CM-2023-283 - 12/1/2023ELECTRONICALLY RECORDED 2023099728
Williamson County, Texas Total Pages: 10
Form ROW-N-PUA
(12/12)
Replaces Form ROW-N-7
Page I of 5
STATE OF TEXAS §
§ Parcel No.: 15
COUNTY OF WILLIAMSON § Project: Red Bud South
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between
CITY OF ROUND ROCK, TEXAS ("City" or "Grantee"), and TERRILL G. SLADEK (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
!?,&i V.V_f
relocations (the "Roadway Construction Project"). The property subject to this Agreement is described
more fully in field notes, plat map, or other description attached as Exhibit "A" and made a part of this
Agreement by reference (the "Property").
11WWADIM-04 M.
Authorized activities include surveying, inspection, environmental studies, archeological studi
clearing, demolition, construction of permanent improvements, relocating, replacing, and improvi
existing utility facilities, locating new utility facilities, and other work required to be performed
I
connection with the Roadway Construction Project. This Possession and Use Agreement will exte
r*k4Ai**fk7,t*ontractors and assigns-. owners of anir, existing utilities on the Property and those whi
may be lawfully permitted on the Property by the City in the future, and all others deerned necessa
by the City for the purpose of the Roadway Construction Project. This grant will allow t
iance of utilities
the Property.
In full consideration for this irrevocable grant of possession and use and other Grantor covenant
Warranties, and obligations under this Agreement, the City will tender to the Grantor the surn
TWENTY-EIGHT THOUSAND SIX HUNDRED FORTY -EIGHTY and 001100 Dolla
t,
($28,648.00) (the "Entry Deposit") directly to Grantor with a check made payable to Grantor
attorney, Braun & Gresham, PLLC as trustee, which payment shall be made within folly -five (4
days frorn the date this Agreement is executed by Grantor. The Grantor agrees that the Entry Depo
represents adequate and full compensation for the possession and use of the Property. The City w,
immediately be entitled to take possession and use of the Property upon full execution of th
amount to the title company as set out herein.
The parties agree that the Entry Deposit tendered represents one hundred percent (190%) of the City's
May 11, 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,
save and except all oil, gas, and sulfur. The parties agree that the Entry Deposit tendered to Grantor
*NPUA*
�X3 -
2023099728 Page 2 of 10
Form ROW-N-PUA
(12/12,1
Replaces Form ROW-N-7
Page 2 015
will be deducted from any final settlement amount, Special Commissioners' award,orcourtjudgment.
In the event the amount of the final settlement or judgment for the acquisition of the Property is less
than the Entry Deposit, then the Grantor agrees that the original amount tendered represents an
overpayment for the difference. Upon written notice from the City, the Grantor will promptly refund
the overpayment to the City.
3. The 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 or delivered to a title company
acting as escrow agent for the transaction (the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens arJ
encumbrances except as disclosed to Grantee in that certain title commitment numberm
2208003ORTROW, issued August 23, 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
un.released or undisclosed liens, claims, or encumbrances affecting the Property. I
The above -made warranties are made by Grantor and accepted by the City, subject to the following:
A. ble and apparent easements not appearing of record.
B. A-ny 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 date 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 eminent
domain proceeding purposes, will be December 6, 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 Effeclive 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 pail (the" eina i nder"), 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 domain 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
eligible.
2023099728 Page 3 of 10
Form ROW-N-PUA
(12112)
Replaces Form ROW-M-7
Page 3 of 5
QII I IPKI! t', I 17-XOJ 04 1 VWIM50 110
8. The purpose 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 the Property., The Grant
expressly acknowledges that the proposed Roadway Construction Project is for a valid public use ai
voluntarily waives any right the Grantor has or may have, known or unknown, to Contest t
jurisdiction of the court in any condemnation proceeding for acquisition of the Property i-elated to tl
Roadway Construction Project, based upon claims that the condemning authority has no authority 1 0
acquire the Property through eminent domain, has no valid public use for the Property, 0). th
acquisition of the Property is not necessary for the public use. I
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 mincrals 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 Us document.
MIXIGJMT��•
15. At no time during the possession of the Property by City for (lie purposes described herein shall
Grantor be denied reasonable access and/or ingress to or egress fil-oni the remainder ol'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
2023099728 Page 4 of 10
Form ROW-N-PUA
(12112)
Replaces Form ROW-H-7
Page 4 of 5
17A W IM
set forth above.
GRANTOR:
TERRILL LADEK
7:_,-7
By:
Name:
FETQNWNL�Ij 01"0411WI
STATE OF TEXAS
COUNTY OF L].L� "-'k g,[4)
This instruinenj was acknowledged before me on this the I day of UVLM�"20"
in the capacity and for the purposes and consideration reci
Ll� — ti herein.
AUDREY BANNER
Notary ID #125644873
MY Commission Expires
April 4, 2026
P JI-I WMA -. A
VOW
My Coird-nission ExplLes.
2023099728 Page 5 of 16
Hadley
City Manager
1
Form ROW-N-PUA
(12112)
Replaces Form ROW-N-7
Page 5 of 5
STATE OF TEXAS
COUNTY OF WILLIAMSON
This i zst� i ent was acknowledged before the on this Heel-2023 by
rein the capacity and for the purposes and consideration recited herein.
.
MONIQUE�ADAMS 1
My No1ary0 ��� 25Q263 'Not Public, list of exa.
"Fa¢=E)#res March Printed Name:,` -"
pires:
My Conn nission Ex
2023099728 Page 6 of 10
10-31-2022
Page 1 of 3
EXHIBIT
County: Williamson
Parcel: 15
Project: Red Bud Lane
being the southerly boundary line of said 1.008acre
westerly RIght-of-Way (-• .(ROW width varies), for the southwesterly comer and POINT OF
BEGINNING of the herein described parcel;
2) THENCE, with said existing southerly ROW line, same being the northerly boundary line of said 1.008 acre tract.
N 82026108" E, for a distance of 23.66 feet to a calculated point, being the Intersection of said Red Bud Trail an-i'
the existing westerly ROW line of Red Bud Lane (C.R 122) (ROW width varies), for the northeasterly corner of th-r
herein described parcel;
3) THENCE, departing said existing southerly ROW line, with the easterly boundary of said 1.008 acre tract, same
being said existing westerly ROW line of Red Bud Lane, 5 0263545" E, for a distance of 180.12 feet to a 112' iron
rod found, being the northeasterly corner of said 1 A29 acre tract, same being the southeasterly comer of said
1.008 acre tract, for the southeasterly corner of the herein described parcel;
4) THENCE, departing said existing westerly ROW line, A61h the common boundary line of said 1.429 acre tract and
said 1.008 acre tract. N 88036103" W, for a distance of 23.87 feet to the POINT OF BEGINNING, containing 0.097
acre (4,213 :• of land, more or
This property description Is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas Stale Plane Coordinate System, Central Zone No. 4203. NAD 83.
THE STATE OF TEXAS §
PRESENTS:§ KNOW ALL MEN BY THESE
7*7FJkqJZqTjFZRU9NMWE
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.
Registered Professional Land Surveyor No. 4933
' " ° C
Licensed State Land Surveyor
®�
Inland Geodetics
STEPHENTRUM
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Rock, TX 70881
4tta:I
Round
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2023099728 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023099728
Pages: 10 Fee: $62.00
12/05/2023 10.39 AM
MBARRICK
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas