Contract - City of Round Rock v. Mark L. Etheridge and Linda M. Etheridge, et al Condemnee - 10/9/2025 IIIIIIIIIIIIIII VIII VIII 15 pgs 2025130604
Filed: 11/12/2025 11:50 AM
Dyana Limon-Mercado
Travis County Clerk
C-1-CV-21-001901
Andrea Scott
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.ETHERH)GE AND §
LINDA M.ETHE RIDGE,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 Plaintiffs Third Amended Original Petition, filed among(lie 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,
I Dym,Umoa-Mercado Cuu�y Cletk,t ng COO,
4294.8274.9972 {hal this Is a
Q1 MoNdo6v
fexea,do hereby cartnY
copy 93 same spurs
my eal a a on � 1U25
hand and s
. dna L ,�Y G11k
By DOW.
., nnlTl�/FRt1C
changuig, 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 vise and purposes(the"Project").
The easernent rights acquired and conveyed in and to the Property by this Judgment are
described in Plaintiffs Thud 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 shalt
recover from Condemnor the total sura 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 Conunissioners, 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 ot'Round Rock, a return paynnent annount of SEVEN
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($7,500.00), and which
amount shall be delivered by check or other good fluids payable to CITY OF ROUND
ROCK, and delivered by certified mail, return receipt requested or hand delivery to:
Sheets&Crossfield,PLLC,ATT: LISA DWORACLYK,309 East Main Sheet, Round
Rock, Texas, 78664. If the return annount 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 acenne beginning on the sixty-first (61st) day at the post-judgment
statutory rate existing as of the date of entry and filing.
I Dyana 1.1am Mercado County Clerk,Travis County, Z of 6
Mas,do hereby certify 6t Mis a tnta and
owredWitness copy as same appears of rt�prc�ppry ttlop. 2025
VYftrress my hand and seal of office o�N(UjV 1
"�1 Dyana Lbnon-Mercado,County Cbrk
. By DepvAy
R. ONTiVEROS
It is further ORDERED that Defendants INTERCONTINENTAL EXCHANGE
HOLDINGS INC. f/k/a MORTGATE 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 NOTIIING by this Judgment.
Il is further ORDERED that all costs of court arc 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.
�l+ut- is il►g--
I Dyana Limon-Mercado Co,,rnty Clerk,TwAs County, 3 of 6
Mas,do hereby car*(hat ill is a"and
correct copy as same appears o1 record in my oft.
Whness my hand and seal of oft off,^
NUV 2 2�2
Dyana limon-Mercado, my Clerk
By Deputy:
R. ONTIVEROS
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
Jot L. Kelley
State Bar No.24089109
iofin(@scrr1aw.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
I Dyam Limon-AlwMo Camp/Clerk,Travis County, 4 of 6
texas,do hmby cutt fy Thatflh! Is Aa hm ajnnd q
WRriess ted myyhand nd Sweat of(0910 A V V y 4 1 5
l�1 Dyana Limon-Mareado,County Cleric
BY Deputy:
R. ONTIVEROS
APPROVED AND AGREED AS TO SUBSTANCE AND FORM:
t
Brei Hamilton �\
State Bar No.00796696
brent(aftlawerouu.com
Matthew A. Harriger
State Bar No.24072765
matUbhlawgroup.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
Dyana LanonAlorcado County Clork Travis County,
fixes,do hereby certly That this Is a Re end 5 of 6
correct copy as sarna appears of record In my office.
Witness my hard and seal of office on NOV 2 1 7015
c� Dyana Limon-Mercado,County Clerk
• By Deputy:
OF—
R. ONTIVEROS
AGREED AND ACCEPTED:
CITY OF ROUND ROCK,TEXAS
By: � �A r
Craig Moi an, M< or
i Dyana Limon-llercado Canty Cte.* Travis Cou
tem'do Eby certity khat tAis is a true artd
mss mpyhand and a "of lewd In my omce. 6 of 6
Y seat of o1fMe on
I Dyana Llmon.Mercado,�ty C�1 2025
- By Deputy;
R. ONTIVEROS
FINAL JUDGMENT
EXHIBIT "A"
Dyana limon-Mercado County Clerk,Travis County,
1`exas,do hereby cetihr Q this Is a true and
correct COPY as Sema appears of record In my office.
Witness my hand and seat of offiI .Ace 0 2 � 2025
NOVDyana Limon-Mercado,County Clerk
J• By Deputy;
R. ONTIVEROS
EXHIBIT
I3CRUA 077
MARK L.ETHERIDGE
Oengineers' lla Partners
* surveyors
804 Las Cimos Pkwy.,Sulle 150
Austin,Texas 78746
r
0.158 ACRE
ELECTRIC EASEMENT 1
LOCATED IN THE S.HAYFORD SURVEY,ABSTRACT 2246, I
THE G.W.DRAPER SURVEY,ABSTRACT 229 AND
THE R.BLACMVBLL SURVEY,ABSTRACT'83
IN TRAVIS COUNTY,TEXAS
FIELD NOTES FOR A 0.160 ACRE STRIP OF LAND LOCATED IN THE S.HAYFORD SURVEY,ABSTRACT 9246,-THE G.W.
DRAPER SURVEY,ABSTRACT 220 AND THE R.BLACKWELL SURVEY,ABSTRACT 03,IN TRAVIS COUN IY,T EXAS,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.)2003261020,OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS
(O.P.R.T.C.T.).SAID 0.168 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 172'IRON ROD WITH CAP STAMPED'JACOBS PROP.COR'FOUND IN THE WEST MARGIN OF TRAILS END
ROAD(60'WIDE),MARKING THE NORTHEAST CORNER OF SAID MARK L.ETHERIDGE 40.020 ACRE TRACT AND THE
HEREIN.DESCRIBED EASEMENT,BEING THE SOUTHEAST CORNER OF A CALLED 60.61 ACRE:TRACI DESCRIBED IN A
DEED TO CARL SMILES AND SUSAN SKILES,OF RECORD UNDER T.C.C.D.2017165466 OF SAID O.P.IT T.C.T.;
THENCE WITH THE WEST MARGIN OF TRAILS END ROAD,ALONG THE EAST LINE OF SAID 49.020 ACRE TRACT,THE
FOLLOWING THREE(3)CALLS:
1) S 31-42-42k'W--621.13'TO A 610'IRON ROD FOUND AT THE BEGINNING OF A CURVE TO TIiF.LEFT,
2) AN ARC LENGTH OF 294.01'WITH SAID CURVE_TO THE LEFT,I IAVING A RADIUS OF 995.'25'AND A CHORD WHICH
BEARS S 23'13'45'W—203.73'70 A POINT AT THE END OF SAID CURVE,
3) S 14'20'30"W—69.07'TO A 112"IRON ROD WITH CAP STAMPED'WALKER PARTNERS-FOUND FOR THE
SOUTHEAST CORNER OF SAID 49.020 ACRE TRACTAND THE HEREIN DESCRIBED EASEMENT,BEING THE
NORTHEAST CORNER OF A CALLED 11.60 ACRE TRACT DESCRIBED IN A DEED TO LEROY S.BERGERON AND
BARBARA F,BERGERON,OF RECORD IN VOLUME 13370,PAGE 4839 OF THE REAL PROPERTY RECORDS OF
TRAVIS COUNTY,TEXAS(R.P.R,T.O.T.)
THENCE N 67.27'16"W—4.46'WITH THE COMMON LINE BETWEEN SAID 49,620 ACRE TRACT AND SAID 11.0 ACRE.
TRACT TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 122'IRON
ROD MARKING THE NORTHWEST CORNER OF SAID 11.60 ACRE TRACT BEARS N 67'27'15'W—1276.76';
THENCE THROUGH THE INTERIOR OF SAID 49.020 ACRE TRACT THE FOLLOWING EIGHT(6)CALLS:
1) N 18'24'66"E—18.77'TO A POINT FOR ANGLE,
2) N 16'6074"E—130.70'TO A POINT FOR ANGLE-,
3) N 26.34'21"E—107.48'TO A POINT FOR ANGLE,
4) N 26'30'62"E—107.07'TO A POINT FOR ANGLE,
6) N 31.10'67"E—146.69'TO A POINT FOR ANGLE,
6) N 31'20'27"E--146,93'TO A POINT FOR ANGLE,
7) N31'42'42"E-167.91'TOAPOINT FOR ANGLE,
0) N 32604'22"E--160.64'TO A POINT IN THE COMMON LINE BETWEEN SAID 60.61 ACRE TRACT AND SAID 40.820
ACRE TRACT,AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 112"IRON
PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID 49.020 ACRE TRACT BEARS
N 73'19'67'W—2726.83';
1 Dyana Union-Mercado Count Clerk,Tm&Coun(y,
fielrea,Ef0 hereby certHy That rh 8 a we and
oorrect copy es sane appears of recons In rry 0".
VYtrleas my hand W4 soal of otnce on .,�. c&1 2025
Dyana Lirrwo-Mer o,G►1a�I�nry�
I
ByDeD R. rNTIVEROS www.WalkerPadners,com
TOPE RegistrollonNo.0053 1 TOPLSRoolskollonNo.10194317
G.\Prolecis\3-00619\3 Pliose 2 Lond Rights\I Survey\1.6 rinol Copies\EteM Nolos\FN•77.docx
THENCE S 73'19'67"E—9.33'WITH THE COMMON LINE BETWEEN SAID 60.61 ACRE TRACT AND SAID 49.620 ACRE TRACT,
RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.168 ACRE OF LAND.
I
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 03,
TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
SURVEYED:AUGUST 24,2017 AND JANUARY 17,2022
RELEASED:JANUARY 25,20W
fIEVISED:AUGUST 23,2021(REDUCED EASEMENT SIZE)
REVISED:JANUARY 17,2022(REMOVED GUY V41RE PORTION OF THE EASEMENT)
41 OF
WARREN L.SIMPSON,R.P. .S 4122 c� �p'.ytP
PROJ NO.3-00019 VIARR[N 1.SIMPSON
...
PLATNO.At-1319 :� 4122. ���:
FIELD NOTE NO.077
yy•�FESS10;.,10
MAP CHECKED:01/17/2022-JBM
V3/
I Dyana limon-Mercado County Cleric,Travis County,
fexas,do hereby certify khat this is a true and
omw ropy 83 same appears of record lnmy office.
VYtneas my hand and seat of otl9ce on�� „ 1 2025
Dyana Umon-Mercado, j�'
By Deputy:
R. ONTIVEROS
www.WalkerPa dners,c om
2
GAPtolec10-00619\3 Phose 2 Land Rlphh\I Sunoy\IS Find Coples\Fbkl Nolos\FN-77.docx
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S7J'/J'46'iY EXHIBIT
OFA 06180 ACRE BLNOTRIO BASEMBW LCCATAD IN 7116 C o
IIAYPORD SURVAY,AUSTRAOT 22/6,TUR O.W.DRAV6R SURVEY.
Irw,vrl':f02) AUSTYADY 929 AND THE R SLAOL\YB[C,DURYBY,AUSTRAOT 03
vJAagt1/.cotta IN TRAVIS COUNTY,TEXAS,DBIH(i A PORTION OF A CALIAT)
CAI U4 I1SDMAI 1CYJ ly 49.820 ACRE TRAOT DSSCRIBBD 1N A DBBD 70 MARX L.
ETURRIDOE OF RECORD UNDER TRAVIS COUNTY CURL'S
avAJ)'W, N
18'2IY'6•E 6 DOOU►lEtIT 2003r81029 OF T11B OPA201AL PUOLIO RECORDS OP
.S 14'2VJV'W 69.02' TRAVIS COUNTY,73m
ry.lyY lii 2 Isn•t70•Y�Hnj
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P�ngineers * surveyors
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! I Dyana Umon' , do County Clark,Tr"C"*, U\\'(i.NAFIU) IjtsFIT�Jntf _FrAP c21F:'0 1j11/ 1: s
texas,do hereby COM 11111111115 10 a w I--In
COE W coPY es mme appe!"s of ra Nn Y 2
V tr1 2025
ess my hand and seal Uf off4e on
l Dyana Limon-Mercado,County Clerk
By Deputy,
FINAL JUDGMENT
EXHIBIT "B"
I Dyana Umon-Mercado County Clerk,Travis County,
texas,do hereby certify{hat this Is a true and
correct copy as time appe?rs of f%W In my office.
WMiess my hand and seal of office onc
V 2 l_ �0��
� Dyana Llmon-Mercado,CoN�jr Cleric
�By Deputy,
EXHIBIT
ELECTRIC UTILITY EASEMENT I
AERIAL PURPOSES ONLY d
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 ItPreto 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(lie
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 (lie same or any
part thereof.
WITNESS my hand this day of 20
Grantor Signatures:
(Signature)
Mark L.Etherkige
(Stgnalure)
Linda M.Etheridge I Oyana Limon-MercadoCounty Clerk,Tra*County,
Texas,do hereby certify That this Is a We and
cared copy as mrne appears of roccord InmY�office.
vimness my hahi and seal of office on NOV 2 1 2025
Dyane Urrion-mmp Coiaq Clack
By DWitr
i:. NT�V-1 10S
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
LDyar .Lenon-M�do County Clerk,TraA Cmty,
Tons,do hereby certify ihat thla Ise true and
oared copy as same appears of record In m offlee.
W bress my hand and:eai of office on W60V z 1 2020
t" Dyano o,County Clerk
By Dep��
R. ONTIVEROS
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
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Envelope ID: 107951730
Filing Code Description: No Fee Documents
Filing Description: EMS 11 .12.2025 FJ
Status as of 11/14/2025 8:24 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Donald Childs 795056 don@scrrlaw.com 11/12/2025 11:50:16 AM SENT
Mylan Shaunfield 24090680 mylan@shaunfieldlaw.com 11/12/2025 11:50:16 AM SENT
Brent Hamilton brent@bhlawgroup.com 11/12/2025 11:50:16 AM SENT
Matthew Harriger matt@bhlawgroup.com 11/12/2025 11:50:16 AM SENT
Beth Reynolds beth@bhlawgroup.com 11/12/2025 11:50:16 AM SENT
I Dyana Liffv tercado Courty Clerk,Travfs County,
YJas,do hereby certify{hat this Is a W e end
cWW mpy as Fame appe2rs of rcoord In O'Y. 1025
%Itr>ess my hard and seal of oif �OV
ce J
Dyana Limon-Mercado,County Clerk
fioi By DeQuty
R. ONTIVEROS
FILED AND RECORDED
OF T OFFICIAL PUBLIC RECORDS
Dana Limon-Mercado, County Clerk
Travis County, Texas
2025130604 Nov 21, 2025 02:33 PM
Fee:$81.00 MATAT