R-2021-178 - 7/8/2021RESOLUTION NO. R-2021-178
WHEREAS, the City of Round Rock ("City") used its eminent domain authority and initiated
a condemnation suit for the acquisition of certain easement property interests from Leonardo Duarte
a/k/a Leonard Duarte, and New Residential Mortgage, LLC ("Condemnees"), with such property to be
used for constructing, reconstructing, realigning, widening and/or maintaining improvements to the
Gattis School Road Phase 3 Project; and
WHEREAS, City and Condemnees have now agreed to a negotiated settlement of the
condemnation lawsuit in Cause No. 21-0164-CC2; and
WHEREAS, City and Condemnees wish to enter into an Agreed Final Judgment for the
acquisition of fee simple title to 0.156 acres (Parcel 28) of land required for the Gattis School Road
Phase 3 Project, 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 an Agreed
Final Judgment in the condemnation lawsuit in Cause No. 21-0164-CC2, a copy of same 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 5 51, Texas Government Code, as amended.
RESOLVED this 8th day of July, 2021.
CRAI ORGtock,
N. Mayor
City of Round Texas
ATTEST:
7q W--W- 4
SARA L. WHITE, City Clerk
Ol 12.20212; 00475344
GSR-Parcel 28
EXHIBIT
„A»
CAUSE No. 2 1 mO I 64mCC2
CITY OF ROUND ROCK, TEXAS § IN THE COUNTY COURT AT LAW
Condemnor §
V. NUMBER FOUR OF
LEONARDO DUARTE aWa LEONARD §
DUARTE,, and NEW RESIDENTIAL §
MORTGAGE, LLC §
Conde nees § WILLIAMSON 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 Cour,t
The parties to this lawsuit have agreed to compromise and settle the issues in this lawsuit
and request entry of this Agreed Final Ju d
gement by the Court. It appears to the Court that it hes
jurisdiction of this matter, and that the. part -Ives 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 0.156-acres (Parcel 28) of land in Williamson County, rpexas, said property being
more particularly described by metes and bounds I*n Exhibit"A" attached hereto and incorporated
herein for all purposes (the "R.O.W. Property" ), and as further descrbediin Plaintiff's Original
Petition, filed among the papers of this cause on or about January 26, 20'2'1:o, 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 min44 ing of the same, be vested in THE
CITY OF ROUND ROCK, TEXAS, and its assigns for the purpose of constructing,
.a
reconstructing,, realigning, widening and/or maintaining improvements to the Gatti's School Road
roadway improvement project, and to perform associated public use and purposes.
It'I's further ORDERED that. in complete satisfaction of any and all claims which have been
0
made or which could have been made in this li6 tigation, including the Property to be acquired and
1#
any damages to any remaining property of Condemnees, that Conde nees shall recover from
Condemnor the total sum of, FIFTY-EIGHT THIDUSJi!�ND W
ENTY-EIGHT AND 00/ 100
DOLLARS ($58,029.00). The parties agree FORTY=NINE THOUSAND SIX HUNDRED
NINETY-TWO AND 00/100 DOLLARS ($49,692,00) was previously deposited within the
registry of this Court, leaving a balance due of EIGHT THOUSAND THREE HUNDRED
THIRTY-SIX AND 00/100 DOLLARS ($8,336-00), and the remaining balance must be paid by
duly IS., 2021 to avoid paying interest.
It is further ORDERED that no interest is due and payable so long as the payments are made i"n
accordance with this Agreed Fi*nal Judgement.
It 1*s 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 4
Judge Presiding
2.0
t
PREPARED AND APPROVED AS TO SUBSTANCE AND FORM BY:
M iaunfieId
State Bar No. 24090680
SHEETS & CROSSFIELD, P.L.L.C.
309 Cast Main Street
Round Rock, Texas 78664
512/255-8877
512/255-8986 (fax)
M ylan(@,scrrlaw.c:om
Attorneys for Condemnor
APPROVED AND AGREED AS TO SUBSTANCE AND FORM:
David Todd
State Bar No. 20093590
Todd Law Firm
3800 N. Lamar Blvd., Ste. 200
Austin, Texas 78756
The City of Round Rock, Texas
0
Craig Morgan, Mayor
Date
CERTIFICATE OF SERVICE
1 certify that a true and correct copy of the foregoing document was served oil all parties
of record by delivering sarne 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 June, 2021.
3.
/s/ Mylan W. Shaunfield
Mylan W. Shaunfield
A
EXHIBIT
dmmm�
County: Williamson
Parcel:9
28
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 28
03-07-2019
Page 1 of 4
DESCRIPTION OF A 0.156 ACRE (6,817 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A.
HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THAT CALLED 2.001 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO
LEONARD DUARTE RECORDED IN DOCUMENT NO. 2016090540 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0,156 ACRE (6,817 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" 1,
iron rod found, 409.05 feet left of proposed Gattis School Road Baseline Station
86+37.,60, being the northwesterly corner of said 2.001 acre tract, same being the northeasterly corner of
that called 2.00 acre tract of land described in Warranty Deed with Vendor's Lien to Spiritual Assembly of
Baha'is Faith of Round Rock, Texas recorded in Document No. 2000012742 of the Official Public
Records of Williamson County, Texas;
THENCE, with the common boundary line of said 2.001 acre tract and said 2.00 acre tract, S 02*41141 " E,
for a distance of 338.86 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid
Coordinates determined as N=10154562.60, E=3143776,,56 TxSPC Zone 4203), 70-.22 feet left of
proposed Gattis School Road Baseline Station 86+42,.30, in the proposed northerly Right, -of -Way (ROW)
line of Gattis School Road (ROW width varies), for the northwesterly corner and POINT OF BEGINNING
of the herein described tract;
1) THENCE, departing said 2.00 acre tract, with said proposed northerly ROW line, through the
interior of said 2.001 acre tract, N 88*08'08" E, for a distance of 236.77 feet to an iron rod with
aluminum cap stamped "ROW 4933 is set 70-08 feet left of proposed Gattis School Road Baseline
Station 88+79,07, in the existing northerly ROW line of Gattis School Road (ROW width varies),
same being in the easterly boundary line of said 2.001 acre tract, also being the southwesterly
corner of Lot 1, Block "N" Round Rock Ranch, Phase One, Section One, a subdivision of record
in Cabinet J, Slide 139-142 of the Plat Records of Williamson County, Texas, for the northeasterly
corner of the herein described tract;
2) TH.ENCE, departing said Lot 1, with the said existing northerly ROW line of Gattis school Road,
same being said easterly boundary line of the 2.001 acre tract, S 02030'18" E, for a distance of
29.00 feet to a 1/2" iron rod found, being the southeasterly corner of said 2.001 acre tract, same
being an ell corner in said existing northerly ROW line, for the southeasterly corner of the herein
described tractq
3) THENCE, with said existing northerly ROW line, same being the southerly boundary line of said
2.001 acre tract, S 88013'55" W, for a distance of 236.68 feet to a 1/2" iron rod found, being the
southwesterly corner of said 2.001 acre tract, same being the southeasterly corner of said 2.00
acre tract, for the southwesterly corner of the herein described tract;
Page 2 of 4
4) THENCE, departing said existing northerly ROW line, with the common boundary line of said 2.00
acre tract and said 2.001 acre tract, N 02°41'41" W, for a distance of 28.60 feet to the POINT OF
BEGINNING, containing 0.156 acre (6,817 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 Round Rock, Williamson County, Texas.
M. Stephen Truesd le
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
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RITA H. GEORGE
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DOCe NO., 2003066118
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I N L A N D u
GEODETICS �
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE.103
ROUND ROCK, TX. 78681
PH. (512) 238-12001 FAX (512) 238-1251
FIRM REGISTRATION IVO. 100591-00
PARCEL PLAT SHOWING PROPERTY OF
LEONARD DUARTE
ISCALEP� 1160' GATTISSCHOOL ROAD WILLUNTY , I AMSON
PARCEL 28
S:\*RTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 28-LEONARD DUARTE\PARCEL 28-LEONARD DUARTE-REV.dgn
EXHIBIT "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
• I/2" IRON ROD FOUND, UNLESS NOTED
CENTER LINE
00 IRON SET W/ PLASTIC CAP
R
PROPERTY LINE
( )
RECORD INFORMATION
STAMPED "INLAND-4933"
---I/�--
L I N E BREAK
LINE
U IRON ROD FOUND W/PLASTIC
N
DENOTES COMMON OWNERSHIP
CAP, AS NOTED
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCING
0 COTTON GIN SPINDLE. FOUND
N. T. S.
NOT TO SCALE
O 1/2" IRON PIPE FOUND, UNLESS NOTED
STMSE
STORM SEWER EASEMENT
X X CUT FOUND
SSE
SANITARY SEWER EASEMENT
® MAG NAIL FOUND
P.U.E.
PUBLIC UTILITY EASEMENT
A 60/D NAIL FOUND
D. R. W. C. T.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
A MAG NAIL SET
O. R. W. C. T.
OFFICIAL RECORDS
L CALCULATED POINT
P. R. C. T.
WILLIAMSON COUNTY, TEXAS
0. W.
OFFICIAL PUBLIC RECORDS
0 IRON ROD W/ ALUMINUM CAP
WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4933" SET
P. R. W. C. T.
PLAT RECORDS
(UNLESS NOTED OTHERWISE)
WILLIAMSON COUNTY, TEXAS
03/07/19
PAGE 3 OF 4
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are
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 GF NO.1920253-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 30, 2019, ISSUE DATE JUNE 10, 2019.
1. RESTRICTIVE COVENANTS: VOLUME 674, PAGE 63, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
10A. ELECTRIC TRANSMISSION EASEMENT TO TEXAS POWER & LIGHT COMPANY, RECORDED IN VOLUME 337, PAGE 364, VOLUME
3779 PAGE 242, FROM ITS DESCRIPTION CAN NOT BE LOCATED, VOLUME 524, PAGE 124, VOLUME 715, PAGE 324, DOES
NOT AFFECT, ALL OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
B. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY,
RECORDED IN VOLUME 544, PAGE 749, DOES NOT AFFECT, VOLUME 558, PAGE 90, FROM ITS DESCRIPTION CAN NOT BE
LOCATED, VOLUME 699, PAGE 905, AFFECTS AS SHOWN, AND VOLUME 699, PAGE 907, DOES NOT AFFECT, ALL OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
C. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOTHWESTERN BELL TELEPHONE COMPANY,
RECORDED IN VOLUME 699, PAGE 903, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
D. PUBLIC UTILITIES EASEMENT TO CITY OF ROUND ROCK RECORDED IN VOLUME 13479 PAGE 572, OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
E. ACCESS EASEMENT 30 FEET IN WIDTH RECORDED IN VOLUME 583, PAGE 478, OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
OF
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE „.�",...f1pope"
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
M. S1EPNP1 TAUEDN..f
SHOWN HEREIN AS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDE Y D RECT SUPERVISION. '';.,� 4933
`+ SUS
M. STE HEN TR ESDALE
DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 493
ACRES
SQUARE FEET
LICENSED STATE LAND SURVEYOR
ACQUISITION 0.156
69817
INLAND GEODET I CS, LLC
FIRM REGISTRATION NO. 1 00591 -00
CALC/DEED AREA 2.001
879 164
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
REMAINDER AREA 1.845
80, 347
PARCEL PLAT SHOWING PROPERTY OF
I N L A N D u
GEODETICS-j
L EONARD DUARTE
PROFESSIONAL LAND SURVEYORS
PARCEL
28
1504 CHISHOLM TRAIL RD. STE. 103
SCALE
PROJECT
COUNTY
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
FIRM REGISTRATION N0. 100591-00
1 " = 60'
GATT I S SCHOOL ROAD
WILLIAMSON
s!\*RTrAr.ATTTS crH65i -
Mnr PARK TO
RR RANCH RD\PARCELS\PARCEL
28-LEONARD DUARTE\PARCEL 28-LEONARD
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