CM-04-09-047Rod loug
Request 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.
Department: Legal Project Manager/Resource: Bill Stablein
Contact Person: Steve Sheets/Don Childs Council Meeting Date:
Project Name: Red Bud Lane Funding Source:
ContractorNendor Name: Bill & Kay Kitts Assigned Attorney:
Amount: $27,998.00
GO Bonds
Don Childs
(contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required? Yes X No ❑
Council Agenda Item Yes No 0 RECEIVED SEP 1 5 2004
Submission to City Manager - Yes 0 No 0
(see required signatures below before submission to the City Manager)
Agenda Wording:
▪ Initial Construction Contract
▪ Construction Contract Amendment
▪ Change Order
Change in Quantity
LJ Unforeseen Circumstances
ElInitial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr. #
▪ Purchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
Amount
X❑ Other (Please clearly identify action on lines below $27,998.00
Authorization for City Manager to enter into a Right of Entry,
Possession and Construction Easement for the Red Bud Lane
Project (Kitts parcel).
For Submission to Ci
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature: *
City Manager Signature:
Mana • er On
l r Date:
Date:
Date:
Date:
L , al • pproval Is required for all items requesting City Manager's approval.
Finance Approval DI Finance -Date and Signature:
El Purchasing -Date and Signature:
g/administration/cmgrcouncil action.xls 7-14-04
Request 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.
Department: Legal Project Manager/Resource: Bill Stablein
Contact Person: Steve Sheets/Don Childs
Project Name: Red Bud Lane
ContractorNendor Name: Bill & Kay Kitts
Amount:
Council Meeting Date:
Funding Source:
Assigned Attorney:
GO Bonds
Don Childs
$27,998.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Submission to City Manager - Yes
Yes X No n
Yes n No
X
No
X
(see required signatures below before submission to the City Manager)
Agenda Wording:
ElInitial Construction Contract
Construction Contract Amendment
❑ Change Order
n Change in Quantity
n Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr.
❑ Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below) $27,998.00
Authorization for City Manager to enter into a Right of Entry,
Possession and Construction Easement for the Red Bud Lane
Project (Kitts parcel).
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
City Attorney Signature: * Date:
City Manager Signature: Date:
* Legal Approval is required for all items requesting City Manager's approval.
Proval.
Finance Approval xi Finance -Date and Signature: 09-14-04 L. Olsen
❑ Purchasing -Date and Signature:
gladministraton/cmgr-council action.xls 7-1404
DATE:
SUBJECT:
ITEM:
BLUE SHEET FORMAT
September 13, 2004
City Manager Approval - September 17, 2004
Authorization for City Manager to enter into a Right of
Entry, Possession and Construction Easement for the Red
Bud Lane project (Parcel 6 - Kitts).
Department:
Staff Person:
Justification:
Legal
Steve Sheets/Don Childs
Appraised value being paid in return for a possession
agreement in order to allow for construction pending the
final determination of the acquisition value.
Funding:
Cost: $27,998.00
Source of funds: GO Bonds
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Appraised value being paid in return for a
possession agreement in order to allow for construction
pending the final determination of the acquisition value.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
Red Bud Lane -Parcel 5
111111111111111111111111111
II
II
II ESMT
8 PGS
2004076338
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
WHEREAS, THE BILL & KAY KITTS TRUST, 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 Exhibit "A", which IS
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 the tract 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 for the
purposes described below,
Construction of Red Bud Lane ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment ofthe amount of Twenty Seven Thousand Nine Hundred
Ninety Eight and 00/100 Dollars ($27,998), 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 the tract of land described in Exhibit "A". It is expressly agreed
and understood that the consideration paid for this agreement shall be offset and credited against any
final purchase price, award or judgment.
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 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 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
QPFDesktop\::ODMA/WORLDOX/O:/wdox/CORR/transprt/redbudlane/par5klets/posagrmt/000,2333.WPD/kg
Red Bud Lane -Parcel 5
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 -0706 -CC I , City of Round Rock, Texas
v. The Bill & Kay Kitts Trust (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.
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 acquisition shall be the date that this agreement is fully executed by the parties.
S. This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties.
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
2.
Red Bud Lane -Parcel 5
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 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 /3 day of
3.
, 2004.
GRANTOR:
THE BILL & KAY KITTS TRUST
tiL
Bill Kitts, Trustee
GRANTEE:
CITY OF ROUND ROCK, TEXAS
es Nuse, P.E. �y�? ,v
Manager `7 ��`�
2f4
Red Bud Lane -Parcel 5
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this thei3 day of 5e.pf --' ') , 2004 by
Kay Kitts and Bill Kitts, in the capacity and for the purposes stated therein.
EVA M. CARRIZALES
WRIT RISC VAR RIVAS
APRIL. COMMISSION 1, 2007
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State o Texas r_
Printed Name:E'/A I•i • I rl Z&( 3
My Commission Expires:VI ( I tNO1
ACKNOWLEDGMENT
th
This instrument was acknowledged before me on this the 117 day of
James Nuse, in the capacity and for the purposes stated therein.
ins•• eta CHRISTINE R. MARTINEZ
I MY COMMISSION EXPIRES
August 28, 2005
•"''fie ::�iE: `.
4.
2004 by
Notary Public, State of Texas
Printed Name: CNeISrOJ6 g morid6L
My Commission Expires: g-28-06
Kitts
0.217 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.217 ACRE (9,470 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF
LAND IN AN UNRECORDED DEED TO WILLIAM R. KITTS AND WIFE,
KAY S. KITTS (PER WILLIAMSON COUNTY APPRAISAL DISTRICT
RECORDS), SAID 0.217 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Vz" 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), same
being the northeast corner and POINT OF BEGINNING hereof;
THENCE with the west right-of-way line of said County Road No. 122, S 03° 57' 10" W for a
distance of 251.74 feet to a calculated point for the northeast corner 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, for the southeast corner hereof, from which a'/z " iron rod
O found on the west right-of-way line County Road No. 122, for the southeast corner of a called
*-t 2.500 acre tract of land as described in that deed to Robert M. Carlin and wife, Sophia Carlin and
t>D recorded in Volume 1747, Page 414 of the Official Records of said county bears,
S 03° 57' 10" W for a distance of 756.38 feet;
THENCE with the north line of said Clark 2.50 acre tract, N 86° 07' 58" W pass a '/" iron pipe
found at a distance of 0.16 feet, continuing for a total distance of 38.44 feet to a '/2" iron rod set
with Baker-Aicklen cap for the southwest corner hereof;
THENCE through the interior of said Kitts tract, N 04° 19' 32" E for a distance of 251.75 feet
to a W' iron rod set with Baker-Aicklen cap on the south line of said Jenkinson 2.50 acre tract,
for the northwest corner hereof;
Kitts
0.217 Acre Tract
Page2of3
THENCE with the south line of said Jenkinson 2.50 acre tract, S 86° 07' 58" E for a distance of
36.80 feet to the POINT OF BEGINNING and containing 0.217 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
00 Filename: W:\PROJECISICORR\CR122-RED BUD\ROMMBIPARCEL 05.DOC
00
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1' - 50'
IIILLZANSON COUNTY,
YMCAS
LEGEND
• I/2' IRON ROD FOUNO
O I/2' IRON ROD FOUND
WITH CAP (AS NOTED)
o 1/2' IRON ROO SET WITH
BAKER-AICKLEN CAP
A CALCULATED POINT
O 3/4' IRON PIPE FOUND
I 1 RECORD INFORMATION
PER VOL. 1747, PG. 414
» RECORD INFORMATION
PER VOL. 2153, PG. 775
RECORD INFORMATION
PER VOL. 2154, PG. 768
RECORD INFORMATION PER
CAB. V, SL. 360 - 361
1 1 RECORD INFORMATION
PER DOC. NO. 9831278
JOSEPH E. JENKINSON AND WIFE.
MARION K. JENKINSON
CALLED 2.50 ACRES 00C. N0. 9831278
WAVER
BEARING
DISTANCE
LI
N 86.07$8' W
38.14'
S 89°.5'00' W»
L2
9 86.07$8' E
36.80'
IS 89'5516" El
1.3
9 86'02'30' E
24.44'
(11 89.57'22" E)
<N 89.50'00" E>
>24.33',
L4
N 03.57'10' E
252.28'
IN 00°05'00' E)
(251.76')
L5
N 03.5710' E
252.05'
(N 00.05'00' E)
(252.40')
1.6
5 03.57'10• W
252.05'
S 00.05'00" W»
4<252.40'»
0.22' .
NI DETAIL : i• •
"1 0.12' •
00)
U1.
-40
ih3 TT
6.YW YI�
d
Yc
W
v4o
POINT OF
BEGINNING
0
MORRIS 0. CLARK • • L).. .
CALLED 2.50 ACRES
TRACT 2
VOLUME 2153, 8,465 775
CALLED 2.50 ACRES
MORRIS D. CLARK
VOLUME 2154 PAGE 788
ROBERT M. CARLIN AND WIFE. SOPHIA CARLIN
CALLED 2.500 ACRES
BURY a
VOLUME 1747, PAGE 414
PARTNERS CAP
-- --APPROXIMATE SURVEY LINE
LOT 1, BLOCK A. CALLED 3.65/ ACRES
STONECREST RETAIL SUBDIVISION
CAB. V, SL. 360 - 361
SAMUEL JENKJNS SURVEY,
A8TRAC7" NO. 347
SEE•
DETAIL
/1
L3
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
eArRo ccrncaAnalaz•Am NJD\RDWUNfErc11\1ARar need MEMOl�AN U M
iiDD�A llll or parts of to text on this a e wan t
All
clearly legible for satisfactory
BAKER-AICKL.EN
a A eocuraa. Ivla
ENGINEERS/SURVEYORS
'?"1(1L ( 1 � ,
A,ca, 6, let
t t
FILED IAAND UBLIC RECORDS0 RECORDED
OF 16338
E.�,.
09/29/2004 04:45 PM
CARRILLO $28.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
m - 04-09 - 0 417
AVizituvrud44;:toT
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664