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CM-2024-310 - 11/22/2024City of Round Rock 221 East Main Street Round Rock, Texas 78664 ROUN13 ROCK Certified Copy TEXAS City Manager Item: CM-2024-310 File Number: CM-2024-310 Consider execution of IRS Form 8283 to acknowledge receipt of the 1.699 acre parcel donated by Circle 77, LLC and Circle 77 WR, LLC to the City for the Heritage Trail East project. A real estate donation agreement was previously approved and executed by the City Manager for receipt of 1.699 acre to be used for the Heritage Trail East project. The owner/donor is asking the City to execute an IRS form acknowledgment of the donation for tax filing purposes. Attest: Date Certified City ofRound Rock Pegg f Printed on 1112612024 $2S3 Noneash Charitable Contributions Form Attach one or more Forma 8283 to your tax return If you claimed a total deduction (Rev. December 2023) of over $500 for all contributed property. Department of the Treasury Internal Ravenna ServiceGo to www.frs,gov/F0rm8283 for Instructions and the latest Information. Name(s) shown on your Incoms tax return OMB No. 1545.0074 Attachment Sequence No.155 Identifying number Enter the entity name and Identifying number from the tax return where the noncash charitable contribution was originally reported, if different from above. Name: Identifying number: Check this box If a family pass -through entity made the noncash charitable contribution. See Instructions ❑ Note: Figure the amount of your contribution deduction before completing this form. See your tax return instructions. Section A. Donated Property of $5,000 or Less and Publicly Traded Securities —List In this section only an item (or a group of similar items) for which you claimed a deduction of $5,000 or less. Also list publicly traded securities and certain other property even If the deduction Is more than $5,000. If you need more space, attach a statement. See instructions. j (a) Name and address of the donee organization (b) It donated property Is a vehicle (see Inslruc(lons), check the box. Also enter the vehicle Identification number (unless Form 1088-C Is attached). (c) Description and condition of donated property (For a vehicle, enter the year, make, model, and mileage. For securities and other property, see instructions,) A ❑ B ❑ C ❑ D ❑ Note: If the amount you claimed as a deduction for an item is $500 or less. you do not have to comolete columns (el. tn. and (al. (d) Date of the contribution (e) Date acquired by donor (mo., yr.) (Q How acquired by donor (g) Donor's cost or adjusted basis (h) Fair market value (see Instructions) (1) Method used to determine the fair market value A B C D Section B. Donated Property Over $5 000 (Except Publicly Traded Securities Vehicles Intellectual Property or Inventory Reportable in Section A) —Complete this section for one Item (or a group of similar Items) for which you claimed a deduction of more than $5,000 per item or group (except contributions reportable in Section A) - Provide a separate form for each item donated unless it is part of a group of similar items. A qualified appraisal is required for Items reportable in Section B and in certain cases must be attached. See instructions. Information an Donated Property 2 Check the box that describes the type of property donated. See instructions for definitions. a ❑ Art (contribution of $20,000 or more) d ® Other real estate I ❑ Vehicles b ❑ Ouallf led conservation contribution e ❑ Equipment f ❑ Clothing and household items b(f) ❑ Certified historic structure f ❑ Securities k ❑ Digital assets NPS # g ❑ Collectibles 1 ❑ Other c ❑ Art (contribution of less than $20,000) h ❑ Intellectual property 3 (a) Description of donated property (if you need more space, attach a separate statement) (b) II any tangible personal property or real property was donated, give a brief summary of the overall physical condition of the property at the time of the gift. (c) Appraised lair market value A 1.699 ACRES, LAND PARCEL,TEXAS RAW LAND— VERY GOOD CONDITION 2,218,000 B C fell Dale acquired by donor (mo., yr.) (0) How acquired by donor IQ Donor's cost or adjusted basis (g) For bargain sales. enter amount received (h) Oualliled conservation contribution relevant basis (see Instructions) (1) Amount claimed as a deduction (see Instructions) A 8/17/16 EXCHANGE 201,410 2,218,000 B C For Paperwork Reduction Act Notice, see separate Instructlons. For, 8283 (Rev. 12.21t231 ISA Form B283 (Rev, 12-2023) Page 2 Names) shown on your Income tax return Identifying number Complete lines 4a through 4e if you gave less than an entire interest In a property listed in Section B, Part I. Complete lines 5a through 5c if conditions were placed on a contribution listed in Section B, Part I; also attach the required statement. See instructions. 4a Enter the letter from Section B. Part I that Identifies the property for which you gave less than an entire interest If Section B, Part II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Section 8, Part I; (1) For this tax year 2,218,000 (2) For any prior tax years c Name and address of each organization to which any such contribution was made in a prior year (complete only if different from the donee organization In Section B, Part V, below): Name of charitable organization (donee) CITY OF ROUND ROCK Address (number, street, and room or suite no,) Gity or town, state, and ZIP code - 221 EAST MAIN ST._ ROUND ROCK, TX 78664 d For tangible property, enter the place where the property is located or kept LAND, ROUND ROCK, TX e Name of any person, other than the donee organization, having actual possession of the property Yes No 5a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated property? X b Did you give to anyone (other than the donee organization or another organization participating with the donee organization in cooperative fundraising) the right to the income from the donated property or to the possession of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? . . . . . . . . . . . . . X c Is there a restriction limiting the donated property for a particular use? rx-r- LiEM Taxpayer (Donor) Statement --List each item included in Section B. fart I above that the appraisal identifies as having a value of $500 or less. See Instructions. I declare that the following item(s) included in Section B, Part I above has to the best of my knowledge and belief an appraised value of not more than $500 (per item). Enter identifying letter from Section B, Part I and describe the specific item. See Instructions. Signature of taxpayer (donor) Date LRMM Declaration of Appraiser —See instructions. I declare that I am not the donor, the donee, a party to the transact€on in which the donor acquired the properly, employed by, or related to any of the foregoing persons, or married to any person who Is related to any of the foregoing persons. And, It regularly used by the donor. donee, or party to the transaction, I performed the majority of my appraisals during my tax year for other persons. Also, l declare that I perform epprafsala on a regular basis; and that because ormy quafificalians as described In the appraisal. I am qualified to make appralsels of the type of propady being valued. I telly that the appalSal fees were not based on a percentaga of the appraised property value, Furthermore, I understand that a false or fraudulent overstalemonl of the property value ae described In the queYfied appraisal or this Form 82e3 may subject me to the penally under section 6701(a) (aldirq and abettfrig the urrderatetemant of tax Ilahlfllly).1 understand that my appraisal will be rued In connection with a (alum or claim for refund. t also understand that, it there Is a subslanllai or gross valuation misstatement of the value of Iho property claimed an ltm rolum or claim for refund that Is based on my appralsal, I may be subfaCl to a penally ,radar section 6595A of the Internal Revenue Cade, es wee as other applkable penaNbs. I allim that I have not been at any time In the throe -year period ending on the dale of the eppralaal barred from preaenung evfdanee or lastlmorly before the Deparlmenl of the Treasury or the Intemal Revenue Service pursuant to 31 U.S.C. 330(c), Sign Appraiser signature Data Her Appraiser name GEORGE PE EIRA MAT Titi-TX CERTIFIED APPRAISE BBG INC. Business address (including room or suite no.) Identifying number 507 PRESSLER ST. SUITE 1000 147-3942404 City or town, state, and ZIP code AUSTIN, TX 78703 LOM Donee Acknowledgment— See instructions. This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section 8, Part I, above on the following date 9/18/2024- RECORDATION DATE Furthermore, this organization affirms that In the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 3 years after the date of recelpt, it will file Form 0282, Donee Information Return, with the IRS and give the donor a copy of that form, This acknowledgment does not represent agreement with the claimed fair market value. Does the oganizatlon Intend to use the property for an unrelated use? . . . . . . . . . . . . . . . ❑ Yes ® No Name of charitable organization (clones) i Employer Identification number CITY of ROUND ROCK 74-6017485 Address (number, street, and room or suite no,) City or town, state, and ZIP code 221/EAST MAIN ST. I I R01INIn lln K_ TX 7PKA4 Dat /' Form 8283 (Rev. 12 REAL ESTATE DONATION AGREEMENT Heritage Trail Right of Way THIS REAL ESTATE DONATION AGREEMENT ("Agreement") is made by and between CIRCLE 77, LLC and CIRCLE 77 WR, LLC., (referred to in this Agreement as "Donor", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Agreement as "Donee"), upon the terms and conditions set forth in this Agreement. ARTICLE I DONATION By this Agreement, Donor agrees to donate to Donee, and Donee agrees to accept from Donor, the real property, together with the provision of this Agreement and all recorded documents including the conditional approval to constrict water front amenities along Brushy Creek including a dock, which real property is more thoroughly described by metes and bounds in Exhibit "A" attached hereto (the "Property") and incorporated herein by reference for all purposes. The Parties acknowledge the Property boundary to be one foot outside Donor's now existing southern security fence. Donor shall donate the Property together with all the rights and appurtenances pertaining to the Property described herein or otherwise, including any right, title and interest of Donor in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Agreement as the "Proporty"), and any improvements and fixtures situated on and attached to the Property, described in Exhibit "A" not otherwise retained by Donor, upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II DONATION VALUE & MUTUAL OBLIGATIONS Donation Value 2.0I. Donor and Donee agree that an independent appraiser, hired by Donor, appraised the Property and detennined the value of this Donation to be $2,195,000. 2.02. Donor shall realize any tax benefit to which it is entitled through this Donation to Donee. Donee shall provide any reasonable assistance requested by Donor to complete any required documentation for same. The Parties acknowledge that Donee has provided no goods or services to the Donor in exchange for this Donation. Special Provisions 2.03. Donee shall execute and issue an Administrative Adjustment letter at Closing, in accordance with the applicable provisions of the City of Round Rock, which shall authorize a rear yard setback variance along the Heritage Trail property. The Administrative Adjustment will clearly state that if partial damage or total damage happen to Building 8 in The Falls - Round Rock apartment complex that Building 8 will be allowed to be able to obtain building permits and either be repaired or rebuilt. Building 8 will be repaired or rebuilt on approximately the same footprint with the same drainage impacts. This Administrative Adjustment will be recorded and shall run with the land. 2.04. Donee agrees that the trail overlook shall be constructed upon the Property in the general location as drawn in CORR Phase 2 Vision Plan attached hereto as Exhibit "B," so long as the improvements can be built without impacting the flood plain. The elevation of Heritage trail on the eastern portion on the Donated Property shall be kept a minimum of 7 feet below the top of the new retaining wall described in 2.05, so that the public foot traffic on the trail will not interfere with the Building 8 resident's quiet enjoyment of their units. 2.05. Donee agrees to construct a new retaining wall along and south of Donor's existing retaining wall as shown in Exhibit "C" attached hereto and incorporated herein. Tree removal by the Donee will be required to build said retaining wall, trail, and appurtenances. Donee will own and maintain said new retaining wall, trail, and appurtenances in conformance with Exhibit "C". Said retaining wall will be built at least one foot away from Donor's existing retaining wall as shown in Exhibit "A" and provide yard area (between the building and new retaining wall) around the back of Building 8 to accommodate the possible movement of equipment to the back of Building 8 in case the building is damaged and repairs are needed. The new retaining wall will be at least ten feet from Building 8 except for the portion nearest Building 8 shown in Exhibit "A." The retaining wall will have a drainage system as shown in Exhibit "C" to channel the water runoff and rain drainage from Donor's remainder property to the Heritage Trail property. Donor retains the ability to drain rain water onto the Heritage Trail property as Donor's land is currently developed, but additional development of Donor's property must meet applicable regulations. 2.06. As part of Donors Donation to Donee, Donor retains two access points with exclusively Donor controlled keypad locks, at the agreed locations shown on Exhibit "C." The western access point will have access to the food truck area by the Heritage Lawn as shown on Exhibit "B" and southern access gate will have access to the Heritage Trail from Donor's remaining property boundary as shown on Exhibit "C" page 5. Donor agrees to grant Donee a Temporary Construction Easement onto Donor's property to facilitate such construction by Donee. Donee shall not impede Donor's access to the Heritage Trail except for necessary maintenance at times decided by the Park's Director. 2.07. Donee shall build the Heritage Trail improvements shown in Exhibit "C" not later than March 1, 2028. 2 2.08. Donee shall construct the Heritage Trail improvements substantially similar to the attached Exhibit "B". Donee shall construct the Heritage Trail Kayak Launch on the Henna Grove property as shown on Exhibit B within 5 years of the conveyance of land to the Donee under the Henna PU D approved by the City of Round Rock's Ordinance 0-2020. 0268. 2.09. Donee shall provide a written agreement allowing Donor's owners, agents or employees to enter onto the Donee's Heritage Trail property for the purpose of cutting and trimming trees and shrubs on the Heritage Trail property behind Donor's property and to maintain the views of Brushy Creek and the dam that would be impeded by growth of trees and shrubs on property donated to Donee by Donor. provided however that Donor shall not have any duty to cut or trim trees or shrubs or provide any other services on the Heritage Trail property. Donor agrees to indemnify Donee for any damage or injuries to the Heritage Trail or to or from third parties caused as a result of Donor or Donor's agents carrying out the tasks permitted herein, and Donee does not waive any immunity it may have. 2.10. Donee shall provide a written agreement upon Donor's written request allowing Donor's owners, agents, or employees to enter onto Donee's Heritage Trail property for the purpose of maintaining Donor's fencing. Said agreement by Donee will require Donor's indemnification of the Donee. 2.11. Donee shall have staff dedicated to respond to complaints of waste and/or debris on the Heritage Trail. Donee agrees to keep the Heritage Trail property free of waste and debris, including but not limited to the Heritage Trail property directly behind Donor's property or within eyesight of Donor's property. After providing Donee 72 hours' notice of the breach of this provision, Donor shall have the right, without any obligation, to remove such waste and debris. 2.12. Donee shall not allow any person(s) to live, sleep, camp or erect any kind o f a tent, temporary, or permanent structure of any kind on the Heritage Trail property, including but not limited to any portion of the donated Property and/or the Heritage Trail Property adjacent to the Donor's remaining property and/or within eyesight of the Donor's property. The Donor shall have the right to seek specific performance of this obligation of the Donee. 2.13. Donee shall provide Donor any reasonably necessary documentation required by the Williamson County Assessor and the U.S. Internal Revenue Service for tax benefits based on the diminished square footage retained by Donor after donating land described in Exhibit "A" to Donee for the Heritage Trail improvements. 2.14 Following the Donation described in this Agreement, Donee shall provide Donor, within 10 days of Closing, a signed Gift Acknowledgement Letter in the form attached hereto as Exhibit "F." on Donee's letterhead. ARTICLE III DONEE'S OBLIGATIONS Conditions to Donee's Obligations 3.01. The obligations of Donee hereunder to accept the Donation contemplated herein are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Donee at or prior to Closing). Miscellaneous Conditions 3.02. Donor shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Donor prior to or as of the Closing. 3.03. Donee acknowledges that Donor has a lender, and this Agreement is expressly subject to lender approval, including all required lender documents necessary for approval. ARTICLE IV REPRESENTATIONS AND WARRANTIES OE DONOR 4.01. Donor hereby represents and warrants to Donee as follows, which representations and warranties shall be deemed made by Donor to Donee also as of the Closing Date, to the best of Donor's knowledge - (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Donee; (b) To the best of Donor's knowledge, Donor has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Longhorn Title Company on or before , or at such time, date, and place as Donor and Donee may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the Agreement (which date is herein referred to as the "Closing Date"). 4 Donor's Obligations at Closiu� 5.02. At the Closing Donor shall: (1) Deliver to the Donee a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A", free and clear of any and all liens and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Donee pursuant to Article III hereof; and (c) Any exceptions approved by Donee in writing. (2) The Deed shall be in the form as shown in Exhibit "D" attached hereto. (3) Provide requested assistance, at no cost to Donor, to cause Title Company to issue to Donee a Texas Owner's Title Policy at Donee's sole expense, in Donee's favor in the full amount of the Donation Value, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Donee, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record", if applicable; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable". (4) Deliver to Donee possession of the Property. Donee's Obligations at Closing. 5.03. At the Closing, Donee shall: (a) Deliver an executed Administrative Adjustment letter; (b) Deliver a duly executed settlement statement between Donee and Donor; and (c) All other documents reasonably detennined to be necessary by the Title Company to effectuate the Donation contemplated in this Agreement. Proration 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. Agricultural roll -back taxes, if any, shall be paid by Donee. Recordation 5.05 All documents reasonably determined to be necessary by the Title Company to effectuate the donation contemplated in the Agreement, including, but not limited to, this Donation Agreement, the deed, and the Administrative Adjustment Letter shall be recorded at Closing. Closing Costs 5.06. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Donee. (2) Deed, tax certificates, and title curative matters, if any, paid by Donee. (3) All other closing costs, escrow fees and recording fees shall be paid by Donee. ARTICLE VI BREACH BY DONOR In the event Donor shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the Donation of the Property for any reason, except Donee's default, Donee may (1) enforce specific performance of this Agreement or (2) terminate this Agreement and pursue a condemnation against Donor. ARTICLE VII BREACH BY DONEE In the event Donee should fail to accept the donation of the Property for any reason and Donor not being in default hereunder, Donor shall receive the amount of $5,000 as liquidated damages for any failure by Donee. 6 ARTICLE VIII[ MISCELLANEOUS Notice 8.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Donor or Donee, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Avnly 8.02. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 8.03. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. Legal Construction 8.04. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 8.05. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter, save and except the Possession in Use Agreement tiled of record in Public Records of Williamson County, number 2022105603 the terms and conditions thereof remain in full force and effect. Time of Essence 8.06. Time is of the essence in this Agreement. Gender 8.07. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of AgLeement 8.08. Upon request of either party, the parties shall promptly execute a Memorandum of this Agreement in the form as shown on Exhibit "P" attached hereto suitable for filing of record, and any recording fees shall be the sole responsibility of the party requesting a Memorandum of Agreement. After recording a Memorandum of Agreement, the requesting party shall forward a copy of the recorded Memorandum of Agreement to the other party. Compliance 8.09. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Donee is hereby advised that it should be furnished with or obtain a policy of title insurance or Donee should have the abstract covering the Property examined by an attorney of Donee's own selection. Effective Date 8.10 This Agreement shall be effective as of the date it is approved by the Round Rock City Council or City Manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Agreement may be executed in any number of counterparts, which may together constitute the Agreement. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Agreement. [signature page follows] 0 DONOR: CIRCLE 77, By: Dale L. Burghardt Its: Manager Date: 3dowT Title: /yl 2ff j5Ef--- Date: Z Address: 9103 Alta Drive #602 Las Vegas, NV 99145 DONEE: CITY OF ROUND ROCK, TEXAS By: xemt ! Name: �//ae-41ey Title: - r Date: �/7/aZf� 10 Address: 221 East Main St, Round Rock, Texas 78664 EXHIBIT A Metes and Bounds of the Trope County: willameon page 1 of 4 Parcel; PARCEL 6 (Circle 77, LLC, El. At. 1.699 Ames) Rev: 0010812022 Project: Herltage Tull EXHIBIT PROPERTY DESCRIPTION FOR PARCEL 0 DESCRIPTION OF A 0.1.609 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 17.1263 ACRE TRACT OF LAND (LOT 6,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 64.91% 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 1.099 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 sold Lot 5-A, some being In the easterly boundary line of Lot 3 of Heritage Center, a subdivision of record In Cabinet F, Slide 204-296 of the Official Public Records of Williamson County, Texas and cited as being Lot(s) 3 and 4, Heritage Center In Special Warranty Deed to the City of Round Rock, Texas recorded in Document No. 2014046646 of the Official Public Records of Williamson County, Taxes, for the northwesterly cornerof the herein described parcel, from which a 618' iron rod found, being a point on a 60 foot radius cul-de-sac at the southerly terminus of Heritage Center Circle (100' Right -of -Way (ROW) width), being the common comer of said Lot 4 and Lot 6-A beers, with sold westerly boundary line of said Lot 6-A, some being In the easterly boundary line of Lot 3, N 05"09'05' W, al a distance of 352.53 feet, a calculated angle point, and continuing N (10'42'08" W. at a distance of 101.12 feet; THENCE, departing said Lot 3, through the interior of said tot 5-A, the following six (6) courses; 1) N 74010146" E, for a distance of 79.94 reel to an Iron rod with plastic cap stamped "Intend 4933' set; 2) S 89936147" R, for a distance of 101.76 feet an Iron rod with plastic cap stamped `lntand 4933' set; 3) N 70°39'63" E, for a distance of 146.61 feet to an Iron rod with plastic cap stamped "lniand 4933' set; 4) N 06055'22" E, for a distance of 109.76 feet to an iron rod With plastic cap stamped "Inland 4933' set; 6) N 40609158" E, for a distance of 106.74 feet to an Iron rod with plastic cap stamped "Inland 4933" set; 6) N 906113168" 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, some being the westerly boundary line of Lot 9B, as depleted on Reptat Of Lot 9 Heritage Center Subdivision, a subdivislon of record In Cabinet GG, Slide 27-28 of the Plat Records of Williamson County, Texas, for the northeasterly comer 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 comer of said Lot 6-A, some being the northwesterly corner of sold Lot 98, bears, with said common boundary line, N 06019*080 W at a distance of 884.30 feet; 7) THENCE, with sold common boundary line, 8 05019108" E, for a distance of 162.93 feet to the calculated southeasterly comer of Lot 5-A, some being the southwesterly comer of said Lot 913, also being the centerline of Brushy Creek per sold 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 03037144" W, for a distance of 431.39 feet to a calculated angle point, S 66-28-43" W, for a distance of 122.22 feet to a calculated angle point, being the southwesterly corner of said Lot 6-A, same being the southeasterly comer or field Lot 3, for the southwesterly corner of the herein described parcel; IE County: Wllllarnson Page 2 of 4 Parcel, TRACT 6 (Clrclo 77, I.I.C. Et. AI.1.699 Acres) Ray: 06MM022 Project: Herilage Trail 10) 'THENCE, with the common boundary line of said Lot 3 and said Lot 5-A, N 06.09'05" W, for a distance of 154.00 feet to the POINT OF BEGINNING, containing 1.699 acres, (70,003 square feet) of land, more or lass 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, NAB 83_ THE STAVE 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 correot and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Wllllemson County, Texas. Registered Professional Land Surveyor NO, 4e33 Licensed State Land Surveyor Inland ©eodetics, LLC Firm Registration No; 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 sACORR-PROJECT6tPARK8•RECWERITAt3E TRAIUACGUISITION SURVEYS 2MCARLSOMPARCELMTRACT 6-011CI.E 77. LLC, EI ALLOT &AHERMAGE TRAIL -CIRCLE 774.689•AC EASE.DOCX HERITAGE CENTER CIRCLE 000' ROW WIDTH) 460' CUL-DE-SAC RADIUS) 41 " oe Y PLAT TO ACCOMPANY DESCRI ���1J SuRva y 1N1A1,,e�.7q�y�� � Ala• 2� l�l./V . DIRECTION WANCE N74'1li 4S E 79.94 sa '3B 47 E 101.76 r NOW88 22 £ 8 N40'09 58 E 106.74 I N6WI3'aS 24.42 v U.S. HIGHWAY79 (AIBE WIDTH aow) ��T147 1 I4 tit '` i I 111 a A A N A%11 oI^� 1� r�11 m a Li LOT 3 1 1 CIRCLE 77, LLC (64.91X INT.) STEEPLECHASE DOWNS 114— CIRCLE 77 WR, LLC (35.09X INT) (LOT 5-A} ` PER PLaTB -J �` (17.1253 AC.) CAB. N, SLIDE 136-157 1 i ; DOC. 2018073860 P•Iz•W'C.T. ; / o 1 � � LOT 90 I O.P.R.W.C.T. ti 3156 ACRES "j (OPEN SPACE) I 20' $EIYER EASEMENT `' 1 1 BRUSHY CREEK WATER OONIRCL AND ! ! LOT LO � p F 1 2G• SANITARY SENT ISTRIff NE►SEMENi PER HERLID E CENTER- CAB. E. SLIDE Rii4-lob 4111 r o d g VOL 1 . 1010. POS. 427-430 +a 3 �� 1 O.R.W.C.T. 1�-'PER PLATS CC p o ROCKY,.-- j' 1 10' UTILITY EASEMENT 1 VDL 555. 1 ` ! N BUILDING HERITAGE CENTER ` ffiffiffi CAR. F. BLIDE 294-E9a p O.P.R.W.C.T. 1,699 AC. 74.003 SO. FT. P.O.B. r y f Q DRN*ZE EASEMENT & N PLOW UTIL. EASE. r' TK PER HERRAOE CENTER r SEE NOTE CAB. E. SLIDE 294-295 y �� P.R.W.C.T. 1�2 DETAIL "A" DETAIL n8" XS PP OX. C1_ Ee UBHY C a1L 1�Soo z2 FENCE _r 6.24 0 50 100 I" - 100' 1'0, o, NOTE: 2) GRADIENT EDGE OF WATER LINE ON APRIL 15, 2020, AS IMPOUNDED BY VETERAN'S PARK DAM, REV: JULY 07, 2022 I N L A N D �+ GEODETiCS PROPOSED TRAIL PARCEL MIONMWNALIAWAlU11VWORB 1.699 ACRES 1504CHINOOLM TRAIL R , S 1:.103 T+I.ls1»aw1AKts1f:�e I:sI 74,003 SQUARE FEET Tfllhl 71a �, aosB1-0o PAGE 3 OF Q So\CORR-PROJFCT5\PARKS-Rf.C\HERTARE TRAtL\ACQLASITION SURVLYS 2070\CARIS0N\PARCFI5\TRACT O-CIRCLE 77. LLC. FL hi -LOT S-A\tRkCT 0-REV.dvo EXHIBIT ....,� LEGEND ri.H I r v HI+V Vever— MIT 7 UL-w%&"ou towel 0 IRON ROD WITH CAP FOUND P,R.W.C.T. PLAT RECORDS WILUAMSON • 1 /2" IRON ROD FOUND COUNTY, TEXAS UNLESS NOTED O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS CALCULATED POINT O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS 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 Zane. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE OF 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 1N INSTRUMENT RECORDED IN VOLUME 2408. PAGE 501 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. 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND U ER MY DIRECT SUPERVISION, M.—STEME14 TRJESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEOOETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIT. ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 REV: JULY 07, 1 N L A N d u G�.ODIETICS PROPOSED TRAIL PARCEL J ►Rq MIONAL.LANDSURWYC" 1.699 ACRES t304 C"M M TRAIL R0. STL 103 ROUNa ROCK TX 61 1+I.csltit�a�001VA9 311462812$1 74,003 SQUARE 0 Fuu1RTGITSlt7I4h11 A IN-6-PI PAGE 4 S:\CORR- PROJECTS\PARKS—REC\HERITAOF TWUtUCQOSITION SURVEYS 2020\CAR4SON\PAkCELS\1RACT 6- I:IRCK 77. 11Z, E1 AI401 5—A\7R1%CT 6- REV.dwq f OY f - I­ if 4 i t 1 Pi DOWNTOWN SIGNATURE PARK � a, � ;,r" •may` �� ��}. ��_- �* - �+- .. � f + AND GREENWAYrt PHASE 2 . lak t ` IIp1 K�Ilaa" 400a punua 5 r ,5 �rrfi 1� igs i 5 r pp pp Y w� 4 aa�R�,RA4p y� x niI all,Illt+�it!<t 1 ii n Vatlr JHtI t uVtiv _ . - - — — ' _ F li�Q z '• Il yIT.i 1M 7 11w.L afiofiabH J-10H pulu1m plk I ,Y-Vu � `t g Ili .. . I F�S� 7�;k IR li15i, AirrEi Aa�b Ats "a r\ ti vv h\ ~4� two . tl Ik Ila - IL it'll I b 1 41141 PHI kd,.t. p i I likkil t t I ui j;rlr, ,r g - i U) tell I 6VI No Text 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 LICENSE NUMBER. DONATION SPECIAL WARRANTY DEED THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That CIRCLE 77, LLC, a Texas limited liability company, hereinatter referred to as "Grantor," whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) or 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 Dedicated and by these presents do Donate, Grant, Bargain, Dedicate and Convey unto the CITY OF ROUND ROCK, TEXAS, hereinafter referred to as "City," all those certain tracts or parcels of land lying and being situated in file County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows and referred to as "Property": A 1.699 acre tract of land situated in the WILEY HARRIS SURVEY, ABSTRACT NO. 298, Williamson County, Texas; and being a portion of that called 17.1253 acre tract of land 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 64.91% interest) and Circle 77 WR, LLC (A 33.09 % interest) recorded in Document No. 2018073860, Official Public Records, Williamson County, Texas and being more particularly described by metes and bounds in Exhibit "A," attached hereto and incorporated herein by reference for all purposes. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: The Property shall be used only for park purposes with improvements constructed thereon consistent with a paved walking, hiking and bike trail with the necessary appurtenances, to include but not limited to, lighting, retaining walls, benches and overlooks while maintaining an overall park setting. EXHIBIT Iwioi4x7�i.21I b Reserving unto Grantor, its heirs, successors and assigns an easement appurtenant for drainage of rain water over and across the Property for the benefit of the Grantor's remainder property. Reserving unto Grantor, its heirs, successors and assigns an easement appurtenant for view and vegetative maintenance over, across and on the Property for the benefit of the Grantor's remainder property. Grantor has the right to enter and remove, trim or maintain vegetative growth to secure a clear view over and across the Property from Grantor's remainder without any obligation to do so. Reserving unto Grantor, its heirs, successors and assigns an easement appurtenant for one point of access to and on the Property and one point of access to and on Grantee's property described as follows, to wit: LOT 3, HERITAGE CENTER, a subdivision in Williamson County, Texas according to the map or plat thereof, recorded in Cabinet F, Slide(s) 294-295 of the Plat Records of Williamson County, Texas. for the benefit of the Grantor's remainder property at a dedicated gate location(s) to be determined by both the Grantor and Grantee. The above made warranties are made by Grantor and accepted by the City of Round Rock, Texas subject the following: A. Visible and apparent easements not appearing of record; B. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; C. 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. 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 the 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 the 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, but not otherwise except as to the Reservations from and Exceptions to Conveyance and Warranty. It is the intent of Grantor and Grantee that this Deed be considered to be an Irrevocable Gift Deed and the transfer of the Property from Grantor to Grantee is and is intended to be an irrevocable Gift from Grantor to Grantee for which the true and actual consideration is an irrevocable gift. IN WITNESS WHEREOF, this instrument is executed on this the day of July, 2023. GRANTOR: CIRCLE 77, LLC, a Texas limited liability company By: Printed Name: Title: ACKNOWLEDGMENT STATE OF § 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. (seal) Notary Public, State of Texas ACCEPTED AND ACKNOWLEDGED: CITY: The City of Round Rock, Texas By:_ Laurie Hadley, City Manager Date: GRANTEE'S MAILING ADDRESS: AFTER RECORDING RETURN TO: EXHIBIT A LEGAL DESCRIPTION Date of gift Dale Burghardt, Manager Circle 77 LLC and Circle 77 WR LLC 9103 Alta Drive, Unit 602 Las Vegas, NV 99145 Dear Mr. Burghardt, On Behalf of the City of Round Rock, Texas, I can confirm that Circle 77 LLC and Circle 77 WR LLC gifted the following real property interest, which is more thoroughly described by metes and bounds in Exhibit "A" attached hereto, effective . 2023. No goods or services were provided in exchange for this donation to the City. The City intends to use the property exclusively for public purposes under IRC 170 (c) (1). Thank you for your donation. CITY OF ROUND ROCK, TEXAS By: Address: 221 East Main St. Laurie Hadley, City Manager Date: EXHIBIT Round Rock, Texas 78664 MEMORANDUM OF REAL ESTATE DONATION AGREEMENT Heritage Trail East This Memorandum of Real Estate Donation Agreement ("Memorandum") is executed effective as of 2024 ("Effective Date"), by CIRCLE 77, LLC and CIRCLE 77 WR, LLC (collectively "Donor"), and CITY OF ROUND ROCK, TEXAS ("Donee" . By executing this Memorandum and recording it in the Official Public Records of Williamson County, Texas, Donorand Donee hereby give notice of the existence of the documents, agreements and transactions referenced herein as they relate to the real property described below. I. Donor has conveyed to Donee the real property described as follows (the "Property"). All of that certain 1.699 acre tract of land, more or less, situated in the Wiley Harris Survey, Abstract No. 298 in Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. 2. In connection with the conveyance of the Property, Donor and Donee entered into that certain Real Estate Donation Agreement dated (the "Agreement"), which contained certain provisions that survive the closing of the donation of the Property, which are summarized as follows: (a) The obligations of Donee regarding construction, maintenance, and management of certain trail and retaining wall improvements and related appurtenances, and stormwater drainage of the remaining property of Donee; (b) Access points to be retained and controlled by Donor; (c) The obligation of Donee to allow Donor temporary entry to the Property under certain conditions for tree and vegetative trimming and fence maintenance; (d) The obligations of Donee and rights afforded to Donor pursuant to the Donee's February 27, 2023, Administrative Adjustment letter attached hereto as Exhibit B; and 3. This Memorandum is executed by Donor and Donee for the sole purpose of giving public notice of the existence of the foregoing described Agreement and agreements and transactions referenced and described in this Memorandum. This Memorandum has the additional purpose of notifying all parties who take an interest in the Poperty after the time at which this Memorandum is recorded that such parties shall be bound by the terms of the Agreement as successors in interest, assignees, or otherwise acquiring an ownership interest in EF IBIT the Property. This Memorandum is not intended to create any greater rights or impose any greater obligations than may currently exist or may hereafter exist under the terms of the Agreement, and the terms and conditions set forth therein shall govern the rights and obligations of Donor and Donee, regardless of the terms as set forth herein. C. This Memorandum may be executed in any number of counterparts, each of which is an original and all of which constitute one and the same document. It is not necessary that the signature or acknowledgment of, or on behalf of, any party appear on each counterpart. All counterparts collectively constitute one instrument. It is not necessary in making proof of this Memorandum to produce or account for more than a single counterpart containing the respective signatures and acknowledgments of, or on behalf of, all of the parties hereto. [signature pages follow] EXECUTED as of the Effective Date. DONOR CIRCLE 77, LLC By; Name: Title: STAI E OF COUNTY o This instrument was acknowledged before me, the undersigned authority, this _ , 2024, by , in the capacity and for the purposes and consideration recited herein. Notary Public DONOR CIRCLE 77 WR, LLC Name; Title: STATP Or § COUNTY OF § This instrument was acknowledged before me, the undersigned authority, this , 2024, by , in the capacity and for the purposes and consideration recited herein. Notary Public DONEE CITY OF ROUND ROCK, TEXAS By:. - Laurie Hadley, City Manager STATE OF TEXAS § COUNTY Or WILLIAMSON § This instrument was acknowledged before me on this , 2024, by Laurie Hadley, City Manager for the City of Round Rock, in the capacity and for the purposes and consideration recited herein. Notary Public * State of Texas RECORDING REQUESTED AND WHEN RECORDED MAIL TO: Sheets & Crossfield, PLLC 309 East Main Street Round Rock, Texas 78664 EXHIBIT Mayor Craig Morgan Coundtmembers Michelle Ly Matthew Baker City Manager Laurie Hadley SOUND DOCK TEXAS PsANNw uAND00MOPMLENTSGMUS Mayor Pro -Tom Rene Flores Frank Ortega Kristin Stevens Hilda Montiomery City Attorney Ste ._hanie Sandre February 27, 2023 Circle 77 LLC & Circle 77 WR LLC ATTN: Dale L Burghardt 9103 Alta Drive Unit 602 Las Vegas, NV 89145 RE: Administrative Adjustment — The Falls Round Rock — Round Rock, TX 78664 Steeplechase Downs Amended Plat, Lot S-A (WCAD Parcel no. R347834) To Whom It May Concern: The above -referenced property Is governed by the City of Round Rock Zoning and Development Code (hereinafter "Code") and Planned Unit Development No.10 ("PUD"). With the proposed City -initiated Heritage Trail project to construct a public trail along the back of the above noted property, and the city's proposed acquisition of land, the southeasternmost building, currently addressed as Building #8, will no longer be compliant with rear building setback requirements noted In Section 2-26 of the Code. Chapter 10, Section 10-52 of the Round Rock Zoning and Development Code allows an administrative adjustment for property subject to condemnation, where governmental condemnation results in toning law noncompliance. Specifically, building setbacks are identified as a category subject to an administrative adjustment due to governmental condemnation. It Is therefore staffs professional opinion that the reduction of the rear building setback will be harmonious with character and scale of the surrounding area. Furthermore, we hereby find that this complies with the established criteria for an Administrative Adjustment as noted in Section 10-52: aj Consistent with this Code zoning regulations. The proposed adjustment Is in harmony with the general plan and purpose and Intent of this Code. b► Harmonious with character and scale of surrounding area. The proposed adjustment to schematic architectural, signage, and landscaping designs shall be harmonious with the character of the surrounding area. cj General impacts. The likely future impact that the proposed adjustment may have on the fallowing systems and public services: Public infrastructure such as roads, parking facilities, water and wastewater systems, police and fire protection, solid waste collection, and the ability of existing Infrastructure and existing services to adequately service the property in question. dj Traffic related impacts. The proposed adjustment does not Interfere with the free flow of traffic or create a public safety hazard. el Condemning authority Impact. The likely cost to the condemning authority if the application is disapproved. In accordance with Section 10.52 of the Round Rock Zoning and Development Code, the City hereby grants an Administrative Adjustment to the rear building setback for Building #8 due to the city's acquisition of land for the Heritage Trail project being constructed by the City for public use. Future redevelopment of the site will have to comply with all lawfully adopted Codes and ordinances in effect at the time, but this administrative adjustment allows Building #8 to remain as -is without any corrective action required. 13 CITY OF ROUND ROCK PLANNING AND DEVELOPMENT SERVICES . 301 W 9sggdad, Round Rock, Texas 78664 Ptanning 512 718 5428. Code Enlnrcement 517.218 i319. Community Development 512.341 3148. roundrocklexas.gov You may wish to record this letter in the Williamson County Courthouse for future reference on legal matters related to this action. Sincerely, Bradley Dushkin, AICP Assistant Director of Planning & Development Services ELECTRONICALLY RECORDED 2024074186 Williamson County, Texas Total Pages: 10 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 LICENSE NUMBER. DONATION SPECIAL WARRANTY DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON § NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That CIRCLE 77, LLC, a Texas limited liability company and Circle 77 WR LLC, a Texas limited liability company, hereinafter referred to as "Grantor," whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) or 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 Dedicated and by these presents do Donate, Grant, Bargain, Dedicate and Convey unto the CITY OF ROUND ROCK, TEXAS, hereinafter referred to as "City," all those certain tracts or parcels 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 and referred to as "Property": A 1.699 acre tract of land situated in the WILEY HARRIS SURVEY, ABSTRACT NO. 298, Williamson County, Texas; and being a portion of that called 17.1253 acre tract of land 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 64.91 % interest) and Circle 77 WR, LLC (A 35.09 % interest) recorded in Document No. 2018073860, Official Public Records, Williamson County, Texas and being more particularly described by metes and bounds in Exhibit "A," attached hereto and incorporated herein by reference for all purposes. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: The Property shall be used only for park purposes with improvements constructed thereon consistent with a paved walking, hiking and bike trail with the necessary appurtenances, to include but not limited to, lighting, retaining walls, benches and overlooks while maintaining an overall park setting. {W 1019279.2} 2024074186 Page 2 of 10 Reserving unto Grantor, its heirs, successors and assigns an easement appurtenant for drainage of rain water over and across the Property for the benefit of the Grantor's remainder property. Reserving unto Grantor, its heirs, successors and assigns an easement appurtenant for view and vegetative maintenance over, across and on the Property for the benefit of the Grantor's remainder property. Grantor has the right to enter and remove, trim or maintain vegetative growth to secure a clear view over and across the Property from Grantor's remainder without any obligation to do so. • Reserving unto Grantor, its heirs, successors and assigns an easement appurtenant for one point of access to and on the Property and one point of access to and on Grantee's property described as follows, to wit; LOT 3, HERITAGE CENTER, a subdivision in Williamson County, Texas according to the map or plat thereof, recorded in Cabinet F, Slide(s) 294-295 of the Plat Records of Williamson County, Texas. for the benefit of the Grantor's remainder property at a dedicated gate location(s) to be determined by both the Grantor and Grantee. The above made warranties are made by Grantor and accepted by the City of Round Rock, Texas subject to the following. A. Visible and apparent easements not appearing of record; B. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; C. 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. 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 the 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 the 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, but not otherwise except as to the Reservations from and Exceptions to Conveyance and Warranty. 21Page 2024074186 Page 3 of 10 It is the intent of Grantor and Grantee that this Deed be considered to be an Irrevocable Gift Deed and the transfer of the Property from Grantor to Grantee is and is intended to be an irrevocable Gift from Grantor to Grantee for which the true and actual consideration is an irrevocable gift, IN WITNESS WHEREOF, 2024. GRANTOR: CIRCLE 77,1 a Texas lima oe By: Printe Name: this instrument is executed on this the day of ACKNOWLEDGMENT ore5un STATE OF T AS § (11(1A'4Vk11S § COUNTY OF WIftiAOSON § CI �I This instrument was acknowledged before me on this the day of zjY , 2038 by DOE in the capacity and for the purposes and consideration recited therein. (seal) OfFICUL STAMP COLE POSIN Y NOTARY PUBLIC - OREGON f COMMISSION 110, 1047716 MY COMMISSION EXPIRES MAY 21, 2028 - 'LQW� Notary Public, State of Teas to 0 fe5srr, 3 1 P a g e GRANTOR: (on STATE OFRMZ1's I Ci 1 a(��IM'! COUNTY OF W1L T�A SON Ce ACKNOWLEDGMENT ay This instrument was acknowledged before me on this the tics day o 2023. by Dc,, c Z in the capacity and for consideration recited therein. (seal) OFFICIAL STAMP COLE POSIN Y NOTARY Pu9LIC • OREGON ,f COMMISSION No. 1047116 MY COMMISSION EXPIRES MAY 21, 2026 2024074186 Page 4 of 10 )lAly _, the purposes and Notary Public, State of Ti %os t0 are-5Vn 4 1 P a g e 2024074186 Page 5 of 10 ACCEPTED AND ACKNOWLEDGED: CITY: City of Round Rock, Texas By. Laurie Hadley, City Manager State of Texas County of Williamson This instrument was acknowledged before me on S}-r 2024, by Laurie Hadley, City Manager of Round Rock, Texas, in the capacity and for the purposes and consideration recited herein. rml� (Alv MEGHAN MAY DRONE Notary ID #132387852 N tart' Publ c, State of Texas my Commission Expires February 27, 2028 GRANTEE'S MAILING ADDRESS: Attn: City Clerk 221 East Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: EXHIBIT A LEGAL DESCRIPTION FOLLOWS Page 5 2024074186 Page 6 of 10 County: WII iamson Page 1 of 4 Parcel: PARCEL B (Circle 77. LLC, Et. Al. 1.699 Acres) Rev: 06/0W2022 Project: Heritage Trail EXHIBIT ! -.A PROPERTY DESCRIPTION FOR PARCEL 6 DESCRIPTION OF A 1.699 ACRE (74,003 SQUARE FOOT), PARCEL OF LAND SITUATED IN THE VkILEY 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 64.91% 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 Wth 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 Publ c Records of Williamson County, Texas and cited as being Lot(s) 3 and 4, Heritage Center in Special Warranty Deed to the City of Round Rock, Texas recorded in Document No. 2014046645 of the Official Public Records of Williamson County, Texas, for the northwesterly corner of the hereln 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 (100' Right -of -Way (ROW) width), being the common comer of said Lot 4 and Lot 5-A bears, with said westerly boundary line of said 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°36'47" E, for a distance of 101.76 feet an iron rod with plastic cap stamped 'Inland 4933" set; 3) N 70-39153" E, for a distance of 146.61 feet to an iron rod with plastic cap stamped "inland 4933" set; 4) N 66"66'22" E, for a distance of 109.76 feet to an Iron rod with plastic cap stamped "Inland 4933' set;- 5) N 40109168" E, for a distance of 106.74 feet to an Iron rod with plastic cap stamped "Inland 4933" set; 6) N 60-13'66" 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 comer of the herein described parcel, from which an iron rod with plastic cap stamped'Forest 1847' found in the existing southerly ROW fine of U. S. Highway 79 (variable width ROW), being the northeasterly comer of said Lot 5-A, same being the northwesterly comer of said Lot 9B, bears, with said common boundary line, N 05°19'06* W at a distance of 884.30 feet; 7) THENCE, with said common boundary line, S 05919'06" E, for a distance of 162.93 feet to the calculated southeasterly corner of Lot 5-A, same being the southwesterly comer of said Lot 913, also being the centerline of Brushy Creek per said Steeplechase Downs plat, for the southeasterly comer 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 63°37'44" W, for a distance of 431.39 feet to a calculated angle point; 9) S 86°28'43" W, for a distance of 122.22 feet to a calculated angle point, being the southwesterly corner of said Lot 5-A, same being the southeasterly comer of said Lot 3, for the southwesterly corner of the herein described parcel; 2024074186 Page 7 of 10 County: Williamson Page 2 of 4 Parcel: TRACT 6 (Circle 77, LLC, Et. Al.1,699 Acres) Rev: 06/00022 Project: Hedlage Trail 10) THENCE, with the common boundary line of said Lot 3 and said Lot 5-A, N 05009'06" W, for a distance of 164.00 Net to the POINT OF BEGINNING, containing 1.699 acres, (70,003 square feet) of land, more or less. This property description Is accompanied by a separate parcel plat. All bearings reclted 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 t, M. Stephen Truesdaie, 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 survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Keglsterea Professional Lana Surveyor NO. 4FJ33 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 S;ICORR-PROJECTSIPARKS-RECIHERITAGE TRAILVICQUISn10N SURVEYS 20201CARLSONIPARCEL8ITRACT WRCLE 77, LLC, Et AI -LOT 6-AHERrrAGE TRAIL -CIRCLE 77-1.699-AC FASE.DOCX HERITAQE CENTER CIRCLE 000' ROW YRDTM (bo' cuL-De-aAc RADPJS, Put PL S--i 1 { LOT A 1 r fig ` r t d HERITAGE CENTER . CAI. F. SLIDE 294-E96 Z2- - PR001f. C�V9HY� o 80 100 1' ■ too, PLAT Emma A ACCOMPANY O RRI-9 20 Y Y TRACT Jyp O. IR DISTMOE LI N74'15 45 9.94 L2 SW 47 E 101.7a N65'55 22 I 1 D9.78 L4 N460 58 E 108.74 5a CIRCLE 77, LLC (64.BIx INT.) CIRCLE 77 WR, LLC (36.09% IND 07.1203 AC.) BOO. 9015073880 O,P.R.W.C.T. ---------------- OF^pp� ^ �~ ROW f0' U11RY FAiEfiw -,--IVOL M Pa. log MR.N.C.T. STEEPLECHASE DOWNS (LOT 5-A) CAB. N. SLIDE 150-137 P.R.W.C.T. N018r 2) GRADIENT EDGE OF WATER LINE ON APRIL 15. 2020. AS IMPOUNDED BY VETERAN'S PARK DAM. I N L A N D u Gf~oDETICS PROPOSED TRAIL PARCEL Nc Tom° � 1.699 ACRES ROINIbRO[K.lK 7801 lj 74,003 SQUARE FEET �1 IIL (Sl2ih121q HUI {f137 71 W 2!1 iY l�tl Tl i17OY il[7. IAflS01-� 2024074186 Page 8 of 10 S�oil"ar �m d LOT 90 3.756 ACKES (OPEN SPACE) r t-1 "P�[R PP1 78 JULT 07, S:\OORR-PROJCCTS\PARKS-RKC\HrLRITAOE TRAILWOUISITION WMA-f$ 2004\CARLWwN PARCELS\TRACT S-CIRCLE 77, LLC. S Al-WT L3-A\TRAC1 6-REVA" LEGEND EXHiel'r A PLAT TO ACCOMPANY 2024074186 ® IRON ROD WffH 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 A CALCULATED POINT WILLIAMSON COUNTY, TEXAS O,P,R.W.C.T. OFFICIAL PUBLIC RECORDS ® IRON ROD W / PLASTIC CAP WILLIAMSON COUNTY, TEXAS STAMPED "INLAND-4933" SET P.U,E. PUBLIC UTILITY EASEMENT Q PROPERTY LINE P.O.B. POINT OF BEGINNING D.R.W.C.T. DEED RECORDS WILLIAMSON ( ) RECORD INFORMATION COUNTY, TEXAS Page 9 of 10 1) All bearings shown hereon are hosed on grld bearing. All dlstances are surface distances. Coordinates are surface values based an the Texas State Plane Coordinate System, NAD 83, Central Zane. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE OF 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. 0. EASEMENT TO WILLIAMSON COUNTY, TEXAS RECORDED IN DOCUMENT NO. 2002032201 AND ASSIGNED TO LOWER COLORADO RIVER AUTHORITY. IN DOCUMENT NO. 2009059311. 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 581 AND DOCUMENT NO. 9532990, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CABINET F. SLIDE 294, CABINET M. SLIDE 55, AND CABINET N, SLIDES 138-137, 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 T0. 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 135-137, 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 THE GROUND U ER MY DIRECT SUPERVISION. M. STEPI-iE0 TRAESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 I5O4 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 76681 I N LA N Dv GEODETICS toFMIONAL LAND SURV{YOn 04 CHISHOLM TRAIL RD. STE.103 PROPOSED TRAIL PARCEL 1.699 ACRES 74,003 SQUARE FEET REV: JULY 07, PAGE 4 OF S.\CORR-PROJECTS\PARKS-REC\HERITAGE TRAIL\ACOUISn10N SURVEYS 2020\CARL9DN\PARCELS\TRACT 6-CIRCLE 77. LLC, Et AI -LOT 5-A\TRACT 6-REY.dwg 2024D74186 Page 10 of 10 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2024074186 Pages: 10 Fee: $57.00 09/18/2024 08:51 AM PKINNE Nancy E. Rister, County Clerk Williamson County,Texas PARCEL G - BRUSHY CREEK TRAIL VALUATION OF THE EASEMENT ACQUISITION VALUATION OF THE EASEMENT ACQUISITION fee donation area (1.699 ac.) original proposed trail easement (0.650 ac.) APPROXIMATE EASEMENT LOCATION Paul Hornsby and Company 42