CM-2020-246 - 9/18/2020Sheets & Crossfield, PLLC
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-738-8725 (D) . fax 512-255-8986
September 1, 2020
RULE 11 CONDEMNATION SETTLEMENT AGREEMENT
Via e-mail davidna,davidtoddlaw.com
David Todd
Todd Law Firm, PLLC
3800 N. Lamar Blvd., Suite 200
Austin, Texas 78756
Re: BCRUA/CORR Raw Water Delivery Ph. 2 Subsurface Tunnel Easement
Cause No. C-1-CV-20-002017
Parcel No.: 37
Dear David:
Please allow this letter to constitute a Rule 11 Settlement and Condemnation
Agreement between City of Round Rock, Texas ("City") and Scott E. McCormack and
Gemma A. McCormack ("McCormack") in connection with the project identified herein
and the tunnel easement interest to be acquired as part of the BCRUA Raw Water
Delivery project. The terms of this Agreement and the settlement reached are follows:
1. County agrees to pay, and McCormack agrees to accept, the total sum of
Six Thousand and No/100 Dollars $( 6,000) in compensation to the
Condemnees in the above referenced lawsuit for the acquisition of a 0.012
acre subsurface raw water line easement sought to be acquired, and any
damages to the remaining property of McCormack not acquired, with such
location and easement rights as further described in City's current
pleading on file in this case.
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 City to occur on a date as soon as possible after full
execution of this Agreement, and which hearing may occur with less than
20 days advance notice to McCormack if necessary.
2. City agrees to deposit the full sum of $6,000.00 in the registry of the court
within fourteen (14) days after the entry of the Agreed Special
Commissioners Award as set out herein.
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3. It is agreed that neither City nor McCormack shall file objections to the
Award of Special Commissioners in this cause as long as City deposits the
Award pursuant to the terms as stated herein.
If this letter correctly sets forth the terms of our Rule 11 agreement and the
settlement reached between the City and McCormack, please so indicate by having the
appropriate person execute this letter in the space indicated below on behalf of the
property owners.
Very truly yours,
mow.
AGREED AND ACCEPTED:
David Todd
david a,davidtoddlaw.com
Attorney for Scott & Gemma McCormack
Date: o a0
14
Don Childs
Sheets & Crossfreld, PLLC
Attorneys for City of Round Rock/BCRUA
AGREED AND ACCEPTED FOR ROUTING:
Brushy Creek Regional Utility Authority (BCRUA
By:
Karen Bondy
General Manager
Date: 9/12/2020
AGREED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
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City of Round Rock
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r9XAS Agenda Item Summary
Agenda Number:
Title: Consider execution of a Rule 11 Condemnation Settlement Agreement with
Scott E. McCormack and Gemma A. McCormack for the acquisition of a
0.012 acre tunnel easement required construction of the BCRUA Phase 2
raw water intake facility project (Parcel 37).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/18/2020
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $6,000.00
Indexes: Regional Water Fund
Attachments: Agmt, Map
Department: Utilities and Environmental Services
Text of Legislative File CM-2020-246
The Brushy Creek Regional Utility Authority (BCRUA) is in the process of acquiring easements
necessary for the construction of an electrical line that is required in order to provide power to
the future pump station for the Phase 2 Deep Water Intake project.
The Easement Purchase Agreement is with Scott E. McCormack and Gemma A. McCormack
for the acquisition of 0.012 acre along their property.
The negotiated purchase price for this easement is $6,000 and has been approved by the
BCRUA Operations Committee.
Cost: $6,000
Source of Funds: Regional Water Fund
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