CM-2024-151 - 5/24/2024Sheets & Crossfield, PLLC
ATTORNEYS AT LAW
309 East Main Street . Round Rock. TX 78664-3246
Phone 512 738 8725 (D) . fax 512-255-8986
don@scrrlaw.com
May 15, 2024
ted(a@heillawfirm.com
Edelgunde Johnson
c/o Ted Hejl
311 Talbot Street P.O. Box 192
Taylor, TX 76574
Re: City of Round Rock —Red Bud Lane Utility Improvements
Parcel 27 WE
Dear Ted:
Please allow this letter to set out my understanding regarding our Agreement for
the acquisition of a permanent waterline easement by the City of Round Rock, Texas
("City") in and across portions of the property owned by Edelgunde Johnson,
Individually and as Independent Executrix of the Estate of Travis D. Johnson, Deceased
("Owner") as part of the City's proposed Red Bud South roadway and utility system
upgrade and extension improvements ("Project").
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 waterline easement ("Easement") in and to a 0.3361-acre tract of land
(Parcel 27E), free and clear of any monetary liens and such rights to be granted in the
form as set out in Exhibit "A" attached hereto and incorporated herein, City shall pay
Owner the total sum of $38,000 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 ("Title Company") within thirty (30) days after full execution of
this Agreement, or at another 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. The 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.
CAZoe—ls/
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 July 1, 2024, 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 this
Agreement to expeditiously complete the Closing of the purchase transaction.
3. This Agreement is being made, and the Easement is being delivered, in
lieu of condemnation.
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 and Closing 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,
Don Childs
Sheets & Crossfield, PLLC
`signature pages follow]
AGREED:
&14uotaz 114*400�
Edelg de Johns , Individually and as Independent Executrix
of the Estate of Travis D. Johnson, Deceased
Date: '-+ %17
ACCEPTED AND AGREED:
CITY OF ROUND ROCK, TEXAS
,.77
tom, City Mana er
--SA-sa� \ocs'.' ,
Date:.. 52 �Z
EXHIBIT "A" TO LETTER AGREEMENT
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.
WATERLINE EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That EDELGUNDE JOHNSON, INDIVIDUALLY AND AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF TRAVIS D. JOHNSON, DECEASED, whose address is 403
Dove Creek Drive, Round Rock, Texas 78664, and its successors and assigns (hereinafter collectively
referred to as "Grantor"), for and in 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 Texas
municipal corporation, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main
Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does
hereby GRANT, SELL and CONVEY unto Grantee a perpetual Waterline Easement ("Waterline
Easement") and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge,
relocate, rebuild, repair, and remove a water transmission and/or distribution or service delivery system
and lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and
other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over,
under, above and across the following described property of Grantor (collectively the "Easement Area"),
to -wit:
Being a 0.3361 acre (15,641 square foot) tract of land situated in the Robert McNutt
Survey, Abstract No. 422 in Williamson County, Texas; said tract being more
particularly described by field notes and sketch in the attached Exhibit "A,"
incorporated herein by reference for all purposes (Parcel 27E).
This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to
the hereinabove described property, 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 Waterline Easement, rights and privileges herein granted shall be
perpetual; provided, however, that said Waterline Easement, rights and privileges shall cease and revert to
Grantor in the event the said lines are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
Upon completion of the construction and installation of the line and facilities in the tract
identified in the attached Exhibit "A," Grantee shall, as reasonably possible, restore the surface of the
Waterline Easement, including fencing boundary fencing or gates, as closely as possible to the condition
in which it was found before any such work was undertaken, considering the uses to which the Easement
Area is used as authorized herein.
Grantor covenants that it will not convey any other future easement or conflicting rights within
the Easement Area covered by this grant without the express written consent of Grantee, which consent
shall not be unreasonably withheld, conditioned or delayed. Grantee shall have the right to review any
proposed easement or conflicting use of the easement to detennine the effect, if any, on the waterline
lines contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the waterline lines. 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 3400 Sunrise Road, Round Rock, Texas
78665.
Grantor further grants to Grantee:
(a) the right of ingress to and egress from the Easement Area over and across Grantor's
property by means of roads and lanes thereon, if such exist, otherwise by such route(s) as
shall occasion the least practicable damage and inconvenience to Grantor; provided that
such ingress and egress right shall not extend to any portion of Grantor's property
isolated from the Easement Area by any public highway or road now or hereafter
crossing the property; the foregoing right of ingress and egress includes the right of
Grantee to disassemble, remove, take down, and clear away any barricade or other
structure which obstructs, prevents, or hinders Grantee's ingress to and egress from
Grantor's property, and should Grantee deem it necessary to so disassemble, remove,
take down, or clear away any such barricade or other structure, Grantee shall, as soon as
is reasonably feasible and at its sole cost and expense, replace or restore Grantor's
property to as similar a condition as is reasonably practicable as existed immediately
prior to Grantee's actions pursuant to this provision, unless said barricade or other
structure is inconsistent with rights conveyed to Grantee herein;
(b) the right of construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress;
(c) the right to mark the location of the Easement Area by suitable markers; provided that
such markers shall be placed in locations which will not interfere with any reasonable use
Grantor shall make of the Easement Area;
(d) the right to grade the Easement Area for the full width thereof and to extend the cuts and
fills for such grading into and on the land in the Easement Area to such extent as Grantee
may find reasonably necessary;
(e) 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 Area and to trim and to cut down and clear away
any trees on either side of the easement which now or hereafter in the reasonable opinion
of Grantee may be a hazard to the waterline lines, valves, appliances, fittings, or other
improvements 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, Grantee shall not trim and/or cut down and clear away any trees and/or brush
2
outside of the Easement Area without the prior written consent of Grantor, and shall be
removed by Grantee;
(f) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the Easement Area; and
(g) the right to support the waterline lines across ravines and watercourses with such
structures as Grantee shall deem necessary.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement Area; and
(b) 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.
Notwithstanding anything in this instrument to the contrary, Grantor also retains, reserves, and
shall continue to enjoy the surface of such Easement Area for any and all purposes which do not interfere
with and prevent the use by Grantee of the Easement Area, including the right to build and use the surface
of the Easement Area for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas
and other like uses; provided Grantor shall not erect or construct on the Easement Area any building or
other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit
or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the pipelines. 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 easement. Provided however, before constructing
any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the Easement Area, and
Grantor must first obtain the consent and approval from Grantee of the construction and location of any
improvements within the Easement Area, which consent and approval shall not be unreasonably withheld,
conditioned or delayed.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
Grantor hereby dedicates the Waterline Easement as a public utility Waterline 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 Waterline 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of
, 2024.
3
GRANTOR:
Edelgunde Johnson, Individually and as Independent Executrix of
the Estate of Travis D. Johnson, Deceased
ACKNOWLEDGMENT
STATE OF
COUNTY OF
M
This instrument was acknowledged before me on _ 2024 by
Edelgunde Johnson, in the capacity and for the purposes and consideration recited therein.
Signature of Notary Public
Print Name:
(Seal)
4
County:
Williamson
Parcel:
Parcel27-Easement
Highway:
Red Bed Lane
EXHIBIT
PROPERTY DESCRIPTION
11/29/2023
Page 1 of 4
DESCRIPTION OF A 0.3361 ACRE (14,641 SQUARE FOOT) TRACT OF LAND, LOCATED IN THE
ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN CALLED 31.172 ACRE TRACT OF LAND DESCRIBED IN A
WARRANTY DEED TO TRAVIS D. JOHNSON AND EDELGUNDE JOHNSON OF RECORD IN
VOLUME 663, PAGE 164, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.3361 ACRE (14,641 SQUARE FOOT) TRACT OF LAND BEING SURVEYED ON THE GROUND
IN JUNE AND SEPTEMBER, 2023, UNDER THE DIRECT SUPERVISION OF MIGUEL A.
ESCOBAR, LSLS, RPLS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a 1/2-inch iron rod with cap stamped "INLAND CA LLC" found (Grid Coordinates
determined as N=10,166,686.76, E=3,152,755.23) in the south right-of-way line of County Road 123, a
variable width right-of-way, no dedication found to date, same being the north boundary line of said
31.172 acre tract of land, at its intersection with the east right-of-way line of Red Bud Lane (C.R. 122), a
variable width right-of-way, dedicated as that certain called 0.660 acre tract of land in a Special Warranty
Deed to the City of Round Rock of Record in Document No. 2005064948, of the Official Public Records of
Williamson County, Texas, and for the northeast corner of said 0.660 acre tract;
THENCE, South 44034'19" West, with the northwest boundary line of said 31.172 acre tract, same line
being a southeast line of said 0.660 acre right-of-way, a distance of 43.50 feet, to a calculated point tract
(Grid Coordinates determined as N=10,166,655.78, E=3,152,724.71) for the northerly northeast corner
and POINT OF BEGINNING of the herein described;
THENCE, over and across the interior of said 31.172 acre tract of land, the following four (4) courses and
distances:
(1) South 45°25'41" East, a distance of 8.88 feet, to a calculated point at the beginning of a non
tangent curve to the right, for the easterly northeast corner of the herein described tract,;
(2) With said curve to the right, having a delta angle of 04'16'36", a radius of 4570.00 feet, an arc
length of 341.12 feet, and a chord which bears South 04°43'05" East, for a chord distance of
341.04 feet, to a calculated point for an east corner of the herein described tract;
(3) South 02°34'47" East, a distance of 380.00 feet, to a calculated point for the southeast corner of
the herein described tract;
(4) South 42°25'13" West, a distance of 28.28 feet, to a calculated point in the east right-of-way line
of said Red Bud Lane, same line being the west boundary line of said 31.172 acre tract, for the
southwest corner of the herein described tract;
1504 Chisholm Trail Rd N101
Round Rock, TX 78681
TBPELS Firm No. 10059100 iNLAND GEODETI[S
512-238-1200 office ` � -"
County: Williamson
Parcel: Parcel27-Easement
Highway: Red Bed Lane
11/29/2023
Page 2 of 4
THENCE, with said common line of Red Bud Lane and the 31.172 acre tract, the following three (3) courses
and distances:
(5) North 02°34'47" West, a distance of 400.00 feet, to a 1/2-inch iron rod with cap stamped "INLAND
CA LLC" found , at the beginning of a tangent curve to the left, for the west corner of the herein
described tract;
(6) With said curve to the left, having a delta angle of 04°13'08", a radius of 4550.00 feet, an arc
length of 335.04 feet, and a chord which bears North 04°41'21" West, for a chord distance of
334.96 feet, to a 1/2-inch iron rod with cap stamped "INLAND CA LLC"found, for the northwest
corner of the herein described tract;
(7) North 44"34'19" East, a distance of 18.50 feet, to the POINT OF BEGINNING and containing
0.3361 acres (14,641 Sq Ft) 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 Surface -to -Grid Combined Adjustment Factor
of 0.99988313.
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 June
and September, 2023, under my direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas on this 29th of November, 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
�•
M GUELANGELESCOBAR
.....................
5630 _ I
Round Rock, TX 78681
TBPELS Firm No. 10059100
Proj No. UA-001
S:\UA\RED BUD-GATFIS-EVERGREEN\PARCELS\PARCEL 27 ESMT,,UA W1 ESMT PARCEL 27.docx
1504 Chisholm Trail Rd X103 n
Round Rock. Tx 78681 I
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