CM-14-01-296City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing Possession and Use Agreement with Sonoma
Homeowners' Association regarding construction of the Brushy Creek Trail
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/24/2014
Dept Director: Steve Sheets
Cost: $10.00
Indexes:
Attachments: 00290641. P D F
Department: Legal Department
Text of Legislative File CM -14-01-296
Consider executing Possession and Use Agreement with Sonoma Homeowners' Association
regarding construction of the Brushy Creek Trail Project.
Staff recommends approval.
City of Round Rock Page 1 Printed on 1/16/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Name: Brushy Creek Trail
Project Mgr/Resource: Steve Sheets
ContractorNendor: Sonoma Homeowners' Association
Council Action:
ORDINANCE
Agenda Wording
RESOLUTION
City Manager Approval
CMA Wording
Consider executing Possession and Use Agreement with Sonoma Homeowners' Association regarding construction of the Brushy Creek
Trail Project.
Attorney Approval
EAttorney
Notes/Comments
Date ! )/47/141
O:\wdox\SCCInts\0123\1400\MISC\00290642.XLS Updated 6/3/08
RECORDED
DOCUMENTS
FOLLOW
I.
iii
IN 011100101
POSSESSION AND USE AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
11 1111111
(
II AGR
8 PGS
2014013267
WHEREAS, SONOMA HOMEOWNERS' ASSOCIATION, hereinafter referred to as
"GRANTOR", whether one or more, is the owner of that certain piece, parcel or tract of land in
Williamson County, Texas, being more particularly described by metes and bounds in Exhibit
"A", which is attached hereto and made a part hereof; and
WHEREAS, CITY OF ROUND ROCK, TEXAS, "GRANTEE", plans to acquire a fee
simple interest in the tract(s) of land described in Exhibit "A", whether through contract and
conveyance or through eminent domain proceedings; and
WHEREAS, the GRANTEE must have possession of said -described tract of land for the
purposes described below,
Construction of Brushy Creek Trail (Project)
NOW THEREFORE, BE IT KNOWN:
That in consideration of the sum of Ten Dollars and other considerations paid by the
GRANTEE, the receipt and sufficiency of which are hereby expressly acknowledged,
GRANTOR has GRANTED and by these presents does GRANT unto the GRANTEE, its
employees, agents and assigns an irrevocable right -of -entry, possession, and construction
easement, with the right of exclusive possession over, upon, and across those tracts of land
described in Exhibit "A".
GRANTOR warrants and represents by, through, and under the GRANTOR, but not
otherwise, that the title to the Property is free and clear of all liens and encumbrances on the title
to the Property, and that any necessary and proper releases will be executed for the Property
prior to funds being disbursed under this agreement.
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted shall be used by the GRANTEE, its employees, agents, and assigns, for
the purposes of entering upon the above-described property, before the closing of the
contemplated real estate transaction or the acquisition of title through condemnation, and
proceeding with surveying, site review and analysis, utility relocation, actual construction on the
Project, and all manner of preparation and work attendant thereto.
The GRANTEE, its employees, agents, and assigns shall have the full and exclusive right
to control and use the above-described tracts, including the right to erect and maintain fencing
and pedestrian control and devices and signs, the right to clear trees and vegetation, and the right
to excavate, trench, fill, and grade the real property itself.
At no time during the possession of the property by GRANTEE for the purposes
described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from
00229439
CM- 1Lk-of-a9(p
the remaining property for the current uses of such property.
The easement, rights, and privileges herein granted shall automatically terminate upon
the contemplated closing of the above-described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take temporary
possession of the Property in accordance with this Agreement, GRANTOR does not
waive any legal rights or defenses under the Constitution of the United States, the
Constitution and Statutes of the State of Texas or any other provisions of the law that
GRANTOR may have in connection with the acquisition of any rights to the Property by
the GRANTEE.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law
governing possession in a statutory eminent domain case.
3. The date of valuation for purposes of determining the value of the just compensation for
the Property to be acquired shall be the date of final execution of this document by the
parties.
4. The easement, right, and privileges granted herein are exclusive, and GRANTOR
covenants that it will not convey any other easement or conflicting rights within the area
covered by this grant. This grant shall be binding upon legal representatives, successors,
and assigns of GRANTOR for the term of this grant.
5. GRANTEE agrees to file the condemnation petition on or before sixty (60) days after the
GRANTOR executes this agreement.
6. GRANTEE will convert title to Lot 43, Block F, Section 9 to GRANTEE through
eminent domain if necessary.
7. As consideration for the execution of this Agreement, GRANTEE agrees to install ten
(10) 15 gallon desert willow trees abutting Collingwood Drive on Lot 43, Section 9,
Block F of the Sonoma Subdivision. Mulch and decomposed granite will be installed
around each tree. Additionally, three (3) decomposed granite and river rock beds with
succulents in each bed will be installed by GRANTEE. Irrigation will remain the
responsibility of the GRANTEE.
TO HAVE AND TO HOLD the possession of the above-described tracts of land for the
purposes and subject to the limitations described above.
t S14 -244 -
Executed this the 5day of ,
2.
STATE OF TEXAS
COUNTY OF WILLIAMSON
by
herein.
This ins
GRANTOR:
SONOMA HOMED ERS' ASSOCIATION
PM
By:
Its:
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
Its: /j'lr/e.
ACKNOWLEDGMENT
ent was acknowledged before me on this the/1 d yy of
, 2013
, in the capacity and for the purposes and consideration recited
c�Y pf'f . Nancy P Richardson
My Commission Expires
`'•.. :co 01/17/2014
SOF
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Publi
Printed Name:
My Commission Expires.
�RIChard5or1
2VI- This instrument was acknowledged before me on this the 2 day of
201-3 by eA/4., KIAINDOtt , in the capacity and for
consideration recited herein.
=tP% SARA LEIGH WHITE
's MY COMMISSION EXPIRES
July 11,2016
Notary Public, State of Tex( w I
My Commission Expires: _-j-,du tI'2( /
11 14,
the
Printed Name:
pursIs and
3.
After recording return to:
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
4.
SONOMA HOMEOWNERS ASSOCIATION Page 1 of 2
EASEMENT
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.124 ACRE (5,412 SQUARE FOOT), TRACT OF LAND SITUATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 77, BLOCK F OF
THE FINAL PLAT OF SONOMA SECTION 12, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED
IN CABINET Z, SLIDES 347-348 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS, BEING THE SAME
TRACT OF LAND CONVEYED TO SONOMA HOMEOWNERS ASSOCIATION BY INSTRUMENT RECORDED IN
DOCUMENT NO. 2006104925, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.124 ACRE (5,412 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a'/2" iron rod with plastic cap stamped "INLAND 4933" set in the southwesterly comer of Lot 46, Block F
of said Sonoma Section 12, being the northwesterly comer of said Lot 77, same being the easterly boundary line being a
portion of the remainder of that called 8.856 acre tract (Tract 48) of land conveyed to Pulte Homes of Texas, L.P., by
instrument recorded in Document No. 2000006058, of the Official Public Records of Williamson County, Texas, for the
northwesterly comer of the herein described;
1)THENCE, departing said easterly boundary line of the remainder of said 8.856 acre tract, with the southerly boundary
line of said Lot 46, same being the northerly boundary line of said Lot 77, N 87°24'13" E for a distance of 135.18 feet to
a calculated point, for the northeasterly comer of the herein described tract and from which an iron rod with cap found in
the northeasterly comer of said Lot 77, being the northwesterly comer of Lot 62 of said Sonoma Section 12, same being
an angle point of said Lot 46 bears N 87°24'13" E at a distance of 57.56 feet;
2)THENCE, departing the southerly boundary line of said Lot 46, through the interior of said Lot 77, S 52°42'36" W for a
distance of 140.68 feet to a 1/2" iron rod with plastic cap stamped "INLAND 4933" set, for the southwesterly comer of
the herein described tract and from which an iron rod with cap stamped "RJ" found in the westerly boundary line of
said Lot 77, being the northeasterly comer of that tract of land conveyed to WHJ, LLC. by instrument recorded in
Document No. 2008000756 of the Official Public Records of Williamson County, Texas, same being the southeasterly
comer of the remainder of said 8.856 acre tract bears S 16°17'26" E at a distance of 952.17 feet;
3)THENCE, with the westerly boundary line of said Lot 77, same being the easterly boundary line of the remainder of said
8.856 acre tract, N 16°17'26" W for a distance of 82.42 feet to the POINT OF BEGINNING, containing 0.124 acres
(5,412 square feet) of land, more or less.
All bearings cited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, 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.
4'41- TAA" -)21..
M. StepheTrue dale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, L.P.
Firm Registration No. 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
512-238-1200
OF
20 5
.« e�nnuu cc«
Date :tweeemp
`::,tg°°.
"-Moooi Fo
O ;N:"`(G y
-SU'`��
EXHIBIT
50
PLAT TO ACCOMPANY DESCRIPTION
0
50
100
i
SCALE I" = 100'
LEGEND
A CALCULATED POINT
O IRON ROD WITH CAP FOUND
0 1/2" IRON ROD W/ PLASTIC CAP
STAMPED "INLAND 4933" SET
PROPERTY LINE
P.R.W.C.T. PLAT RECORDS WILLIAMSON
COUNTY. TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
P.U.E. PUBLIC UTILITY EASEMENT
( ) RECORD INFORMATION
NOTES:
I) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM. DISTANCES ARE SURFACE
DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A
TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
BISON TRACT 79, LTD.
(152.392 AC.)
DOC. NO. 2007049657
0.P.R. W. C. T.
EASEMENT
0.124 ACRES
5,412 SO. FT.
N 16°17'26" W
82.42'
FINAL PLAT OF
SONOMA SECTION 12
CAB. Z, SLDS. 347-348
P.R.W.C.T.
LOT 46. BLOCK F
(N 88°47'41" E-192.74')
N 87°24'13" E 57.56'
PULTE HOMES OF TEXAS, L.P.
(REMAINDER OF 8.856 AC.)
TRACT 48
DOC. NO. 2000006058
0.P.R.W.C.T.
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 UNDER MY DIRECT
SUPERVISION.
/ 9rnz
_3,13M. STEPHEN TRUESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (5121238-1200, FAX (S12) 238-1251
135.18'
LOT 62
LOT 77, BLOCK F
SONOMA HOMEOWNERS
ASSOCIA TION
\DOC. NO. 2006104925
OPRWN ....C.T.
FINAL PLAT OF
\, SONOMA SECTION 12
N ' CAB. Z, SLDS. 347-348
VOult P.R.W.C.T.
cP
VI
• _A ;,-
LP sp.
r?'
--A
WHJ, LLC.
DOC. NO. 2008000756
0.P.R.W.C. T.
EASEMENT
0.124 ACRES
5,412 SQUARE FEET
RJ
PAGE 2 OF 2
Title:
Date: 04-18-2013
Scale: 1 inch = 20 feet
File: SONOMA-DESC.des
Tract I: 0.124 Acres: 5412 Sq Feet: Closure = s05.4058e 0.00 Feet: Precision =1.96188: Perimeter = 358 Feet
001=N87.2413E 135.18 003=N16.1726W 82.42
002=S52.4236W 140.68
Title:
Date: 04-18-2013
Scale: 1 inch = 30 feet
File: SONOMA-SKETCH.des
Tract 1: 0.124 Acres: 5412 Sq Feet: Closure = s05.4058e 0.00 Feet: Precision =1'96188: Perimeter = 358 Feet
001=N87.2413E 135.18 003=N16.1726W 82.42
002=S52.4236W 140.68
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014013267
02/27/2014 01:15 PM
MARIA $49.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664