CM-10-10-205ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing a Possession and Use Agreement with Ricardo Zuniga for the Chisholm
Trail Road Project (Parcel 15).
October 15, 2010
Department:
Legal
Project Manager:
Don Childs
Item Summary:
This is a request for execution of a Possession and Use Agreement with Ricardo Zuniga necessary for the Chisholm
Trail Road Project (Parcel 15).
The consideration amount for the Possession and Use Agreement is the appraised value for the acquisition.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: $8,262.00
Source of Funds: 2002 General Obligation Bonds
REV. 6/10/10
10-15-10_Don_Legal_CMASS_PUA - Zuniga (15) - Chisholm Trl (00205352).DOC
RECORDED
DOCUMENT
FOLLOWS
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII :G:cs
POSSESSION AND USE AGREEMENT
STATE OF TEXAS
COUNTY OP WILLIAMSON
2010070471
WHEREAS, RICARDO ZUNIGA, hereinafter referred to as "GRANTOR", whether one
or more, is the owner of that certain piece, parcel or tract of land in Williainson 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 "GRANTEE", plans to acquire a
fee simple interest in the tract of land described hi Exhibit "A" (parcel 15), 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,
Relocation of utility facilities and construction of roadway improvements in connection
with widening of Chisholm Trail Road (Project).
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of EIGHT THOUSAND TWO HUNDRED SIXTY
TWO AND 00/100 Dollars ($8,262.00), 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".
GRANTOR warrants and represents by, through, and under the GRANTOR, but not
otherwise, that the title to the Property is free and clear of all liens and encumbrances on the title
to the Property, or that any necessary and proper releases will be executed for the Property prior
to or simultaneously with the first payment of funds being disbursed under this agreement. The
GRANTOR further agrees to indemnify the GRANTEE from all unreleased or undisclosed liens,
claims or encumbrances that are known to GRANTEE and that affect the Property,
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 interests described in Exhibit "A", and any other
real property situated on Exhibit "A" or on the remainder property adjacent to Exhibit "A" to be
acquired from GRANTOR.
00202571.DOC
DA -k0-1,0-2,05
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 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".
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.
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.
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. The date of valuation for purposes of determining the value of the just compensation for
the Property to be acquired shall be the date of a deposit of a Special Commissioners
Award in any applicable condemnation suit for this acquisition.
5. This Agreement shall be binding upon the heirs, devisees, executors, adtninistrators, legal
representatives, successors and assigns of the parties. Specifically, GRANTOR'S heirs,
devisees, executors, administrators, legal representatives, successors or assigns are bound
by terms of this agreement which state that the consideration paid hereunder to
GRANTOR 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 herein, whether
said GRANTOR 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.
7. GRANTEE agrees that once the GRANTOR, in writing, asks for a special
commissioner's hearing to be scheduled, both parties will undertake all reasonable efforts
to hold a special commissioners' hearing within ninety (90) days after the GRANTOR'S
request. Any award that exceeds $8,262.00 will be deposited in the registry of the court
within twenty (20) days following the award made by the special commissioners. If the
compensation issue is settled through negotiations, a fixed date for receipt of the
additional funds, if any, will be agreed upon as part of the negotiation process.
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 other than identified herein.
[signature page follows]
3.
SELLER:
Risa4e-3utiga
Date: 10 J L ZU IV
PURCHASER:
CITY OF ROUND ROCK
By:
Nuse, P.E.
lager
221 L. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 11D -15--r°
4.
.git'r'Ps,, MEAGAN M. SPINKS
*• = Notary Public, State of Texas
..; My Commission Expires
;�o,,,;;:� September 09, 2014
1
THE STATE 01? TEXAS
COUNTY OF t ('Lt:U
ACKNOWLEDGMENTS
§
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before nie on this the (L "day of the month of
Oct-ebelr' , 2010, by Ricardo Zuniga, known by me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the
act and deed of and on behalf of said entity and in the capacity and for the purposes and
consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
otary Public, State of 1e • a 5
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on this the 154 day of the month of
OCTOeES. , 2010, by James R. Nuse, known by me to be the person whose name is
subscribed to the foregoing instrument, in the capacity and for the purposes and consideration
therein expressed.
After recording return to:
Notary'Pnbli ` tate of
Don Childs
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
5.
(
PROPERTY DESCRIPTION FOR PARCEL 15
Page 1 of 3
ROW
March 5, 2009
DESCRIPTION OF 0.0292 OF ONE ACRE (1,271 SQUARE FEET) OF LAND OUT
OF LOT 19, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN
CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS,
AND OUT OF THAT TRACT D$SCRIBBD IN A DBBD TO RICARDO ZUNIGA, OF
RECORD IN DOCUMENT NUMI3BR 2000052078, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0292 OF QNB ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8" Iron pipe found at the northeast corner of this tract, saki Lot 19
and said. Zuniga tract and the southeast corner of that tract described as 8,16 acres in a
deed to Herbert L. Peterson and wife, Lctcretia Peterson, of record hi Volume 352, Page
13, Deed Records, Williamson County, Texas same being in tho existing west right-of-
way (ROW) lino of Chisholm Trail, from which a 3/4" Iron pipo found at the northeast
corner of said Peterson tract bears N22°06'46"W 297.29 feet;
1) THENCE, with the east line of this tract, said Lot 19, and said Zuniga tract and the
existing wast ROW Iine of Chisholm Trail, S21°44'28"E 90.07 feet to a 1/2" iron
rod found at the southeast corner of this tract, said Lot 19, and said Zuniga tract and
the northeast corner of that tract described as 15 foot right.of=way dedication on the
Amonded Plat of Lots 20 and 21, Round Rook Industrial.Park, of record In Cabinet
N, Slkle 134, Plat Records, Williamson County, Texas;
2) THENCE, with the south lino of this tract, saki Lot 19, and said Zuniga tract and the.
existing west ROW lino of Chisholm Trail and tete north line of said 15 foot right-of-
way dedication, S68°28'10"W 14.91 feet to a 1/2" iron rod found at the southwest
corner of this tract, tho northwest corner of said 15 foot right-of-way dedication, and
tho northeast corner of Lot 20A of said Amended Plat;
3) THENCE, with the wast lino of this tract, crossing said 19 and said Zunlga tract,
N20°42'47"W 90.22 feet to a 1/2" iron rod set with a plastic cap at tits northwest
corner of this tract, same being in the north line of said Lot 19 and saki Zuniga tract
and the sou Mine of said Peterson tract;
EXHIBIT
Page 2 of 3
ROW
March 5, 2009
4) THENCE, with the north line of this tract, said Lot 19 aid said Zuniga tract and the
south "line of said Peterson tract, N69°04'44'R 13.29 feet to the POINT OF
BBOINNING and containing 0.0292 of one acre (1,271 square feet) witliiti these
metes and bounds, inore or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NADS3(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS §
COUNTY
�y �rrp § KNOW ALL MEN BY THEE PRESENTS:
COUNTY 01? TRAVIS §
That I, Chris Conrad, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that
the proporty described Herein was determined by a survey made on the ground under my
direction and supervision. .
WITNESS MY HAND AND SBAL at Austin, Travis County, Texas, this the
5't' day of March, 2009 AD.
SURVEYED BY:
teGRAY & MCGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RIM' 19 ROW) issued 3/5/09
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
RE: CITY OF ROUND ROCKSK�"'`H TO ACCOMPANY DESCRIPTION
or 0.0.....r2 AC. OR 1,271 SQ, FT. OF LAA..
OUT OF LOT 191 ROUND ROCK INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LINE TABLE .
LINE
BEARING :
LENGTH
- L1
..560'28'10'4!
.. 14.91
L2
N8944144'E
1329
DAWJD CURRY SURVEY
A0STRM7' NO, 130
HERBERT L. PETERSON AHO VAFE.
LUCRETIA PETERSON
VOL. 351 P0. 13
O.R.ht.C.
(8.18 AO.)
/
— --
BARBARA LOU CALOV,EI.L ET AL
VOL 700, PO. 586
O.R.W.C. '•
(7.12 A0.)
/`0 4.
IUQA1100 ZUNIGA
00C. 200092078
LOT 10
ROUND ROCK INDUSTRIAL PARK
CAD. 0, SL, '2D3-:294
IP,R.W.C:
3/4'
` 6 a
SCALE 1" 30'
P.A.O.
COUNTY ROAD 173
CIIISIIOLM FRAIL
(R.O.w. VARIES)
\
aN\
0.02
\
AC.
1
1,271271 S4•F1'•
/y U /
/ �tAMMES A. BIEBER
,oi Atil ,r flO OH Cp465
//emd'A/'
/ LOT 20A
..--•"'
...••"" �. -
' AMENDED PLAT OF LOTS 20 AND 21
/ / ROUND ROCKINDUSTRlAT, MIK
j / ' CAD. N, SL. 134-136 P.R.W.C.
)-
V1
NOTES: NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE CO0R0INATE
SYSTEM, cpHrRAL ZONE NAU83(93 HARK) DATUM. THE BEARINGS SHOWN ARE GRID
_
BEARINGS. THESE C00RbINAMES $RE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01 '002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10158747.30, E='3128487.39 AND "RRO1-•007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3128054.81. HAVING A GRID BEARING OF
N16'Q4'02'W, AND A GRID DISTANCE OF 0359.82 FEET. THE COMBINED SCALg FACTOR IS
1.00O12. ALL DISTANCES SHOWN ARt. SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEF ,F AN OWNERSHIP AND EASEMENT
REPORT.
23
b.�'ess�a.-�
SUR
03/05/99
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO, 5823 DATE
Note: This Dopy of We plot Is not yofld unless on original. signature
through on original sool appears on its foes. There fa a description to
oocompony this plot.
IASDSKPROACHISHOIM- DWAPARCELS\RRRIP 19-ROW.OWG
LEGEND
L' 7
O 1/2"IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC'CAP "MORAY MORAY"
P.O.D. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
• WILLIAMSON COUNTY, TEXAS
O.R,4Y.C, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C. ()FFIOIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEAS
SURVEYED BYl ISSUED: 03/06/09
PAGE 3 OF 3
MoGRAY & MoORAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE IVO
AUSTIN, 'TEXAS 78731
(812) 451-82391
409 NO.: 08-112
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2010070471
10/19/2010 08:51 AM
KFOSTER $44.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
-/ 221 EAST MAIN STREET
ROUND ROCK, TX 78664