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R-03-09-25-14F1 - 9/25/2003RESOLUTION NO. R -03-09-25-14F1 WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock ("City") and the public -at -large to construct and maintain SH -45 and to perform associated public purposes ("Project"), and WHEREAS, the City has a need to acquire approximately 0.34 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project, and WHEREAS, a suit to condemn this property is currently pending in the 277th District Court in Williamson County, Texas under cause number 02-573-C277 and styled the City of Round Rock, Texas v. Wayman Company, et. al., and WHEREAS, since the institution of this action the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of $68,320, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposed settlement amount of $68,320 is a fair and equitable amount for the settlement of the condemnation case, and BE IT FURTHER RESOLVED That the Mayor and/or the city attorney shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the QPFDesktop\;:DOHA/WORLDOXj0;/WDOX/RESOLUTI/R30925F1.WPD/dc public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2003. AT E$T : LL, Mayor C y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 2 y Cause No. 02-573-C277 CITY OF ROUNDROCK, TEXAS § § IN THE 277TH JUDICIAL VS. § § DISTRICT COURT WAYMAN COMPANY § § OF WILLIAMSON COUNTY, TEXAS MEMORANDUM OF AGREEMENT On the 8th day of September, 2003, the parties in the above -referenced case reached an agreement. This agreement shall be filed among the papers of this cause as a R Each party acknowledges that they have conferred with counsel re ule 11 agreement. entering this agreement prior to signing it. The parties (1) regarding the advisability of acknowledge that the mediator is not acting as their counsel and has not and will not render any legal advice re the matter mediated or the reasonableness of the settlement agreement; regarding the merits of g settlement agreement, understand it, agree to the terms stated in • menta and (2) have read the it, and believe that it is in their best interest. The of the agreement are as follows: 0.1 4 Co.K ,opt ► /� acc e , f- a K CN t' ,4 -tan terms ,t e c t, ce /moi.► /w¢.t_ a2 %_ a v- fi ES � C as cokde, ka 7'5' cuee__ -c mac- a `L,-sAt 1.So-e w,'/ ✓K �oc,eos-(s. T—o // dt e .© eti`� �k • a cia,-a1/.-z i - Page 1 - eases a Pa &Ji�-- i et ---enc- - s a/a OYI r QeaA ct;02i- - Page2 - Signed this gtli day of September, 2003. PLAINTIFFS City of Roundr, ck, T ATTORNEY FOR T P AINTIFF on Childs & Steve Sheets DEFENDANT ATTORNEY FOR DEFENDANT — Scott Moore - Page3 - DATE: SUBJECT: ITEM: Resource: History: September 19, 2003 City Council Meeting - September 25, 2003 14.F.1. Funding: Cost: Source of Funds: Outside Resources: Impact/Benefit: Public Comment: Sponsor: Consider a resolution authorizin condemnation proceedingg the settlement of a Texas vs. Wayman styled City of Round Rock, Texas vs. Company, regarding the purchase of y for the SH -45 project. Steve Sheets, City Attorney Jim Nuse, City Manager The Council previously authorized the acquisition of approximately 0.34 acres of land for the construction SH 45 in Round Rock. of held before three condemnationOcommy 28, issioners 3, a hearing was determine the amount of compensation due to the Hers to Wayman Company for the acquisition of the property. The three commissioners awarded the Wayman p rty. which award was a Company Court by the Wayman Companyppealed to the District On September 9, 2003, a mediation was held in Austin which was attended by Company, Jim Nuse and Steve Sheets. of the t Waymansentatives settlement was reached duringaA tentative the m subject to City Council a mediation that is calls for payment to the Wapproval. The tentative agreement of $68,320,00, which was the amount of com yman Company in the amount determined by the City's appraiser pensation adoptWayman to be due the Company, Staff recommends that the Council adotthisresolution approving the settlement agreement and authorizing the execution of settlement documents a payment of $68,320.00, nd $68,320.00 48 Transportation Corporation Sales Tax N/A Allows for construction of SH 45 to relieve traffic congestion in the City. N/A N/A