R-2022-164 - 5/12/2022 RE.SOLUTION NO. R-2022-164
WHEREAS, the City Of Round Rock Used its eminent domain authority and initiated a
condemnation suit for the acquisition of certain property from Wilbur F.,'ugene McCollico, et at..
("McConico"), wvith such property to be used for development of the dowvnLmvn parkland pr-oject: and
WHEREAS, the City and McConico have now agreed to enter in uncontested compensation
award in condemnation suit Cause No. 21-1925-CC3 for (lie property to be acquired for development
of the do\vntown parkland proliect; and
W11EREAS, in order to set forth the specific terms and PI-OCedUrCl, for entry Oftk Uncontested
compensation award the City and McConico wish to enter into a Rule I I Condemnation Settlement
Agreement.
NOW TUILRLFORE, 13E IT RESOLVED BY THE COUNCIL OF "I HE CITY OF
ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute oil behalf' of" the City a Rule I I
Condemnation Settlement Agreement with Wilbur I'""Llgene McConico, et al., a cop), of same being
attached hereto as 1�xhibit "A" and incorporated herein for all purposes.
The (-,'ity Council hereby finds and declares that written notice of (lie date, 1101.11', 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 (lie subject matter
hercol'were discussed, considered and formally acted Upon, all as required by the Open Meetings Act,
Ch,apter 55 1, 1'exa.s, Government Code, as amended.
RESOLVED this 12th day of May, 2022.
01 B21 N)222,4598 013N-8622
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ATTEST;
MEAGAN Sly b ,S-, Cit Clerk
EXHIBIT
"A"
Sheets & Crossfield, PCLC
ATTORNEYS AT LAW
30 East Main Street . Round Rock,TX 78664-5246
Phone 512,738-8'132(W - fax 512 255 9996
inylan@Sculaw com
April 18, 2022
RULE I I CONDEMNATION SETTLEMENTAGREE M ENT
Via e-mail odder a barronadler.com and ork,a barronadler.com
Christopher Oddo and Andrew York
Barron, Adler, Clough & Oddo, LLP
808 Nueces St.
Austin,Tx 78701
Re: CORR Downtown Park-
Cause No. 21--1925-CC3, COR R v. AkConico, al al.
Dear Mr. Oddo and Mr, York:
Please allow this letter to constitute a Rule 11 Settlement Agreement between
City of Round Rock, Texas ("City") and the N/IcConicos ("your clients"') in connection
with the project identified herein and the fee simple interest to be acquired as part of the
City's downtown park plans. The terms of this Agreement and the settlement reached are
as follows'
I Both parties agree to recess and reset the special commissioner hearing
currently set on April 18, 2,022 until Ma'yqZ,
so the City Council can consider this settlement agreement at their
meeting set on May 12, 2022,
2. Subject to City Council approval, City, agrees to pay, and your clients
agree to accept, the total sum of One Million Three Hundred 'rhousand
and No/100 Dollars (��300 0�0O in compensation to the Condemnees in
the above referenced lawSUit for the acquisition of 6.12 acres sought to be
acquired, with such location and acquisition as further described in City's
current pleadings on file in this case.
If City Council approves this agreement, the parties agree that an Agreed
Special Commissioners Award in this amount shall be ciatered by the
appointed commissioners at the hearing recessed to
MCCONIC0 Draft Rule I I(MWS 4-18-22)
3. It is agreed that neither City nor your clients will file objections to the
Award of Special Commissioners in this cause so long as the City Council
approves the$1,300,000 settlement arnount on May 12, 2021
4. City agrees to consider naming all or a portion of the above referenced
property or facilities after the McConicos,
5, Subject to City Council approval of this agreement, City agrees to deposit
$1,300,000, within 30 days of the court signed Award of Special
commissi oilers.
If this letter correctly sets forth the terms of our Rule I I agreement and the
settlement reached between the City and your clients, please so indicate by having the
appropriate person execute this letter in the space indicated below on behalf of the
property owners,
Very truly y0'pr5'
Mylan W, Shaunfield
Sheets & Crossfield, PLLC
Attorneys for City
AGREED AND ACCEPTED:
— 6ver
Barron, AL- °lough & Oddo, LLP
808 Nueces St.
Austin, Tx 78701
Date:--�m I!
AGREED AND ACCEPTED*
ROUND ROCK, TEXAS
By:.
Craig Morgan
Mayor
Date:_____
2
AGREED AND ACCEPTED:
GEORGE'roWN, TEXAS
By:..... ......
Wendi Lester Efflandt
Attorney Ad Litcm
Date: April.19, 2022
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