R-2021-061 - 3/11/2021RESOLUTION NO. R-2021-061
WHEREAS, the City of Round Rock ("City") is in the process of constructing an overall City
trail system; and
WHEREAS, the City wishes to enter into a Letter Agreement with Comet Realty, L.L.C. to
purchase a trail easement in and across a 0.519-acre parcel to construct a portion of the proposed
Heritage Trail East (Parcel 5) as part of the City's overall trail system, 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 said Letter
Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes, and is further authorized to execute any additional related documents necessary and required
for closing or completion of the transaction and requirements described therein.
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 and formally acted upon, all as required by the Open Meetings Act,
Chapter 5 51, Texas Government Code, as amended.
RESOLVED this 11 th day of March, 2021.
C IG'M R , d 'N, Mayor
City of Rou Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
01 12.20212-1 0466116
EXHIBIT
"A"
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PLLC
ATTORNEYS AT LAW
3Q9 East Main Street * Round Rock, TX 786G4-52db
Phone S12-73R-8725 (U) .fax 512-2SS-89A6
January 29, 2021
Comet Realty, L.L.0
. SOQ N. GeorgetownixStreet
Round Rock'-, Texas 7$664
Re.* City of Round Rock
heritage Trail casement
Parcel No.: 5
Dear Mr. Burgess:
Please allow this letter to set out my understanding regarding our Agreement for
the acquisition of a trail easement -1*nterest in and across portions of the property owned
as partof *ty of .Roundnd R,ock's {"City")by Comet Realty, L,L.C. {"O��ner"} the C1proposed Heritage Trai*1 i*mprovements and related. appurtenances (`°Project").
I3y execution. of -this letter the parties agree as follows:
1. Tn return for Owner's delivery to City of a fully executed and
. ("F.,asemez�t") -in and acrosscertain parcel
acknowledged -tra.1*1 easement that of land
0.51.9 acre, and. -In the form as set out I*n E*xhi*bi*t "A" attached hereto and 1*ncoiTorated
herei"n Ci9shall Owner the sum of -a'0'"7,033.00 i*ncash.
.7 ty avP--Of--------- ------ 0010 0SWUMM
.2* If requested by City, the Closing and completion of this transaction shall
takeplace at Independence Title ("Title Company")within
thlrty after :full
execution of this Agreernent, yr at other date and time agreed to between the panties.
Upon -request Owner shall provide reasonabie assistance, at no cost to Owner to
cause the Title Company to issue a policy of title insurance, with standard p»rated
exceptions, to City in completion of this transaction. City shall be responsible for all
typical closi*ng fees and costs associated with this transaction'. except that each. party shall
be responsible for any attorneys fees they incur.
Owner shall. assist City and Title
Company with any curative measures car mortgage lien consent or su'bordi* nation required
as a condition of the Closing.
3. This Agreement is being made, and the Easement is being delivered, in
lieu of condemnation.
o0a6a63a.r:)or.
If this meets with your understanding please execute this letter where indicated
a robelow and return 'lot to me2 and we will have this np ved and sign.ed 'by the Cityand
process this for Closing and payment as quickly as possible,
Please feel free to contact me at any timif you have any questions or concerns
about these issues.
AGREED:
CUMET REALTY, L.L.C;.
Nvo
Name: � `����
Date: � � �
- - -------
Ve1y truly yours,
Don. Childs
Sheets & Crossfieid, PLLC
z
ACCEPTED AND AGREED.a
CITY OF ROUND ROCK, -.-.AS
Printed Name:
3
EXHIBIT " A " FORM OF EASEMENT FOLLOWS
4
TRAIL EASEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
That COMET REALTY, L.L.C., and its 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 CITY OF ROUND ROCK, TEXAS, a home -rule
municipality situated in the County of Williamson and State of Texas ("Grantee"), the receipt
and sufficiency of which I*s hereby acknowledged, does hereby GRANT, SELL and CONVEY
unto Grantee certain rights and interests I'*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 (the "Property" or "Easement"):
All of that certain 0.519 acre (22,606 Sy. Ft.) tract of land in the Wiley Harris
Survey, Abstract No. 298, Williamson County, Texas; being more fully described
by metes and bounds i"n Exhibit "A", attached hereto and incorporated herein
(Parcel5).
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.
This conveyance is made and accepted subject to any and all conditions and restrictions,
if any, relating to the herei*nabove described Property to the extent, and only to the extent, that
the same may still be in force and effect and shown of record in 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 I*n the event the facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00464637.DOC/dc
The easements, rights and privileges granted herein are exclusive, and Grantor covenants
that they will not convey any future easement or conflicting rights within the Property 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, I*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 I*n the following
manner: advance written notice must be given by certified mail to the (1) City of Round Rock
City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 20vo
Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of
Round Rock shall have ten (10) days i*n which to respond in 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 or the Property, 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 Grantee9
:
(a) the right to grade the easement for the full width thereof and to extend the cuts
and fills for such grading into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary;
(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 I*s hereby authorized to cut and remove, if 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;
2
Grantee hereby covenants and agrees0
:
(a) Grantee shall promptly backfill any trench made by i*t on the Easement and repair
any damage it 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 Property 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 (east ten (10) days
written notice shall be provided to Grantee of the general plans of the improvement to be
constructed on the Property, 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 iinwhch the same was in 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.
day of
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
. 2021 *
[signature pagesfollow]
3
GRANTOR:
COMET REALTY, L.L.C.
0
Name:
Its:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of
202 1, by in the capacity and for the purposes
and consideration therein expressed.
Notary Public, State of Texas
4
PREPARED IN THE OFFICE OF0
:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO,
5
County:
Williamson Page 1 of 4
Parcel, PARCEL 5 (Comet Realty. 2.762 Acres) August 13, 2020
Project:
Heritage Trail ExHiBIT A
--------------------------
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 0.519 ACRE (22,606 SQUARE FOOT)., TRACT OF LAND
SITUATED IN THE. WILEY MARRIS SURVEY, ABSTRACT NO.. 298, IN
WiLLIAMSON COUNTY, TEXAS,. BEING A PORTION OF THAT CALLED 2.762
ACRE TRACT t)F LAND CONVEYED TO COMET REALTY,L.L.C. BY
INSTRUMENT RECORDED IN. DOCUMENT NC). 2008091376. OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS', SAID Q.519
(22,606ACRE - SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Capped iron Rod stamped "Inland 4933" set in the westerly boundary line of
said 2.762 acre tract, same being in the easterly boundary line of Lot 10 of Heritage Center, a
subdivision of record in Cabinet F, Slides 294-295 of the Plat Records of Williamson County,
Texas, for the northwesterly corner of the herein described tract,. from which a 1/2" *iron- rod
found being the northwesterly corner of said 2.762 acre tract-, same being. the southwester4y
corner of that remainder of a called 4.52 acre tract of land conveyed to George Johns Post No.
477 American Legion.by instrument in Volume 423, Page 614 of the Deed Records of
Williamson County, Texas, also being in said easterly boundary line of Lot 10, Heritage Center,
bears N 02°d1'14" W. for a disiance of 116.70 feet to a calculated point and N 02°00'11" W,
pass at a distance of 16.22 feet a Capped Iron Rod stamped "Dind21 found,"Diamond" a fiotal
distance of 109.86 feet,
THENCE, departing said easterly boundary line of Lot, 10, through the interior of said 2.762
acre tract, the following three (3} courses;
1} M $4°56'S8" E for a di*stance of 15,,91 feet, to a Capped Iron Rod sta.mped "Inland
40#2, 1)set; iw-%OP3,
2 S 50°21'48" E for a distance of 23,81 feet to a Capped Iron Rod stamped "Inland
4933" set,
3 S 89°46'09" E for a distance of 172.65 feet, to a Capped Iron Rod stamped "Inland
if ry dine 2.762* - the
4933 set 'in the easterly bounda of acre. tract, same in
existing westerly Right -of -Way (R.O.W.} line of Georgetown Street (variable width
R.0 .W.}, for the northeasterly corner- hereof, from which the northeasterly corner of
said 2.762 acre tract. same being the southeasterly corner of said remainder of 4.52
acre tract, bears N 12°23'46" E for a distance of 229.30 feet to a calculated point,
N 10°08'46" E for a distance of 111.2.2 feet to a calculated poi*nt and N 06"08'46" Ey
pass at a distance of()0distancefeet a 1/2 Iron Pipe found, for a total of 39.92
feet;
THENCE, with said common boundary and R,fJ.W. line, S 12*2346" W, pass at a.. distance of
62.36' feet a 1/2" Iron Pipe found 2.48 feet right of this course, for a total distance of 109.66
tcalculated centerlineof Brushy Creek
feet to a calculated point in the record approxima e .
the southeasterly corner of said 2.762 acre tract,- for the southeasterly corner hereof;
County: Williamson
Parcel: PARCEL 5 (Comet Realty 2.762 Acres)
Project, Heritage Trail
THENCE.- departing said westerly R.(J.W. line, with said centerline of
being the southerly boundary line of said 2.762 acre tract, for area
following two (2} courses:
1) S 88°53'46" W for a distance of 82.87 feet to a calculated points
I
Page 2 of 4
August 13, 202Q
Brushy Creek, same
calculations only, the.
zn)% S- 76°48'46" W for a distance of 97.80 feet to a calculated point being the
4F
southwesterlycorner of said 2,,762 acre tract, for the southwesterly corner hereof,
'r
THENCE, departing said centerline cif Brushy Creek, N 02°01'14"W,pass at a distance of
25.20 feet a calculated point being the south-easterly corner of saidLot 10, continuing with the
common westerly boundary line of said 2.762 acre tract and said easterly boundary line of Lot
90, for a total distance cif 147.6d feet to the POINT OF BEGINNING, containing 0.519 acres
An-MM&
(22 .606 square, feet) of land., more or less.
*Aft
This property description is accompanied by a separate parcel plat.
4System,All bearings recited herein are. based on the Texas State Plane Coord"1nate Central
Zone Na. 42Q3, NAD 83.
THE STATE oF TEXAS
KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF WILL §
That 1, M. Stephen Truesda(e, a Registered Professional Land Surveyor, do hereby, certify that
the above description is true and correct and that the property described herein was determined
It
by a survey made on the ground under my direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, INiIliamson County, Texas.
M. Stephen Truesdaie
Registered Professional Land
Licensed ate Land Surveyor
Inland Geodetics, LLC
AW
R F MARRAPIPPRMN INAM MAP"
Surveyor No. 4933
Firm Registration No: 100591-00
1504 Chisholm Trail Road[, Suite 1v3
Round Rock, TX 78681
Date
S:t CORR-PRUJECTSIPARKS & RECIHERI7AGE TRAILIACQUISITiON SURVEYS 20201CARLSUN\
PARCELSITRACTS-CCIMET REALTY 2_762AC1HERITAGE TRAIL-CQMET REALTY-2_762AC.DOCX
EXHIBrr A.
-------------------------
PLAT TO ACCOMPANY DESCRIPTION
11110
..... .......
. ................ . .............
LOT 10
HERITAGE' CENTER
CAL3. F. SLIDE 294-295.
P.R.W.C.T.
GEORGE JOHNS PAST NO., 477,
AMFRiCAN LEGION
(REMAINDER QF 4.52 AC.}
VOL* 423, PG. 614
D.R.W.C.T,
� � � -- -- _._ ` �
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DETAIL A
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DETAIL B
N.T.S.
INLA.-NDu
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EO D E I CS j A
PROFESSIONAL LAN D.-SURVEYORS
1504 CHISHOW TRAIL RD. STE. 103
ROUND ROCKo TX, 78681
PH. (ai2} 238wl 200f FAX (5D2} 239A 251
FIRM REGISTRATION NO. 100591 --00
589'06'Q�'�E
172.65'
D 5
0.519 AC.
22, 606 SQ. FT.
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AUGUST ]3, 2020
PAGE 3 OF 4
S:\.....,r.601�R—PROJFCTS\PARKS--REC,t\i-IE,fiITACE T.R.AlL\ACQUISITION S)URVEl'E3 2Ci2a`+,CARLaON\F'ARC.,,ELS\FIERITACE 3RAlL.----00kAtEl- REALTY—?_,_7G2ACDV'dG
LEGEND
ExwIg1TA now& dea
--------------------------------I
PLAT TO ACCOMPANY DESCRIPTION
IRON ROD WITH CAP FOUND
.1/2" IRON ROD FOUND
UNLESS NOTED
0 CALCULATED POINT
TxDOT TYPE I MONUMENT
o IRON ROD WITH CAP SET
I� PROPER'iY LINE
D.R.W.C.T. DEED RECORDS WILLIAMSQN
COUNTY, TEXAS
P.R.W.C.T.
PLAT RECORDS WILLIAMSON
TEXASCOUNTY0
O.R.W.C.T.
OFFICIAL RECORDS
WILLIAMSOtV COUNTY, TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY; TEXAS
N.T,S.
NOT TO SCALE
I'.U.E.
PUBLIC UTILI aY EASEMENT
P.O.B.
POINT OF BEGINNING
( )
RECORD INFORMATION
NOTES,
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS Sl'ATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. DISTANCES ARE SURFACE DISTANCES.
2 THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER IN5TRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
3) GRADIENT EDGE. OF WATER LINE ON APRIL 15, 207_0, AS IMPOUNDED BY VETERAN'S PARK DAM.
I HEREBY CERTIFY THAT THIS PLAT IS
THAT THE PROPERTY SHOWN HEREON WAS
SURVEY MADE, ON THE GROUND UNDER MY
TRUE AND CORRECT AND
DETERMINED BY A
DIRECT 5UPERVISiON.
------- M. STFPHEN TRUESDALE DATE
REGISTERED PROFESSION(.. LAND SURVEYOR NO* 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LAC
FIRM REGISTRATION NQ. 100591-40
1509 CHiSHULM TRAIL. RQAD, SUITE 103
ROUND. ROCK, TEXAS 7E3681
J
(;EODE ICS,
PRoa:sSIONAL LAND SURVEYORS
ROUNE) ROCK, TX. 78681
PH., {512j 238-11QU, FAX (Sid} 238-1251
FIRM REGISTRATION NO. 100591-00
*000f,
PANC.EL 5
K I
ACQUISITIOINI
0.519 ACRES
AUGUST 13 202022,606SQUARE FEET PA -GE 4 OF 4
--- --------------------- - f?.07.O�i,ARISON\PARCELS\IiERITAGE-COMET RF.ALTY-2,,762AC.S:\_CORR-PRO,iECTS\PARKS-REC\MERITAVErRAJL\ACQUlSlTl0N SURVEYS TRAIL
EXHIBIT «A„
PARCEL 5 -BRUSHY CREEK TRAIL VALUATION OF THE EASEMENT ACQUISITION
VALUATION OF THE EASEMENT ACQUISITION
Paul Hornsby and Company
39
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