R-01-01-25-10C8 - 1/25/2001 RESOLUTION NO. R-01-01-25-1008
WHEREAS, in order to prepare for the construction of a
portion of State Highway No. 45, it is necessary to obtain the
right to possession and use of certain property belonging to
Roundville Partners, LLC, and
WHEREAS, a Possession and Use Agreement for Transportation
Purposes ("Agreement" ) has been prepared which will grant to the
City the necessary rights, and
WHEREAS, the City Council wishes to approve said Agreement,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Possession and Use Agreement for
Transportation Purposes with Roundville Partners, LLC to grant to
the City the necessary rights for the construction a portion of
State Highway No. 45, a copy of said agreement being attached
hereto and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
K:\WPDOCS\RESOLUTI\R10125CB.WPD/Sc
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act .
RESOLVED this 25th day of January, 2001 .
ROBERT A. STLUKA, J . , Mayor
City of Round Rock, Texas
ATTEST:
JC&NE LAND, City Secretary
2
01/19/2001 09:53 FAX 5122185563 CORR PUBLIC WORKS CITY HALL 10010
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POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Possession and Use Agreement ("Agreement,") effective the 1! 'day of January, 2001
between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and
Roundville Partners,LLC (the"Grantor"), grants an irrevocable right to possession and use to the
City, its contractors, agents, assigns and all others deemed necessary by the City for the purpose
of constructing a portion of the proposed State Highway No. 45, referred to herein as the
"Project." The property involved is described more fully in field notes and plat map, attached
hereto and made a part of this Agreement by reference (the "Property").
1. For the consideration paid by the City which is set forth in paragraph 2. below,the receipt
and sufficiency of which is acknowledged, Grantor grants, bargains, sells and conveys to
the City exclusive possession and use of the Property for the purpose of constructing the
Project and appurtenances thereto and the right to remove any and all improvements. This
Agreement will also extend to the City, its contractors, assigns and/or owners of any
existing utilities on the Property and those which may be lawfully permitted on the
Property by the City in the future and will allow the construction, relocation, replacement,
repair, improvement, operation and maintenance of these utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use, the City will tender
to the Grantor the sum of One Hundred Forty-three, Eight Hundred Ninety and No/100
Dollars ($143,890.00). The parties agree that the sum tendered represents the City's
determination of the just compensation owed to the Grantor for the full fee title interest to
be acquired by the City in the Property, encumbered with the improvements thereon, if
any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The
parties agree that this sum will be deducted from any final settlement amount, award,
verdict or judgment. In the event the final award, verdict or judgment for the fee title is
less than the amount the City has paid for the possession and use of the Property, then the
Grantor agrees that the original amount tendered represents an overpayment and that the
City is entitled to a refund of the difference between the award, verdict or judgment and
the original amount tendered. The City will be entitled to take possession and use of the
Property upon tender of payment.
3. This agreement is made with the understanding that the City will continue to negotiate in
good faith with the Grantor to acquire a fee interest in the Property by direct purchase. It is
further understood that the City will institute proceedings in eminent domain to acquire
fee title to the Property, and that City will continue to vigorously pursue said eminent
domain proceedings. The City agrees that the petition in eminent domain will be filed with
the appropriate court on or before February 15, 2001 and, if it is necessary, the
Condemnation Commissioners hearing will be held on or before July 1, 2001. If the
Commissioners' Award is more than the consideration tendered herein, the City agrees to
C:\WPDOCS\ACITY\SH 45\Roundville\Possession Agreement\final.wpd/l.
deposit the difference with the Court on or before 14 days after the date of the aforesaid
hearing. The date of taking for eminent domain purposes shall be the date that the
Condemnation Commissioners' Award is deposited into the registry of the Court, or April
1, 2001,whichever first occurs.
4. The purpose of this Agreement is to allow the City to proceed with the construction of the
Project without delay.
5. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but
waives all right of ingress and egress to the surface for the purpose of exploring,
developing,mining or drilling.Nothing in this reservation will affect the title and rights of
the City to take and use all other minerals and materials thereon, and thereunder. The
extraction of oil, gas and minerals may not affect the geological stability of the surface.
6. The undersigned Grantor agrees to pay at entry of final judgment or at withdrawal of any
funds from the court registry, any taxes, including prorated taxes for the current year, due
as of the above referenced date of taking.
7. This Agreement will also extend to and bind the heirs, devisees, executors, administrators,
legal representatives, successors and assigns of the parties.
8. It is agreed the City will record this document.
9. It is agreed that the City may assign or partially assign this Agreement to the State of
Texas, acting by and through the Texas Turnpike Authority Division of the Texas
Department of Transportation.
10. It is agreed that this Agreement shall immediately become null and void upon either the
conveyance by Grantor of the Property by warranty deed or upon tender by City of the
amount of the eminent domain commissioners' award into the registry of the appropriate
Court in Williamson County.
To have and to hold the Agreement herein described and conveyed, together with all the
rights and appurtenances belonging to the City and its assigns forever, for the purposes and
subject to the limitations set forth above.
In witness whereof,this instrument is executed on this the c)S-day of January, 2001.
2
Grantor:
Roundville Partners, LLC
By: Quintana Development Corporation, its
Managing Member,
B
is ael Macs, rts resident
Accepted and agreed to by the City this the�Kday of January, 2001.
City of Round Rock, Texas
By:
Robert A Stluka, its Mayor
Acknowledgments
State of Texas
County of Williamson
This instrument was acknowledged before me on the 21-day of January, 2001 by Michael
Macs, President of Quintana Development Corporation, the Managing Member of Roundville
Partners, LLC.
a"] �(signature)
1"� `Y�• SUSAN P.WOODROW Se4 h 11,�' 'V^odro cv (typed name)
MY COMMISSION EXPIRES Notary Public in and for
July 27,2001 the State of Texas
„4R
My commission expires
Ire 200_L
3
State of Texas
County of Williamson
This instrument was acknowledged before me on the 0 day of January, 2001 by Robert
A. Stluka, Mayor of the City of Round Rock, Texas.
Nh6lia. (signature)
eqeI571A-6 je tPARriro (typed name)
P y°'
CHRISTINE R.I�kRTitsEZ � Notary Public in and for
MY COMMISSION EXPIRES
August 5 toot the State of Texas
My commission expires
200 /
4
Pagel of 3
April 18,2000
EXHIBIT A
County: Williamson
Parcel No.: 152
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 152
DESCRIPTION OF A 0.340 ACRE (14,834 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION
OF LOT 4 HENDERSON TRACT SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195
OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND
CONVEYED IN THE WARRANTY DEED TO ROUNDVILLE PARTNERS, L.L.C. AS RECORDED IN
DOCUMENT NO. 9801007 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.340
ACRE(14,834 SQUARE FEET)TRACT AS SHOWN ON A RIGHT-OF-WAY SKETCH PREPARED BY SAM,
INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in an
east line of Lot 1 of said Henderson Tract Subdivision being the same tract of land conveyed in the Special
Warranty Deed to Stephen M. Jones as recorded in Volume 2128, Page 618 of the Official Records Williamson
County,Texas,same being the west line of said Lot 4, also being in the proposed south right-of-way(ROW)line of
State Highway 45 (S.H.45)for the southwest comer of the tract described herein,being 199.93 feet right of Survey
Baseline Station 634+74.84, from which a 1/2-inch iron rod found for the southwest corner of said Lot 4 bears
S 18°05'30"E,a distance of 149.50 feet;
1) THENCE with said common line N 18°05' 30" W, a distance of 100.53 feet to a 1/2-inch iron rod found
in the existing south ROW line of Louis Henna Boulevard (a varying width ROW) for a north comer of
said Lot 1, same being the northwest comer of said Lot 4, also being the northwest corner of the tract
described herein;
2) THENCE leaving said common line and with the south ROW line of said Louis Henna Boulevard, same
being the north line of said Lot 4,N 71°54'25" E,a distance of 150.01 feet to a 1/2-inch iron rod found for
a north corner of said Lot 1,same being the northeast corner of said Lot 4, same being the northeast corner
of the tract described herein, from which a 1/2-inch iron rod found bears N 71° 54' 25" E, a distance of
372.67 feet;
3) THENCE leaving said common line, and with a west line of said Lot 1, same being the east line of said
Lot 4, S 18° 05' 30" E, a distance of 97.24 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set in
the proposed south ROW line of said S.H.45 being 199.85 feet right of Survey Baseline Station 636+24.89
for the southeast comer of the tract described herein;
FN 1760 20081-20
Page 2 of 3
April 18,2000
4) THENCE leaving said common line, and crossing said Lot 4 with said proposed south ROW line,
S 70° 38' 55" W, a distance of 150.04 feet to the POINT OF BEGINNING and containing 0.340 acre
(14,834 square feet)of land,more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone,NAD 83.
THE STATE OF TEXAS I
# KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, John E Brautigam, 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 April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 19th day of April,2000.
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4
SURVEYING AND MAPPING,Inc. ---
4029 Capital Of Texas Hwy.,So. Suite 125 E Brau am
Austin,Texas 78704 rogil
stered P essional Land Surveyor
057- to of Texas
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•JOHN E BRAUTIGAM
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FN 1760
20081-20
WILLIAMSON COUNTY, TEXAS
SCALE
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_._....,.._ 1.._100'
EXISTING R.O. . LANE .a ao
- APPROXIMATE LOCATION OF SURVEY LINE __ __..___
-- ---
- --- - -- --- - -- --.------
635 --- _.... —_...
SURVEY BASELINE ---------__ .____-. .-.----_+--- ._.__
----t
------------------------ ------------------
__---� ------ N
N 7040 43"E_ 506048:..-.--- STATE HIGHWAY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.)
N715425E 150-01-
P.O.R.•
[N72 49'38"W 150.00-3 • N71°54'25"E 372 67' �
EXISTING R.O.W. LINE • ;
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PROPOSED --------
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P.0-B.4------------ - I-- --------------K34�7 .84 63$*24-89
199.93'RT ;O A59.✓ 'RT
N-10151616.80605; LOT 4
E-3142372.188661 Lon1—OT\1_
LOT 1 '
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_ STEPHEN M JONES
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P-O.R. VFOL,, . 2128, PG. 618
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----------------
ROUNDVILLE: PARTNE"( ,..:L:L:C_
\ D00. No. 980, ,."
MEMUCA N .HUNT SUR,v Y A N4
HENDERSON `TRACT SUBDIVISION
CABINET I, SLIDES 195-196
P.R.W.C.Tx.
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE LEGEND
TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, ■ TYPE I CONCRETE MONUMENT FOUND
CENTRAL ZONE AND ADJUSTED TO SURFACE USING O TYPE N CONCRETE MONUMENT FOUND
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS ® TYPE IICONCRETE MONUMENT SET
PROVIDED BY DOUG ANDERSON,RPLS, SURVCON, INC. ® Vz"PIPE FOUND UNLESS NOTED
O Y2"IRON ROD SET W/ TXDOT CAP UNLESS NOTED
IMPROVEMENTS SHOWN HEREON ARE BASED UPON • Vz"IRON ROD FOUND UNLESS NOTED
A 60 D NAIL SET UNLESS NOTED
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE • 60 0 NAIL FOUND UNLESS NOTED
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS A CALCULATED POINT
NOT SHOWN. 2 PROPERTY LINE
DETAILS ARE NOT DRAWN TO SCALE. t I RECORD INFORMATION
P.o.R. POINT OF BEGINNING
I HEREBY CERTIFY THAT THIS SURVEY WAS MADEON THE OF P.O.c. POINT OF COMMENCING
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA �(�•...... �� P.O.R. POINT OF REFERENCE
THI PLAT IS TRU AND CORRECT TO THE BEST OF MY Q'.•'° S T E I P.C. POINT OF CURVATURE
G 9 °.� P.T. PONT OF TANGENCY
KN WEDGE AND B LIEF. Q FpS NT NON-TANGENT CURVE
• • MRF IRON ROD FOUND
•N•.NNNN•N••••N•NN•N• PF IRON PIPE FOUND
L,LI/ JOHN E BRAUTIGAM P-u.E. PUBLIC UTILITY EASEMENT
~ •••N.........•NNN••M•M•N .P.R.w.C.T..OFFICIAL PUBLIC RECORDS WILLIAMSON
JO E BRAUTI DAT t° SQJ7 r: COUNTY,TEXAS
• O.R.w.C.U. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
RE ISTERED PR SSIONAL LAND SURVEYOR "17 %pFESS1p•°.•O P.R.w.C.T.. PLAT RECORDS WILLIAMSON COUNTY,TEXAS
NO 5057, STAT F TEXAS0.VO•••���. O.Rw.c.T.- DEED RECORDS WILLIAMSON COUNTY,TEXAS
I V
Brod Capital O1 Tmcas Fllgnway,s0. RIGHT-OF-WAY PLAT PAGE 3 OF 3
INC
Brode T�P�o4'Plazasune'zs SHOWING PROPERTY OF REF. FIELD
SURVEYING-AERIAL MAPPING-ENGINEERING FaK)(4Si-057532& oes R 0 U N D V I L L E PARTNERS, L.L.C. NOTE N 0. 1760
PARCEL 152
BEGIN SESSION @ Fri Apr 14 09:11:01 2000
Points 2 to 1000 deleted. 1000 points in workfile.
fnp152
FROM ANGLE DIST NORTH EAST TO
--------------------------------------------------------
***** START 10000.00000 50000.00000 1
1 TRAV N 18 05 30 W 100.53 10095.55989 49968.78160 2
2 TRAV N 71 54 25 E 150.01 10142.14718 50111.37411 3
3 TRAV S 18 05 30 E 97.24 10049.71463 50141.57084 4
4 TRAV S 70 38 55 W 150.04 9999.99727 50000.00748 5
--------------------------------------
LAT & DEP 0.00273 -0.00748
5 HCLOSE N 69 55 33 W 0.01 10000.00000 50000.00000 1
PREC = 1 TO 62494 Area = 14834.12 sq ft 0.34054 ac
BEGIN SESSION @ Thu Apr 13 18:08. 0 2000
Points 2 to 1000 deleted. 1000 points in workfile.
rowp152
FROM ANGLE DIST NORTH EAST TO
-----------------------------------------------------
***** START 10000.00000 50000.00000 1
1 TRAV N 18 05 30 W 100.53 10095.55989 49968.78160 2
2 TRAV N 71 54 25 E 150.01 10142.14718 50111.37411 3
3 TRAV S 18 05 30 E 97.24 10049.71463 50141.57084 4
4 TRAV S 70 38 55 w 150.04 9999.99727 50000.00748 5
--------------------------------------
LAT & DEP 0.00273 -0.00748
5 HCLOSE N 69 55 33 w 0.01 10000.00000 50000.00000 1
PREC = 1 TO 62494 Area = 14834.12 sq ft 0.34054 ac
BEGIN SESSION @ Fri Apr 14 10:3:: 0 2000
Points 2 to 1000 deleted. 10000 points in workfile.
skp152
FROM ANGLE DIST NORTH EAST TO
***** START
10000 00000 50000.00000 1
1 TRAV N 18 05 30 W 100.53 10095.55989 49968.78160 2
2 TRAV N 71 54 25 E 150.01 10142.14718 50111.37411 3
3 TRAV S 18 05 30 E 97.24 10049.71463 50141.57084 4
4 TRAV S 70 36 55 W 150.04 9999.99727 50000.00748 5
LAT & DEP
------------------0 00273==-----0 00748=---=__
5 HCLOSE N 69 55 33 W 0.01 10000.00000 50000.00000 1
PREC = 1 TO 62494 Area = 14834.12 sq ft 0.34054 ac
iLLD MII D1 �iLUU V
OFFICIAL PUBLIC RECORDS
Fu4n.
02-08-200 02:44 PM 2001009078
ANDERSON $27.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
DATE: January 19, 2001
SUBJECT: City Council Meeting—January 25, 2001
ITEM: 10.C.8. Consider a resolution authorizing the Mayor to execute a
Possession and Use Agreement for Transportation Purposes with
Roundville Partners, L.L.C.for right-of-way for the SH 45
Frontage Road Project. This Possession Agreement will allow the
contractor to enter the property to begin the construction project
while the acquisition process is completed.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History: The City has the responsibility of acquiring the necessary right-of-way for the
SH-45 frontage road project.
Funding:
Cost: $143,890.00
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: N/A
Impact: N/A
Benefit: Allow construction of the SH-45 frontage road project to begin.
Public Comment: N/A
Sponsor: N/A