CM-2022-185 - 8/12/2022BCRUA Parcel90
CAUSE NO. C- l -C V-21-001073
CITY OF ROUND ROCK, TEXAS § CONDEMNATION PROCEEDING
Condemnor §
V. § IN THE PROBATE COURT OF
BRUCE A. BUNGS AND §
KATHRYN DEANN GUNGE, ET AL. §
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 an electric utility
easement as shown in Exhibit "A" attached hereto and incorporated herein for all purposes (the
"Easement") over and across approximately 0.133-acres (Parcel 90) 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 Original Petition, filed among the papers of this cause on or about March 3, 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, TEXAS, 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 Creek Regional Utility Authority
and its participating cities, and to perform associated public uses and purposes ("Project").
Defendant Mortgage Electronic Registration Systems, Inc. (MERS) has not appeared in
this litigation, is in default, and takes nothing from this judgment.
Defendant LoanDepot.com, LLC has not appeared in this litigation, is in default, and takes
nothing from this judgment.
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 and
any damages to any remaining property of Condemnees, that Condemnees shall recover from
Condemnor the total sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00). The
parties agree FIFTEEN THOUSAND ONE HUNDRED SEVENTY-ONE AND 00/100
DOLLARS ($15,171.00) was previously deposited within the registry of this Court, leaving a
balance due of FOUR THOUSAND EIGHT HUNDRED TWENTY-NINE AND 00/100
DOLLARS ($4,829.00), and the remaining balance must be paid by October 3, 2022, to avoid
paying interest.
It is further ORDERED that the Clerk of this Court be ordered to pay the sum of
$15,171.00, plus interest accrued, if any, to BRADY & HAMILTON, LLP, FBO Bruce A. Bunge
and Kathryn Deann Bunge (said check made payable to BRADY & HAMILTON, LLP, FBO
Bruce A. Bunge and Kathryn Deann Bunge, shall be sent to BRADY & HAMILTON, LLP, 1602
13" Street, Lubbock, Texas 79401, by certified mail, return receipt requested).
2.
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 12022.
JUDGE PRESIDING
[�l
PREPARED AMR APPROVED AS -TO SUBSTANCE AND FORM BY:
Ian W.
:e Bar ]
SHEETS & CROSSFIELD, P.L.L,C.
309 East Main Street
Round Rock, Texas 78664
Tel: 512.255-8877
Fax: 512.255-8986
A'rvoim-m FOIt CONDEMNOR
CITY or ROUND ROCK, TEXAS
ED AND AGREED AS TO SUBSTANCE AND FORM:
11renfNiVilton '
State Bar No. 00796696
brent�j2bh1awurouj2.com
John McClish
State Dar No. 13417000
jgIpI i�.bhlaw&rouy.com
BRADY & HAMILTON • WOMACK MCCLISH
805 E, 32°d Street, Suite 200
Austin, Texas 78705
Tel: 512.474-9875
Fax: 512.474-9894
ATTORNEYS ro[t CONDEMNEES
BRUC'L A. BUNGL•' ANu KATI IRYN DEANN BUNGL
The City of Round Rock, Texas
By: a — zz
Laurie Hadle , eity Manag Date
4,
CERTIFICATE OF SERVICE
1 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 July, 2022.
Is/Wan W. Shaunfield
Mylan W. Shaunfield
S.
EXHIBIT "A"
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That Bruce A. Bunge and Kathryn Deann Bunge for and in consideration of ONE DOLLAR ($1.00) in
hand paid by the City of Round Rock, Texas, has granted, sold, and conveyed and by these presents does
grant, sell, and convey unto CITY OF ROUND ROCK, TEXAS ("Grantee") an easement and right-of-
way as hereinafter described for the purpose of an electric distribution line consisting of variable number
of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other
materials, telephone and cable television wires, props, guys, and anchors) over, across and upon the
following described lands located in Williamson County, Texas, to -wit:
All of that certain 0.133 acre (5793.48 square foot) tract in the James Sylvester Survey, Abstract
No. 761, and in the Jose Antonio Ybarbo Survey, Abstract No. 840, Travis County, Texas; being
more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein.
With guying easements as needed, together with the right of ingress and egress over Grantor's adjacent
lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling,
hanging new wire on, maintaining and removing said lines and appurtenances; provided however the right
to use such adjacent lands shall only be permitted if there is no reasonably available access to the
easement area from a public right of way; the right to relocate the lines within the limits of said easement
and right-of-way; the right to remove from said lands all trees and parts thereof, or other obstructions
which endanger or may interfere with the efficiency of said lines or their appurtenances.
Grantor warrants that Grantor is the owner of said property and has the right to execute this easement.
TO HAVE AND TO HOLD the above described easement and rights unto Grantee and its successors and
assigns, until said easement and rights shall be relinquished. This easement may be assigned by Grantee.
Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever
defend all and singular the above described easement and rights unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS my hand this day of , 20,
[signature page follows]
Parcel 090 (Mirage)
GRANTOR:
oABre. B1a Date:
TIM STATE OF TEXAS ,
COUNTY OF UTi v
Kathryn Deann B ge Date: j5j-1qJ2-V---
BEFORE ME, the undersigned authority, on this day personally appeared TJI+ /� ib�,��/
1k,"
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the �Q`f
same for the purposes and consideration therein expressed. �fU!
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,20Z
YP''" HOPE A. BIBA
?r°' :n�Nolary Public, Slate of Texas
; bf Cz Comm. Expires 07-09-2022
Notary &inand �a,+n Notary ID 125640948
The State of Texas
THE STATE OF TEXAS ��q�
COUNTY OF �, ' ' ► !� rf(5' L
BEFORE ME, the undersigned authority, on this day personally appeared A(rt,�i
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged tl at they executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
a
Notary Public in and for
The State of Texas
MOPE A. BIBA
a.-* : :i Notary Public, State of texas
!"'.•'P� Comm. Expires 07-09-2022
Notary ID 125840948
Please Return to:
Cobb, Fendley & Associates, Inc. / Right of Way Department
505 E. Huntland Drive, Suite 100
Austin, TX 78752
Parcel 090 (Bunge)
EXHIBIT it BCRUA 090
BRUCE A. BUNGE AND KATHYN DEANN BUNGE
(gjSF aker Partners
gineers * surveyors
400 Austin Ave., Suite 20
Waco, Texas 76701
0.133 ACRE
ELECTRIC EASEMENT
LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761
AND THE JOSE ANTONIO SURVEY, ABSTRACT 840
TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 0.133 ACRE STRIP OF LAND LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 AND THE
JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.60 ACRE
TRACT DESCRIBED IN A DEED TO BRUCE A. BUNGE AND KATHRYN DEANN GUNGE, OF RECORD UNDER TRAVIS COUNTY
CLERK'S DOCUMENT (T.C.C.D.) 2007107478 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
(O.P.R.T.C.T.). SAID 0.133 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 112" IRON ROD FOUND IN THE FENCED SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE
NORTH CORNER OF SAID 4.60 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE EAST CORNER OF A
CALLED 4.369 ACRE TRACT DESCRIBED IN A DEED TO RICHARD SCROGGINS, OF RECORD UNDER T.C.C.D. 2010043937
OF SAID O.P.R.T.C.T.;
THENCE S 53"14'06" E—256.00' WITH THE NORTHEAST LINE OF SAID 4.60 ACRE TRACT, ALONG THE FENCED
SOUTHWEST MARGIN OF NAMELESS ROAD, TO A POINT AT THE EAST CORNER OF SAID 4.60 ACRE TRACT AND THE
HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A CALLED 10.836 ACRE TRACT DESCRIBED IN A DEED
TO STEVEN P. HUEMANN AND ANTONIA M. HUEMANN, OF RECORD UNDER T.C.C.D. 2002240427 OF SAID O.P.R.T.C.T.;
THENCE S 26"40'00" W - 55.80' W ITH THE COMMON LINT; BETWEEN SAID 4.60 ACRE TRACT AND SAID 10.836 ACRE
TRACT, TO A POINT FOR THE THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON
ROD FOUND MARKING THE SOUTH CORNER OF SAID 4.60 ACRE TRACT BEARS S 26"40'00" W - 766.33 ;
THENCE THROUGH THE INTERIOR OF SAID 4.60 ACRE TRACT, THE FOLLOWING FIVE (5) CALLS:
1) N 53°54'32" W-16.27' TO A POINT FOR CORNER,
2) N 36"05'28" E - 35.13' TO A POINT FOR CORNER,
3) N 53"14'06" W - 236.75' TO A POINT FOR CORNER,
4) S 37-12-46" W - 35.08' TO A POINT FOR CORNER,
5) N 52-47-14" W - 2.10' TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT- IN THE
COMMON LINE BETWEEN SAID 4.60 ACRE TRACT AND SAID 4.369 ACRE TRACT, FROM WHICH A 518" IRON ROD
FOUND MARKING THE WEST CORNER OF SAID 4.60 ACRE TRACT BEARS S 26'29'49" W - 721.86 .
THENCE N 26029'49" E - 55.96' W ITH THE COMMON LINE BETWEEN SAID 4.60 ACRE TRACT AND SAID 4.369 ACRE TRACT,
RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.133 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED
PROFESSIONAL LAND SURVEYOR, NO.4122.
BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON
ARE SURFACE VALUES.
SURVEYED: AUGUST 22, 2017
0 F rF
RELEASED: DECEMBER 20, 2017
�P+•GISTL�R•..�
.�
WARREN L. SIMPSON
WARREN L. SIM ON, R. .L. . 4
NO. 3-00619
.. own .r..r.ar @moms
4122
��fi'°�SSIQ�+•ya
PROJ
PLAT NO. Al-1359
Q *�rrr
S U jZv�
FIELD NOTE NO. 090
MAP CHECKED: 12/0112017-JBM
www.WalkerPariners.com
TBPE Registration No, 8053 1 T8PLS Registration No. 10032500
G:\Projects\3-00619\3 Phase 2 Land Rights\I Survey\t.5 Final Copies\Field Notes\FN 90.dacX
$CRUA 090
BRUCE A. BUNGS AND KATHRYN DBANN BUNGE
LEGEND
• =WW RONRODFOUNO a114e� iE�l.f t�11�)
{UNLESS OTHERWISE NOTED]
f 1=DEEDCALtS
P.R.T.CT. *PIATRECORDSTRAVIS `ti) wo olji"a, .iff: 'j:
COUNTY,IEXAS
T.C.CD. =TRAVIS COUNTY
CLERn WCUMENT APPROXi.'.IAIE,Q[A7JONOFSUR4EYLH4E
OPA.T.C.T. =OPFIGMPUBLIC RECORDS
TRAVIS COUNTY, TEXAS
=FASEMENTAREA
—X--
•WIRE FENCE
-4D-
UTILITY POLE
E--
= GIIY WIRE
—E—
•OVERHEADELECTRICLINE
—T—
=OVERHEADTELEPHONELl E
I0
=iELEPHONERISER
LINE TABLE
LINE
DIRECTION
ILENGTH,
41
32VWOD'W
65,W
L-2
NS31S4137W
i82r
L-3
N36'0S29'E
35,17
Li
SST'12'46-W
35m
L3
N 5214r14'w
2.10'
L,0
N26221T40'E
66,W
RICHARDSCROGGINS
CALLED 4MO ACRES
T.C.CD.2010043937
EXHIBIT O.P.&T.CT.
OF A 0333 ACRE ELECTRIC EASEMENT
LOCATED IN THE IAMB$ SYLVESTER SURVEY,
ABSTRACT 761 AND THE LOSE ANTONIO
SURVEY ABSTRACT 840 IN TRAVIS COUNTY,
TEXAS. BEING A PORTION OF A CALLED 4.60
ACRE TRACT DESCRIBED IN A DEED TO BRUCE
A. BUNGE AND XATHRYN DEANN BUNGE, OF
RECORD UNDER TRAVIS COUNTY CLERKS
DOCUMENT 2007107478 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
SURVEYORS NOTES:
SURVEYED:AUGU8T 22, 2017
RELEASE DATE: DECEMBER 20.2017
FELD NOTES ATTACHEO HERETO, MADE A PART HEREOF AND
TITLED:
0.133 ACRE ELECTRIC EASEMENT LOCATED IN THE JAMES
BYLVESTER SURVEY, ABSTRACT161 AND THE JOSEANTONIO
SURVEY ABSTRACT 040, TRAVIS COUNTY, TEXAS,
THE SURVEYOR DIONOTABSTPACTT14E SUBJECT TRACT. THIS
SURVEY WAS PERFORMEDVOTHOUT THE BENEFIT OFA TITLE
REPORT, THEREFORE THE SURVEYOR CERTMS THAT -�
EASEMENTS THAT HE HAS SEE NADVISEOOFHAVE BEEH
ADDRESSEDHEREON. HONEVER,TNESURVEYOR GOES NOT
OUARANIEETHATALLEASEMENTS.RESTRICRONSOR
ENCUMBRANCES (EITHER OF RECORD OR HOT OF RECORD)
WHICH MAY AFFECT THE SLNIJECY TRACT ARE SHOWN HEREON.
THE BEARINGS AND COORDINAIESSHOWN HEREON ARE BASED
UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NADA
CENTRAL ZONE ACQUIRED FROM GLOBAL pOSITIONONGSYSTEM
OBSERVATIONS.03TANCESSHOWNHEREON ARE SURFACE
VALUES.
1f1ARRENLSO4pSON, P1S.4122
h pRa1@wA6nvp4AANt.oarA
Q COPYRIGHT ALL RIGHTS RESERVED
FIELD NOTE
POINT OF BEGINNING
GRID COORDINATES
N'10N18B78.2V &303770549'
ro
�c�5 ROAD
1 IDTH Y
4tas�ia77�E
ROPE J
CONCRETE
DRIVE
0.133ACRE
EASEMENT
BRUCE A. BUNGS ANO
KATHRYN DEANN GUNGE
F CALLED4.60ACRES
T.C.CA.Z007107478
O.P,R,T.C.T.
II6r�1Ra4
LOT7S
WHITE RIM MOUNTAIN
SECTION TWO
VOLUME 94. PAGE 88-9A
P.R.T.CT.
Talker Partners
engineers * surveyors
500 Ann A amv. &At@ 20 • %V m, Trua 74101
Pbmy: 1454.7N.14026 r.B.a.@. R.Un-anw, Mdl057
TAYL 3. ReplSbalm Na 1003l500
/ LOT 74
/ WHITE RIM MOUNTAIN
I SECTIONTWO
VOLUME 84, PAGE 6B.9A
P.R.T,C.T,
3S3'0109'E
W % 104.67
Ss6onrr,j I
226M
STEVEN P. HUEMAHN AND n
ANTONIAM.HUEMANN
CALLED10,836ACRE8
T.C.CD.2002240127
OP.R.T.C.L
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IRON
0 50 100 2
GRAPI NC SC,ALS TN r-E6'f
PLAT NO, Al 1359 PRO]. NO. 34O619 DRAFTED
TAB NA F/N NO. 09G I.7]/PG 3 3 52 D]tA\VN
D1YVG. NAME, 3-0061%ff PARCEL ON - MAP CHK'D
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City of Round Rock
P"
JTeR.USDUND
ROCK
Agenda Item Summary
Title: Consider execution of an Agreed Judgment with Bruce A. Bunge and Kathryn
Deann Bunge for acquisition of a 0.133 acre electric utility easement required for
the BCRUA Phase 2 Raw Water Delivery Project (Parcel 90).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/12/2022
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $4,829.00
Indexes: Regional Water Fund
Attachments: BUNGE(90)--Agreed Final Judgment for electric easement- BCRUA2 (signed by
attorneys 8.4.22), Project Parcel Map Bunge(90)
Department: Utilities & Environmental Services
Text of Legislative File CM-2022-185
The Brushy Creek Regional Utility Authority (BCRUA) is in the process of acquiring easements necessary for
the construction of an electrical line that is required in order to provide power to the future pump station
for the Phase 2 Deep Water Intake project.
The City previously approved an Easement Condemnation for the acquisition of a 0.133 acre tract from the
Bunge's in October 2020. Through ongoing negotiations, the property owners and the BCRUA Operations
Committee and General Manager have agreed on a payment of $20,000.
The City has deposited an award amount of $15,171 from the previous condemnation suit, leaving a
current pending final payment balance of $4,829.
Cost: $4,829
Source of Funds: Regional Water Fund
City of Round Rock Page 1 of i