Contract - John Paul, Populuar Bank, Quaker City Bank - 9/22/2022Kenney Ft. Blvd. —Parcel 6
CAUSE NO. 18-2068-CCI
CITY OF ROUND ROCK, TEXAS §
Condemnor §
V. §
JOHN N. PAUL, SOCA FUNDING, LLC., §
and POPULAR BANK f/k/a QUAKER §
CITY BANK §
Condemnees §
IN THE COUNTY COURT AT LAW
NUMBER ONE OF
WILLIAMSON COUNTY, TEXAS
AGREED FINAL JUDGMENT
The parties to this lawsuit have agreed to compromise and settle the issues in this lawsuit
and request the entry of this Agreed Final Judgment by the Court. It appears to the Court that it
has jurisdiction of this matter, and that the parties executing this document below have agreed to
all of the provisions contained within this Judgment and desire to resolve this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that fee title in and to
approximately 1.93 acres (Parcel 6) of land in Williamson County, Texas, said property being
more particularly described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "R.O.W. Property"), and as further described in
Plaintiff's Original Petition, filed among the papers of this cause on or about December 19, 2018,
and any amendments thereto; 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 mining of the same, and a writ of possession for such purposes, be
vested in the CITY OF ROUND ROCK, TEXAS and its assigns for the purpose of
Paul (6) - Draft Agreed Judgment - (MWS 8.15.22) 4879-9557-6878 v.2/MWS
JZ- 207-z- 3 (3
constructing, reconstructing, realigning, widening and/or maintaining improvements to the
Kenney Ft. Blvd. roadway project, and to perform associated public use and purposes; and
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 by and between the parties named
herein, including both the property to be acquired and any damages to any remaining property,
that Condemnees shall recover from Condemnor the total sum of ONE HUNDRED THIRTY
THOUSAND and 00/100 Dollars ($130,000.00) for acquisition of the R.O.W. Property. The
parties agree NINETY-TWO THOUSAND FOUR HUNDRED SEVENTY-EIGHT AND
00/100 ($92,478.00) was previously deposited within the registry of this Court, leaving a
remaining balance due of THIRTY-SEVEN THOUSAND FIVE HUNDRED TWENTY-TWO
($37,522.00), and the remaining balance must be deposited within the registry of this Court by
October 15, 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 of Court be assessed against the Condemnor.
This Judgment is intended by the parties to fully and finally dispose of all claims, parties,
and issues in this lawsuit.
SIGNED this day of , 20
Presiding Judge
PJ
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
M aunfield
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)
Mylane,,scrrlaw.com
Attorneys for Condemnor
APPROVED AND AGREED:
CITY OF SOUND ROCK, TEXAS
In
Craig
AGREED AS TO SUBSTANCE AND FORM:
/s/ Erik L. Cardinell
The Law Offices of Erik L. Cardinell
9600 Great Hills Trail, Suite 150W
Austin, Texas 78759
Tel: (512) 231-2233
Email: erikcardinelllaw@outlook.com
Attorney for Condemnee John Paul
EXHIBIT "A"
PARCEL 6
Variable Width Right -of -Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
1.93 ACRE TRACT OF LAND OUT OF THE
JOHN N. PAUL TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 1.93 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 11.12 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO JOHN N.
PAUL AND RECORDED IN DOCUMENT NO. 9867726 OF THE OFFICIAL PUBLIC
RECORDS OF SAID COUNTY; SAID 1.93 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found for the southwest corner of said 11.12 acre tract, being
on the east line of called 41.153 acre tract of land as described in a deed to the State of Texas
and recorded as Parcel No. 2, Part 6 in Volume 1970, Page 515 of the Official Records of said
County, for the southwest corner and POINT OF BEGINNING hereof;
THENCE with the common west line of said 11.12 acre tract and the east line of said
41.153 acre tract, with the arc of a curve to the left, having a radius of 2,982.29 feet, an arc
length of 336.78 feet, a central angle of 0060 28' 13", and a chord which bears, North 28' 11'
28" West, a distance of 336.60 feet to a 1/2-inch iron rod found for the south corner of a called
147.076 acre tract of land as described in a deed to Round Rock Real Estate Investments, Ltd.
and recorded as Tract 3 in Volume 2418, Page 51 of the Official Records of said County, for an
angle point hereof;
THENCE with the common west line said 11.12 acre tract and the east line of said 147.076 acre
tract, the following two (2) courses and distances:
1) North 30' 10' 24" East, a distance of 5.10 feet to a 1/2-inch iron rod found for an angle
point hereof, and
2) North 010 41' 52" West, a distance of 145.55 feet to a 1/2-inch iron rod found for the
common northwest corner of said 11.12 acre tract and the southwest corner of a called
10.785 acre tract of land as described in a deed to Brian James Graver and Sheila Joy
Offutt and recorded in Document No. 2004060159 of the Official Public Records of said
County, for the northwest corner hereof;
THENCE with the common north line said 11.12 acre tract and the south line of said
10.785 acre tract, North 87' 49' 23" East, a distance of 151.23 feet to a 1/2-inch iron rod with
aluminum cap stamped "C.O.R.R. R.O.W." set for the northeast corner hereof;
Page 1 of 3
THENCE through the interior of said 11.12 acre tract, the following two (2) courses and
distances:
1) with the arc of a curve to the left, having a radius of 2,922.00 feet, an arc length of
348.41 feet, a central angle of 0060 49' 54", and a chord which bears, South 200 19' 18"
East, a distance of 348.20 feet to a calculated point for a point of tangency hereof, and
2) South 23' 57' 12" East, a distance of 179.93 feet to a 1/2-inch iron rod found on the south
line of said 11.12 acre tract, for the common northwest corners of Lot 48 and Lot 49,
Block A, Rolling Ridge Section 1-B, a subdivision recorded in Cabinet L, Slides 394 — 395 of
the Plat Records of said County, for the southeast corner hereof;
THENCE with the south line of said 11.12 acre tract, the following three (3) courses and
distances:
1) South 88' 03' 28" West, a distance of 33.99 feet to a calculated point for an angle point
hereof,
2) North 89' 22' 01" West, a distance of 16.91 feet to a calculated point for an angle point
hereof,
3) North 73' 28' 07" West, a distance of 139.21 feet to the POINT OF BEGINNING and
containing 1.93 acres of land and based on the survey and exhibit drawing made by CP&Y,
Inc.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate System
NAD '83 (HARN '83), which is based on Leica's Central Texas GPS Cooperative CORS RTK
Network.
Surveyed in the field during January and February, 2018.
y Q
faL. Olen, R.P.. No. 589 MART
CP&Y, Inc.
One Chisholm Trail, Suite 130 `t' '
k
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
Project No. 1500603
G:\PROJECTS\1500603R - Kenney Fort Blvd. Extension\METES AND B0UNDS\1500603R PARCEL 6.doc
Page 2 of 3
EXHIBIT "A"
PARCEL 6
(VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 1.93 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP
FOREST CREEK
z
J
o
0
SITE
o
GATTIS SCHOOL RD.
m
0
0
S.H. 4S
ROUND ROCK
CALLED 147.076 ACRES
ROUND ROCK
REAL ESTATE
INVESTMENTS, LTD.
TRACT 3
OL. 2418, PAGE 51
DETAIL�VO.R.W.C.T.
WI
L
\ JI
U
LINE TABLE
LINE
BEARING
LENGTH
L-1
N 30"0'24" E
5.10'
L-2
N 01'41'52" W
145.55'
(L-1)
(N 33-12-47" E)
(5.04')
(L-2)
(N 00-44-23" E)
(145.74')
LEGEND
= 1/2" IRON ROD FOUND
11
P. A. HOLDER SURVEY
ABSTRACT NO. 297
CALLED 10.785 ACRES
BRIAN JAMES GRAVER AND
SHEILA JOY OFFUTT
DOC. NO. 2004060159
0.P.R.W.C.T.
N 87'49'23" E
151.23' s _ TRACT LINE
SEE DETAIL
UPPER LEFT
0 = 1/2 IRON ROD WITH ALUMINUM R=2,982,29'
CAP STAMPED "C.O.R.R. R.O.W." SET L=336.78'
0 = CALCULATED POINT A=006'28'13
P.R.W.C.T. = PLAT RECORDS WILLIAMSON CD=336.60'
COUNTY, TEXAS CB=N 28'11'28" W
O.R.W.C.T. = OFFICIAL RECORDS (N 25'53'23"w - 337.40')
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS
FIELD NOTE
POINT OF
BEGINNING
GENERAL NOTES: N 73'28'07" W - 139.21' /
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. (N 71'14'18"W — 138.72')
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS N 89'22'Dl" W 16.91
AND CONDITIONS THAT MAY BE APPLICABLE. (N 87'08'12" W — 16.91')
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. S 88'03'28" W — 33.99'
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE (N 89-43' W)
COORDINATE SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'S
CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK.
SCALE: 1 " = 150'
R=2,922.00'
L=348.41'
A=006'49'54"
CD=348.20'
CB=S 20'19'18" E
C p
8y] J--� 1 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F•1741
TBPLS10194125
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNtPKEPI�Er AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASE ETS THEREQUIREMENTS FOR
LAND SURVEYS IN THE STATE OF TEXAS. s
CALLED 11.12 ACRES
JOHN N. PAUL
DOCUMENT NO. 9867726
0.P.R.W.C.T.
N BLOCK A
ROLLING RIDGE
do �� SECTION 1—B
0CAB. L,
/ SLIDES 394-395
F P.R.W.C.T.
TRACT LINE
LOT 49
N,
� LOT 48 \
rJAN
VEYED DURING: ! UARY AND FEBRUARY, 2018 R$A ETA. NOLEN, R.P.L.S. NO. 5589 3 OF 3
0 150' 300' PLAT NO. A-5127 DRAFT DATE 03/09/201B DRAWN BY MAN
ALE WORK ORDER NO.1500603 FIELDBOOK 303 TAB # A-5127
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 6 F/N # 1500603R PARCEL 6