CM-10-11-230ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing Supplement to Possession and Use Agreement with Ricardo Zuniga for
the Chisholm Trail Road Project (Parcel 15).
November 19, 2010
Department: Legal
Project Manager: Don Childs
Item Summary:
This is a request for execution of a Supplement to Possession and Use Agreement with Ricardo Zuniga necessary for
the Chisholm Trail Road Project (Parcel 15). This Supplement adds indemnity language.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: N/A
Source of Funds: 2002 General Obligation Bonds
REV. 6/10/10
11-19-10_Don_Legal_CMASS_Sup PUA - Zuniga (15) -Chisholm Trl (00208213).DOC
SUPPLEMENT TO POSSESSION AND USE AGREEMENT
This Supplement to Possession and Use Agreement for Transportation Purposes (this
"Agreement") is between Ricardo Zuniga, the Grantor, whether one or more, and the City of
Round Rock, Texas, the Grantee.
WHEREAS, Grantor and Grantee previously entered into a Possession and Use
Agreement ("PUA") regarding parcel 15 on Chisholm Trail Road in Williamson County, Texas,
a true and correct copy of which as attached hereto as Exhibit "A" and incorporated herein by
reference for all purposes as if fully copied and set forth at length;
WHEREAS GRANTOR and GRANTEE desire to supplement the aforementioned PUA
as set for the herein, said supplement not being in lieu of the aforesaid PUA but in addition
thereto.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. GRANTEE will indemnify, defend and hold Grantor harmless against any and all
claims for personal injury of third parties and damages to the property of third parties that
are caused by the GRANTEE'S use of the Property, provided Grantor promptly notifies
GRANTEE of any such claim and provides GRANTEE with the opportunity to defend
against such claims. The foregoing indemnity shall not include any amounts payable as a
result of the use or possession of the Property by Grantor or pursuant to settlements that
have not been approved in advance by GRANTEE. GRANTEE will and shall cause
GRANTEE'S Grantees to be responsible for the safety of all their employees,
contractors, consultants, invitees, and agents who enter onto the Property at the direction
of Grantees.
Signed as noted on the undersigned dates.
Grantor:
Ricardo Zuniga
Dated:
Grantee:
By:
Name: JNuse, P.E.
Title: City . ger
Dated:
GIS-Io-(I-2�
111111111111111
OIIIIlI1111I� :7„
POSSESSION AND USE AGREEIVIENT
STATE OF TEXAS
COUNTY OF 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 Wiliiatnson County, Texas,
being more particularly described by metes and bounds in Exhibit "A", which is attached hereto
and made a pad hetco1 and
WHEREAS, the CITY 01? ROUND ROCK, TEXAS "GRANTEE", plans to acquire a
fee simple interest in the tract of land described in 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 desorlbed below,
Relocation of utility faellities 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 BIGHT 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 traots 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 Ike 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 fluids being disbursed under this agreement. The
GRANTOR Miter agrees to Indemnity 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, Spcolal 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 ac(jacent to Exhibit "A" to be
acquired from GRANTOR.
00202$71.1)OC
eM-1 0 -ID- 2,0S
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted aro assignable and shall be used by the GRANTEE, Its employees,
agents, and assigns, fbr 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 analysts, utility relocation, actual
construction on the Project, and all manner of preparation and work attendant thereto. Utility
relocation, If any, shall inolude, but not be limited to, the rolooatton of water and wastewater
lines, electrical lines, cable television lines, telephone lines, gas lines, and their attendant
faallittes from the existing roadway right-of-way on the property described ht Exhibit "A".
The GRANTEE, Its employees, agents, and assigns shall have tho hill and exolusivo right
to control and use the above-described tracts, including the right to erect and maintain fencing
and trafflo and pedestrian control and devices and signs, ihe•right to clear trees and vegetation,
and the right to excavate, trench, fill, and grade thenal property itself,
At no time during the possession of the property by GRANTEE for the purposes
desorlbed 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 farther 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 Agreon►ent, GRANTOR does not
waive any legal rights or defenses tinder 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 thld Right of Entry, Possession, and Construction Easement is irrevooable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Conunisslonore award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Cotmutssloners' award according to Texas law
governing possession in a statutory eminent domain case.
3. Tiro 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 Speolal Commissioners
Award in any applicable condemnation salt for this acquisition.
S. This Agreement shalt be binding upon the heirs, devisees, executors, administrators, 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 Caimnlsstoners 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 heroin 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 writhtg, asks for a special
commissioner's hearing to be scheduled, both parties will undertake all reasonable efforts
to hold a special conunisstoners' hearing within ninety (90) days after the GRANTOR'S
request. Any award that exceeds $8,262.00 will be deposited in the registry of the court
within twenty (20) days following the award made by the speclal commissioners. If the
compensation Issue is settled through negotiations, a fixed date for receipt of the
additional funds, if any, will be agreed upon as pint of the negotiation process.
TO HAVE AND TO HOLD the possession of the abovezdescrlbed tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows
of no persons or business entity owns a present possessory interest to the fee tide to the above-
described premises other than GRANTOR, and that there aro, no parties in possession of any
portion of the referenced real property as lessees other than identified herein.
[signature a pagc.folows)
3.
SELLER;
RicatC:isert—L
Date; J01 it/Wl0
PURCHASER;
CITY OF ROUND ROCK
By:
. Nuso, P.B.
urger
22111. MAIN STRB$T
ROUND ROCK, TEXAS 78664
Date: I °'' S ro
4.
Address: 711(1. 03 110 EaJ
fEvS�t� )r) 23
THIS STATE OX TEXAS
COUNTY OF t rew 1 S
ACKNOWLEBGIVIENTT
§
§ KNOW ALL BY THESE PRESENTS:
§
This Instrument was acknowledged before me on ibis the (211—day of the month. of
ticFvb4r , 2010, by Rioa►'lo Zunlga, known by me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the aa►he as the
act and deed of and on behalf of said entity and in the oapaolty and for the purposes and
consideration therein expressed.
THE STATE OF TEXAS
COUNTY OF WILLXAMSON
§
§
§
otary Public, State of 'T't C
KNOW ALL IW THESE PRESENTS:
This Inst►'tunent was acknowledged before me on this the ,1541 day of the month of
OCTOBER— , 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.
MEAGAN M. RINKS
Notary Public, State of Texas
My Commission Expires
September 09, 2014
After recording return to:
... a . tkOlra•-s
Nota ubil.�. tate of i :•Nor:
Notary w
Don Childs
Sheets & Crossfield, P.C.
309 B. Main St,
Round Rock, Texas 78664
5.
C
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BXEIIBIT,�..f
PROPERTY 'DESCRIPTION FOR PAX CRL 15
Page 1. of 3
ROW
Margit 5, 2009
DESCRIPTION OF 0.0292 O1 ONE ACRE (1,271 SQUARE PBBT) CR LAND OUT
QF X.OT 19, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN
CABINET C, SLIDE 293.294, PIAT RECORDS, WILLTAWISON COUNTY, TEXAS,
AND OUT OP THAT'TRACT DLISCIVEBD IN A DEED TO RICARDO ZUNIGA, OF
RECORD IN DOCUMENT NUMSICIL 2000052078, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0292 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY MBTIIS AND BOUNDS A$'FO.LLOWS:
BBQINNING at a 5/8" iron Are found at the northeast corner of this tract, said Lot 19
and sold. Zuniga (rad and the southeast corner of that tract described as 8.16 acres In a
decd to Herbert L. Peterson and wifo, Lncrgtla Peterson, of record in Volume 352, Pago
13, Mod Records, Williamson County, Toxas $nmo boing in. tiro existing west right-of-
way (ROW) lino of Chishohn Trail, from which a 3/4" iron pipe toad at the northeast
comet of said Peterson tract boars N22°QG'46"W 297.29 feet;
1) '1W3NCH, with Ilio east line of this tract, said Lot 19, and said Zuniga tarot and the
existing west ROW line of Chisholm Trait, S21°44'28"E 90,07 feet to tt 1/2" iron
roti found at the eoutbnast corner of this tract, said Lot 19, and said Zuniga tract and
tlw northeast corner of that;tract doberthed as 15 foot rlghbof-way dedication on tho
Amended Plat of Uhl 20 and 21, Round Rook lnclusirlal•Park, of record in Cabinet
N, Sikh% 134, Plat Records, Williamson County, Texas;
2) TIJBNCB, with the south nine of this Tract, said Lot 19, and said Zuniga tract and the'
existing west ROW lino of Chiahohn Trail and tito north lino of said 15 foot right-of-
way
ightofway dsdlcatton, 868°28'10"W 14.91 feet to 1/2" Iron rod found at tho souttiwost
corm of linin tract, rho northwest corner of said 15 foot right-of-way dedication, and
tho•northeast corner of Lot 20A of said Amended Plat;
3) T1.11311CB, with tho wast lino of this Iraot, crossing said .19 and said Zuniga tinct,
N20642'47"W 90.22 feet to a 1/2" iron roti sot with n plastic) cap at the northwest
corner of this tract, same being in the north lino of said Lot 19 and said Zuniga tract
And the south line of said Peterson tract;
i
I
EXHIBIT,_
Page 2 of 3
ROW
Mpt`oh 5, 2009
4) THENCE, with tho north lino of this tract, saki Lot 19 and said Zuniga tract and the
south -110o of said Mama tract, N69°04'44'Lt 13.29 foot to tho POINT OP
BBt3INN1NC3 and containing 0.0292 of 0110 acre (1,271 square feet) within these
metes and bounds, more or less.
All beatings aro based on tho Texas Stato Plano C oorelinate System, Central Zone,
NAD83(93 HARM. An distances and coordhuttos were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS §
§ KNOW ALL MEN BY THB$B PIBSBNTS:
COUNTY OF TRAMS 1
That 1, Chris Conrad, n Registorod Profossional Land Surveyor, do horoby certify that
llio above description is true and correct to the bolt of niy knowledge and ballot and that
tile prQporty described liorohi Was datormitcad by a survey made on the ground under my
dircotton and supervision. .
WITNESS MY HAND AND SBAL at Austin, Travis County, Texas, this tile.
5" day ortvlarch, 2Q09 A.D.
SURVBYBD BY:
NUMMI & McGEAY LAND SURVEYORS, INC.
3301 Hancock Drive, Saito 6 Austin) Toxaa 78731
(612) 451.8591
Chris Conrad) Reg. Prbfesslona1 Land Surveydr No, 5623
Notal There Is a pial 10 acornnpnny this desoripttgn, (11111' 19 ROW) issued 3/5/09
RECORDERS MEMORANDUM
All or put oftbc text on ibis page was not
clearly legible for satisfactory recordation.
R1 i CITY OF rtOUND ROCK *r H To ACCOMPANY DESCRIPTION
or 4. ,.r2 AC. OR 1,271 SQ. FT. Or LAA..
OUT OF LOT 10, ROUND ROCK INDUSTRIAL. PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
--LINE TABLE .
LINE
F.
))EARIM 1
MOH•1
060,1161101/
.-. 14.91
L8
1169'04'44'1:
` im
BAWD CURRY ►9URVEY
All$TJMU9' N0, 130
HERbrR 1.rETcl a AH� WE,
ss si (sts A0.)
/yt?
\
eMe i Lo790. PO tar AI.
(77.1* AAo)
•
Ri0M40 Z 1oA
b00:ap o. 79
• COT to
ROU/»p ROOK INDUSTRIAL PARK
• 6411. U 8L.'1)3-294
3/4'
Aktrl
•
SCALE 1" p 30'
RAO.
sig'
—1 l-
COVNTY ROAD 173
01118110TAi TRAIL
(mala VARIES)
4
0.0292 AC.
1,271 sQ.PT.
\
•
4"S61/4
A E$ \ \
` frit,. frit,.4A . - 000. a1w , 04 5 •. {A
6t
d \ ,
fid•/ \, 00
LOT 20A
• AMENDED PLAT OTS LOTS 00 AND 01 �\ \
�' , fr • ROUND RAO$ 1NDUSTRT4 PARK '
/ CAB. N. 81,, 104-186 P.R0.0.
NOTES:
1. TUE COORDINATES SHOWN HEREON ARE BASED ON 1I(E 1EXAS STMC PLANE CODROINAT1:
SYSTEM, OrNTBAI. ZONE NA703 (03 WRN DATUM, TH BFAR NOs SHOWN ARE ARID
BEAR1NOS. IH�SE 000ROLNATF,S ale EST HED FR I1.{ COY OF ROUND ROCK CONTROL
MONumro, RR01»oo2, A DUO CONTROL POINT NIINNO COORDINATE VALUES OF
N►a10180747.10 Ew3120407.30 MD iROl-pp/ ", A FIXED COM. POINT HPMNo
COORDINATE 3A1�)ES OF N..1014 x84.07, E•3128054.01. }Wfl11O A ORI) OFARINO OF
Nid44'02W AND A ORIO DIST CC1E� OF 0300.62 FEET. 7RF, COMOWEO SCAM MOTOR IS
21 ISS1WRYLYLYDW S PERERFORNEw0 WI1111011T THE DtrAor ERE AN OWNERSHIP AND MOMENT
REPORT.
CHRIS CONRAO, REO. •PROF. LAND SURVE� OR N0. 3623 DAZE
Note; lhle oopy of Usti plot to not yult4 unlarg on orlglnot•otgnoturo
throughon origlnol cool oppsoon Ilo e. Them Is 0 de:crlptlon to
oodonoppugn,fadthis piol.
Mt\SDSKPRO,I\0H1SHOU.1-RMQ\04Y0\PNE¢ELS RRIPIL.R0W.DW0
LECf:ND
O 1/2" 11108 ROD i0UND
Q
IRO PRI MONO (S1zE NOTED)
Q f/2` IRON ROO UT MI
PIASRO'OAP "HOORAY MORAY'
p,O,U. POINT of ot:41N1+'oio
D,R.V.O. DEED RECORDS
YRLLUA11SON COUNTY, TEXAS
O.Ii,1Y.C, R23.1410IAL0Y ot1 Y, 1BXA$
O.P.R.W.O.OFFICIAL E,T Xuas0oUHTYEAO
P.R.W.0. PLAT REq0Rps
141.1A1%SON CQWITY, TO{AS
RUM/ YED. BY' POOR 3 03/06/09
MoORAY & MoQRAY
LAND 01.111VEYORS, IND,
3301 HAN000K DRIVE /Jo
Ali TIH, Was 70731
(31 2) 451-0801
4017 NO.1 00-112
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2010070471
10/1B/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
d''