244 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
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 Professional Land Surveyor, do hereby certify that the above
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.
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
V
T
DBCRIPTION Re I ssueG 12/04/15
PACE 3 OF 4
INUMBERI
DELTA
I RADIUS
I LENGTH
I CHORD
CHORD
C
C I
02° 1 3' 4 1 "
483. 00'
1 8. 78'
18.78'
N I I° 09' 53"E.
BEARING
552° 19' OS"E
't:+1
F�
BROKEN
s•
a
Off,
t=
's
r
SOVEREIGN HOSPITALITY Ile
(1-2)
L
N I I° 09' 53"E.
GROUP
GROUP OF 9.
ROUND ROCK INC.
�, THE WALTON COTTON
54,38'
0 25 50
DOC. NO. 200 056223
co REVOCABLE TRUST
a
(0.525 A.)
LOT I 0. P. R.W. C.T.
(0.525 AC.)
DOC. NO. 2011005529
EXISTING R' 0'
COMFORT SUITES
SUBDIVISION (+/-2.27' AC.)
CAB. P, SL. 174-175 -
P. R. W. C. T.
P.O. R.
PARCEL 24
STA. 504.30.56
P. 0• R
x 1" = 50'
x a
•�
1 281.71' LT
PARCEL 24
STA. 504.30.56
z
_
,LOT
I,
0, 281.71' LT
153%NG
O £XR•O.W.
PT STATION
r
S83° 26' 34 "E
P. C. P, I,
PARCEL 24
1
U,
LOT
1 ` (S8i° 53' 38"E)
67.68' LT
N. T. S.
o �N
'L 24
A
DETAIL .A"
d °
N� W
o i
N. T. S.
w N
LOT I
0. 874 AC.
BASELINE
s•
a
SII°09'53"W
t=
's
r
WENDY' S SUBD I'VI S I ON r� 1
(1-2)
L
N I I° 09' 53"E.
CAB. K, SL.: 123
P. R. Vt. C. T, �p'D
�, THE WALTON COTTON
54,38'
0.45'
24
a
co REVOCABLE TRUST
a
(0.525 A.)
TANGENT
(0.525 AC.)
DOC. NO. 2011005529
EXISTING R' 0'
PISCES FOOD, LLC
' 1: 0. P. R. W. C. T.
DOC. NO. 9542882
STA, 504 51.65
EXISTING R.O.W.
R. M. 620
PC STATION
72.91' LT
PT STATION
P.O.B.
P. C. P, I,
PARCEL 24
pR�Os£D ,
STA. 504.69.69,
DETAIL "B"
67.68' LT
N. T. S.
'L 24
0 Cl 0.029 AC.
1,244 SO, FT.
STA. 504+42.82
0
0
75.66' LT
.0
r
LAI
_
N70° 32' 24 "W 88.87' (L2) „28'
EXISTING R. o. w.
L2
PROPOSED R.M. 620 BASELINE
503^00 S6B•28'35'E 883.35' 504-00
505.00
N
O
PROPOSED R.M. 620
X- I 14
BASELINE
R. M. 620
a
SII°09'53"W
PI STATION
506.61.32
(80' R.O.W. WIDTH)
N
(1-2)
DELTA
08' 44' 04' !LT)
L3
NII°09'53"E
54,38'
DEGREE OF CURVE
02. 35' 33'
9.25'
a
TANGENT
166.78
LENGTH
336.90
RADIUS
2210.00
EXISTING R.O.W.
PC STATION
= 504.92.55
PT STATION
508.29.45
P. C. P, I,
P. T,
X=3129984,2848 3 30 1,2941 X=3130305.8858
Y=10160295,0466 Y=10160233.1239 Y=10160195.7621
NUMBER
DIRECTION
DISTANCE
LI
SII°09'53"W
45.35'
L2
N70° 32' 24 "W
25.26'
(1-2)
(N70°12'56"W)
(25.04')
L3
NII°09'53"E
54,38'
1-4
S51° 12' 16"E
9.25'
PARCEL PLAT SHOWING PROPERTY OF �.
INLANDu
GEODETIC$ SOVEREIGN HOSPITALITY /Taxes Dapartmentofnansportatlon
PROfES??L LAND SURVEYORS GROUP OF ROUND ROCK, INC.
1504CHISDROCK,HOLINI AIL RD. X.786TE.103 SCALE CSJ PROJECT COUNTY PARCEL 24
ROUND ROCK, TX. 78681
H. (512) 238-1200, FAX (512) 238-1251 I " 50' 0683-0 I -092 RM 620 W I LL I AMSON
EXHIBIT , A "
LEGEND
Reissued 12/04/15
PAGE 4 OF 4
■
TXDOT TYPE I CONCRETE MONUMENT FOUND
R.
PROPERTY LINE
/2" IRON ROD SET W/ TXDOT ALUMINUM CAP
( )
RECORD INFORMATION
TO BE REPLACED BY TYPE it MONUMENT
LINE BREAK
CE
TXDOT TYPE II CONCRETE MONUMENT FOUND
til
P. 0. B.
LAND HOOK
POINT OF BEGINNING
1/2" IRON ROD FOUND UNLESS NOTED
P.O.R.
POINT OF REFERENCE
O
112" IRON ROD FOUND W/PLAST I C CAP
N. T. S.
NOT TO SCALE
D. R. W. C. T.
DEED RECORDS
O
COTTON GIN SPINDLE FOUND
WILLIAMSON COUNTY,
TEXAS
X
X CUT FOUND
O.R.W.C.T.
OFFICIAL RECORDS
A
6O/D NAIL FOUND
WILLIAMSON COUNTY,
TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
p
CALCULATED POINT
WILLIAMSON COUNTY,
TEXAS
O
1/2" IRON ROD W/ ALUMINUM CAP
P.R. W. C.T.
PLAT RECORDS
STAMPED "TXDOT" SET
WILLIAMSON COUNTY,
TEXAS
(UNLESS NOTED OTHERWISE)
CENTER LINE
I) All bearings shown hereon ore based on grid bearing. All distances are surface distances. Coordinates
ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined
surface adjustment factor of 1.00011.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.
9691-14-1034, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE
JANUARY 31, 2014.
I. RESTRICTIVE COVENANTS= CABINET P, SLIDE 174, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
IOE. A PUBLIC UTILITY EASEMENT 25 FEET IN WIDTH ALONG THE ENTRANCE LANE OF SUBJECT PROPERTY, AS SHOWN PER THE
RECORDED PLAT THEREOF, AFFECTS AS SHOWN.
F. DRIVEWAY ACCESS FROM RM 620 IS RESTRICTED TO ONE LANE ONLY AND IS FOR INGRESS PURPOSED ONLY AS STATED ON
THE PLAT RECORDED IN CASBINET P. SLIDE 174, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
G. A WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED UNDER VOLUME 1502, PAGE 905, OF
THE OFFICIAL RECORDS OF WILLAIMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
H. A PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED IN DOCUMENT NO. 2000048523,
OF THE OFFICIAL PUBLIC RECORDS OF WILLAIMSON COUNTY, TEXAS, DOES NOT AFFECT.
I. A PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK. BY INSTRUMENT FILED IN DOCUMENT N0, 2000048524,
OF THE OFFICIAL PUBLIC RECORDS OF WILLAIMSON COUNTY, TEXAS, DOES NOT AFFECT.
J. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN WATER POLLUTION ABATEMENT PLAN AS REFERENCED IN
AFFIDAVIT RECORDED IN DOCUMENT NO. 9858135, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT
K. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN RECIPROCAL ACCESS AND PARKING AGREEMENT, BY AND BETWEEN
SOVEREIGN HOSPITALITY GROUP OF ROUND ROCK, INC., AND PISCES FOODS, L.P., RECORED UNDER DOCUMENT NO.
2000042463, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
M. STEPHEN TRUESDALE DATEi
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
I N LAN Du
GEODE -TICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE, 103
ROUND ROCK, TX. 78681
1 PH. (512) 238-1200, FAX (S12) 238-1251 p
PARCEL PLAT SHOWING PROPERTY OF
SOVEREIGN HOSPITALITY
GROUP OF ROUND ROCK, INC.
SCALE CSJ a PROJECT I COUNTY
I" = 50 0683-01-092 1 RM 620 IWILLIAMSON
ACQUISITION 0.029 1 1,244
CALC/DEED AREA +/-2. 271 98, 881
REMAINDER AREA -/-2.241 97,637
Volk
Af Texas Department of 7Yansportallon
PARCEL 24
City of Round Rock
J/ROUND ROCK
XAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Possession and Use Agreement for Transportation
Purposes with the Texas Department of Transportation and Sovereign
Hospitality Group of Round Rock, Inc. regarding the RM 620 Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/8/2017
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: 00384998.PDF, 00385012.PDF
Department: Legal Department
Text of Legislative File CM -2017-1471
Consider executing a Possession and Use Agreement for Transportation Purposes with
the Texas Department of Transportation and Sovereign Hospitality Group of Round Rock,
Inc. regarding the RM 620 Project.
City of Round Rock Page 1 Printed on 91712017