R-2018-5560 - 6/28/2018 RESOLUTION NO. R-2018-5560
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 for the acquisition of certain property from Seventeen SAC Self-Storage
Corporation ("UHaul"), with such property to be used for improvements to RM 620; and
WHEREAS, the City/State and UHaul have now agreed to enter an uncontested compensation
award in condemnation suit Cause No. 18-0532-CC 1 for the property to be acquired as part of the RM
620 construction project (Parcel 2); and
WHEREAS, in order to set forth the specific terms and procedures for entry of the uncontested
compensation award the City, the State, and UHaul wish to enter into a Rule 11 Condemnation
Settlement Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City and State a
Rule 11 Condemnation Settlement Agreement with Seventeen SAC Self-Storage Corporation, 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 as required by law at all tunes 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 Govermnent Code, as amended.
0112.1804;00403383
RESOLVED this 28th day of June, 2018.
4 //m /
CRAIG Y40RG Mayor
City of Round R , Texas
ATTEST:
*4U� "
SARA L. WHITE, City Clerk
2
EXHIBIT
„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
June 5, 2018
RULE 11 CONDEMNATION SETTLEMENT AGREEMENT
Via e-mail rhiannon zuleger@uhaul.com
Rhiannon Zuleger
Real Estate Rep—Dispositions& Eminent Domain
2727 North Central Ave., Suite 500
Phoenix,Arizona 85004
Re: RM620—City of Round Rock
Cause No. 18-0532-CCI
TxDoT Parcel No. 2
Dear Rhiannon:
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
Seventeen SAC Self-Storage Corporation ("UHaul") 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 UHaul agrees to accept, the total sum of
$149,322, which amount is apportioned as follows: (a) $135,586 for the
0.136 acre of fee simple right of way (Parcel 2) and (b) $13,736 for the
0.158 acre Public Utility Easement (Parcel 2 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 UHaul. 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 the hearing
which is currently scheduled for July 11, 2018.
2. State agrees to deposit the sum of $149,322 in the registry of the court
within 14 days after the entry of the Agreed Special Commissioners
Award as set out herein.
00402536.DOC
3. It is agreed that neither State nor UHaul 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 teens of our Rule 11 agreement and the
settlement reached between the State and Uhaul, please so indicate by having the
appropriate person execute this letter in the space indicated below on behalf of UHaul.
Very truly yours,
c'41N, �.
Don Childs
Sheets & Crossfield, P.C.
Attorneys for City of Round Rock, Texas
and The State of Texas
AGREED AND ACCEPTED:
SEVENTEEN SAC SELF-STORAGE CORPORATION
By:
Its:
2
AGREED AND ACCEPTED:
CITY OF ROUND ROCK and THE STATE OF TEXAS,
acting by and through the City of Round Rock
By:
Craig Morgan, Mayor
i
3