CM-2023-285 - 12/1/2023ELECTRONICALLY RECORDED 2023099730
Williamson County, Texas Total Pages: 13
g I !�g�!: I I
STATE OF TEXAS §
§ Parcel No.: 18
COUNTY OF WILLIAMSON § Project: Red Bud South
This Possession and Use Agreement For Transportation Purposes (the "Agreement") betwe
CITY OF ROUND ROCK, TEXAS ("City" or "Grantee"), and THE JACK J. ZAJICEK AN
� I
VELMA C. ZAJICEK REVOCABLE TRUST, VELMA C. ZAJICEK TRUSTEE (the "Granto
Wir_"Eonc_o� _Vrants tothe Citj* its contractaiLs-m-.gents. and all others deemed necessaL-q by t�]
City, an irrevocable right to possession and use of the Grantor's property for the purpose of constructi
-op osed Red Bud South roadwal rpect and rel
11 R
&Led an!2urtenances. drainaae.. and utiliT
relocations (flie "Roadway Construction Project"). The property subject to this Agreement is describ
more fally in field notes, plat map, or other description attached as Exhibits "A" and "B" which a]
attached hereto and made a pail 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 grants, 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, utty adjustments, and appurtenances thereto and the right to remove any improvements.
Authorized activities include surveying, inspection, envirom-nental 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 perfonned 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 the
construction, relocation, replacement, repair, improvement, operation, and maintenance of utilities on
the Property.
V In full consideration for this in -evocable 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-FIVE THOUSAND FOUR HUNDRED THIRTY-FOUR and 00/100 Dollars
($35,434.00) (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 full execution of this
Agreenient, 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 pat -ties agree Ilidt the Entry Deposit tendered represents one hundred percent Q��/o of the City's
June 9, 2023, Final Offer, which assumes no adverse environmental conditions affecting the value of
the Property. The approved value is the City's determination, 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,
N PUA*
2023099730 Page 2 of 13
Form ROW-N-PUA
(12112)
Replaces Form ROW-N-7
Page 2 of 5
save and except all oil, gas, and sulfur. The parties agree that the Entry Deposit tendered to Grantor
-rim V111161 WOMEN= UNIMMI
, 1 61
IMMMMMM
the overpayment to (lie City.
3. The effective date of this Agreement will be the date on which payment of the Entry Deposit pursuan
to Paragraph 2 above was tendered in Ul to the Grantor by the City or delivered to a title compai
acting as escrow agent for the transaction (the "Effective Date"). i
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens ary
encumbrances except as disclosed to Grantee in that certain title commitment numberM,
22080033RTROW, issued March 8, 2023, by Rise Title Wilco, LLC (and any subsequent updat
prior to the Effective Date), and that proper releases, if any, will be executed for the Property prior
funds being disbursed under this Agreement. The Grantor further warrants that no other person
entity owns an interest in the fee title to the Property and further agrees to indemnify the City from
unreleased or undisclosed liens, claims, or encumbrances affecting the Property. I
The above -made warranties are niade by Grantor and accepted by the City, subject to the following:
A. ble and apparent easements not appearing of record.
B. Any discrepancies, conflicts, or shortages in area or 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 items are still valid and in force and effect at this time.
5. The parties agree that the valuation dale for determining the amount of just compensation for the real
property interest proposed to be acquired by the City in the Property, for negotiation or erninent
doinain proceeding purposes, will be November 21, 2023.
G. 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 low 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 the 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 dornain proceedings.
No beneficial project influence will impact the appraised value of the Property to be acquired. This
grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be
2023099730 Page 3 of 13
Form ROW-N-PUA
(12112)
Replaces Foom ROW.N 7
Page 3 of 5
M =
7. If tile 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. Tile put -pose of this Agreement is to allow the City to proceed with its Roadway Construction Proje
without delay and to allow the Grantor to have the use at this time of a percentage of the estimat
compensation for the City's acquisition of a real property interest in tile Property. Tile Grant
expressly acIcnowledges that the proposed Roadway Construction Project is for a valid public use a
1
voluntarily waives any right the Grantor has or may have, known or unknown, to contest t
jurisdiction of the court in any conderrination proceeding for acquisition of the Property related to t
Roadway Construction Project, based upon claims that the condemning authority has no authority
acquire the Property through erninent domain, has no valid public use for the Property, or th
acquisition of the Property is not necessary for the public use. 1
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 Urantor agrees to pay as tiley 6ecorne cue, FTMI MOTIF pro 71 M =- -
assessments assessed against Property, including prorated taxes fox, 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 thi
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 rernain 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.
15. At 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 from the remainder of Grantor's land,
unless othenvise agreed to in writing in advance.
2023099730 Page 4 of 13
Form ROW-N•PUA
(12112)
Replaces Form ROW-N-7
Page 4 of 5
won WAVIL4M IN I
set foi-th above.
GRANTOR:
THE JACK J. ZAJ10EK AND VELMA C. ZAJ10EK REVOCABLE TRUST, VELMA
ZAJICEK TRUSTEE I
By:
Name:
Lei
STATEOFTEXAS
COUNTY OF
This instrument was acknowledgd ebefore me on this the � day of N)QV(?VbLh023 by
INA in the capacity and for the purposes and consideration recitoe
herein.
AUOREY BANNER
Notary ID #125644873
My Commission Expires
April 4,2026
Notaq Public, State Qy I US
PrintedName:
My Commission Expires: ILL 11'20�to
2023099730 Page 5 of 13
CITY OF ROUND ROCK, TEXAS
v. Xau'r
City Manager
STATE OF TEXAS
COUNTY F WILLIAMSON
Thi' inst g ent was acl mowledged before me on this
in the capacity and for the purposes and consideration recited herein.
I
e� n
2023099730 Page 6 of 13
county: Williamson
Parcel : 18
Project: Red Bud Lane
MMM
-•• r r a- -
r r: �:r r • r
BEGINNING FOR REFERENCE at a 314" Iron rod found, being in the southerly boundary line of that called 2.93 acre tract described
In Document No. 1907034614 of the O.P.R.W.C.T„ to David B. Fuchs and Karts K. Fuchs, being the northeasterly corner of Lot 11,
of said subdivision, same being the northwesterly corner of said Lot 12;
1) THENCE, departing said proposed ROW line, with the common line of said 2.93 acre tract and said Lot U.
N 87433/3211 E, for h distance of 9.07 feet to a calculated point In the existing westerly ROW line of Red laud Lane (C.R.
122), (ROW width varies), for the northeasterly corner of said Lot 12 and of the herein described parcel, and from which a
112' Iron rod found beers N 02'29'10" W, at a distance of 1.07 feel;
;. aR
.. is
THENCE, departing sold existing northerly ROW line, through the Interior of said Lot 12, with said proposed westerly ROW line the
following (2) two courses:
4) N 02028/31/1 W, for a distance of 108.62 feel to an Iron rod with aluminum cap stamped 'CORR ROW 4933" set 53.50 feet
left of Red Bud Lane Baseline Station 97+73.29, for a point of curvature to the right;
5) With said curve to the right having a radius of 6,633.50 feel, a delta angle of 0164013111, an are length of 191.04 feet, and
a chord which bears N 01.3811611 W, a distance of 191.03 feel to an Iron to the POINT OF BEGINNING, containing 0.078
acre (3,365 square feat) of land, more or lose.
This property desorption Is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas Slate Plane Coordinate System. Central Zone No. 4203, NAD 83.
•
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.
�TiTI�ITI
9
M.M. Ste a drAe _ Date
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodstics ®,..®®®®®•®a
Firm Registration No: 100591.00 M, STEPHEN
1604 Chisholm Trail Road, Suite 103 `$$f°"mow•.,.°®a t
Round Rock, TX 70681
S:ILJAIREDBUD-GATTIS-EVERGREENIPARCELSIPARCELI7-PETERSON%PARCEL17-PET£RSON.do , E08!
2023099730 Page 7 of 13
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2023099730 Page 9 of 13
10-26-2022
EXHIBIT B Page 1 of 3
County: Williamson
Parcel: 18-E
Project. Red Bud Lane
BEGINNING FOR REFERENCE at a 314" iron rod found, being in the southerly boundary line of that called 2.93 acre tract described
In Document No. 1997034614 of the O.P.R.W.C.T., to David S. Fuchs and Karla K. Fuchs, being the northeasterly corner of Lot 11.
of said subdivision, some being the northwesterly corner of said Lot 12;
•
1) THENCE, continuing with said common line N 87*3313281 E, for a distance of 65.64 feet to Iron rod with aluminum cap
stamped 'CORR ROW 493Y set 53.60 feet left of Red Bud Lane Baseline Station 99+62.77 in the curving proposed
westerly Right -of -Way (ROW) line of Red Bud lane (ROW width varies), for the northeasterly corner of the herein
described parcel;
2) THENCE, departing said 2.93 acre tract, with said proposed ROW line, through the interior of said Lot 12, with said curve
to the left having a radius of 8,533.50 feet, a delta angle of 00*1614711, an arc length of 30.01 feet, and a chord which
bears 3 00/1661541, E. a distance of 30.01 feet to a calculated point, for the southeasterly comer of the herein described
parcel;
THENCE, departing said proposed westerly ROW line, through the Interior of said Lot 12, the following (2) two courses:
3) S 87®33'32" W, for a distance of 64.76 feet, for the calculated southwesterly corner of the herein described parcel;
i s a distance of 30.00 feet to the POINTr'BEGINNING, 004
land, more or less.
This properly description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plana Coordinate System, Central Zone No. 4203, NAD 83.
•
KNOW ALL MEN BY THESE PRESENTS:
COUNTYOF
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.
• ron oun y, Texas.
T
{f� 1
Date
RegIst tonal Land Surveyor No. 4933
Licensed State Land Surveyor
inland Goodefics
Firm Registration No: 100691-00
1504r
PZ?
2023099730 Page 10 of 13
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22099730 Page 12a13
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RECORDERS MEMORANDUM
« ra« m«maa s:«awz not � &_
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2023099730 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023099730
Pages: 13 Fee: $74.00
12/05/2023 10.39 AM
MBARRICK
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas