CM-2018-1615 - 1/19/2018Approved out of process
Pending signature from other
party
Originals returned to legal
for final execution
1-19-18
orm ROW-N-PUA
Page i of 5
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS § RoundviIle Lane
COUNTY OF WILLIAMSON §
This agreement, effective the iql�day of ' uz i -,q, 2018, between the City of Round
Rock, Texas, (the "City"), and Alpha Westinghouse~ enture., L.L.C., a Texas Limited Liability
Company (the "Grantor(s)" whether one or more), &ants the irrevocable right to possession and
use to the City, its contractors, agents and all others deemed necessary by the City for the purpose
of constructing a portion of the RoundviIle Lane Extension Project (the "Project"). The property
involved 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 City which is set forth in Paragraph two below, the receipt
and sufficiency of which is acknowledged, Grantor(s) grant, bargain, sell and convey to the
City the right of entry and exclusive possession and use of the Property for the purpose of
acquiring an easement to construct the Project, including laying out, opening, constructing,
reconstructing, maintaining, widening, straightening, extending, and operating the roadway in
Williamson County, Texas, including utility improvements, public drainage utility
infrastructure improvements, the construction of a sidewalk, and/or other public uses and
purposes as permitted by law. Authorized activities include surveying, inspection,
environmental studies, archeological studies, clearing, demolition, construction of permanent
improvements, improving existing utility facilities, , and other work required to be performed
in connection with the Project. This Possession and Use Agreement will extend to the City, its
contractors and assigns, owners of any existing utilities on the Property and those which may
be lawfully permitted on the Property by the City in the future. This grant will allow the
construction, relocation, replacement, repair, improvement, operation and maintenance of
these utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use, the City will tender to the
Grantor(s) the sum of TWENTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-FOUR
DOLLARS AND 79/100 ($25,724.79). The parties agree that the sum tendered represents the
City's determination of the just compensation owed to the Grantor(s) for the easement interest
to be acquired by the City in the Property, encumbered with the improvements thereon, if any,
and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties
agree that this sum will be deducted from any final settlement amount, award or verdict. In
the event the amount of the award or verdict for fee title is less than the amount the City has
paid for the possession and use of the Property, then the Grantor(s) agree that the original
amount tendered represents an overpayment and the City is entitled to seek a refund. In the
event the award of the Special Commissioners is greater than the approved value, the difference
will be deposited in the registry of the Court within 45 days from the date the Special
Commissioners render their Award. In the event any settlement or final judgment exceeds the
amount paid pursuant to this agreement and the award of the Special Commissioners, the City
shall pay said additional funds to Grantor(s) by direct payment or deposit in the registry of the
Court within 45 days of such execution of settlement or final judgment.
3. The Grantor(s) warrant and represent that the title to the Property is free and clear of all liens
Possession & Use Agreement
Roundville Lane Project
Pape 2 of 5
and encumbrances, and that proper releases will be executed for the Property prior to funds
being disbursed under this Agreement. The Grantor(s) further warrant that no other person or
corporation owns an interest in the fee title to the Property. Grantor(s) further agree to
indemnify the City from all unreleased or undisclosed liens, claims or encumbrances affecting
the Property. The above warranties are made by Grantor and accepted by the City subject to
the following:
A. Visible and apparent easements not appearing of record.
B. Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show.
C. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and
conveyances) presently of record in the Official Public Records of Williamson County,
Texas, that affect the Property, but only to the extent that said items are still valid and in
force and effect at this time.
4. This Agreement is made with the understanding that the parties will continue to pursue an
amicable resolution of this matter. However, should such efforts be unsuccessful, the City
agrees to provide a bona fide offer pursuant to Chapter 21 of the Texas Property Code,
supported by an appraisal, to Grantor(s) within 60 days of the execution of this Agreement.
The City also agrees that it shall file a petition in condemnation and request that the Court issue
an order appointing special commissioners, in the event this matter has not been resolved,
within 120 days of the execution of this Agreement.
5. The parties agree that the valuation date for determining the amount of just compensation for
the fee title for the Property, for eminent domain proceeding purposes, will be the date the
award of the special commissioners is tendered to the registry of the court or, if the award is
not greater than the consideration paid for this Agreement, the date of the Special
Commissioners' hearing.
6. This grant will not prejudice Grantor's rights to receive full and just compensation for the fee
title interest to be acquired by the City in the Property, as improved with the improvements
thereon, if any, and damages, if any, to the remainder of Grantors' lands, save and except all
oil, gas and sulphur. 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 City, 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 removal or construction of improvements on the Property in connection
with the Project 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 City continues with the eminent domain proceedings, the City will not be liable
to Grantor(s) for interest upon any award or judgment as a result of such proceedings for the
Error! Unknown document property name.
Possession & Use Agreement
Roundville Lane Project
Page 3 of 5
amount paid to Grantor(s) under this Agreement for any period of time prior to the date of the
award. Payment of any additional interest owed may be deferred by the City until entry of
judgment.
The purpose of this agreement is to allow the City to proceed with its Project without delay
and to allow the Grantor to have the use at this time of estimated compensation for the City's
acquisition of a real property interest in the Property. The Grantor expressly acknowledges
that the proposed 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 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. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive
all right of ingress and egress to the surface for the purpose of exploring, developing, mining
or drilling. Nothing in this reservation will affect the title and rights of the City to take and use
all other minerals and materials thereon, and thereunder. The extraction of oil, gas and
minerals may not affect the geological stability of the surface.
10. The undersigned Grantor(s) agree to pay all ad valorem taxes as they become due, including
prorated taxes for the current year and special assessments due at the time the City takes
possession of the Property. Prorations shall be made through the date when the City of
Georgetown takes possession of the Property.
11. Notwithstanding the acquisition of right of possession to the Property by the City in an eminent
domain 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 City acquires title to the Property either by
negotiation, settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisces, executors, administrators,
legal representatives, successors and assigns of the parties.
13. It is agreed the City will record this document.
14. Other conditions: None.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the City and its assigns forever, for the purposes and subject to the
limitations set forth above.
IN WITNESS WHEREOF, THIS INSTRUMENT 1S EXECUTED ON THIS THE —DAY OF ,
2018.
Error? Unknown document property name.
GRANTOR:
Alpha Westinghouse Ventures, L.L.C., a Texas Limited Liability Company
By:_ -
Printed Name:
Title:
Date:
Corporate Acknowledgment
State of Texas
County of
Possession & Use Agreement
Roundville Lane Project
Page A of 5
This instrument was acknowledged before me on the _ day of 2018, by
on behalf of Alpha Westinghouse Ventures, L.L.C., a Texas Limited Liability
Company.
Notary Public's Signature
Error! Unknown document property name.
Possession & use Agreement
Roundville Lane Project
Page 5 of 5
APPROVED:
Assistant City Attorney
City of Round Rock, Texas
THE CITY OF ROUND ROCK, TEXAS
Executed by and approved for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs heretofore approved and
authorized by the City Council.
By: t
Title: A -55s • 1-�-�'i'''G�`"
Date:
Corporate Acknowledgment
State of Texas
County of
This instrument was acknowledged before me on the to day of r_., 2018, by i'o
'r __ _ „ C' ^,c A of and on behalf of the
City of Round Rock, Texas.
'17A. -V A _
Notary Public's Signature
I TARA C. AMBR0SE
MY COMMISSION EXPIRES
*22,2019
Error! Unknown document property name.
EXHIBIT "A"
0.505 ACRE
ROUNDVFLLE LANE
SIDEWALK EASEMENT
DESCRIPTION
FN.NO. 17-372(ABB)
DECEMEBER 05, 2017
JOB NO. 222010606
OF A 0.505 ACRE TRACT OF LAND OUT OF THE ME14UCAN HUNT SURVEY
ABSTRACT NO. 314 SITUATIED IN WILLIAMSON COUNTY, TEXAS BEING A
PORTION OF THAT CERTAIN 7.49 ACRE TRACT OF LAND CONVEYED TO ALPHA
WESTINGHOUSE VENTURES, LLC BY DEED OF RECORD IN DOCUMENT NO.
2015046891 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.505 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the southerly right-of-
way line of Roundville Lane (50' R.O.W.), being the common
northerly corner of that certain 2.281 acre tract of land conveyed
to Rock & Roe, LLC by deed of record in Document No. 2014069358 of
said Official Public Records and said 7.49 acre tract, for the
northwesterly corner hereof;
THENCE, N66028119 " E, leaving the northeasterly corner of said
2.281 acre tract, along the southerly right-of-way line of
Roundville Lane, being the northerly Line of said 7.49 acre tract,
for the northerly line hereof, a distance of 1263.70 feet to a 5/8
inch iron rod found in the westerly line of Lot 1, Block A, Final
Plat Glen Ellyn, Section 2, a subdivision of record in Document
No. 2017078137 of said official Public Records, being the
northeasterly corner of said 7.49 acre tract, for the
northeasterly corner hereof;
THENCE, S27 -13011411W, leaving the southerly right-of-way line of
Roundville Lane, along the common line of said Lot 1 and said 7.49
acre tract of land, for the easterly line hereof, a distance of
23.89 feet to the southeasterly corner hereof;
THENCE, leaving the westerly line of said Lot 1, over and across
said 7.49 acre tract, for the southerly line hereof, the following
eleven (11) courses and distances:
1) S66028123 " W, a distance of 602.43 feet to an angle point
hereof;
2) S54007120 " E, a distance of 4.38 feet to an angle point
hereof;
3) S66028119 " W, a distance of 115.54 feet to an angle point
hereof;
4) S23°31'41" E, a distance of 7.78 feet to an angle point
hereof;
5) S66027134 " W, a distance of 40.38 feet to an angle point
hereof;
FN 17-372(ABB)
DECEMBER 05, 2017
PAGE 2 of 2
6) S74054117 " W, a distance of 53.39 feet to an angle point
hereof;
7) S66026115 " W, a distance of 301.61 feet to an angle point
hereof;
8) S27024134 " W, a distance of 19.53 feet to an angle point
hereof;
9) S66032117 " W, a distance of 14.41 feet to an angle point
hereof;
10) N23030106 " W, a distance of 12.27 feet to an angle point
hereof;
11) S66026115 " W, a distance of 93.78 feet to a point in the
easterly line of said 2.281 acre tract, being the westerly
line of said 7.49 acre tract, for the southwesterly corner
hereof;
THENCE, N54006151 " W, along the common line of said 2.281 acre
tract and said 7.49 acre tract, for the westerly line hereof, a
distance of 22.07 feet to the POINT OF BEGINNING, and containing
an area of 0.505 acre (21,987 square feet) of land, more or less,
within these metes and bounds.
BEARING BASIS: BEARING ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83(96), CENTRAL ZONE, UTILIZING WESTERN
DATA SYSTEMS CONTUNALLY OPERATING REFERENCE STATION (CORS) NETWORK
AND CALIBRATED TO CITY OF ROUND ROCK SURVEY CONTROL MONUMENTS 01-
017, 01-019, 01-020, AND 01-029 AT THE TIME OF SURVEY.
I, MATTHEW J. RAABE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
STANTEC CONSULTING
SERVICES, INC.
1905 ALDRICH STREET
SUITE 300
AUSTIN, TEXAS 78723
Ce/ (7-G-(7
MATHEW J. RAABE
R.P L.S. NO. 6402
STA E OF TEXAS
TBPLS NO. 10194230
matthew.raabe@stantec.c
EMPLOYEE -OWNED
COMPANIES INC
DOCUMENT N0. 2017006667
REMAINDER OF
3.892 ACRES
VERMEER EQUIPMENT
OF TEXAS, INC.
DOCUMENT No.
2010066248
7XU SUB STA71ON
CAB. T, SLS 98-99
USAN Gt° 3�
LO7 5A
LOT 1, BLOCK A
FINAL PLAT GLEN
ELLYN, SECTION 2
bOCUMENT No.
20]7078137
0 80 160 320
i "=160,
7.49 ACRES
ALPHA
WESTINGHOUSE
VENTURES, L.L.C.
DOCUMENT NO.
2015046891
1b
NEW RAABE ~..
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(21,987 SQUARE FEE'
SIDEWALK EASEMENT
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SKETCH TO ACCOMPANY DESCIUFnON
OF A 0.505 ACRE TRACT OF LAND OUT OF THE MEMUCAN
CITY OF
1205A1drlchftwtSOY 300
HUNT SURVEY ABSTRACT No, 314 SITUATED IN WILLIAMSON
COUNTY, TEXAS BEING A POR71DN OF THE 7.49 ARCE
ROUND ROCK
Au,@a,T0.au70723
Tel. (612)320.0011 -an (512)328M26
TRACT OF LAND CONVEYED To ALPHA WESTINGHOUSE
VENTURES, LLC BY DEED OF RECORD IN DOCUMENT NO.
RECORDS OF
SHEET 1 OF 2
TOPE 0 F•0324 TOPES M 10194230
Cvpyri0h102017
2015046891 OF THE OFFICIAL PUBLIC
WILLIAMSON COUNTY, TEXAS
DATE: 1210512017 1 DRAWN BY: ABB
FN: 17•372IABBj FILE:I1U81581•FoilwoRKc3ROUP1222MCTIYE122AIMB%SURVEY PROJECT No. 222010808
\\ur1561
Doo 5, 17 12:59 PAI by. aburktund
LEGEND
P.O.B. POINT OF BEGINNING
0
1/2" IRON ROD FOUND
(UNLESS OTHERWISE NOTED)
LINE TABLE
NO.
BEARING
DISTANCE
L1
S27'30'14"W
23.89'
L2
S54'07'20"E
4.38'
L3
S66'28'19"W
115.54'
L4
S23'31'41"E
7.78'
L5
S66'27'34"W
40.38'
L6
S74'54'17"W
53.39'
VICINITY MAP
N.T.S.
LINE TABLE
NO.
BEARING
DISTANCE
L7
S27 24'34"W
19.53'
LB
S66'32'17"W
14.41'
L9
N23'30'06"W
12.27'
L1O
S66'26'1 5"W
93.78'
L11
N 54'06'51 "W
22.07'
'441
BEARING BASIS NOTE
BEARINGS ARE BASED ON THE
TEXAS STATE PLANE COORDINATE
SYSTEM, NAD 83(96), CENTRAL
ZONE, UTILIZING WESTERN DATA
SYSTEMS CONTINUALLY OPERATING
REFERENCE STATION (CORS)
NETWORK AND CALIBRATED TO CITY
OF ROUND ROCK SURVEY CONTROL
MONUMENTS 01-017, 01-019,
01-020, AND 01-029 AT TIME OF
SURVEY.
\\u61581—
Dec 5, 17 12:59 PM by. aburklund
SKETCH TO ACCOMPANY DESCRIPTION
SO tam
OF A 0.505 ACRE TRACT OF LAND OUT OF THE MEMUCAN
CITY OF
ntec
HUNT SURVEY ABSTRACT No. 314 SITUATED IN WILLIAMSON
ROUND ROCK
19D5A1dilrh9ln.l,But&300
COUNTY, TEXAS BEING A PORTION OF THE 7.49 ARCS
Auf4",T4an76723
TRACT OF LAND CONVEYED TO ALPHA WESTINGHOUSE
Tel. (512)326.0011=mx1312) 32&0325
VENTURES, LLC BY DEED OF RECORD IN DOCUMENT NO.
OFFICIAL PUBLIC RECORDS OF
SHEET 2 OF Z
TOPE F•6324 TBPL3 0 101942W
CapV0102017
2015046891 OF THE
WILLIAMSON COUNTY, TEXAS
DATE 12/05/2017 DRAWN BY: ABB
FN: 17-372 (ABB) FILE:11U91601.F091WORXOROUP1222otACTIVE122201DGMURVEY PROJECTNo. 222010608
\\u61581—
Dec 5, 17 12:59 PM by. aburklund