CM-2020-083 - 3/20/2020GSR Segment Parcel 17
CAUSE NO. 19-1488-CC3
CITY OF ROUND ROCK, TEXAS
§ IN THE COUNTY COURT AT LAW
Condemnor.
§
V,
§
INLAND WESTERNROUND ROCK.
§
FOREST COMMONS. LIMITED
§ NUMBER THREE OF
PARTNERSHIP, an Illinois limited.
§
Partnership, and RPAI ROUND ROCK
§
FOREST COMMONS.: LIMITED
§
PARTNERS) iIP, an Illinois limited
§
partnership
§
Condemnees
§ WILLIAMSON COUNTY, TEXAS
AGREED J►UDG1V ENT
The parties to this lawstiit have agreed to compromise and settle the Issues in this lawsuit
and request the entry of this Judgment by the Court. It appears to the Court that it has
jurisdiction of this matter, and that the parties executing this document below have agreed to all
of the provisions contained within this Judgment and desire to resolve this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that fee title in and to
approximately 0.035 acre (Parcel 17) of land in Williamson County, Texas, said property being
more particularly described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "R.O.W. Property"), and as further described in
Plaintiffs Original Petition, filed among the papers of this cause on or about August 5, 2019,
and any amendments thereto; excluding all the oil, gas, and sulphur which can be removed fiom
beneath said real property, without any right whatever remaining to the owner of such oil, gas,
and sulphur, of ingress or egress fi•om the surface of said real property for the purpose of
exploring, developing, or mining of the same, and a writ of possession for such purposes, be
00441461.DOC/MWS
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vested in the CITY Or ROUND ROCK, TEXAS and its assigns for the purpose of
constructing, reconstructing, realigning, widening and/or maintaining improvements to the Gattis
School Road roadway project, and to perform associated public use and purposes; and
It is further ORDERED that in complete satisfaction of any and all claims which have
been made or which could have been made in this litigation by and between the parties named
herein, including both the property to be acquired and any damages to any remaining property,
that Condemnees shall recover from Condemnor the sum of TWENTY-SEVEN THOUSAND
and 00/100 Dollars ($27,000.00) for acquisition of the R.O.W. Property, and of which total
amount:
1. TWENTY-SEVEN THOUSAND and 00/100 Dollars ($27,000.00) is now due alad
owing from Condemnor in satisfaction of this Judgment, and a check shall be issued
made payable to Brady & Hamilton — Womack McClish within fourteen (14) days
after entry of the Special Commissioners Award, Post judgment interest on this sum
shall accrue at the statutory rate if not paid within 30 days after entry of this
Judgment.
It is further ORDERED that all costs of Court be assessed against the Condemnor.
This Judgment is intended by the parties to fully and finally dispose of all claims, parties
and issues in this lawsuit.
SIGNED this day of 720
Judge Doug Arnold
2
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
Mylon_ hatfnIield
State Bar No. 24090680
Teets & Crossfxeld, P.C.
309 East Main Street
Round Rock, Texas 78664
512/255-8877
512/255,8986 (fax)
MylanCa. scrrlaw.com
Attorneys for Condenuior
APPROVED AND AGREED:
CITY OF ROUND ROCIC, TEXAS
By
Naipe. C.�� 4 c >
Its: el -A/ 't'
AGREED AS TO SUBSTANCE AND FORM:
KSt a Bar No. 13417000
•ady & Hamilton Womack McClish
K.
Lavaca, Suite 120 '
Austin, Texas 78701
512.474.9875
Jolin(@blAawgroup.com
hlilawuroup.com
Attorney for Condemnees Inland and RPAI
Page 2of4
3) THENCE, departing said Lot G, with said existing ROW line, same being the Southerly
boundary line of said Lot 7, N 0104011411 W, for a distance of 60.90 feet to an "X" found
cut In concrete, being an ell corner In said southerly boundary fine of Lot 7, same being
the southeasterly corner of said Lot 8, for the southwesterly corner of the herein
described h•act, and from Which, a 112 inch Iron rod with plastic cap stamped "Waterloo
4324" found, being an angle point in sald existing northerly ROW Ile, same being in the
Southerly boundary line of said Lot 8 bears N 81 13043" W, at a distance of 130.36 feet;
4) THENCE, departing said existing ROW line, With the common boundary line of said Lot
7 and.sald Lot 8, N 03°00'37" W, for a distance of 20.31 feet to the POINT OF
BEGINNING, co►itaining 0.035 acre (1,602 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that
the above description 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 direct
supervision.
WITNESS MY HAND AND SEAL at Found Rock, Williamson County, Texas.
M. Stephen Truesdale
Registered Professional land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite •103
Round Rock, TX 78681
S:UROWN&GAYIGATTIS SCHOOL•REDeUD TO VIA. SONOMAIPARCELS4PARCEL 17-INLAND WESTERN ROUND ROCK
FOREST COMMONS-01 PARCEL 17-INLAND WESTERN -LOT 7 STONECREST,doo
0
VLxv
LEGEND
0 FENCE CORNER POST FOUND
0 %2" IRON ROD FOUND UNLESS NOTED
O %2" IRON ROD FOUND W/PLASTIC CAP
0 COTTON GIN SPINDLE FOUND
1/2" IRON PIPE FOUND UNLESS NOTED
X X CUT FOUND
A 6D/D NAIL FOUND
A CALCULATED POINT
0 %2"" IRON ROD W/ ALUMINUM CAP
STAMPED "R01'I-4933" SET
(UNLESS NOTED OTHERWISE)
w
lyrION
REVI 03/OO/I0
03/22/10
PACE 4 OF 4
&
CENTER LINE
L'
PROPERTY LINE
(
RECORD INFORMATION
A -_I
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LINE BREAK
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DENOTES CONLUON OWNERSHIP
P.0.13,
POINT OF BEGINNING
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POINT OF REFERENCE
N. T. S.
NOT TO SCALE
D. R. W. C. T.
DEED RECORDS
WILLIAMSON. COUNTY, TEXAS
0. R. W. C. T.
OFFICIAL RECORDS
WILLIAppMSON.000NTY, TEXAS
O. P. R, W, C. T.
OILLIAMSONUCOUNTY,
TTEXAS
P. R. W. C. T,
PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
1) All bearings shoem hereon are based on 0rld bearing. All distonces are surfooe dlstonoos. Coordinates ore
surPoco values based on the Texas State Plans Coordinate System, NAD 03, Central Zone,
THE SURVEY SHOWN 14CREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLEINSURANCEGF N0.1845377-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE NOVEMBER 13, 20101 ISSUE DATE NOVEMBER 20, 2010.
I. RESTRICTIVE COVENANTSt CABINET V, SLIDE.3GO, •DOCUMENT NOS. 199961930, 2001019243, 2001019244, SUBJECT TO,
2001003076 ORDINANCE AFFECTS 2002009653, 2002009654, SUBJECT TO, 2002035940, DOES NOT AFFECT, OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
IOA. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 199961930, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO,
0. 10 FOOT.PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE AS SHOWN ON PLAT AND DEDICATION AS SET OUT
1N SCHEDULE A, AFFECTS AS SHOWN.
C. WATER LINE EASEMENT TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2002092811, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
D. TERMS CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 199961930 AND AMENDED IN
DOCUMENT NO. 200102O940, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXASI SUBJECT TO.
E. TERMS, CONDITIONSI AND STIPULATIONS, IN THE AGREEMENT RECORDED 'IN DOCUMENT NO. 2001003876, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ORDINANCE AFFECTS AND SUBJECT TO.
F. TERMS CONDITIONS, AND STIPULATIONS, IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019943 AND AMENDED IN
DOCUMENT NO, 2002009653, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
0. TERMS CONDITIONS, AND STIPULATIONS, 1N THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019244 AND AMENDED 1N
DOCUMENT NO. 2002069654, SUBJECT TO, AND DOCUMENT NO. 2005003517, AFFECTS AND SUBJECT T0, OF THE OFFICIAL
PUBLIC RECORDS OF WILL'JAMSON COUNTY, TEXAS,
H. TERMS, CONDITIONS, AND STIPULATIONS, IN THE AGREEMENT RECORDED IN DOCUMENT NO; 2002013417, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SUBJECT TO.
1 HEREBY CERTIFY THAT THIS PLAT IS ,TRUE AND CORRECT 70 THE
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDER flj DIRECT SUPERVISION. jl
DATE
SURVEYOR NO, 4933
CLC
NO. 100591-00
L ROAD, SUITE 103
78681
ky PARCEL PLAT SHOWING PROPERTY Or
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ACQUISITION 0.035 1,502
CALC/DECO AREA 3,041 132,466
REMAINDER AREA 3,006 130,964
PARCEL 17
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VALUATION OF THE FEE ACQUISITION
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NUMBER
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REV: 03/06/19
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PARCEL PLAT SHOWING PROPERTY OF
FGEODETICS.i
AND j INLAND WESTERN ROUND ROCK
FOREST COMMONS PARTNERSHIP PARCEL 17
LAND SURVEYORS TRAIL RD. SEE. 103
CK, TX. 78681SCALE PROJECT COUNTY
0,FAX(S)2)238-1251
S:\MBROWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 17-INLAND WESTERN ROUND ROCK FOREST COkA-IONS-LP\PARCEL 17-I.W.R.R.F.C.L.P.tlt
City of Round Rock
ROUND ROCK
rExas Agenda Item Summary
Agenda Number:
Title: Consider executing Agreed Judgement for Inland (17) on the Gattis School
Road widening project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/20/2020
Dept Director: Gary Hudder, Transportation Director
Cost: $27,000.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF-00441861.PDF, Exhibits-00433876.PDF, Judgment-00442420.PDF
Department: Transportation Department
Text of Legislative File CM-2020-083
As part of the Gattis School Road Segment 6 project, we need to acquire a small piece of
ROW across this driveway as pictured in the attachment. After many attempts to communicate,
and receiving council authorization for eminent domain, we finally heard from the property owner
and were able to reach a reasonable solution for this property acquisition.
Cost: $27,000
Source of Funds: RR Transportation Economic Development Corporation (Type B)
City of Round Rock Page 1 Printed on 313112020