BCRUA_R-16-06-15-7C RESOLUTION NO. R-16-06-15-7C
WHEREAS, in order to promote the public health, safety and welfare, it is necessary
for the BCRUA to acquire a site for a permanent raw water intake facility and related
appurtenances; and
WHEREAS, the BCRUA has previously determined that a parcel of land owned by
Gary Gross and Cathy Gross and situated in Travis County, Texas containing 5.217 acres, as
more fully described in Exhibit "A," (the "Property") was suitable for the said intake facility;
and
WHEREAS, the City of Leander, on behalf of the BCRUA, filed a petition for
condemnation to acquire the Property; and
WHEREAS, pursuant to the proposed mediated settlement agreement ("MSA")
reached on March 11, 2016 between the City of Leander and Gary and Cathy Gross that
BCRUA is to agree to certain development clarifications regarding the Property related to
placement of residential boat docks on adjacent lands, which letter agreement is attached as
Exhibit`B;" and
WHEREAS, BCRUA has previously consented to final resolution of the case for
acquisition of the Property pursuant to the MSA;Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY
CREEK REGIONAL UTILITY AUTHORITY THAT:
The Board hereby authorizes the BCURA President or its General Manager to execute
a letter agreement substantially in the form of the document attached as Exhibit "B" pursuant
to the MSA.
Z:\BCRUA\Board PacketsTacket Documents\2016\061516\7C.Res.BCRUA-Letter Agreement with Gary and Cathy Gross(00359034xA08F8).docx
The Board 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 Goveniment Code, as amended.
RESOLVED this 15`f' day of June, 2016.
RQJ4 ABRUZZESE, Presid,
Brushy Creek Regional Utility Authority
ATTEST:
IS HITFIELD, Secretary
2
METES AND BOUNDS DESCRIPTION
OF A
5.217 ACRE TRACT OF LAND
SITUATED IN THE JOHN STEWART SURVEY NO.551
AND THE ROBERT FOSTER SURVEY NO.31,
TRAVIS COUNTY,TEXAS
BEING A 5.217 ACRE (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN
STEWART SURVEY NO. 551 AND THE ROBERT FOSTER SURVEY NO. 31, TRAVIS COUNTY,
TEXAS; SAID 5.217 ACRE TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF
TRACT 2(CALLED 1.069 ACRES)AND A PORTION OF TRACT 3 (CALLED 10.068 ACRES)WITH
ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L. GROSS AND WIFE,
CATHY L. GROSS, AS RECORDED IN VOLUME 11546, PAGE 1498 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY,TEXAS(R.P.R.T.C.T.),AND ALSO BEING A PORTION OF THAT
CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY
DEED TO GARY L. GROSS AND WIFE, CATHY L. GROSS, AS RECORDED IN VOLUME 12817,
PAGE 1043, R.P.R.T.C.T.; SAID 5.217 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found for the northernmost comer of the herein described tract and
said Tract 2, same being the easternmost corner of Lot 1, Lake Travis Subdivision No. 6, recorded in
Volume 4, Page 157 of the Plat Records of Travis County, Texas (P.R.T.C.T.), and also being on the
westerly right-of-way(R.O.W.)line of Bernard Street(having a width of 50 feet at this location),and being �' m
located at Texas State Plane Coordinate grid position N=10,135,754.8226 and E=3,057,450.2885; �
THENCE, South 28 degrees 30 minutes 50 seconds West, with the common westerly R.O.W. line of said
Bernard Street and the easterly line of said Tract 2,same being the easterly line of said Lot 1,a distance of s
104.96 feet to a 1/2-inch iron rod found for a corner of the herein described tract and marking the
northernmost comer of said Tract 1, same being the northernmost corner of Lot 12, Lake Travis
Subdivision No.2,recorded in Volume 4,Pages 82-83,P.R.T.C.T.,said point also marling the intersection
of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of Jackson Street
(having a width of 50 feet at this location);
THENCE, South 33 degrees 24 minutes 12 seconds East, with the common southwesterly R.O.W. he of
said Jackson Street and the northeasterly line of said Tract 1,same being the northeasterly line of said Lot
12,a distance of 170.19 feet to a 1/2-inch iron rod with orange plastic cap stamped"Wallace Group"set for
a comer of the herein described tract;
THENCE, South 51 degrees 48 minutes 33 seconds West,departing the southwesterly R.O.W. line of said
Jackson Street,traveling partway across the interior of said Tract 1,same being said Lot 12,partway across
the interior of said Tract 3,same being said 10.068 acre tract,and partway across the interior of said 5.163
acre tract,a distance of 910.86 feet to a 1/2-inch iron rod with orange plastic cap stamped"Wallace Group"
set for the southernmost corner of the herein described tract and being on the southwesterly line of said
5.163 acre tract;
Page 1 of 2
Description of a 5.217 acre tract(continued)
THENCE,with the southwesterly line of said 5.163 acre tract,the following three(3)courses and distances:
1) North 09 degrees 54 minutes 18 seconds West,a distance of 53.10 feet to a 1/2-inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
2) North 33 degrees 22 minutes 57 seconds West,a distance of 70.89 feet to a 1/2-inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
3) North 15 degrees 24 minutes 59 seconds West, a distance of 189.50 feet to a 1/2-inch iron rod
found for the westernmost corner of said 5.163 acre tract and the herein described tract, same
marking the southernmost corner of that certain called 2.763 acre tract of land described in a
Special Warranty Deed to Jean L Ringer,as recorded in Volume 13203,Page 148,R.P.R.T.C.T.;
THENCE, with the common northwesterly line of said 5.163 acre tract and the southeasterly line of said
2.763 acre tract, the following two(2)courses and distances:
e1m6.ro No 5116
1) North 56 degrees 56 minutes 36 seconds East, a distance of 98.46 feet to a 1/2-inch iron rod found
for a corner of the herein described tract; ]prn
�x
2) North 56 degrees 49 minutes 43 seconds East,a distance of 428.18 feet to a 1/2-inch iron rod found o a
for a corner of the herein described tract, said point marking the common northernmost comer of T Ja=i
said 5.163 acre tract,the easternmost corner of said 2.763 acre tract,and the westernmost comer of
said 1.069 acre tract;
THENCE, North 56 degrees 52 minutes 06 seconds East, with the northwesterly line of said 1.069 acre
tract, and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF
BEGINNING and containing 5.217 acres (227,259 square feet) of land,more or less,based on the survey
and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July of 2013.
That I, Daniel M. Flaherty, 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 direction and supervision.
E•OF T
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o
�- • e tiN
DANIEL M.*FLAHEhi
Daniel M.Flaherty,R. .L.S.No.5004 .�'.............................
5004
The Wallace Group,Inc. 'S''9oa o..pe
One Chisholm Trail,Suite 130 y0.•SUR`l�y
Round Rock,Texas 78681
Ph.(512)248-0065
22951-FN05.doc 07-29-2013
Date
Page 2 of 2
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I ft BRUSHY CREEK
REGIONAL UTILITY AUTHORITY
A Partnership of Cedar Park. Leander. and Round Rock
June 15,2016
Gary and Cathy Gross
16613 Jackson Street
Volente,Texas 78641
Re: Cause No. C-1-CV-14-007201; City of Leander v. Gary and Cathy Gross;
Proceeding in Eminent Domain,in the County Court at Law No. 2,Travis
County,Texas
Dear Mr. and Mrs.Gross: 01--b.,,,4.,S„
The Brushy Creek Regional Utility Authority, Inc. ("BCRUA") and its successors
and assigns agree that it, and its successors and assigns, will not seek to enforce the 1,000 0 x
foot restricted zone pursuant to 30 TEx. ADNmv. CODE § 290.41(e)(2)(B) against Gary and T
Cathy Gross, and their successors and assigns to the extent such would prevent construction _-'
of a residential-only boat dock or ramp that is within that 1,000 foot zone but outside the 200 b0
foot zone also in the statute.
The parties mutually agree that the foregoing agreement represents part of the
consideration for the settlement of the above-captioned condemnation proceedings. Gary and
Cathy Gross have relied on the BCRUA's agreement not to seek to enforce the 1,000 foot
restricted zone only as it may be interpreted to prohibit a non-public dock or ramp pursuant
to 30 TEx. ADmiN. CODE § 290.41(e)(2)(B) against Gary and Cathy Gross and their
successors and assigns, and Gary and Cathy Gross reciprocally acknowledge that all
activities including establishment of boat docks and ramps will be prohibited within a 200
foot restricted zone (unless specifically modified by the Texas Commission on
Environmental Quality("TCEQ")).
Gary and Cathy Gross
June 15, 2016
Page Two
If the foregoing is agreeable,please sign below where indicated to confirm BCRUA's
agreement.
Sincerely,
Tom Gallier
President
Brushy Creek Regional Utility Authority,Inc.
AGREED:
Gary Gross
BI-bV9 1h 511!
b4
Cathy Gross IX
DATE: June 13, 2016
SUBJECT: BCRUA Board Meeting—June 15, 2016
ITEM: 7C. Consider a resolution authorizing the President or General Manager to execute
a letter agreement between BCRUA and Gross confirming certain development
restrictions incident to the final settlement agreement between the City of
Leander and Gross.
PRESENTER: Tom Gallier,General Manager