R-99-02-25-13G5 - 2/25/1999 RESOLUTION NO. R-99-02-25-13G5
WHEREAS, the City desires to acquire additional right of way
to facilitate the extension of Greenlawn Boulevard, and
WHEREAS, Milford Anderson, Jr., Wilbur A. Wilson, and David
W. Leppin, the owners of the property, have agreed to grant said
right of way to the City, Now Therefore
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 a Right of Entry, Possession and Construction
Easement with Milford Anderson, Jr., Wilbur A. Wilson, and David W.
Leppin for the conveyance of additional right of way to facilitate
the extension of Greenlawn Boulevard, a copy of said Right of
Entry, Possession and Construction Easement being attached hereto
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, and the Act.
RESOLVED this 25th day of Februa 19
CHARLES CULPEP E Mayor
A TEST: City of Round Rock, Texas
AA AA A
ANNE LAND, City Secretary
x.\We CS\RESO r:\xsoszscs.w /scs
RIGHT OF ENTRY,POSSESSION AND CONSTRUCTION
EASEMENT
STATE OF TEXAS § _
COUNTY OF TRAVIS §
WHEREAS, MILFORD ANDERSON, JR., of the County of Burnet, State of Texas,
WILBUR A.WILSON,of the County of Williamson, State of Texas and DAVID W. LEPPIN,
of the County of Travis,State of Texas,hereinafter referred to as"GRANTOR",whether one or
more,is the owner of that certain piece,parcel or tract of land in Williamson and Travis Counties,
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
February 18, 1999,for the purposes described below,
Construction of Greenlawn Blvd.
NOW THEREFORE,BE IT KNOWN:
That in consideration of the sum of THREE HUNDRED FORTY-SEVEN THOUSAND
ONE HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($347,177.00) 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
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,
K:\TE \ROIIROROCWREEKIAK\RTSRTRY.]/kq
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 fill 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,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 Comrissioners'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 the earlier of either: (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.
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 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 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 o{5 day of FEl3 UL Vle 1999.
GRANTORS:
MILF RD ANDERSON,JR.
WILBUR A. WILSON
AVID W. L
GRANTEE:
CIT RO ROCK,TEXAS
HARLES CULPE PE Mayor
City of Round Rock, Texas
3.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON _
This instrument was acknowledged before me on this the 18th
day of February 1999 by MILFORD ANDERSON,JR.
GPM
Mvca�+�ssweIXVi. Notary Publ' State of
July 20,INS Printed Na
My Commission Expires:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 18th
day of February 1999 by WILBUR A. WILSON.
1
�tti��., KATHY GREEN
.g - hivCOMMISSKINEXPIRES Notary Pu ic, State of
JWy�.t Printed me:
My Commission Expires:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 18th
day of February 1999 by DAVID W.LEPPIN.
KATHY GREEN ( Notary Publ' , State of
{l rrrcco*ussKxvExal�s t{ Printed Nam
1 Juh 78.t98D
My Commission Expires:
4.
-�+ ACKNOWLEDGMENT
STATE OF {9XAS
COUNTY OF W1 SQA) C
This instrument was acknowledged before me on this the 5 "
day of V, 1999 by QRA"5
o CIILP�PPEk, M�lyp
CHRISTINE R.MARTINQ had V
My COMMISS ION EXPIRES
August 5,2001 Notary Public,^y�/tate of��rrr/A��T/��L
Printed Name•Clli� ��`
My Commission Expires:
PREPARED IN THE OFFICE OF:
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
5.
Page 1 of 2 ,
PARCEL A
DESCRIPTION
FOR A 4.507-ACRE TRACT OF LAND SITUATED IN THE
SOCRATES DARLING SURVEY NO. 102, ABSTRACT NO. 232 AND
THE MEMUCAN HUNT SURVEY, ABSTRACT 314, IN WILLIAMSON -
COUNTY, TEXAS, BEING A PORTION OF A 43.00-ACRE TRACT
OF LAND CONVEYED TO OSCAR G. WILSON AND WIFE ALICE V.
WILSON BY INSTRUMENT RECORDED IN VOLUME 353 PAGE 553
OF THE DEED RECORDS OF TRAVIS COUNTY, SAID 4.507-ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING on an iron pipe found on a point in the southerly
right-of-way line of Louis Henna Boulevard (right-of-way width
varies), same being the most northeasterly corner of a 2.00-acre
tract of land conveyed to Gattis School Joint Venture II by
instrument recorded in Document No. 9716449 of the Official
Records of Williamson County, same being the most northwesterly -
corner of said 43.00-acre tract of land, being the most
northwesterly corner and POINT OF BEGINNING hereof;
THENCE with the southerly right-of-way line of Louis Henna
Boulevard, same being the northerly boundary line of said 43.00-
acre tract of land, N73°24156"E for a distance of 125.46-feet to
a capped iron rod set on the beginning of a curve for the most
northeasterly corner hereof, and from which point the most
northwesterly corner of a tract of land depicted as Tract A by
"Boundary Agreement" document (as furnished to the undersigned
prior to recordation) between W.D.L. Investments, Inc., David W.
Leppin, Milford C. Anderson, Jr, and Wilbur A. Wilson, same
being the most northeasterly corner of said 43.00-acre tract
bears N73°24'56"E a distance of 455.87-feet;
THENCE departing the southerly right-of-way line of said Louis
Henna Boulevard, and through the interior of said 43.00-acre
tract of land the following six (6) courses and distances:
1) with the arc of a curve to the left, having a radius of
87.50-feet, a central angle of 90°0813911, an arc length of
137.66-feet, and a chord which bears S28o29115"w for a distance
of 123.90-feet to a capped iron rod set on a point of tangency
hereof;
2) S16°26'27"E for a distance of 91.30-feet to a capped iron rod
set on a point of curvature hereof;
3) with the arc of a curve to the right, having a radius of
860.00-feet, a central angle of 7700610011, an arc length of
1157.26-feet, and a chord which bears S22°06133 11W for a distance
of 1071.90-feet to a capped iron rod set on a point of tangency,
hereof;
4) S60°39'33"W for a distance of 241.92-feet to an iron rod set
on a point of curvature hereof;
5) with the arc of a curve to the left, having a radius of
702.47-feet, a central angle of 32°50'39", an arc length of
402.68, and a chord which bears S44°14114"W for a distance of
397.19-feet to a capped iron rod set on a point of tangency
hereof;
6) S27 048'54"W for a distance of 20.36-feet to an iron pipe
found on a point being the most southwesterly corner of said
43.00-acres, same being the most northwesterly corner of a tract
of land conveyed to David W. Leppin by instrument recorded in
Volume 7489, Page 534 of the Deed Records of Travis County,
Texas also being the easterly boundary line of a 120.658-acre
tract land conveyed to Dell Computer Holdings, L.P. by
instrument recorded in Volume 11938 Page 1764 of the Real
EXHIBIT
P wk
Page 2 of 2 '
Property Records of Travis County, Texas, and being the most
southerly corner hereof;
THENCE with the westerly boundary line of said 43.00-acre tract
Of land, same being the easterly boundary line of said 120.658-
acre tract of land, N27°19153"E for a distance of 442.04-feet to
a capped iron rod set on a point of non-tangency hereof;
THENCE departing the easterly boundary line of said 112.901-acre
tract of land, through the interior of said 43.00-acre tract of
land with the arc of a curve to the right, having a radius of
897.53-feet, a central angle of O1oW 08", an arc length of
28.75-feet, and a chord which bears N59 044129"E for a distance
of 28.75-feet to a capped iron rod set on a point of tangency
hereof;
THENCE continuing through the interior of said 43.00-acre tract
of land the following three (3) courses and distances:
1) N60o39133"E for a distance of 241.92-feet to a capped iron
rod set on a point of curvature hereof;
2) with the arc of a curve to the left, having a radius of
740.00-feet, a central angle of 77°06100", an arc length of
995.78-feet, and a chord which bears N22 006133"E for a
distance of 922.33-feet to a capped iron set on a point of
tangency hereof;
3) N16°26'27"W for a distance of 93.07-feet to a capped iron rod
set on a point in the easterly boundary line of said 2.00-
acre tract, same being the westerly boundary line of said
43.00-acre tract of land, and being an angle point hereof;
THENCE with the easterly boundary line of said 2.00-acre tract
of land, same being the westerly boundary line of said 43.00-
acre tract of land N27°19153"E for a distance of 118.59-feet to
the POINT OF BEGINNING hereof and containing 4.507-acres of
land.
Surveyed u der the direct supervision of the undersigned
M.z4&Z
Suepnen W Z g�va
Registered Professional Land Surveyor No. 4933te
Baker-Aicklen & Associates, Inc.
203 E. Main Street
Round Rock, Texas 78664 OF
��O 7
E
�s 0 q�6
PARCEL B PAGE 1 OF 1
DESCRIPTION
FOR A 0.018-ACRE (773-SQUARE FOOT) TRACT OF LAND -
SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314
IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A
43.00-ACRE TRACT OF LAND CONVEYED TO OSCAR G. WILSON
AND WIFE ALICE V. WILSON BY INSTRUMENT RECORDED IN
VOLUME 353, PAGE 553 OF THE DEED RECORDS OF TRAVIS
COUNTY, SAID 0.018-ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE on a iron pipe found on a point in the
southerly existing right-of-way line of Louis Henna Boulevard,
same being the northwesterly corner of said 43-acre tract of
land, same being the northeasterly corner of a 2.00-acre tract
of land conveyed to Gattis School Road Joint Venture by
instrument recorded in Document No. 9716449 of the Official
Records of Williamson County, thence departing the southerly
right-of-way line of Louis Henna Boulevard, with the easterly
boundary line of said 2.00-acre tract, same being the westerly
boundary line of said 43-acre tract of land, S27°19153"W a
distance of 118.59-feet to a capped iron rod set on an angle
Point hereof, thence departing the easterly boundary line of
said 2.00-acre tract through the interior of said 43.00-acre
tract of land, with the westerly right-of-way line of the
proposed Greenlawn Boulevard Extension, S16°26127"E a distance
Of 93.07-feet to a capped iron rod set on a point of curvature
hereof, the continuing through the interior of said 43.00-acre
tract, same being the curving easterly right-of-way line of the
proposed Greenlawn Boulevard Extension to the right, having a
radius of 740.00-feet, a central angle of 10°23106", an arc
length of 134.13-feet, and a chord which bears 511°14.54"E a
distance of 133.94-feet to the POINT OF BEGINNING hereof;
THENCE continuing through the interior of said 43.00-acre tract
of land with the curving easterly right-of-way line of the
Proposed Greenlawn Boulevard Extension to the right, having a
radius of 740.00-Peet, a central angle of 02°33119", an arc
length of 33,00-feet, and a chord which bears SO4°46'41"E for a
distance of 33.00-feet to a point of non-tangency hereof;
THENCE departing the easterly right-of-way line of the proposed
Greenlawn Boulevard Extension, continuing through the interior
of said 43.00-acre tract the following (3) three courses and
distances: -
1) S85°01155 11W for a distance of 23.26-feet to a angle point
hereof;
2) N04°58'05"W for distance of 33-00-feet
to a angle point
3) N85°01'55"E for a distance of 23.37-feet to the POINT OF
BEGINNING hereof and containing 0.018-acre of land.
Surveyed under the direct supervision of the/undersigned:
M Step end s� dale
Registered Professional Land Surveyor No. 4933 Date
Baker-Aicklen s Associates, Inc.
203 E. Main Street
Round Rock, Texas 78664
wllaonaq.aoe D LE` ,
1933
9N`4Is�o�.a�. ,
SUR @
SKETCH TO ACCOMPANY DESCRIPTION
n PARCEL B
P•O 0.0I8 ACRE api
N85°01'55"E BEd -
23.3T C 7
N04°5B'OS'W �i.es� 1\d� SCALE:1"=200'
33.00' /
!
23.26' `p. / '`^
DETAIL 0�' N KUL.INVESTMENTS,MC.
M..T.T. :'1p1P (� O o VOL.1616 P6.273
6 BDUNOART PER
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P.O.B. J p6/IRS `P ' /
7 FLAT IRON FAUN
N2T°19'53"E•�Zu � / I 2 2 ,"
.418.59• ,`��' S16°2627 E DEED L.0/'I 5
91.30' ,y 6 ,�d52
1e IRF/
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'IRF 93.07' � -
6
Gd r715 SCRppc
DOL PARCEL A
9T716449
'DO oe SEE OE TAILIt O}e,, 4.507 ACRES
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TRAVIS CpUNTY
MATCHLINE SHEET 2
LEGEND
D=CALCULATED POINT
OIRS=CAPPED IRON ROD SET
c; li.Jl:en •IRF=IRON ROD FOUND
c OIPF-IRON PIPE FOUND
LINE BREAK
D.R.T.C.=DEED RECORDS TRAVIS COUNTY
P.O.B.=POINT OF BEGINNING
° ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
CENTRAL ZONE.N40-83.
Baker-Alcklen
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eJ� ➢.R.T.G 15.00 AC
D.R.T.C.
TRACT ONE
IPF
CURVE TABLE
NUMBER DELTA C.B. RADIUS ARC CHORD
CI 90°08'39" S 28°29,15"W 87.50 137.66 123.90
C2 7T°06'00" S 22°06'33"W 860.00 1157.26 f07L90
C3 77°06'00" N 22°06'33"E 740.00 995.78 922.33
C4 32°50'39" S 4401474"W 702.47 402.68 397.19
C5 0I°50'08" N 59°44'29"E 897.53 28.75 28.75
C6 10°23'06" N 11°14'54"W 740.00 !34.13 !33.94
CT 02 133,19" S 04°4641"E 740.00 1 33.00 33.00
ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYST£
CENTRAL ZONE.NAD-83.
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o•
STEPHEN TRUESOALE
4933
pec suR
As Prepared By: Date
M. Stephen Truesdale, R.P.L.S. x'4933 Baker-Alcklen
203 E Win Street, Suite 201 8 Aeaoelates,Inc.
Round Rock, Texas 78664 ��� Engineers/Surveyors
Tel. (512)244-9620 SHEET 2 of 2
rp name.M:�BRE"OA,BOSI]\GL dvMEAS.evG
t
; .
DATE: February 19,1999
SUBJECT: City Council Meeting—February 25,1999
ITEM: 13.G.5. Consider a resolution authorizing the Mayor to execute a Right-of-
Entry agreement for the Wilson,Anderson,and Leppin tract for the
acquisition of right-of-way for Greenlawn Boulevard.Staff
recommends approval.The City is currently acquiring right of way for
the extension of Greenlawn Boulevard from Louis Henna Boulevard to
IH 35. One of the tracts required for the construction of the project is
the Wilson,Anderson,and Leppin tract.The owners of the tract have
agreed to execute a Right-of-Entry agreement which assigns to the
City an irrevocable right-of-entry,possession,and construction
casement. The agreement will allow the City to proceed to
construction of the project while negotiations for the right of way tract
continues. In exchange for signing the Right-of-Entry agreement,the
City will pay the current owners of the tract the City's appraised value
for the tract of$347,177.00. This payment will be credited against and
applied to the final purchase price,Special Commissioner's award,or
subsequent judgement in any condemnation proceeding for the
acquisition of the tract.The project is being funded from the 1/2 cent
sales tax for transportation.Staff Resource Person:Jim Nuse,Public
Works Director.