CM-2021-308 - 11/19/2021CAUSE NO. 13-0189-CCI
CITY OF ROUND ROCK, TEXAS
Condemnor
V.
JOHN BOLT HARRIS, SUSAN
HICKOX HARRIS, HICKOX FAMILY
TRUST and NORTH KENNEY FORT PUD,
LLC, a Delaware limited liability company
Condemnees
IN THE COUNTY COURT AT LAW
NUMBER ONE OF
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
of the provisions contained within this Judgment and desire to resolve this lawsuit, or have
otherwise disclaimed or waived any rights to proceed further substantively in this action.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that a public
recreational trail facility easement interest in and to approximately 2.642 acres of land in
Williamson County, Texas, said 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 in Plaintiff's First Amended Petition, filed among the papers
of this cause on or about April 15, 2013, 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
easement tract for the purpose of exploring, developing, or mining of the same, and a writ of
4879-2154-6763, v. 4
M-Zoz I - 3VF
possession for such purposes, be vested in the CITY OF ROUND ROCK, TEXAS and its
assigns for the purpose of constructing, reconstructing, realigning, widening andlor maintaining
trail facilities and related appurtenances, and to perform associated public use and purposes.
The specific rights granted to and acquired by Condemnor herein in and to the Easement
Property by this Judgment are more particularly described in the Trail Easement document
attached hereto as Exhibit "B", which contains the complete and final agreement of the parties as
hereby confirmed by the court, and is incorporated herein for all purposes. The specific terms
and provisions of the Trail Easement document attached hereto as Exhibit "B" shall control over
any contrary or missing term or provision contained in this judgment, the pleadings and/or
petition in the lawsuit, and any other prior communication or document.
It is further ORDERED that in complete satisfaction of any and all claims which have
been made or which could have been made in this litigation 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 ONE HUNDRED NINETY-SEVEN
THOUSAND NINE HUNDRED FORTY-SEVEN and 92/100 Dollars ($197,947.92) for
acquisition of the Easement Property, and for any damages to the remaining property of
Condemnee, and of which total amount:
1. ONE HUNDRED ELEVEN THOUSAND THREE HUNDRED FORTY-FIVE and
00'I00 Dollars ($111,345.00) has previously been paid to Condemnees pursuant to
the terms of that certain Possession and Use Agreement between the parties, and
which was recorded as Document No. 2013062611 of the Official Records of
Williamson County, Texas; and
2
4879-2154-6753. v. 4
2. EIGHTY-SIX THOUSAND SIX HUNDRED TWO and 92.' 100 Dollars ($86,602.92)
has previously been deposited in the registry of the Court by Condemnor and
withdrawn by Condemnees, and for which sum Condemnor is hereby given full credit
and for which no execution shall issue.
It is further ORDERED that Condemnees John Bolt Harris, Susan Hickox Harris, and
Hickox Family Living Trust, having previously filed duly executed Disclaimer of Interest
documents on file in this Cause, shall take nothing in and by this Judgment. The amounts set
forth above were previously released to Condemnees John Bolt Harris, Susan Hickox Harris, and
Hickox Family Living Trust.
It is 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.
SIGNED this day of , 2021.
Judge Presiding
4879-2154-6753. v. 4
PREPARED BY AND APPROVED AS TO SUBSTANCE AND FORM:
/s/ Don Childs
Don Childs (SBN 00795056)
dm' scrrlaw.com
Mylan W. Shaunfield (SBN 24090680
rn an�7.. law" corm
SHEETS & CROSSFIELD, PLLC
309 East Main Street
Round Rock, Texas 78664
512.255.8877
512.255.8986 (fax)
Attorneys for Condemnor
APPROVED AND AGREED:
CITY OF ROUND ROCK, TEXAS
By:
AGREED AS TO SUBSTANCE AND FORM:
BARRON, ADLER, CLOUGH & ODDO, L.L.P.
808 Nueces Street
Austin, Texas 78701
512.478.4995
512.478.6022 (Fax)
By:or_
Andrew F. York (SBN 2 66318)
y_ork"ct, barronad ler.com
Sejin C. Brooks (SBN 24050046)
brooks(d2barronadler.com
Attorneys North Kenney Fort PUD, LLC
4879-2154-6753. v. 4
Page 1 of 4
EXHIBIT "AllDATE: 12/04/2012
JOHN BOLT HARRIS, SUSAN HICKOX HARRIS
AND THE HICKOX FAMILY LIVING TRUST PARCEL
DESCRIPTION OF A CENTERLINE FOR A 50 FOOT WIDE STRIP OF LAND SITUATED IN
THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT 107.17 ACRE TRACT OF LAND
CONVEYED TO JOHN BOLT HARRIS, SUSAN HICKOX HARRIS AND THE HICKOX
FAMILY LIVING TRUST BY INSTRUMENTS RECORDED IN VOLUME 2325, PAGE 245 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND IN DOCUMENT NO.
2006053683 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 50 FOOT WIDE STRIP OF LAND BEING PARALLEL TO AND 25 FEET EACH SIDE
OF THE HEREIN DESCRIBED CENTERLINE; SAID CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING at a 5/8 inch iron rod found for the northeast comer of that tract of land conveyed to Charles Dumas
and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of
Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County,
Texas, same being the northwest comer of said remainder tract, being in the south Right -of -Way line of the Union
Pacific Railroad Company (formerly Missouri Pacific Railroad and originally the International and Great Northern
Railroad) (100 foot Right -of -Way Width);
THENCE with the common boundary line of said Dumas tract and the said remainder tract,
S 02°04'00" E, for a distance of 1129.84 feet to the calculated POINT OF BEGINNING of the herein described
centerline;
THENCE, departing said common line, through the interior of said remainder tract the following twenty-three (23)
courses and distances:
1. Along a curve to the right, having a radius of 100.00 feet, a central angle of 21°42'18", an arc length of 37.88
feet, and a chord which bears N 84045'30" E for a distance of 37.66 feet to a calculated point of tangency;
2. S 84023'21" E for a distance of 51.44 feet to a calculated point of curvature;
3. Along a curve to the left, having a radius of 100.00 feet, a central angle of 25033'01", an arc length of 44.59 feet,
and a chord which bears N 82°50'08" E for a distance of 44.23 feet to a calculated point of reverse curvature;
4. Along a curve to the right, having a radius of 100.00 feet, a central angle of 27017'02", an arc length of 47.62
feet, and a chord which bears N 83042'09" E for a distance of 47.17 feet to a calculated point of compound
curvature;
5. Along a curve to the right, having a radius of 380.00 feet, a central angle of 29°36'27", an arc length of 196.36
feet, and a chord which bears S 67°51'07" E for a distance of 194.19 feet to a calculated point of reverse
curvature;
6. Along a curve to the left, having a radius of 150.00 feet, a central angle of 37056'54", an are length of 99.35 feet,
and a chord which bears S 72°01'21" E for a distance of 97.54 feet to a calculated point of reverse curvature;
7. Along a curve to the right, having a radius of 100.00 feet, a central angle of 29055'25", an arc length of 52.23
feet, and a chord which bears S 76°02'06" E for a distance of 51.64 feet to a calculated point of non -tangency;
8. S 64°19'07" E for a distance of 50.95 feet to a calculated angle point;
9. S 71*22'44" E for a distance of 220.03 feet to a calculated angle point;
10. S 77040'56" E for a distance of 136.31 feet to a calculated point of curvature;
11.Along a curve to the right, having a radius of 100.00 feet, a central angle of 29°39'10", an arc length of 51.75
feet, and a chord which bears S 62°47'53" E for a distance of 51.18 feet to a calculated point of reverse
curvature;
12.Along a curve to the left, having a radius of 100.00 feet, a central angle of 59033'28", an arc length of 103.95
feet, and a chord which bears S 77°45'02" E for a distance of 99.33 feet to a calculated point of reverse
curvature;
Page 2 of 4
DATE:12/0412012
13.Along a curve to the right, having a radius of 100.00 feet, a central angle of 30°30'44", an arc length of 53.25
feet, and a chord which bears N 87"43'36" E for a distance of 52.63 feet to a calculated point of non -tangency;
14. S 77°00'38" E for a distance of 323.55 feet to a calculated point of curvature;
15.Along a curve to the right, having a radius of 167.73 feet, a central angle of 11'34'53", an arc length of 33.90
feet, and a chord which bears S 71*13'11" E for a distance of 33.85 feet to a calculated point of tangency;
16. S 65*25'45" E for a distance of 84.40 feet to a calculated angle point;
17. S 70033'45" E for a distance of 177.30 feet to a calculated angle point;
18. S 77*54'11" E for a distance of 72.65 feet to a calculated point of curvature;
19.Along a curve to the left, having a radius of 300.00 feet, a central angle of 14041'28", an are length of 76.92 feet,
and a chord which bears S 89°24'54" E for a distance of 76.71 feet to a calculated point of reverse curvature;
20.Along a curve to the right, having a radius of 200.00 feet, a central angle of 51049'18", an arc length of 180.89
feet, and a chord which bears S 70°50'58" E for a distance of 174.79 feet to a calculated point of tangency;
21. S 44056'19" E for a distance of 74.46 feet to a calculated point of curvature;
22. Along a curve to the left, having a radius of 100.00 feet, a central angle of 46*15'04", an arc length of 80.72 feet,
and a chord which bears S 68*03'51" E for a distance of 78.55 feet to a calculated point of tangency;
23. N 88°48'37" E for a distance of 51.07 feet to the calculated POINT OF TERMINATION, being in the common
boundary line of the remainder of that 157.385 acre tract (Tract 1) of land conveyed to Bison Tract 79, LTD., by
instrument recorded in Document No. 2007049657 of the Official Public Records of Williamson County, Texas,
and described in Document No. 1999047747 of the Official Public Records of Williamson County, Texas, and
said remainder of 107.17 acre tract, and from which the southeast comer of said remainder of 107.17 acre tract,
same being the southwest comer of said remainder of 157.385 acre tract, being also the approximate centerline
of Brushy Creek bears S 00*10*28" E (Record) (Bearing Basis), with said common boundary line, 822.54 feet,
and also from which an iron rod found with plastic cap stamped 'B-A, being the southeast comer of that 4.42
acre tract of land conveyed to Thomas P. & Christel Elrod by instrument recorded in Volume 1813, Page 540 of
the Official Records of Williamson County, Texas, bears N 00°10'28" W (Record) (Bearing Basis), with said
common boundary line, 10.00 feet, and S 89"09'34" E (Record) with the common boundary line of said 4.42 acre
tract and said remainder of 157.385 acre tract, 315.38 feet (Record);
This property description is accompanied by a separate exhibit plat.
That I, Lawrence M. Russo, 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
partially by a survey made on the ground under my direction and supervision and partially from record information.
j
SS MY HANDAND SEAL at and Rock, Williamson County, Texas.
�Q�ce M. RussoDatered Professional Land Surve r No. 5050
Inland Geodetics, L.P.
Firm Reg. No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
vB
a
w N r- z0
n
2
Q n
O A
�■ n C)C
UzZ i m
V1 N fn
m r
r m m
QrnOmnN
Too Q
� 0!
yd+mw
4 Is? m r
awnwo1AZo
i1N Ate'-y�C
_v
A N A Z
0 ow z m
N 1
2ZO
Amx.wx >
in�Mr ipocn
�00 Cn
,r
y)
10-t
mHigg O
+'� m rn r
NO CD CA
LA !�o
v m
hag
01
w
U N y
� O 1
m
m
w a A 2
m
m C-
o p
ro =
Z
n
m 00
0 o O
N to r
m cNi�
v ro A
z
2
1 C
IE
z
c�
n O
Z x
I
m 2
n
m
n
Z
2
M
n
x
O
x
n
r
o
C
3 Z
Zn
oC)
z
:C]
C
—I
n
M
w
0
m
4
MOM lm��m
M0� OV02i91*lki
0
5D o e 22 x y o 1
ry
nrz =<rn
Lg�W �aµ191b0
r_rA�sp=Dm
mmO_q
4
x 9 -i
n N 1p ~ ON>0 m
'p -' 0, -9 n
-Ai in
rn tO vrTl �^
.VOU-IMI
ZVNl91b0
W
0
c
n �
n =
mrn
r0m
v' -+m
y
pwfn
n m r0 n
-iN0 _I
A 0
z
0 ME
N rn
m
r
<
m
nnnnnnz
OfCAAWN-O
ca
N41
OI
�)41N�
N
(11
N
d
O
a
N
■
A
■
J
a
N
a
i
N
cd
O
U
O
O
O
O
a
0000002
bcbobbcc
0oo000N0
m
<
clW
eGA46w
N
W
W
0
CA
WN01Ncpmn3:1
r
rn
-4
PAtO.I
Ln
W��
in
N
-IN
NNNm
z
z
Z
O
r!
4,e
CD
N
O
e
N
N
O
I V
O
N
O
O
O
f71
W
o;
�a
a
o
n
m
m
m
m
m
m
---------o re
ly
�l J!
1
n 1
'f
/ n
A
� 1,
I � I
I
m
/ �
C
�
AA
!n
rp
c - l AI'I
1 ' N
N 0
J r �
41! A 0
l N O
a
n�
41AT A4 4 m
Cy LnvF cn v
v 0 o v
C>�O�
g,uoa�o10�rAEmvvvn�Z,
�rq.q-nPm�z\mm_oonNN
r-4 �� r_^ ro M M IE z z �
n rn nn n , m; A 1 -4m c
;m r> ;> mm m (on zm a v A o 0 r- o iz 0
Z NC x m Z A m 0 r fm■1 0000
m
no O N 00 no r Z 41
ONZr000En RIim2r- o0
z0 no za- z0 n zmo-nm
-��1 OA Z"Z-n -1 ZZ200
K zn �p < O GI
40 m Z m 00
m -4o-1 -4m c
m m z
_,N x x i r \
x
y n b rn
to x h 0 0 r
n CA n
fn z
0�
.n
m n
03,
V
G F
O
9C A $
6f
C G% � 0 l
ZC i�
'P
o
-i
,: 8 6Z11 -__ __ S OeZO-Plr cn LOB 1c
at
O i
9
O u
0
r
m
Q
m
z
G
O
0
a
N
8
O
N
8
m
x
�pfNoa'1��_
�.T Z
*00 0
z
M
_ W
a
m
m L
o p
\ Q
c n Z
ri W
ro 0 c O
N r
C _
D
a N �
r
0 ch
z -
m (n
c
n
Z
2
n
n 0
z X
rn =
m n
Z
m
OR in
y n
Z
v
2
m
n
x
n
F
r r_
r O C_
c
Z
O -t G)
Z
C
(n
--I
m
x
W
n
x
O
G)
0
0
m
Z)
1
O
n
m,=u-nz
,Z
�j�n�o
-gvv-4 nw1
n
''S
ZnM
j-4�
Q=m0
z Am
cmo
nmcp
n0rx m
-b
mprnAm �Zm
Aov
y
zZ�o-
0-4rrlcxx
m-0c
W
n
uDx
**
_0al-1r�
mnCnzr0
�C
�
n1ZnMC" r)
Ino
M jm
-i
at0 Z
m �
x
r
NO
goo n
`� n
z0ED-<i
/ D
me
y
cozy
vzxpm
/
c
w
;0 m X 7
<
�mmrnm
rcZci
t
O
A
r7opflly
-C C W >
'
'
o�
v o 0 i
u
to a
On
-1
O rm 0 al
�zmm i
O �
n�
/
cn
O
�mr
mmmc
nm -nA
�1
/
A�mnn
n
a/
ojvoo
,
,
O
's�•'°j�
I
NO
CrnO:o
I
11 r'
t �
-0j
of �
V
0
•,. `•
I
O� •'
/ n� u N pN
O
0
/ 00
z�
� m
L y�
m
I
z
r�
0; (,65'z8B 3■9z,01600s) m CD < n
SISva SN18V3e i 0 o x
n ro
z 19qz
po
N.
m
d�o-lo
C�
0 m n
F\
x
n
0
m
.A
O
n
A
Ic0 0 Amo
1Il W AmN-1�
fA�nruni
non
mr-,
yz
W
ul
0
A�grr
n 00
Cl i�•
}
r fir- oFo rr rn vvvn
s= 31�1 �,n r m A Z\ �, N
j
O O E E r'
C-4-n Cn-0 m m >E 0'0-1y n
mm y o-4m-qp00
rr
I
fnm ror C. zm
Orro0;v00 ni17�C i Kmfl-4
1
Zzz
oom n ao 0ormao00
Zr m
y
gy 00O(A C ME M M O o
cOnncvco nmzrno- n
1 V'
1'1cm--4Inl�1 -4 Zn?cC
zn .0 1 z � o z
Q G
m {m m m m c�
o z z
y
D m n p m y
m X m m In r
f►i%
L In D
r
m 2 a
n
N'
1
MO
�
r
W
r
O
r
-1
r
O
r
0
r
A
z
O
2
Z
N
H
y
y
O
om
m
p
-
v
o
as
ormr
O
A
O
N
W
N
A
2
m4+
Aw
W
z
m
■
�
�
e
N
17�
1
A
m
+'I
m
m
rm
r°D`
m
o
OD
0
0
A
Cl
W
p
A
_
rn
II_w ce aO
fN q O
Iw
O
—-----------
m _
s , v vv y
F ' Nmz
N n M
00 21>
3 E��cyrAnO�
(^-P
fit^'
a-01n�r
d �bla3i�d ATOM SNUSIX3
n
n
n
n
n
n
n
Z
DIN
-
0W0-10
AN
_OIpN
wN
m�
N
A
o
A
a�
A
p
,ern
W
w
r
d
A
m
m
w
A
m
O
000
on
Ooo-qOOov_
000;e000c
Ooo
Clio
0oy0
aCDvwc„o
W
CA
0
:.I
991
m
ip
i0
w
j�
t 4
1D
'y
311
N
Ip
N
O
IT
!JI
N1
n
m
_
co
A
9'
W
IV
10
to
x
NW
Wm�
_
((A
-
-
-
-
-
-o
(II00
xW
y
p�
-1
0
0
W
-4
,m
OOIt
-4-111
T'AA
pCnN
AA
wOA
W
Wt71.1_�
CA
2
M
MIMI
lmlrnlrni
a
o
�
0
0
m
x
m
CD
z
EXHIBIT "B"
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That NORTH KENNEY FORT PUD, LLC, a Delaware limited liability company, and its
successors and assigns, ("Grantor", whether one or more), for and in consideration of the sum of Ten and
No/l00 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 is hereby acknowledged, does hereby GRANT, SELL and CONVEY
unto Grantee certain rights and interests in 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, remaining upon, 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:
See Exhibit "A" attached hereto and made a part hereof describing a 50 foot wide strip of
land situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas,
BEING A PORTION OF THAT REMAINDER OF THAT 107.17 ACRE TRACT OF
LAND (the "Parent Tract") CONVEYED TO John Bolt Harris, Susan Hickox Harris and
the Hickox Family Living Trust by instruments recorded in Volume 2325, Page 245 of the
Official Records of Williamson County, Texas, and in Document No. 2006053683 of the
Official Public Records of Williamson County, Texas, said 50 foot wide strip of land being
parallel to and 25 feet each side of the herein described centerline; said centerline being
more particularly described in Exhibit "A" (the "Easement Tract").
The perpetual easements, 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 trail facilities, public trail materials and equipment and
signage within the Easement Tract.
This conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove 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 in the event
the facilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years.
The easements, rights and privileges granted herein are exclusive, and Grantor covenants that it
will not convey any other easement or conflicting rights within the Easement Tract, 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, if any, on the
facilities contemplated herein. Prior to granting its consent for other easements, Grantee may require
4870-8347-2385. v. 3
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 in 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 2008 Enterprise Drive, Round Rock, Texas 78664. Following
receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing
granting consent, conditioning consent upon reasonable safeguards, or denying consent.
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 in 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, 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 in 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;
Grantee hereby covenants and agrees:
(a) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it
shall do to Grantor's private roads or lanes on the lands;
(b) 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 in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easements for any
and all purposes which do not interfere with and prevent the use by Grantee of the easement, including
without limitation to accommodate stormwater runoff. 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 within
the Easement Tract, at least ten (10) days written notice shall be provided to Grantee of the general plans
of the improvement to be constructed on the easements, 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 reasonable times to enter the Easement
Tract, 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 in before the work was undertaken.
4870-8347-2385, v. 3
Grantor hereby dedicates the easement as a trail easement for the purposes stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns, forever, and Grantor does hereby bind itself, and its successors and assigns, and legal
representatives, to warrant and forever defend, all and singular, the above -described easements 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
.2021.
GRANTOR:
NORTH KENNEY FORT PUD, LLC,
a Delaware limited liability company
By:
Name: Tadd M. Miller
Title: Manager
ACKNOWLEDGMENT
THE STATE OF
This instrument was acknowledged before me on this the day of the month of
, 2021, by Tadd M. Miller, Manager of NORTH KENNEY PORT PUD, LLC,
a Delaware limited liability company, known by me to be the person 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.
3
Notary Public, State of
4870-8347-2385. v 3
After recording please return to:
Charles D. Crossfield Sheets
& Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
4870-8347.2385, v. 3
0
al L a
lain
loo Cowl's
HARRIS TRACT — HIGHWAY 79 BRUSHY CREEK SITE DESCRIPTION AND ANALYSIS
Source: A rcWew GIS Maps
® Paul Hornsby and Company 19
ROUND ROCK
r=xas
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreed Judgment with North Kenney Fort PUD, LLC for
acquisition of a 2.642 acre trail easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/19/2021
Dept Director: Steve Sheets, City Attorney
Cost:
Indexes:
Attachments: LAF - Agreed Judgment w North Kenney Fort PUD (Harris); 2.642 ac Brushy Creek
Gaps Trail.pdf, HARRIS--Agreed Judgment --Brushy Creek Gaps Trail BACO
Executed 11-15-21.pdf, HARRIS--easement location exhibits (DC 11.10.21).pdf
Department: City Attorney's office
Text of Legislative File CM-2021-308
The settlement of this condemnation suit will complete the final parcel acquisition for the Brushy Creek
Gaps Trail project (which has been constructed and is operational). The $197,947.92 judgment amount is
equal to the amount of the special commissioners' award in the condemnation suit, which was previously
paid to the registry of the court and removed by the owners in 2013. There are no additional funds
required from the City for this final judgment.
Cost: Total cost of the item goes here. This amount needs to match the cost that was input under the
details tab.
source of Funds: Type the funding source for the item here - needs to match the fund name that was
chosen in "Index" section
City of Round Rock Page 1 of 1