R-84-624 - 7/12/1984WHEREAS, the City of Round Rock filed two petitions for the
condemnation of an easement with the District Judge in the 26th
Judicial District on January 27, 1984, styled, The City of Round
Rock vs. Franklin Pierce, B. G. Pierce, T. D. Pierce, and W. A.
McGinnis, and The City of Round Rock vs. M.K.M. Properties, Inc.;
and
WHEREAS, said City and Respondents have entered into a
Compromise Settlement Agreement relative to said Condemnation
Proceedings, a copy of which Compromise Settlement Agreement is
attached to this resolution as Exhibit A and made a part hereof
for all purposes as if copied herein word for word; and
WHEREAS, the City Council of Round Rock deems it advisable
and in the best interests of the City to enter into said
Compromise Settlement Agreement;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROUND ROCK that the Mayor of the City of Round Rock should be,
and he is, hereby authorized to sign said Compromise Settlement
Agreement entitling the City of Round Rock to the benefits
thereof and obligating the City of Round Rock as therein
provided.
1984.
ATTEST:
RESOLUTION AUTHORIZING MAYOR OF CITY OF ROUND ROCK TO
EXECUTE THE COMPROMISE SETTLEMENT AGREEMENT ATTACHED
HERETO AS AN EXHIBIT RELATIVE TO TWO CONDEMNATION
PROCEEDINGS, ONE BEING FILED AGAINST FRANKLIN PIERCE,
B. G. PIERCE, T. D. PIERCE, AND WILLIAM A. MCGINNIS,
AND AND ONE BEING FILED AGAINST M.K.M. PROPERTIES, INC.
ig
PASSED, APPROVED, AND ADOPTED this , d
/ay of
C Y SECRETARY
CITY OF ROUND ROCK
BY
MAYOR
NO.
EXHIBIT A
THE CITY OF ROUND ROCK § CONDEMNATION PROCEEDING
VS. § FILED WITH THE
FRANKLIN PIERCE, B. G. PIERCE, § DISTRICT JUDGE,
T. D. PIERCE, AND §
W. A. MCGINNIS § 26TH JUDICIAL DISTRICT
THE CITY OF ROUND ROCK § CONDEMNATION PROCEEDING
§
vS. § FILED WITH THE .
§
M.K.M. PROPERTIES, INC. § DISTRICT JUDGE, 26TH
§ JUDICIAL DISTRICT
COMPROMISE SETTLEMENT AGREEMENT
THIS AGREEMENT is by and between The City of Round Rock, a
municipal corporation located in Williamson County, Texas,
hereinafter referred to as Petitioner and Franklin Pierce, B. G.
Pierce, T. D. Pierce, and W. A. McGinnis individually, and M.K.M.
Properties, Inc., a Texas Corporation, hereinafter referred to as
Respondents:
WHEREAS, Petitioner filed two petitions for the condemnation
of an easement over, across and under property belonging to
Respondents, said property to be condemned being'more fully
described in Exhibit A; and
WHEREAS, bona fide disputes and controversies exist between
the parties as to the amount Respondents should be paid for the
easement to be condemned and their access to and use of•the sewer
line to be installed on said easement, and by reason of such
disputes and controversies the parties hereto desire to
compromise and settle all claims and causes of action of any kind
whatsoever which any party has or may have in the future arising
out the condemnation of said easement and intend that the full
terms and conditions of the compromise and settlement be
forth in this compromise settlement agreement;
NOW, THEREFORE, in consideration of the mutual promises and
agreements herein contained, including the recitals set forth
hereinabove, the parties agree as follows:
1. Petitioner agrees:that as primary consideration
Petitioner shall reserve capacity equal to seventy -five (75)
1
L.U.E.s (living unit equivalent) on the sewer line to be
constructed on said easement, for the use of Respondents, their
heirs, successors and assigns in interest, for a period not to
exceed eight (8) years from the date the sewer line is installed.
2. Petitioner agrees that as further consideration
Petitioner shall pay Respondents the lump sum of Nine Thousand
and no /100 ($9,000.00) Dollars for said condemned easement upon
receipt of this agreement properly executed.
3. Respondents agree that as consideration Respondents
shall execute the documents granting said easement upon receipt
of this agreement properly executed and the sum of Nine Thousand
Dollars as specified above.
4. It is understood and agreed that the City of Round Rock
is not waiving any fees that may be required for sewer' service by ,
City ordinances.
5. It is understood and agreed that this compromise
settlement agreement shall be binding upon and inure to the
benefit of the parties and their respective heirs,
representatives, successors and assigns.
6. It is understood and agreed that this compromise
settlement agreement covers both condemnation proceedings
referred to above and that Respondents have entered into their
own separate agreement as to the division of the $9,000.00 and
the seventy -five (75) L.U.E.s.
7. It is understood and agreed that this compromise
settlement agreement contains the entire agreement between the
parties relative to both condemnation proceedings and supersedes
any and all prior agreements, arrangements, or understandings
between the parties. relating to the subject matter. No oral
understandings, statements, promises or inducements contrary to
the terms of this compromise settlement agreement exist.- This
compromise settlement agreement cannot be changed or terminated
orally.
8. It is understood and agreed that this compromise
settlement agreement shall be governed by, construed and enforced
2
in accordance with, and subject to,•the laws of the State of
Texas.
9. This settlement agreement has been prepared by the joint
efforts of the respective attorneys for each of the parties.
10. It is understood and agreed that this compromise
settlement agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all
purposes.
IN WITNESS WHEREOF, the parties have executed this agreement
on the day of , 1984.
CITY OF ROUND ROCK
STATE OF TEXAS
COUNTY OF WILLIAMSON
BY:
FRANKLIN PIERCE
B. G. PIERCE
T. D. PIERCE
W. A. MCGINNIS
M.K.M. PROPERTIES, INC.
BY
This instrument was acknowledged before me on the day of
, 1984, by of
the City of Round Rock, a municipal corporation, on behalf of
said corporation.
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires:
STATE OF TEXAS
COUNTY OF
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of
, 1984, by B. G. Pierce.
STATE OF TEXAS
COUNTY OF
STATE OI' TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of
, 1984, by Franklin Pierce.
STATE OF TEXAS
COUNTY OF
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires:
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires:
This instrument was acknowledged before me on the _ day of
, 1984, by T. D. Pierce.
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires:
This instrument was acknowledged before me on the _ day of
, 1984, by W. A. McGinnis.
NOTARY PUBLIC, STATE OP TEXAS
My Commission Expires:
This instrument was acknowledged before me on the _ day of
, 1984, by , of
M.K.M. Properties, Inc., a Texas Corporation, on behalf of said
corporation.
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires:
4
EXHIBIT "A"
Page 1 .
Dec. Si, 1983
FIELD NOTES OF A FIFTEEN (15) FOOT WIDE SANITARY SEWER LINE EASEMENT
FIELD NOTES describing a strip of land, being fifteen (15) feet in
width, for the purpose of construction and maintenance of a sanitary
sewer line, being upon that certain 2.451 acre tract conveyed to
Franklin Pierce, et al, by Warranty Deed recorded in Volume 935, Page
'657 of the Deed Records of Williamson County,'Texas, being,mpre par- '
ticutarly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at a point in the east right -of -way line of
Interstate Highway No. 35, being the northwest corner of said 2.451
acre tract; thence along said east right -of -way line, S02„23'W, 32.32
feet to a point for the northwest corner and POINT OF BEGINNING of the
hereinafter described easement; g
'1'IIENCE along the north line hereof, the following three (3) courses:
1.) S87 37'E, 11.35 feet to a Point of Curvature hereof;
2.) along the arc of a curve to the right having elements of delta=
11 07'01 ", radius= 315.66 feet, arc= 61.25 feet, tangent= 30.72 feet,
chord bearing and chord. N46 22'00 "E, 61.15 feet to a point in the
north line of said 2.451 acres, for a Point of Tangency hereof;
3.) N80 08'E, 35.10 feet to a point for the easterly limits hereof;
THENCE along the south line hereof, the following two (2) courses: -
1.) along the arc of a curve to the left having elements of delta=
18 23'26 ", radius. 300.66 feet, arc= 96.50 feet, tangent= 48.67 feet,
chord bearing and chord= 548 38'W, 96:09 feet to a Point of Tangency '
hereof;
2.) N87 37'W, 18.71 feet to a point in said east right -of -way line,
for the southwest corner hereof; ri
THENCE along said east right - of - way line, NO2 23'E, 15.00 feet to the
POINT OF BEGINNING of the herein described easement, containing 0.032
acres (or 1400 square feet) of land more or less.
EXHIBIT "A"
Page 2
Dec. 6, 1983
FIELD NOTES OF A FIFTEEN (15) FOOT WIDE SANITARY SEWER LINE EASEMENT
FIELD NOTES describing a strip of land, being fifteen (15) feet in
width, for the purpose of construction and maintenance of a sanitary
sewer line, being upon the remainder of that certain "TRACT 2" con-
veyed Lo M. K. M. PROPERTIES, INC., by deed recorded in Volume 685,
Page 712 of the Deed Records of Williamson County, Texas. bs a mor
particularly described by metes and bounds as follows; �;' ' s
BEGINNING FOR REFERENCE at a point in the east right -of -Why lino,of
Interstate Highway No. 35, being the northwest corner of that certain.
2.451 acre tract convoyed to Franklin Pierce, et al, by Warranty Deed
recorded in Volume 935, Page 657 of said Deed Records, being the most
westerly southwest corner of the remainder of spid "TRACT 2"; thence
N80 O8'E. 55.06 feet to a point for the westerly limits and POINT OP
BEGINNING of the hereinafter described easement;
TIIENCE along the north line hereof, thw following two (2) courses;
1.) along the arc of a curve to the right having elements of delta.
28 12'45 ", radius. 315.66•feet, 155.43 feet, tangent. 79.32 feet,
chord bearing and chord. N66 01 ' 40 E, ]53,87 feel: to a Point of Tan-
gency hereof;
2.) N80 08'E, 562.43 feet to a point in thu centerline of an existing
sewer line easement grunted to the City of Round Rock, ' Tax4'4, by deed
recorded in Volume 548, Page 246 of said Deed Records, for the northea
corner hereof;
TIIENCE along said centerline, for the east line hereof. S20 28'14./
17.38 feet to a point. for the most easterly southeast corner hereof;
TIIENCE along the south line hereof, the following three (3) courses;
1.) S80 08'W, 553.66 feet to an angle point hereof.;
2.) alone the arc of 11 curve LO the left having elements Of delta.
22 18'25 ", radius. 300.66 feet, arc. 117.06 feet, tangent. 59.27 feet,
chord Deering and chord. S68 59'W, 116.32 feet to a Point of 'Tangency
In,the north line of said 2.451 acres;
3.) . S80 08'W, 35,10 feet to the POINT OF BEGINNING of the heroin des-
cribed easement, containing 0.239 acres (or 10423 atuero feul:),of lard
more or 1esa,
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