Loading...
CM-2024-181 - 6/28/2024Sheets & Crossfield, PLLC ATTORNEYS AT LAW 309 Fast Maori Street . Round Rock, TX 78664 5246 Phone 512-255-8877 . fax 512-255-8986 Johmu<scrrlaw corn June 13, 2024 Via e-mail; matt, bhlawgroup.com Matt Harriger Brady & Hamilton Womack McClish 805 E. 32nd Street, Suite 200 Austin, Texas, 78705 RULE 11 SETTLEMENT AGREEMENT Re: City of Round Rock vs. Edd Mack Fulkes, III and Unknown Heirs of Nancy Carolyn Fulkes; Cause No. C-I-CV-21-003235; fled in the County Court at Law No. I of Travis County, Texas; BCRUA; Parcel No. 98 Dear Mr. Harriger: This letter will serve as a Rule l I Settlement Agreement ("Agreement") between the City of Round Rock, Texas ("City") and EDD Mack Fulkes, III ("Owner"), (collectively the "Parties") as to the following: Subject to final approval by the City of Round Rock, the Parties agree to settle this case for the total amount of $15,000.00. 2. The City agrees to pay the total compensation of $15,000.00 in complete settlement of any and all claims which have been or which could have been made as a result of the events giving rise to the filing of the live petition in this case, including, but no limited to, the compensation for the City's acquisition described in Exhibit "A" ("Property"), attached hereto, any and all real property improvements located thereon, damages to the remainder, if any, costs to cure, if any, as well as any other claims related to this case. The Property will be acquired through condemnation via a stipulated Special Commissioners' Hearing, after which the City will deposit the amount awarded by the commissioners into the registry of the Court. The Parties agree to waive their right to file objections to a stipulated award of $15,000.00; but if the commissioners award an amount other than the stipulated amount of $15,000.00, then the Parties agree to timely file objections and enter an agreed judgment for $15,000.00. 4. If a party outside of this Agreement contests value at the Special Commissioners' Hearing, or any other subsequent proceeding in the case, the City may terminate this contract and the Parties may proceed with this lawsuit as if there had never been an agreement. 60,,20.2 �---/6f/ In the event this Agreement is not approved by the City of Round Rock and executed by an authorized representative of the City, this agreement is null and void and the Parties may continue with the case as if there had never been an agreement. 6. The Parties agree $15,000.00 is the final amount payable to all parties in this case and is inclusive of any pre judgment interest. Post judgment interest, if any, is tolled for a period of 45 days after the Court signs a judgment in this case. If the City fails to pay the $15,000.00 amount within the 45 days of the Court signing the judgment in this case, then Owner shall be entitled to post -judgment interest at the statutory rate as of the date the judgment is signed by the Court, compounded annually, from the date the Court signs the judgment until payment is made. 7. The City's sole compensation obligation shall be the payment of $15,000.00. Any compensation claims made in this case by parties to this lawsuit shall be satisfied from this payment without further recourse to the City. 8. This Agreement may be filed as a Rule I I agreement. 9. The Parties bear their own cost of court as incurred. If this letter correctly sets forth the terms of our agreement and the settlement reached between the City and Owner, please so indicate by having the appropriate persons execute this letter in the space indicated below and return it to my attention for filing with the Clerk. If we need to make alternate arrangements for pickup or collection of the document just let us know that as well. Very truly yours, Is/John Kelley John L. Kelley Sheets & Crossfield, PLLC Attorneys for City [signalure page follows] 2 AGREED AND ACCEPTED: Is/ Matt Harriger (with permission) Date: 6/13/2024 Matt Harriger Brady & Hamilton * Womack McClish SBN: 24072765 matte: bh I awp-roun, com Attorneys for Condemnee Edd Mack Fulkes, Ill Is/ Luke Dow (by permission) Date: 6/13/2024 Luke Dow Wenholz Dow, PC SBN: 00793636 Idow,,& wenholzdow_com Attorney Ad Litem for Condemnees Unknown Heirs of Nancy Carolyn Fulkes, Deceased AGREED AND ACCEPTED: CITY OF ROUND ROCK, TEXAS By: Laurie Hadley City of Round Rock, City Mana r Date: BCRUA 098 EDD MACK FULKES, III AND WIFE, NANCY CAROLYN FULKES Walker Partners engineers * surveyors 804 Las Cimas Pkwy., Suile 150 Auslin, Texas 78746 0.288 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 0.288 ACRE STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 9.427 ACRE TRACT DESCRIBED IN A DEED TO EDD MACK FULKES, III AND WIFE, NANCY CAROLYN FULKES, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2011145737 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) SAID 0.288 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1I2" IRON ROD WITH CAP STAMPED "HOLT CARSON, INC.- FOUND IN THE WEST MARGIN OF NAMELESS ROAD, MARKING THE SOUTHEAST CORNER OF A CALLED 18.853 ACRE TRACT DESCRIBED IN A DEED TO A.T. HOLDING - TRAVCO, LLC, OF RECORD UNDER T.C.C.D. 2011145738 OF SAID O.P.R.T.C.T. AND THE NORTHEAST CORNER OF SAID 9.427 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE AN ARC LENGTH OF 119.73' WITH A CURVE TO THE LEFT, ALONG THE WEST MARGIN OF NAMELESS ROAD, WITH THE EAST LINE OF SAID 9,427 ACRE TRACT, HAVING A RADIUS OF 1186.00'. A CENTRAL ANGLE OF 05'47'04" AND A CHORD WHICH BEARS S 31'49'06" E - 119.68' TO A POINT AT THE END OF SAID CURVE; THENCE S 34°29'32" E-439.19' CONTINUING WITH THE WEST MARGIN OF NAMELESS ROAD, ALONG THE EAST LINE OF SAID 9.427 ACRE TRACT, TO A 112" IRON ROD WITH CAP STAMPED "RPLS 5784" FOUND MARKING THE NORTHWEST CORNER OF A CALLED 14.90 ACRE TRACT DESCRIBED IN TRACT "A" IN A DEED TO MARY F. CAMERON AND HUSBAND, CLAUD G. CAMERON, OF RECORD UNDER T.C.C.D. 2008021031 OF SAID O.P.R.T.C.T. AND THE SOUTHEAST CORNER OF SAID 9.427 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 81°08'65" W - 22.1 B' WITH THE COMMON LINE BETWEEN SAID 14.90 ACRE TRACT AND SAID 9.427 ACRE TRACT, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD WITH CAP STAMPED "HOLT CARSON, INC." FOUND MARKING THE SOUTHWEST CORNER OF SAID 9.427 ACRE TRACT BEARS S 81 °08'55" W - 828.87 ; THENCE THROUGH THE INTERIOR OF SAID 9.427 ACRE TRACT, THE FOLLOWING EIGHT CALLS: 1) N 34°29'32" W-419.93' TO A POINT FOR CORNER, 2) S 56"50'41" W - 35.23' TO A POINT FOR CORNER, 3) N 33°09'19" W - 20.00' TO A POINT FOR CORNER, 4) N 56°50'41" E - 34.77' TO A POINT FOR CORNER, 5) AN ARC LENGTH OF 101.46', WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1206.00'. A CENTRAL ANGLE OF 04°49'13" AND A CHORD WHICH BEARS N 31 °48'20" W - 101 AT TO A POINT FOR CORNER, 6) S 61°33'67" W - MAT TO A POINT FOR CORNER, www.WalkerPortners.com TBPE Regisirailon No. 8053 I MPLS Regislraiion No. 10032500 G:\Projects\3-00619\3 Phase 2 Land Righls\I Survey\1.5 Final Copies\Field Notes\FN-98.docx 7) N 28.26'03" W - 20.00' TO A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, N 61.33'67" E - 25.80' TO A POINT FOR CORNER IN THE COMMON LINE BEWEEN SAID SAID 9.427 ACRE TRACT AND SAID 18.853 ACRE TRACT, FROM WHICH A 112" IRON ROD WITH CAP STAMPED 'HOLT CARSON, INC " FOUND MARKING THE NORTHWEST CORNER OF SAID 9.427 ACRE TRACT, BEARS S 80-23-45" W -- 756.18'; THENCE N 80.23'45" E - 30.85' WITH THE COMMON LINE BETWEEN SAID 9.427 ACRE TRACT AND SAID 18.853 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.288 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED SURVEY AND EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED: AUGUST 16, 2017 fRELAED: JULY 26, 2018 �� O F TF %... �PgotQQw-P.R�o �cn —OZ WARREN L. SIMPSON, R P.L S 22 WARREN L. SIMPSON 824 PROJ NO.3-00619 " o "41 4.'�;,; PLAT NO. A3-1487 �y •�; ESSI ��� FIELD NOTE NO. 098 ¢ MAP CHECKED: 07/1812018-JBM www. W a I k e r P a rtn ers.c om G:\Projects\3.00619\3 Phase 2 Land Rights\I Survey\1.5 Final Copies\Field Noles\FN-98 docx BORUA 098 EDD MACK FULKES, III AND WIFE, NANCY CAROLYN FULKES W LEGEND CU RVE TABLE O •JR'iRONROD FOUND %VIMCAP CURVE LENGTH RADIUS DELTA CHORD &TAMPED'HOLTCARSONBIC' C•1 119.7.T 1186X 5.47V4' S31-4706•E.II&W (UNLESS OTHERVASE NOTEDI G2 i01.16' i20&0Y 1.44FIT N31'46'20'W1oL.IT ( j • DEED CALLS y DR.T.C.T. -DEED RECORDS TRAVIS FIELD NOTE IWIRONRCO FOUND COIINTr TEXAS WITHCAPSTAMPED T.GG,D. •TRAVIS COUNTYPOINT OF BEGINNING w 8510/• CLEWSOMUME14T GRID COORDINATES OP.R.T.GT. -OFFICLALPUeLICRECORDS N:L0161095.04' B;i034BSB:i.S POWERPOL£AND TRAVIS COUNTY. TEXAS ijp0pllr i��f+`� . ��1rBf � CFLity "p 14" LIJrO 'A ORAVEL =EASENENiAREA _ OI+Q1]56. t �,i g ) a1,569stt CAq98 9' Z 9 DRIVE ---K-- =WLREFENCf i'^"� vpiHV . PtAi1TER -0- •uIlHYPOLE L A19.93" 1N L-i —E — = OVERHEAD ELECTRIC LINE N 34'29'g2~ � a GATE ICY PAD M =TELEPHONERISER L-8 D.28BACRE L L-7 L•6 EASEMENT A.T. HOLDING. TRAVCO, LLC CALLED I&B53 ACRMS i,C.C-D. 24N 145136 O.P.RT.GI. LINE TABLE LINE I DIRECTION I IENGTH L•1 Sei•ob'65'w 223r L•2 S56•SQ4rw 35 X L-] N33-(wIYW nor W N 36.MAP E 5137' L.5 5 6I. 33' 67' W 35.IT La N28.21V03'W NIX L-7 N61.33'S7'E 25.00 1.4 N 80' 23.4V E 3o.8S SU1VEYW5WT£S: SURVEYED:AUGUST 16.2017 RELEASE OATS. JIAY 26.2018 FIELD NOTES ATTACHED HERETO, MADE APART HEREOF AND TJILEO: 0.200 ELECTRIC EASEMENT LOCATED IN THE J03E ANTONIO YBARBO SURVEY ABSTRACT 140. TRANS COUNTY, TEXAS. THE SURVEYOR CND N3 T ABSTRACT THE SUI IECT TRACT. THIS SURVEY WAS PERFORUEO VATHOUT THE BENEFIT OF A TIRE REPORT, THERE(ORE THE SURVEYOR CERTIFIES THAT EABQAENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. H06EVER, THE SURVEYOR DOES NOT GUARANTEE THAT AL. EASEMENTS, RESTRICTIOYSOR ENCIWRRANCES(ERHERCFRECORD OR NOT OF RECORD. Y"CH MAY AFFECT TILE SUILECT TRACT ARE SHOVM HEREON EDD MACK FULKES, RI AND VAFE, NANCY CAROLYN FULKES CALLED9.427 ACRES T.C.C.D.2011145737 O,P.R.T.Cil AT. HOLDING - TRAVCO LLC CALLED 1S153 ACRES T.C.C.0.2011146130 OP.R.TM;.T. AWRY F CAMERON AND HUSBiVdO, CLAUD G CAMERON CALLED WAACRES WAWA' T.C.C.0. 2op802i031 O.PJL7,C.7, mg 3 .e.- �� 1 �. "09 17Y IRON ��� RODFOUND EXHIBIT OF A 0208 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO TBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEIAS, BEING A PORTION OF A CALLED 9A27 ACRE TRACT DESCRIBED IN A DEED TO EDD MACK FULKES, III AND WIFE, NANCY CAROLYN FULIRS, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2011145737 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. THE BEARINGS AND COORDINATES SHD51M HEREON ARE • • . • i • • • i i • • • • i • ++ BASEDUDON THE FEXASSIATEPLANE COORNINA)E RRREN�. SIrYiPSd SYSTEM. HAD &I CE4 LRAL ZONE ACQUIRED FROM GLOBAL • ■++•+•+••++r••+.• POSHMINGSYSrfMOBSf.RVATIONS.IXSTANCES SIMN 4i22,,�Q`�+0� HEREON ARE SURFACE VALUES. W REEL MPSUN. Kp.L1_14122 .SURv�G QCF PITIGHI ALL R(GHISRRSF.16-0) � .. too 701 4RY1 Talker Partners (D GRAPHIC SCALFi IN FEET engineers * surveyors eol . anal PMY. 6LI, ISO • AwAl. f.r.478744 PIATNO, AI.I497 PRC]J W). 34b161V DRAFTFSD 07 IB I P_ I S9 4v4wi • rBP.E R.4bb.&.' m.am TAB NA FIN NO 498 FBWC', U/12 DRAWN BN' jEIM 1.&P.LS. R[ ktr.1 n NG 10194317 D1rG NAAT113-0061SESMT-PARCELOM- MAPCHK'D 071R t FUL*S,DWG w i 0 4- m W i A EXHIBIT ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That Edd Mack Fulkes, III and Nancy Carolyn Fulkes, for and in consideration of ONE DOLLAR ($1.00) in hand paid by the City of Round Rock, Texas, has granted, sold, and conveyed and by these presents does grant, sell, and convey unto CITY OF ROUND ROCK, TEXAS ("Grantee") an easement and right- of-way as hereinafter described for the purpose of an electric distribution line consisting of variable number of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and cable television wires, props, guys, and anchors) over, across and upon the following described lands located in Travis County, Texas, to -wit: All of that certain 0.288 acre (12545.28 square foot) tract in the .lose Antonio Ybarbo Survey, Abstract No. 840, Travis County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. With guying easements as needed, together with the right of ingress and egress over Grantor's adjacent lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling, hanging new wire on, maintaining and removing said lines and appurtenances; provided however the right to use such adjacent lands shall only be permitted if there is no reasonably available access to the easement area from a public right of way; the right to relocate the lines within the limits of said easement and right-of-way; the right to remove from said lands all trees and parts thereof, or other obstructions which endanger or may interfere with the efficiency of said lines or their appurtenances. Grantor warrants that Grantor is the owner of said property and has the right to execute this easement. TO HAVE AND TO HOLD the above described easement and rights unto Grantee and its successors and assigns, until said easement and rights shall be relinquished. This casement may be assigned by Grantee. Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever defend all and singular the above described easement and rights unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS my hand this _day of [slgnalure page follows] Parcel 98 (Fulkes) 20 GRANTOR: By: Edd Mack Fulkes, III Date: THE STATE OF TEXAS COUNTY OF By: Nancy Carolyn Fulkes Date: BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes and consideration therein exprossed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 THE STATE OF TEXAS COUNTY OF Notary Public in and for The State of Texas BEFORE ME the undersigned authority, on this da g y, y personally appealed known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the some for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ _ day of 20 Please Return to: Notary Public in and for The State of Texas Cobb, Fendley & Associates, Inc. / Right of Way Department 505 E. Huntland Drive, Suite 100 Austut,'rX 78752 Parcel 98 (Fulkes) 2 Ak v I 3C S y M KC l4OC+C4/C4 � 'WOYM MOM 4 LIMY SIIllRIti UWM MM WO C XS N4YlO�MY :S 1 ! � w LL .