CM-2023-080 - 4/14/2023Kenney Ft. Blvd. —Parcel 5
CAUSE NO. 18-1932-CC4
CITY OF ROUND ROCK, TEXAS § IN THE COUNTY COURT AT LAW
Condemnor §
V. § NUMBER FOUR OF
BRIAN JAMES GRAVER, SHEILA JOY §
OFFUTT §
Condemnees § 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 1.08 acre (Parcel 5) 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 First Amended Original Petition, filed among the papers of this cause on or about
February 19, 2019, 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
0_ 2-b2-3--0 • O
of 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 NINETY-ONE THOUSAND
and 00.1100 Dollars ($91,000.00).
The parties agree FIFTY-TWO THOUSAND FIVE HUNDRED SIXTY-FIVE and
M 100 ($52,565.00) was previously deposited within the registry of this Court, leaving a
remaining balance due of THIRTY-EIGHT THOUSAND FOUR HUNDRED THIRTY-FIVE
and 00/10_0Dollars ($38,435.00), which remaining balance shall be deposited within the registry
of this court or payable to Condemnees or their attorneys as directed within forty-five (45) days
following final entry of this Agreed Final Judgment 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 , 2023.
Judge Presiding
2
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
Isl Mylan W. Shaunfield
Mylan W. Shaunfield
State Bar No. 24090680
mylannscrrlaw.com
Don Childs
State Bar No. 00795056
don@scrrlaw.com
SHEETS & CROSSFIELD, P.L.L.C.
309 East Main Street
Round Rock, Texas 78664
512.255.8877
512.255.8986 (fax)
Attorneys for Condemnor
APPROVED AND AGREED:
CITY OF ROUND ROCK, TEXAS
AGREED AS TO SUBSTANCE AND FORM:
Isl Erik L. Cardinell (with permission)
The Law Offices of Erik L. Cardinell
9600 Great Hills Trail, Suite 150W
Austin, Texas 78759
Tel: (512) 231-2233
Email: erikcardinelllaw�,d outlook.coni
Attorney for Condemnees
EXHIBIT "A"
PARCELS
Variable Width Right -of -Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
1.08 ACRE TRACT OF LAND OUT OF THE
BRIAN JAMES GRAVER AND SHEILA JOY OFFUTT TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 1.08 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; BEING A PORTION 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; SAID
1.08 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 60d nail in fence post marked "SURVEY MARK LANDESIGN° found for the
common northwest corner of said 10.785 acre tract and the southwest corner Lot 86, Block A,
The Preserve at Dyer Creek Final Plat Phase One, a subdivision recorded in Cabinet DD,
Slides 274 -- 276 of the Plat Records of said County, being on the east line 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 the
northwest corner and POINT OF BEGINNING hereof;
THENCE with the common north line said 10.785 acre tract and the south line of said Lot 86,
North 87" 41' 05" East, a distance of 65.00 feet to a 1/2-inch iron rod with yellow cap stamped
"RJ SURVEYING" found for the common southeast corner of said Lot 86 and the southwest
corner of Lot 28, Block A, of said The Preserve at Dyer Creek Final Plat Phase One, for the
northeast corner hereof;
THENCE through the interior of said 10.785 acre tract, with the arc of a curve to the left, having
a radius of 2,922.00 feet, an arc length of 468.75 feet, a central angle of 009° 1 V 29", and a
chord which bears, South 12° 18' 36" East, a distance of 468.24 feet to a 1/2-inch iron rod with
Page] of 3
aluminum cap stamped "C.O.R.R. R.O.W." set on the common south line of said 10.785 acre
tract and the north line of a called 11.12 acre tract of land and recorded in Document
No. 9867726 of the Official Public Records of said County, for the southeast corder hereof;
THENCE with the common south line of said 10.785 acre tract and the north line of said
11.12 acre tract, South 870 49' 23" West, a distance of 151.23 feet to a 1/2-inch iron rod found
for the common southwest corner of said 10.785 acre tract and the northwest corner of said
11.12 acre tract, being on the east line of said 147,076 acre tract, for the southwest corner
hereof;
THENCE with the common west line of said 10.785 acre tract and the east line of said
147.076 acre tract, North 01° 41' 52" West, a distance of 460.80 feet to the POINT OF
BEGINNING and containing 1.08 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 dur' January and February, 2018.
ON
are# A. Nolen, R.P.L.S. No. 5589 MARGAOf:TA, NOLF
CP&Y, Inc. -gSly
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
Project No. 1500603
G:IPROJECTS11500603R - Kenney Fort Blvd. ExtensionlMETES AND BOUNDS11500603R PARCEL 5.doc
Page 2 of 3
EXHIBIT "A"
PARCEL 5
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 1.08 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP
FOREST CREEK
7j
CC
o
ar SITE
r:GATrIS
m
Ix
SCHOOL RD.
m
D
g
S'R 45
ROUND ROCK
LINE TABLE
LINE
BEARING
LENGTH
L-1
N 87'41'05" E
65.00'
LEGEND
P. A. HOLDER SURVEY
ABSTRACT
NO,
297
BLOCK A
THE PRESERVE AT DYER CREEK
��
SCALE: 1 = 150
FINAL PLAT PHASE ONE
z
z CAB. DID, SL. 274-276
P.R.W.C.T.
�I
00
6
NOTE
/FIELD
POINT OF I
o
BEGINNING
'
�
LOT 29
CALLED 147.076 ACRES
L-1
_ .---
ROUND ROCK REAL ESTATE
TRACT LINE
INVESTMENTS, LTD.
TRACT 3
VOL. 2418, PAGE 51
VARIABLE WIDTH
O.R.W.C.T.
RIGHT—OF—WAY ACQUISITION
1.08 ACRES
• = 1/2" IRON ROD FOUND
co
p 1/2" IRON ROD WITH YELLOW CAP
Q� d
STAMPED "RJ SURVEYING" FOUND
A = 60d NAIL IN FENCE POST MARKED
I
"SURVEY MARK LANDESIGN" FOUND
w 3
0 = 1/2" IRON ROD WITH ALUMINUM CAP
N iy
STAMPED "C,O.R.R, R,O.W." SET
v
R-O.W. = RIGHT—OF—WAY
00
P,R.W.C,T, = PLAT RECORDS WILLIAMSON COUNTY,
z
TEXAS
O.R.W,C.T. = OFFICIAL RECORDS WILLIAMSON
COUNTY, TEXAS
O.P.R-W.C.T. = OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS
GENERAL NOTES:
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS,
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE.
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCR PTION.
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL, STATE PLANE
COORDINATE SYSTEM MAD '83 (HARM '93), WHICH IS BASED ON LEICA'S
CENTRAL TEXAS CPS COOPERATIVE CORS RTK NETWORK.
R=2,922.00'
L= 468.75'
A=009'11'29"
CD=468.24'
CBS 12'18'36" E
?-A
1 a
7rn
S 87'49'23" W
151.23'
CALLED 10.785 ACRES
BRIAN JAMES GRAVER AND
SHEILA JOY OFFUTT
DOC. NO. 2004060159
O.P.R.W,C.T.
TRACT LINE
W
I CALLED 11.12 ACRES
l JOHN N. PAUL
DOCUMENT NO. 9867726
' O.P,R.W.C.T,
1 Chisholm Trail, Suite 130, Round Rack Texas 78681 512.248.0065 �+On,,�, r '
TEXAS REGISTERED ENGINEERING FIRM f -1741 �1 r ry7a
TOPLS10194125C P&yj
,F. , ,....1.
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNO AND BELIEF THAT'°,+•?
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED �mgREQUIREMENTS FOR q F.S,3�A�,'�U
LAND SURVEYS IN THE STATE OF TEXAS. +ty:w,..�`
SURVEYED DURING: r'
JANUARY AND FEBRUARY, 201$ MARGARET A. NOLEN, R.P.L.S. NO. 5589 3 OF 3
i 0 150, 300' PLAT NO. A-5126 DRAFT DATE _03/08/20`18 DRAWN BY ^A_
SCALE WORK ORDER NO. 1500603 FIELDBOOK 303 TAB # A-5126
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1 500603R PARCEL 5 F/N # 1500603R PARCEL 5
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City of Round Rock
JR.OUND ROCK
xas Agenda Item Summary
Agenda Number:
Title: Consider execution of an Agreed Final Judgment with Brian Graver and Sheila
Offutt for acquisition of 1.08 acre parcel required for construction of Kenney Fort
Boulevard.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/14/2023
Dept Director: Gary Hudder, Transportation Director
Cost: $38,435.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF - Agreed Final Judgment for $91K - Graver (5); Kenney Fort Blvd, GRAVER(5)-
-Agreed Final Judgment ($91K)--Kenney Fort (signed by attys DC 4.5.23),
GRAVERS) --property location + improvement photo background (DC 4.10.23)
Department: Transportation
Text of Legislative File CM-2023-080
The City's original purchase offer for this acquisition was +-$54,000 ($45K for land + $8,900 for
improvements). The owners did not attend the condemnation hearing, and an award was entered for the
amount of the City's value. The owner's objected and negotiations have continued. The proposed Agreed
Final Judgment value of $91K was reviewed with and recommended by the Transportation Director, and is
consistent with the settlement value range of completed adjacent parcels.
Cost. $38,435.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round Rock page 1 of 1