Contract - VHA Properties, LLC - 11/12/2020BCT-Parcel 4
CAUSE NO. 18mO567mCC2
CITY OF ROUND ROCK, TEXAS § IN THE COUNTY COURT AT LAW
Condemnor §
V. § NUMBER TWO OF
VHA PROPERTIES, LLC and §
COMMERCE NATIONAL BANK §
Condemnees § WILLIAMSON COUNTY, TEXAS
AGREED JUDGMENT
The parties to this lawsuit have agreed to compromise and settle the issues in this lawsuit
and request the -entry of this Judgment by the Court. It appears to the Court that it has
jurisdiction of this matter, and that the parties executing this document below have agreed to all
In of the provisions contained within this Judgment and desire to resolve this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that a public
recreational trail facility easement I"nteresti"n and to approximately 0.424 acre (Parcel 4) of land
in W*116iamson County, Texas, sad property being more particularly described by metes and
bounds in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Easement
Property"), and as further described*n Plaintiff's Original Petition, fled among the papers of this
cause on or about April 20, 2018, and any amendments thereto; excluding all the oil, gas, and
sulphur which can be removed from beneath said real property, without any right whatever
remaining to the owner of such oil, gas and sulphur, of ingress or egress from the surface of said
real property for the purpose of exploring, developing, or mining of the same, and a writ of
possession for such purposes, be vested inhetCITY OF ROUND ROCK, TEXAS and its
assigns for the purpose of constructing, reconstructing, realigning, w41 idening and/oriantaining
trail facilities and related appurtenances, and to perform associated public use and purposes.
00454809.DOC
The specific trail easement rights granted to and acquired by Condemnor herein in and to
the Easement Property by this Judgment are more particularly described I*n the Trail Easement
document attached hereto as Exhibit "B" and incorporated herein for all purposes.
It i*s further ORDERED that i"n complete satisfaction of any and all claims which have
been made or which could have been made in this litIs
igation by and between the parties named
herein, including both the property to be acquired and any damages to any remaining property,
that Condemnees shall recover from Condemnor the sum of SIXTY-NINE THOUSAND
SEVEN HUNDRED FOUR and 00/100 Dollars ($69,704.00) for acquisition of the Easement
Property, and for any damages to the remaining property of Condemnee, and of which total
amount:
1. SIXTY-NINE THOUSAND SEVEN HUNDRED FOUR and 00/100 Dollars
($69,704.00) has previously been deposited i*n the registry of the Court by
Condemnor and withdrawn by Conde nees, and for which sum Condemnor I*s hereby
given full credit and for which no execution shall issue.
It i*s further ORDERED that Condemnee Commerce National Bank, having previously
filed a duly executed Disclaimer of Interest on file I*n this Cause, shall take nothing in and by this
Judgment
It I*s further ORDERED that all costs of Court be assessed against the Condemnor.
This Judgment is intended by the parties to fully and finally dispose of all claims, parties
and issues in this lawsuit.
[signature pagesfollow]
2
SIGNED this day of , 2020.
Judge Presiding
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
/s/ Don Childs
Don Childs
State Bar No. 00795056
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
512/255-8877
512/255-8986 (fax)
datvu'scrrlaw.com
Attorneys for Condemnor
APPROVED AND AGREED:
CITY OF RQUND ROCK, TEXAS
0
Name:
Its:
I�I�n�ntl�
3
AGREED AS TO SUBSTANCE AND FORM:
/s/ Sue Wall (by Don Childs with permission 10.26.20)
Sue Wall
State Bar No. 20757120
Brady & Ham ilton Womack McCII*sh
1801 Lavaca, Suite 120
512.474*9875
swaII(a'--,,bhIawgrou- XOM
Attorneys for BHA Properties, LLC
4
Rage I of 5.
January- 26, 20'16-
Rev': Jul* -11, 2017
County., UVillia'nson
Parcel; : Parcel 4..(VHA Properties LLC),
Project:.. Haritac�eTrail
EXHIBIT A
-OFL)R PARCEL 4
PROPERTY DESCRIPTNI
-OF LAND. SITUATED IN'THE P...A,: HOLDER
DESCRIPTION OF A-0424-ACRE (18477 SQUARE FOOT)_.,TRACT�N, OF LOT I "BLOCK-*A4 OF
'297t IN
N"COUNTYTEXASBEfNG-Ar PORTIOSURVEY, ABSTRACT NOWILLIAMSO
THE OPUS SUBC}IVISION REGOR-DED. IN CABINET.Q SLIDES 41.42: OF THE PLAT RECORDS OF NVEYEVHAWILLIAMSONCOUNTY TEXAS- -AND--
PROPERTIES LLC BYINSTRUMENT RECORDED IN*DOCUMENT
- COD TO
NQ. 2Q4G059253 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSC?N CQUNTY, TEXAS, SAID 0:424 RCF2E
(18,477 SQUARE TRACT OF LAND BEING MORE- PARTICULARLY DESCRIBED BY METES AND.
BQUN[}5 AS FOLLOWS*
BEGINNING at a. caldulated.point in the easteriv boundav fine.of thatcalled 11.6049 acretractof land, conweyeW to
oft.[.ie.OMc*ta,-[P,ubil"c RecordsMFT3ftThe.Creek,LLC by instrument recorded 'in Document No.2a12092901
of
westerlyut.hwestedy c
W1111amsonGoUnt Texa% same bei'ng the b- Id ry -line o i f6r the. mo-st so-ofY1, oun a fsa4d Lot-. 1jornerpaint
tha de -scribed tract, and from. which- aY-Viran'.. rod loaner, being an angle in the - common boundary line of
said 11.6049 Lot I, bears S20°47"38"...a distance -of 10,.91'-fi D-et*.- -,-. and E at'
THENCE, continuing with said common boundary line.... the following. two (2) courses:
of 62493--feet to .-an-gte-I)- N .20'04738:.W,-for a distance: a, point;
W for a diskance..-Of �,25point,
2): N 60*2447- . to a -for the.: most. northwesterly corner of* .
described Tract;
said acre. boundary line,through thei►7teriorof said Lot - 4, the following six.(6) courses....
THENGE departing
IV
3} N$6°19'32 IEJor a-* distance of 14.62 feet, to a calculated poof* Curvature. to the right;
pr V #_ a4.00 feet, an arc* tength of 29.92 feet
angle of 6156.1 radius of
4) Along skid curve. to' the' right, having a deltaaof 29v.47 feet to.
* -a ca0culated point of tangency!
and a, chord which bears,. S: .76°32'00" E for a diskance
5) S 59°23'82" E for a distance of 142.69 feet to acalculated paintdf
to the left,
6) Along id.- curve fo the left, havion"9. a delta angle of-29'0001061*'y aradius- of- 75,v.00 feet" an arc lehgth of- 37.96 feet
and a, chord which bears,-S73°53'35" E for a distance- of 37.56 -feet., to a. calculated point of reverse -curvature;
7} 1 .00 feet. an' arc '-e t
Along a curve to: the-rdght, havmg, a deltaange- of 11*23"38 arad"us of 325. length of:6463 f ee:t to a calculated point- of tangency;-82041149" E for a distance of 64.52 feand a- chord which be ars., S.
of curvatubeingmmon boundwy 1*8)' S 76069'591" E for a distance of 42656 feet to a. calculatedpointtre- the co
in
of that called 0.317 acre tract of land 'conveyed. to. Tilden W. andKimberly J. E3aack by Dacurnept Na..
?_000038940 QfGcial i'ublic f2ecords of Williamson COUI-1ty.taouo�daryline
Texas, same being it�e easterly: of
Lot I for the most northeasterly earner of the. #ierein descrikaed tract
THENCE, contwiththe camrnoriboundary Eine said 0.317 acre... tract a, nd said Lot 1 the- faltowing. twoinuing.{2)
9
courses:,
9). Along. a curve to the left, having a deitaangie of 28°3T'S2", a radius of 95.02 feet, arr Marc (ength of 4T.48 feet and
a chord which bears, S 54°09'2(i" E for a distance of 46.99 feet to a calculated pant of rever
s:e-- curvature.,
Page 2. of 5
January 26, 2016
Rev... July 11, 2017
15-:
County:.. Williamson
-.
Parcel, Parcel d (VHA.PropertiesLLC)
Projeuv, Heritage Trail
10} Along - a* curve. -to the ''right, having, a. delta angle of 62°02'37", -a rad'ous Of 55,01 feet,ana arc length
of 59.5
calcuEate�te:* -eet.- p0int, the most
and a chord wh`#ch bears S 37027*105" E -for a-. aistanc of 66,10 fI I o afor.
sautheas#erlycorner of * the herein described tract;
x -
Lot 1 the. fallowing r. Courses:
roug- :1rior-vsakiIve (5-)--THENCEl deparfing s:-aid 0.317`ocre tra-cd,th1h thentef'
an.
viag delta 9*36 arad 5 00 f eet.... an a angth. -of 2. 6.. feet11)Along a, curve to - he...I-eft.ha a-ngle of-- 4 lus of 7 r
s '6 -*calculatedofangencyca chord which be' ars. N 67*11,15311 W� for.,a, di"'anc
tx-Of *&v.54 feet -to a:point *t
to, a caleuiated of C'UrVature, -to -the left12) N 76P59:59" W for a dstan-ce-of 104-42 feet
having aradius of 276.00 feet-, an arc I-ength of .54.69 fee#13): Along said curve, to. thojeft delta angle of 11*23'3811, a, .
fordistance54.64o a. ca c 1d., point of.- reverse•�urvature;'- W1u ate
and a: chord which N'* 4 of ,t
-'29°�0`05. a radius of A, an arc1ength f"63,.27 feet14) Along. a curve. to the right,having� delta a.ngte.- -of . -fee 0and a- chdrd'which bears- N. 73:06335" W'for- adis#ance of'62,60 fctket-to a..calculated point of tangency.
"
containing0,42415) N 591"13132'" W� for' a distanCe- of 141.33 '-fo.etto the. POINT* 0F BEGINNING,
square feet). rrf land,. mare or less.
This property: -parcel plat. by a separate
All bearings recited heeein are. based on the..- Texas State. Plane Coordinate Syste. Central Zone No. 4203; NAa 83.
THE STATE QF TEXAS
KNOW. -ALL MEN BY THESE i'RESENTS;
COUNTY -OF WILLIAMS-ON.
descrRptiorz Is
That 1. Lawrence M. Russo, a R.6gistered. Prof6ssional Land--, - ',above
r my
- und.ed b.y-a-�. s.urve, trade.
-d
d'.. hcrein was: determme
true a-nd correct. and that. the property- descrtbe y on the.
direct supeniision.
WITNESSAY HAND AND SEAL at Round Rack,- Williamson County,. Texas.
--- --- I - - - - - - - - - - - - - r -.i -------- Nk
2
- I.ILtL ...........
Law isteredence M.Russo
,
.
so r No
-o Land S�niey
Profes-si n'al
Inland Geodeticsf LLC
FA..'ir
m hJo: 40p5�J1-00
1504 Chisholm Trail Road, Suite 103
Round. Rock, TX 78681
,,i-,N.,..,.CORR-PIIOJ-EGTS%,�'AfIKSAli ECItiERITAGE T IUOTOW l` AV'
bt8--
ROPERTIES 4-REV DOC
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- - - - -----------------
----------
BEARING
LlN-9.0*47
WON"
3-8"W'
A 52*93
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E
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N50'24 47 W ---
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L4
N86'19'32"E.
f4*62'L5
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N76'S9`59`
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DOC. NO 201-605,9253
0A`P`t'R-W4G--
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hJFi—THE CREEK., LLC
(11.604-9 AC.}
fJ(7C: ND. 20f209290t
O.f'.R.W.C.T.
r7i
r1.�51 �'r� � "l" �'�ll �, � �17
NUMBER
DELTA.
cl
:34'16'S6"
C 2
zs•0o'a5-°-
c 3.
c 4
28'37'S2"
CS
6'L'02'3?"
C6
19°36'13,•
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11'23'38„ ww~
GEi
29--'00'fl5"
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ARCO M mg 0000c NA 0 A
0s424 A C-9
181477 SQ.$
TIIDEN W* dt KIMBERLY J. E
10*727 AG)
DDC, 'NO* 200{103B34Q
O.P.R.1V.G.T.
.7 -------------------
RADIUS-
--------------------
LENGTH
-------------- --------------
GNORD
CHORD BEARING
5O.OQ0
29.92'
-29,47
_._
S76*32'00"E'75400
137-*9.6,
-37-s56-
S-73*5335E
364.63'01kb.001
640520.S82*41'49".O.J
A WON 95-s0.2'
4-7948
-46.819."
S54*09`2*0"E
55101
---
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5Fi.70'
S37'27'06"E __.
%ft PAR A.Ammom
75.00'
Z5.66'
25.54',
NB7'11'S3"W
2 4Y. 55 0. 0
5"F.V+7A
54*60
N82 `4149"W*
25*00'
63,42:76.2*
60.
. . .....................................
N73`53*35"w.
..................................................... I ...........................
I N L A N Iu-
0 E
PROFESSIONAL LAND SURVEYORS
'I 5-04`04SHOLM TRAIL RD, S-TE* 101
R.OURD ROCK, TX, 78681
pffe - (51 2) 2 3 8K.1 240; FAX (512} 2 38-12 51'
FIRM REGISTRATION NO.. I OOS91
0,R-W*.G4T*
.lD PLAT'
FSC ROCKING HORSE M4CN
ASSOCIATES, . LLG'
(2U.895 ACRES).
DOC. N0, 2tl12022307
O,P,R.W.G,7..
KAHA PROPERTIES
TRACT 1
NFtOER OF 3.708 AC.)
tN.%-.NO. 20t2Q48864
(7:(�SE�.W.C.7.
Tll[7EN VI.- & `'
KIhiEERLY J. E3MGK �'�'..
(0.317 AC)
DOG* NO, 200003&940
b,P.R.iNC.T,
A c.
0.424 ACRES
18,477 SQt1ARE FEErt
m
S,-\...,C.O"."-PROJECTS\PA.Rg�S-REC\tiERI.-TAf,2'E TRAIL\0TUM AVE-Mi iES\PARCELS\VNA PROPERIE'S LIC PARCEL -
"�qqq
REVISED: 07 f 11 /2C317
FLAT' TQ A
N LEG E 0
IRON R(7D WITH CAP FOUND
�► 1/2" IRON R(3D F(3UND
UNLESS-.- NOTED
(:AL(:ULATED POINT
I� PROPERTY LINE
D.R. W.C.T. DEED- REGC?RDS WPLLlAMSON
COUNTY, TEXAS
P.R,W.C.T. Pt. -AT REGURDS WILLIAM50tJ
Ct3UNTY`, TEXAS.
Q.R.W.G.T. OFFIGIttI. RECORDS
WILLIAMSON COUNTY- TEXAS
B xMr�r A
.
��'C
umvA.N-Y
O.P.R.W:C.T. OFFIClAL PUBLIG RECORDS.
WILLI11MSf3N C0UNTY, TEXAS'
P.U.E, PUBLIC UTIt.ITY EASEMENT
P.tJ.6. POINT OFE3FGINNING
( ) RECORDINFORMA7IQN.
.0 Coord"notes- ore..
1) All bearings ara based "d -b All d*siunces are-. -surfuc,e dist nces. I grl:. ecrin.System,.NAO..surface volues- beased on the Texos: -state.-Plone Gac�rd'in�te Csntral l'on�.
THE SURVEY SHOWN INSUf2ANCE GF-
HEREON WAS' PREPARED 1N C0NJUNC.T10N WITH� THAT COMMITMENT FOR- 1*1TLE
NO. 1609642—GTN, IS5UE0 BYi1TLE RESOURCES GUARANTY COMRANY, EFFECTIVE C?AfiE JURY 6, 2016,
ISSUE
DATE JllLY t5, 2016.
WII.LIA�iS01V1. RESTRKw.*#T1VE COVENAKTS' -CABINET Q SL[DE .41, PLAT RECORDS' OFJ COUNTY,. TEXAS, AND
DOCUMENT -NO,,- 9609t5ti OF THE OFFICIAL. RECORQS OF WILLIAMSC}!V COUNTY— TEXAS..SUBJECT T0.-
-D IN: "V(iLUMC 3.08,.. PAGE. 54, DEED RECORDS OF
T CO.MPAN-Y10 1.EASE'MENT TO TEXAS POWE.'R'.&tIGH I REGORDE
WILLIAMSON COUNTY, TEXAS. FRflM ITS DESCRIPTIaN.LC7GATED.
CANNOT BE
J. EASEMENT TO TEXAS POWER&LIGHT COMPANY, RECORDED IN VOLUME 375,RECORDS OF
DEEDPAGE
WILLIAMSON COUNTY*, 'TEXAS., FROM ITS DESCftIPTIQN CANNOT [3E LOCATED.,
K. EASEMENT '01*0 LONE STAR. -GAS COMPANY,. RECORDED IN VOLUME 351, PAGE 331, DEED. RECORC#S OF
WILLIAMSON COUtJTY, TEXAS BLANKET EASEMENT* SUBJECT TO, AND M(?D1FlEt} OR' AMENDED INVOLUME 547,
PAGE 60', OFF10AL R*ECORDS O*F WILLIAM'S.ON CQUNTY,TEXAS,, DOES
L. EASEMENT Tt7 TEXAS PC7WER' & LIGHT COMPANY* RECORDED IN VOLUME353,PAGE 33, DEEDREGORDS CIF
WllL1APA50N COUNTY, TEXAS, FROM ITS: DESCRlPTION CANNOT B.E. LOCATED.
M. EASEMENT TO. TEXAS POWER & LIGHT GQMPANY, RECORDED IN V(3LUME 443, PAGE. i88, DEED RECORDS* QF
WILLIAMSf}N COUNTY, TEXAS., FROM ITS l7ESCRIP7t(}N CANNOT BE LOCATED..
N, EASEMENT FOR ACCESS IN VOLUME PAGE. DEED--
iFkAS, DOES NQT AFFECT AS SHOWN*.'
0*- EASEMENT TO TEXAS. POWER LIGHT -COMPANY, REGt?RDED IN VOLUME 608, PAGE .?_aa, DEED RECORDS' OF
UUILUAMSON COUNTY, TEXAS, D(}ES NOT AFFECT.'
I N L. -A N D u
EO D E.'ri C'S
PROFESSIONAL LA NO SURVEYORS
1504 CHISHOLM TRAIL RD, SiC�. 1-03
ROUNDROCKr TX. 786, 84PH* (5 12) 238""l2000 FAX (S1. 2) 230-42 S,1�
FIRM* RMISTRATION NO, 100591-00
PAEL L --- J4
tAE A 400%i
b.-.E.MENT
0.424 ACRES
18,477 SQUARE FEET
f7EVISED: 07/1 1j2017
%,q M A Rim M mm ammmzsm
PAGE. 4 OF 5
LIC PARCEL 4\VHA-,-PROF>ERTI.ES-4-a-ItEV,.DAro
0
�'1.A7" TOACOArIPAN
P. EASEMENT FOR ACCESS AND UTII.iTY RFGORDEO IN VOLUME 8R6, PAGE 0 161, DIES NOT AFFECT, ANi) V0I..UFAE
846, PACE 787, DEED RECORDS. C}F WILLiAMStJN, COUNTY, TEXAS; DOES NOT AFFECT AS SHOWN.
Q. WASTEWATER EASEMENT TO BR115F3Y CiaEE!< WAi`ER CONTROL AND IMPR4VEMEh1T DISTRICT, RECORDED IN.
VOLUME 1619, PAGE 354, OFFICIAL RECORDS OF WILUAMSON COUNTY, TEXAS,.. DOES: NOT AFFECT,
R. WATER AND WASTEWATER: EASEMENT TOLOWER COLORA
DO RIVER- AUTHORITY, RECQRDED IN GOCUMENT NQ.
9716211, OFFICIAL RECORDS. OF WPLLIAMSCiN COUNTY, TEXAS, DOCS NOT AFFECT,
S. WA7ER LINE EASEMENT TO CITY OF' ROUND ROCK 'RECORDED IN DOCUMENT N0.98C?8?_33,- OE='(7IC1AL RECORDS
QF WILUAMSON COUNTY, TEXAS, DOES NOT AFFECT A.S. SHf}WN.
RANCH,RECORDED IN DOCUMENT NO..T. PRIVATE' WASTEWATER. EAS-E'MENTT0 AUSTIN ROCK[NG' HORSELTD, f9819011, OFFICIAL. RECORDS OF* WLLIAM-SON COUNTY, TEXAS, DOES NOTAFFECTl!S SHOWN.
.OFFICIAL RECORDS OF WILLIAMSQN
9838400,
U. PRIVATE WASTEWATER EASEMEiVT RECORDED lN UC1Gt1MENT
COUNTY; TEXAS-. DOES NOT AFFECT AS. SHOWN..
I HEREBY CERTIFY THAT TENS' PLAT IS TtZIJE AND. GORRFCT AND
D
THE PROPERTY SHOWNHEREON WAS OETERMINE[7 HY A SURVEY
ON T GROUND UNDER MY DIRECT SUPERVISION
4.
-----
%AW,
------- ---
LA RENCE M. RUSSO A
GISTERED PROFFSSlONIiL'...... AlD SURVEYt7R NO. 505{�
INLAND. GEC3DETIGS, LLG
FIRM REGISTRATION. NO', 100591-00
i5Q4 CHISHOLM TRAIL ROAD-,. _SUITE. 1Q3
RouN'DROCK, -rEXAS, r8681
7 N�._ A. N D u
Ics
PROFESSIONAL LAND -SURVEYORS
5*04 CHI'SHOUA TR AIL R'0-* ST£. 103
ROUNDROCK, TX. 7868.1 .
PN.{5121736-1200,fAXt5i21238-te51
FIRM REGISTRATION NO. I OOS9 I a00
THAT"'
MADE
PARCEL
4
Mom= .6 A6*e'& AA.wfwe*
E MENT
Ab.E
0.424 -ACRES,
lb,477 SQUAR..E FEET
07/11/2017
I;E�V9SED:
PAGE: 5 ()i= 5
fo*lo% i
S%*\_.00_RR-PRM0T$,\PAWKS RECVERIV-14E IRAIL\C-TO"Ati.AVE-O*q,'VES\PARCELS\�N.-A PROPEMIES-1-11.0 PARCEL 4\\WA-*PROPERTIES--4--P.EV.D'ikt.
EXHIBIT "B"
TRAIL EASEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS0
:
That VHA PROPERTIES, LLC, a Texas limited liability company, and their
successors and assigns, ("Grantor", whether one or more), for and i*n consideration of the sum of
Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the
WILLIAMSON COUNTY, TEXAS, a ho emrule municipality situated i*n the County of
Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and
interests 1*n the nature of a public trail easement, for the benefit of the general public, in the form
of recreational trails over and across the below -described property, for use by the public for the
purpose of walking, running, hiking, bicycling, or traversing over, upon and across, and
otherwise using such trails; together with the express right to construct such recreational trails
and associated facilities and maintain the easement area by clearing and removing vegetation, silt
and debris therefrom, in, upon, over, under, above and across the below -described property:
All of that certain 0.424 AC tract of land I*n the P.A. Holder Survey, Abstract No.
297, Wi*11i"amson County, Texas; being more fully described by metes and bounds
in Exhibit "A", attached hereto and incorporated herein (Parcel 4)(the
"Easement")
The perpetual easement, rights -of -way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public recreational trail
facilities, public trail materials and related appurtenances, equipment and si*gnage,
's
This conveyance iis made and accepted subject to any and all condtionsiand restrictions,
if any, relating to the hereinabove described property to the extent, and only to the extent, that
the same may still be i*n force and effect and shown of record i*n the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easements, rights and privileges herein granted shall be
perpetual, provided however that said easements, rights, and privileges shall cease and revert to
Grantor in the event the facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00396536.DOC
The easements, rights and privileges granted herein are non-exclusive, however Grantor
covenants that they will not convey any future easement or conflicting rights within the premises
covered by this grant, unless otherwise specified herein, without the express written consent of
Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to
review any proposed easement or conflicting use of the easement to determine the effect, 1"f any,
on the facilities contemplated herein. Prior to granting its consent for other easements, Grantee
may require reasonable safeguards to protect the integrity of the facilities thereon. As required
by this paragraph, express written consent of Grantee shall be obtained by Grantor iOn the
following manner: advance written notice must be given by certified mail to the I City of
Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City
Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice,
the City of Round Rock shall have ten (10) daysi"n which to respondi"n writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor reserves the right to grant additional easements for utility use across the
Easement, but not longitudinally over the Easement, provided (1) crossings are made at not less
than approximate 45' angle to the trail facilities; (2) sufficient clearance between facilities is
maintained; and (3) such construction does not interfere with the access to, or with the operation,
maintenance and safety of the Grantee's trail facilities, as reasonably determined by Grantee. If
approval by City of Round Rock is required, then such approval shall not be unreasonably
withheld.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement and to trim and to cut down and
clear away any trees on either side of the Easement which now or hereafter i*n the
opinion of Grantee may be a hazard to any of the facilities, by reason of the
danger of falling thereon or root infiltration therein, or which may otherwise
interfere with the exercise of Grantee's rights hereunder, provided, however, that
all trees which Grantee is hereby authorized to cut and remove, i*f valuable for
timber or firewood, shall continue to be the property of Grantor, but all tops, lops,
brush and refuse wood shall be removed by Grantee;
(c) the right to mark the location of the Easement by suitable markers set I*n the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
Easement;
N
Grantee hereby covenants and agrees:
(a) Grantee shall promptly backfill any trench made by I*t on the Easement and repair
any damage I*t shall do to Grantor's private roads or lanes on the lands*
(b) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees I*n the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement. Grantee shall not be responsible or liable for the removal, repair or damage to any
property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the
easements; provided, however, before constructing any improvements, at least ten (10) days
written notice shall be provided to Grantee of the general plans of the improvement to be
constructed on the Easement, and Grantor must first obtain the consent and approval from
Grantee of the construction and location of any improvements within the easements.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said facilities, all upon the
condition that Grantee will at all times after doing work in connection with the construction or
repair of said facilities restore the surface of said premises as nearly as is reasonably possible to
the condition in which the same was i*n before the work was undertaken, considering the uses and
purposes of the rights granted herein.
Grantor hereby dedicates the Easement as a trail easement for the purposes stated herein.
This Easement i*s being delivered i*n lieu of condemnation.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby itself, and its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above -described
Easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim same, or any part thereof, when the claim is by,
through, or under Grantor, but not otherwise.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 20180
[signature pagesfoli F ow]
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GRANTOR:0
VHA Properties, LLC
A Texas limited liability company
Its:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of
9 20189 by 9 of VHA Properties, LLC, whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in the capacity and for the purposes and consideration therein expressed.
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
Notary Public, State of Texas
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