CM-04-08-018Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
c -06
SS
P.
Department: Legal
Contact Person: Don Childs
Project Name: Red Bud Lane
ContractorNendor Name:. Robert Lee Bunnell
cam -
Project Manager/Resource: Steve Sheets/Don Childs {'(� Jf /Q'�-
Council Meeting Date: NA J
Funding Source: NA
Assigned Attorney: Don Childs
Amount: (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Submission to City Manager -
Yes No
Yes
No
Yes X No
X
X
(see required signatures below before submission to the City Manager)
Agenda Wording:
Initial Construction Contract
Construction Contract Amendment
Change Order
nChange in Quantity
n Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
X❑ Other (Please dearly identify action on lines below)
Execution of Right of Entry, Possession and Construction Easement
for Robert Lee Bunnell property (parcels 6 & 7) on Red Bud Lane expansion
For Submission to City Manager Only
Project Mgr. Signature:
Dept Director Signature:
City Attorney Signature:
City Manager Signature:
Date:
Date:
Date:
Date:
Approval is required for all items requesting City Manager's ap.rovai.
riLv i� AUG 12 2004
i
Finance Approval
0 Finance -Date and Signature:
❑ Purchasing -Date and Signature:
g/administrafiankmgrrquncl actionxls 7-14-04
DATE:
BLUE SAFET—City Manager Action
August 10, 2004
SUBJECT: City Manager action—August 13,2004
ITEM:
Authorization for the City Manager to execute a Right of
Entry, Possession and Construction Easement for the
Robert Lee Bunnell property (parcels 6 & 7) on the Red
Bud Lane expansion.
Department: Legal
Staff Person: Steve Sheets/Don Childs
Justification: To allow for immediate possession of property during
negotiation for acquisition.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
STA I E OF TEXAS
COUNTY OF WILLIAMSON
§
WHEREAS, ROBERT LEE BUNNELL, INDIVIDUALLY AND AS INDEPENDENT
EXECUTOR OF THE ESTATE OF MORRIS D. CLARK, of the County of Williamson, State of
Texas, hereinafter referred to as "GRANTOR", whether one or more, is the owner of those certain
pieces, parcels or tracts of land in Williamson County, Texas, being more particularly described by
metes and bounds in Exhibits "A -B", which are attached hereto and made a part hereof; and
WHEREAS, THE CITY OF ROUND ROCK, TEXAS, hereinafter referred to as the
"GRANTEE", plans to acquire fee simple title to, and/or easement interests in, the tracts of land
described in Exhibits "A -B", whether through contract and conveyance or through eminent domain
proceedings; and
WHEREAS, the GRANTEE must have possession of said -described tract of land for the
purposes described below,
Construction of Red Bud Lane ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the agreement of GRANTEE to postpone the scheduling of the
special commissioners hearing to a date and time as agreed to between the parties, 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 Exhibits "A -B".
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 or easement interest through
condemnation, and proceeding with surveying, site review and analysis, utility relocation, actual
construction of the Project, and all manner of preparation and work attendant thereto. Utility
relocation, if any, 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 Exhibits "A -B".
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 or
movement of earthen fill or other materials 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
CM81041-02reI8
X:\bunnellpard\o\Right of Entry -- revised -- 8.4.04.wpd/kg 1.
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.
At no time during the possession of the property by GRANTEE for the purposes described
herein shall GRANTOR be denied reasonable access and/or ingress to or egress from the remaining
property for the current uses of such property.
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 any rights to the Property by the GRANTEE under the
right of eminent domain as set out in Cause No. 04-0713-CC3,, City of Round Rock, Texas
v. Robert Lee Bunnell, Individually and as Independent Executor of the Estate of Morris D.
Clark, et. al. (the "Cause"). 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. This Agreement shall in no
way prejudice GRANTOR'S right to receive full and just compensation as allowed by law
for all of GRANTOR'S interests in and to the Property taken by the City, and damages, if
any, to the remainder of GRANTOR'S interest in any larger tract of which the Property is a
part.
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 thirty
(30) 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 valuation for purposes of determining the value of the just compensation for the
fee simple rights sought in the Cause shall be the date of deposit of a Special Commissioners'
award in the registry of the court.
2.
This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties.
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.
7. The Special Commissioners' hearing will be scheduled and held no later than December 15,
2004, at a time and place mutually convenient to both GRANTOR and GRANTEE; provided,
however, that if the special commissioners' hearing cannot be set prior to December 15, 2004
due to a reason created by GRANTOR, then this Agreement will remain in full force and
effect and a Special Commissioners' hearing will be held reasonably promptly thereafter.
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 to 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 her own free will, without coercion, harassment, or threat.
Executed this the 13 day of MUSUST 2004.
3.
Robert Lee Bunnell, Individually andasQC
Independent Executor of the Estate of
Morris D. Clark
GRANTEE:
CITY OF ROUND ROCK, TEXAS
s Nuse, P.E.,
Manager
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 5 day of August, 2004 by Robert
. Lee Bunnell, in the capacity and for the purposes stated therein.
4
=l}
SUSAN P. WOODROW
MY COMMISSION EXPIRES
Jury27,2005
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
Printed Name: Su SA vt P. W o o d ro .Q-3
My Commission Expires: 7-2.7—o ,Sr.
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the /3 day of RM OY , 2004 by
James Nuse in the capacity and for the purposes stated therein.
u; CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
4.
ilDlantmv.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
1
Clark
0.225 Acre Tract
Page 1 of 3
EXHIBIT
A
DESCRIPTION
FOR A 0.225 ACRE (9,808 SQUARE FOOT) 1'RA.CT OF LAND SITUATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 2, A
CALLED 2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO
MORRIS D. CLARK AND RECORDED IN VOLUME 2153, PAGE 775 OF
THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.225 ACRE TRACT
AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %" iron rod found for the southeast corner of a called
2.50 acre tract of land as described in that deed to Joseph E. Jenkinson and wife, Marion K.
Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same
being on the west right-of-way line of County Road No. 122, also called Red Bud Lane (right-of-
way width varies);
THENCE with the west right-of-way line of said County Road No. 122, S 03° 57' 10" W for a
oo
distance of 251.74 feet to a calculated point for the northeast corner of said north Clark 2.50 acre
Q--1 tract, for the northeast corner and POINT OF BEGINNING hereof;
O
THENCE continuing with the west right-of-way line of said County Road No. 122, same being
Crj the east line of said north Clark 2.50 acre tract, S 03° 57' 10" W for a distance of 252.05 feet to a
O calculated point for the southeast corner of said north Clark 2.50 acre tract, same being the
northeast corner of a called 2.50 acre tract of land as described in that deed to Morris D. Clark
and recorded in Volume 2154, Page 788 of the Official Records of said county, for the southeast
corner hereof, from which a %2" iron rod found on the west right-of-way line County Road No.
122, for the southeast comer of a called 2.500 acre tract of land as described in that deed to
Robert M. Carlin and wife, Sophia Carlin and recorded in Volume 1747, Page 414 of the Official
Records of said county bears, S 03° 57' 10" W for a distance of 504.33 feet;
THENCE with the south line of said north Clark 2.50 acre tract, same being the north line of
said south Clark 2.50 acre tract, N 85° 57' 58" W for a distance of 38.47 feet to a %" iron rod set
with Baker-Aicklen cap for the southwest corner hereof;
0
i
0
Clark
0.225 Acre Tract
Page 2 of 3
THENCE through the interior of said north Clark 2.50 acre tract, the following two (2) courses
and distances:
1) N 03° 27' 27" E for a distance of 106.53 feet to a V2" iron rod set with Baker-Aicklen cap
for an angle point hereof, and
2) N 04° 19' 32" E for a distance of 145.42 feet to a' l2" iron rod set with Baker-Aicklen cap on
the north line of said north Clark 2.50 acre tract, for the northwest corner hereof;
THENCE with the north line of said north Clark 2.50 acre tract, S 86° 07' 58" E pass a %" iron
pipe found at a distance of 38.28 feet, continuing for a total distance of 38.44 feet to the POINT
OF BEGINNING and containing 0.225 acre of land
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive, performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-058-51
Filename: W:WROJECTS\CORR\CRI22-RED BUD \ ROW \MB\PARCEL 06.DOC
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1" = 50'
WILLIAMSON COUNTY,
TEXAS
BEGINNING FOR
REFERENCE
JOSEPH E. JENKINSON AND WIFE,
MARION K. JENKINSON
CALLED 2.50 ACRES DOC. NO. 9831278
WILLIAM R. KITTS AND
WIFE, KAY S. KITTS
UNRECORDED DEED PER WCAD
LEGEND
• I/2" IRON ROD FOUND
• 1/2" IRON ROD FOUND
WITH CAP (AS NOTED)
O 1/2"IRON ROD SET WITH
BAKER-AICKLEN CAP
A CALCULATED POINT
p 3/4" IRON PIPE FOUND
( 1 RECORD INFORMATION
PER VOL. 1747, PG. 414
RECORD INFORMATION
PER VOL. 2153, PG. 775
( ) RECORD INFORMATION
PER VOL. 2154, PG. 788
> RECORD INFORMATION PER
CAB. V. SL. 360 - 361
1 1 RECORD INFORMATION
PER DOC. NO. 9831278
« »
1 •
a0.22' Ary
-4
C2
NUMBER
BEARING
DISTANCE
LI
N 85°57'58" W
38.47'
«N 89°55'00" W»
(N 89°55'00" E)
L2
S 86°07'58" E
38.44'
«N 89°55'00" E»
L3
S 86°02'50" E
24.44'
IN 89°57'22" El
<N 89°50'00" E>
<24.33',
L4
N 03°57'10" E
252.28'
IN 00°05'00" EI
(251.767
L5
N 03°5710" E
252.05'
(N 00°05100" E)
(252.40')
L6
S 03°57'10" W
251.74'
IS 00°05'00" WI
(252.051
1
1
DETAIL
(N.T.S.)
•
i-- L2
4
0,t
04 01
NN
33
00
2e )
ao
Oo
coo)
MORRIS D. CLARK
CALLED 2.50 ACRES
VOLUME 2154, PAGE 788
ROBERT M. CARLIN AND WIFE, SOPH/A CARLIN
CALLED 2.500 ACRES
VOLUME 1747• PAGE 414
BURY 8
PARTNERS CAP —.
APPROXIMATE SURVEY �INE�—.
LOT I, BLOCK A, CALLED 3.651 ACRES
STONECREST RETAIL SUBDIVISION
CAB. V. SL. 360 - 361
SAiN4Ul✓L J�I�JJSJI�IS
SUR\/EY,
AASSM c- .(NIO. 347
L!
SEE
DETAIL
L3
i8.28^:p f6,
POINT OF
BEGINNING
PARCEL 6
0.225 ACRE
(9,808 SQ. FT.)
BASIS OF BEARINGS IS
THE COUNTY ROAD 122
PROJECT BETWEEN U.
S. HIGHWAY' NO. 79
AND FOREST CREEK
DRIVE, PERFORMED BY
BAKER-AICKLEN,
APRIL, 2000.
DATE: FEBRUARY, 2003
JOB NO: 0601-2-058-51
BY: TJR
PAGE 3 OF 3
BAKER-AICKLEN
& ASSOCIATES. INC.
ENGINEERS/SURVEYORS
W:\PROJECTS\CORR\CR122-RED BUD\ROW\SKETCH\PARCEL 06.0W013 02 3) May 01. 2003 - 3:4$pm
Clark
0.216 Acre Tract
Page I of 3
11
EXHIBIT
DESCRIPTION
FOR A 0.216 ACRE (9,422 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO MORRIS
D. CLARK AND RECORDED IN VOLUME 2154, PAGE 788 OF THE
OFFICIAL RECORDS OF SAID COUNTY, SAID 0.216 ACRE TRACT AS
SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %z" iron rod found for the southeast comer of a called
2.50 acre tract of land as described in that deed to Joseph E. Jenkinson and wife, Marion K.
Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same
being on the west right-of-way line of County Road No. 122, also called Red Bud Lane (right -of -
CO way width varies);
CO
THENCE with the west right-of-way line of said County Road No. 122, S 03° 57' 10" W for a
Co
distance of 503.79 feet to a calculated point for the northeast corner of said south Clark 2.50 acre
o tract, same being the southeast comer of a Tract 2, a called 2.50 acre tract of land as described in
that deed to Morris D. Clark and recorded in Volume 2153, Page 775 of the Official Records of
o said county, for the northeast comer and POINT OF BEGINNING hereof;
THENCE continuing with the west right -of --way line of said County Road No. 122,
S 03° 57' 10" W for a distance of 252.05 feet to a calculated point for the southeast corner of
said south Clark 2.50 acre tract, same being the northeast comer of a called 2.500 acre tract of
land as described in that deed to Robert M. Carlin and wife, Sophia Carlin and recorded in
Volume 1747, Page 414 of the Official Records of said county, for the southeast comer hereof,
from which a.''A" iron rod found on the west right-of-way line County Road No. 122, for the
southeast corner of said Carlin 2.500 acre tract bears, S 03° 57' 10" W for a distance of
252.28 feet;
THENCE with the south line of said south Clark 2.50 acre tract, same being the north line of
said Carlin 2.500 acre tract, N 85° 57' 58" W for a distance of 36.29 feet to a %" iron rod set
with Baker-Aicklen cap for the southwest comer hereof;
Clark
0.216 Acre Tract
Page 2 of 3
THENCE through the interior of said south Clark 2.50 acre tract, N 03° 27' 27" E for a distance
of 252.06 feet to a V2" iron rod set with Baker-Aicklen cap on the north line of said south Clark
2.50 acre tract, same being the south line of said north Clark /50 acre tract, for the northwest
comer hereof;
THENCE with the north line of said south Clark 2.50 acre tract, same being the south line of
said north Clark 2.50 acre tract, S 85° 57' 58" E for a distance of 38.47 feet to the POINT OF
BEGINNING and containing 0.216 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive, performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTSICORR\CR 122 -RBD BUD \RO W \MB\PARCEL 07.DOC
CO
0.
t-1
00
O
CQ
O
SKETCH TO ACCOMPANY DESCRIPTION
BASIS OF BEARINGS IS THE COUNTY ROAD
122 PROJECT BETWEEN U. S. HIGHWAY NO.
79 ANO FOREST CREEK DRIVE. PERFORMED BEGINNING FOR
BY BAKER-AICKLEN, APRIL, 2000. REFERENCE
SCALE: 1" = 50'
WILLIAMSON COUNTY,
TEXAS
LEGEND
• 1/2" IRON R00 FOUND
4) 1/2" IRON ROD FOUND
WITH CAP (AS NOTED)
o 1/2" IRON ROD SET WITH
BAKER-AICKLEN CAP
A CALCULATED POINT
( ] RECORD INFORMATION
PER VOL. 1747, PG. 414
« » RECORD INFORMATION
PER VOL. 2153, PG. 775
( ) RECORD INFORMATION
PER VOL. 2154.. PG. 788
> RECORD INFORMATION PER
CAB. V, SL. 360 - 361
1 RECORD INFORMATION
PER DOC. N0. 9831278
1
JOSEPH E. JENKINSON AND WIFE,
MARION K. J£NKINSON
CALLED 2.50 ACRES DOC. NO. 9831278
1
WILLIAM R. KITTS AND
WIFE, KAY S. KITTS
UNRECORDED DEED PER WCAD
MORRIS D. CLARK
CALLED 2.50 ACRES - TRACT 2
VOLUME 2153, PAGE 775
i • •
X0.22'
DETAIL ,111
(N.T.E.)
NUMBER
BEARING
DISTANCE
LI
N 85°57'58" W
36.29'
(N 89°55'00" W)
(N 89°53'43" W]
L2
S 85°57$8" E
38.47'
IS 89°55'00" E)
«S 89°55'00" E»
L3
S 86°02'50" E
24.44'
/IS/ 89°57'22" EI
<N 89°50'00" E>
<24.33'>
L4
S 0315710' W
252.28'
IS 00°05'00" W]
1251.76
L5
N 03°57'10" E
252.05'
«N 00°05'00" E»
«252.40'»
L6
N 03°57'10" E -
251.74'
(N 00°05100" El
1252.057
0)
v
N W2'
I•
v
0
ro
YW
Q 0 t
di ¢ e
o �
SDN vJo
J
fi OJ
fritC
X60
n 144
UJ
0
7
ROBERT M. CARLIN AND WIFE,
SOPHIA CARLIN
CALLED 2.500 ACRES
VOLUME 1747, PAGE 414
APPROXIMATE SURVEY LINE
LOT 1, BLOCK A, CALLED 3.651 ACRES
STONECREST RETAIL SUBDIVISION
CAB. V, SL. 360 - 36!
SA.MUSL JEJPJK11N1S
S UR VE Y,
ASSTRA. 847
0
J
L2
%
M(3
00
y0
y
O
h
POINT OF
BEGINNING
PARCEL 7
0.216 ACRE
(9,422 SQ. FT.)
BURY 8
PARTNERS CAP
LI
1.3
SEC
DETAIL
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-51
BY: TJR
PAGE 3 OF 3
vA
BAKER-AICKLEN
& ASSOCIATES. INC.
ENGINEERS/SURVEYORS
W:\PROJECTS\CORR\CRI22-RED BUD\ROW\SKETCIAPARCEL 07.0W0 15 OF 31 M°Y 01. 2003 - 3:50pm