R-01-01-25-10C12 - 1/25/2001 RESOLUTION NO. R-01-01-25-10C12
WHEREAS, in order to prepare for the construction of a
portion of the South Mays Extension, it is necessary to obtain the
right to possession and use of certain property belonging to RMR-
Round Rock, L. P. , 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 RMR-Round Rock, L. P. to grant to the
City the necessary rights for the construction a portion of the
South Mays Extension, 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\R10125C.12/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 .
RO ERT A. STLUKA, . , Mayor
City of Round Rock, Texas
ATTEST:
OWMM12
iouiqE LAND, City Secretary
2
01/19/2001 09:52 FAX 5122185563 CORR PUBLIC WORI{S * CITY HALL 10004
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JAN-19-2001 09:04' 5122195563 98i P.04
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Possession and Use Agreement ("Agreement,") effective the day of �q�lwq±i ,�6i6CT L��
between the City of Round Rock, Texas, a home rule municipal corporation (the "City$), and
RMR—ROUND ROCK, L.P. (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 South Mays Extension Project (the "Project".) The
property involved is described more fully in field notes and plat map attached as Exhibit "A",
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(s) grant, bargain, sell and convey 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 improvements. This
Agreement will 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. This grant will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of these utilities on the Property. The City and
those lawfully permitted on the Property will use all reasonable efforts to construct the
roadways in a manner that will grant reasonable access to Grantor's adjacent property and,
in any event, will provide for at least one driveway at all times.
2. In full consideration for this irrevocable grant of possession and use, the City will tender
to the Grantor(s) the sum of One Hundred Dollars ($100.00). The Grantor(s) agrees that
this sum represents adequate and full compensation for the possession and use of the
Property. The City will be entitled to take possession and use of the Property upon tender
of payment, which date shall be deemed to be the date of taking for eminent domain
purposes. It is expressly agreed, acknowledged, and understood that this Agreement shall
not affect Grantors' right to receive fair market value for the Property in accordance with
the constitutions of the United States and the State of Texas.
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.
4. The City agrees that it will permit up to five (5) driveways on the remaining property
owned by Grantor in the locations shown on Exhibit `B" as long as said driveways
otherwise meet the standards and regulations adopted by the City.
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5. The purpose of this Agreement is to allow the City to proceed with the construction of the
Project without delay.
6. Grantor(s)reserve all of the oil, gas and sulphur in and under the land herein conveyed but
waive 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.
7. The undersigned Grantor agrees to pay all taxes, including prorated taxes for the current
year, and special assessments due at the time the City takes possession of the Property.
8. This Agreement will also extend to and bind the heirs, devisees, executors, administrators,
legal,representatives, successors and assigns of the parties.
9. It is agreed the City will record this document.
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.
tQ
In witness whereof, this instrument is executed on this the 7 day of January, 2001.
Grantor:
RMR—Round Rock, L.P.
By: ill. �
. e�u , its General Partner
IJ
Accepted and agreed to by the City this the � day of --Ta N u�r ,. 000. z o (
City of Round Rock, Texas
By4StRoluka-,
it Mayor
a .!* �=.
Acknowledgments
PL
State
State of
County of; :,u - S �.e � +1.��. •
This i trument was acknowled ed before me on the t�J
g day of J AN,,a 12001 by
e-s , General Partner, of RMR--Round Rock, L.P .
�-
(signature)
_(typed
�eLQ��s K%✓s ;Nw __ (typed name)
Notary Public in and for
the State of Tn.�Pssc'e
My commission expires
200
State of Texas
County of Williamson
This instrument was acknowledged before me on thea/ day of January, 2001 by Robert
A. Stluka, Mayor of the City of Round Rock, Texas.
eat . MAQT�NE�(
CHRISTINE R.IARTI EZ 1 ed name)
c.
My COMM ss oro rx�iaLs Notary Public in and for
,rFfoV�.. August V,2g,J9
the State of Texas
My commission expires
200 1
3 �o e�
EXHIBIT "A"
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10/24/2000 23:03 FAX 512 2383361 PINNACLE GROUPGB R02
July 1, 1999,JOB NO. 104313-10002, FIELD NOTE No.42R
MAYS STREET RIGHT-OF-WAY, 1.54 ACRES OUT OF 9.958 ACRES TO
CAPPS RENT-A-CAR INC. DOC NO,9720930
OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS
FIELD NOTES FOR PARCEL 1
A DESCRIPTION OF A 1.54 ACRE TRACT OF LAND IN THE ASA THOMAS SURVEY
ABSTRACT NO. 609, IN WILLIAMSON COUNTY TEXAS BEING A PORTION OF A
9.968 ACRE TRACT CONVEYED TO CAPPS RENT-A-CAR INC, AS RECORDED
UNDER DOCUMENT NUMBER 9720930 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY TEXAS, SAME BEING A CALL 10.00 ACRE TRACT
CONVEYED TO G.KING AND HAZEL KING AS RECORDED IN VOLUME 396 PAGE
517 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.54 ACRE
TRACT OF LAND, WITH ACCOMPANYING SKETCH IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 5t8' inch iron pipe found at the northwest comer of a call 10.00 acre tract conveyed to
G.King and Hazel King and recorded in Volume 395 Page 517 of the Williamson County Deed Records,
being the northwest comer of a call 9.968 acre tract as recorded in Doc. No. 9720930 of the Williamson
County Plat Records,same being the southwest comer of the South Park Addition as recorded In Volume
4 Page 19 of the Williamson County Plat Records, and being in the east right-of-way line of Interstate
Highway 35 (US Hwy 81), from which a are' inch iron pipe found being the northeast of the said 9.968
acre tract bears N 70°30'00" E 888.71 feet,
THENCE leaving the said east right of way One of Interstate Highway 35(US Hwy 81), and with the south
line of the said South Park Addition N 70030'00" E 220.75 feet to a 112" snot iron rod sst, being the
northeast comer of the herein described tract,
THENCE leaving the said south line of the South Park Addition,and crossing the said 8.968 wm tract this
following two(2) courses:
1. S 2603525" E 356.18 feet to a%inch iron rod set at the Pant Of Curvature of a curve to the right,
2. with the arc of said curve to the right passing at 99.02 feet the south line of the said 9,958 acre tract,in
all 99.93 feet, to a 112' inch iron rod set in the south line of the said 10.00 acre tract, and being the
southeast comer of the herein described tract, said curve having a central angle of 07'38'04", a radius
of 750.00 feet, and a chord bearing S 22046'23" E 99.86 feet,
THENCE with the said south line of the said10.00 acre tract S 70°29'30"W 100.01 feet to a 1/2"inch iron
rod set in the arc of a curve to the left,and being the southwest comer of the herein descibed tract,
THENCE departing the south line and crossing the said 9.968 acre tract the following four(4)courses:
1.with the arc of said curve to the left passing at 0.31 feet the south line of the said 9.968 acre tract.in all
87.57 feet, to a 112' inch iron rod set at the Point of Tangency, said curve having a central angle of Or
43'10", a radius of 650.00 feet,and a chord bearing N 22043'50"W 8751 feet.
2. N 26035'25"W 16257 to a 112" inch iron rod set at the Point of Curvature of a curve to the left,
EXHIBIT
10/24/2000 23:03 FAX 512 2383361 PINNACLE GROMB x}03
3. with the are of said curve to the left passing through a central angle of 91°29'51"to a 1/2' inch iron
rod set at the Point of Tangency, said curve having a radius of 83,00 feet, an arc length of 132.55 feet,
and a chord bearing N 7202011"W 118.90 feet,
4. S 61054'44" W 94.83 feet to a 1/2"inch iron rod set in the west line of the said 9.968 acre tract, being
the 10.00 acre tract, and the east right-of-way line of interstate Highway 35 (US Hwy 81), being the most
westerly corner,
THENCE with the said east right-of -way line Interstate Highway 35 (US Hwy 81) N 03*08'00" W 153.02
feet to the POINT OF BEGINNING and containing 1.54 acres of land more or less.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOWN BY ALL THESE MEN PRESENT:
That 1, David P. Carr, 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 during November, 1996 under my direction and
supervision.
A.D. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 2nd day of July 1999
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811 Barton Springs Road -•%••-•••••••••••:.. David P_Carr
Suite 400 �AWOPAlXGiRR
•.•••••�•••.•.•,.•, ' Registered Professional Land Surveyor
Austin,Texas 78704 X97 : No.3997-State of Texas
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IOU stm andutpuoups d� Q� / DELI COMPUTER
DATE: January 19, 2001
SUBJECT: City Council Meeting—January 25, 2001
ITEM: 10.C.12. Consider a resolution authorizing the Mayor to execute a
Possession and Use Agreement for Transportation Purposes with
RMR-ROUND ROCK, L.P. for right-of-way for the South Mays
Extension 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 already awarded a contract for this project and construction has
started. Approval of this agreement will allow for the continued orderly
construction by the contractor.
Funding:
Cost: $100.00
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: N/A
Impact: Allow construction of the South Mays Extension project.
Benefit: Construction of this project will improve mobility in South Round Rock by
providing an additional north-south connection east of I11-35.
Public Comment: N/A
Sponsor: N/A