Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CM-2026-098 - 4/10/2026
Sheets, Childs, & Sandre, PLLC ATTORNEYS AT LAW 309 East Main Street•Round Rock,TX 78664-5246 Phone 512-255-8877•fax 512-255-8986 John@scrrlaw.com March 26,2026 Via e-mail: rick@psprop.net Gattis Office Condominium Association, Inc. c/o Rick M. Zilem 1490 Rusk Road, Round Rock,Texas 78665 SETTLEMENT AGREEMENT Re: City of Round Rock, Texas; Gattis School Road Project— Segments 4 and 5; Acquisition from Gattis Condominium Association, Inc. Dear Mr.Zilem: This letter will serve as a Settlement Agreement ("Agreement") between the City of Round Rock, Texas ("City") and Gattis Office Condominium Association, Inc. (hereinafter "Association"), (collectively the"Parties")as to the following: 1. This Settlement Agreement is for the resolution of the above-mentioned acquisition of real property from the Association and any associated claims. 2. This agreement is contingent on final approval by the City. In the event this Agreement is not approved by the City and executed by an authorized representative, this agreement is null and void and the Parties may continue as if there had never been an agreement. 3. The City agrees to pay the total compensation amount of $46,834.00 for the City's necessary fee simple acquisition, described in Exhibit "A" attached hereto (the "Property"),damages to the remainder, if any,and any costs to cure. 4. The Parties agree to settle this acquisition of the Property via a stipulated Special Commissioners' Hearing in a condemnation proceeding filed by the City, after which the City will deposit the amount awarded by the commissioners into the registry of the Court. The Association agrees to waive it's right to file objections to a stipulated award of $46,834.00. If the commissioners award an amount other than the stipulated amount of $46,834.00, then the Parties agree to timely file objections and enter a judgment for $46,834.00,which will be deposited into the registry of the Court. 5. The Association agrees to waive the right to be served with Notice of Special Commissioners Hearing by the County. The Association also waives any and all other prerequisites as required in Chapter 21 of the Texas Property Code for scheduling and CM —2026 — Oq setting up a Special Commissioners Hearing. The Association acknowledges that a final offer will not be received because the Parties have reached a negotiated agreement following the initial offer. 6. The Parties agree that $46,834.00 is the final and total compensation amount payable to the Association and is inclusive of any pre judgment interest. The City shall receive credit for any funds previously paid pursuant to any PUA in this case. 7. Post judgment interest, if any, is tolled for a period of 60 days after the Court signs a judgment in this case. If the City fails to pay the remaining balance owed after credits from any PUA payments within the 60 days of the Court signing a judgment in this case, then the Association shall be entitled to post judgment interest only on the remaining balance that has not been paid at the statutory rate as of the date the judgment is signed by the Court until paid. 8. The City's sole compensation obligation shall be the total payment of$46,834.00 for the Property. Any compensation claims made in this case by parties to this lawsuit shall be satisfied from this payment without further recourse to the City. 9. If any party outside of this Agreement contests compensation and/or this settlement at any proceeding after this Agreement is fully executed, the City may terminate this contract, and the Parties may proceed with this lawsuit as if there had never been an agreement. 10. This Agreement may be filed as a Rule 11 agreement in any condemnation suit filed to acquire the Property. 11. The Parties bear their own costs of court as incurred. If this letter correctly sets forth the terms of our agreement and the settlement reached between the City and Association, please indicate by having the appropriate person sign this letter in the space indicated below and return it to my attention. Sincerely, John L. Kelley SBN: 24089109 John@scrrlaw.com Sheets,Childs,&Sandre,PLLC ATTORNEY FOR CITY OF ROUND ROCK, TEXAS [The Association's signature page follows] 2 AGREED AND ACCEPTED: Gattis Office Condominium Association,Inc. Rick M. Zilcm Print/title: i--c,1/ Si a re d 41/45(J.-e CQ M M.) ^ 147 t `Q Nay n Date: 3 TI' 2016 [The City's signature page follows] 3 AGREED AND ACCEPTED: City Of Round Rock, Texas Print/title: brej P36I v 1 1+ I iT` U Date: I I (C)1 ! v 4 EXHIBIT "A" to March 26, 2026 Settlement Agreement 1 Chisholm Trail.Suite 130 stNv Round Pock,TX 7631 o 51280065 I 1s 512 246 0359 TBPLS 10194944 3h,inc corn EXHIBIT"A" Variable Width R.O.W. Acquisition BEING A 0.056 ACRE TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS; AND BEING A PORTION OF LOT 1, BLOCK A, GATTIS& SONOMA, A SUBDIVISION AS RECORDED IN DOCUMENT NO. 2007033859, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.). SAID 0.056 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found 1/2-inch iron rod (controlling monument) marking the southwest corner of said Lot 1, said point also being at a corner of the existing north right-of-way(R.O.W.)line of Gattis School Road(R.O.W. width varies); THENCE, North 02°20' 31" West,with the common line of said Lot 1 and said Gattis School Road R.O.W., at a distance of 2.47 feet pass the southeast corner of a called 1.2052 acre tract described in a Warranty Deed to the City of Round Rock as recorded Volume 2168, Page 573, O.P.R.W.C.T., departing said Gattis School Road R.O.W. and continuing with the common line of said Lot 1 and said 1.2052 acre tract, in all a total distance of 8.07 feet to a set 5/8-inch iron rod with yellow plastic cap stamped "STV" (hereafter referred to as "SW cap") for the northwest corner of the herein described tract, said point also being on the proposed north R.O.W. line of Gattis School Road; THENCE, over and across said Lot 1, with said proposed north R.O.W. line of Gattis School Road,the following three(3)calls: 1) North 87° 39' 59" East,a distance of 229.29 feet to a set SW cap,for a corner of the herein described tract; 2) North 02° 24' 14" West,a distance of 28.98 feet to a set SW cap, for a corner of the herein described tract; 3) North 87°36' 10" East,a distance of 20.26 feet to a set SW cap, on the common east line of said Lot 1 and the existing west R.O.W. line of Rusk Road (60' R.O.W.),for northeast corner of the herein described tract. From which found a 1/2-inch iron rod (controlling monument) at the northeast corner of said Lot 1 bears North 02°23'50"West,a distance of 259.96 feet; THENCE,South 02°23'50"East,with the common line of said Lot 1 and said Rusk Road R.O.W. a distance of 12.40 feet to a found 1/2-inch iron rod with yellow plastic cap (Forest 1847) (controlling monument) at the beginning of a curve to the right; THENCE,with the arc of said curve to the right,having a radius of 25.00 feet,an arc length of 39.27 feet,a central angle of 90°00'36",and a chord bearing and distance of South 42°34'53"West-35.36 feet to a found 1/2-inch iron rod with yellow plastic cap (Forest 1847) (controlling monument) on the existing north R.O.W. line of Gattis School Road,for the southeast corner of the herein described tract,and the end of said curve; 1 OF 3 1 Chisholm Trail,Suite 130 V Round Rock,TX 7681 It‘ o 512.80065 I f:512.246 0359 TBPLS 10194944 stvinc corn THENCE,South 87°45'35"West,with the common south line of said Lot 1 and said existing north R.O.W. line of Gaits School Road, a distance of 224.56 feet to the POINT OF BEGINNING and containing 0.056 acres of land, more or less. Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone-4203, NAD83, US FT). Observations derived from the Texas COOP RTK Network. • 4 p,c E Op Robbie Lee Shockey (CI PLS#6332 r�so ....... 33 SyoCkEY 4 2 Date: October 08,2025 ` -0. 6's stovAlt SVRVE`Nr 2 OF 3 EXHIBIT "A" CURVE TABLE LINE TABLE CURVE RADIUS ARC DELTA CH. BEARING CHORD LINE BEARING LENGTH C.M. C1 25.00' 39.27' 090'00'36" S 42'34'53" W 35.36' L1 N 02'20'31" W 8.07' --, 11; `" L2 N 02'24'14" W 28.98' o I co 01 01 L3 N 87'36'10" E 20.26' °i SURVEY �; co o 03 P.A. ""'DER L4 S 02'23'50" E 12.40' 3 a N0. oSTRACT 29 0 3 o ' A9 ROUN ROCK AS A D I � � 9 I yy'rLG1AMSOTT N COUNTY TEX CALLED 1.79 ACRES I OVERLDING HANG Z in CALLED 1.2052 ACRES BUILDING GATTIS & SONOMA m ;v x ao OVERHANG DOCUMENT NO. 2007033859 N o CITY OF ROUND ROCK LOT 1 O.P.R.W.C.T. w 0 VOL. 2168, PG. 573 I BLOCK A I O L3 0 z d O.P.R.W.C.T. I I I 0 w L _j Q C.M. o _ -� YELLOW CAP a. O. o N 87'39'59" E - 229.29' PROPOSED R.O.W. W "FOREST 1847" �� t t } f O c; EXISTING R.O.W. 2.47' C.M. EXISTING R.O.W. C.M. o P.O.B. S 87'45'35" W — 224.56' YELLOW CAP PROPOSED R.O.W. "FOREST 1847" O 0.056 ACRE C CITY OF ROUND ROCK 0' 20' 40' GATTIS SCHOOL ROAD LOT 2 - R.O.W. DO C. NO. 2007033859 a (R.O.W. WIDTH VARIES) O.P.R.W.C.T. 1" = 40' Q v GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL LEGEND ' ' MONUMENTS. ' OF, 0 = 5/8" IRON ROD WITH YELLOW CAP STAMPED "STV" SET 'C _ 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, � / •c,�.;PEGISTF'•.CC� EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. O = 1/2" IRON ROD WITH CAP "AS NOTED" FOUND /,• ,1_ 9a";' 4 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. .N O,17 THERE MAY BE ADDITIONAL EASEMENTS OR R.O.W. THAT • = 1�2' IRON ROD FOUND R9881............ E- , N� AFFECT THE SUBJECT TRACT. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS ► ,o""'FESkOCKEy'� 5 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND P.O.B. = POINT OF BEGINNING y..9 6332 " m BOUNDS DESCRIPTION. 2'; k'SSIONP\':••�r 5.) BEARINGS ARE BASED ON THE TEXAS COORDINATE P.O.C. = POINT OF COMMENCEMENT •`� Q` SURVE'(. r O SYSTEM (CENTRAL ZONE-4203, NAD83) WHICH IS BASED R.O.W. = RIGHT-OF-WAY _ I ON TRIMBLE'S CENTRAL TEXAS GPS COOPERATIVE CORS C.M. = CONTROLING MONUMENT i- RTK NETWORK. � PAGE 3 of 3 0 To the best of my knowledge, information, and belief, the plat hereon is a correct Qcul. Y 1 Chisholm Trail,Suite 130 representation of the property as determined by a survey made on the ground June 15, yi Round Rock,Texas 78681 512.248.0065 2024, the lines and dimensions of said property being as indicated by the plat. This j TEXAS REGISTERED ENGINEERING FIRM F-1741 survey substantially complies with the current Tex• Societ •f Professional Surveyors TBPLS 10194944 standards and specifications. o Date: October 08, 2025 L. Rob. , Lee ,RPLS NO.6332 i WORK ORDER 2300560 DIGITAL FILE PROP ROW 0.056 AC.DWG Revision # 1 DRAWN BY DLM © 2025 ALL RIGHTS RESERVED • 1. \\\ i I•• N I e 4 11 1, EDGE OF SIDEWALK CI 1 R .r . 1 — , 1.71 I • , T JI 11.14' ( i.n I' Elga ' PROP ROW o �� ,yh ,_�, EXIST ROW -s� PRELIMINARY ' its,..... Lffi �i* LL'`••, '... ' c ,,. ,� �'{ ' THIS REQUIRES $ `�i OVERHEAD ELECTRIC POLE FINALIZATION FROM .� �*+ A LICENSED '`'`'` EDGE OF SIDEWALK ® SURVEYOR. OVERHEAD ELECTRIC POLE o s 3.7 L 1 "W I SCALE IN FEET GATTIS SCHOOL RD --., r MIIM q - 'I ' • GATTIS SCHOOL ROAD lIL EXHIBIT"A"SUPPLEMENT gr y ROW 0.054 AC - — — _ .— — — ka S E i '7 I I 1