R-03-04-10-12E1 - 4/10/2003SUMMARY OF FACTS
J -17 FORTUNE, LP CONDEMNATION
Project: SH45 Project.
Property Owner of Record: J -17 Fortune, LP
Location of Property Louis Henna across from CR 170
Property Interest Sought: Fee Simple/Slope Easements
Property To be Acquired: 4.27 Acres (Fee) (Partial Taking out of 9.946 acres)
0.60 Acres (2 slope easements)
Remainder: 5.676 acres
Appraised Value (City): (Gardner) $1,230,200.00
(Pilkington) $1,368,049.00
Appraised Value (Owner): (Lots 1 &4- Hornsby) $1,284,660.00
(Lots 2&3-Bolton) $1,149,000.00
Total $2,433,660.00
*Lots 2 &3 improved with a 17,917 sq.ft. building. $703,815.00 (Bolton's value of blg.)
$861,000.00 (Gardner's value) Gardner
placed a value of $70 sgft on the
building but had the building sized at
12,300 sq.ft.
$540,570.00 Pilkington's value of Lots
2 &3 w /improvements. He valued the
building at $95,330.00.
Special Commissioners' Award $1,717,800.00
Commissioner's Hearing Date: June 12, 2001
Date of Taking: April 1, 2001. Fixed in Possession
and Use Agreement. Was the
effective date of all of the appraisals
performed.
Award amount paid on: June 13, 2001
1. $1,116,006.00 was paid on before the hearing, pursuant to Possession and use agreement.
2. $601,794.00 (the difference) was paid on June 13, 2001 to Mike Barron.
0,dcw.CORIt\trvupri x41,1I7Wherdc,000a6208.NPD.cjm
Proposed Additional Amount to Settle:
$340,389.00 (Based on telephone
conferences after objections to award
were filed.)
Other Salient Facts
1. Landowner is represented by Barron, Adler and Anderson in this case.
2. The proposed settlement amount represents a favorable outcome should this matter
be tried before a jury and would result in a savings of litigation expenses.
As a result of mediation conducted on March 27, 2003, the City of Round Rock (Round Rock) and 117
Fortune, L.P. (J17), Margaret L. Mueller (Margaret), Randolph G. Mueller (Randy), and Peggy Jean Mueller
(Peggy), agree to resolve all issues in dispute between them in the litigation now pending as cause number 00-498 -
C277 in the 277th Judicial District Court of Williamson County, Texas, on the following terms and conditions:
1. Round Rock agrees to pay 117 the total sum of $1,885,000.00 in complete satisfaction of any and all claims
which have been made or which could have been made in this litigation or as a result of the condemnation of the
subject property. This amount includes the amount awarded at the commissioners hearing in this case which has
already been paid. The difference between $1,885,000.00 and the amount already paid will be paid in the form of a
check or checks made payable jointly to 117 and Barron, Adler & Anderson, and delivered to the office of Barron,
Adler & Anderson within ten days of the date on which this agreement is finally approved by the City Council of ,./ C
the City of Round Rock.
d et.4J m 4
2. Upon receipt of the funds described in paragraph one above, the litigation will be dismis . An
agreed will be prepared by the attorney for Round Rock and delivered to the attorney
for approval as to form, which approval will not be unreasonably withheld. . approved, t he weed) L �el<. sw.�
sr-der will be presented to the court for approval, signature, and frlin
rv{eM3 Once the funds have been paid and the agre edubxh si nd filed, each party will execute a complete
mutual release of any and all claims which have been made or wh could have ben made in this litigation or as
a result of the condemnation of the subject property.'[( rt: tstSfe. �y ,c 4It 4 cr ref
4. All participants in the mediation acknowledge that this entire agreement is subject to the approval of the City
Council of the City of Round Rock. It is anticipated that the City Council will formally vote on this settlement at
their next regularly scheduled meeting after all appropriate notices have been given i accordance with law.
Signed this 27th day of March, 2001
Jim Nus- Authorized epresentative
C d Rock _
Stew eets, Attorney for
City of Round Rock
MEMORANDUM OF UNDERSTANDING
Randolph G. , ue ler Authorized
Representative, 117 Fortune, L.P.
r t L. Mueller , c
Randolph G. ! eller
Peggy Jean Mueller
Michael M. Barron, Attorney for
J17 Fortune, L.P., Randolph G. Mueller,
Margaret L. Mueller and Peggy Jean Mueller
LINE TABLE
E
BEARING
DISTANCE
L1
N00'07 "E
160.67'
L2
N25'40'43 - E
168.63'
L3
N6910'15 "E
120.32'
L4
S58'30'39 "E
129.77'
L5
520'35'59 "E
142.84'
L6
N60'48'57 "W
1.95'
LEGEND
• CONCRETE MONUMENT SET
• 1/2 IRON ROD FOUND UNLESS NOTED
I.R.F. IRON ROD FOUND
P.0.8. POINT OF BEGINNING
O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
P.R.W.C.TX. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
D.R.W.C.TX. DEED RECORDS WILLIAMSON COUNTY, TEXAS
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DOYLE NICKERSON AND
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VOL. 526. PG. 50
D.R. W. C. TX.
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MARCH, 2000
ASA THOMAS SURVEY, ABSTRACT NO. 809
WILLIAMSON COUNTY. TEXAS
200 100 0
GRAPHIC SCALE
SCALE: 1" = 200'
LOT 3
CALLED
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Page 3 of 3
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SKETCH TO ACCOMPANY
FIELD NOTE No. 1728
RESOLUTION NO. R- 03- 04- 10 -12E1
WHEREAS, the City Council, upon consideration of the matter, has
determined that there exists a public necessity for the welfare of the
City of Round Rock ( "City ") and the public -at -large to construct and
maintain State Highway 45 and County Road 170 (A.W. Grimes Blvd.), and
to perform associated public purposes ( "Project "), and
WHEREAS, the City has a need to acquire approximately 4.27 acres
of land in Williamson County, Texas, in fee simple, as well as slope
and drainage easements to enable the City to complete the Project, and
WHEREAS, a suit to condemn this property is currently pending in
th 277th District Court in and for Williamson County, Texas under cause
number 00- 498 -C277 and styled the City of Round Rock, Texas v. J17
Fortune, L.P., Sunstate Equipment Company, and Morrison Excavation, and
WHEREAS, since the institution of this action the Defendants in
the case have expressed a willingness
to settle the condemnation
proceedings for the amount of $ ) ) c)00.
0 0 , Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the proposed settlement amount of $ 11,0 d 00 ,OD O is a
fair and equitable amount for the settlement of the condemnation case
filed under cause number 00- 498 -C277 and styled the City of Round Rock,
Texas v. J17 Fortune, L.P., Sunstate Equipment Company, and Morrison
Excavation, and
\ welox \RESOUJTI \E3a41GE1.wro /dc
A EST:
BE IT FURTHER RESOLVED
That the Mayor and /or the city attorney shall be authorized to
execute, on behalf of the City of Round Rock the necessary documents to
effectuate the settlement of this condemnation case for this amount.
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 10th day of April, 2003.
CHRISTINE R. MARTINEZ, City Secr =nary
2
1,4 110°,1 % LL, Mayor
City of Round Rock, Texas
DATE: April 4, 2003
SUBJECT: City Council Meeting — April 10, 2003
ITEM: 12.E.1. Consider a resolution authorizing the settlement of the condemnation
lawsuit styled City of Round Rock, Texas vs. J17 Fortune, L.P., Sunstate
Equipment company, and Morrison Excavation.
Resource: Steve Sheets, City Attorney
Tom Word
History:
The Council previously authorized the condemnation of the needed right -of -way
for SH 45 and A.W. Grimes Boulevard. The proposed settlement terms will be
discussed in Executive Session. If approved, the settlement will result in a final
agreement judgement, and will close this matter.
Funding:
Cost: To be determined
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: N/A
Impact/Benefit: Construction of SH 45 and A.W. Grimes Boulevard
Public Comment: N/A
Sponsor: N/A