R-2022-395 - 12/1/2022 RESOLUTION NO. R-2022-395
WHEREAS, the City of Round Rock used its eminent domain authority and initiated a
condemnation suit for the acquisition of certain property from RRHI, Inc. and Edmond Investment
Group, Inc., ("RRHI, Inc., et al."), with such property to be used for construction of the Chisholm Trail
Road Right Turn Lane project; and
WHEREAS, the City and RRHI, Inc., et al. have now agreed to enter an uncontested
compensation award in condemnation suit Cause No. 22-1300-CC2 for the property to be acquired for
construction of the Chisholm Trail Road Right Turn Lane project; and
WHEREAS, in order to set forth the specific terms and procedures for entry of the uncontested
compensation award the City and RRHI, Inc., et al. wish to enter into a Rule 11 and Settlement
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Rule 11 and
Settlement Agreement with RRHI, Inc., et al., a copy of same 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 upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 1 st day of December, 2022.
0112.20222;4854-2182-3039
CRAI MOR AN, Mayor
City Roun ock, Texas
ATTEST:
ofj
M AI AN S K CS-JAI ty Clerk
2
EXHIBIT
„A„
Sheets & Crossfield, L.L.C.
ATTORNEYS AT LAW
309 East Main Street.Round Rock,TX 78664-5246
Phone 512-255-8877.fax 512-255-8986
November 9, 2022
RULE 11 AND SETTLEMENT AGREEMENT
Via e-mail to choudhry@hiroundrock.com
Re: Cause No. 22-1300-CC2
City of Round Rock, Texas v. RRHI, Inc. and Edmond Investment Group, Inc.
Dear Mr. Choudhry:
This letter will constitute a Rule l I and Settlement Agreement ("Agreement")
between the City of Round Rock, Texas ("City"), RRHI, Inc. ("RRHI"), and Edmond
Investment Group, Inc. ("Edmond"). RRHI and Edmond are collectively referred to as
"Defendants" in this Rule 11 agreement. This agreement is pursuant to the Texas Rules
of Civil Procedure in connection with the above-captioned case and the property to be
acquired as part of the Chisholm Trail Right Turn Lane construction project. The terms
of this agreement are as follows:
1. City agrees to pay, and Defendants agree to collectively accept the sum of
$58,890.00 for acquisition of the 0.090 acre fee simple right of way tract
(Parcel 2) sought to be acquired in this condemnation suit as set out in
Plaintiff's Original Petition and any amendments on file in this cause. The
$58,890.00 settlement payment includes compensation for the fee simple
acquisition, any improvements contained within the right of way parcel
area which are not retained by Defendants, and any damages to or costs
for reconfiguration of the remaining property of Defendants. The parties
agree that an Agreed Special Commissioners Award in this amount shall
be entered by the commissioners at a hearing currently scheduled for
November 10, 2022.
2. City agrees it shall deposit $58,890.00 within the court's registry in
satisfaction of the Agreed Special Commissioners Award as set out herein
within thirty(30) days after entry of the Award.
3. It is agreed that no party will file objections to the Award of Special
Commissioners in this cause so long as City Council approves this
agreement on December 1, 2022.
00438184.docrmws
If this letter sets forth the terms of our Rule I agreement and the settlement
reached between the City and Defendants, please so indicate by executing this letter in
the space indicated below.
Respectfully,
/s/Mylan W.Shaunfield
Mylan W. Shaunfield
Sheets &Crossfield, P.L.L.C.
Attorneys for City of Round Rock
AGREED AND ACCEPTED:
EDMOND INVESTMENT GROUP, INC.
By:
Name: �MMti49 �'t'! r`l
Its: re Si(Jllr��
RRHI, INC.
By:
Name: ly"Noft .rY�+fl�
Its: r'^ ��
City of Round Rock
By:
Laurie Hadley
City Manager
Date:
2
PARCEL 2 EDMOND INVESTMENT GROUP, INC. VALUATION ANALYSIS
VALUATION AND HIGHEST AND BEST USE OF THE ACQUISITION
Chisholm Trail Rd.
a c lift '4!
;r±R
;d t
Acquisition area
do
r
Old Settlers Blvd. 1�
FEE ACQUISITION
Source: City of Round Rock
Economic Unit (blue): +-2.30 ac
Acquisition (green): +-0.090 ac
Hornsby and Company 46
PARCEL 2 EDMOND INVESTMENT GROUP, INC. VALUATION ANALYSIS
PTA- MANY
NUMBER I DELTA RADIUS LENGTH CHORD CHORD BFARING
CI O3.34'Sy' 133324' 81.22' 63.21' S79.OS'00"W
(CI) (03.35'O (1333 24') 1 (05 581 1 (BS-3T') (S79•12'13'W)
REP-A' OF A
Lot CALCASIEU LUMBER ADDITION '
CAB P. 5LD.I6-11 -
PRWC.T.
LEGEND -
�n IRON ROD WITH PLAS7IC CAL' - N
51 AMPF 13'HAKF R-AICKLEN'FND - - R�
() IRON ROD WITI1 ALUMINUM LAP - HOPPF CENTRE o
STAMPtD'HOW 4y33"SIFT CAR OR.SLD 190-IT 1y I 1
1/2,IRDh win FOUND P R.W.C..T z I A
s
X X CUT ON S DLWALK POUND I,; 13
C6LC61 A IF I:POINT u R vE
�lfT2RY '' Y�' PROPERTY LNE t 3O o
P.O R. POINT OI @EGiNVIN f, 0AV1�'RA N° r
( I RECORD INF ORMA TtON AD5 (� Q
P.R.*C T. PI,AT RECORDS Q
WILLIAMSON COUNTY, TEXAS
O.P.R W C T OFFICIAL PUBLIC RECORDS 0-0���9a AC
WILLIAMSON COUNTY. TEXAS 3,976 SO.FT.
LINE BREAK
EUMONUINVESTMENT10
GROUP,INC. v�a J D'
NO _ DIRECTION DISTANCE ` DOC.NO.2011042706 p1 v� O
O.P R W.C.T b 0 0 =O
I S40.02'50"W 29.58' 1 O U V)CA
�2 N00.44'23"W 651.31'
L3 540.021501W ?2.51' I U
IL41 (540•!0'S3'W) _ S5T9o' 1 1 LOT 2 o I
1 OLOCK'A" ;
LOTI
1
BLOCK"A" ,y %FR ILAT
4_L B�AHING5 bHfIWN HEREON ARE BASED
a•1 GRITI KF ARING ALL DISTANCES ARE SURFACE ` 10 GAS CASEMENT
I IlsTANGTS.COORDINATES ARE GRID VALUES RASED VDT rsq.PG.$?%
ON THE TEXAS STATE PLANE LOORUINATE SYSTEM, I U.R.W.:.T. f
CENTRAL ZONE Nr,.4703.NAO 83 2S'WATER B
2; THUSSVHVEY WAS PER70AMED WITHOV EA6ENENi T BENFFII IWA57EWILNT Is s1OEWALx
J gd P.O.B.
nF A I,';F A65TRACT THERE MAY BE OTHER PER PLAT EASEMENT
IhSTR.IMFNTB OF REGARD THAT AFFECT THIS TRACT PER PLAT __/_ GPoO CCCRDINP.-
N0T DEPICTEO HLREON o _.� N=3 27,ni R IO
HEREBY CERTIFY THAT THIS PI AT IS TRUE AND
CORRECT AND IHAT THE PROPERTY SHOWN HEREON - CI
WAS OF IF HMINF.08Y A SURVEY M60E ON THE i (GA '� �i,•�1'
f,Homili VH MY DIRECT SUPERVISION,
dAkIHN
OF
MSOAL DAIS r ;T OLD SETTLERS BOULEVARD
1.l:i'STEREO PROFESSIONAL LAND SLIRVFYCR NO 4933 ww �12D' R.O.W. WILTH)
. - SCO STATE LAN?SURVEYOR Y M�9i1EF119411111�f.B(A
f GE GJL VC It 0 4813
I iA1 RE6ISINLIIUN N.J.100 5 91-00 '1fq p'F�
1194 CIRSI10LN TRAIL ROAD.SU'E IDA
ROJND ROCK,TEXAS /@691
PARCEL PLAT 5 G PROPERI Y DF
rFOL7E"I It.. EDMOND INVESTMENT GROUP, INC. PARCEL. 2
o,:""�"n::gym•,•• -ROJCCT
WIII IAM40N COUNTY r
uicr;c iu I J �' C ::H1SI+OLM TRAIL F,',!:L _
IIL�J - -
7 SURVEY
Hornsby and Company 47