Loading...
CM-2023-276 - 11/17/2023Sheets & Crossfield, PLLC ATTORNEYS AT LAW 309 East Main Street . Round Rock, TX 78664-5246 Phone 512-738-8725 (D) . fax 512-255-8986 doff -• rrrbw.com October 16, 2023 Quadra Properties, LLC Attn: Daniel Peterson 1106 Savoy Street San Diego, CA 92107 Re: 1001 Sam Bass Road Drainage Easement Dear Mr. Peterson: Please allow this letter to set out my understanding regarding our Agreement for the acquisition of a permanent drainage easement by the City of Round Rock, Texas (the "City") in and across portions of the property owned by Quadra Properties, LLC ("Owner"). By execution of this letter the parties agree as follows: I. In return for Owner's delivery to City of a fully executed and acknowledged Drainage Easement ("Easement") in and to a 0.041 acre of land, such rights to be granted in the form as set out in Exhibit "A" attached hereto and incorporated herein, free and clear of any monetary liens and encumbrances, City shall pay Owner the sum of $15,000.00 in cash or other readily available funds ("Purchase Price"). 2. Completion of this transaction shall take place at a date and time and place agreed to between the parties. If this meets with your understanding, please execute this letter where indicated and return it to me, and we will have this approved and signed by the City and process this for payment as quickly as possible. Please feel free to contact me at any time if you have any questions or concerns about these issues. Very truly yours, Tyler Stevens Sheets & Crossfield, PLLC [signature pages follow] AGREED: QUADRA PROPERTIES, LLC a Delaware limli 01lity comps By: x — Name: A wr el 4:�-. G Title: ACCEPTED AND AGREED: ROUND ROCK TEXAS Ci` Manager`` Date: _r EXHIBIT "A" FORM OF EASEMENT FOLLOWS 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 FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That QUADRA PROPERTIES, LLC, a Delaware limited liability company, whose address is 1106 Savoy Street, San Diego, California 92107, and its successors and assigns (hereinafter referred to as "Grantor"), for and in consideration of the sum of Ten and No/l00 ($10.00) Dollars cash in hand paid and other good and valuable consideration paid to Grantor by CITY OF ROUND ROCK, TEXAS, its agents and assigns (hereinafter referred to as "Grantee"), receipt of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these premises does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement interest in, on, over, upon, above and across the following property (the "Easement Area"), to wit: Being a 0.041 acre (1,802 square feet) tract of land, located in the Jacob M. Harrell Survey, Abstract No. 284, Williamson County, Texas, being a portion of Lot 6, Block "B" of One Sam Bass, recorded in Cabinet E, Slide 236 of the Plat Records of Williamson County, Texas, and being the same tract of land described in a general warranty deed to Quadra Properties, LLC, recorded in Document No. 2012041534, of the Official Public Records of Williamson County, Texas (O.P.R. W.C.T.); said 0.041 acre tract being more particularly described by metes and bounds and by sketch as set forth in Exhibit "A," attached hereto and incorporated herein by reference for all purposes. The perpetual easement, rights and privileges herein granted shall be used for the purposes of opening, constructing and maintaining a permanent drainage way and/or channel, along with any structures, pipes and grading which may be necessary to facilitate the proper drainage of the adjacent property and roadway facilities, in, along, upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which Grantee deems necessary. The perpetual easement, right-of-way, rights and privileges herein granted shall also encompass the right of Grantee to trim, cut, fell and remove therefrom all trees, underbrush, vegetation, and obstructions, structures or obstacles within the limits of the Property, but only such as necessary to carry out the purposes of the easement; reserving to the landowners and their heirs and assigns, however, all such rights and privileges as may be used without interfering with or abridging the rights and purposes of the Easement herein acquired by Grantee. 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 in the course of their employment. Grantee shall be responsible for the correction of, or compensation for, any damage to Grantor's property which is the result of actions outside the granted purposes of this easement. TO HAVE AND TO HOLD the same, in perpetuity, in and to Grantee, and its successors and assigns, together with all and singular all usual and customary rights thereto in anywise belonging, and together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing or maintaining said drainage way and for making connections therewith. And Grantor does hereby bind his heirs, executors, administrators and assigns to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This grant is subject to any 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. The perpetual easement, right-of-way, rights and privileges granted herein are non-exclusive, however Grantor covenants not to convey any other easement or conflicting rights within the premises covered by this grant that interfere with the purpose or function of any improvements or modifications placed thereon, or the maintenance of the surface of the Property for the conveyance of stotmwater drainage, without the express written consent of Grantee, which consent shall not be unreasonably withheld. EXECUTED on this the ZD day ofg'xvk1z , 2023. [signatiore page follons] GRANTOR: QUADRA PROPERTIES, LLC "Do li cd } ility comp By. Name: 1 C 44ere/7 Title: jff Af-OW Jeff ACKNOWLEDGMENT THE STATE OF taS COUNTY OF _ 'rr&VIC This instrumont was ackn I!Wied be We on this the ZO day of the n ont of 2023, UADRA PROPERTIES, LLC, Delaware limited liability company, known by Moto be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the sunio as the act and deed of and on behalf of said entity and in die capacity and for the purposes and consideration thamin expressed. Sign Orc ,V lOt/1 Uh130-1 Printed Name After executing, please return to: PIanning and Development Services 301 West Bagdad Avenue, Suite 210 Round hock, TX 78664 Notary Public, State of 5w Is, rAN CRI; WISON NOTARY PURUC STATEOFTEW MY COMK rup Comm NOTARY tU i348B99 6 JOINDER AND CONSENT OF LIENHOLDER TO WATER LINE EASEMENT ROUND TOP STATE BANK, as Beneficiary under a Deed of Trust with Security Agreement, and UCC Financing Statement, executed by QUADRA PROPERTIES, LLC, a Delaware limited liability company, recorded in Document Nos. 2021192530 and 2021192531 of the Official Records of Williamson County, Texas (collectively referred to as the "Grantor Security Documents") that creates liens, security interests and other rights and powers that encumber all or parts of the property described in Exhibit "A" ("Grantor Liens"), executes this easement document ("Easement') for the limited purpose of (i) consenting to the terms and conditions of the foregoing Easement and (ii) agreeing that the Grantor Security Documents and the Grantor Liens are and shall be subordinate and inferior to all of the casements, restrictions, terms and provisions of the Easement, so that no enforcement of the terms of the Grantor Security Documents shall amend, impair or otherwise affect the easements, restrictions, terms or provisions of said Easement. ROUND TOP STATE BANK N tc: �O k W iyt L Title: P44.14pa ACKNOWLEDGEMENT THE STATE OF —Ti5 COUNW OF QS A-1 M h 5 ()n This instrument was acknowledged before me on this day of 2023, by e Mk `-CS L X-- (Name), the itle) of ROUND TOP STATE BANK, known to me to be the person whose name is subscribed to the preceding instrument, and acknowledged to me that he/she executed the same for the purposes and consideration recited herein. JULIA KLOTZ Notary Puand for the State Notary Public. Stela of Texa `f MY C.Ommission E:pues August 23.2024 NOTARY ID 120OM7-1 Page 1 of 4 Proj. No. CORR-004 June 29, 2023 DESCRIPTION Exhibit "A " 0.041 Acres (1,802 Square Feet) Jacob M. Harrell Survey, Abstract No. 284 Williamson County, Texas DESCRIPTION OF A 0.041 ACRE (1,802 SQUARE FOOT) TRACT OF LAND, LOCATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 6, BLOCK "B", OF ONE SAM BASS, RECORDED IN CABINET E, SLIDE 236, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO QUADRA PROPERTIES, LLC RECORDED IN DOCUMENT NO. 2012041S34, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.041 ACRE (1,802 SQUARE FOOT) TRACT OF LAND BEING SURVEYED ON THE GROUND IN MARCH, 2022, THROUGH SEPTEMBER, 2022, UNDER THE DIRECT SUPERVISION OF M. STEPHEN TRUESDALE, LSLS, RPLS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found being on the existing easterly ROW line of Sam Bass Circle (50' ROW width), as dedicated in said Cabinet E, Slide 236, for the western most northwest corner of said Lot 6, from which point a 1/2 inch iron rod found on said existing easterly ROW line of Sam Bass Circle, for the southwest corner of said Lot 6 bears S 03°10'31" E, with said existing easterly ROW line of Sam Bass Circle, same line being the westerly boundary line of said Lot 6, a distance of 130.00 feet; THENCE, with the existing ROW line of Sam Bass Circle, along a curve to the right, having a delta angle of 90°00'00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord which bears N 41°49'29" E for a distance of 28.28 feet, to a calculated point on the existing southerly ROW line of Sam Bass Road (right- of-way varies), a portion of which is dedicated in said Cabinet E, Slide 236, for the northern most northwest corner of said Lot 6; THENCE, N 86"49'29" E, with said southerly ROW line Sam Bass Road, same line being the northerly boundary line of said Lot 6, for a distance of 98.66 feet, to a point for the northwest corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, N 86°49'29" E, continuing with said existing southerly ROW line of said Sam Bass Road, same line being the northerly boundary line of said Lot 6, for a distance of 17.96 feet to a calculated point, at its intersection with the northwesterly corner of that called 15 foot Public Utility Easement recorded in Volume 554, Page 400, of the Deed Records of Williamson County, Texas, for the northeasterly corner of the herein described parcel; 2) THENCE, S 36°33'31" E, departing the existing southerly ROW line of said Sam Bass Road, with the existing westerly boundary line of said 15 foot Public Utility Easement, through the interior of said Lot 6, for a distance of 105.07 feet to a calculated point, at its intersection with the existing westerly ROW line of Wonder Drive (ROW width unknown), no dedication found to date, same line being the easterly boundary line of said Lot 6, said point being the southerly corner of said existing 15 foot Public Utility Easement, for the southeasterly corner of the herein described parcel; 1504 Chisholm Trail Rd #103 Round Rock, Tx 78681 TBPELS firm No. 10059100 INLAND GEODETI[S 512-238-1200 office iT v� Page 2 of 4 Exhibit"A " Proj. No. CORR 004 0.041 Acres (1,802 Square Feet) June 29, 2023 Jacob M. Harrell Survey, Abstract No. 284 Williamson County, Texas 3) THENCE, S 00000'29" W, with the existing westerly ROW line of said Wonder Drive, same line being the easterly boundary line of said Lot 6, for a distance of 25.18 feet to a calculated point, for the southerly corner of the herein described parcel; 4) THENCE, N 36°33'31" W, departing the existing westerly ROW line of said Wonder Drive, through the interior of said Lot 6, for a distance of 1.35.17 feet to the POINT OF BEGINNING and containing 0.041 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone, (NAD 83(2011)). All distances are surface values represented in US Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 0.99988682. The subject tract shown hereon is an easement, monuments were not set for corners. The foregoing metes and bounds description, and survey on which it was based, is accompanied by and a part of a survey map of the subject tract. THE STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENT COUNTY OF WILLIAMSON That I, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the above description and the accompanying sketch is true and correct to the best of my knowledge and belief and the property described herein was determined by a survey made on the ground during the months of March 2022 through September 2022, under the supervision of M. Stephen Truesdale, LSLS, RPLS. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas on this 29th of June, 2023, A.D. INLAND GEODETICS Miguel A. Escobar, L.S.L.S., R.P.L.S. Texas Reg. No. 5630 1504 Chisholm Trail Rd #103 Round Rock, TX 78681 TBPELS Firm No. 10059100 CORR-004 1-0 N-)' ..................... MIGUEL ANGEL ESCOBAR ..................V. �•. a� 5630 l9y0 SUR����4 P:\ProJects\City of Round Rock (CoRR)\CoRR-004- Meadow DrIve\5-Descriptions-Reports\CORK-004-MEADOW-EASEMENT.docx 1504 Chisholm Trall Rd #103 Round Rock, Tx 78681 TBPELS Firm No. 10059100 INLAND GEODETI[5 512.238.1200 office � Y PLAT TO ACCOMPANY DESCRIPTION NO. DIRECTION DISTANCE L1 N86'49'29"E 98.66' L2 N86'49'29"E 17.96' L3 S3633'31 "E 105.07' L4 SOO'00'29"W' 25.18' LS I N36'33'31 "W 135.17' L6 N88'41 DO'E 134.59' L7 S34'42'00"E 74.96' L8 SO1'52'00'V 87.54 L9 S03'10'31 E 130.00' L9 NO1'19'00"W 130.00' �. ,p „.0 ....,.... SAM BASS RD. (R.O.w. WIDTH VARIES) (NO DEDICATION FOUND TO 50 0 50 100 SCALE 1 " = 100' P.O.B. GRID COORDINATES N:10,161,627.16 E:3,127,946.13 \ \ 15' P.U.E. V01.. 554. P.400 �° QUADRA `A , , POPP.O.0 � DOC R NO. R20120415 4�✓ . v o-6 O L) 9E . LOT 6 l LOT 6 z 0.041 AC. 1i (06 1.802 SQ. FT. <FI s l P + o � � P ELOT 5 O�OG PA P..A . ONE SAM BASS r0 CAB. E, SL. 236 F P.R.W.C.T. 19 4 1 yyz I � f1 4` f �i lI lit ' 1' 1 r A C� NUMBER RADIUS DELTA LENGTH CHORD BEARING CHORD Ci 20.00' 90'00'00" 31.42' N41'49'29"E 28.28' (Cl)20.00' 9900.00" 31.41' N43'41'00"W 28.28' PROJECT NO.: CORR--004 06-26-2023 FLIlk, PARCEL PLAT SHOWIN43 PROPERTY OF QUADRA PROPERTIES, LLC PARCEL 1E �' urveyore 0.041 AD. 1.802 SQ, FT. SCALE PROJECT 1" - 100' WILLIAMSON vOUNTY MEADOWS DR. 0 PAGE 3 OF 4 P\Projects\C�1j o1 Found Roc, (C04N)\CORN-00+ - lrtado. D11.1\4 -D.a.nqs\�'Eappw$-kOer-PNOPOSCD-E$1+f.d.q EXHIBIT PLAT TO ACCOMPANY DESCRIPTION LEGEND 1/2" IRON ROD FOUND CALCULATED POINT I� PROPERTY LINE P.U.E. PUBLIC UTILITY EASEMENT P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R.O.W. RIGHT OF WAY ( ) RECORD INFORMATION 4— BREAKLINE NOTES: I. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NA0-63 12010). COORDINATES SHOWN HEREON ARE GRID VALUES REPRESENTED IN U.S. SURVEY FEET. ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A SURFACE -TO -GRID COMBINED ADJUSTMENT FACTOR OF 0,99988602. Z. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. 3. THE SUBJECT TRACT SHOWN HEREON IS AN EASEMENT, MONUMENTS WERE NOT SET FOR CORNERS. I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER THE SUPERVISION OF M. STEPHEN TRUESDALE. RPLS, LSLS, DURING THE MONTHS OF MARCH 2O22 THROUGH SEPTEMBER 2022, 06/29/2023 MIGUEL A. ESCOBAR DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5630 LICENSED STATE LAND SURVEYOR INLAND GEODETICS FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD SUITE 103 r— RF y ?:' � MIGUELANGELESCOBAR ..................... 5630 ROUND ROCK. TEXAS 78681 PROJECT NO- CORR-004 OG-26-2023 PARCEL PLAT SHOWING PROPERTY OF INLAND GWDErlcs QUADRA PROPERTIES, LLC PARCEL 1E LAOd SUFV*yOft 0.041 AC. 1.802 9Q. FT. SCALE PROJECT 1' = to WILLIAMSON COUNTY MEADOWS DR. PAGE 4 OF 4 P \P.ojecls\Cie, of Round Rod (CoRR)\CuRR-DD4 - "eaJ04 Do-%4 D.on-ngs\f.�EADCV',S-ROY7-PROPOSED ESE❑ J.q 3 � � � & . � � . A `- � 0 m ■w ME 40M @■ m