CM-2023-284 - 12/1/2023ELECTRONICALLY RECORDED 2023099729
Williamson County, Texas Total Pages: 10
MENSFIT NUT-M93210-
STATE OF TEXAS §
§ Parcel No.: 16
COUNTY OF WILLIAMSON § Project: Red Bud South
This Possession and Use Agreement For Transportation Purposes (the "Agree rnent") between
CITY OF ROUND ROCK, TEXAS ("City" or "Grantee"), and RONALD R. WOYTEK AND SUSAN
L. WOYTEK (the "Grantor" whether one or more), grants to the City, its contractors, agents, and all
others deemed necessary by the City, an irrevocable right to possession and use of the Grantor's property
for the purpose of constructing a portion of the proposed Red Bud South roadway project and related
appurtenances, drainage, and utility relocations (the "Roadway Construction Project"). The property
9M
Exhibit "A" which is attached hereto and rnade a part of this Agreement by reference (the "Property").
I For the consideration paid by the City which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grant.,;, bargains, sells, and conveys to the City the
right of entry and exclusive possession and use of the Property for the purpose of constructing a
roadway, utility adjustments, and appurtenances thereto and the right to remove any improvements.
Authorized activities include surveying, inspection, environmental studies, archeological studies,
clearing, demolition, construction of permanent improvements, relocating, replacing, and improving
existing utility facilities, locating new utility facilities, and other work required to be performed in
connection with the Roadway Construction Project. This Possession and Use Agreement will extend
to the City, its contractors and assigns, owners of any existing utilities on the Property and those which
may be lawfully permitted on the Property by the City in the future, and all others deemed necessary
by the City for the purpose of the Roadway Construction Project. This grant will allow thc.
construction, relocation, replacement, repair, improvement, operation, and maintenance of utties on
the Property.
In full consideration for this 'Irrevocable grant of possession and use and other Grantor covenants,
warranties, and obligations under this Agreement, the City will tender to the Grantor the sum of
THIRTY-THREE THOUSAND FIVE HUNDRED THIRTY-SIX and 00/100 Dollars
($33,536.00) (the "Entry Deposit") directly to Grantor with a check made payable to Grantor's
,attorney, Braun & Gresham, PLLC as trustee, which payment shall be made within forty-five (45)
days from the date this Agreement is executed by Grantor. The Grantor agrees that the Entry Deposit
represents adequate and full compensation for the possession and use of the Property. The City will
immediately be entitled to take possession and use of the Property upon hill execution of this
Agreement, tender of payment of the Entry Deposit directly to Grantor, or delivery of the consideration
amount to the title company as set out herein.
The parties agree that the Entry Deposit tendered represents one hundred percent Q.Qn/o of the City's
May 11, 2023, Final Offer, which assumes no adverse environmental conditions affecting the value of
(lie Property. The approved value is the City',, deten-nination, contested by the Grantor, of the just
compensation owed to the Grantor for the real property interest to be acquired by the City in the
Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any,
save and except all oil, gas, and sulfur. The parties agree that the Entry Deposit tendered to Grantor
*NPUA*
2023099729 Page 2 of 10
Form ROW-N-PUA
(12112)
Replaces Form ROW-N-7
Page 2 of 5
6 oil III F*1 Ell WH V111111451W K41ML41
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IUMOMMU 0
to1.01 0 L' L Li1
the verpayrnent to the City.
3. Tile effective date of this Agreement will be the date on which payment of the Entry Deposit pursuant
to Paragraph 2 above was tendered in full to the Grantor by the City of- delivered to a title company
acting as escrow agent for the transaction (the "Effective Date").
The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to Grantee in that certain title commitment numbered
22080031 RTROW, issued April 24, 2023, by Rise Title Wilco, LLC (and any subsequent updates
prior to the Effective Date), and that proper releases, if any, will be executed for the Property prior to
funds being disbursed under this Agreement. Tile Grantor further warrants that no other person or
entity owns an interest in the fee title to the Property and further agrees to indernnify the City from all
unreleased of- undisclosed liens, claims, or encumbrances affecting the Property.
Tile above -made warranties are made by Grantor and accepted by the City, subject to tile following:
A. Visible and apparent easernents. not appearing of record.
B. Any discrepancies, conflicts, or shortages in area of- boundary lines or any encroachments or any
overlapping of improvements which a current survey would show; and,
C. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances,
and encumbrances for taxes and assessments (other than liens and conveyances) presently of
record in the Official Public Records of Williamson County, Texas, that affect the Property, but
only to the extent that said iterns are still valid and in force and effect at this time.
S. The parties agree that the valuation date for determining the amount ofjusl compensation forthe real
property interest proposed to be acquired by tile City in the Property, for negotiation or eminent
domain proceeding put -poses, will be tile Effective Date.
6. This Agreement is made with the understanding that the City will continue to proceed with the
acquisition of a real property interest in the Property, The Grantor reserves all rights of compensation
for the title and other interest in and to the Property which the Grantor holds as of the time immediately
prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's
rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and
to the Property to be acquired by the City, encumbered with the improvements thereon, if any, and
damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is
a part (the "Remainder"), all as file Property exists on the Effective Date of this Agreement. The City's
removal or construction of improvements on the Property shall in no way affect the fair market value
of the Property In determining compensation due to the Grantor in the eminent domain proceedings.
No beneficial project influence will impact the appraised value of the Property to he acquired. This
grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be
eligible.
2023099729 Page 3 of 10
MONEYINM
7. If the City institutes or has instituted eminent domain proceedings, the City will not be liable to the
Grantor for interest upon any award or judgment as a result of such proceedings for any period prior
to the date of the award. Payment of any interest may be deferred by the City until entry of Judgment.
8. The purpose of this Agreement is to allow the City to proceed with its Roadway Construction ProjIr
without delay and to allow the Grantor to have the use at this time of a percentage of the estimal
compensation fior the City's acquisition of a real property interest in the Property. The Grant
expressly acknowledges that the proposed Roadway Construction Project is For a valid public use a
voluntarily waives any right the Grantor has or may have, luiown or unknown, to contest on of the court in any condemnation proceeding for acqustonof the Propooadway Construction Proectbased upon claims that the condemning authority has no authoritygn of the Property inot necessary for the ubl
9. The Grantor reserves all of the oil, gas, and sulfur in and under the land herein conveyed but waives
all rights of ingress and egress to the surface for the purpose of exploring, developing, mining, or
drilling. The extraction of oil, gas, and minerals may not affect the geological stability of the surface,
Nothing in this reservation will affect the title and rights of the City to take and use all other minerals
and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special
assessments assessed against Property, including prorated taxes for the year in which the City takes
title to the Property, Notwithstanding, Braun & Gresham, PLLC will provide Williamson CAD with
a letter, signed by the City with approval, a copy of Exhibits A and B and provide a description of the
change in use of Grantor's property so Williamson CAD can exclude that property from their
assessment.
11. Notwithstanding the acquisition of the right of possession to the Property by the City in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court within forty-five (45) days after filing of said Special Commissioners' award, less any amounts
tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in
effect until the City acquires title to the Property either by negotiation, settlement, or final court
judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest, and assigns of the parties,
13. It is agreed the City will record this document.
14. Other conditions: None.
15. Al no time during the possession of the Property by City for the purposes described herein shall
Grantor be denied reasonable access and/or ingress to or egress firom the remainder of Grantor's land,
unless otherwise agreed to in writing in advance.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
2023099729 Page 4 of 10
Il ROW-N-PUA
(12/12)
Replaces Form Il
Page 4 of 5
set forth above.
i I 1 0
11,030,101JI, —
By: _-, �) -
4
Name:— _ Alb IA}A --------- -
•
This 1�,Lstrument was ackno, ledged before me on this the !� day of.A?W40ba2023
le - T urposes and consideration recit
VIC IsYlAd -I , LA il:� in the capacity and for
herein.
AUDREY BANNER
Notary ID #125644873
My CarnmIssion Expires
April 4, 2026
GRANTOR:
2023099729 Page 5 of 10
By:
L Name:
This instrument was acknowledged before me on this the 2-day of 2023 by
in the capacity and for the purposes and consideration recited
herein.
- - - - - - - - - - -
AUDREY BANNER
NoApr2'2N6 '8t 73=
oPb,S
20
AI-1Z
I J I�Oz2,1-4
Printed Name:
My Commission Expires:
WIFMINNDI
go] 01M 19 4 - 116
This istr4ment was acknowledged before me on this /-I 1-.t,,r,-2023 by
K nb in the capacity and for the purposes and consideral ion recited herein.
U
2023099729 Page 6 of 10
County: Williamson
Parcel : 16
Project: Red Bud Lane
• ,�; r • •s- • r • r
BEGINNING FOR REFERENCE at a 112' Iron rod found, being In the southerly boundary line of Lot 2, Woodhollow Subdivision
recorded in Cabinet D, Slides 328-330 of the Plat Records of Williamson County, Texas, some being the northeasterly corner of that
called 1.00 acre tract of land described In Probate to Estate of L.A. Grimes, Jr. deceased recorded In Document No. 2011031807 of
the Official Public Records of Williamson County, Texas, and described in Volume 679. Page 348 of the Deed Record of Williamson
County, Texas, also being the northwesterly corner of said 1.014 acre tract.
THENCE, departing said 1.00 acre tract, with the common boundary line of said 1.014 acre tract, and In part sold Lot 2 and Lot 1 of
said Woodhollow subdivision, N 82'33'03' E, for a distance of 227.97 feel to an Iron rod with aluminum cap stamped 'COR ROW
4933" set 49.50 feet left of Red Bud Lane Baseline Station 93+46.65 (Grid Coordinates determined as N=10,162,911.43,
E=3,152,793.07 (TxSPC zone 4203) In the proposed westerly lghl-of-Way (ROW) line of Red Bud Lane (ROW width varies), for
the northwesterly corner and POINT OF BEGINNING of the herein described parcel:
i) THENCE, departing said proposed ROW line, continuing with said common boundary line, N 82'33'03" E, at a distance of
8.04 feel pass the calculated southeasterly corner of said Lot 1, same being an angle point In the existing westerly ROW
line of Red Bud Lane (C.R. 122), (ROW width varies), from which a 112' iron rod found bears N 21'44'69' W, at a distance
of 1.57 feet and continuing with sold existing ROW line, same being the northerly line of said 1.014 acre tract, for a total
distance of 23.10 feet to a 112' Iron rod found, being the northeasterly corner of said 1.014 acre tract, same being an ell
corner in said existing ROW line, for the northeasterly corner of the herein described parcel;
2) THENCE, continuing with said existing westerly ROW line, some being the easterly boundary line of said 1.014 acre tract,
S 02036/1611 E, for a distance of 179.67 feet to a 112" Iron rod found, at the Intersection of said Red Bud Lane ROW line
and the existing northerly ROW line of Red Bud Trail (5W ROW width), for the southeasterly corner of the herein
described parcel;
3) THENCE, departing said westerly Red Bud Lane ROW line, with the southerly boundary of said 1.014 acre tract, some
being said existing northerly ROW line of Red laud Trail, 8 82'28108" W, for a distance of 23.46 feet to an iron rod with
aluminum cap stamped 'CORR ROW 4933' set 49.60 feet left of Red Bud Lane Baseline Station 91+66.81, in sold
proposed ROW line, for the southwesterly corner of the herein described parcel:
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This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
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That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and
correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the
ground under my direct supervision.
• [ [1ounly. axes.
M. Stephen —Truesdal •
a
Registered Professional Land Surveyor No. ;,33
40
Licensed State Land Surveyor
inland Goodetics.
Firm Registration No: 11 11'
6.
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0, Chisholm Trail Road, Suite 103
Round Rock, TX 78681
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2023099729 Page 7 of 10
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2023099729 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023099729
Pages: 10 Fee: $62.00
12/05/2023 10.39 AM
MBARRICK
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas