R-2016-3371 - 4/14/2016RESOLUTION NO. R-2016-3371
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
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Chapter 55 1, Texas Government Code, as amended.
0112AM�00355027
RESOLVED this 14th day of April, 2016.
ALAR MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
QWA/—L
SARA L. WHITE, City Clerk
EXHIBIT
«A„
CAUSE NO. C -1 -CV -14-007201
THE CITY OF LEANDER IN THE COUNTY COURT AT LAW
V. NO.2
GARY L. GROSS and
CATHY GROSS, et al. TRAVIS COUNTY, TEXAS
MEDIATED SETTLEMENT AGREEMENT
As a result of mediation conducted on March 11, 2016, the City of I.,eander (Leander)
and Gary L. Gross and Cathy Gross (together referred to as Gross) agree to resolve all issues in
dispute between them in the above styled and numbered cause on the following terms and
conditions:
1. Leander agrees to pay Gross the total sum of $2,565,000.00 in complete settlement of any
and all claims which have been made or which could have been made in this litigation or
as a result of the events giving rise to this litigation, including but not limited to the value
of the part taken, damages to the remainder, and all other costs and expenses.
2. Payment shall be in the form or a check or checks made payable to "Barron & Adler,
Trustees" and delivered to the office of Gross' undersigned attorney within 45 days of the
date the judgment described in paragraph 5 below is signed by the court and filed. Barron
& Adler will distribute the funds to the appropriate parties.
3. The Commissioners' Award of $1,724,620.00 has been placed in the registry of the
Court, but has not been withdrawn by Gross. Gross may now withdraw those funds. That
amount shall be credited against the $2,565,000.00 described in paragraph 1 above and
shall reduce the amount of the check(s) described in paragraph 2 above by that amount.
4. The covenants, conditions and restrictions (CCR) attached hereto as Exhibit A shall
likewise be attached to and incorporated in the judgment described in paragraph 5 below.
An agreed judgment reflecting the terms of this agreement, including the CCR referred to
in paragraph 4, shall be prepared by the attorney for Leander and delivered to the attorney
for Gross for approval as to form, which approval will not be unreasonably withheld.
Once approved, the agreed judgment will be presented to the Court for approval,
signature, and filing at a hearing on the parties' joint motion for entry of judgment for
which all parties named in the petition will be given proper notice.
6. Gross shall be solely responsible for paying all other persons or entities who have been
served with citation and who claim an interest in the subject property.
7. The Grosses water line on the property being taken will be moved at Leander or its
assign's expense to another suitable location.
8. Leander agrees to support the Gross' request for the BCRUA to execute a letter
agreement in which the BCRUA and its successors and assigns agree to not seek to
enforce the 1,000 foot restricted zone in 30 Tex. Admin. Code s. 290.41(e)(2)(B) so as to
preclude Gross or its successors and assigns from installing a residential boat dock
on their remainder property accessible by the public.
9. This agreement may be filed as a Rule 11 agreement.
10. The parties acknowledge that this agreement is subject to the approval of the Leander
City Council.
Signed this 11th day of March, 2016.
Gary L. Gross and Cathy Gross
riapi vr
City of ander
nt Alan Sick, ;kt`tornjy for'
City of Leander
STATE OF TEXAS §
COUNTY OF TRAVIS §
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made
and entered into as of the day of , 2016, by and between the
City of Leander ("City") and Gary L. Gross and Cathy L. Gross ("Gross").
RECITALS
A. Gross is the owner of that 5.217 acre tract of land located in Travis County,
Texas, and more particularly described in Exhibit A attached hereto (the "5.2 Acres");
B. In an effort to settle the condemnation case styled City of'Leander vs. Gary L.
Gross and Cathy L. Gross, Cause No. C -1 -CV -14-007201, pending in the Probate Court of
Travis County, Texas, Gross has agreed to sell and the City has agreed to purchase the 5.2 Acres,
provided that the City agrees that the herein described covenants, conditions and restrictions
shall apply to the 5.2 Acres and shall be deemed covenants running with the land and shall be
binding on the City and its successors and assigns;
C. The 5.2 Acres is out of a 21.911 acre tract of land owned by Gross and after Gross
conveys the 5.2 Acres to the City, Gross will own the remaining 16.694 acres that is immediately
adjacent to the 5.2 Acres. The 16.694 acres is described in Exhibit B attached hereto (the "16.6
Acres");
D. The City acknowledges and agrees that Gross would not have conveyed the 5.2
Acres to the City without the City's agreement to this Declaration and that the herein described
covenants, conditions and restrictions shall apply to the 5.2 Acres.
RESTRICTIONS
Now, therefore for a good and valuable consideration received by each of the
undersigned, the receipt and sufficiency of which are hereby acknowledged, the City and Gross
hereby covenant and agree that the 5.2 Acres shall be subject to the following covenants,
conditions and restrictions:
1. LAND ABOVE THE 722 CONTOUR.
1.1 That portion of the 5.2 Acres located on or above the 722 -foot Mean Sea
Level Contour (herein called the "Land Above the 722 Contour") shall be used only for
the following purposes and for no other purposes:
(a) The construction, operation, maintenance, repair, upgrade, and/or
replacement of a single above -ground maintenance facility and
necessary appurtenances thereto, that meets the requirements set out
below in Paragraph 1.2 (the "Maintenance Facility");
(b) Parking and access drives necessary for the Maintenance Facility and
access to the deep water intake facility (the "Deep Water Intake") to be
constructed adjacent to the 5.2 acres;
(c) Temporary use for construction staging, storage, and uses incident to
the City's (or its assigns') establishment of both the Maintenance
Facility and the Deep Water Intake; notwithstanding anything herein
to the contrary, it is agreed that all temporary materials and equipment
of any kind placed on the 5.2 Acres during construction of the
Maintenance Facility, the Deep Water Intake or other improvements
permitted by this Declaration shall be removed by the City (or its
assign) from the 5.2 Acres within 90 days after completion of such
construction;
(d) A ground water well or wells, or other water intake facility not to
exceed fifty gallons per minute (50 GPM) and attendant pump to
supply water to the Maintenance Facility solely for operational
purposes, including facilitation of supply of pollutant controls to the
Deep Water Intake and landscape irrigation if necessary;
(e) Emplacement of underground pipelines to transport water for
operational purposes associated with distribution of pollutant control
materials to the Deep Water Intake to be constructed adjacent to the
5.2 acres;
(f) Emplacement of underground electrical lines and/or aboveground
transformers to facilitate operation of the Maintenance Facility, and
also electrical and communication lines between the Maintenance
Facility and the Deep Water Intake;
(g) Emplacement of security measures such as access control systems,
cameras, and reasonable and necessary appurtenances thereto; and
(f) A fence that encloses the Maintenance Facility and meets the
2
requirements set out below in paragraph 1.3 (the "Upper Fence"),
No other use of any kind shall be permitted on the Land Above the 722 Contour.
1.2 The Maintenance Facility building, which the City shall have the future right
to expand if necessary, shall in no event ever exceed 3000 aggregate square feet in size
exclusive of parking and access areas, whether as originally constructed or in the future
expanded, and shall not exceed thirty-five (35) feet in height above the surface of the
ground. It is agreed that the Maintenance Facility may have a single antenna, provided
the antenna does not exceed thirty-five (35) feet in height above the surface of the
ground. The outside walls of the Maintenance Facility shall be constructed entirely of
brick, stone, EIFS, or similar material, with the exception of windows and doors, and its
roof shall be constructed of tile, composition shingles, or non -reflective standing seam
metal roof panels. No tin or shiny metal roof is permitted on the Maintenance Facility
although a seamless colored metal roof is permitted. The Maintenance Facility shall be
kept in a clean and well-maintained condition at all times at the expense of the owner or
owners of the 5.2 Acres.
1.3 The Upper Fence shall not exceed 8 feet in height. If any outside feature of the
Maintenance Facility has an industrial appearance, makes noise, or emits light, then the
Upper Fence must be constructed of stone, brick, stucco, wood, or simulated wood or
stone concrete panels. However, if the outside features of the Maintenance Facility do not
have an industrial appearance, do not make noise, and do not emit light, then the Upper
Fence shall be constructed of barbed wire, hog wire, stone, brick, stucco, wood, or
simulated wood or stone concrete panels. In no event shall the Upper Fence be cyclone
fencing or be made of exposed concrete blocks. The Upper Fence shall be kept in a clean
and well-maintained condition at all times at the expense of the owner or owners of the
5.2 Acres. Section 5.5 of this Declaration is incorporated by reference as if restated
herein with regards to the Maintenance Building, Upper Fence, or other improvements
established upon the 5.2 Acres.
1.4 The Maintenance Facility and Upper Fence shall be set back (a) at least 50
feet from the common boundary of the 5.2 Acres and the 16.6 Acres, and (b) at least 50
feet from the northwestern boundary of the 5.2 Acres. The entire Maintenance Facility
and Upper Fence shall be located on the Land Above the 722 Contour.
1.5 Lights may be placed only on the Maintenance Facility and the Upper Fence,
however, such lighting shall be limited as follows: all lighting shall contain shields so as
to cast the lighting downward and no lights shall be mounted high on poles to create
widespread nighttime lighting. Except as specifically set out above, no other permanent
outdoor lighting of any kind is permitted on any part of the 5.2 Acres.
2. LAND BELOW THE 722 CONTOUR.
2.1 There shall be no buildings, structures, roads, lighting or improvements of any
kind located on that portion of the 5.2 Acres located below the 722 -foot Mean Sea Level
Contour (herein called the "Land Below the 722 Contour") except as provided herein.
2.2 The Land Below the 722 Contour shall be used only for the following
purposes and for no other purposes:
(a) The construction, operation, maintenance, repair, upgrade, and/or
replacement of an underground pipeline or pipelines and necessary
appurtenances thereto to convey pollutant control materials and water
solely to facilitate operation of the Deep Water Intake that meet the
requirements set out below in Paragraph 2.3;
(b) The construction, operation, maintenance, repair, upgrade, and/or
replacement of an underground line or lines necessary to provide
electrical and data communication services between the Maintenance
Building and the Deep Water Intake that meet the requirements set out
below in Paragraph 2.3, all facilities emplaced pursuant to Secs 2.2(a)
and (b) being referred to hereafter as "Underground Facilities;"
(c) A single concrete or asphalt roadway ("Roadway") extending from the
Land Above the 722 Contour for purposes of constructing, accessing,
maintaining, operating, repairing, upgrading, or replacing the Deep
Water Intake or any facilities constructed by the City or its assigns on
the 5.2 Acres that meets the requirements set out below in Paragraph
2.4;
(d) Temporary use for construction staging, storage, and uses incident to
the City's (or its assigns') establishment of both the Maintenance
Facility and the Deep Water Intake, including clearing of whatever
areas deemed necessary by the City or its assigns for effectuation of
the Deep Water Intake, Maintenance Building, and appurtenances, or
any future need for similar use in the event the Deep Water Intake or
appurtenances thereto installed within the 5.2 Acres require
maintenance, upgrade, repair, or replacement; notwithstanding
anything herein to the contrary, it is agreed that all materials and
equipment of any kind placed on the 5.2 Acres during construction of
the Maintenance Facility, the Deep Water Intake or other
improvements permitted by this Declaration shall be removed by the
City (or its assign) from the 5.2 Acres within 90 days after completion
of such construction;
(e) Emplacement, operation, maintenance, repair, upgrade and
replacement of security improvements for benefit of both the
Maintenance Building and the Deep Water Intake, including but not
limited to security cameras, electronic monitoring apparatus, and
access control mechanisms, along with reasonable and necessary
appurtenances thereto; and
rd
(f) Fencing surrounding the 5.2 Acres below the 722 Contour (the "Lower
Fence"), and said fencing shall be constructed of barbed wire or hog
wire; however, in no event shall the Lower Fence be cyclone fencing
or exposed concrete blocks.
r
2.3 The Underground Facilities shall all be buried at least ( fW below the
surface of the ground. There shall be no aboveground appurtenances, boxes, facilities or
lights for the Underground Facilities or the Roadway, other than at -grade manholes or
other improvements necessary for construction or ongoing operation, maintenance,
repair, upgrade, or replacement.
2.4 The Roadway shall not exceed 16 feet in width and shall be set back (a) at
least 25 feet from the common boundary of the 5.2 Acres and the 16.6 Acres, and (b) at
least 25 feet from the northwest boundary of the 5.2 Acres. The owner or owners of the
5.2 Acres (a) shall be solely responsible for the cost to construct and maintain the
Underground Facilities and the Roadway, and (b) shall keep the Underground Facilities
and the Roadway in a clean and well-maintained condition at all times.
3. PROHIBITED USES.
No part of the 5.2 Acres shall be used (a) for any public purpose except as specifically set out
herein, or (b) for any recreational or park purposes; or (c) for any water supply reservoirs,
towers, pumping plants or pumping facilities of any kind other than the pumps necessary to
supply freshwater for operation of the Maintenance Facility's purpose of providing pollutant
controls to the Deep Water Intake; or (d) for any uses other than those specifically permitted by
Paragraphs 1 and 2 above.
4. RESIDENTIAL NEIGHBORHOOD.
The City and any subsequent owner of the 5.2 Acres acknowledge and agree that the 5.2 Acres is
located entirely within a residential neighborhood and that the architecture of the Maintenance
Facility, Upper Fence, Lower Fence, Roadway, or appurtenances thereto will all be residential in
character and compatible with other residential uses in the neighborhood.
5. GENERAL.
5.1 ' The City agrees that covenants, conditions and restrictions contained within
this Declaration are covenants running with the land and shall be binding on the City, its
successors and assigns and any subsequent owner or owners of the 5.2 Acres, for a term
beginning on the date a fully executed counterpart of this Declaration is recorded in the
Official Public Records of Travis County, Texas, and continuing through and including
January 1, 2036, after which time this Declaration shall be automatically extended for six
successive periods of five (5) years each, unless the Declaration is terminated by the
written approval of all the owners of the 5.2 Acres and all the owners of the 16.6 Acres.
GW
5.2 In the event the City, or its successors or assigns, violates any of the
restrictions, covenants, or agreements contained herein, then any owner of all or any part
of the 16.6 Acres may enforce these restrictions by injunctive relief and/or other
applicable legal or equitable remedies.
5.3 It is agreed that the covenants, conditions and restrictions contained herein
shall apply only to the 5.2 Acres and that no covenants, conditions or restrictions are
being placed on the 16.6 Acres,
5.4 This Declaration may be amended only with the express written consent of all
the owners of the 5.2 Acres and all the owners of the 16.6 Acres as evidenced by a
written amendment executed by all the owners of the 5.2 Acres and the 16.6 Acres and
recorded in the Real Property Records of Travis County, Texas.
5.5 It is further agreed that in the event the City or its assigns, through no
solicitation or urging of the City of Cedar Park, the City of Leander, or the City of
Round Rock or their assigns, shall be required by any applicable federal, state or local
law or regulation to add or modify a feature or construct any facility associated with
operation, maintenance, repair, upgrade, or replacement of any facilities constructed upon
the 5.2 Acres that is not substantially similar to the site plan attached hereto as Exhibit C,
such requirement of law shall prevail over these restrictions. However, in no event will
any development restrictions or regulations enacted by the City of Cedar Park, the City of
Leander, or the City of Round Rock prevail over this Declaration.
Executed effective as of the day of , 2016.
The City of Leander, Texas
By:
Name:
Title:
Cathy L. Gross
Gary L. Gross
6
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the
2016, by ,
Leander, Texas, and on behalf of The City of Leander, Texas.
STATE OF TEXAS §
COUNTY OF TRAVIS §
day of
Notary Public, State of Texas
This instrument was acknowledged before me on the day of
2016, by Cathy L. Gross.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the day of
2016, by Gary L. Gross.
Notary Public, State of Texas
of The City of
gAglgross, gary &c cathy%rushy creek regional utility authorityVestrictive covenantsldeclaration of ccrs (v6 jul) 02-02-16.docx
METES AND BOUNDS DESCRIPTION
OF A
5.217 ACRE TRACT OF LAND
SITUATED IN THE JOHN STEWART SURVEY NO. 551
AND THE ROBERT FOSTER SURVEY NO. 31,
TRAVIS COUNTY, TEXAS
BEING A 5.217 ACRE (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN
STEWART SURVEY NO. 551 AND THE ROBERT FOSTER SURVEY NO. 31, TRAVIS COUNTY,
TEXAS; SAID 5.217 ACRE TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF
TRACT 2 (CALLED 1.069 ACRES) AND A PORTION OF TRACT 3 (CALLED 10.068 ACRES) WITH
ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L. GROSS AND WIFE,
CATHY L. GROSS, AS RECORDED IN VOLUME 11546, PAGE 1498 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.), AND ALSO BEING A PORTION OF THAT
CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY
DEED TO GARY L. GROSS AND WIFE, CATHY L. GROSS, AS RECORDED IN VOLUME 12817,
PAGE 1043, R.P.R.T.C.T.; SAID 5.217 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the northernmost corner of the herein described tract and
said Tract 2, same being the easternmost corner of Lot 1, Lake Travis Subdivision No. 6, recorded in
Volume 4, Page 157 of the Plat Records of Travis County, Texas (P.R.T.C.T.), and also being on the
westerly right-of-way (R.O.W.) line of Bernard Street (having a width of 50 feet at this location), and being
located at Texas State Plane Coordinate grid position N=10,135,754.8226 and E=3,057,450.2885;
THENCE, South 28 degrees 30 minutes 50 seconds West, with the common westerly R.O.W. line of said
Bernard Street and the easterly line of said Tract 2, same being the easterly line of said Lot 1, a distance of
104.96 feet to a 1/2 -inch iron rod found for a corner of the herein described tract and marking the
northernmost corner of said Tract 1, same being the northernmost corner of Lot 12, Lake Travis
Subdivision No. 2, recorded in Volume 4, Pages 82-83, P.R.T.C.T., said point also marking the intersection
of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of Jackson Street
(having a width of 50 feet at this location);
THENCE, South 33 degrees 24 minutes 12 seconds East, with the common southwesterly R.O.W. line of
said Jackson Street and the northeasterly line of said Tract 1, same being the northeasterly line of said Lot
12, a distance of 170.19 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for
a corner of the herein described tract;
THENCE, South 51 degrees 48 minutes 33 seconds West, departing the southwesterly R.O.W. line of said
Jackson Street, traveling partway across the interior of said Tract 1, same being said Lot 12, partway across
the interior of said Tract 3, same being said 10.068 acre tract, and partway across the interior of said 5.163
acre tract, a distance of 910.86 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group"
set for the southernmost corner of the herein described tract and being on the southwesterly line of said
5.163 acre tract;
Page 1 of 2
Description of a 5.217 acre tract (continued)
THENCE, with the southwesterly line of said 5.163 acre tract, the following three (3) courses and distances:
1) North 09 degrees 54 minutes 18 seconds West, a distance of 53.10 feet to a 1/2 -inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
2) North 33 degrees 22 minutes 57 seconds West, a distance of 70.89 feet to a 1/2 -inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
3) North 15 degrees 24 minutes 59 seconds West, a distance of 189.50 feet to a 1/2 -inch iron rod
found for the westernmost corner of said 5.163 acre tract and the herein described tract, same
marking the southernmost corner of that certain called 2.763 acre tract of land described in a
Special Warranty Deed to Jean I. Ringer, as recorded in Volume 13203, Page 148, R.P.R.T.C.T.;
THENCE, with the common northwesterly line of said 5.163 acre tract and the southeasterly line of said
2.763 acre tract, the following two (2) courses and distances:
1) North 56 degrees 56 minutes 36 seconds East, a distance of 98.46 feet to a 1/2 -inch iron rod found
for a corner of the herein described tract;
2) North 56 degrees 49 minutes 43 seconds East, a distance of 428.18 feet to a 1/2 -inch iron rod found
for a corner of the herein described tract, said point marking the common northernmost corner of
said 5.163 acre tract, the easternmost corner of said 2.763 acre tract, and the westernmost corner of
said 1.069 acre tract;
THENCE, North 56 degrees 52 minutes 06 seconds East, with the northwesterly line of said 1.069 acre
tract, and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF
BEGINNING and containing 5.217 acres (227,259 square feet) of land, more or less, based on the survey
and drawing made by The Wallace Group, Inc., Round Rock, Texas in July of 2013.
That I, Daniel M. Flaherty, 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 property described herein
was determined by a survey made on the ground under my direction and supervision.
Daniel M. Flaherty, R. .L.S. No. 5004
The Wallace Group, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
2295 1 -FN05.doc
Page 2 of 2
OF Ttc
&I
DANIEL M. FLAHERTY
9y90� 5004
O...........
SUR
07-29-2013
Date
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