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R-99-05-13-13B3 - 5/13/1999RESOLUTION NO. R- 99- 05- 13 -13B3 WHEREAS, the City desires to acquire additional right of way to facilitate the extension of Greenlawn Boulevard, and WHEREAS, Gattis School Road Joint Venture, the owner of the property, has 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 Gattis School Road Joint Venture, 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 13th day of May, CHARLES CULP P,Mayor A TEST: City of Round Rock, Texas ANNE LAND City Secretary \RESOLUTI \R90513D3,WPD /ecg STATE OF TEXAS COUNTY OF TRAVIS RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION EASEMENT WHEREAS, GATT IS 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 ($31,000.00) 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 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 ". C'\ TE% T C,>TTIS \RTENTRYS, GAT /Y.g 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 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. 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 ''pi day of m- , 1999. GRANTORS: GATTI SCHOOL RO•I JOINT VENTURE GRANTEE: CITY '4F R9UND ROCK, TEXAS CHARLES CULeP Mayor City of Round Rock, Texas 3. STATE OF Te cas COUNTY OF Il /i (k amanrl CHARLES CRCSSFIELD MY COMMISSION EXPIRES September 23, 2002 STATE OF T COUNTY OF 1 , 01.1 .lArft 0,6 CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of 04.4 07 , 1999 by M4 q) h4/064 on behalf of the GATTIS SCHOOL ROAD JOINT VENTURE. ACKNOWLEDGMENT This instrument was acknowledged before me on this the / ' `�1' day of 1(u , 1999 by Cl/F1,eces cuLPcPPP,e , of -RFR. C! j y of 4. Notary Public, State of Printed Name: CIFAQL4 atc - rJJ My Commission Expires: Notary Public, State of TEXAS_ Printed Name: J/4,651,1AJt L', nwe7, - AJ6L My Commission Expires: g-S-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 78664 FOR A 0.118 -ACRE TRACT OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT N0. 314 OF WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 2.00 - ACRE TRACT OF LAND CONVEYED TO GATTIS SCHOOL ROAD JOINT VENTURE BY INSTRUMENT RECORDED IN DOCUMENT N0. 9716449 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.118 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES 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 2.00 - 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 Travis County, being the most northeasterly corner and POINT OF BEGINNING hereof; THENCE departing the existing southerly right -of -way line of said Louis Henna Boulevard, with the easterly boundary 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 1 18.59 -feet to a capped iron rod set 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 of said 2.00 - acre tract bears S27 ° 19'53 "W a distance of 4 78.58 -feet; THENCE departing the westerly boundary line of said "Estate of 0.G. Wilson" tract, through the interior of said 2.00 -acre tract of land, with the arc of said curve to the left, having a radius of 87.50 -feet, a central angle of 89 ° 00'56 ", an arc length of 135.94 -feet, and a chord which bears N61 ° 56'30 "W for a distance of 122.68 -feet to a capped iron rod set on a point of tangency in the existing southerly right -of -way line of Louis Henna Boulevard for the most northwesterly corner hereof, and from which point an iron rod found on a point for the most northwesterly corner of said 2.00 -acre tract, same being the most northeasterly corner of a 2.00 -acre tract of land conveyed to Strandtech, Inc. by instrument recorded in Document No. 9533369 of the Deed Records of Williamson County, bears S73 ° 40'35 "W a distance of 23 5.24 - feet; 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, N73 ° 40'35 "E for a distance of 169.54 - feet to the POINT OF BEGINNING and containing 0.118 -acre of land. Surveyed under the direct supervision of M. heuesdale Registered Professional Land Surveyor No. Baker Aicklen d Associates, Inc. 203 E. Main Street Round Rock, Texas 78664 gatrow2.doc DESCRIPTION EXHIBIT 1 the undersigned: Date 9933 64 rTls SCHOOL 6040 JOINT / VENTURE DOC. 9716449 2.00 ae. SCALE: /" _ /00' LEGEND °IRS. CAPPED IRON ROD SET •iRF` IRON ROD FOUND 0177" IRON PIPE FOUND P.O.B.= POINT OF BEGINNING .. ° W CO11 000/ ':.. SKETCH TO ACCOMPANY DESCRIPTION 0 As Prepared By; M. Stephen Truesdole, R.P.L.S. /14933 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Tel. (512)244 -9620 SHEET 1 OFI h Dote 0.118 ACRE NUMBER CI DELTA 89 ° 00'56" CHORD BEARING N 61 ° 56'30" W RADIUS 87.50 ARC 135.94 CHORD 122.68 ci 6506 T6 VOL 25.2 H53 47 AC .I .I:. T.0. * ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. CENTRAL ZONE, NAD -83. DR AWN Br. BKG GAIPOW DWG Baker-Alcklen & Associates, Inc. Engineers /Surveyors S GREENLAWN EXTENSION a DATE: May 7, 1999 SUBJECT: City Council Meeting — May 13, 1999 ITEM: 13.B.3. Consider a resolution authorizing the Mayor to execute a Right of Entry, Possession and Construction Easement for the Gattis School Road Joint Venture tract for the acquisition of right -of -way for the extension of Greenlawn Boulevard Staff Resource Person: Tom Word, Traffic Engineer.