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CM-2023-135 - 6/16/2023Sheets & Crossfield, PLLC ATTORNEYS AT LAW 309 Cast Main Street . Round Rock, TX 78664.5246 Phone 512-255-8877 . fax 512-255-8986 adam c(@scrrlaw,com May 23, 2023 Via CMRRR Via email to (a,hoafc23Q)gmai1.com Via email to sa_rahandcristhompson( )a,>imail.com Forest Creek Section 23 HOA Attention: Sara Curie] -Thompson, President and Deborah Heard, Treasurer P.O. Box 6131 Round Rock, Texas 78683-6131 Rfv: City of Round Rock, Texas — Red Bud Lane Project Right -of -Way Acquisition Property ID: R393319; Parcel No. 24 Dear Forest Creek Section 23 HOA: Please allow this letter to set out my understanding regarding our agreement for the acquisition of a fee simple interest to the property to be used for right-of-way purposes ("ROW Deed") across a portion of your ("Owner") property identified above as part of the City of Round Rock's ("City") proposed roadway and utility upgrade and extensions. The parties hereby agree as follows: 1. In return for Owner's delivery Owner of a fully executed and duly acknowledged ROW Deed in the form as set out in Exhibit "A" attached hereto and incorporated herein, City shall pay the amount of $1,000 in cash or other good funds ("Purchase Price"), 2. If requested by City, the Closing and completion of this transaction shall take place at Rise Title Company ("Title Company") within thirty (30) days after full execution of this Agreement, or at other date and time agreed to between the parties. Upon request, Owner shall provide reasonable assistance, at no cost to Owner, to cause the Title Company to issue a policy of title insurance, with standard printed exceptions, to City in completion of this transaction. City shall be responsible for all fees and costs associated with this transaction, except that each party shall be responsible for any attorney's fees they incur. Owner shall assist City and Title Company with any curative measures or mortgage lien joinder, consent or subordination required as a condition of the Closing. Upon completion of (1) the full execution of this Agreement by all parties, and (2) acknowledgment by the Title Company of delivery by City of the full Purchase Price to the Title Company, Purchaser, its agents and contractors shall be permitted at any time after June 30, 2023, to enter and possess the Property prior to Closing for the purpose of completing any and all necessary construction activities associated with the proposed wastewater facility improvement construction project of City. To the extent allowed by law City, its agents and contractors agree to release, indemnify, and otherwise hold Owner harmless from any damages or other losses to Owner or any third party resulting from any acts or omissions performed under the limited right of possession herein. The parties further agree to continue to use diligence in assisting with any title curative or lienholder consent measures required by the Contract to expeditiously complete the Closing of the purchase transaction. This Agreement is being made, and the Easement is being delivered, in lieu of condemnation. If this meets with your understanding of our agreement then please execute the document where indicated below and return it to me for approval and execution by the City. Thank you for your assistance with this matter. Very Truly Yours, Adam H. Hill Sheets & Crossfield, P.C. AGREED: FOREST CREEK SECTION 23 HOA By: Its: H E)^ Date: CITY OF ROUND ROCK, TEXAS By:.. _ Ma ager Date- Parcel 24 EXHIBIT A DEED Red Bud Lane (South) Right of Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That FOREST CREEK SECTION 23 HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows (the "Property"): All of that certain 0.066 acre (2,879 sq ft) tract of land out of and situated in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas; said tract being more fully described in Exhibit "A" attached hereto and incorporated herein (Parcel 24). SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title to the following improvements located on the Property to wit: NONE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Visible and apparent easements not appearing of record; Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Williamson County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of Red Bud Lane. TO HAVE AND TO HOLD the Property herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto City of Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of 2023. [signature page follows] 2. FOREST CREEK SECTION 23 HOMEOWNERS ASSOCIATION, INC., a Texas non-profit organization: By: _. _..... Its: Date: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF . § This instrument was acknowledged before me on this the day of , 2023 by in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas PREPARED IN THE OFFICE OF: 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: 1 County: Williamson Parcel : 24 Project. Red Bud Lane EXHIBIT PROPERTY DESCRIPTION FOR PARCEL 24 08-15-2022 Page 1 or 3 DESCRIPTION OF A 0-066 ACRE (2,879 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, 1N WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 28 OF THE FOREST CREEK SECTION 23 SUBDIVISION RECORDED IN CABINET R, SLIDES 361-362 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS, AND IN A DEED TO FOREST CREEK SEC 23A HOA RECORDED IN DOCUMENT NO. X OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS (O.P.R,W.C.T.), SAID 0.066 ACRE (2,879 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at the calculated northwesterly corner of sa:d Lot 28, being a southerly corner In Lot 17 of said subdivision, same being an angle point in the westerly line of the City of Round Rock tract (golf course), and from which a 1/2" iron rod found, bears N 65"00'15' E, for a distance of 0.45 feet; THENCE Wth the common boundary line of said Lot 28, and said Lot 17, N 44'29'55" W, for a distance of 67.73 feet to an Iron rod with aluminum cap stamped "CORR ROW 4933" set 42.50 feet right of Red Bud Lane Baseline Station 77+49.10 (Grid Coordinates determined as N=10,161,319.03, E=3,152,691.51 (TxSPC Zone 4203), in the curv_ng proposed easterly Right -of -Way (ROW) line of Red Bud Lane (ROW width varies), for the northeasterly comer and POINT OF BEGINNING of the herein described parcel; 1) THENCE, departing said Lot 17. through the interior of said Lot 28, w;th sa-d proposed ROW line, with a curve to the right having a radius of 4,042.50 feet. a delta angle of 01°23'22", an arc length of 98.04 feet, and a chord which bears S 0014'00" W, a distance of 98.04 feet to an Iron rod with aluminum cap stamped "CORR ROW 4933' set 42.46 feet rigl.t of Red Bud Lane Baseline Station 76+51.83, in the existing easterly ROW line of Red Bud Lane (ROW width varies), being the westerly line of said Lot 28, for the most southerly corner of the herein described parcel; 2) THENCE, departing said proposed easterly ROW line, with said existing ROW line, same being the westerly line of said Lot 28, N 02°28'35" W for a distance of 103.07 feet. to a calculated angle point in the westerly line of said Lot 17, for the northerly corner of sald Lot 28 and of the herel-i described parcel; 3) THENCE, departing said existing easterly ROW line, with the common line of said Lot 17 and said Lot 28, S 44°29'55" E, for a distance of 6.92 feet to the POINT OF BEGINNING, containing 0.066 acre (2,879 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 That I, M. Stephen Truesdale, 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 descr.bed herein was determined by a survey made on the ground under my direct supervision, WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas- -hall not be M. Stephen Truesdale Q I Registered Professiona' Land Surveyor No. 4933 This do for any pu Licensed State Land Surveyor rec Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 SAI-JAIRED BUD-GATTIS-EVERGREENIPARCELSIPARCEL 24-FOREST CRt=EK%PARCEL 24-FOREST CREEK.doc L n z m I � rn ffA11 Pig.-9am Z 0 I v o��> 03r n A . p _._ ,� _ L p r.rrrr- rrz l 7V( Z R Y Z W T {I � ` UI (11 .� W W N O I i ��1 P'" d r vi () �//�� p N �• A V. O N N n 1 M 7�-� co 01 A 01� -t�ri p . N M w ' Na OulC> mul CnLn 'I � {n rri m .. rri M Z o (A W m r °°� N(J'rz c .� -1 Q � (A I*1 pa �o M m 0 v m 2 G P m �9 F4 0 m 1-1 0 N N r ! - I EXISTING R.O.W. C • °' RED BUD LANE '( (A. K.A. COUNTY ROAD 122) C :A (R.O.H. WIDTH VARIES) OSTENSIBLE. 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Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/16/2023 Dept Director: Gary Hudder, Transportation Director Cost: $1,000.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF - Real Estate Contract w. Forest Creek Sec 23 HOA -- RBS Parcel 24 (0.066 ac), FCHOA(24)--Red Bud S r.o.w. purchase letter agreement (signed by owner), FCSEC23HOA(24)--property location exhibits (DC 6.12.23) Department: Transportation Text of Legislative File CM-2023-135 The proposed purchase price of $1K was reviewed with and recommended by the Transportation Director. cost: $1,000.00 Source of Funds: Round Rock Transportation and Economic Development Corporation (Type B) City of Round Rock Page 1 of 1