R-2018-5274 - 3/22/2018 RESOLUTION NO. R-2018-5274
WHEREAS, the City of Round Rock ("City") and the State of Texas, acting by and through
the Texas Department of Transportation ("State") have entered into an agreement setting out
procedures and responsibilities for the acquisition of property to be used in the construction of
proposed improvements to RM 620 in the City; and
WHEREAS, the City of Round Rock used its eminent domain authority and initiated a
condemnation suit j or the acquisition of certain property from Regency Centers, L.P. ("Regency"),
with such property to be used for improvements to RM 620; and
WHEREAS, the City/State and Regency have now agreed to enter an uncontested
compensation award in condemnation suit Cause No. 18-0207-CC4 for the property to be acquired as
part of the RM 620 construction project (Parcel 26); and
WHEREAS, in order to set forth the specific terms and procedures for entry of the uncontested
compensation award the City, the State, and Regency wish to enter into a Rule 11 Condemnation
Settlement Agreem,nt.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, T°EXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City and State a
Rule 11 Condemnation Settlement Agreement with Regency Centers, L.P., a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public is 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.
0112.1804;00397228
RESOLVED this 22nd clay of March, 2018.
4 m /
CRAIG MORG N, Ma
City of Round ock, Te s
ATTEST:
WWL"
SARA L. WHITE, City Clerk
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LEX,HIBIT
A„
sheets &Crossfield, P.C
ATTORNEYS AT LAW
309 East Main Street.Round Rock,TX 78664-5246
Phone 512-255-8877.fax 512-255-8986
February 16, 2018
RULE 11 CONDEMNATION SETTLEMENT AGREEMENT
Via e-mail criktompkins@regencycenters.com
Erik Tompkins
Director, Property Operations—Central Region
3700 Buffalo Speedway, Suite 560
Houston,Texas 77098
Re: RM620—City of Round Rock
Cause No. 18-0207-CC4
TxDoT Parcel No. 26
Dear Erik:
Please allow this letter to constitute a Rule 11 Settlement and Condemnation
Agreement between City of Round Rock, Texas and The State of Texas ("State") and
Regency Centers, L.P. ("Regency") in connection with the project identified herein and
the property to be acquired as part of the RM 620 construction project. The terms of this
Agreement and the settlement reached are follows:
1. State agrees to pay, and City agrees to accept, the total sum of$71,610,
which amount is apportioned as follows: (a) $56,110 for the 0.035 acre of
fee simple right of way (Parcel 26) and (b) $15,500 for the 0.102 acre
Public Utility Easement (Parcel 26 PUE) sought to be acquired in a
proposed condemnation suit, any improvements contained within the right
of way, and any damages to or costs for reconfiguration of the remaining
property of Regency. The property and easement rights to be acquired are
further described in Plaintiff's Original Petition for Condemnation on file
in this Cause.
The parties agree that an Agreed Special Commissioners Award in this
amount shall be entered by the appointed commissioners at a hearing to be
scheduled by State to occur on a date as soon as possible after execution of
this Agreement, and which hearing may occur with less than 20 days
advance notice to Regency if necessary.
00395736.DOC
2. State ap0rees to deposit the sura of$71,610.00 in the registry of the court or
pay such amount directly to Regency within 14 days after the entry of the
Agreed Special Commissioners Award as set out herein.
3. It is agreed that neither State nor Regency shall File objections to the
Award of Special Commissioners in this cause as long as State deposits or
pays the amount of the Award pursuant to the terms as stated herein.
If this letter correctly sets forth the terms of our Rule 1.1 agreement and the
settletnent reached between the State and Regency, please so indicate by having the
appropriate person execute this letter in the space indicated below on behalf of Regency.
Very truly YOUrs,
d,-
Doli Childs
Sheets& Crossfield, P.C.
Attorneys for City of Round Rock, Texas
and The State of Texas
AGREED AND ACCEPTED:
REGENCY CENTERS,, L.P.
B
ick Kr
Its: Senior Vice f resident
AGREED AND AC(...EP'I'ED:
CITY OF ROUND ROCK and TI-IE STATE OF TEXAS,
acting by and through the City of Round Rock
By:
Craig Morgan, Mayor
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