CM-04-11-076Request 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.
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Department: Legal Project Manager/Resource: Bill Stablein
Contact Person: Steve Sheets/Laura Levinson
Council Meeting Date: City Manager Approval (11/19/04)
Project Name: Red Bud Lane (CR 122) Funding Source:
ContractorNendor Name: Assigned Attorney:
Amount:
GO Bonds
Don Childs
(contract, agreement,amendment iVAIr &61()11
change order, purchase order,etc.) L� `�
Is Funding Required? Yes
Council Agenda Item Yes
No
No
Submission to City Manager - Yes X No
X
It betf_-f
(see required signatures below before submission to the City Manager)
Agenda Wording:
0
Initial Construction Contract
❑ Construction Contract Amendment #
❑ Change Order
[]Change in Quantity
[] Unforeseen Circumstances
❑ Initial Professional Services Agreement
❑ Supplemental Professional Svcs. Agr.
❑ Purchasing/Service Agreement
❑ Purchase Order
O
Item(s) to be purchased:
Other (Please clearly identify action on lines below)
Amount
Authorization for City Manager to enter into a Posession, Use & Construction
Easement with the Jenkinsons (Parcel No. 4) for the widening and improvement
of Red Bud Lane (CR 122)
For Submission to City Man er OnI
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
Date: /1-!7
Date: / /-
Date:
Dat
eg. Approval is required for all items requesting City anger's approval.
Finance Approval ❑ Finance -Date and Signature:
❑ Purchasing -Date and Signature:
❑ Budget -Date and Signature:
gladministratonlcmgr-council acton.xls 11-1-04
DATE:
BLUE SHEET FORMAT
(City Manager Approval Form)
November 17, 2004
SUBJECT: City Manager Approval - November 19, 2004
ITEM:
Authorization for the City Manager to execute a Right of
Entry, Possession and Construction Easement for 0.208
acre tract of land out of the Joseph Marshall Survey from
Joseph & Marion Jenkinson (Parcel No. 4) for the
widening and improvement of Red Bud Lane (CR 122).
Department: Legal
Staff Person: Steve Sheets/Laura Levinson
Justification: Right of Entry, Possession and Construction Easement from
Joseph & Marion Jenkinson (Parcel No. 4) for the widening
and improvement of Red Bud Lane (CR 122) project.
Funding: GO Bonds
Cost: $N/A
Source of funds: Round Rock Transportation System Development Corp.
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Widening and improvement of Red Bud Lane
(CR 122).
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
1111111111111111111111111111111 vsnr
Red Bud Lane -parcel 4
2004091179
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
WHEREAS, JOSEPH E. JENKINSON AND MARION K. JENKINSON, 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 Exhibit "A", 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 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 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".
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
@PFDesktop\::ODMA/WORLDOX/O:/wdox/CORK/transprt/redbudlane/pAR4ANKINS/posagrmt/00076041.WPD/kg
CM 1-o4— II -07
Red Bud Lane -parcel 4
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.
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. 04-0707-CC2, City of Round Rock, Texas
v. Joseph E. Jenkinson, 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.
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 unless otherwise agreed between the
parties.
4. The date of valuation for purposes of determining the value of the just compensation for the
fee simple and/or easement rights sought in the Cause shall be the date of the full and
complete execution of this document.
5. This Agreement shall be binding upon the heirs, devises, executors, administrators, legal
representatives, successors and assigns of the parties.
2.
Red Bud Lane -parcel 4
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 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 0 day of DV( Ur2004.
3.
GRANTOR:
GRANTEE:
CITY OF ROUND ROCK, TEXAS
es Nuse, P.E.
Manager
1
Red Bud Lane -parcel 4
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the a day of 11joveMlo.er , 2004 by
Joseph E. Jenkinson and Marion K. Jenkinson, in the capacity and for the purposes stated therein.
STATE OF TEXAS
COUNTY OF WILLIAMSON
0..?&Itatulf
Notary Public, State of Texas
Printed Name: Dee.Roble-bot
My Commission Expires: 6.22 -cit7
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the I uday of / V6M86., 2004 by
James Nuse, P.E., in the capacity and for the purposes stated therein.
1
b.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
4.
Notary Public, State of Texts
Printed Name: %ri5h, K • /17Q1- ne i
My Commission Expires: B -M -OS
Jenkinson
0.208 Acre Tract
Page 1 of 3
EXHIBIT
A
DESCRIPTION
FOR A 0.208 ACRE (9,073 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 JOSEPH
E. JENIUNSON AND WIFE, MARION K. JENIUNSON AND RECORDED IN
DOCUMENT NO. 9831278 OF THE OFFICIAL RECORDS OF SAID
COUNTY, SAID 0.208 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a '4" iron rod found for the southeast corner of said Jenkinson 2.50 acre tract,
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 southeast corner and POINT OF BEGINNING
hereof;
THENCE with the south line of said Jenkinson 2.50 acre tract, N 86° 07' 58" W for a distance
of 36.80 feet to a'/:" iron rod set with Baker-Aicklen cap for the southwest comer hereof;
THENCE through the interior of said Jenkinson 2.50 acre tract, N 04° 19' 32" E for a distance
of 252.17 feet to a cotton gin spindle set on the north line of said Jenkinson 2.50 acre tract, same
being the south line of a called 2.50 acre tract of land as described in that deed to Billy J. Arimes
et ux Sharon S. Arimes and recorded in Volume 1065, Page 896 of the Official Records of said
county, for the northwest corner hereof;
THENCE with the north line of said Jenkinson 2.50 acre tract, same being with the south line of
said Arimes 2.50 acre tract, S 86° 08' 09" E for a distance of 35.16 feet to a calculated point on
the west right-of-way line of said County Road No. 122, same being the northeast comer of said
Jenkinson 2.50 acre tract, same being the southeast comer of said Arimes 2.50 acre tract, for the
northeast comer hereof from which a W' iron rod found on the west right-of-way line County
Road No. 122, for the northeast comer of said Arimes 2.50 acre tract bears, N 03° 57' 10" E for a
distance of 252.40 feet;
Jenkinson
0.208 Acre Tract
Page 2 of 3
THENCE with the west right-of-way line of said County Road No. 122, same being the east line
of said Jenkinson 2.50 acre tract, S 03° 57' 10" W for a distance of 252.16 feet to the POINT
OF BEGINNING and containing 0.208 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. No
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Op Job No.: 0601.2-058.51
Filename: WAPROJECTS 8UD\ROW WB1PARCEL 04 DOC
0
)
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1 • = 40'
WIUJAMSON COUNTY,
TEXAS
BASIS OF BEARINGS 15 THE
COUNTY ROAD 122 PROJECT
BETWEEN U. 5. HIGHWAY 140. 79
AND FOREST CREEK DRIVE.
PERFORMED BY BAKER-AICKLEN.
APRIL. 2000.
LEGEND
• VY IRON ROD FOUND
C 1/2' IRON ROD FOUND
WITH CAP (AS NOTED)
® COTTON GIN SPINDLE SET
• MAG NAIL FOUND
O I/2' IRON ROD SET WITH
BAKER-AICKLEN CAP
A CALCULATED POINT
( ) RECORD INFORMATION
PER VOL. 1065, PG. 996
< > RECORD INFORMATION
PER DOC. NO. 9831278
NUMBER
BEARING
DISTANCE
LI
N 8607`58' W
36.80'
<N 89°5616' W>
L2
9 8608'09' E
35.16'
<S 89.5527' E>
(S 89'65' E)
LOT 40BLOCK A
FOREST RIDGE PHASE 8
CAB. R. SL. 125 - 126 I
_I_
BILLY
BILLY .1. ARIMES ET UX.
SHARON S. ARIMES
CALLED 2.50 ACRES
VOLUME 1065. PAGE 896
L2
L07 50. BLOCK A
LANDSCAPE BUFFER PER
CAB. R, SL. 125 - 126
Z
w
w
N
ti ^
lkinj
bo 5
OIN
Po (4C
Co be
0
"y o
U 5,c3 xv
JOSEPH E. JENKINSON AND
WIFE, MARION K. JENKINSON
CALLED 2.50 ACRES
DOC. NO. 9931278
WILLIAM R. KITTS AND
WIFE, KAY 5. KITTS
UNRECORDED DEED PER WCAD
L/
PARCEL 4
0.208 ACRE
(9,073 SQ. FT.)
PONT OF
BEGINNING
DATE FEBRUARY. 2003
JOB NO.: 0601-2-058-51
BY: TJR
PAGE 3 OF 3
BAKER-AICKLEN
■ ASIBOCIQ1S. INC.
ENGINEERS/SURVEYORS
M\PROJECTlsCORR\CMQ-RED 01.0 11011 3KETCAPARCEL 04.D2013 DF 3111q 01. 2003 - J:W e
'Rid4LLrt
CITY OF ROUND ROCK
(\ ADMINISTRATION
1 221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
1 rl- -11-Ori
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2004091179
11/24/2004 10:00 AM
JACKIE $30.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS