R-02-06-13-14F2 - 6/13/2002RESOLUTION NO. R- 02- 06- 13 -14F2
WHEREAS, the City of Round Rock ( "City ") acquired right -of-
way for the expansion and placement of Greenlawn Blvd. in
Williamson County, and
WHEREAS, as part of the acquisition of right -of -way for
Greenlawn Blvd. the City entered into a Right of Entry, Possession
and Construction Easement with Gattis School Road Joint Venture
( "Gattis ") in order to complete the construction of Greenlawn Blvd.
across the existing Louis Henna Blvd., and
WHEREAS, State Highway 45 is being designed along the current
route of Louis Henna Blvd. in the City, and
WHEREAS, the Texas Department of Transportation ( "TxDOT ") and
Williamson County now need to acquire additional right -of -way for
State Highway 45 which overlaps the Greenlawn Blvd. right -of -way
previously acquired by the City, and
WHEREAS, the Right of Entry, Possession and Construction
Easement between the City and Gattis provides for the assignment of
such agreement, and
WHEREAS, the City Council wishes to assign such Right of
Entry, Possession and Construction Easement to the Texas Department
of Transportation so that the fee simple right -of -way purchase of
the land referenced therein may be completed by TxDOT for the
construction of State Highway 45, Now Therefore
:: ODMAI WORLDO XIO.IWOO %IRPSOLI/T111M10613F2.W P" /dc
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 an assignment of a Right of Entry, Possession
and Construction Easement with Gattis School Road Joint Venture for
right -of -way purposes to the Texas Department of Transportation, a
copy of said assignment 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 13th day of June, 2002.
AT 1T:
T: l J� )
1IA .CYIdI/AI � '
CHRISTINE R. MARTINEZ, City Secretary
2
WELL, Mayor
City of Round Rock, Texas
ASSIGNMENT BY GRANTEE OF RIGHTS UNDER RIGHT OF ENTRY, POSSESSION
AND CONSTRUCTION EASEMENT
BY CITY OF ROUND ROCK TO THE STATE OF TEXAS,
ACTING BY AND THROUGH THE TEXAS TURNPIKE AUTHORITY DIVISION OF
THE TEXAS DEPARTMENT OF TRANSPORTATION
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
For value received, the City of Round Rock, Texas assigns to the State of Texas, acting by and
through the Texas Tumpike Authority Division of the Texas Department of Transportation
(Assignee), all of its rights in the Right of Entry, Possession and Construction Easement dated March
30, 1999, a copy of which is attached hereto, executed by Gattis School Road Joint Venture, as the
Grantor and the City of Round Rock, Texas as the Grantee, for the use and acquisition of the real
property described in Exhibit " A" attached hereto.
The City of Round Rock, Texas agrees to indemnify, hold harmless, and defend the State of Texas,
the Texas Department of Transportation and its division, the Texas Turnpike Authority, the Texas
Transportation Commission, their agents and employees, from any claim made or brought by Gattis
School Road Joint Venture, that may arise from this assignment or the exercise by Assignee of any
of the Grantee's rights included in the Right of Entry, Possession and Construction Easement dated
March 30, 1999.
By:
ATTEST:
City Secretary
Mayor
City of Round Rock, Texas
Assignment
Date:
EXHIBIT
"
Page 1 of 2
ACCEPTANCE OF ASSIGNMENT
The State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas
Department of Transportation accepts this assignment, agrees to assume and perform all the duties
to be performed by the Buyer under the Right of Entry, Possession and Construction Easement dated
March 30, 1999 to the same extent as if State of Texas had originally been named as the Buyer in
that contract.
By: Date:
Phillip E. Russell, P .E.
Director, Texas Turnpike Authority Division of the
Texas Department of Transportation
Assignment Page 2 of 2
STATE OF TEXAS
COUNTY OF TRAVIS
C ;MIT.WWOROCA,.. MIAN.AfT1SWILI,S.CAT /t•1
cat 29 2022 15:34
199939545 L. t=s
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
WHEREAS, GATTIS SCHOOL ROAD JOINT VENTURE, hereinafter referred
to as "GRANTOR ", whethcr one or snore, is the owner of that certain piece, parcel or tract of land
in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit
"A ", which is attached hereto and made a part hereof; and
WHEREAS, THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
hereinafter referred to as the "GRANTEE ", plans to acquire fee simple title to the tracts of land
described in Exhibit "A ", whether through contract and conveyance or through eminent domain
proceedings; and
WHEREAS, the GRANTEE must have possession of said- described tract of land by
March 26, 1999, for the purposes described below,
Construction of Greenlawn "Blvd.
NOW THEREFORE, BE IT KNOWN:
That in consideration of the sum of THIRTY -ONE THOUSAND AND NO /100 DOLLARS
(S31,000.00) paid by the GRANTEE, the receipt and sufficiency of which are hereby expressly
acknowledged, GRANTOR has GRANTED and CONVEYED and by these presents does GRANT
and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable right -of -entry,
possession, and construction easement, with the right of exclusive possession over, upon. and across
those tracts of land described in Exhibit "A ".
It is expressly agreed, acknowledged, and understood that the consideration paid hereunder
shall be credited against, applied towards, and offset from any consideration to be paid in satisfaction
of an agreed purchase price under a contract and conveyance or in satisfaction of the award of the
Special Commissioners or subsequent judgment in any condemnation proceeding for the acquisition
of the property described in Exhibit "A ".
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted are assignable and shall be used by the GRANTEE, its employees, agents,
and assigns, for the purposes of entering upon the above - described property, before the closing of
the contemplated real estate transaction or the acquisition of title through condemnation, and
proceeding with surveying, site review and analysis, utility relocation, actual construction on the
Grua_ dawn Blvd. Extension Project, and all manner of preparation and work attendant thereto. Utility
relocation shall include, but not be limited to, the relocation of water and wastewater lines, electrical
lines, cable television lines, telephone lines, gas lines. and their attendant facilities from the existing
roadway right-of-way on the properly described in Exhib:t "A ".
aas =_.e9
Road construction shall include, but not be limited to. the grading, cutting, and filling of the
existing wound elevation, the temporary stockpiling of necessary materials. the placement of earthen
till for necessary lateral support, the channelization of existing grade to accommodate storm water
runoff, the construction of an open or enclosed drainage way and their attendant facilities, the
construction of curb and gutter systems and bridge structures or grade separations, if applicable, and
the laying of road base and the placement of finished grade course material. The GRANTEE, its
employees, agents, and assigns shall have the full and exclusive right to control and use the above -
described tracts, including the right to erect and maintain fencing and traffic and pedestrian control
and devices and signs, the right to clear trees and vegetation, and the right to excavate, trench, fi11,
and grade the real property itself.
The easement, rights, and privileges herein granted shall automatically terminate upon the
contemplated closing of the above - described real estate transaction or the rendition of a final
judgmcnt in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
That by virtue of the granting of permission to the GRANTEE to take temporary possession
of the Property in accordance with this Agreement, GRANTOR does not waive any Iegal
rights or defenses under the Constitution of the United States, the Constitution and Statutes
of the State of Texas or any other provisions of the law that GRANTOR may have in
connection with the acquisition of easements rights to the Property by the GRANTEE under
the right of eminent domain as set out in the Cause, including the right to contest the
GRANi l;,t's authority to acquire the Property by eminent domain. By entering into this
Agreement, neither party waives any of their legal rights regarding the Cause, including any
right to appeal or otherwise complain of any award by Special Commissioners appointed in
the Cause.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Conunissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law governing
possession in a statutory eminent domain case.
3. In consideration of the execution of this Right of Entry and Possession, the City agrees the
GRANTOR be allowed a reasonable time, which in any event shall not be less than sixty
(60) days from the Date of this Agreement, to prepare for the hearing before the Special
Commissioners appointed by the Court in the Cause.
4, The "date of taking" for all purposes of determining the value of the just compensation for
the easement rights sought in the Cause shall be either, at the Grantor's option: (1) the date
that the GRANTEE actually enters upon the Property and takes possession of the Property
for the purposes of construction; or (2) the date the GRANTEE posts a Special
Commissioners' award in the Court's registry.
MPY 25 2022 15 :35
2.
5. This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically, Grantees heirs, devisees,
executors, administrators, legal representatives, successors or assigns are bound by tarts of
this agreement which state that the considera•on paid hereunder to Grantees shall be credited
against, applied towards, and offset from any consideration to be paid in satisfaction of an
agreed purchase price under a contract and conveyance or in satisfaction of the award of the
Special Commissioners or subsequent judgment in any condemnation proceeding for the
acquisition of the - property described in Exhibit "A ", whether said Grantee is or is not the
owner of said property, now or in the future.
6. The easement, right, and privileges granted herein are exclusive, and GRANTOR covenants
that it will not convey any other easement or conflicting rights within the area covered by
this grant. This grant shall be binding upon legal representatives, successors, and assigns of
GRANTOR for the term of this grant.
TO HAVE AND TO HOLD the possession of the above - described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows of
no persons or business entity owns a present possessory interest in the fee title in the above -
described premises other than GRANTOR, and that there are no parties in possession of any portion
of the referenced real property as lessees.
GRANTOR has read this emir instrument and fully understands and agrees to its provision.
GRANTOR has executed this grant of his own free will, without coercion, harassment, or threat.
Executed this the 'P?t '
day of 1999.
M Y 29 2922 15
GRANTORS:
GATTI SCHOOL RO
BY:
IT :' V1 i.✓rdls 'l
GRANTEE:
JOINT VENTURE
CI /+P RQUND ROCK, TEXAS
CHARLES CU 1 E 172 Mayor
City of Round Rock, Texas
STATE OF -re. K 4,5
COUNTY OF
This i nstrument was acknowledged before me on this the
day o` Huc (A$ , 1999 byi# ,) Aro/06125W, on behalf of the GATTIS
SCHOOL ROAD JOINT VENTURE.
STATE OF TI✓XAS
y x CNRIS1INE R. MAR11NEZ 1
NY muss Rpm.
N.74 August 6.2001
PREPARED IN TEE OFFICE OF:
AFTER RECORDING RETURN TO:
may 23 230.2
ACKNOWLEDGMENT
ACKNOWLEDGMENT
at, co (ifr4o
Notary Public, State of
Printed Name: cam2 ES C�oYf1I£cL7
My Commission Expires:
COUNTY OF 1.011,L1AryY�J )
This instrument was acknowledged before me on this zhe 13
day of ] 999 by CNR2C 5 GULPEP/'6?, of CI;y OFRa41J0 ,eOcK,
uthirtvR
Notary Public, State cf T VAS
Printed Name: ONe67 /,i e / 2» ,d5Z,
My Commission Expires: &S -0 1
Brown McCarrol Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78669
;o fry 67 0
04 I C ! I
Ovn I iCC C..lL Ya'
OESCRIpT =22
fOR A 0.126 -ACRE TRACT OF LAND S: UATr.D IN :ME
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 OF k'_LLIA:SON
COUNTY. TEXAS, BEING A PORTION OF A 2.0D -ACRE TRACT
OF LAND CONVEYED TO GATTIS SCHOOL ROAD JOINT VENTURE
BY INSTRUMENT RECORDED IN DDCUMEN7 `V. 9716459 O£
THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0._16 -ACRE
TRACT BEING MORE FARTICU1Ap,1 DESCRIBED EY METE5 AND
BOUNDS AS FOLLOWS;
BEGINNING on a iron pipe found on a point in the existing
southerly right -of -way line of Louis Henna Boulevard (right -of-
way width varies), same being the most northeasterly corner of
said 2 . 0 0 -acre tract, same being the most northwesterly corner
of a tract of - land conveyed to the Estate of O.G. Wilson by
instrument recorded in volume 353, Page 553 of the Deed Records
of Trnvis County, being the most northeasterly corner and POINT
OF BEGINNING hereof;
THENCE departing the existing southerly right -of -way lino of
said Lout_ Henna Boulevard, with the easterly boundary line of
said 2 . 0 0 - acre tract., one being the westerly boundary line of
said "Estate of D.G. Wilson" tract, 527 °19'53 "N (Bearing •
Basis /Directional Control Linel for a distance of 219 - feet to
a capped iron rod set on a point fcr the beginning of a curve,
being the Blest southerly corner hereof, and from which point an
iron rod set on a point for the most southerly corner cf said
2 .00 - acre tract bears 527 "W a distance of 478.50 -feet:
THENCE departing the westerly boundary line of said "Estate of
O.G. Wilson" tract, through the interior of said 2. -acre tract
of land, with the arc of said curve to the left, having a radius
of 87 .50 -feet, a central angle of 8 9'00'56 -, an arc length of
135.94 - feet, and a chord which bears N61'(6'30 "H for a distance
of 1 22.66 -feet to a capped iron rod set on a point of tangency
in the existing southerly, right-0f -way line of Louis Henna
Boulevard for the most northwesterly corner hereof, and from
worthweptent an iron s
rod found on point for the most
y corner of said 2 .00 - acre tract, same beano the
most northeasterly corner of a 2 . 0 0 - acre tract of land conveyed
to Strand`ech, Inc. by instrument ecoreed ir. DoCUflent No.
t
9533369 of the Deed Records of
57. "50'35 "W a distance of 235.24 - fee:; Williamson County, bears
THENCE with the existing southerly right-of-way line of Louis
Henna Boulevard, same being the northerly boundary line of said
2.00 -acre tract of land, 1 "E for a distance cf 169.54 -
feet to the POINT Or BEGINNING and con:airing C.116-acre of
land.
Surveyed Under the direct supervision of the undersigned:
•
eni ruesdale
Registered Professional Land Surveyor NC
serer Aick•er. 4 Associates, Inc.
203 C Main Street
Round Rock, Texas 76664
Satrow2.doc
493;
Date
rigs( 20 20:2 :5:3
5EALC: - 100'
c IRS. CAPPED IRON ROO SE r
.jr. IRON R00 FOUND
pipr. IRON PIPE FOUND
P.O.B.. POINT CP BEGINNING
NUMBER
CI
. LEGEND
DELTA
89
AS Prepared By:
M. Stephen Tme5.1510, R.P.L.S. II 4935
203 E. Moth Stree, So;te 201
Founcl
Roc. 7C103 7666 e
Tel. (512)244-9620
LLL offaf.p.,
SKETCH To Acc, CESCRIPTION
0
A
RS
P
Dote
0 71‘'. 1
,..:.-.
,Iv DL
'‘...
0 4.. AS IRS
.A° I
zt. ...'
G477I3 SCHOOL 1 .. 1...
ROAD JOINT :
' . dc -\
g
, .„..„.„......,
. >
-.:.
•
a° 5 V..7.1.:
l...1 ..:.c
l ....
IP '
'• k 1: , s n ;',', ''i
um . ..n 0
c6 col
S'7.l.11: ■P:c. ..... • • ' I/ c i 17:, g
.11CDit O•CO .. . .
• 95333ZIG
k?.:
e g
....;:''. C... ' .
. 1,7..
CHORD SEA RtIrG RAIDS !ARC ,CHORD
N 0.1"0O'20 67.60 3.54 taase
'ALL BEAPMGS AEC EASEL. ON "r■-■E 7 ; :7 PLANE I:CORONA 75 SrSTEM,
CENTRAL 20NE. NA0-83.
Cattelt
t•TPC.V.
Baker-A[0E1(3n
& Ay•ooleten,
Cn4lc4p
DATE: June 7, 2002
SUBJECT: City Council Meeting — June 13, 2002
ITEM: 14.F.2. Consider a resolution authorizing the Mayor to execute an
Assignment of an Option Agreement with Gattis School Road Joint
Venture to the Texas Department of Transportation for acquisition
of right -of -way for SH 45.
Resource: Steve Sheets, City Attomey
Julie Wolff, Legal Assistant
History: This action is required to allow the Texas Department of Transportation to take
over negotiations for the acquisition of property to construct State Highway 45.
The City previously obtained a possession and use agreement from Gattis School
Road Joint Venture in order to construct Greenlawn Boulevard, which property is
now part of a larger parcel that is needed for State Highway 45 as well.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C., the Pinnacle Group
Impact/ Benefit: TXDOT /Williamson County will assume responsibility for completion of
the fee simple right -of -way acquisition for property which is currently
merely held under a right of possession.
Public Comment: N/A
Sponsor: N/A
ASSIGNMENT BY GRANTEE OF RIGHTS UNDER RIGHT OF ENTRY, POSSESSION
AND CONSTRUCTION EASEMENT
BY CITY OF ROUND ROCK TO THE STATE OF TEXAS,
ACTING BY AND THROUGH THE TEXAS TURNPIKE AUTHORITY DIVISION OF
THE TEXAS DEPARTMENT OF TRANSPORTATION
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
For value received, the City of Round Rock, Texas assigns to the State of Texas, acting by and
through the Texas Turnpike Authority Division of the Texas Department of Transportation
(Assignee), all of its rights in the Right of Entry, Possession and Construction Easement dated March
30, 1999, a copy of which is attached hereto, executed by Gattis School Road Joint Venture, as the
Grantor and the City of Round Rock, Texas as the Grantee, for the use and acquisition of the real
property described in Exhibit " A" attached hereto.
The City of Round Rock, Texas agrees to indemnify, hold harmless, and defend the State of Texas,
the Texas Department of Transportation and its division, the Texas Tumpike Authority, the Texas
Transportation Commission, their agents and employees, from any claim made or brought by Gattis
School Road Joint Venture, that may arise from this assignment or the exercise by Assignee of any
of the Grantee's rights included in the Right of Entry, Possession and Construction Easement dated
March 30, 1999.
By:
ATTEST:
City of Round Rock, Texas
City Secretary
R- 02- 0(0 -/3- 1
Assignment
Date: l0 �J oCJ
5 N 15
pi-c, ( el 2
Page 1 of 2
ACCEPTANCE OF ASSIGNMENT
The State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas
Department of Transportation accepts this assignment, agrees to assume and perform all the duties
to be performed by the Buyer under the Right of Entry, Possession and Construction Easement dated
March 30, 1999 to the same extent as if State of Texas had originally been named as the Buyer in
that contract.
By:
Phillip E. Russell, P .E. j
Director, Texas Turnpi Authority Division of the
Texas Department of ransportation
Date:
Assignment Page 2 of 2
STATE OF TEXAS
COUNTY OP TRAVIS
\ ..N•Wo ,,.,rn..,:.,.,, :,tti.1,.,S.Ur/
nqt' 29 2002 15.34
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
. 199' 9546 F_ PS -e � ,�
WHEREAS, GATTIS SCHOOL ROAD JOINT VENTURE. hereinafter referred
to as "GRANTOR ", whether one or more, is the owner of that certain piece, parcel or tract of land
in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit
"A ", which is attached hereto and made a part hereof; and
WHEREAS, THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
hereinafter referred to as the "GRANTEE , plans to acquire fee simple title to the tracts of land
described in Exhibit "A ", whether through contract and conveyance or through eminent domain
proceedings; and
WHEREAS, the GRANTEE must have possession of said - described tract of land by
March 26, 1999, for the purposes described below•,
Construction of Greenlawn Blvd.
NOW THEREFORE, BE IT KNOWN:
That in consideration of the sum of THIRTY -ONE THOUSAND AND NO /100 DOLLARS
(531,000.00) paid by the GRANTEE, the receipt and sufficiency of which are hereby expressly
acknowledged, GRANTOR has GRANTED and CONVEYED and by these presents does GRANT
and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable right -of -entry,
possession, and construction easement, with the right of exclusive possession over, upon, and across
those tracts of land described in Exhibit "A ".
It is expressly agreed, acknowledged, and understood that the consideration paid hereunder
shall be credited against, applied towards, and offset from any consideration to be paid in sadsfaction
of an agreed purchase price under a contract and conveyance or in satisfaction of the award of the
Special Commissioners or subsequent judgment in any condemnation proceeding for the acquisition
of the property described in Exhibit "A".
It is expressly agceed, acknowledged, and understood that the easements, rights, and
privileges herein granted are assignable and shall be used by the GRANTEE, its employees, agents,
and assigns, for the purposes of entering upon the above - described property, before the closing of
the contemplated real estate transaction or the acquisition of title through condemnation, and
proceeding with surveying, site review and analysis, utility relocation, actual construction on the
Greenlawn Blvd. Extension Project, and all manner of preparation and work attendant thereto. Utility
relocation shall include, but not be limited to, the relocation of water and wastewater lines, electrical
lines, cable television lines, telephone lines, gas lines. and their attendant facilities from the existing
roadway right -of -way on the property described in Exhibit "A ".
Road construction shall include, but not be limited to. the grading, cutting, and filling of the
existing ground elevation, the temporary stockpiling of necessary materials, the placement of earthen
till for necessary lateral support, the ehannelization of existing grade to accommodate storm water
runoff, the construction of an open or enclosed drainage way and their attendant facilities, the
construction of curb and gutter systems and bridge structures or grade separations, if applicable, and
the laying of road base and thc placement of finished grade course material. The GRANTEE, its
employees, agents, and assigns shall have the full and exclusive right to control and use the above -
described tracts, including the right to erect and maintain fencine and traffic and pedestrian control
and devices and signs, the right to clear trecs and vegetation, and the right to excavate, trench, fill,
and grade the real property itself.
The easement, rights, and privileges herein granted shall automatically terminate upon the
contemplated closing of the above - described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take temporary possession
of the Property in accordance with this Agreement, GRANTOR does not waive any legal
rights or defenses under the Constitution of the United States, the Constitution and Statutes
of the State of Texas or any other provisions of the law that GRANTOR may have in
connection with the acquisition of easements rights to the Property by the GRANTEE under
the right of eminent domain as set out in the Cause, including the right to contest the
GRANTEE's authority to acquire the Property by eminent domain. By entering into this
Agreement, neither party waives any of their legal rights regarding the Cause, including any
right to appeal or otherwise complain of any award by Special Commissioners appointed in
the Cause.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law governing
possession in a statutory entir.ent domain case.
3. In consideration of the execution of this Right of Entry and Possession, the City agrees the
GRANTOR be allowed a reasonable time, which in any event shall not be less than sixty
(60) days from the Date of this Agreement, to prepare for the hearing before the Special
Commissioners appointed by the Court in the Cause.
4. The "date of taking" for all purposes of determining the value of the just compensation for
the easement rights sought in the Cause shall be either, at the Grantor's option: (1) the date
that the GRANTEE actually enters upon the Property and takes possession of the Property
for the purposes of construction; or (2) the date the GRANTEE posts a Special
Commissioners' award in the Court's registry.
rAY 29 2022 15 :35
2.
5. This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically. Grantees heirs, devisees,
executors, administrators, legal representatives, successors or assigns are bound by terms of
this agreement which state that the consideration paid hereunder to Grantees shall be credited
against, applied towards, and offset from any consideration to he paid in satisfaction of an
agreed purchase price under a contract and conveyance or in satisfaction of the award of the
Special Commissioners or subsequent judgment in any condemnation proceeding for the
acquisition of the property described in Exhibit "A ", whether said Grantee is or is not the
owner of said property, now or in the future.
6. The easement, right, and privileges granted herein are exclusive, and GRANTOR covenants
that it will not convey any other easement or conflicting rights within the arca covered by
this grant. This grant shall be binding upon legal representatives, successors, and assigns of
GRANTOR for the term of this grant.
TO HAVE AND TO HOLD the possession of the above - described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows of
no persons or business entity owns a present possessory interest in the fee title in the above -
described premises other than GRANTOR, and that there are no parties in possession of any portion
of the referenced real property as lessees.
GRANTOR has read this entire instrument and fully understands and agrees to its provision.
GRANTOR has executed this grant of his own free will, without coercion. harassment, or threat.
Executed this the 'Pit day of 1999.
nay 29 2ezz __
GATTI SCHOOL RO
GRANTORS:
BY:
IT ! Vi-G✓Tdf
GRANTEE:
CI UND ROCK, TEXAS
CHARLES CJLb EPpER, Mavor
City of Round Rock, Texas
JOINT VENTURE
STATE OF T xAS
may 23 2022 .15
CHRISTINE
_ 3_
CHRISTINE R. MARTINI( 1
MY COMMISSION EXPIRE;
August 6, 2001
PREPARED IN TEE OFFICE OF:
AFTER RECORDING RETURN TO
A CKN O WLE DGMEN T
STATE OF
COUNTY OF /j mjy'emcnn
This i nstrument was acknowledged before me on his the
day of 04+4L,$° , 1999 byPpt,,(QJ gimp6vsep, on behalf of the GATTIS
SCHOOL 'ROAD JOINT VENTURE.
ACKNOWLEDGMENT
Notary Public, State of
Printed Name CFFARL GfoY7�I /
My Commission Expires:
COUNTY OF Unilmi SOV
This instrument was acknowledged before me on this ^he
day of , ] 999 by (NR& 5 C (YjgypR,
of
CIry OFRaar)o ,20Ck,
Notary Pudic, State of TFYRS
Printed Name : C e /', r416Z.
My Commission Expires: 8=5=0
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 70664
!3k'''
(a2 Crt
, 0q C I'i r n
ou
SAY - 20.2_ :5
DESCRIPTION
FO.Yf1 -A 0 .116 -ACRE TRACT OF LAND S= IUATRD II; THE
HUNT SURVEY, ABSTRACT NO. 31; OF 1."_LLIA.SON
COUNTY, TEAS, BEING A PORTION OF A 2.00 -ACRE T RACT
OF LAND CONVEYED TO GATTI5 SCHOOL ROAD JOINT VENTURE
BY INSTRUMENT RECORDED IN DOCUMENT Nu. 9716999 OF
THE OFFICIAL RECORDS 05 SAID CO(,NTy, SAID 0,118 -ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED EY HETET AND
BOUNDS AS FOLLOWS:
BEGINNING on a iron pipe found on a point in the existing
southerly right -of -way line of Louis Henna Boulevard (right -of-
way width varies), same being the most northeaster) y corner of
said 2 . 0 0 - acre tract, same being the most northwesterly er
of a tract of land conveyed to the Estate f c. Wilson corner
instrument recorded in volume 353, Page 553 o£t a Deed Records
of Travis County, being the most northeasterly corner and POINT
of SE GINNING hereof,
THENCE departing the existing southerly right -o, -way lino of
said :Foul Henna Boulevard, with the easterly beUndary line of
said 2.00 -acre tract, same being the westerly boundary line of
said "Estate of O.G. Wilson" tract, s27 °19'53 "w (Bearing
Basis /Directional Control Line) for a distance of : -feet to
a capped iron rod sec on a point for the beginning of a curve
being the most southerly corner hereof, and from which point an
iron rod set on a point for the most southerly corner tf said
2 .0 0 - acre tract bears S27'19'53 "W a distance of 478.56 -feet;
THENCE departing the westerly boundary line of said "Estate of
o.G. Wilson" tract, through the interior of said 2 . 0 0 -acre tract
of land, with the are of said curve ec the left, having a radius
of 87 .50 -feet, a central angle of 99'00'55o, an arc length of
135 .94 - feet, and a chord which bears N61.56'30"w for a distance
of 12 2.68 -feet to a capped iron rod s
in the existing souther) right-of-way et °^ a point of Louis s Henna
gency
Boulevard for the most northwesteriy a corner hereof, m
which point an iron rod found on a a ^d from
northwesterly corner of said 2.00 -acre t or the most
most northeasterly corner of a 2.00 -ac- same being the
to Strandteeh, Inc, by - e tract of a lano conveyed
yReeottl 5g l5 j o,' .r. unty, r.t No. °523369 o f the Deed
5 2'90'35 "N a distance of 235.29 -feet; William County, hears
THENCE with the existing southerly right cr - ,,.a
Henna Boulevard, same being the northerly boundar .Ii of Louis
2.00 -acre tract of land, N73 °40.35'5 y of of ,
�
feet to the POINT OF BEGINNING and containing n C cf 1F9.5
ng .
land. 119 -acre of
Surveyed under the direct supervision of the undersigned:
gacrow2.coc
•n en ruesdale
R e9_stercd Professional Land Surveyo Nc,
deter - Tickler, l Associates, Inc.
203 S `lain Street
Rcund Rock, 1exa0 79604
5533
Cate
mqY 25 2022 :5:3
5C2LE: • IOC'
SKETCH TO ACOr.7.1,;. CESCRIPTION
,I75 a CAPPED 0N R00 SE r Ir-F
• iFiF. IRON R00 FOUNO
o W. IRON RIPE FOUNG
p.0.6.= powr Cr ElEOMIN
0
,
RS 155
o \)\ •
. LEGEND
NUMBER
I Cl
0E. rz
89°00'56"
.....wmAdrUWMPwrAf.m.c
As Prepored
Stephen Trucsd0I0, 1/4923
203 E. Mary Ste.+z:, Sv;te 20
Found Roc.. Texas 73694
rel. (522)244-5620
•
carns scwocn. 7...
...,......._ ,-- 1 ru ---,\ n.
cn
00C. 97/64aS
\ tr) 7.E7ATE 3.1.
2.00 cc. 05. YPL53;• ■
— 41 VO:. ....S.7 PG 052
21
7. ,., '..
4. , ., 0
-72 -2 '
57 ,i .'... :. ■-1 0 D;F z ED 01 ; , !0. • N 17.i g
. .cla f....?
95333G5 u
2.0 33. km
g
..-■::`;
IRS
CHORD SE4RWC R301G5
Cy - A 67.0D 1360 ' ICHORO
N 6P5ce:
1/20.68
603RINGS 350 640ED , 7!: At+E COORDiNt TE SYSTEM.
CENTRAL ZONE. 550-53.
P
Dote
"
Baker-Alcklen
a ksi&�Ilt•D, Inc.
Ertgica•rt/Surveyors