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R-2019-0120 - 2/28/2019
RESOLUTION NO. R-2019-0120 WHEREAS, the City desires to acquire a 0.297-acre right-of-way parcel required for construction of the proposed Gattis School Road Phase 6 Project (Parcel 13); and WHEREAS, Menfi A. Management, LP, the owner of the property ("Owner"), has agreed to allow possession of said property to the City,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 a Possession and Use Agreement for Transportation Purposes with Menfi A. Management, LP, a copy of said agreement 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 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 28th day of February, 2019. IAI CRAIG NORGAayor City of Round Ro , Texas ATTEST: — 2A)VAL W�� SARA L. WHITE, City Clerk 011?.1902;00418669 i 1 EXHIBIT Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 1 of 5 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS § § Parcel No.: 13 COUNTY OF WILLIAMSON § Project: Gattis School Road(Ph. 6) This Possession and Use Agreement For Transportation Purposes (the"Agreement")between CITY OF ROUND ROCK, TEXAS ("Grantee"), and MENFI A. MANAGEMENT, LP (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to Gattis School Road and related utility adjustments (the "Project"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as"Exhibit A")and made a part of this Agreement by reference(the"Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged, the Grantor grants,bargains, and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and all related 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 Projects. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Projects. This grant will allow the construction, relocation, replacement,repair,improvement, operation and maintenance of utilities on the Property only. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of NINETY-TWO THOUSAND NINE HUNDRED EIGHTY-EIGHT and 00/100 Dollars ($92,988.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein, subject to the conditions in paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the Grantee's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the Grantee 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 the sum tendered to Grantor 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 Grantee 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 Grantee,the Grantor will promptly refund the overpayment to the Grantee. *NPUA* Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 2 of 5 3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2 above was tendered to the Grantor by the Grantee, or disbursed to the Grantor by a title company i acting as escrow agent for the transaction,(the"Effective Date"). 4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered 1827482- KFO effective June 26, 2018 by Independence Title/Title Resources Guaranty Company, and that proper releases will be executed for the Property prior to funds 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 Grantee 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 Grantee 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 Grantee 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 other 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 Grantee, 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 Grantee'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. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee 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 Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at the current time and continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly acknowledges that the proposed Project are 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. 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. Form ROW-N-PUA (12112) Replaces Form ROW-N-7 Page 3 of 5 Nothing in this reservation will affect the title and rights of the Grantee to take and use all other minerals and materials thereon,and thereunder. I 10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property until the Effective Date,including prorated taxes until the Effective Date for the year in which the Grantee takes title to the Property. I 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee 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 Grantee 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 Grantee will record this document. I 14. Other conditions:N/A 15.By its authorized signature below the following Tenants which have a leasehold interest in the Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein: Tenants: At no time during the possession of the Property by Grantee for the purposes described herein shall Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land for its current uses without prior advance agreement between Grantor/Tenant and Grantee. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the limitations set forth above. [signature pages folloul Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 4 of 6 GRANTOR: MENF1 A. MANAGEMENT,LP By: Aurora-Menfi Properties, LLC, a Texas limited liability company, Its General Partner By: Name: te 1) 'L Its: K A.J M I -x ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF / r .S This i_Ustrtjment was acknowledged before me on this the 7day of 2019 by <11 em V11, in the capacity and for the purposes and consideration recited herAin. Notary Publi&/rSfate of Texas Printed NameVW 'j li"ctin "M mscnj My Commission.Expires: VVI LIMA JOHNSON TARY PUBLIC % 11) 125696497 0(Te x,s xr,' 064)6,2021 Form ROW-N-PUA (12/12) Replaces Forth ROW-N-7 Page 5 of 5 GRANTEE: CITY OF ROUND ROCK,TEXAS i By. Craig Morgan,Mayor I t I I ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the_day of , 2019 by Craig Morgan,in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas Printed Name: My Commission Expires 01-15-2018 Page 1 of 4 EXHIBIT A County: Williamson Parcel : 13 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 13 DESCRIPTION OF A 0.297 ACRE (12,915 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK"K(3.016 ACRES), CHRIST COVENANT ADDITION,A SUBDIVISION OF RECORD IN CABINET T, SLIDE 8 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN GENERAL WARRANTY DEED TO MENFI A. MANAGEMENT, LP RECORDED IN DOCUMENT NO. 2007099309 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.297 ACRE (12,915 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" iron rod found 346.38 feet right of proposed Gattis School Road Baseline Station 164+33.11, being the southwesterly corner of said Christ Covenant Addition, same being the common northerly boundary corner of Lot 11 and Lot 12, Block"A", High Country, Section One, a subdivision of record in Cabinet J, Slides 29-31 of the Plat Records of Williamson County, Texas, also being the southeasterly corner of Lot 1, Block A, Final Plat of FBC Addition, a subdivision of record in Cabinet W, Slides 116-117 of the Plat Records of Williamson County, Texas; THENCE, with the common boundary line of said Christ Covenant Addition and said FBC Addition, N 17°12'14"W, for a distance of 274.38 feet to an iron rod with aluminum cap stamped"ROW 4933"(Grid Coordinates determined as N=10154973.58, E=3151514.86 TxSPC Zone 4203) set 73.57 feet right of proposed Gattis School Road Baseline Station 164+01.06 in the proposed southerly right-of-way(ROW) line of Gattis School Road (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed southerly ROW line, continuing with said common boundary line, N 17°12'14" W, for a distance of 30.58 feet to a calculated point in the existing southerly ROW line of Gattis School Road (ROW width varies), same being the common northerly boundary corner of said Christ Covenant Addition and said FBC Addition, for the northwesterly corner of the herein described tract; 2) THENCE, departing said FBC Addition, with said existing southerly ROW line, same being the northerly boundary line of said Christ Covenant Addition,along a curve to the right, having a delta angle of 08043'08", a radius of 2814.93 feet, an arc length of 428.36 feet and a chord which bears N 83027136" E, for a distance of 427.95 feet to a 1/2" iron rod found, being a point of compound curvature and the calculated northwesterly corner of High Country Boulevard (90' ROW width), for the northeasterly corner of the herein described tract; THENCE, departing said existing southerly ROW line, with the existing westerly ROW line of said High Country Boulevard, same being the easterly boundary line of said Christ Covenant Addition, the following two(2)courses: 3) Along a curve to the right, having a delta angle of 91°1637", a radius of 25.03 feet, an are length of 39.87 feet and a chord which bears S 46°24'27" E, for a distance of 35.79 feat to a 1/2" iron rod found, for a point of tangency; | ! Page 2o(4 4) g 00"47'47" E for distance of10JS feet hyall iron red with aluminum cap stamped "ROW � 4833 sot 86,84 feet right of proposed Go0h School Rood Baseline Station 108+69.80 in said proposed uouthady R0VV ||oe of Gattis 8uhno/ Rood. for Ule oouNnoa&ody corner of the herein daaohhed tract, and from which e i/%" iron red found in said existing High Countfy Boulevard � R0VV. being |ho southeasterly onmo, of said Christ Covenant Add|hoo, amno being U)o northeasterly corner of Lot 6, Block"A"said I ligh Country, Section One boars S 00'47'47" L', at a ' distance o(2&1.85feet; THENCE, departing said Hill Country 1301.11MI'd, Will) said proposed southerly ROW line of Gattis 8ohmd Road, through the interior of said Christ Covenant Addition, the following three(3)COLUSCS: S) N 45"52y63" W, for adistance of 25,48 feet to an |mu rod with aluminum cap stamped "ROW 4033^ set 88J4 haat right ofproposed Gattis School Road DaamUnm Station i88+41.33, for in angle point; 8) 8 84-49'43" W, for adistance cdJO1.14 feet (oen iron rod with m|um1nmnb 0ed "kC*V 4933^ set 70,22 feet right ufproposed Gattis School Rood Oaoa|ioe Station 185+31.38. for an � angle point; 7) G 78"33'10" 01 for distance of 126.61 fact to the POINT OF BEGINNING, containing 0,297 . acre(i2.815oquamfeet) o/land, more cvloss. This property description|oaccompanied byoseparate parcel plat. � All bearings recited heroin are based on the Texas State Plane Coordinate 8ynham, Central Zone No, � 42O3. NAD 83. THE STATE OFTEXA8 § § KNOVVALLMEN UYTHE8EPRESENTS: COUNTY(JFN8LL|Ak8SUN § That|. M. Stephen liuomdo/o. a Registered Pmbeni000| Land Gumoyo[ do hereby certify the\the above ' description is kuo and correct to the best nfmy knowledge and belief and that Ule propmrty dooudbad horoin was determined by a SUrvey made oil the grOLInd Under my direct suporvision. WITNESS/WYHAND AND SEAL miRoundRock,Williamson County, Toxan. ion I�64sdc�lo Date Rogistored Profossional ",' d "".,"'`" "". `"^^ Licensed State Land Sowayor inland Guodatics, LLC Firm Rogistration No: 100691-00 15O4Chiohn/ml'mi|Roud. 3oih/ iO3 Round Rock,TX78SOi - SCmmmaBUO TO VIA SONONIAWARGELSWARCE I./�ENI'lxmANAGUMIwnPARmLMWwnA, EXHIBIT ..A,1 TIC ACC03DANY PARCEL., DESCR I-ION 70F-AG - -- PROPOSED G�ATT I S 5{H—OOL ROFD SAS 14r i ?:�_. 166-00 155-00 a-' _ 167 00 15800 164.00 GA i T I S SCHO- - ROAD :- mo.w_ WIDTH vARI ES) - - --- - -.. -�- -- -- ---------- ----------- --- (C_Ll-: .—---------------- ------------------ - <----__ G F------------------------------------ ----- - --- - --- -- - - -� 1 1 E3 _ - -_ — _._ --- _ ?ROPOSED R.O.W. t0-W 125.61' 584.49'43'W 30t. t4' -�, j 773. ti--' 0 30 sJ P.0•S. STA. 165-31.36 13 STA. 168-41.33 STA. 164-01.06 70.22' RT 68.74' RT57' RT 0.297 AC. GR I D COORDINATES: 12.915 SO. FT. I _ N=10154973.58 STA. 162-59,85OT j E=3151514.85 OT I 86.24' RT j r 5L QCK "A" MEDOC. 'O Ah MANAGEMENT. LP. BLOCK "A" ' .200709.309 0-P.R.W.C.T. 1 (3.016 AC-) CHRIST COVENANT ADDITION _ >h > t CAB T. SLIDE 8 - •- -� �.R.W.c.T. b cu Laf ,ln n .. 7n C { F } N p NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING ��• BEARING C1 'o � . . 236E c ca (CI) (08°43'06") (2814.93') (428.33' ) (427.92') (N85"54'00'E) o `� C2 91' 16'37" E 25.03' 39.87' 35.79' S46"24'27"E (C2) (25.00') (35.79') (544'06'00"E) — F$C ADDITION — CAB. W. I o c� SLIDE 116-117 ` NUMBER DIRECTION ( DISTANCE c �€ P.R.W.C.T. , LI -N 17' 12' 14'W 30.58' i z P.0.R. - STa, 164.33.71 I L2 S00"47'47"E 18.75' 346.36RT L3 N45'52'53°W 25.48' -^ LOT 12 LOT tt1 LOT 10 _� LOT 9 ) LOT 8 "- `-- I N L A N ® 1 HIGH COUNTRY. j LOT 7 LOT 5 SECTION ONE PARCEL PLAT SHOWING PROPERTY OF CI ODETi'ICS CAB. J. SLIDE 29-31 Pxorrsslo.l.tu.asuuvo raszs P.R.W.C.T. MENF [ A. MANAGEMENT, LP. � mss 1504CHISHOLMTWLRD.sT_.703 BLOCK 'A" PA w ROUND ROCK,Tx 2)23& SCALE PROJECT COUNTY a 2fi.(572)238-1200,fAX(Si2)238-1253 AIUd t csn:AT10Ri No.IODsgt DD I' = 60' GATT I S SCHOOL ROAD W ILL I AIVISON 5=\;$ROWN&GAY\GATTlS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 133-MENFI A. MANAGEMENT\percel 13-MENFI A. MANAGENENT.Qg•i EXHIBIT PLAT TO ACCO'MPANY PARCEL DEESCPJP—�,7-Cl-,�- of/:5/18 LEGEND PAGE 4 OF 4 -1r, FENCE CORNER POST FOUND CENTER LINE 9 J2" IRON ROD FOUND UNLESS NOTED Z PROPERTY LINE ( ) RECORD INFORMATION U %2" IRON ROD FOUND W/PLASTIC CAP 7— LINE BREAK 0 COTTON GIN SPINDLE FOUND r"i DENOTES COMMON OWNERSHIP O 1/Z` IRON PIPE FOUND UNLESS NOTED P.0•B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE X X CUT FOUND N.T.S_ NOT TO SCALE A GO/D NAIL FOUND D.R.W.C.T. DEED RECORDS A CALCULATED POINT WILLIAMSON COUNTY. TEXAS 0.R.W.C.T. OFFICIAL RECORDS C) I/2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW-4933" S=T O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY. TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY. TEXAS Is 1) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83. CENTRAL ZONE. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY +.,x SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE "� s GROtVD UNDER MY DIRECT SUPERVISION. .✓+"'& ., w-> 'r� ^' yj f � w.�.. } 'w t #n.v.,77 4�s *4 STEPHEN TRUESOALE DATE =EGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED ICENSED STATE LAND SURVEYOR URVEYOR 603 5 5^J34r FEET iN:AND GEODETICS. LLC F1PM REGISTRATtON N0. 1G0591-00 ACQUISITION 0.297 :2.913 ISG4 CHISHOLM TRAIL ROAD, SUITE 103 CALCJDEED A-EA 3.016 131.377 POUND ROCK. TEXAS 78681 REMa I NDER AREa 2.719 1 18,462 m ! N LAN ® v G>=©E)ETICS PARCEL PLAT SHOWING PROPERTY OF � 't �p g j PAOFESSAOKAL�FAX StSRVEYOfS C1 E3' 8 A. MANAGEMENT,8 L • PARCEL j 1504 CHTSHOUM RD.STE 103 RouxD Ro78e81 SCALE PROJECT COUNTY K 51 2)238-12tmt2)7.38-725tRRMum-mATI .100591-DO I^ = 60' FGATTIS SCHOOL ROAD I W I LL I AMSON S:\•BP,OWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 13-MENFi A. MANAGEMENT\porceI 13-MENFi' A. MANAG2VEN Og7