CM-2024-109 - 3/29/2024ELECTRONICALLY RECORDED 2024025598
Williamson County, Texas Total Pages: 11
NNNL�& Yy �11
STATE OF TEXAS §
§ Parcel No,: 14
COUNTY OF WIAMSON § Project: Red Bud South
This Possession and Use Agreement For Transportation Purposes (the "Agreement") betwe
CITY OF ROUND ROCK, TEXAS ("City" or "Grantee"), and JEANNIE M. MCCULLOCH (t
"Grantor" whether one or more), grants to the City, its contractors, agents, and all others deemed necessa
by the City, an irrevocable right to possession and use of the Grantor's property for the purposerIi
constructing a portion of the proposed Red Bud South roadway project and related appurtenanc
drainage, and utility relocations (the "Roadway Construction Project"). The property subject to t
Agreement is described more fulIVA in field notessolat map, or other descrielion attached as Exhibit
and made a pail of this Agreement by reference (the "Property").
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, 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 the
construction, relocation, replacement, repair, improvement, operation, and maintenance of utilities on
the Property.
2. 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 sum
FIFTY THOUSAND NINE 11UNDRE D NINETY-SEVEN and 00/100 Dollars
($50,997.00) (the "Entry Deposit") directly to Grantor with a check made payable to Grantor
attorney, Braun & Gresharn, PLLC as trustee, which payment shall be made within folly -five (4 11
days from the date this Agreement is executed by Grantor. The Grantor agrees that the Entry Depo i
represents adequate and full compensation for the possession and use of the Property. The City wi
immediately be entitled to take possession and use of the Property upon full execution of th
Agreement, tender of payment of the Entry Deposit directly to Grantor, or delivery of the considerati
amount to the title company as set out herein.
r. -lit
of ie 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
laf *NPUA*
2024025598 Page 2 of 11
Form ROW-N-PUA
(12112)
Replaces Form ROWN 7
Page 2 ol 6
7rnr a Rara, or coMJLUg1t1Cn1.
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 arnount tendered represents ail
overpayment for the difference. Upon written notice from the City, the Grantor will promptly refund
the overpayment to the City.
C. 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 and
encumbrances except as disclosed to Grantee in that certain title commitment numbered
22100018RTROW, issued November 2,2022, 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, The Grantor further warrants that no other person or
entity owns an interest in the fee title to the Property and further agrees to indemnify the City frorn all
unreleased or undisclosed liens, claims, or encumbrances affecting the Property.
The above-i-nade warranties are inadc by Grantor and accepted by the City, subject to the following:
A. Visible 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 pat -Lies 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 eminen'i
domain proceeding purposes, will be December 15, 2023.
6. This Agreement is rnade 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 AgreemenL 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 the Property exists on the Effective Date of this Agreement. The City's
removal or construction of improvements on (he Property shall in no way affect the fair market value
of (lie 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.
2024025598 Page 3 of 11
MEELSE39412=1 MUM
7. If the City institutes or has instituted erninent domain proceedings, the City will not be liable to the
Grantor for interest upon any award orjudgment 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 Project
without delay and to allow the Grantor to have the use at this time of a percentage of the estimated
compensation for the City's acquisition of a real property interest in the Property. The Grantor
expressly acknowledges that the proposed Roadway Construction Project is for a valid public use and
voluntarily waives any right the Grantor has or may have, known or unknown, to contest the
jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the
Roadway Construction Project, based upon claims that the condemning authority has no authority to
acquire the Property through eminent domain, has no valid public use for the Property, or that
acquisition of the Property is not necessary for the public use.
9. The Grantor reserves all of the oil,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.
materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, al I 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 Fxhibit A 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 docurnent.
14. Other conditions: None.
15. At no tirne during the possession of the Property by City for the put -poses described herein shall
Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land,
unless otherwise agreed to in writing in advance.
2024025598 Page 4 of 11
To have and to hold the Agreement herein described and conveyed, together with all the rights a
set forth above.
By:
Name: ��e&Ani -t AV, -Ac6AW-
L
STATE FT S
COUNTY OF ...........
20
This instrument was acknowledged before me on this the � day of ............. 26" by
in the capacity and for the purposes and consideration recited
herein.
Notary Public, to o7Texas
Printed
My Commission Expires:
# srM MARCUS R. RODRIGUEZ
W COMMISSION EXPIRES
NOVEMBER 29,2027
NOTARY ID. 134661613
2024025598 Page 5 of 11
Form ROW-N-PUA
(12112)
Replaces Form ROW-N-7
Page 5 of 6
MMS \
CITY OF ROUND ROCK, TEXAS
By:
Eity Manager
I I
W11110M Wall AVIA IN
T1 . instrument was acknowledged before me on this 0�(� 2024 by
in the capacity and for the purposes and consideration recited herein.
Notary Publ, Stst--
Printed Name:--wkigw��
My Commission
2024025598 Page 6 of 11
County:.,:
Project: a Bud
mil
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BEGINNING FOR REFERENCE at a 112 inch iron rod found, being
boundary -. 1.008. .nd in a Special Warranty Deed to
Terrill G. Sladek recorded in Document No. 2019040323, and described in Document No.
2011009128, of Official Public Records of •County,being the
northerlyboundary li- _ of said 1.429
i i i • _ i' .'r'Y.
common1) THENCE, S 88-36'03" E, departing said proposed westerly ROW line, and continuing
with the boundary line r.: said 1.429 acre tract and said 1.008 acre tract, for
distance of 23.87to a 1/2 inch iron rod found in the existing westerly i
Red Bud Lane (ROW width varies), being the northeasterly corner of said 1.429 acre
tract, same being the southeasterlya of • 1.008 acre tract, for the northeasterly
corner of described parcel;
2) THENCE, 02"29'59" E, with said existing westerly ROW line, same being the easterly
boundary line of -said 1.429 acre tract, for a distance of 334.60 feet to a calculated point,
being the northeasterlya of 1 foot wideeasement r Road Widening per
WilliamsonRed Bud Acres subdivision recorded in Cabinet C, Slides 70-71 of the Plat Records of
•Texas,+r the southeasterly cornerof + 1.429 acre tract and of
describedthe herein parcel;
3) THENCE, N 55017,101, W, with the northerly line of said 20 foot easement, being the
southerly line of said 1.429 acre tract, for a distance of 25.04 feet to an iron rod with
aluminum • stamped "CO'" ROW 5630"is feet leftof -a Bud Lane
Baseline Station 86+19,39, in said westerly proposed ROW line, being the northeasterly
corner of Lot 18 of said Red Bud Acres subdivision, for the southwesterly corner of the
herein described parcel, • from which a 1/2 Inch ironas with plastic.r stamped
"SEELIG" found in the common line of said 1.429 acre tract and said Lot 18 bears
1 distance of a 1
2024025598
Page 7 of 11
4) THENCE, N 03-11126" W, departing said easement and subdivision, with said proposed
ROW line, through the interior of said 1.429 acre tract, for a distance of 321.11 feet to
the POINT OF BEGINNINGi containing 0.164 acre (7,156 square feet) of land, more or
less.
M=
All 'bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83,
THE -STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That -1, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the
thaaccikg ak6d
and belief and the property described herein �was determined by a survey made on the ground
during the months of February through August. 2022, under the direct supervision of M.
Stephen Truesdale, LSLS, RPLS No. 4933.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas on this 25th day of
October, 2023, A.D.
WSW��
. . . . . . . . . . . . . . .
MIGUEL ANGEL ESCOBAR
. .....................
5630
Miguel A. Escobar, L.S.L.S., R.P.L.S. "t..
IL
Texat Reg, No. 5630 W�W !V
1504'Chisholm Tra I I Rd #103
Round Rock, TX 78681
TBPELS Firm No. 10059100
2024025598 Page 8 of 11
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2024025598 Page 10 of 11
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RECORDERS MEMORANDUM
or parts of the text on this page evaa not
clearlp legible for satistactnry re co rd anion
2024025598 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2024025598
Pages: 11 Fee: $65.00
04/01 /2024 02.52 PM
ATAYLO R
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas