CM-2024-201 - 7/26/2024 Sheets & Crossfield, PLLC
ATTORNEYS AT LAW
309 East Main Street. Round Rock,TX 78664 5246
Phone 512-738-8725(D). fax 512-255-8986
adain a?scrrlaw.coin
June 27, 2024
Holly.skeen0managementtrust.com
Forest Ridge Property Owners Association
Round Rock,Texas
Re: City of Round Rock—Red Bud Lane Utility improvements
Parcel 28WE
Dear Ms. Skeen:
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 Forest Ridge Property Owners
Association, Inc. ("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:
1. in return for Owner's delivery to City of a fully executed and
acknowledged waterline easement ("Easement") in and to a 0.0482-acre tract of land
(Parcel 28E), 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$5,000 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.
M-2v2�,--Vl l
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 August 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,
!sl Adam Hill
Adam H. Hill
Sheets & Crossfield, PLLC
[signature pages follow]
AGREED:
- LVZ
FOREST RIDGE PROPERTY OWNERS ASSOCIATION, INC.
Date: Ire
ACCEPTED AND AGREED:
CITY OF ROUND ROCK,TEXAS
B &'dffet -, tet,wise--
Y:
'4,Laurie Hadley, City Manager
Date:
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 FOREST RIDGE PROPERTY OWNERS ASSOCIATION, INC., whose address is
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"Grantce"), 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 0.0482 acre (2100 square foot) tract of land situated in the Joseph Marshall
Survey, Abstract No. 409 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 28E).
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.
l
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 determine 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
outside of the Easement Area without the prior written consent of Grantor, and shall be
removed by Grantee;
2
(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
1202
3
GRANTOR:
FOREST RIDGE PROPERTY OWNERS ASSOCIATION, INC,
By: P6(�� —
Name: j�fr11vZ
Title: ✓F!��iy! 1�''
ACKNOWLEDGMENT
STATE OF )
COUNTY OF JTTti '► S )
This ins ent was acl owledged before me on this the day of 202
by �6'100 in the capacity and for the purposes a consideration
recited therein.
6-A 1 {Seal) .*� .. TASITHA FRANKS
S' azure of Notary iC " . =N°f°'YpubNc,State of Texas
�;'• }- Comm.Expires 02-02-2028
� Notary ID f 33588688
Print Name: i T
4
County: Williamson 11/29/2023
Parcel: Parcel 28-Easement Page 1 of 4
Highway: Red Bud lane
EXH1131T A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.0482 ACRE (2100 SQUARE FOOT) TRACT OF LAND, LOCATED
IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT CERTAIN LOT 27, BLOCK A, FOREST RIDGE
PHASE IV, A MAP OF WHICH IS RECORDED IN CABINET M, SLIDE 303, OF THE PLAT
RECORDS OF WILLIAMSON COUNTY,TEXAS, DESCRIBED IN A SPECIAL WARRANTY
DEED TO FOREST RIDGE PROPERTY OWNERS ASSOCIATION, INC. OF RECORD IN
DOCUMENT NO. 1998012503,OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.0482 ACRE (2100 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 "BAKER AICKLEN" found (Grid
Coordinates determined as N=10,158,635.00, E=3,152,963.65) in the west right-of way line of
Red Bud Lane (C.R. 122), a variable width right-of-way, a portion is dedicated in said FOREST
RIDGE PHASE IV, same line being the east boundary line of said Lot 27, for the north corner of a
called 0.028 acre tract of land described in a Special Warranty Deed to the City of Round Rock of
Record in Document No. 2004045683, of said Official Public Records, from which point, a 1/2
inch iron rod with cap stamped "BAKER AICKLEN" found in said common line of Red Bud Lane
and Lot 27, for the southwest corner of said 0.028 acre tract bears South 01°41'43" East, a
distance of 431.95 feet;
THENCE, North 02023'43" West,with said common line of Red Bud Lane and Lot 27, a distance of
170.58 feet, to a calculated point for the southeast corner and POINT OF BEGINNING of the
herein described tract (Grid Coordinates determined as N=10,158,805.41, E=3,152,956.53);
THENCE,over and across the interior of said Lot 27,the following three(3) courses and distances:
(1) South 87036'17" West, a distance of 15.00 feet, to a calculated point for the southwest
corner of the herein described tract;
(2) North 02023'43" West, a distance of 140.00 feet, to a calculated point for the northwest
corner of the herein described tract;
(3) North 87°36'17" East, a distance of 15.00 feet, to a calculated point in the
aforementioned common line of Red Bud Lane and Lot 27,for the northeast corner of the
herein described tract;
1504 Chisholm Trail Rd#103
Round Rock,TX 78681
TBPELS Firm No. 10059100 INLANDLE)TCS
s
512-238.1200 office
County: Williamson 11/29/2023
Parcel: Parcel 28-Easement Page 2 of 4
Highway: Red Bud Lane
(4) THENCE, South 02"23'43" East, with said common line of Red Bud Lane and Lot 27, a distance of
140.00 feet,to the POINT OF BEGINNING and containing 0.0482 acres (2100 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 OF
S�PEG1srFgF•
...... ANGEL ..... R
..........
Miguel A. Escobar, L.S.L.S., R.P.L.S. �,,� 5630 r:
Texas Reg. No. 5630 csS
1504 Chisholm Trail Rd #103
Round Rock, TX 78681
TBPELS Firm No. 10059100
Proj No. LJA-001
5:\UA\RED BUD-GATTIS-EVERGREEN\PARCELS\PARCEL 28-ESMT\UA 001-DESCRIPTION PARCEL 28-ESMT.docx
15M Ch'sholm Trail Rd#103
Round Rock,TX 78681
TBPELS Firm No. 10059100 INLANDxGEODETlC5
5,2-238-1200 office
EXHIBIT
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25 0
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SCALE
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ZrQ BLOCK A BLOCK A
m �0 4�• FOREST RIDGE
PHASE IV
CAB. M, SLIDE 303, PR
N OT
LOT LOT LOT LOT 18 15WIDE 17
26 21 20 19 WATER LINE EASEMENT
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BLOCK A 0.0482 AC
LOT
_ _ - - ._ 211 SQ Fr
LOT LL IIM-ASR
< 50 27 L5 wCKLEN --L6-- L�j 15'
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15'
W ^AI�E POC POB R BUD E 4~
CALLED 0.028 AC R.O.W. D DICAT
N
- - CITY OF ROUND ROCK CRID EU PER PLAT
DOC. NO. 2004045683, OPR—N_ioo5a,635.0o GRID=
E=3,152,963.85 N=10,158,805.41 (C,R. 122)
E-3,152,956.53 (VARIABLE WIDTH R.O.W.)
IL (CAB. M, SLIDE 303, PR)
vOSTENSIBLE SURVEY LINE (DOC. NO. 2004045683, OPR) OSTENSIBLE
ted'
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SKETCH TO ACCOMPi
LINEING DIsrANCE DESCRIPTION OF EASE
o L1 IS 8-r36'17- W 15.00 SHOWING PROPERTY OF
L2 IN 02'23'43" W 140.00' FOREST RIDGE PROPE
�4 s 8736'17"
2 2 4 E 15.00'o OWNERS ASSOCIATION,
L5 S 01'41 43 E 431.95 PROJECT: CORR RED BUD U
L6 N 02'23'43' W 170.58 WILLIAMSON COUNTY
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mill
EXHIBIT A
NOTES: IRON RO
1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE NAD83 (2011). ALL ® W/CAP
DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A
SURFACE-TO-GRID COMBINED ADJUSTMENT FACTOR OF 0.99988313. 8 MAC NAII
2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS
3 SKETCH. Q CALCULA
v
N 3. THE SUBJECT TRACT SHOWN HEREON IS AN EASEMENT, MONUMENTS WERE NOT SET FOR CORNERS.
R.O.W. RIGHT Of
°d
POB POINT 01
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sPOC POINT OI
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PLAT RE[
o PR WILLIAMS
in OPR OFFICIAL
w WILLIAMS
m
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w THIS IS TO CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND IN JUNE AND SEPTEMBER, CONCRE
2023, BY ME OR UNDER MY SUPERVISION, THAT THIS SURVEY PLAT REPRESENTS THE FACTS El
a FOUND AT THE TIM£ OF THE SURVEY.
�
INLAND GEODETICS
,�/ OF
� 11/29/2023 o
MTGUEL A. ESCOBAR, L.S.L.S.. R.P.L.S. •,�,•,•,•,,,...•,•;,,
TEXAS REG. NO. 5630 MIGUEL ANGEL ESCOBAR
..................V.
A 5630
� lgND S UR\A�O�
SKETCH TO ACCOMP)
m
DESCRIPTION OF EASE
o SHOWING PROPERTY OF
FOREST RIDGE PROPS
OWNERS ASSOCIATION,
`n PROJECT: CORR RED BUD Lf
WILLIAMSON COUNTY
m
MIN
PROPOSED CORR PRESSURE
ARIDUCING VALVES
PROPOSED CORR 16" WL
PROP 140' X15 • k
WATER EASEMENT
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PROPOSED CORR 24" WL' 1–fl
EXISTING 16" WATERLINE
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EXISTING R.O.W. -- _ — --
./. EXISTING DRAINAGE
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EXISTING BARB
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PROPOSED WATER EASEMENT PROPOSED CO
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JOHNSON, EDELGUNDE
EXISTING 6' FORCEMAIN
EXISTING 12 FORCEMAIN
EXISTING 8" REUSE WL
EXISTING R.O.W.—
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EXISTING 16" WL
a RED BUD LN
_---------
130 + 00
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