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R-2023-429 - 12/21/2023 I RESOLUTION NO. R-2023-429 WHEREAS, the City of Round Rock used its eminent domain authority and initiated a condemnation suit for the acquisition of certain property from Landon Burge, Leah Burge, John Logan Burge, and Joshua Layton Burge, and the Unknown Heirs of Kenneth W. Burge, (collectively "Burge"), with such property to be used for construction of the Old Settlers Extension Roadway Improvements Project; and WHEREAS,the City and Burge have now agreed to enter an uncontested compensation award in condemnation suit Cause No. 23-0885-CCR for the property to be acquired for construction of the Old Settlers Extension Roadway Improvements Project; and WHEREAS, in order to set forth the specific terms and procedures for entry of the uncontested compensation award the City and Burge wish to enter into a Rule 11 Condemnation 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 Condemnation Settlement Agreement with Burge, 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. 0112.20232;4877-7754-9206 RESOLVED this 21st day of December, 2023,. CR.A1 MCPC N, Mayor City of Rouck, Texas ATTEST: MEAGAN SP S,ZIy Clerk 2 EXHIBIT' "A" Sheets & r el , PLL ATTORNEYS AT LAW 309 East Main Street « Round (tock,TX 78664-5246 Phone 512-738-8732(C7). fax 5t2-255-8986 tion ,scrrlaw.conn October 24, 2023 RULE I.I. CONDEMNATION SETT"LEMENT AGREEMENT Via e-mail rcardenas@rnehlaw.com and isch.roeder@sneedvi:ne.com Ruben P. Cardenas Marrs Ellis& Hodge LLP 808 "West 12111 Street Josh Schroeder Sneed, Vine & Perry 108 East 8c11 Street Georgetown, Texas 78626 Ike: City of Round Rock—Old Settlers Blvd. Extension Cause No. 23-0885-CC:R; City o,fRound Rock, Teras vs. Unkno3vn Heirs of Kenneth W Barge Dear Ruben and Josh: In follow up to our recent discussions, please allow this letter to constitute a Mule I I Settlement Agreement ("Agreement") between City of Round. Rock, Texas ("City") and Landon Burge, I:seah Burge, John Logan Burge, and Joshua. Layton Burge, and the Unknown Heirs of Kenneth W. Burge (collectively "Burge") in connection with the project identified herein and the fee simple right of way parcel interest to be acquired as part of the City's Old Settlers Extension road improvement project (the "Project"). The terms of this Agreement and the settlement reached are follows. I. City agrees to pay, and Burge agrees to accept, the total suns of ONE MILLION FIVE HUNDRED SEVENTY-FIVE THOUSAND and No/100 Dollars ($1,575,000.00) in just compensation to the Conden-i ees in the above referenced lawsuit for the acquisition of 2.322 acres sought to be acquired, and any damages to the remaining property of Burge not acquired (the "Property"), with such location and acquisition as further described in City's current pleading on file in this case. 2. The parties further agree that an Agreed Special. Commissioners Award ("Award") in the agreed amount of just compensation identified herein, shall be entered by the appointed commissioners at a hearing to be scheduled by City at a date of its choosing, and after issuance of citation and published notice to any Unknown Heirs of Kenneth W. Burge as required by the Texas Rules of Civil Procedure. 3. The parties further agree that prior to entry of an Award for the amount described herein, City shall be allowed to amend its petition to add Landon Burge,Leah Burge, John Logan Burge,and Joshua Layton Burge, who are represented by Marrs Ellis & Hodge, as proper Condemnee parties to the existing lawsuit identified herein, with no additional statutory prerequisites or notice. The additional parties identified herein t agree to be bound by the terms of the Award, this Agreement, and the E resulting Judgment in Absence of Objections. 4. The parties further agree that as part of the proposed roadway construction Project the City shall at its sole cost cause a replacement driveway to be constructed between the southern edge of roadway pavement and the edge of new right of way property boundary at the southern remainder property of Burge, in the location and substantially according to the design and specifications as shown in Exhibit "A" attached hereto and incorporated j herein, or as otherwise agreed between City and Burge in the field during construction of the Project. City and its contractors shall be allowed to temporarily access the remaining property of Burge solely in the limited location and time period as necessary to carry out the obligations of this paragraph. Unless otherwise agreed between City and Burge in advance, City and its contractors shall make reasonable access available to the southern remainder property of Burge at all times during construction of the Project. City acknowledges and agrees that no access rights to the northern remainder property of Burge are being acquired in this lawsuit or Agreement. However, any driveway facility from the proposed Project to the northern remainder of Burge shall be subject to permit application, review, and design requirements and approval of the City of Round Rock and according to provisions of its Design and Construction Standards ("DACS")in place at the time of any.application. S. It is agreed that neither City nor Burge will file objections to the Award in i this cause so long as the Round Rock city council approves and ratifies this Agreement, and the City deposits the full Award amount within fourteen(14)days following the entry of the Award. 6. The terms and obligations of this Agreement shall specifically survive the entry of a Judgment in Absence of Objections in this suit, and the final judgment form shall specifically incorporate this letter and its terms by reference. 2 If this letter correctly sets forth the terms of our agreement and the settlement reached between the City and Burge, please so indicate by having the appropriate persons execute this letter in the space indicated below. As we discussed, if you will contact me when this letter has been signed by the owners below,we can arrange for pickup at your convenience and submitted for formal approval by the City. Very truly yours, bm Ckzog- Don Childs Sheets&Crossfield,PLLC Attorneys for City of Found Rock AGREED AND ACCEPTED: Ruben Cardenas Marrs Ellis& Hodge, LLP Attorneys for Landon Burge, Leah Burge,John Logan Burge,and Joshua Layton Burge Date:12/4/2023 /s/Joshua,Schroeder(with permission) Joshua.Schroeder Sneed, Vine & Perry Attorneys for Unknown Heirs of Kenneth W. Burge Date; 12.8.23 3 i i AGREED AND ACCEPTED: CITY OF ROUND ROCK,TEXAS By: Craig Morgan,Mayor 1 i s Date: r 6 ' 4 LEGEND STA 168.21.13 11A III-4L 40 CITY OFFO""D ROCK. TEXAS /_3STSO' LT 4— EXIST TRAFFIC FLOW ARROW CALLED 52 ACRES! 6.00' Ly DOC. ND. 2018096958 �0= PROP TRAFFIC FLOW ARROW O. P.R.W. T. 1901.11 ST 165-49.40 TSO T 1.100' LT ""t OLDSET PROP USE RETAINING WALL PROP 16.PIC WL PROP RON PROP ROW -=_ ............ —————— ------- PROP CA SENC"T M—X—M- —Il—FENCE ------------- -------------------------- EX:ST ROW/PROPERTY LINE • --------- ------- - 0 ------- E%IST EASEMENT PROPCURBINLET 4— 4— OLD SETTLERS BLVD 17-11 PROP STORM SEWER Lo CURVE LABEL 4— PROP SHARED-USE PATH CA • PROP SIDEWALK LAJ LAI PROP GRASS PROP CONC DR[VEWAY/RIPRAP PROP ILLUMINATION POLE ------------ ------ A168'21._ 13� .50, FEE -1 NOTES' P th 1. ALL STAT QL F -L---------------------- --------��33STS% T PROP ROM D ENCASEMENT SLEEVE • 0 JETS A BASED ON UNLERE Apo- AWrSTA 165-49.40 WS OTHERWISE Q.00' .00* C"'IAIZ KENNETH W. OEM a _WMADVIER'. T 1. C*LLIX3711�01IRS1001S ARE STA CE No. 2018096950 T'PXA'oS'PC0.LEREAlSCn'G'.TT COOMPANY MEASURED C.OF C 25 3T OF 90C.O.P.R.W.C.7 ks, UNLESS OTHERWISE NOTED. ,- S. C cwl� JWTOQ TO VERIFY ALL DOC. NO. 1"7016054 rX EST I OR SME. 1 50114 IL OHTGOO T Z.1 CALLED t3?. ENES, .61 3. CONTRA TLITIC RI ,ON. TO THE GTITR OF COSNPIRUC lo-V EXIST PROPERTY CONSTRUCTED POLE-1 3fg GNSTRUCTED BY ONCOR STA 168.90'41 REV DATE DESCRIPTION 116.03' FEE uL 715 715 PRELIM114ARY TIP.. 710 SUBMITTED FOR 90.REVIEW By .................... EXIST GROUND CTORIA VALDEZ, P.C. 111 129612 AGUIRRE P a FIELDS L E owy Do C-4 IDS 705 FIRM REGISTRATION NUMBER. 739 1113/2023 - ------ NOT FOR CONSTRUCTION. 4-55% -O. ,O.SSX: 0 70BIDDING OR PERMITTING - 700 Ld 695 • LLI PROP PGL E 695 x 0.0 -- --- i(IT-0 0 - L _j PROP 24.STEELSEA. �1.0' • ENCASEMENT SLEEVE: � L 250.00,75 ROUND RACK.TIMS PROP STORM SEWER F • 690 Ia.Rep 690 FL 623.23* • 605 AS 685 24, UIRRE Er FIELDS PROP STORM SEWER —OLD SETTLERS EXTENSION Ie*Be P 680 FL-651 . ..... 680 ............ ...... ............ ........ ........... .. .. ...................... ............ ...... OLD SETTLERS BLVD - '6"'F Io"E OLD �'r' L�I' Y a z PLAN PROFILE c; -2"2 -2 -2'9 ii 9: 04 2.1 a;,:9 SO tt 91 ts- c s.2. s st sic s 67S ss I — . 0 '65-00 166-00 167-00 168-DO 169.00 170 t OLOSET / & LEGEND 9}}�}}} 7 �ti f �•+ Ext57 TRAFFIC FLOWARi10W }}}r}}} STA 189.80.21 g PROP TRAFFIC FLOW ARROW RT �o PROP USE RETAINING WALL } 9. } —••—.•• PROP ROW } } 27' R•10' ------- PROP EASEMENT STA 10•/7.051 } } } 1 9.00' LT l STA 10.80.61 x—%—W- CORRIDOR FENCE 9.00' Li — .�... EXIST ROW/PROPERtT LINE } t -_-___ }$} BEGIN CONSTRUCTION $ - EXIST EAS[YEN1 } d } 1 }w } } C.D3W5oo $ Q PROP CURB INLET ST .57 �"� I PROP STORM SEWER 4 } t oWYoo o•°' dMYE LABEL PROP SHARED-USE PATH } 3 > ---LLL °• f _ _._. } ` } °1 � _�a.'�N•.—. 11•M.' PROP SIDEWALK END CONSTRUCTION PROP GRASS }• } •'a 9 ! ( STASOaB0.61 '.©.•' PROP CONC DA IVEWAT/RI PRAP } } > STA 10.80.63 PROP ILLUMINATION PSE t}}�}}} m STA 10.44.44 9.W' RT } 9.00' RT 1 }} } } C R•10' KENNETH W. BURGE } } La! THEREMAINDER OF CALLED 132.21 ACRESI DOC, NO. R.09CTIT6054 0.$}} h 35A4165RT2.02 , } } 1g I} } O 0�. 1}} II SCALE, 1'•20 } 011 •70 1 •2'V REY DATE OESCR IPTIO7 DtMY00 705 t OLDSET . i : :. ._ 705 PROP PD1. .. PRELIMINARY . 709... SUBMITTED FOR 40%REVIEW DY .. OQ. ....I .. ... ..... ... ...:............... .... ....._......... ... ... ..... .... YICTORIA YALDE2• P.E. T% 129812 $ OpND AGUIRRE B FIELDS LP $ t DWr00STRUCT IDN FIRM REGISTRAT[ON NIAAOER: 739 703 I STA 10.80.61 703 11/3/2023 EXIST GROUNDEL.tO6M HOT FOR CONSTRUCTION. ^ n� 702 i ^- o 3 742 BIDDING OR PERMITTING STA- 10.35: 6 o _ EL 700.8 701 701 -2-mak •1, STA IO•T8.6! EL 701.97 RK. •D.Ds• ROUNDROCK7EXAS 700. BEGIN CONSTRUCTION STA 1701.110 %•.1 _.. TDO t DWTDG EL TO1.ti L 4.00' - STA 10 S. W><'0.16' W L %•1s.3r 699 AGUIRRE FiFIELOS L .a .899 N:o. - - `• OLD SETTLERS E%TENSION 1 848 .... .. ..,.... 498 : ....... ._ _. . ..... . BURGE DRIVEWAY PLAN & PROFILE SHEET 1 OF 1 10.00 ll— ul