CM-2022-201 - 9/8/2022ELECTRONICALLY RECORDED 2022105603
Williamson County, Texas Total Pages: 11
Form ROW-M PUA
(12M 2)
Reoun Form ROWN-7
Papa 1 do
POSSESSION AND USE AGREEMENT FOR TRAM, CONSTRUCTION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 6
COUNTY OF WILLIAMSON § Project: Heritage Trail
This Possession and Use Agreement For Trail Construction Purposes (the "Agreement") between CITY
OF ROUND ROCK, TEXAS ("Grantee"), and CIRCLE 77, LLC a Texas limited liability company and
CIRCLE 77 WR, LLC a Texas limited liability company (the "Grantor" whether one or more), grants to
the Grantee, its contractors, agents, and all other service providers deemed necessary by Grantee to
complete the Project, an irrevocable right to possession and use of the Grantor's property for the purpose
of constructing improvements to Heritage Trail and related utility adjustments (the "Project"). The
property subject to this Agreement is described more fully in field notes, plat map or other description
(attached as "Exhibit A) and made a part of this Agreement by reference (the "Property").
1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right
of entry and exclusive possession and use of the Property for the purpose of constructing a walking
trail, utility adjustments, and all related appurtenances thereto and the right to remove any
improvements. Authorized activities include surveying, inspection, environmental studies,
archeological studies, clearing, demolition, construction of permanent improvements, relocating,
replacing, and improving existing utility facilities, locating new utility facilities, and other work
required to be performed in connection with the Projects. This Possession and Use Agreement will
extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property, and
all others deemed necessary by the Grantee for the purpose of the installing the Projects. This grant
will allow the construction, relocation, replacement, repair, improvement, operation and maintenance
of utilities on the Property only.
2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties, and obligations under this Agreement, the Grantee and Grantor agree to postpone the
current condemnation suit so the parties may engage in additional good faith efforts to negotiate all
available monetary and non -monetary compensation alternatives for acceptable conveyance of the
Property upon terms which are acceptable to the parties herein. Grantee will be entitled to take
possession and use of the Property upon Full execution and recording of this document by Grantee in
the Official Records of Williamson County, subject to the conditions and limitations in paragraphs 14
and 15 below, if any. The parties agree that the conditions and representations in this Agreement
represent adequate and full compensation for the possession and use of the Property
3. The effective date of this Agreement will be the date on which all parties have signed this Agreement,
(the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to Grantee in that certain title commitment numbered GT2100137
effective October 6, 2021 by Longhorn Title/Title Resources Guaranty Company. The Grantor further
warrants that no other person or entity owns an interest in the fee title to the Property and further agues
111111011111
/ M, 7 !1 27 — 2 a/
2022105603 Page 2 of 11
Fwm Row-N•PuA
(12112)
Repleces Form ROW-N-7
Pape 2 of 6
to indemnify the Grantee from all unreleased or undisclosed liens, claims or encumbrances affecting
the Property.
5. The parties agree that the Valuation Date for determining the amount of just compensation for the real
property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent
domain proceeding purposes, will be the Effective date of this Agreement.
6. This Agreement is made with the understanding that the Grantee will continue to proceed with
acquisition or dedication of a real property interest in the Property. The Grantor reserves all rights of
compensation for the title and other interest in and to the Property which the Grantor holds as of the
time immediately prior to the Valuation Date of this Agreement. This Agreement shall in no way
prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the
Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the
improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any
larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the
Effective Date of this Agreement. The Grantee's removal or construction of improvements on the
Property shall in no way affect the fair market value of the Property in detennining compensation due
to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's rights
to any relocation benefits for which Grantor may be eligible. In the event the parties do not reach an
amicable agreement to resolve this matter, Grantor or Grantee may request a Special Commissioners'
Hearing be set by requesting the same and Grantor and Grantee agree that each party shall be provided
at least 120 days' notice of said hearing before any Special Commissioners' Hearing is conducted.
7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not
be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for
any period of time prior to the date of the award. Payment of any interest may be deferred by the
Grantee until entry of judgment.
8. The purpose of this Agreement is to allow the Grantee to proceed with its project without delay and
to allow the Grantor to avoid proceeding with condemnation litigation at the current time and continue
voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly
acknowledges that the proposed Project is for a valid public use and voluntarily waives any right the
Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any
condemnation proceeding for acquisition of the property related to the Project, based upon claims that
the condemning authority has no authority to acquire the Property through eminent domain, has no
valid public use for the Property, or that acquisition of the Property is not necessary for the public use.
9. The 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. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the Grantee to take and use all other
minerals and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special
assessments assessed against Property until the Valuation Date, including prorated taxes until the
Valuation Date for the year in which the Grantee takes title to the Property.
2022105603 Page 3 of 11
Form ROW-N•PUA
(12112)
Replacm Fwm ROW.N•7
Page 3 of B
11, Notwithstanding the acquisition of right of possession to the Property by the Grantee in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall
continue to remain in effect until the Grantee acquires title to the Property either by negotiation,
settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest, and assigns of the parties.
13. It is agreed the Grantee will record this document.
14. Grantee will not allow members of the public to access or utilize the Project Improvement until the
City has actual possession by deed, or there is a deposit of an Award of Special Commissioners through
a condemnation proceeding.
IS. To the extent permitted by the laws and Constitution of the State of Texas, the Grantee will indemnify,
defend and hold Grantor harmless against any and all claims for personal injury of third parties and
damages to the property of third parties that are caused by the Grantee's use of the Property; provided
Grantor promptly notifies the Grantee of any such claim and provides the Grantee with the opportunity to
defend against the claim. The Grantee will cause its employees, agents, consulting engineers, contractors,
sub -contractors or any other representatives authorized to enter the Property under this Agreement
(collectively called the "Grantee") to be responsible for the safety of all the Grantee's employees, agents,
consulting engineers, contractors, sub -contractors or any other representatives who enter onto the Property
at the direction of the Grantee.
At no time •in ro the possession of the Pert by Grantee for the u oses described herein shall
Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land for
its current uses without prior advance agreement between Grantor/Tenant and Grantee
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the
limitations set forth above.
[signature pages follow]
2022105603 Page 4 of 11
Date:
ACKNOWLEDGMENT
STATE OF OREGON
COUNTY OF Cf (a s.{c4. ,,..,, g
Form ROW-N-PUA
(121U)
Rephume Form ROW-N-7
Page 4 of 6
This instrument was acknowledged before me on this the fb iiay of, 2022 by Circle
77, LLC, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Oregon
Printed Name: S+wt- , L�cZ rb4 5
My Commission Expires: .5T4
OFFICIAtNO.
MP
81r@1/EN N07ARY PUBLOREGON
COMMISSION991808
MY OOMMI5310N EXPIRES BEPYEMBER 22, 2023
2022105603 Page 5 of 11
CIRCLE 72 WR. LLC
C..
Name:
Its:
Date:
ACKNOWLEDGMENT
STATE OF OREGON
COUNTY OF [-iaa-tr.o.. v.,., g
Form ROW-N-PUA
I121121
Replaces Form ROW44-7
Page 5 of
This instrument was acknowledged before me on this the/`May of , 2022 by Circle
77 WR, LLC, in the capacity and for the purposes and consideration recited he ein.
Notary Public, State of Oregon
Printed Name:
My Commission Expires: sc f4
OFFICIAL STAMP
STEVEN BARDAS
NOTARY PUBLIC - OREGON
COMMISSION NO.991W8
MY COrAMISSION EXPIRES SEPTEMBER 22, 2023
2022105603 Page 6 of 11
GRANTEE:
CITY OF ROUND ROCK, TEXAS
: I La �, o yv 1
�+er .
ACKN WLEDGMENT
STATE OF TEXAS
Form ROW-N-PUA
(12l12)
Reouces Form ROW-W?
Pogo 6 of 6
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the P _'day of', 2022 bre"ir
A4rrl,ei+, in the capacity and for the purposes and consideration recited herein.
6rtyt. tJi(C4 A^...x
�Yr�Mi MONME
ADAMS
My M ftv ID / 128MI3
e0w Mardi 22, 2026
otary Pu , State of Texas
Printed Name:—A4DA1iQ- — A'YA �T
My Commission Expires 3 ���
2022105603 page 7 of 11
County: Wiliarnson Pop10f4
r'arcot: PARCEL 6 (Circle 77, LLC, Et. Al. 1 8N Aces) Rev: 05108/2022
Project; Heritage Trai
EXHIBIT A
PROPERTY DESCRIPTION FOR PARCEL 6
DESCRIPTION OF A 1.699 ACRE (74,003 SQUARE FOOT), PARCEL OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO.298. IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THAT CALLED 17.1253 ACRE TRACT OF LAND (LOT 5-A)
DEPICTED ON STEEPLECHASE DOWNS, A SUBDIVISION OF RECORD IN CABINET N,
SLIDE 136-137 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
DESCRIBED IN SPECIAL WARRANTY DEED TO CIRCLE 77, LLC (A 84.91% INTEREST)
AND CIRCLE 77 WR, LLC (A 35.09% INTEREST) RECORDED IN DOCUMENT NO,
2018073860 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 1.699 ACRE (74,003 SQUARE FOOT) PARCEL BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod with plastic cap stamped 'Inland 4933' set In the westerly boundary line of said Lot
5-A, same being In the easterly boundary line of Lot 3 of Heritage Center, a subdivision of record in Cabinet F,
Slide 294-295 of the Official Public: Records of Williamson County, Texas and cited as being Lot(s) 3 and 4,
Heritage Center in Special Warranty Dead to the City of Round Rock Texas recorded in Document No.
201404W5 of the Official Public Records of Williamson County, Texas, for the northwesterly comer of the herein
described parcel, from which a 5/8" iron rod found, being a point on a 60 foot radius cul-de-sac at the southerly
terminus of Heritage Center Circle (t 00' Right -of -Way (ROW} width), being the common comer of said Lot 4 and
Lot 5-A bears, with said westerly boundary line of sold Lot 5•A, same being in the easterly boundary line of Lot
3, N 05°09'05" W, at a distance of 352.53 feet, a calculated angle point, and continuing N 60'42'06' W. at a
distance of 101.12 feet;
THENCE, departing said Lot 3, through the interior of said Lot 5-A, the following six (6) courses:
1) N 74016146" E, for a distance of 79.94 feet to an Iron rod with plastic cap stamped 'Inland 4933" set;
2) S 89'3647" E, for a distance of 101.76 feet an iron rod with plastic cap stamped "Inland 4933" set;
3) N 70039163" E, for a distance of 146.51 feet to an iron rod with plastic cap stamped `Inland 4933" set;
4) N 66"W'22" E, for a distance of 109.76 feet to an iron rod with plastic cap stamped "Inland 4933" set:.
5) N 40009'58" E, for a distance of 106.74 feet to an iron rod with plastic cap stamped `inland 4933" set;
6) N 60013'66" E, for a distance of 24.42 feet, to an Iron rod with plastic cap stamped "Inland 4933' set in the
easterly boundary line of said Lot 5-A, same being the westerly boundary line of Lot 9B, as depicted on
Replat Of Lot 9 Heritage Center Subdivision, a subdivision of record in Cabinet GG, Slide 27-28 of the Plat
Records of Williamson County, Texas, for the northeasterly corner of the herein described parcel, from which
an iron rod with plastic cap stamped "Forest 1847' found in the existing southerly ROW line of U. S. Highway
79 (variable width ROW), being the northeasterly corner of said Lot 5-A, same being the northwesterly comer
of said Lot 98, bears, with said common boundary line, N 05'19*06* W at a distance of 084.30 feet;
7) THENCE, with said common boundary line, S 05019'06" E, for a distance of 162.93 feet to the calculated
southeasterly corner of Lot 5-A, same being the southwesterly corner of said Lot 9B, also being the centerline
of Brushy Creek per said Steeplechase Downs plat, for the southeasterly corner of the herein described
parcel;
THENCE, departing said Lot 9B, with the southerly boundary line of said Lot 5-A, the following two (2) courses.
8) S 63637'44" W, for a distance of 431.39 feet to a calculated angle point;
9) 9 86'28'43" W, for a distance of 122.22 feet to a calculated angle point, being the southwesterly comer of
said Lot 5-A, some being the southeasterly comer of said Lot 3, for the southwesterly corner of the herein
described parcel:
2022105603 Page 8 of 11
County: Williamson Page 2 of 4
Parcel: TRACT 6 (Circle 77. LLC, Et. Al. I AN Acres) Rev: 06108V2422
Project: Heritage Trail
10) THENCE, with the common boundary line of said Lot 3 and said Lot 5-A, N 05"09'06" W, for a distance of
164.00 feet to the POINT OF BEGINNING, containing 1.690 acres, (70,003 square feet) of land, more or
less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No 4203, NAD
83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON 4
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct and that the property described herein was determined by a surrey made on the
ground under ray direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County. Texas.
KeglSIMO vroTessionai Lana Surveyor NO. 4833
Licensed State Land Surveyor
inland Geodetics, LLC
Firm Registration No: 100591.OD
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
S:%CORR-PRO,IECTSIPARKS-RECIHERITAGE TRAIDACOl11SIT1ON SURVEYS 20201CARLSONIRARCELSSTRACT e-CIRCLE 77, LLC. Et
AI -LOT 5-AHERIfAGE TRAIL -CIRCLE 77-1.6WAC EASE.DOCX
2022105603 Page 9 of 11
HERITAGE CENTER CIRCLE
/1100' ROW WIDTH)
($*'CUL-DE-SAC
RADIUS)
rA,,,
to i
EXHIBIT �
PLAT TO ACCOMPAN
A��15 ��Rv5Y
WILF- ,v0, 29
ABSTRA
NO.
DIRECTION
DISTANCE
1
N74'1548 E
79.94
L2
S89'38 47 E
i 01.76
L3
N8555 22 E
109.76
L4
NW69 58 E
108.74
LS
NBO'13 58 E
24.42
N U.S. HIGHWAY 79
(VARIABLE WIDTH
FOREST
Row)
d47
1 1
�'►I It
11
LOT 31`
' ' I CIRCLE 77. LLC (64.91X INT.) STEEPLECHASE DOWNS
,
�. p�E 15� CIRCLE 77 WR, LLC (35.09X INT) (LOT 5-A)
PER PUTTS-� 1`'- (17.1253 AC.} CAB. N. SLIDE 136-137
I 1 DOC 2818073860 P.R.W.C.T.
W
I I
1
O.P.R.W.C.T.
N
I
I
L D T 4 a
I z
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DWRVT NO. I
u
1 1
r
y
1
20' SANITARY SEWER TUNNEL EASEMENT
0 H
3
j�
i
VOL 1619, POS. 427-430
O.R.W.C.T.
zw
�=an
ej
00,0
r -- -Ir}�t-----CITY
OF ROUND ROCK^
y
1 �(o' 10' Um" EASEMENT /
O
i VOL 555, PG. 189
D.R.W.C.T.
HERITAGE CENTER
1 1 N BUILDING - t-� r��•
)
CAB. F. SLIDE 294-P95
1
�
/ •�^J ���
P.C.B.
SEE NOTE,F
#2
APPROX. CL BRUSHY CREEK
FROM A€RTAi fIg7C� RE Y
--.�-- , -
S$8'28'43"W
(S7WOVO2'W 1
0 50 100
I'■100'
f DETNUV A-
a
% I
20' SEWER EASEMENT
PER HERITAGE CENTER
CAB. E. SLIDE 294-29
i �- P.R.W.C.T.
11
11
m -p N
f., m r•
1
{A
O N
-�NmWH
rJL
6w01Qti
4 I
�H v
LOT 98
$1
3.756 ACRES
(OPEN SPACE)
1
I
3UILOIN0 1
~f'rV
EE ""B"
f r�
v 1.699 AC.
74,003 SO. FT. .
1 9
1-1
It $q�; O.L^t,
DETAIL "A"
r
30' P.U.E
+-'PER PLATS
DRAWACE EASEMENT &
PUBLIC UTK. EASE.
PER HERITAGE CENTER
CAB. E, SUDE 294-295
P.R.W,C.T.
NOTE:
2) GRADIENT EDGE OF WATER LINE ON APRIL 15. 2020, AS IMPOUNDED BY VETERAN'S PARK DAM.
I N L A N Q i PROPOSED TRAIL PARCEL
GEODETICS
MOMMONAL LAND R=VFeMS
1504CHRNOLUTNAILW.SM. 101 1.699 ACRES
ROUND ROCK. TX- ilzie=,:s, 74,003 SQUARE FEET
aeu�rr�cr�.rr� rn IM1t01r1n
DETAIL "B"
N.T.S.
�NING
REV: JULY 07, 202
PAGE 3 OF 4
2022106803 Page 10 of 11
EXN181T A
LEGEND PLAT TO ACCOMPANY DE
®
IRON ROD WITH CAP FOUND
P.R.W.C.T.
PLAT RECORDS WILLIAMSON
•
1/2" IRON ROD FOUND
COUNTY, TEXAS
UNLESS NOTED
O.R.W.C.T.
OFFICIAL RECORDS
CALCULATED POINT
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
0
IRON ROD W/ PLASTIC CAP
WILLIAMSON COUNTY, TEXAS
STAMPED "INLAND-4933" SET
P.U.E.
PUBLIC UTILITY EASEMENT
PROPERTY LINE
P.O.B.
POINT OF BEGINNING
D.R.W.C.T.
DEED RECORDS WILLIAMSON
( }
RECORD INFORMATION
COUNTY, TEXAS
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are
surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF
NO. GT2100137, ISSUED BY TEXAN TITLE INSURANCE COMPANY, EFFECTIVE DATE OCTOBER 6. 2021 ISSUE DATE
OCTOBER 17, 2021.
RESTRICTIVE COVENANTS: CABINET F, SLIDE 294, CABINET M. SLIDE 55 AND CABINET N, SLIDES 136-137, PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, VOLUME 2480. PAGE 561, VOLUME 2517, PAGE 144, AND DOCUMENT
NO. 9532990, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
10A. EASEMENT TO CITY OF ROUND ROCK RECORDED IN VOLUME 546, PAGE 453, DOES NOT AFFECT, AND
VOLUME 555, PAGE 189, SUBJECT TO, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
B. EASEMENT TO BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 RECORDED IN VOLUME
1619, PAGE 423, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
C. EASEMENT TO MULTITECHNOLOGY SERVICES, L.P. RECORDED IN DOCUMENT NO. 9539438, OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
D, EASEMENT TO WILLIAMSON COUNTY, TEXAS RECORDED IN DOCUMENT NO. 2002032201 AND ASSIGNED TO
LOWER COLORADO RIVER AUTHORITY IN DOCUMENT NO. 2009089311, OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT.
E. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN VOLUME 2408, PAGE 561 AND
DOCUMENT NO. 9532990, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CABINET F, SLIDE 294,
CABINET M, SLIDE 55, AND CABINET N, SLIDES 136-137, PLAT RECORD OF WILLIAMSON COUNTY, TEXAS,
SUBJECT TO.
G. TERMS, CONDITIONS, AND STIPULATIONS OF EASEMENT AND MEMORANDUM OF AGREEMENT IN DOCUMENT NO.
2011026495, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
H. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS AND RESTRICTIONS AS SET FORTH
IN PLATS RECORDED IN CABINET F, SLIDE 294, CABINET M, SLIDE 55, AND CABINET N, SLIDES 136-137, PLAT
RECORD OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT
THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON
FHE GROUNQ U ER MY DIRECT SUPERVISION.
L-44 -_/14
t312
M. STEPNE TR 'SpALE RATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETIC$, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK. TEXAS 78681
■ I N LA N Du
*` GEODETICS �' k
FROFESSIONAL IANO SURVEYORS
1504 CHGHOLM TRAR. RD. STE,103
ROUND ROCK, TX. 7W81
N1.6121 ZIO-13A FAR¢142H,1251
■ ueu■cncw�murn �eu�■e�sn ■
PROPOSED TRAIL PARCEL
1.699 ACRES
74,003 SQUARE FEET
REV: JULY 07,
PAGE 4 OF 4
2022105603 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022105603
Pages: 11 Fee: $62.00
09/09/2022 08:54 AM
MBARRICK
5V
Nancy E. Rister, County Clerk
Williamson County,Texas
f�
ROUND ROCK
TEXA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider execution of a Possession and Use Agreement with Circle 77, LLC and
Circle 77 W R, LLC for a 1.699 acre parcel to be used for the Heritage Trail East
facility project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/26/2022
Dept Director: Rick Atkins, Parks and Recreation Director
Cost:
Indexes:
Attachments: LAF - PUA w- Circle 77 - Heritage Trail East 1.699 ac fee area (DC 8.18.22), Circle
77 (6) - Possession an Use Agreement - landowner executed 8.17.22, CIRCLE(6)-
-easement location exhibit w- proposed fee area ID (DC 8.18.22)
Department: Parks & Recreation
Text of Legislative File CM-2022-201
This proposed acquisition began as a 0.650 acre trail easement, and there is a currently pending
condemnation suit for that property interest. The owners are now proposing a voluntary fee simple
donation of an expanded 1.699 acre parcel which includes the original easement area, plus the southern
remainder to Brushy Creek. This PUA allows the trail project to begin work, while allowing additional time
for negotiation of final trail design + construction element terms between owner and City in return for the
property donation.
City of Round Rock Page 1 of i