CM-06-01-005CITY MANAGER BLUE SHEET
DATE: December 28, 2005
SUBJECT: December 30, 2005 - City Manager Approval
ITEM: Authorization for the City Manager to execute a Right of Entry,
Possession and Construction Easement with Highland
Management, Inc. for Parcels 5 and 14 of the Highway 79
Project.
Department: Legal
Staff Person: Steve Sheets/Ashley Dawson
Justification: To execute a Right of Entry, Possession and Construction
Easement in order to begin construction of roadway on
designated parcel.
Funding:
Cost: $0.00
Source of funds: TCIP
Background Information:
Updated 3-10-05
Hwy 79 -parcels 5 & 14
1111111\111111111111111111101 :s:T
S
RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION
EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
2006061994
WHEREAS, HIGHLAND MANAGEMENT, INC., of the County of Williamson, State of
Texas, hereinafter referred to as "GRANTOR", whether one or more, is the owner of that certain
piece(s), parcel(s) or tract(s) of land in Williamson County, Texas, being more particularly described
and shown 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 interest in, the tracts of land
described in Exhibits "A -B", whether through donation, 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 the Highway 79 expansion ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the extension of time for negotiation of acquisition by the
GRANTEE, which is 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 Exhibits "A -B" only
for the purposes described herein.
monetary , if any
It is expressly agreed, acknowledged, and understood that the co ideration pa' hereunder,
if any, 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 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, the State of Texas, and
their respective employees, agents, and assigns, for the purposes of entering upon the above-
described property, before the closing of the contemplated donation, real estate transaction or the
acquisition of title through condemnation, and proceeding with surveying, site review and analysis,
and actual installation and construction on the Project, and all preparation and work attendant
thereto.
@PFDesktop\::ODMA/WORLDOX/O:/wdox/CORR/transprt/Hwy79/highland/posagrmt/00092784.WPD/kg
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Hwy 79—parcels 5 & 14
The GRANTEE, its employees, agents, and assigns shall have the right to control and use
the above-described tracts for the purposes described herein, 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, but only to the
extent and as necessary to carry out the purposes of the Project.
The easement, rights, and privileges herein granted shall automatically terminate upon
donation of the property, closing of a real estate transaction or the rendition of a final judgment in
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.
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 a condemnation suit. 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, GRANTEE 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 unless otherwise agreed to between the parties,
to prepare for any hearing before the Special Commissioners appointed by the Court in a
condemnation suit.
4. The date of valuation for purposes of determining the value of the just compensation for the
acquisition of this property shall be the date of full execution of this document by the last
party below.
5. 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
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
2.
Hwy 79—parcels 5 & 14
premises other than GRANTOR, and that there are no parties in possession of any portion of the
referenced real property as lessees.
GRANTOR:
HIGHL M AG ENT, INC.
By: o�---'
Its: 17441b4x)r-
Date: 4)-D %-5-Y31/
GRANTEE:
CITY OF ROUND ROCK, TEXAS
es Nuse, P.E.
Manager
Date: H LP -0 69
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of Dectunbtx 2005 by
, on behalf of Highland Management, Inc., for the purposes and
consideration stated herein.
LOUISE ARMSTRONG
• - MY COMMIS,VON EXPIRES
•...- October 27, 2006 No Public, State of Texas
...........
W...........A,►......A.. Printed Name: Louit, !\rrpS+ronc
My Commission Expires: (0 ' 9 7 , D
3.
Hwy 79—parcels 5 & 14
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 11._ day of UanU1U'L , 2005
by James Nuse, City Manager for the City of Round Rock, Texas, for the purposes and coneration
stated herein.
SHERRI MONROE
Notary Public, State of Texas
My Commission Expires
MAY 7, 2007
Notary Public, State of Texas
Printed Name: Sig evn
My Commission Expires: 11 1 1 D1
After recording return to:
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664
4.
County:
Highway:
Limits:
CSJ No:
Account No:
Williamson
U.S. 79
From: West of FM -1460
To: East of FM -1460
0204-01-055
8014-2-29
PROPERTY DESCRIPTION FOR PARCEL 5
Page 1 of 3
DESCRIPTION OF 0.9264 ACRES (40357 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER
SURVEY NO. 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OFTHATTRACT
OF LAND DESCRIBED AS 14.206 ACRES, REFERRED TO AS TRACT TWO IN THAT WARRANTY DEED TO
HIGHLAND MANAGEMENT, INC., DATED AUGUST 1, 1984, RECORDED IN VOLUME 1054, PAGE 9, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED AS 1.096 ACRES IN THAT WARRANTY DEED TO HIGHLAND MANAGEMENT, INC., DATED
AUGUST 30,1984, RECORDED IN VOLUME 1067, PAGE 679, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.9264 -ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT
FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod set with aluminum cap stampod'Texas Dept of Tran", being the intersection of
the north line of the proposed right-of-way of U.S. Highway No. 79 and the east line of that tract of land described as
6.55 acres in that warranty deed to Highland Management, Inc., dated May 23, 2001, recorded in Document No.
2001037863, Official Public Records of Williamson County, Texas, and being 83.52 feet left of proposed survey
baseline station 168+76.52, and also being the northwest comer of the herein described 0.9265 -acre tract, from
which a Point for Reference, being a 112 -inch iron rod found at the northwest corner of said 1.096 -acro Highland tract
and an interior ell comer on the east line of said 6.55 -acre Highland tract, bears N08°03'56`W, a distance of 210.84
feet;
THENCE leaving the west line of said 1:096 -acro Highland tract and east line of said 6.55 -acre
the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across said 1
tract and said 14.206 -acre Highland tract respectively, the following three (3) courses:
1. 556°10'26`E, a distance of 54.85 feet to a Texas Department of Transportation
Monument set at the non -tangent beginning of a curve to the left, being 44.00 feet left
baseline station 169+14.77;
Highland tract, with
.-acre Highland
(Tx.D.o.T.) Type 11
of proposed survey
2. a distance of 73.60 feet with the arc of the said curve to the left whose central angle is 0°22'10', with a
radius of 11415.16 feet and whose chord bears N77°27'22 -E, a distance of 73.60 feet to a Tx.D.o.T. Type
I1 Monument set for point of tangency, being 44.00 feet left of proposed survey basekne station 169+88.65;
3. N77° 16'17`E, passing at a distance of 32.44 feet, a 1 -inch iron rod with aluminum cap stamped `Texas
Dept of Tran' set In the east line of said 1.096 -acre Highland tract and the west line of said 14.206 -acre
Highland Tract, continuing in all a distance of 407.87 feet to a Tx.D.o.T. Type 11 Monument set on the east
line of the said 14.206 -acre Highland tract, being the west line of that tract of land described as 24.0110
acres in that warranty deed to Church of Christ of Round Rock, dated April 5, 2000, recorded in Document
No. 2000022099, Official Public Records of Williamson County, Texas, said point being 44.00 feet left of
proposed survey baseline station 173+96.53, from which a Point for Reference, being a 1/`2 -inch iron rod
found at the northeast comor of the said 14.206 -acre Highland tract and the northwest comer of the
24.0110 -acre Church of Christ tract, bears NO2°33'55'W, a distance of 1511.46 feet;
4. THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with said east line of
the 14.206 -acre Highland tract and west line of said 24.0110 -acre Church of Christ tract, S02°33'55'E, a
distance of 69.99 feet to a point on the north line of the existing right-of-way of U.S. Highway No. 79 (varying
width), for the southeast comer of the said 14.206 -acre Highland tract, same bung the southwest comer of said
24.0110 -acre Church of Christ tract, from which a 1/2 -inch iron rod found bears S02°33'551E, a &lance of 1.92
feet;
TATech11T'xDoTGonarah 50a98_TxDoT_US79-AiL oW-PtanWnoleiWn01-211_P5.ay.doc January 12, 2004
County:
Highway:
Limits:
CSJ No:
Account No:
Williamson
U.S. 79
From: West of FM -1460
To: East of FM -1460
0204-01-055
8014-2-29
Page 2 of 3
THENCE leaving the east line of said 14.206 -acre Highland tract and the west line of said 24.0110 -acre Church of
Christ tract, with the north line of the existing right -o# -way of U.S. Highway No. 79, same being the south line of the
said 14.206 -acre Highland tract and the 1.096 -acre Highland tract respectively, the following two (2) courses:
5. S75°30' 19' W, passing at a distance of 283.04 feet a broken Tx:D.o.T. Type I Monument found, in all a total
distance of 289.17 feet to a point of curvature;
6. passing at an arc distance of 80.67 feet, a point from which a 312 -inch iron rod found for reference bears
N08°00'39"W, 0.20 feet, continuing in all an arc distance of 227.64 feet with the arc of the said cutve to the
right whose central angle is 0217'47, with a radius of 5679.58 feet and whose chord bears S76°3912*W.
a distance of 227.63 feet to a point, being the southwest comer of said 1.096 -acre Highland tract, the
southeast comer of said 6.55 -acre Highland tract;
THENCE leaving the north line of the existing.right-of-way of U.S. Highway No. 79 and south lino of the 1.096 -acre
Highland tract, with the west line of said 1.096 -acre Highland tract and east line of the 6.55 -acre Highland tract,
N08°03'56 -W passing at a distance of 0.41 feet a1/2 -inch iron rod found, In all a total distance of 120.72 feet to the
POINT OF BEGINNING and containing 0.9265 acres (40357 square feet) of land, more or less.
Summary
Parcel 5 = 0.9265 acres (403571 square feet)
5802-1-6E.041-
-Te4e!-ActiEsf#ion-=-1:64#-sores-{45358tsgaare-feet}--
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83 and adjusted to project surface
coordinates using the adjustment scale factor of 1.000085.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, David Willits, a -Registered Professional Land Surveyor, do hereby certify that the above description Is
true and correct to the best of ray knowledge and belief and that the property described herein is based upon a on the
ground survey compiled during October, 2001.
WITNESS MY HAND AND SEAL at Austin, Travis County, : , jt1i the 12th day of January, 2004 A.O.
Carter & Burgess, Inc.
2705 Bee Cave Rd., Ste. 300
Austin, Texas 78746
14)
David Willits
Registered Professional Land Surveyor
No. 5744 - State of Texas
TATechitTxDOTGenend1 is0098TiOoT_US7941Ri oW.PlarOnolaaWn011211._, amy dor
January 12, 2004
6-
CHURCH OF CHRIST OF ROUND ROCK
OOC.200002209 9. 0.P.R.W.C.
WARRANTY DEED: APR. 5. 2000
24.0110 AC.
Po.e3cif 3
GRAPHIC SCALE
C)
•
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(41:0,110.sIr •mss.,
n C)
U
L.&1 < HIGHLAND MANAGEMENT, INC.
V0L.1054, PG.9. O.R.W.C.
WARRANTY DEED: AUGUST 1. 1984
CO TRACT TWO, 14.206 AC.
• G. lew DaJc
< W - 578661.3
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r 0.9264 AC.
f196.8'
8`
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R : 5678.58' VOL.616, PG.421,
L •• 227$4' O. R.W.C.
C - 227.63' 10' ESMT.:
ca•. S76191211 SEPT. 3. 1975
tS1 f,
• N.T.S.
PC= 174+27.01
173+96.5
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f
HIGHLAND
MANAGEMENT, INC.
V0L.1067, PG.679,
O.R.W.C.
WARRANTY DEED:
AUG. 30. 1984
1.096 AC.
138.1r
•
#
A mit 02210
R.r 11415.16'
L 73.60'
C - 73.60'
C8• N77 -27"22"E
LEGEND
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1/2. MDR AAO SET MI 1XAW. ALIJIMIS
VP SUM IVA OUT C
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TX.D.QT WPC I MONUMENT FIX/40
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WM& a,suc =CADS OF
m1msoli C uNlY. TEXAS
TEXAS DWARFISM or witaxamom
1/$241 -4X -WAY
POW OF TANGENCY
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COURSES FROM ACLOMM40
PROPERTf ilMOROS
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FRO MERN LAC
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PARCEL RUINER FOR
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9+88.65
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PROPOSEDcurauzATA
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Pt 5t. 167+66.19
N 10183391.808
E 3141113.210
A - 213'30'
R - 11459.10'
L - 444.98'
T - 222.52'
C - 444.95'
C8- l;7002'E
Kw. 105+43.67
PT- 164+44.05
ILT.t
PONT PARCEL
168+78.52
43.52' Lt
•
ILLS.
Carter■Burgess
2705 Bee Cove Road
Seiko 300
Awes. Tens 75748
P1,one.312.314.3100 F=512.325.6672
m
0 Coagrfq*t 2004 Carter A Swiss, inc.
•
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4. IIOiMNDER MOS !01012th 84 THE 'ME ARE COMAATEDOr
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70
IN • •. " • PM NW.
sou or wrAs NO. gm
RIGHT -OF -NAY PIAT SHOWING PROPERTY OF
HIGHLAND MANAGEMENT, INC.
OCTOBER 2003
SCALE
Int 100'
US HIGHWAY 79
OISTRICT
14
PARCEL
NUMBER
ACQUISMON
0.9264 40356
mama NO. 110.
5014-2-29 0204-01-055
VALUANSON
DEED AREA
RELWNOER AREA
15.302
14.376
RECORDERS MEMORANDUM
1
clearly legible for satisfactory recordation.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2006061994
E TRtiiy,
08/09/2006 04:25 PM
CARRILLO $44.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
?_ ->f_05i,V . OC c,CVD