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CM-2021-089 - 4/2/2021GSR Parcel CAUSE NO. 19-0161-CC3 CITY OF ROUND ROCK, TEXAS § IN THE COUNTY COURT Condemnor § V. § § AT LAW NO. THREE OF VICTORIO L. TOSTADO, MARIA L. § TOSTADO, BANK OF AMERICA, N.A., § and MIDLAND FUNDING, LLC § Condemnees § WILIAMSON COUNTY, TEXAS AGREED FINAL JUDGEMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, City of Round Rock, Texas, Condemnor in the above -styled proceedings, and respectfully shows the Court: The parties to this lawsuit have agreed to compromise and settle the issues in this lawsuit and request entry of this Agreed Final Judgement by the Court. It appears to the Court that it has jurisdiction of this matter, and that the parties have agreed to all of the provisions contained within this Judgement and desire to resolve this lawsuit; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that fee title in and to approximately 0.160-acres (Parcel 3) 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 Plaintiff's Original Petition, filed among the papers of this cause on or about January 25, 2019; excluding all the oil, gas, and sulphur which can be removed from beneath said real property, without any right whatever remaining to the owner of such oil, gas, and sulphur of ingress or egress from the surface of said real property for the purpose of exploring, developing, or mining of the same, be vested in THE CITY OF ROUND ROCK, TEXAS, and its assigns for the purpose of constructing, reconstructing, realigning, widening and/or maintaining improvements to the Gattis School Road roadway improvement project, and to perform associated public use and purposes. 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, including the Property to be acquired, the Temporary Construction Easement, and any damages to any remaining property of Condemnees, that Condemnees shall recover from Condemnor the total sum of FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($45,000.00). The parties agree THIRTY-TWO THOUSAND ONE HUNDRED SIXTY-ONE AND 00/ 100 DOLLARS ($32,161.00) was previously deposited within the registry of this Court, leaving a balance due of TWELVE THOUSAND EIGHT HUNDRED THIRTY-NINE AND 00!100 DOLLARS ($12,839.00), and the remaining balance must be paid by June 1, 2021 to avoid paying interest. It is further ORDERED that no interest is due and payable so long as the payments are made in accordance with this Agreed Final Judgement. It is further ORDERED that all costs be assessed against the Condemnor. This Judgement is intended by the parties to fully and finally dispose of all claims, parties and issues in this lawsuit. SIGNED this day of , 2021. Judge Presiding 2, PREPARED AND APPROVED AS TO SUBSTANCE AND FORM BY: Mylan W. Shaunfield State Bar No. 24090680 SHEETS & CROSSFIELD, P.L.L.C. 309 East Main Street Round Rock, Texas 78664 512/255-8877 512/255-8986 (fax) Mylan! ?scrrlaw.com Attorneys for Condemnor OVE AND AG ED AS TO SUBSTANCE AND FORM: 47, Erik L. Cardinell State Bar No. 00796304 The Law Offices of Erik L. Cardinell 9600 Great Hills Trail, Suite 150W Austin, Texas 78759 The City of Round Rock, Texas By. Y--2::-2- 6 2- Laurie Hadley, City'Madager Date 04,--,?- OZ- f-c? CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on all parties of record by delivering same to the parties' last known address via certified mail, return receipt requested, electronic mail, facsimile or hand delivery, or by other method authorized by the Texas Rules of Civil Procedure on this the day of March, 2021. Is/ Mylan W. Shaunfield Mylan W. Shaunfield 3, REV: 10108/2018 04-12-2018 Page 1 of 4 EXHIBIT A County: Williamson Parcel: 3 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 3 DESCRIPTION OF A 0.160 ACRE (6,968 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 6.32 ACRE TRACT OF LAND (BEING TRACT 7 OF WESTVIEW SUBDIVISION (UNRECORDED)), DESCRIBED IN GENERAL WARRANTY DEED TO VICTORIO L. TOSTADO AND SPOUSE, MARIA L. TOSTADO RECORDED IN DOCUMENT NO. 9866886 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.160 ACRE (6,988 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 318" iron rod found 1280.43 feet right of proposed Gattis School Road Baseline Station 141+67.75, being the southeasterly corner of said 5.32 acre tract, same being the southwesterly corner of that called 5.20 acre tract of land described in Warranty Deed with Vendor's Lien to Stuart B. McCurdy and Wife, Diana M. McCurdy recorded in Volume 2172, Pg. 280 of the Official Records of Williamson County, Texas; THENCE, with the common boundary line of said 5.20 acre tract and said 5.32 acre tract, N 01°58'52" W, for a distance of 1214.45 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid Coordinates determined as N=10154644.55, E=3149310.91 TxSPC Zone 4203), 66.00 feet right of proposed Gattis School Road Baseline Station 141+73.11, in the proposed southerly right-of-way (ROW) line of Gattis School Road, (ROW width varies), for the southeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said 5.20 acre tract, through the interior of said 5.32 acre tract. S 87°45167" W, for a distance of 185.11 feet to an iron rod with aluminum cap stamped "ROW 4933" set 66.00 feet right of proposed Gattis School Road Baseline Station 139+88.00, being in the westerly boundary line of said 5.32 acre tract, same being in the easterly boundary line of that called 5.339 acre tract of land described in Warranty Deed to Howard Lee Parham III, and Janis Newby Parham recorded in Volume 2522, Page 647 of the Official Records of Williamson County, Texas, for the southwesterly corner of the herein described tract, and from which a 1/2" iron rod found in said westerly boundary line of the 5.32 acre tract, being the southeasterly comer of said 5.339 acre tract bears S 01°57'03" E, at a distance of 638.70 feet; 2) THENCE, departing said proposed southerly ROW line, with the common boundary line of said 6.32 acre tract and said 5.339 acre tract, N 01°57'03" W, for a distance of 37.79 feet to the calculated common northerly corner of said 5.32 acre tract and said 5.339 acre tract in the existing southerly ROW line of Gattis School Road (ROW width varies), same being the northerly boundary line of said Westview Subdivision, for the northwesterly corner of the herein described tract; Rage 2 of 4 3) THENCE, departing said 5.339 acre tract, with said existing southerly ROW line of Gattis School Road, same being the northerly boundary line of said 5.20 acre tract and said Westview Subdivision, N 87061120" E, for a distance of 185.09 feet to the calculated northeasterly corner of said 5.32 acre tract, same being the northwesterly corner of said 5.20 acre tract, for the northeasterly corner of the herein described tract and from which a 112" iron rod found bears N 31°36A4" W, at a distance of 1.11 feet; 4) THENCE, departing said existing southerly ROW line, same being the northerly boundary line of said Westview Subdivision, with the common boundary line of said 5.32 acre tract and said 5.20 acre tract, S 0106815211 E, for a distance of 37.60 feet to the POINT OF BEGINNING, containing 0.160 acre (6,968 square feet) of land, more or less. NOTE: This parcel is accompanied by a 25' wide T.C.E. (Temporary Construction Easement) being coincident with, parallel, and southerly of the above described course 1, as shown On the accompanying sketch. 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 Round Rock, Williamson County, /�- " P�� rl-ZVCAI�' �j M. Stepflen Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1604 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 Texas. Date 4933 r :;� c •�FE8 S %0 A faY �/� �1�11. 11 S U ?.L S-1 BROWN&GAMATTIS SCHOOL-REDBUD TO VIA SONOMAWARCELS1PMCEL 3-TOSTA00%PARCEL 3-TOSTADO.dW 0 LXHIUI I "L -2,- PLAT TO ACCOMPANY PARCEL DESCRIPTION REV: 10/DS/18 04/12/18 ` , I 1 PAGE 3 OF 4 i k -- - -� - -- �. A. HOLDER S N _ _ �A r RnCT_ No. 2�3 _ - - GA3115 SCr;00[ RV W-1 -----W-�-- GATTIS SCHOOL -ROAD ;k�I©; T�;AC. IR,O.W. WIDTH VARIES) VOL. 2GOi, P7%. 8Bi OSIEHSISLE SURVEY LINE - ,�. Y PROPOSED GATTISISCHOOL ROAD EASELIHE 1' - 60' - - , ,-- SEE-OErAI-- - - - 0' P.U.E/PEn RESIRICIrYE -- ------ ----- - T ---:___ COVF.IFAUTS SEE: t.101E F $ N� ° tj� 20nE---185. 0- - 1 :_y g:.0-"£ 0:rr 1. - I s ntcRl •D: •0nY - - ..- .• d '� ' �l 1 ' N rtF..SE11VAI10177PUl ..,y J_ , JI I7F;SIRIC1 lVE I I ! 1 COVEr:� US Sr.E r•.OTE I O.W. , VOL. BTI, P0. PROPOSED G -vot. eT3, Ps, 940' 185. 11' 1 I I ti. N. 17. C. T. 587 45 57"1N P. 0. B. ! 11 ll i STA. 141 •73. I I STA. 139.88,00 ! - —1-- 66.00' RT — 66.00' RT L— - — - — — I ! 0 10154644ISATES: 1^ r l g I I I £•314946 . ` 1 91 IE%AS POAER 0. 160 AC. 10• r.u.vrcn �I :I ►• I IcuT Cor.PARr I 6,968 SQ. f T. n STR CTIVE I y IvoL. Elio, `rc� Iaz I D. R. 71. C. 1. I SEE. r:U:! 1 1 PROPOSED VOL, an, Pc. 61? 25' T.C. E. vOL. a13, Pc. n48 ^ u' u. ri.1;. C. 1. Q ! 0. 106 AC. �I I STUART B. MCCURDY AND 4,6 So. FT. N141 I D I AN ARM Cr s URDY VICTORIO L. TOSTADO AND In I (5.20 AC.) Co N1 1 VOL 2172 PG. 280 IM NI MARIA L. TOSTADD I� (5. 32 AC.) -I3c 1 O. R. W. C. T. ICol (-- j �v L Y lW 1 w! DOC. NO. 9866886 u,� 5 N I 7 c� 9 in {o Lill o. R. W. C. T. o co I n`a�� f��)� ( f�1n' HOWARD LEE I' I ol�� PARHAM III AND 1„`0! �ijz1 ! 1 JANIS NEWBY PARHAM I• of TRACT 7 { ! / (5T339TAC.) lN�zl WESTVIEW SUBDIVISION 1 { / LOT 19 VOL. 2522, PG. 647 ! v! (UNRECORDED) I 1 // 0. R. W. C. T. I I I ' FFi•ESIn{C1 YER I `"` `-,— GATT I S { I !�/ LOT zo SEE; NO•:r5 SCHOOL RD. I 5E[, NOTE 1 1 VOL. 071, F'G. E12 I I VOL. 873. Pc. 948 • . , 1i.R.u�c,1. I N31136144 V{ BRADFORD PARK, _1 SECTION THREE A — CAB, 0, SLIDE 257 256 { EXISTING /s R.G.Vt. r �` LOT 21 P. R. W. C. T. ! �'o P. 0. R. FRED R. ANDERS AND WIFE, { STA. 141.67.75 WILMA J. ANDERS I 04 9C f 1280.43' RT TRACT 11 I 3 -1 (5.53 AC.I NUMBER DIRECTION DISTANCE VOL. 959, PAGE 15 I D. R. W. C. T. DETAIL 'A" L 1 NO I.57' 03 "w 37. 79' -_ N. r. S. L2 SOI' 58' 52'E 37. 50' *f — — e PARCEL PLAT SHOWING PROPERLY OF INLAND J V I CTOR I O L. TOSTADO AND G(rODETICS a MARIA L. TOSTADO PROFESSIONAL LAND 5l1RVEY01:5 PARCEL 1 SO4 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, 7X.78681 SCALE PROJECT COUNTY PH.012)238-1200,FAX(S12)238-12S1 FIRM REGISTRATION NO. IOOS91-OLPJI 1 " = 60 GAT T I S SCHOOL ROAD w I LL I AMSON II1INK IEn PLAT TO ACCOMPANY PARCEL DrWRIPTION LEGEND REVt 10/08/18 04/12/18 PAGE 4 OF 4 FENCE CORNER POST FOUND i CENTER LINE IRON ROD FOUND UNLESS NOTED ( ) PROPERTY LINE RECORD INFORMATION O %2" IRON ROD FOUND W/PLASTIC CAP ,11- LINE BREAK © COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP OO I/2" IRON PIPE FOUND UNLESS NOTED P.O.B. P.O.R. POINT OF BEGINNING POINT OF REFERENCE X X CUT FOUND N. T. S. NOT TO SCALE A 60/D NAIL FOUND D. R. W. C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS 0 CALCULATED POINT 0. R. V1. C. T. OFFICIAL RECORDS 0 %2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW-4933" SET 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS P. R. W. C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon are based on grid bearing. AT; distances ere surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE OF NO, 1827471-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 26, 2018, ISSUE DATE JULY 5, 2018. 10C. EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 710, PAGE 70 AND VOLUME 710, PAGE 184 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED. D. TO FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN VOLUME 871, PAGE 612 AND VOLUME 873, PAGE 948, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. E. 5 FOOT WIDE STRIP ON THE GATTIS SCHOOL ROAD BOUNDARY RESERVED FOR THE PURPOSE OF RIGHT-OF-WAY FOR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT RECORDED IN VOLUME 871, PACE 612 AND VOLUME 873, PACE 948, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-4069, RECORDED IN DOCUMENT NO. 2017007110, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT 70. NOTE: 1) RESTRICTIVE COVENANTS FOR WESTVIEW SUBDIVISION (UNRECORDED) MAY AFFECT THIS PARCEL IN THAT THIS PARCEL IS DESCRIBED AS TRACT 7 IN VOL. 669, PC. 659, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. OTHER PARCELS CONVEYED FROM WESTVIEW SUBDIVISION ARE ENCUMBERED BY SAID RESTRICTIVE COVENANTS AS CITED IN AND/OR ATTACHED TO CONVEYANCE DEEDS. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. T UESDALE DATE 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, TEXAS 78681 - -- - N LA N Du GEODETI( PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 Pit 1512) 232-1200, FAX (512) 2WI7S1 t FIRAi REGISTRATION NO.100591-00 } rl, .../.8TE'�. 1...1.F'HF..N..1iTR11UESNINIMDALI:I/• /.I1.f1/f I.i 1111.11.. i1iM,Ii1M s 4033 �LyoaE$6►0' ••�O PARCEL PEAT SHOWING PROPERTY OF VICTORIO L. TOSTADO AND MARIA L. TOSTADO SCALE PROJECT COUNTY 1' - 60' GATTIS SCHOOL ROAD WILLIAMSON ACQUISITION 1 0,1601 6,968 CALC/OEED AREA 1 5.32 1 231,739 REMAINDER AREA 1 5. 16 1 224, 771 PARCEL 3 '' ■ v �5 ' i '',r'��} { * is ■ • yY `� + - / �_- '� lt: � ram,* ��- ! Fr �[ � ._y ,.�. . � � - �.. - i �#.,� -Sid. � `� :�'• w � co �• r ` ." r LU dil 1' ��� - � . it '� . � M• ;�= r ' Ar '794L �' � � � !11 it { �� Y � � f :'��'';i ■�� t 71C� �Jli - t � � �i"•`-, fix- 4r' F � _ � .: .� �i �-� , �� �� fir►. F �' '' •i+ `" _, Parcel 3 y y � lc .tip. * • .ir-v .� �,. F- r, �(.f. :.� �r, � - � r � � r 't'?E. � a �•.; cam'`'�.:'f�"'.w,k?. �: •�'; ,��;. � ,k � +��.Y- �. y,:..'' ire �`�;.: •`it, j . �rrrr �rrrr �rrrr ■irrr■:V� ■ArrArwrs�rYr■A�v, auvrarrrur��i"rr r�- - • � • • • Round =MMIRrr�aIle -�� ,r•='MEN �:•�si`'�res J� , 0 4f 4 - - TOSTADO (3) fir .. • * City of Round Rock BOUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing Agreed Final Judgment in the amount of $45,000 to close parcel 3 on Gattis School Road Segment 6. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/2/2021 Dept Director: Gary Hudder, Transportation Director Cost: $12,839.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Exhibits-00468297.PDF, Judgment-00468258.PDF, LAF-00468298.PDF Department: Transportation Department Text of Legislative File CM-2021-089 Gary Hudder approved up to $6/sf which equals $44,307 for the fee simple acquisition and Temporary Construction Easement. Adding our appraiser's estimated compensation of $1,907 for improvements within the acquisition and costs to cure would equal $46,214. Total savings of $1,214. Cost: $12,839.00 Source of Funds: Round Rock Transportation and Economic Development Corporation (Type B) City of Round Rock Page 1 of 1