R-2022-071 - 2/24/2022 RESOLUTION NO. 12-2022-071
WHEIZEAS, 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 Laura C. Stich and
Kenneth C. Ross ("Condemnees"), with such property to be used for the Brushy Creek Regional
Utility Authority Phase 2 Raw Water Delivery Protect; and
WIJERICAS, City and Condeninees, have now agreed to a negotiated settlement of the
condemnation lawsuit in Cause No. C-I-CV-21-002719; and
WHEREAS, C ity and Condeninees wish to enter into an Agreed Final Judgement f'or the
acquisition of a 0.373-acre temporary construction easement (Parcel 22TCE) required for the 131-UShy
Creek Regional Utility Authority Phase 2 Raw Water Delivery Project, Now Therellore
BE IT RESOLVED BY THE COUNCIL OF ,rIIE CITY OF ROUND ROCK, TEIXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreed
Final Judgement in the condemnation lawsuit in Cause No. C-I-CV-21-002719, a copy of sarne 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 UP011, all as required by the Open Meetings Act,
Chapter >51, Texas Government Code, as amended.
RESOLVED this 24th day of February, 2022.
('12 1ICi Mt?IGAI)�Mayor
City ofRound Rock, Texas
ATTI,"S"I":
T/(J�I,� U)
E,M X6i1N SNKS, Ciiy Clerk
t212Q-Ii tWb6n 7655a
EXHIBIT
BCRUA—Parcel 22TCE
CAUSE NO. C-1-CV-21-002719
CITY OF ROUND ROCK, TEXAS § CONDEMNATION PROCEEDING
Condemnor §
§
§
V. § IN THE PROBATE COURT OF
LAURA C. STICH and KENNETH C. ROSS §
Condemnees § TRAVIS 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 a temporary
construction access and workspace easement as shown in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "Easement") over and across approximately 0.373-acres
(Parcel 22TCE) of land in Travis County, Texas, said property being more particularly described
by metes and bounds in Exhibit"B"attached hereto and incorporated herein for all purposes (the
"Property"), and as further described in Plaintiff's First Amended Petition,filed among the papers
of this cause on or about October 18, 2021; 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 temporary 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, TE S, and its assigns for the purpose of providing, enlarging, improving, boring,
constructing, reconstructing, replacing, building, upgrading, renewing, removing, inspecting,
cleaning, changing, modifying, and/or maintaining subsurface raw water intake lines, facilities,
and other appurtenances to and for the regional water treatment and distribution system of the
Brushy Cree Regional Utility Authority and its participating cities, and to perform associated
public uses aid purposes ("Project").
It is f rther ORDERED that in complete satisfaction of any and all claims which have been
made or whi h could have been made in this litigation, including the Property to be acquired and
any damage to any remaining property of Condemnees, that Condemnees shall recover from
Condemnor he total sum of SIXTY-FIVE THOUSAND AND 00/100 DOLLARS ($65,000.00).
The parties gree FIFTY-SEVEN THOUSAND AND 00/100 DOLLARS ($57,000.00) was
previously ceposited within the registry of this Court, leaving a balance due of EIGHT
THOUSAN AND 00/100 DOLLARS ($8,000.00), and the remaining balance must be paid by
April 1, 2022 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 udgement 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:
/s/ Mylan W. Shatinfield
Mylan W. Shaunflield
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)
Lmak1w, )scrr mv.C(.)rn
Attorneys for Condemnor
APPROVED AND AGREED AS TO SUBSTANCE AND FORM.
/s/ DavidTodd ('with permission)
David Todd
State Bar No. 20093590
Todd Law
3800 N. Lamar Blvd., Ste. 200
Auslin, Texas 78756
The City of Round Rock, Texas
By: .............
Craig Morgan, Mayor Date
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 27"' day of January, 2022.,
/s/ Mylan W. Shaunfield
Mylan W. Shaunfield
3.
Exhibit "A"
TEMPORARY CONSTRUCTION ACCESS AND WORKSPACE EASEMENT
AGREEMENT
BCRUA Phase II Intake Tunnel
STATE OF FEXAS §
COUNTY OF TRAVIS §
THIS TEMPORARY CONSTRUCTION ACCESS AND WORKSPACE EASEMENT
AGREEMENT(this"Agreement") is entered into this day of , 2021,
by Laura C Stich and Kenneth C. Ross, whose legal address is 321 Calistoga Ct., Austin, TX
78732 (the" rantor"), and the CITY OF ROUND ROCK, a Texas home rule city, whose address
is 221 E. Man St., Round Rock,Texas 78664 ("City"or"Grantee") (collectively,the"Parties").
In consideration of the sum of Ten dollars ($10.00) and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and the further consideration of the
covenants a d agreements set forth below, Grantor hereby sells, conveys, transfers, grants and
delivers tote Grantee, its contractors, consultants, subcontractors, subconsultants, materialmen,
suppliers, workers, successor, and assigns, a non-exclusive Temporary Construction Access
Easement (the "Temporary Construction Easement") in and across the real property described in
Exhibit A, a copy of which is attached and incorporated by the reference (the "Temporary
Easement Pr perty"), to facilitate the City's construction of portions of its Phase 2 Raw Water
Delivery System underground tunnel through use of a drop shaft(the"Project").
This Temporary Construction Access and Workspace Easement is granted in accordance
with, and subject to,the following terms, conditions,requirements, and limitations:
1. The Temporary Construction Access and Workspace Easement is granted for
vehicular and pedestrian ingress and egress to and from the Temporary Easement
Property and for Grantee's use to do all things reasonably necessary to construct
and install the Project including excavating, securing, constructing, operating,
upgrading, repairing, and maintaining of one vertical shaft not to exceed 30 inches
in diameter to be used for survey control, for the delivery of concrete, and to
facilitate construction of the Project. Grantee shall be allowed to store materials
and equipment, cut or trim trees and shrubbery, remove obstructions, and perform
temporary grading as necessary to facilitate construction of the project.
No hazardous material shall be stored within the Temporary Easement Property.At
all times during the Temporary Construction Access and Workspace Easement the
limits of the useable Temporary Easement Property will be fenced by Grantee with
six(6)foot chain link fence or better,and silt fencing will be placed and maintained
at all times around the perimeter areas. All gates providing access to the Temporary
Easement Property shall be locked when not actually in use by Grantee. Grantee
shall have the right of ingress and egress at all times for the purposes stated herein.
Upon expiration of the Temporary Construction Access and Workspace Easement,
the Grantee, at its sole cost and expense, shall remove all fencing, and restore the
Temporary Easement Property to as closely as commercially possible to
substantially the same condition it was immediately prior to Grantee's use.Grantee
shall remove all rubbish, spoils, equipment, and debris from the Temporary
Easement Property and plug the vertical shaft.
The term of this Agreement shall begin in May 2022 upon the issuance of Notice
to Proceed for contractors working within the Temporary Easement Property and
shall extend until May 30,2025 or until the Project has been completed,whichever
first occurs, unless otherwise extended by the parties in writing.
2. Upon termination of this Agreement, all covenants in the instrument are released
(other than Grantee's restoration obligations set forth in Paragraph 1, Grantee's
indemnification obligations set forth in Paragraph 4,and the cost recovery provision
set forth in Paragraph 13,all of which shall survive the expiration or termination of
this Agreement)and the Temporary Easement Property shall be considered free and
clear of any restriction or any right or privilege attaching to the grant of the
Temporary Construction Access and Workspace Easement set forth in this
Agreement. Upon request by Grantor, Grantee shall execute any documents
reasonably requested by Grantee to confirm the termination of this Agreement.
3. The Temporary Construction Access and Workspace Easement shall allow the City
and its contractors, consultants, subcontractors, subconsultants, materialmen,
suppliers,workers, successors, and assigns thereof to use the Temporary Easement
Property during the construction of the Project. Grantee shall use the Temporary
Easement Property solely for the purpose described in Paragraph 1 and for no other
purpose. In no event may any use of the Temporary Easement Property by the City
and its contractors, consultants, subcontractors, subconsultants, materialmen,
suppliers, workers, successors, and assigns thereof violate any applicable law, rule
or regulation relating to the Temporary Easement Property or materially impact
Grantor's normal business operations in or upon the remaining adjacent property.
To the extent allowed by law, the City shall indemnify and hold the Grantor
harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the
City and its contractors, consultants, subcontractors, subconsultants, materialmen,
suppliers, workers, successors, and assigns thereof in carrying out the purposes of
this Easement,except to the extent such claims or damages may be due to or caused
by the negligence or willful misconduct of Grantor or its employees,contractors or
agents.
4. Grantor covenants and agrees that it is the fee owner of the Temporary Easement
Property and that it has the authority to grant this Temporary Access and Workspace
Construction Easement to the City.
2
5. Grantor warrants and agrees that no building, structure, or other above or below
ground obstruction that may interfere with the purposes for which this Temporary
Construction Access and Workspace Easement is granted may be placed, erected,
installed or permitted upon the Temporary Easement Property during the term
hereof except for existing improvements, if any. The Grantor further agrees that in
the event the terms of this Temporary Construction Access and Workspace
Easement are violated, that such violation shall immediately be corrected by the
Grantor at Grantor's sole expense upon receipt of written notice from Grantee.
6. Grantor reserves all rights attendant to its ownership of the Temporary Easement
Property, including but not limited to the use and enjoyment of the Temporary
Easement Property for all purposes not inconsistent with the terms and conditions
of this Agreement. At no time during the possession of the Property by Grantee for
the purposes described herein shall Grantor be denied reasonable access and/or
ingress to or egress from the adjacent public roadway to the remainder of Grantor's
land for its current use, or any subsequent legally authorized use, without prior
advance agreement between Grantor/Tenant and Grantee.
7. All notices provided for herein shall be in writing and shall be personally delivered
or mailed by registered or certified United States mail, postage prepaid, return
receipt requested,to the parties at the addresses given below or at such other address
that may be specified by written notice in accordance with this paragraph:
If to Grantor: Laura C. Stich and Kenneth C. Ross
321 Calistoga Ct.
Austin, TX 78732
Travis County
If to Grantee: City of Round Rock,a Texas home rule city
221 E. Main St.
Round Rock,TX 78664
Williamson County
8. This Agreement represents the entire agreement between the Grantor and the City
as relates to the Temporary Construction Access and Workspace Easement and
supersedes all prior negotiations, representations, or agreements, either written or
oral.Any amendments to this Agreement must be in writing and signed by both the
Grantor and Grantee.
9. Each and every term, condition, or covenant of this Agreement is subject to and
shall be construed in accordance with the provisions of Texas law. Venue for any
action arising out of this Agreement shall be in the District Court in the County of
Travis,Texas.
3
10. The benefits and burdens of the Temporary Construction Access and Workspace
Easement shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
11. This Agreement shall be recorded by City but shall nevertheless become effective
upon the date of final execution by all parties and delivery of same to the City.
12. In the event of litigation between the parties in connection with this Agreement,the
prevailing party shall be entitled to recover its reasonable attorneys' fees and costs
from the non-prevailing party. The obligation in the immediately preceding
sentence shall survive any termination or expiration of this Agreement.
13. Subject to existing matters of record affecting the Easement Property, Grantor
warrants and shall forever defend this Temporary Construction Access and
Workspace Easement to Grantee against anyone lawfully claiming or to claim the
Easement or any part thereof when the claim is by, through or under Grantor, but
not otherwise.
14. When the context requires, singular nouns and pronouns include the plural. When
appropriate,the terms"Grantee"and"Grantor"include their respective employees,
agents, subsidiaries, officers, servants, contractors, successors and assigns.
GRANTOR:
Laura C. Stich Kenneth C. Ross
4
ACKNOWLEDGMENT
THE STATE,OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on this day of ,
2021, by Lai tra C. Stich, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of ,
2021, by Kenneth C.Ross, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
5
AGREED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By:
Name:
Its:
Acknowledtement
State of Texas
County of Williamson
This instrument was acknowledged before me on
by , in the capacity and for the purposes and consideration recited
herein.
Notary Public—State of Texas
6
AGREED AND ACKNOWLEDGED:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Name:
Its:
Acknowledgement
State of Tex s
County of
This instrum nt was acknowledged before me on
by , in the capacity and for the purposes and consideration recited
herein.
Notary Public—State of Texas
After recording return to:
Cobb, Fendl y&Associates, Inc./Right of Way Department
505 E. Huntl and Drive, Suite 100
Austin,TX 8752
7
Exhibit "B"
BCRUA 022
IAURA C. STICH AND KENNETH C. ROSS
ke Partners
@ neers * surveyor's
804 l.as Cimas Pkwy.,S0e 150
Ausf4i, Texas 78746
0.373,ACRE
TEMPORARY CONSTRUCTION EASEMENT
I,OCATFIJ) IN TFIE RUSK TRANSPORTATION COMPANY SURVEY,ABS'I'RACT681,
IN TRAVIS COUNTY,TEXAS
FIELD NOTES FOR A 0.373 ACRE STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION COMPANY SURVEY,
ABSTRACT 681, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 5, BLOCK"'A', OF THE GATE HOLLOW ESTATES
ADDITION, OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)200600049 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS(O.P.R.T.C.T.)AND CONVEYED TO LAURA C. STICH AND KENNETH C, ROSS, BY
DEED OF RECORD INT.C.C.D. 2006070133 OF THE O.P R.T.C.T. SAID 0,373 ACRE EASEMENT BEING MORE
PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH YELLOW CAP(ILLEGIBLE) FOUND, IN THE SOUTHWEST MARGIN OF LIME CREEK
ROAD(R.O.W.WIDTH VARIES), MARKING THE NORTH CORNER OF SAID LOT 5 AND THE HEREIN DESCRIBED EASEMENT
AND THE EAST CORNER OF LOT 6, BLOCK"A",OF SAID GATE HOLLOW ESTATES ADDITION;
THENCE S 22031'16" E—1413.77'WITH THE SOUTHWEST MARGIN OF LIME CREEK ROAD,ALONG THE NORTHEAST LINE
OF SAID LOT 5, TO A 1/2" IRON ROD FOUND MARKING AN ANGLE POINT IN THE NORTHEAST LINE OF SAID LOT 5;
THENCE S 28*05'09" E—67.57'WITH THE SOUTHWEST MARGIN OF LIME CREEK ROAD,ALONG THE NORTHEAST LINE OF
SAID LOT 5,TO A 1/2" IRON ROD WITH CAP STAMPED"CS LTD"FOUND MARKING THE EAST CORNER OF SAID LOT 5 AND
THE HEREIN DESCRIBED EASEMENT AND THE NORTH CORNER OF LOT 4, BLOCK"A"OF SAID GATE HOLLOW ESTATES
ADDITION;
THENCE S 4902910"W—100.00'WITI-I THE COMMON LINE BETWEEN SAID LOTS 4 AND 5, TO A POINT AT THE SOUTH
CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD WITH CAP STAMPED"CS LTD"FOUND
MARKING THE SOUTH CORNER OF SAID LOT 5 BEARS S 40*2910" E—339.72'1
THENCE N 2452'33"W—1172.92'CROSSING SAID LOT 5, TO A PONT IN THE COMMON LINE BETWEEN SAID LOTS 5 AND 6,
TO A POINT AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT FROM WHICH A 1/2" IRON ROD WITH CAP
STAMPED"CS LTD"FOUND FOR THE WEST CORNER OF SAID LOT 5 BEARS S 50'32'26"E—339.52'�
THENCE IN 50'32'26" E—100.00'WITH THE COMMON LINE BETWEEN SAID LOTS 5 AND 6, RETURNING TO THE POINT OF
BEGINNING AND CONTAINING 0.373 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL
LAND SURVEYOR, NO 4122 ON DECEMBER 20, 2019 BEARINGS CITED WITHIN THIS DESCRIPTNON ARE BASED ON TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83,TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM
OBSERVATIONS AND THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES.
SURVEYED: DECEMBER 13,2019
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PROD NO. 3-00619
PLAT NO.Al-1762 S
FIELD NOTE NO.022 TCE
MAP CHECKED: 04/210/2020-WCH
www.WalkerPartners.com
TPE Reg�strcfion No 8053 I Tk PLS Regis trc)fion No. 10194317
00619\3 Phose,2 Land RightsM SU(VCY\l Find Copies\Feld Notes\FN-22 ICESEN"F.docx
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SIJRVF-'VIORSNCTFS OF A 0.373 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED E
IN THE RUSE.TRANSPORTATION COMPANY SURVEY',ABSTRACT 601,
S,u�via,s!a L,4uf MalEr+13 SO V IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A LCT 5,BLOCK
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FIELD NOTES ATTACHED HERETO,MADE APART HEREOPAND T11LEM "A',OF THE GATE HOLLOW ESTATES ADDITION,OF'RECORD IN
TRAVIS COUNTY CLERKS DOCUMENT 200600049 OF THE OFFICIAL
0 373RUST Acne TEMPORARY COMPANY S DN EY,ABSTRACT
a CJCATED Ira Trap PUBLIC'RECORDS OF TRAM'S COUNTY,TEXAS'AND CONVEYED TO
n'usk vAANsrDNrAvnoN COMPANY sUwvew.AesTNACr so-r,IN TNr,w'as
COUNTY,TEXAS LAURA C.STICH AND KENNETH C.ROSS,BY DEED OF RECORD IN
PWM1.,.ffiERFOF2P)FD�1IHICAJ IHE�lEEHIr OFA VELE R THI,SEhJRVF.:'E"
TRAVIS COUNTY CLERK'S DOCUMENT'2006070133 OF THE OFFICIAL
H1E REPOM, PUBLIC RECORD OF TRAVIS COUNTY,TEXAS
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REVISION: o
T BP E,Regsatralcr.No.8053
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_._..........__.. ___ EXHIBIT
P,)RV x RSNOTESOF A 0.373 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED �
IN THE RUSK TRANSPORTATION COMPANY SURVEY,ABSTRACT 681,
LfTAYED CrI;EMF R I1 TUtE IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A LOT 5,BLOCK
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FIELD NOTES ATTACHED HERETO,MADE:APART HEREOF AND TITLED. "A',OF THE GATE HOLLOW ESTATES ADDITION,OF RECORD IN U..
TRAVIS COUNTY CLERK'S DOCUMENT 200600049 OF THE OFFICIAL
SACRE PTTCUMSTtUEASE NT LOCATED IN THE
RUSK TRANSPORTATION COMPANY SURVEY, BSTRACr61,I1NTRAVIS: PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS AND CONVEYED TO
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COUNTY,TEXAS LAURA C.STICH..AND KENNETH C.ROSS,BY DEED OF'RECORD iN o.
8"IiEtil)RVL ORLMl7N9l ABSTHAG"r IH t1HJEci TRAl I li'lISSLINVFY TRAVIS COUNTY CLERKS DOCUMENT 2006070133 OF THE OFFICIAL
WA,r9r''rRPI�Pa u n lla D��CI THE NINE 11 OF'ATNH F RFIIORT PUBLIC RECORD OF TRAVIS COUNTY,TEXAS
I IR0ORF HE:SURVEYQRC:I:RII Ii.,NEAT EASEvENTS THAI VIf HAS, Cy3
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