Contract - Leonardo Duarte - 7/8/2021GSR-Parcel 28
CAUSE NO. 21 wO 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 j DGEMENT
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 Judgement by the Court. It appears to the Court that it hes
jurisdiction of this matter, and that the paRies have agreed to all of the provisions contained within
this Judgement and desire to resolve this flawsuit;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that fee title ion and to
approximately 0.156-acres (Parcel 28) of land in Williamson County, Texas, said property being
more particularly described by metes and bndous in Exhibit "A" attached hereto and incorporated
herein for aI I purposes (th
D Property"), and aS further described in Plaintiff's Original
Petition, filed among the papers of this cause on or about January 26, 2021 excluding all the oil,
gas,, and sulphur which can ber-C-M-Oved from beneath said real property, without any right whatever
remaining to the owner of such oily gas, and sulphur of ingress or egress from the surface of solid
real property for the purpose of explori"ng, developing,, or mining of the same, be vested in THE
CITY OF ROUND ROCK, TEXAS. and its assigns for the purpose of constructing,
FS W* 2P700*1 . 1 vjj3
AD
reconstructing, realigning, widening and/or mantainingiimprovements to the Gattl*s School Road
roadway improvement project, and to perform associated public use and purposes.
It is further ORDERED that incomplete satisfaction of any and all claimswhichhavebeen
6 made or which could have been made in this litigation, including the Property to be acquired and
any damages to any remaining property of Condemnees, that Condemnees shalt recover from
Condemnor the total sum of FIFTY-EIGHT THOUSAND TWENTY-EIGHT AND 00/100
DOLLARS ($58,028.00). The parties agree FORTYmNINE 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
July 15, 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 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 . 2p21.
Judge Presiding
2.4
PREPARED AND APPROVED AS TO SUBSTANCE AND FORM BY:
M riaLinfieId
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 lanOmscrrlaw.com
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 Rocic, Texas
By:_ , le� m / '
2.41
Craig organ, Vyor Date
CERTIFICATE OF SERVICE
l certify that a true and correct copy of the foregoing document was served oil 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 June, 2021.
/s/ Mylan W. Shaunfield
Mylan W. Shaunfield
3.
A
EXHIBIT
County: Williamson
Parcel: 28
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 28
03,mOT-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" 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 0 411 41" 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 (ROVV)
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" 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 02030118" 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 tract;
3) THENCE, with said existing northerly ROW line, same being the southerly boundary line of said
2.001 acre tract, S 88*13'55" 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 02041'41" 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.
42031 NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That 1, 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
111
r.,,
OE
.!��
M. STEPHEN TRUESt7ALE
4933
SU
S:\-RTG\GATTIS SCHOOL -WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 28-LFONARD DUARTEIPARCEL 28-LEONARD DUARTFACC
A.
EXHIBIT "
PLAT" TO ACCOMPANY PARCEL DESCRIPTION
03/07/19'
PAGE 3 OF 4
RITA H. GEORGE
(1 . 00 AC.) DW I GHT E. DAVIS AND WIFE,
DOC. NO. 2003066118 LATR I CE A. DAVIS !
l
0. P. R. W. C. T. (1 . 00 AC.) (
VOL.1 700 PG. 4 7 5
P. 0. C. � i
STA.70. R. W. C. T. ,
s63.60 !
409.05' LT N
— (N890 31 ' 04 "E 237. 40 ) I
I '
I
I
I _SORVL--Y I
AlliOOE R -,► 0 30 60
ABSTRACT NO. �.�� {
iI I
1 - 60
1 '
NUMBER DIRECTION DISTANCE
I
I L 1 S02030' 1 8"E 29. 00' (
(L 1) (S02° 34' 01 "E) (29. 00') (ROUNQ ROCK RANCH
I ( PHASE ONE
1 ° -
L 2 NO2 41 41 "W 28.60 Ln ! SECTION ONE
I CAB. J,
SLDS. 1 39- 1 42
m r I P. R. W. C. T.
.I {
w I
r - ! LOT 2
r SCHOOL TRACT
Ln !
` (1 4. 71 1 AC.)
r LEONARD DUARTE O
(2.001 AC.) cn
I DOC. NO. 2016090540
o -
0. P. R. w. C. T. 1 BLOCK 'IN"
O r 7
� I
I
O
z ROUND ROCK
SPIRITUAL ASSEMBLY OF I , i �,.INDEPENDENT
BAHA I S FAITH OF ROUND P. 0. B. r' I SCHOOL DISTRICT
ROCK, TEXAS STA. 86+42.30 Q`�'
(2. 00 AC.) 70. 22' LT Q "?IDOC. 2000046258
1
DOC. NO. 200001 2742 GRID COORDINATES: rr-1 0. P. R. W. C. T.
0. P. R. W. C. T. N= 1 01 54562. 60 ° O
E=3143776.56 2$ (Now!
STA. $8+79. 07- z ! LOT 1
eti5, °wtol°U�� ROCK 0, 156 AC. 70. os' LT FIRE STATION
VOL. 1347, PG. 572
6, 81 7 SQ. F T. ' I {
O.R.W.C.T.
tE. IPLA
J N8$' 08 Q8 _ E — 2 6.__?7 - L- — . -F EXISTING R.O. W.
TEXAS POWER &LIGHT CO. R. �`�"PROPOSED R.O.W. �
SOUTHYlESTERhr BELL TELI:. CO. --- _ --�- - -_-- ------°�--- 1: �° 29' RIGHT-OF-WAY
2' WIDE EASEMENT J - - - F - - - -- - - -� J DEC)1CAT10�) PER PLAT
VOL. 699, PG. 90 � I o , � CAB. J. $C.DS. ) 39- 1 47_
D.R.vr.C.T. _ (S8_9 3$ 25 W 236.91 ---
S88° 13' S5"_W_--36.68.'_ _-�j-------___----------�
jL
EXISTING R.O.W. _ __� _----------- - - -- ----_ ___ -_
GATT I SSCHOOL ROAD
R.O.W. WIDTH VARIES)-�89+00
$7+00 88+0086+00 p GATTIS CHOOL ROADBASELINE �_ I PROPOSED ;
T
_ _ _ -------- ,- z ---
----------
- _ - ,-.. -P, - P-- -p. - p- . P.
1------
----------------------- �----------- _�--c�-•:�.-.�'-'� = a=-'d-=-�'-�-..� -c}-•d---d'-'d--tf-•cT -
. r
� x
r
PARCEL PLAT SHOWING PROPERTY OF
I N L A N D u
hL
GEODETICS _j LEONARD DUARTE
PROFESSIONAL LAND SURVEYORS PARCEL 28
1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY
PH. (512) 238-1200, FAX (512) 238-1251
FIRM REGISTRATION NO. 100591-00 1 If= 60' GATTIS SCHOOL ROAD W I LL I AMSON
S:\xRTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 28-LEONARD DUARTE\PARCEL 28-LEONARD DUARTE-REV.dgn
FXHTRTT A.
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
•
112" IRON ROD FOUND, UNLESS NOTED
CENTER LINE
0
IRON SET W/ PLASTIC CAP
R
PROPERTY LINE
( )
RECORD INFORMATION
STAMPED "INLAND-4933"
—�—
LINE BREAK
O
IRON ROD FOUND W/PLASTIC
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
112" 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
0. R. W. C. T.
OFFICIAL RECORDS
L
CALCULATED POINT
0. P. R. C. T.
WILLIAMSON COUNTY, TEXAS
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
377, 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 1347, 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
O' ' �►
M. S11PHEN TAUESDALE
4933
i1tR�.�f•.1��.���Nf�•N��tlMN
to
41
I J�
SHOWING PROPERTY OF
DUARTE
ACQUISITION 0.156 69 81 7
CALC/DEED AREA 2.001 87, 164
REMAINDER AREA 1.845 80, 34 7
PARCEL 28
COUNTY
WILLIAMSON
-LEONARD DUARTE\PARCEL 28-LEONARD DUARTE-REV.dgn