R-2025-261 - 10/9/2025 RESOLUTION NO. R-2025-261
WHEREAS, the City of Round Rock ("City") used its eminent domain authority and initiated
a condemnation suit designated as Cause No. C-1-CV-21-001901 for the acquisition of certain
property interests from Mark L. Etheridge and Linda M. Etheridge ("Condemnees"), with such
property required for the BCRUA Phase 2 Raw Water Delivery Project; and
WHEREAS, City and Condemnees have now agreed to a negotiated settlement of the
condemnation lawsuit in Cause No. C-1-CV-21-001901; and
WHEREAS, City and Condemnees wish to enter into a Final Judgment for the acquisition of a
0.158 acre aerial electric easement parcel required for the BCRUA Phase 2 Raw Water Delivery
Project, 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 Final
Judgment in the condemnation lawsuit in Cause No. C-1-CV-21-001901, 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.
RESOLVED this 9th day of October, 2025.
CRAI ORG , Mayor
City of ound ck, Texas
AT ST:
AN FRANKLIN, City Clerk
0112.20252.4922-5019-8891
EXHIBIT
A
BCRUAPh2—Parcel 77EE
CAUSE NO. C-1-CV-21-001901
CITY OF ROUND ROCK,TEXAS § IN THE COUNTY COURT
CONDEMNOR §
V. § AT LAW NO. 1
MARK L.ETHERIDGE AND §
LINDA M.ETHERIDGE,Et aL §
CONDEMNEE § TRAVIS COUNTY, TEXAS
FINAL JUDGEMENT
City of Round Rock,Texas("Condemnor")and Condemnees Mark L.Etheridge and Linda
M. Etheridge have agreed to compromise and settle the issues in this lawsuit and request entry of
this Final Judgement by the Court. It appears to the Court that it has jurisdiction of this matter,
and that the Condemnor and Condemnees Mark L.Etheridge and Linda M.Etheridge have agreed
to all of the provisions contained within this Judgement and desire to resolve this lawsuit upon the
terms as follows.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that an electric utility
easement interest for aerial purposes only in, over, across, and to approximately 0.158 acres
(Parcel 77) of land in Travis County, Texas (the "Property"), said property more particularly
described or shown in Exhibit"A", attached hereto and incorporated herein for all purposes; and
as further described in Plaintiff's Third Amended Original Petition,filed among the papers of this
cause on or about March 4,2022,and any subsequent live pleading amendments thereto;excluding
all the oil, gas, and sulphur which can be removed from beneath said real property, without any
right whatever remaining to the owner of such oil, gas, and sulphur of ingress or egress from the
surface of said real property for the purpose of exploring, developing, or mining of the same, be
vested in CITY OF ROUND ROCK TEXAS, and its assigns for the purpose of constructing,
reconstructing, replacing, building, upgrading, renewing, removing, inspecting, cleaning,
4294-8274-9972
changing, modifying, and/or maintaining facilities, utility connections and all other necessary
appurtenances to and for electrical services in support of the regional water treatment and
distribution system of the Brushy Creek Regional Utility Authority and its participating cities, and
to perform associated public use and purposes (the"Project").
The easement rights acquired and conveyed in and to the Property by this Judgment are
described in Plaintiff's Third Amended Petition filed on or about March 4, 2022, and any
subsequent amendments thereto, and described in further detail in the Electric Utility Easement
Aerial Purposes Only document in Exhibit "B" attached hereto and incorporated herein, and for
no other purpose(the"Easement").
It is further ORDERED that in complete satisfaction of any and all claims which have been
made or which could have been made in this litigation, including the Property and Easement to be
acquired and any damages to any remaining property of Condemnees, that Condemnees shall
recover from Condemnor the total sum of ONE HUNDRED FIFTY-TWO THOUSAND FIVE
HUNDRED and 00/100 Dollars ($152,500.00), of which total amount:
1. Pursuant to the Award of Special Commissioners, ONE HUNDRED SIXTY
THOUSAND AND 00/100 DOLLARS($160,000.00)was previously deposited within
the registry of this Court on March 29, 2022, and which amount was withdrawn in full
and payable to Condemnees by Order dated June 17, 2022, and filed among the papers
of this Cause.
2. Therefore,there is now due and owing from Condemnees Mark L. Etheridge and Linda
M. Etheridge to Condemnor,City of Round Rock,a return payment amount of SEVEN
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($7,500.00), and which
amount shall be delivered by check or other good funds payable to CITY OF ROUND
ROCK, and delivered by certified mail, return receipt requested or hand delivery to:
Sheets&Crossfield,PLLC,ATT: LISA DWORACZYK,309 East Main Street,Round
Rock, Texas, 78664. If the return amount is not paid and delivered on or before the
expiration of sixty (60) days following the entry of this Judgment by the Court, then
interest shall accrue beginning on the sixty-first (61st) day at the post judgment
statutory rate existing as of the date of entry and filing.
2 of 6
It is further ORDERED that Defendants INTERCONTINENTAL EXCHANGE
HOLDINGS INC. f/k/a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and
PHH MORTGAGE CORPORATION f/k/a OCWEN LOAN SERVICING, LLC have not made
an appearance or prosecuted any claims in this case, or have otherwise executed sworn releases of
their lien interest in and to the Property, and shall TAKE NOTHING by this Judgment.
It is further ORDERED that all costs of court are hereby adjudged against the party
incurring said costs.
It is, finally, ORDERED that this Final Judgment fully and finally disposes of all parties
and claims raised in this cause and is appealable.All relief not expressly granted is denied.
SIGNED this day of ,2025.
Judge Presiding
3 of 6
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
John L. Kelley
State Bar No. 24089109
john@scrrlaw.com
Don Childs
State Bar No. 00795956
don(a,scrrlaw.com
SHEETS & CROSSFIELD, P.L.L.C.
309 East Main Street
Round Rock, Texas 78664
512.255.8877
ATTORNEYS FOR CONDEMNOR
CITY OF ROUND ROCK, TEXAS
4 of 6
APPROVED AND AGREED AS TO SUBSTANCE AND FORM:
Bre amilton
State Bar No. 00796696
brent@a,bhlawgroup.com
Matthew A. Harriger
State Bar No. 24072765
matt(abhlawgroup.com
Brady & Hamilton Womack McClish
805 E. 32" St, Ste 200
Austin, Texas 78705
Ph: (512)478-4995
Fax: (512)478-6022
ATTORNEYS FOR CONDEMNEES
MARK L. ETHERIDGE AND LINDA M. ETHERIDGE
5 of 6
AGREED AND ACCEPTED:
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
6 of 6
FINAL JUDGMENT
EXHIBIT "A"
EXHIBIT
BCRUA 077 1 A
MARK L.ETHERIDGE
®Walker Partners
engineers * surveyors
804 Las Cimas Pkwy.,Suite 150
Austin,Texas 78746
0.158 ACRE
ELECTRIC EASEMENT
LOCATED IN THE S.HAYFORD SURVEY,ABSTRACT 2246,
THE G.W.DRAPER SURVEY,ABSTRACT 229 AND
THE R.BLACKWELL SURVEY,ABSTRACT 83
IN TRAVIS COUNTY,TEXAS
FIELD NOTES FOR A 0.158 ACRE STRIP OF LAND LOCATED IN THE S.HAYFORD SURVEY,ABSTRACT 2246,THE G.W.
DRAPER SURVEY,ABSTRACT 229 AND THE R.BLACKWELL SURVEY,ABSTRACT 83,IN TRAVIS COUNTY,TEXAS,BEING A
PORTION OF A CALLED 49.820 ACRE TRACT DESCRIBED IN A DEED TO MARK L.ETHERIDGE,OF RECORD UNDER TRAVIS
COUNTY CLERK'S DOCUMENT(T.C.C.D.)2003261029,OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS
(O.P.R.T.C.T.).SAID 0.158 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 A 1/2"IRON ROD WITH CAP STAMPED"JACOBS PROP.COR."FOUND IN THE WEST MARGIN OF TRAILS END
ROAD(80'WIDE),MARKING THE NORTHEAST CORNER OF SAID MARK L.ETHERIDGE 49.820 ACRE TRACT AND THE
HEREIN DESCRIBED EASEMENT,BEING THE SOUTHEAST CORNER OF A CALLED 50.51 ACRE TRACT DESCRIBED IN A
DEED TO CARL SKILES AND SUSAN SKILES,OF RECORD UNDER T.C.C.D.2017165466 OF SAID O.P.R.T.C.T.;
THENCE WITH THE WEST MARGIN OF TRAILS END ROAD,ALONG THE EAST LINE OF SAID 49.820 ACRE TRACT,THE
FOLLOWING THREE(3)CALLS:
1) S 31°42'42"W—621.13'TO A 5/8"IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE LEFT,
2) AN ARC LENGTH OF 294.81'WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 995.25'AND A CHORD WHICH
BEARS S 23'13'45"W—293.73'TO A POINT AT THE END OF SAID CURVE,
3) S 14°28'30"W—59.87'TO A 1/2"IRON ROD WITH CAP STAMPED"WALKER PARTNERS"FOUND FOR THE
SOUTHEAST CORNER OF SAID 49.820 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT,BEING THE
NORTHEAST CORNER OF A CALLED 11.50 ACRE TRACT DESCRIBED IN A DEED TO LEROY S.BERGERON AND
BARBARA F.BERGERON,OF RECORD IN VOLUME 13379,PAGE 4839 OF THE REAL PROPERTY RECORDS OF
TRAVIS COUNTY,TEXAS(R.P.R.T.C.T.)
THENCE N 67°27'15"W—4.46'WITH THE COMMON LINE BETWEEN SAID 49.820 ACRE TRACT AND SAID 11.50 ACRE
TRACT TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 1/2"IRON
ROD MARKING THE NORTHWEST CORNER OF SAID 11.50 ACRE TRACT BEARS N 67'27'15"W—1275.75';
THENCE THROUGH THE INTERIOR OF SAID 49.820 ACRE TRACT THE FOLLOWING EIGHT(8)CALLS:
1) N 16°24'55"E—16.77'TO A POINT FOR ANGLE,
2) N 15°50'24"E—136.78'TO A POINT FOR ANGLE,
3) N 25°34'21"E—107.46'TO A POINT FOR ANGLE,
4) N 25°38'52"E—107.07'TO A POINT FOR ANGLE,
5) N 31°16'57"E—145.59'TO A POINT FOR ANGLE,
6) N 31°20'27"E—145.93'TO A POINT FOR ANGLE,
7) N 31°42'42"E—157.91'TO A POINT FOR ANGLE,
8) N 32°04'22"E—156.64'TO A POINT IN THE COMMON LINE BETWEEN SAID 50.51 ACRE TRACT AND SAID 49.820
ACRE TRACT,AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 1/2"IRON
PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID 49.820 ACRE TRACT BEARS
N 73°19'57"W—2726.63';
www.WalkerPartners.com
TBPE Regislralion No.8053 I TBPLS Registration No.10194317
G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Noles\FN-77.docx
THENCE S 73°19'57"E—9.33'WITH THE COMMON LINE BETWEEN SAID 50.51 ACRE TRACT AND SAID 49.820 ACRE TRACT,
RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.158 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED 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.
SURVEYED:AUGUST 24,2017 AND JANUARY 17,2022
RELEASED:JANUARY 25,2018
REVISED:AUGUST 23,2021 (REDUCED EASEMENT SIZE)
REVISED:JANUARY 17,2022(REMOVED GUY WIRE PORTION OF THE EASEMENT)
,<i"::\s ?*
WARREN L.SI PSON,R.P.L.S 4122 • `v -* ss
PROJ NO.3-00619 WARREN L.SIMPSON
PLAT NO.A1-1319
4122 icky
FIELD NOTE NO.077 \;/ji('.7'r SS\0'i,9
MAP CHECKED:01/17/2022-JBM `UR\JG
� r
www.WalkerPartners.com
2
G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-77.docx
BCRUA 077
MARK L ETHERIDGE
IQ'wal 1n'IRON ROD FOUND
LEGEND Y PIPE FOUND CARL SKIES AND SUSAN SKIES WM1 CAP STAMPED
CALLED S05I ACRES 'JACOBS PROP COI'
T.C.C.D.2017115468 FIELD NOTE
S =IRON ROO FOUND OP.R.T.C.T. ,
(UNLESS OTHERWISE NOTED) POINT OF BEGINNING
( ) =DEED CALLS N N73,195I. GRID COORDINATES /
D.R.T.C.T. =DEED RECORDS TRAVIS (N7r•?0,(0.1,212683, 173015373S 73'19'67"E 071
COUNTY,TEXAS 9.33'
T.C.CD. =TRAVIS COUNTY
CLERKS DOCUMENT W L '�
O.P.R.T.C.T. =OPTICAL PUBLIC RECORDS 641
TRAVIS COUNTY.TEXAS ^ra
R.P.R.T.C.T. =REAL PROPERTY RECORDS t�<,� GRAVEL
MRAVIS COUNTY,TEXAS S pay DRIVE
_• •- =EASEMENT AREA \•11�1 hry
O° =WASTEWATER MANHOLE j .P .0-AS
Al
=TRAFFIC SIGN ..,ON1,i,L ^9n C MANHOLE
=POTTER FOIE 'y' i� ,� , a •
b VAULT
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•0 JOPLUS2PE
—T— OVERHEAD TELEPHONE LONE 24'WATER—E— RHEAD ELECTRIC UNE MARKL.ETNERIDGE �
n•
CALLED 49.820ACRES e /bry
SURVEYORS 7101Es: T.C.C.D.2003261029 Q
\
SURVEYED AUGUST 30.2017 AND JANUARY 17.2022 O.P.R.T.C.T. CONCRETE ? L+*•* ."-�
DRIVE np AN 1 AN. a_
RELEASE DATE:JANUARY 25,2018 KEYPAD - Ab y aT‘ V.
REVISED AUGUST 23.2021:REDUCED EASEMENT SIZE - •+ O R �,, y
REVISED JANUARY 1T,2022:REMOVED GUY WARE PORTION 0.158 ACRE JL 0 �� ti.
OF EASEMENT ELECTRIC - n� :tiy. \��� 5
FIEND NOTES ATTACHED HERETO.MADE APART HEREOF EASEMENT V�E ��. _ ks, a'`o +/� �:?;', 0' ^
AND TITLED: �J7"EL ' A,�' -a ,� .1 1
HAYFORO SURVEY ABSTRAACRE ELECTRIC EGTE2216,T OTHETED IN THE S. ci G.W.ORAPER EJJ'=- 4y'� t},`II'
'05�t�Y 1 ••
ABSTRACT 83,IH'TRAVIS COUNTY,TEXASRACT no AND THE R. CKIVELL SURVEY, 1YP01�'�1(%•a AWNING ((,01 BUILDING n • .�,,`�,�
THE SURVEYOR ND NOT ABSTRACT THE SUBJECT TRACT. ��\) Mo^
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF ( 's FNC `Po, r`
AIITLE REPORT,THEREFORE THE SURVEYOR CERTIFIES �' FENCE
THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE ,/*' 1p
BEEN ADDRESSED HEREON.HOWEVER,THESURVEYOE • • c�lA q
DOES NOT GUARANTEE THAT All EASEMENTS. ,A, 5l8'IRON ` K
RESTRICTIONS OR ENCUMBRANCES(EITHER OF RECORD II,OR NOTOF RECORD)WHICH MAY AFFECT TIE SUBJECT //,,/TIFOUHS
4c,p /
TRACT ARE SHOWN HEREON. I0 \.,ITHE BEARINGS AND COORDINATES SHOWN HEREON ARE •F, N
BASEDUPON THE TEXAS STATE PLANE COORDINATE , co
SYSTEM.HAD 83,CENTRAL ZONE ACQUIRED FROM GLOBAL
Li
POSITIONING SYSTEM OBSERVATIONS. D=16'68'19" (R.995.251 `! 3
R=995.25' \ o
01.203.58)
b>V 4, L=294.81' `U
3^,,,/// CHD=293.73' (S 23'055 VQ
�ryh%/ 329'1346-w EXHIBIT
- / OF A 0.168 ACRE ELECTRIC EASEMENT LOCATED IN THE S
J •+ HAYFORD SURVEY,ABSTRACT 2246,THE G.W.DRAPER SURVEY, ;;c,{
•1 ABSTRACT 229 AND THE R.BLACKWELL SURVEY,ABSTRACT 83 CI 11Y IRON PIPEPoIN3
NAMING N. .00F81ER /w IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A CALLED
LEROY BEIB)1M)N
GRIM 1130ACRE TRACT yJ 49.820 ACRE TRACT DESCRIBED IN A DEED TO MARK L IL
/4,4• a ETHERIDGE OF RECORD UNDER TRAVIS COUNTY CLERK'S
u�
3r'l9.5, N 18'24'65"E o 6 DOCUMENT 20032131028 OF THE OFFICIAL PUBLIC RECORDS OP -.
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/4877.E w aq 18.7E _�' S 1(S 083743'W59.Ufl 7 TRAVIS COUNTY,TEAS, 4
W. 777
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FINAL JUDGMENT
EXHIBIT "B"
EXHIBIT
ELECTRIC UTILITY EASEMENT
P)
AERIAL PURPOSES ONLY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
THAT MARK L. ETHERIDGE AND LINDA M. ETHERIDGE, of Travis County, Texas, for good and valuable
consideration the receipt of which is hereby acknowledged, from the CITY OF ROUND ROCK, TEXAS, have
granted, sold, and conveyed and by these presents do grant, sell, and convey unto the CITY OF ROUND
ROCK, TEXAS and its successors and assigns, a permanent non-exclusive easement and right-of-way as
hereinafter described for an aerial electric distribution, and/or communication lines consisting of variable
number and sizes of wires, and all necessary or desirable appurtenances including insulators, telephone and
telegraph wire, cable and fiber optic communication systems; as related to the distribution of electricity, energy,
power, light, heat, or energy services; or broadband or any other services provided by the CITY OF ROUND
ROCK, TEXAS and its successors and assigns, over, across and upon the following described lands located in
Travis County, Texas, to wit:
Being all of that certain 0.158 acre tract in the S. Hayford Survey, Abstract No. 2246 and the
G.W. Draper Survey, Abstract 229 and the R. Blackwell Survey, Abstract 83, in Travis County,
Texas; being more fully described by metes and bounds in Exhibit "A," attached hereto and
incorporated herein.
Together with the right of ingress and egress over my (our) adjacent lands to or from said right-of-way for the
purpose of constructing, reconstructing, inspecting, patrolling, upgrading, hanging new wire on, maintaining,
repairing, operating, replacing and removing said aerial lines; the right to relocate within the limits of said 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 aerial lines. However, said right of ingress and egress over adjacent
lands will only be used in the event access to the easement area is not available from the right-of-way.
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 the CITY OF ROUND ROCK,
TEXAS and its successors and assigns, until said easement is released by written instrument executed by the
CITY OF ROUND ROCK, TEXAS or its successors and assigns and recorded in the Official Real Property
Records of Travis County, Texas.
And I (we) do hereby bind myself(ourselves), my (our) heirs and legal representatives to warrant and forever
defend all and singular the above described easement and rights unto the CITY OF ROUND ROCK, TEXAS
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 , 20
Grantor Signatures:
(Signature)
Mark L.Etheridge
(Signature)
Linda M.Etheridge
THE STATE OF TEXAS
COUNTY OF
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 to me that he executed the same for the purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20
Notary Public in and for
The State of Texas
THE STATE OF TEXAS
COUNTY OF
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 to me that he executed the same for the purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20
Notary Public in and for
The State of Texas
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