CM-2019-0401 - 12/23/2019 ELECTRONICALLY RECORDED 2019125647
Williamson County, Texas Total Pages: 11
Form ROW-N-PUA
(12/12)
Replaces Form ROW-N-7
Page 1 of 6
AMENDED POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 15
GRANTEE OF WILLIAMSON § Project: University Blvd.
This Amended Possession and Use Agreement is being recorded solely to amend and add additional
Property Exhibit B to Document No. 2017084073 of the Real Property Records of Williamson County,
Texas.
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF
ROUND ROCK, TEXAS ("Grantee"), and ICU MEDICAL FLEET SERVICES, LLC f/k/a Hospira
Fleet Services, LLC (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 a portion of University Boulevard and related
appurtenances and utility relocations (the "Roadway Construction Project"). The property subject to this
Agreement is described more fully in field notes, plat map or other description (attached as "Exhibits A-
B") and made a part of this Agreement by reference (the "Property").
I. 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,
driveway connection, utility adjustments and 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 Roadway Construction Project. 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 Roadway
Construction Project. This grant will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use the Grantee agrees to postpone
proceeding with the formal eminent domain process or a condemnation lawsuit to acquire the
Property so that the parties may continue negotiations for a voluntary purchase and/or exchange
transaction. The Grantor agrees that this Agreement by the Grantee represents adequate and full
compensation for the possession and use of the Property. The Grantee will be entitled to take
possession and use of the Property upon recording of this document in the Real Property Records of
Williamson County, subject to the other conditions in paragraph 14. below.
3. The effective date of this Agreement will be the date on which the last party executes the Agreement
(the"Effective Date").
*NPUA*
2019125647 Page 2 of 11
Form ROW-N-PUA
(12/12)
Replaces Form ROW-N-7
Page 2 of 6
4. The Grantor warrants and represents that as of August 18, 2017 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 15-236139-CP effective February 8, 2016 by Capital Title/First National
Title Insurance 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 Roadway Construction
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 Roadway Construction 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 Roadway Construction 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.
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.
2019125647 Page 3 of 11
Form ROW-N-PUA
(12/12)
Replaces Form ROW-N-7
Page 3 of 6
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.
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.
14. Other conditions: None.
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 y 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 follow]
2019125647 Page 4 of 11
Form ROW-N-PUA
(12/12)
Replaces Form ROW-N-7
Page 4 of 6
GRANTOR:
ICU MEDICAL FLEET SERVICES, LLC
f/k/a Hospira Fleet Services, LLC
By: � :
Printed Name: Scott Lamb
Its: CFO and Treasurer
ACKNOWLEDGMENT
STATE OF
COUNTY OF y `.
-�y,
This instrument was acknowledged before "on this the_day of , 2019 by
in the capacity, d for the purposes and consideration recited herein.
Notary Public, State of
Printed Name:
My Commission Expires:
Etc T I
2019125647 Page 5 of 11
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange
On December 121h, 2019, before me, Jenifer L. Olsen, Notary Public, personally appeared
Scott Lamb, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Seal:
JENIFER L.OLSEN
Notary Public-California
' Orange Corr ty
kCommission»2228191
My Comm,Exo«resJan8.2022 Notary Public, State of California
Document Description: Amended Possession And Use Agreement For Transportation
Purposes—Texas - ICU MEDICAL FLEET SERVICES, LLC
2019125647 Page 6 of 11
Form ROW-N-PUA
(12112)
Replaces Form ROW-N-7
Page 5 of 6
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By: w
Printed Name Lma "vm, �
Its: r
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this thZday of , 2019 by
' tc�Q�LS in the capacity and for the purposes and consideration recited herein.
I--" 'C-�lA-�
Notary ee:MM
of texas -
PrintedQ&
My Commission Ex es�y
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1 A
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2019125647 Page 7 of 11
EXHIBIT"A"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.137 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.137 ACRE (5,980 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.137 ACRE TRACT BEING A PORTION OF LOT 1,BLOCK A,OAKMONT CENTRE
SECTION TWO, FILED ON OCTOBER 4, 1984, AND RECORDED IN CABINET F, SLIDE
174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.137 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK A AS DESCRIBED IN
A QUITCLAIM DEED TO HOSPIRA INC., FILED ON APRIL 17, 2004, AND RECORDED
IN DOCUMENT NO. 2004038477 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.137 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found for the easternmost northeast corner of said Lot 1 and the
herein described tract, at the intersection of the southerly right-of-way line (R.O.W.) of University
Boulevard (variable width R.O.W.) and the westerly R.O.W. line of Oakmont Drive (60 foot wide
R.O.W.);
THENCE South 20°56' 54"East,with the common westerly R.O.W.line of said Oakmont Drive and the
easterly line of said Lot 1, a distance of 16.68 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for the southeast comer of the herein described tract, from which a 1/2-inch iron rod
found for the southeast comer of said Lot 1, Block A, same being the northeast corner of Lot 2 of said
Block A, and being on the westerly R.O.W. of said Oakmont Drive bears South 20° 56' 54" East, at a
distance of 448.40 feet;
THENCE departing said westerly R.O.W.line of said Oakmont Drive,and traveling across the interior of
said Lot 1,the following three calls:
1) North 65°41' 55"West, a distance of 28.75 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior comer of the herein described tract;
2) South 69° 18' 05"West,a distance of 229.75 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior corner of the herein described tract;
3) South 24° 11' 47" West, a distance of 28.21 feet to a 1/2-inch iron rod with aluminum cap stamped
"CORR ROW" set for the southwest corner of the herein described tract, said point being on the
westerly line of said Lot 1, from which a 1/2-inch iron rod found marking the common southwest
comer of said Lot 1 and the northwest corner of said Lot 2 bears South 20°56' 03"East,a distance of
449.91 feet;
Page 1 of 3
2019125647 Page 8 of 11
Exhibit"A"continued
Description of a 0.137 acre tract
THENCE North 20° 56' 03"West, with the westerly line of said Lot 1, and partway with the southerly
R.O.W. line of said University Boulevard, a distance of 40.97 feet to a calculated point for the northwest
comer of said Lot 1 and the herein described tract;
THENCE North 690 14' 23"East, with the common southerly R.O.W. line of said University Boulevard
and the northerly line of said Lot 1, a distance of 245.08 feet to a 1/2-inch iron rod found for the
northernmost northeast comer of said Lot 1 and the herein described tract, said point also marking the
beginning of a curve to the right and being a curving comer clip at the intersection of the southerly
R.O.W.line of said University Boulevard and the westerly R.O.W.line of said Oakmont Drive;
THENCE In a Southeasterly direction,39.25 feet along the arc of said curve to the right, having a radius
of 24.81 feet, a central angle of 90°38' 28",and a chord bearing and distance of South 65°49' 34"East—
35.29 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing
within the metes recited 0.137 acre (5,980 square feet) of land, more or less, based on the survey and
exhibit drawing made by The Wallace Group,A CP&Y Company,Round Rock,Texas in 2016.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That 1, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A4826 attached hereto is true and correct to the best of my knowledge
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
OF TF
.................................
Daniel M.Flaherty,R.P.L.S.No.5004 DANIEL M.FLAHERIY
The Wallace Group,A CP&Y Company ......
0....5004.. ..x:....
One Chisholm Trail,Suite 130 t'''90a
Round Rock,Texas 78681
Ph.(512)248-0065
' �SUFtv�y
TBPLS Firm No. 10051701
See attached Plat No. A4826 11-18-2016
22824-FN28.doc Date
Page 2 of 3
2019125647 Page 9 of 11
EXHIBIT "A' '
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.137 ACRE (5,980 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS
FIELD NOTE
°^gO'W2l' POINT OF
R-24,65' B
L-39.25' EGINNING
CD-3&2W OAKMUNT DRIVE
CB-S WWW E S 2056'54' E 16.88' (60' R.O.W.)
-� DaSTIiG R.O.W. UNE
S 20'36'54' E - 448.40'
O
lo N 6541'55' W
28.75'
cq 04 LOT I
BLOCK A S., 1 SCALE. f" = 100'
3
OAKMONT CEN7RE
A' •� SECTION TWO
1 CABINET F. SLIDE 174
r P.R.W.C.T.
m FILED: OCTOBER 4, 1984 N LOT 2
w
o
y VARIABLE W07H BLOCK A
RIGHT-OF-WAY AOQUI31110N HOSPIRA INC. of of KMONT CENTRE
OA
0.137 ACRE (8,980 90. FT.) DOC. NO. 2004038477 SECTION TWO
Z PROPOSED FRED: APRIL 17, 2004 CABINET F. SLIDE 174
R.O.W. LINE P.R.W.C.T.
EXISTING FILED OCTOBER 4. 1984
R.O.W. LINE S 2411'47" W
28.21'
S 2016'03' E - 449.91' LOT 1
LAT 2H LOT 2H SUBDIMSKXN LINE
N 20'36'03" W—/ BLOCK A LOT2H40.9'r BLOCK 04�
$
REPLAT OF LOT 2 �,T 0-
E EAST CHANDLER RETAIL CENTER
& EXfS11NG LOT 2G CABINET CC, SLIDES 230-233 � A
R.O.W. LINE BLOCK A r r P.R.W.C.T. Qf'
FILED. NOVEMBER 2. 2006 4 o$`S
$,,$ eJ'
o QDmAL N07M LEGEND
N
c'o� 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED)
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND 0- SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
COND17MS THAT MAY BE APPLICABLE 'CARR ROW" (UNLESS OTHERWISE NOTED)
o, 3.) THE SURVEYOR OLD NOT ABSTRACT THE SUBJECT TRACT.
� - CALCULATED PORT
v 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIP710N. P.R.W.C.T. - PIAT REGARDS, WILLIALNSON COUNTY, TEXAS
w &) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. - DEED RECORDS. WILLIAMSON COUNTY. TEXAS
U (CENTRAL ZONE. NAD83) *#CH IS BASE) ON LEICA'S CENTRAL TEXAS GPS O.R.WLC.T. - OFFICIAL RECORDS, WI LIAMSON COUNTY, TEXAS
a COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS, WI LAMSON COUNTY, TEXAS
N
WALLACE
00
OF
A CP ,Y COMPANY c
--**p� .S**-g% �-
m � STf, �
WACO KILLEEN DALLAS ROUNDROCK
T BPLS 10051701 1 Chishoim Trail,Suite 130,Round Rock,Texas 78681 1 (512)248-0065 TBPE F-54
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT DANIEL M:FLAHERTY
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND .< 9 5004 P'Q
SURVEYS IN THE STATE OF TEXAS. THI i DAY OF N 2018. 9i�;�FFss�°•''J�
�SUF�`I�
SURVEYED:NOVEMBER S. 2018 ANIEL M. FLAHERTY N0. 3 OF 3
W PLAT NO. A-48n DRAFT D 11-18-2016 DRAWN BYE_
a SCALEWORK ORDER N0. 2 4 FIELDBOOK/I�G. 258 7 TAB A-4826
0 2016 ALL RIGHTS RESERVED DIGITAL FILE 22824R-PARCELS F/W 22824-FN28
2019125647 Page 10 of 11
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ICU ADDITIONAL PUA
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r^' 221 E. MAIN ST E4114EER MICHAEL CURL
o rtouHn sone TEXAS ROUND ROCK, TX 78664 P,E.Ip. 118988 II1/22/2019
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SCALEr 1' • 100' SHEET 1 OF 1
2019125647 Pagel 1 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019125647
Pages- 11 Fee- $57.00
12/27/2019 03.16 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Transporation Project Name: University Boulevard
Project Mgr/Resource: Gary Hudder
L.juouncil Action:
ORDINANCE
nda Wording
City Manager Approval
ICU Medical Fleet Services, LLC f/k/a Hospira
Co ntractor/Vendor: Fleet Services, LLC
RESOLUTION
CMA Wording
Consider executing an Amended Possession and Use Agreement for Transportation Purposes with ICU Medical Fleet Services,
LLC f/k/a Hospira Fleet Services, LLC regarding the University Boulevard construction project (Parcel 15).
Attorney Approval
Attorney Z:>cAo\ Date
Notes/Comments
An original Possession and Use Agreement with ICU was approved and executed by the City in 2017 (item CM -2017-1470). In order to
allow Atmos Gas additional area to relocate their facilities as part of the proposed University Blvd. widening project the parties have
agreed to an Amended PUA which expands the area of possession. All of the other terms of the agreement remain the same as the
original.
\\scserver2\WDOX\DATA\SCClnts\0199\1451-15\MISC\00436993.XLS Updated 6/3/08
C
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 1 of 6
AMENDED POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 15
GRANTEE OF WILLIAMSON § Project: University Blvd.
This Amended Possession and Use Agreement is being recorded solely to amend and add additional
Property Exhibit B to Document No. 2017084073 of the Real Property Records of Williamson County,
Texas.
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF
ROUND ROCK, TEXAS ("Grantee"), and ICU MEDICAL FLEET SERVICES, LLC f/k/a Hospira
Fleet Services, LLC (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 a portion of University Boulevard and related
appurtenances and utility relocations (the "Roadway Construction Project"). The property subject to this
Agreement is described more fully in field notes, plat map or other description (attached as "Exhibits A-
B") 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,
driveway connection, utility adjustments and 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 Roadway Construction Project. 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 Roadway
Construction Project. This grant will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use the Grantee agrees to postpone
proceeding with the formal eminent domain process or a condemnation lawsuit to acquire the
Property so that the parties may continue negotiations for a voluntary purchase and/or exchange
transaction. The Grantor agrees that this Agreement by the Grantee represents adequate and full
compensation for the possession and use of the Property. The Grantee will be entitled to take
possession and use of the Property upon recording of this document in the Real Property Records of
Williamson County, subject to the other conditions in paragraph 14. below.
3. The effective date of this Agreement will be the date on which the last party executes the Agreement
(the "Effective Date").
�,2,01"17-0E0,(
*NPUA*
Form ROW-N-PUA
(12112)
Replaces Form ROW -N-7
Page 2 of 6
4. The Grantor warrants and represents that as of August 18, 2017 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 15 -236139 -CP effective February 8, 2016 by Capital Title/First National
Title Insurance 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 Roadway Construction
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 Roadway Construction 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 Roadway Construction 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.
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.
Forth ROW-N-PUA
(12/12)
Replaces Forth ROW -N-7
Page 3 of 6
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.
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.
14. Other conditions: None.
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: N a
At no time duringthe he possession of the Propegy 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 follow)
GRANTOR:
ICU MEDICAL FLEET SERVICES, LLC
f/k/a Hospira Fleet Services, LLC
Printed Name: Scott Lamb
CFO and Treasurer
ACKNOWLEDGMENT
STATE OF
COUNTY OF
Form ROW-N-PUA
(12/12)
Replaces Form ROW -N-7
Page 4 of 6
This instrument was acknowledged before on this the _ day of , 2019 by
in the capaci d for the purposes and consideration recited herein.
Notary Public, State of
Printed Name:
My Commission Expires:
Sec �)ox-r —p�e
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange
On December 12th, 2019, before me, Jenifer L. Olsen, Notary Public, personally appeared
Scott Lamb, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Seal:
JENIFER L. OLSEN
Notary Public - California z
r`�,_..
Orange County n
Commiss or a 2228191
h1y Comm. Expires Jan 8. 2022
Notary Public, State of California
Document Description: Amended Possession And Use Agreement For Transportation
Purposes — Texas - ICU MEDICAL FLEET SERVICES, LLC
GRANTEE:
CITY OF ROUND ROCK, TEXAS
omits-! . .. .�.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
Form ROW-N-PUA
(12/12)
Replaces Forth ROW -N-7
Page 5 of 6
This instrument was acknowledged before me on this theaa day of , 2019 by
QiLS-g,,9 , in the capacity and for the purposes and consideration recited herein.
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EXHIBIT "A"
Variable Width Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.137 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.137 ACRE (5,980 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.137 ACRE TRACT BEING A PORTION OF LOT 1, BLOCK A, OAKMONT CENTRE
SECTION TWO, FILED ON OCTOBER 4, 1984, AND RECORDED IN CABINET F, SLIDE
174 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID
0.137 ACRE TRACT ALSO BEING A PORTION OF LOT 1, BLOCK A AS DESCRIBED IN
A QUITCLAIM DEED TO HOSPIRA INC., FILED ON APRIL 17, 2004, AND RECORDED
IN DOCUMENT NO. 2004038477 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.137 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the easternmost northeast corner of said Lot 1 and the
herein described tract, at the intersection of the southerly right-of-way line (R.O.W.) of University
Boulevard (variable width R.O.W.) and the westerly R.O.W. line of Oakmont Drive (60 foot wide
R.O.W.);
THENCE South 20° 56' 54" East, with the common westerly R.O.W. line of said Oakmont Drive and the
easterly line of said Lot 1, a distance of 16.68 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for the southeast corner of the herein described tract, from which a 1/2 -inch iron rod
found for the southeast comer of said Lot 1, Block A, same being the northeast corner of Lot 2 of said
Block A, and being on the westerly R.O.W. of said Oakmont Drive bears South 20° 56' 54" East, at a
distance of 448.40 feet;
THENCE departing said westerly R.O.W. line of said Oakmont Drive, and traveling across the interior of
said Lot 1, the following three calls:
1) North 65° 41' 55" West, a distance of 28.75 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior comer of the herein described tract;
2) South 69° 18' 05" West, a distance of 229.75 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for an angle point and interior corner of the herein described tract;
3) South 24° 11' 47" West, a distance of 28.21 feet to a 1/2 -inch iron rod with aluminum cap stamped
"CORR ROW" set for the southwest corner of the herein described tract, said point being on the
westerly line of said Lot 1, from which a 1/2 -inch iron rod found marking the common southwest
comer of said Lot 1 and the northwest corner of said Lot 2 bears South 20° 56' 03" East, a distance of
449.91 feet;
Page 1 of 3
Exhibit "A" continued
Description of a 0.137 acre tract
THENCE North 20° 56' 03" West, with the westerly line of said Lot 1, and partway with the southerly
R.O.W. line of said University Boulevard, a distance of 40.97 feet to a calculated point for the northwest
corner of said Lot 1 and the herein described tract;
THENCE North 690 14' 23" East, with the common southerly R.O.W. line of said University Boulevard
and the northerly line of said Lot 1, a distance of 245.08 feet to a 1/2 -inch iron rod found for the
northernmost northeast corner of said Lot 1 and the herein described tract, said point also marking the
beginning of a curve to the right and being a curving corner clip at the intersection of the southerly
R.O.W. line of said University Boulevard and the westerly R.O.W. line of said Oakmont Drive;
THENCE In a Southeasterly direction, 39.25 feet along the arc of said curve to the right, having a radius
of 24.81 feet, a central angle of 90° 38' 28", and a chord bearing and distance of South 65° 49' 34" East —
35.29 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing
within the metes recited 0.137 acre (5,980 square feet) of land, more or less, based on the survey and
exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in 2016.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4826 attached hereto is true and correct to the best of my knowledge
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, T(as
:N.................
Daniel M. Flaherty, R.P.L.S. No. 5004 FLAHERTY
The Wallace Group, A CP&Y Company
04One Chisholm Trail, Suite 130 s�0 �O
Round Rock, Texas 78681 S UFt`l�
Ph. (512) 248-0065'\.
TBPLS Firm No. 10051701
See attached Plat No. A-4826 11-18-2016
22824-FN28.doc Date
Page 2 of 3
E
N
0
C14
co
I
EXHIBIT "A' '
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.137 ACRE (5,980 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
e-9038'26'
R=24681'
L-39.25'
CD -35.29'
CB -S 65'49'34' E
EXISTING -
R.O.W. LINE
N 20'36'03'
40.97'
EXISTING -
R.O.W. LINE
FIELD NOTE
POINT OF
BEGINNING
S 20"56'54" E 16.88'
N 65'41'55' W
2&75'
n
i�
OAKMONT DRIVE
(60' R. 0. W.)
S 20'58'54' E — 44&40'
In
m
a
m
(n VARIABLE WIDTH
RIGHT—OF—WAY ACOLM91ION
0.137 ACRE (5,980 SO. FT.)
R.O.W. UNE
S 2411'47' W
2&21'
LOT 2H
BLOCK A
LOT 1
BLOCK A SCALE: I" = 100'
OAKMONT CENTRE
SECTION TWO
CABINET F. SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4, 1984
HOSPIRA INC.
DOC. NO. 2004038477
O.P.R.W.C.T.
FILED: APRIL 17, 2004
S 2038'03' E — 449.91'
LOT 2G N I i5
BLOCK A
0 0
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE.
3) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTIC NETWORK.
LOT 1
LOT 2H SUBDIVISION LINE
LOT 2H
BLOCK A
REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER
CABINET CC, SLIDES 230-233
P.R.W.C.T.
FILED NOVEMBER 2, 2006
N LOT 2
0 0
BLOCK A
J
LEGEND
OAKMONT CENTRE
SECTION TWO
CABINET F, SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4, 1984
0 = FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED)
0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW" (UNLESS OTHERWISE NOTED)
— CALCULATED POINT
P.R.W.C.T. = PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. - OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
WALLACE .OUP
engine :�rchitectS surveyors OF i
A CP Y COMPANY !. P •G�sT.
WACO KILLEEN DALLAS ROUND ROCK /' Cq Q Jw o i9N
TBPL510051701 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 1 (512) 248-0065 TBPE F-54 DANIEL M .F..... Y
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT .........."""""""""""'
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 5004
SURVEYS IN THE STATE OF TEXAS. THI _18TH DAY OF _ NOVMRFR 2016.
SURVEYED. NOVEMBER 8, 2016 ANIEL M. FLAHERTY RPLS NO. 3 OF 3
0 200 PLAT NO. A-4826 DRAFT D 11-18-2016 DRAWN BY�—
SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 256/17 TAB # A-4826
0 2016 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN28
I I I 1 1 I
II 1 111
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II ;11
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PUE
4
UNIVERSITY BLVD
0.137 AC CURRENT 0.060 AC ADDITIONAL
PUA PROPERTY PUA PROPERTY
-- -_ Y
1
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1
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SECTION TWO I I 1
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' LOT 2 ' I
OAKMONTTC NTRE 1
SECTION TWO 1
CAB. F, SLD. 174 I
P. R. W. C. T.
N
HORz 0' 50, 100•
SCALE IN FEET
LEGEND
— - - — PROPOSED RDI
- - - - INTERIM ROW
-- — EXISTING ROW
- - - - EXISTING EASEMENT
LOT LINES
I
I
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1
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L-1
_ _ J
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WAIN _wm
FOR REVIE NLY
-IpT °b1OD11K,
FROM UNIVERSITY OAKS BLVD TO SUNRISE RD
UNIVERSITY BLVD
TRUE REGISTRATION
FOR CO11SiRI1CT
PE
c
• NO. F-16391
OR IT S
T-7- - -
ICU ADDITIONAL PUA
EXHIBIT IIB II
U CITY OF ROUND ROCK
221 E. MAIN ST
IR'OUNIkIL
EI1611�ER MICHAELCULIr
Texas ROUND ROCK, TX 78664
P.E. Ip. 126886 OKI=
SCALEI 1- - 100' SHEET 1 OF 1