R-13-06-13-G2 - 6/13/2013RESOLUTION NO. R -13-06-13-G2
WHEREAS, the City desires to acquire an easement interest in the tract(s) of land described in
Exhibit "A" to the Possession and Use Agreement for the Brushy Creek Regional Trail Gap Project,
and
WHEREAS, John Bolt Harris, Susan Hickox Harris, and the Hickox Family Living Trust, the
owners of the property ("Owners"), have agreed to allow possession of said property to the City, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Possession
and Use Agreement with Owners, for the use of the above described property, a copy of said
agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of June, 2013.
City of Round Rock, Texas
ATTEST:
IAVA&tf:::
SARA L. WHITE, City Clerk
0: \wdox\SCCInt s\0112\ l 304\MONICIPAL\00276077.DOC
EXHIBIT
Brushy Creek Gaps Trail—Harris
POSSESSION AND USE AGREEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS John Bolt Harris, Susan Hickox Harris, and the Hickox Family Living Trust,
whose address is 2704 Cherry Lane, Austin, Texas 78703 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, THE CITY OF ROUND ROCK, TEXAS, " GRANTEE", plans to acquire
an easement 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 the Brushy Creek Gaps Trail ("Project")
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of ONE HUNDRED ELEVEN THOUSAND,
THREE HUNDRED FORTY-FIVE AND NO/100 ($111,345.00), GRANTOR has GRANTED
and CONVEYED and by these presents does GRANT and CONVEY 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, or that any necessary and proper releases will be executed for the Property prior
to or simultaneously with the first payment of funds being disbursed under this agreement. The
GRANTOR fiu-ther agrees to indemnify the GRANTEE from all unreleased or undisclosed liens,
claims or encumbrances that are known to GRANTEE and that affect the Property. This
conveyance is made by GRANTOR and accepted by GRANTEE 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; and
C. easements, restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances, and encumbrances for taxes and assessments (other than liens
and conveyances) that affect the Property and are presently of record in the
Official Public Records of the county in which the Property is located, but only to
the extent that said items are stilt valid and in force and effect at this time.
00275340.docljmr
It is expressly agreed, acknowledged, and understood that the consideration paid
hereunder shall be credited against, applied towards, and offset from any consideration to be paid
in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of
the award of the Special Commissioners or subsequent judgment in any condemnation
proceeding for the acquisition of the property interests described in Exhibit "A", and any other
real property situated on Exhibit "A" or on the remainder property adjacent to Exhibit "A" to be
acquired from GRANTOR.
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted are assignable and shall be used by the GRANTEE, its employees,
agents, contractors 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. Utility
relocation, if any, shall include, but not be limited to, the relocation of water and wastewater
lines, electrical lines, cable television lines, telephone lines, gas lines, and their attendant
facilities on the property described in Exhibit "A".
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 traffic 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
the remaining 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 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 Agreement by all of
the parties.
4. This Agreement shall be binding upon the heirs, devisees, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically, GRANTOR's heirs,
devisees, executors, administrators, legal representatives, successors or assigns are bound
by terms of this agreement which state that the consideration paid hereunder to Grantor
shall be credited against, applied towards, and offset from any consideration to be paid in
satisfaction of an agreed purchase price under a contract and conveyance or in
satisfaction of the award of the Special Commissioners or subsequent judgment in any
condemnation proceeding for the acquisition of the property described herein, whether
said Grantor is or is not the owner of said property, now or in the future.
5. The easements, rights and privileges granted herein are exclusive, and GRANTOR
covenants that they will not convey any other easement or conflicting rights within the
premises covered by this grant, without the express written consent of GRANTEE, which
consent shall not be unreasonably withheld. GRANTEE shall have the right to review
any proposed easement or conflicting use of the easement to determine the effect, if any,
on the facilities contemplated herein. Prior to granting its consent for other easements,
GRANTEE may require reasonable safeguards to protect the integrity of the facilities
thereon. 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 2008 Enterprise Drive, Round Rock,
Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten
(10) days in which to respond in writing granting consent, conditioning consent upon
reasonable safeguards, or denying consent.
6. GRANTOR and GRANTEE agree to schedule the Special Commissioners' hearing
within sixty days (60) of the execution of this agreement unless extended by written
agreement of both parties.
7. GRANTEE has attached a Trail Easement to its Plaintiff's First Amended Petition
describing the easement interest and rights GRANTEE is seeking in its condemnation
proceeding. The terms of the Trail Easement shall be made a part of this agreement.
TO HAVE AND TO HOLD the possession of the above-described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows
of no persons or business entity owns a present possessory interest in the fee title to the above-
described premises other than GRANTOR, and that there are no parties in possession of any
portion of the referenced real property as lessees other than identified herein.
Executed this the day of , 2013.
(Signatures on the following page.)
3.
GRANTOR: Address: 2704 Cherry Lane
Austin, `texas 78703
J n Boit l larris
S�ffii arris
The Hickox Family living Trust
By:
George Keyes Ifickox, Sr., "Trustee
GRANTEE:
CITY 01= ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Alatl McGraw, Mayor Round Rock, Texas 78664
ACKNOWIXDGHENT
STATE OF TEXAS
COUNTY OC- -TrYtt/iI s
This insirutltcnt was acknowledged before nye on this thed�d of rn 2013
by -John Bolt Harris, in lite capacity and for the purposes and consideration recited her n.
JP+�T�y4
EMILY K, MOSEL i�`ota'' Pl '
Shite of
Notary Public, Stnloar Texas
My Commission Expires rated Nanl@: i
Fabrucary 25, 2014 My Commission EX % i
4.
ACKNOWLEDGMENT
STATE OF TEXAS
C OUNTY OF yuvj
r
This instrument was acknowledged before me on this the & dkay of , 201.3
by Susan I Iickox Harris, in the capacity and For the purposes and consideration recite erein.
."�nnr
�,7"
EMILY K- STROBEt
+6
;° i Notary Public, State a1 T4xa5 (7tArti` U I "State. Of
+ ` 4'iy remmission Expires ed NS
�onnN� F9t�fUdly 25, 2014
My Commission Expih
ACKNOWLEDGMENT
STATE OF'I ERAS
COUNTY OF
This
This instrument was acknowledged before me on this the ^ day of . 2013
by George. Keyes Hickox, Sr, in the capacity and for the purposes and consideration recited
herein.
Notary Public, Slate or
Printed Name:
My Commission Expires:
5,
2013.05-23 09:18 Wells Pergo
GRANTOR.—
John Bolt Harris
Susan Hickox Harris
The Hickox Family Living Trust
13y:
George Ke i ickox, Sr., Trustee
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
STATE OF TEXAS
COUNTY OF
713 365 0533 >y 5124809955 P 1/2
Address: 2704 Cherry Lane
Austin, Texas 78703
Address: 221 E. Main Street
Round Rack, Tcxas 78664
ACXN0WLE)C QMNT
This instrument was acknowledged before me on this the — day of .2013
by John Bolt Harris, in the, capacity and for the purposes and consideration recited herein.
Notary Public, State of
Printed Name:
My Commission Expires:
4.
2013.05-23 04:18 Wells Fargo 713 365 0533 >> 5124609455 R 2/2
ACKNOW ,EDGM> i -
STATE OF TEXAS
COUNTY OF
This instrument was acknowiedged before mo on this the .._ day of _ , 2013
by Susan Hickox Harris, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of
Printcd Narrtes
My Commission expimes:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged bcforc me on this the L5day of !" , 2013
by George Keyes Hickox, Sr, in the capacity and for the purposes and consideration recited
herein.
&,my
VAN LIM
NaWry Pubifc
STA E OF Tp3WS wmm. Exp. 84-16
Notary Public~ Stateo
Printed Name:
My Commission Expires;
�(u'r/ IL
S.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of ,
2013, by Alan McGraw, Mayor of the City of Round Rock, Texas, in the capacity and for the
purposes and consideration recited herein.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
6.
Page 1 of 4
EXHIBIT "All
DATE: 12/04/2012
JOHN BOLT HARRIS, SUSAN HICKOX HARRIS
AND THE HICKOX FAMILY LIVING TRUST PARCEL
DESCRIPTION OF A CENTERLINE FOR A 50 FOOT WIDE STRIP OF LAND SITUATED IN
THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT 107.17 ACRE TRACT OF LAND
CONVEYED TO JOHN BOLT HARRIS, SUSAN HICKOX HARRIS AND THE HICKOX
FAMILY LIVING TRUST BY INSTRUMENTS RECORDED IN VOLUME 2325, PAGE 245 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND IN DOCUMENT NO.
2006053683 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 50 FOOT WIDE STRIP OF LAND BEING PARALLEL TO AND 25 FEET EACH SIDE
OF THE HEREIN DESCRIBED CENTERLINE; SAID CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod found for the northeast corner of that tract of land conveyed to Charles Dumas
and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of
Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County,
Texas, same being the northwest corner of said remainder tract, being in the south Right -of -Way line of the Union
Pacific Railroad Company (formerly Missouri Pacific Railroad and originally the International and Great Northern
Railroad) (100 foot Right -of -Way Width);
THENCE with the common boundary line of said Dumas tract and the said remainder tract,
S 02004'00" E, for a distance of 1129.84 feet to the calculated POINT OF BEGINNING of the herein described
centerline;
THENCE, departing said common line, through the interior of said remainder tract the following twenty-three (23)
courses and distances:
1. Along a curve to the right, having a radius of 100.00 feet, a central angle of 21042'18", an are length of 37.88
feet, and a chord which bears N 84145'30" E for a distance of 37.66 feet to a calculated point of tangency;
2. S 84°23'21" E for a distance of 51.44 feet to a calculated point of curvature;
3. Along a curve to the left, having a radius of 100.00 feet, a central angle of 25°33'01 ", an arc length of 44.59 feet,
and a chord which bears N 82°50'08" E for a distance of 44.23 feet to a calculated point of reverse curvature;
4. Along a curve to the right, having a radius of 100.00 feet, a central angle of 27017'02", an arc length of 47.62
feet, and a chord which bears N 83042'09" E for a distance of 47.17 feet to a calculated point of compound
curvature;
5. Along a curve to the right, having a radius of 380,00 feet, a central angle of 29°36'27", an arc length of 196.36
feet, and a chord which bears S 67°51'07" E for a distance of 194.19 feet to a calculated point of reverse
curvature;
6. Along a curve to the left, having a radius of 150.00 feet, a central angle of 37056'54", an arc length of 99.35 feet,
and a chord which bears S 72°01'21" E for a distance of 97.54 feet to a calculated point of reverse curvature;
7. Along a curve to the right, having a radius of 100.00 feet, a central angle of 29055'25", an arc length of 52.23
feet, and a chord which bears S 76°02'06" E for a distance of 51.64 feet to a calculated point of non -tangency;
8. S 64019'07" E for a distance of 50.95 feet to a calculated angle point;
9. S 71022'44" E for a distance of 220.03 feet to a calculated angle point;
10. S 77040'56" E for a distance of 136.31 feet to a calculated point of curvature;
i1.Along a curve to the right, having a radius of 100.00 feet, a central angle of 29°39'10", an arc length of 51.75
feet, and a chord which bears S 62047'53" E for a distance of 51.18 feet to a calculated point of reverse
curvature;
12.Along a curve to the left, having a radius of 100.00 feet, a central angle of 59033'28", an are length of 103.95
feet, and a chord which bears S 77°45'02" E for a distance of 99.33 feet to a calculated point of reverse
curvature;
Page 2 of 4
DATE: 12/0412012
13.Along a curve to the right, having a radius of 100.00 feet, a central angle of 30030'44", an are length of 53.25
feet, and a chord which bears N 87°43'36" E for a distance of 52.63 feet to a calculated point of non -tangency;
14. S 77000'38" E for a distance of 323.55 feet to a calculated point of curvature;
15. Along a curve to the right, having a radius of 167.73 feet, a central angle of 11°34'53", an arc length of 33.90
feet, and a chord which bears S 71°13'11" E for a distance of 33.85 feet to a calculated point of tangency;
16. S 65025'45" E for a distance of 84.40 feet to a calculated angle point;
17.S 70033'45" E for a distance of 177.30 feet to a calculated angle point;
18.S 77°54'11" E for a distance of 72.65 feet to a calculated point of curvature;
19.Along a curve to the left, having a radius of 300.00 feet, a central angle of 14°41'28", an arc length of 76.92 feet,
and a chord which bears S 89024'54" E for a distance of 76.71 feet to a calculated point of reverse curvature;
20.Along a curve to the right, having a radius of 200.00 feet, a central angle of 51049'18", an arc length of 180.89
feet, and a chord which bears S 70°50'58" E for a distance of 174.79 feet to a calculated point of tangency;
21. S 44°56'19" E for a distance of 74.46 feet to a calculated point of curvature;
22.Along a curve to the left, having a radius of 100.00 feet, a central angle of 46015'04", an are length of 80.72 feet,
and a chord which bears S 68°03'51" E for a distance of 78.55 feet to a calculated point of tangency;
23. N 88°48'37" E for a distance of 51.07 feet to the calculated POINT OF TERMINATION, being in the common
boundary line of the remainder of that 157.385 acre tract (Tract 1) of land conveyed to Bison Tract 79, LTD., by
instrument recorded in Document No. 2007049657 of the Official Public Records of Williamson County, Texas,
and described in Document No. 1999047747 of the Official Public Records of Williamson County, Texas, and
said remainder of 107.17 acre tract, and from which the southeast corner of said remainder of 107.17 acre tract,
same being the southwest corner of said remainder of 157.385 acre tract, being also the approximate centerline
of Brushy Creek bears S 00°10'28" E (Record) (Bearing Basis), with said common boundary line, 822.54 feet,
and also from which an iron rod found with plastic cap stamped "B -A", being the southeast corner of that 4.42
acre tract of land conveyed to Thomas P. & Christel Elrod by instrument recorded in Volume 1813, Page 540 of
the Official Records of Williamson County, Texas, bears N 00°10'28" W (Record) (Bearing Basis), with said
common boundary line, 10.00 feet, and S 89°09'34" E (Record) with the common boundary line of said 4.42 acre
tract and said remainder of 157.385 acre tract, 315.38 feet (Record);
This property description is accompanied by a separate exhibit plat.
That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct to the best of my knowledge and belief and that the property described herein was determined
partially by a survey made on the ground under my direction and supervision and partially from record information.
S MY HAND AND SEAL at. and Rock, Williamson County, Texas.
wrence M. Russo I
Registered Professional Land Surve or No. 5050
Inland Geodetics, L.P.
Firm Reg. No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
Date
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City of Round Rock
ROUNDROQC7EXAS
ewroa w,mon vrosrum
Agenda Item Summary
Agenda Number: G.2
Title: Consider a resolution authorizing the Mayor to execute a Possession and
Use Agreement with John Bolt Harris, Susan Hickox Harris and the Hickox
Family Living Trust for the Brushy Creek Regional Trail Gap Project.
Type: Resolution
Governing Body: City Council
Agenda Date: 6/13/2013
Dept Director: Rick Atkins, Parks & Recreation Director
Cost: $111,345.00
Indexes: General Self -Financed Construction
Attachments: Resolution, Exhibit A
Text of Legislative File 13-413
This item is to consider executing a Possession and Use Agreement with John Bolt Harris, Susan
Hickox Harris, and the Hickox Family Living Trust. This property is needed for construction of the
Brushy Creek Regional Trail Gap.
Cost: $111,345.00
Source of funds: Combination of General Self -Financed Construction, Grant funds, and
Williamson County participation
Staff recommends approval
City of Round Rock Page 1 Printed on 8/8/2013
� J F
x °� � o
Brushy Creek Gaps Trail—Harris
POSSESSION AND USE AGREEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS John Bolt Harris, Susan Hickox Harris, and the Hickox Family Living Trust,
whose address is 2704 Cherry Lane, Austin, Texas 78703 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, THE CITY OF ROUND ROCK, TEXAS, " GRANTEE", plans to acquire
an easement 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 the Brushy Creek Gaps Trail ("Project")
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of ONE HUNDRED ELEVEN THOUSAND,
THREE HUNDRED FORTY-FIVE AND NO/100 ($111,345.00), GRANTOR has GRANTED
and CONVEYED and by these presents does GRANT and CONVEY 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, or that any necessary and proper releases will be executed for the Property prior
to or simultaneously with the first payment of funds being disbursed under this agreement. The
GRANTOR further agrees to indemnify the GRANTEE from all unreleased or undisclosed liens,
claims or encumbrances that are known to GRANTEE and that affect the Property. This
conveyance is made by GRANTOR and accepted by GRANTEE 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; and
easements, restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances, and encumbrances for taxes and assessments (other than liens
and conveyances) that affect the Property and are presently of record in the
Official Public Records of the county in which the Property is located, but only to
the extent that said items are still valid and in force and effect at this time.
00275340.doc/jmr
¢-13- NO- (3 -&AZ-
It is expressly agreed, acknowledged, and understood that the consideration paid
hereunder shall be credited against, applied towards, and offset from any consideration to be paid
in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of
the award of the Special Commissioners or subsequent judgment in any condemnation
proceeding for the acquisition of the property interests described in Exhibit "A", and any other
real property situated on Exhibit "A" or on the remainder property adjacent to Exhibit "A" to be
acquired from GRANTOR.
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted are assignable and shall be used by the GRANTEE, its employees,
agents, contractors 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. Utility
relocation, if any, shall include, but not be limited to, the relocation of water and wastewater
lines, electrical lines, cable television lines, telephone lines, gas lines, and their attendant
facilities on the property described in Exhibit "A".
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 traffic 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
the remaining 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 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.
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 Agreement by all of
the parties.
4. This Agreement shall be binding upon the heirs, devisees, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically, GRANTOR's heirs,
devisees, executors, administrators, legal representatives, successors or assigns are bound
by terms of this agreement which state that the consideration paid hereunder to Grantor
shall be credited against, applied towards, and offset from any consideration to be paid in
satisfaction of an agreed purchase price under a contract and conveyance or in
satisfaction of the award of the Special Commissioners or subsequent judgment in any
condemnation proceeding for the acquisition of the property described herein, whether
said Grantor is or is not the owner of said property, now or in the future.
5. The easements, rights and privileges granted herein are exclusive, and GRANTOR
covenants that they will not convey any other easement or conflicting rights within the
premises covered by this grant, without the express written consent of GRANTEE, which
consent shall not be unreasonably withheld. GRANTEE shall have the right to review
any proposed easement or conflicting use of the easement to determine the effect, if any,
on the facilities contemplated herein. Prior to granting its consent for other easements,
GRANTEE may require reasonable safeguards to protect the integrity of the facilities
thereon. 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 2008 Enterprise Drive, Round Rock,
Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten
(10) days in which to respond in writing granting consent, conditioning consent upon
reasonable safeguards, or denying consent.
6. GRANTOR and GRANTEE agree to schedule the Special Commissioners' hearing
within sixty (601 of the execution of this agreement unless extended by written agreement
of both parties. NCtAIA, r
7. GRANTEE has attached a Trail Easement to its Plaintiff's First Amended Petition
describing the easement interest and rights GRANTEE is seeking in its condemnation
proceeding. The terms of the Trail Easement shall be made a part of this agreement.
TO HAVE AND TO HOLD the possession of the above-described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows
of no persons or business entity owns a present possessory interest in the fee title to the above-
described premises other than GRANTOR, and that there are no parties in possession of any
portion of the referenced real property as lessees other than identified herein.
Executed this the day of , 2013.
(Signatures on the following page.)
3.
GRANTOR:
I�L &e -t
J n Bolt Harris
`irS
Su an Hickox Harris
The Hickox Family Living Trust
George Keyes Hickox, Sr., Trustee
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
V-ki ems, r
� y�r fin►- l�
STATE OF TEXAS
COUNTY OF 'Fna I S
Address: 2704 Cherry Lane
Austin, Texas 78703
Address: 221 E. Main Street
Round Rock, Texas 78664
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the Za y of �i , 2013
by John Bolt Harris, in the capacity and for the purposes and consideration recited her n.
EMILY K. STROBEL
Nota P ,State of
?`. Notary Public, State of Texas
?.�. My Commission Expires nted Name: 'r
0 �E •�• February 28, 2014
�,,•••• My Commission Ex ' �
4.
GRANTOR:
John Bolt Harris
Susan Hickox Harris
The Hickox Family Living Trust
By:� S
George Ke 'ckox, 4T.st
GRANTEE:
CITY OF ROUND ROCK, TEXAS
1.0
Alan McGraw, Mayor
STATE OF TEXAS
COUNTY OF
Address: 2704 Cherry Lane
Austin, Texas 78703
Address
ACKNOWLEDGMENT
221 E. Main Street
Round Rock, Texas 78664
This instrument was acknowledged before me on this the _ day of .2013
by John Bolt Harris, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of
Printed Name:
My Commission Expires:
4.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF MV IS
rd
This instrument was acknowledged before me on this the a3 day of , 2013
by Susan Hickox Harris, in the capacity and for the purposes and consideration recite erein.
r.;;�►•,;, EMILY K. STROBEL
4A Notary Public, State of Texas Otary U r , State of
My Commission Expiresed Na
i,* February 25, 2014
My Commission Expirl
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
s:
alaslaoi-4
This instrument was acknowledged before me on this the _ day of , 2013
by George Keyes Hickox, Sr, in the capacity and for the purposes and consideration recited
herein.
Notary Public, State of
Printed Name:
My Commission Expires:
5.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the _ day of , 2013
by Susan Hickox Harris, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of
Printed Name:
My Commission Expires:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the ZSday of 2013
by George Keyes Hickox, Sr, in the capacity and for the purposes and considerafion
herein.
&,MY
VAN UM
Notary Public
STATE OF TEXAS comm, EM. 64-16
4- -.#,% z
Notary Public, State o
Printed Name:
My Commission Expires:
f ("5-1 t`
5.
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _PA—day of V►{i ,
2013, by Kris Whitfield, Mayor Pro -Tem of the City of Round Rock, Texas, in the capacity and for the
purposes and consideration recited herein.
ARN SARA LEIGH WHITE
y= MY COMMISSION EXPIRES
July 11, 2016
C44� -, 6AW7
Notary Public, State of Texas
Printed Name: `
My Commission Expires: u
Page 1 of 4
DATE: 1210412012
EXHIBIT "All
JOHN BOLT HARRIS, SUSAN HICKOX HARRIS
AND THE HICKOX FAMILY LIVING TRUST PARCEL
DESCRIPTION OF A CENTERLINE FOR A 50 FOOT WIDE STRIP OF LAND SITUATED IN
THE P. A. HOLDER SURVEY, ABSTRACT NO, 297 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT 107.17 ACRE TRACT OF LAND
CONVEYED TO JOHN BOLT HARRIS, SUSAN HICKOX HARRIS AND THE HICKOX
FAMILY LIVING TRUST BY INSTRUMENTS RECORDED IN VOLUME 2325, PAGE 245 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND IN DOCUMENT NO.
2006053683 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 50 FOOT WIDE STRIP OF LAND BEING PARALLEL TO AND 25 FEET EACH SIDE
OF THE HEREIN DESCRIBED CENTERLINE: SAID CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod found for the northeast corner of that tract of land conveyed to Charles Dumas
and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of
Williamson County, Texas, and described in Volume 324. Page 20 of the Deed Records of Williamson County,
Texas, same being the northwest corner of said remainder tract, being in the south Right -of -Way line of the Union
Pacific Railroad Company (formerly Missouri Pacific Railroad and originally the International and Great Northern
Railroad) (100 foot Right -of -Way Width);
THENCE with the common boundary line of said Dumas tract and the said remainder tract,
S 02°04'00" E, for a distance of 1129.84 feet to the calculated POINT OF BEGINNING of the herein described
centerline;
THENCE, departing said common line, through the interior of said remainder tract the following twenty-three (23)
courses and distances:
1. Along a curve to the right, having a radius of 100.00 feet, a central angle of 21042'18", an arc length of 37.88
feet, and a chord which bears N 84°45'30" E for a distance of 37.66 feet to a calculated point of tangency:
2. S 84°23'21" E for a distance of 51.44 feet to a calculated point of curvature;
3. Along a curve to the left, having a radius of 100.00 feet, a central angle of 25°33'01 ", an arc length of 44.59 feet.
and a chord which bears N 82°50'08" E for a distance of 44.23 feet to a calculated point of reverse curvature;
4. Along a curve to the right, having a radius of 100.00 feet, a central angle of 27°17'02", an arc length of 47.62
feet, and a chord which bears N 83°42'09" E for a distance of 47.17 feet to a calculated point of compound
curvature;
5. Along a curve to the right, having a radius of 380.00 feet. a central angle of 29°36'27", an arc length of 196.36
feet, and a chord which bears S 67°51'07" E for a distance of 194.19 feet to a calculated point of reverse
curvature;
6. Along a curve to the left, having a radius of 150.00 feet, a central angle of 37056'54", an arc length of 99.35 feet.
and a chord which bears S 72°01'21" E for a distance of 97.54 feet to a calculated point of reverse curvature:
7. Along a curve to the right, having a radius of 100.00 feet. a central angle of 29°55'25", an arc length of 52.23
feet, and a chord which bears S 76°02'06" E for a distance of 51.64 feet to a calculated point of non -tangency:
8. S 64°19'07" E for a distance of 50.95 feet to a calculated angle point;
9. S 71°22'44" E for a distance of 220.03 feet to a calculated angle point;
10. S 77°40'56" E for a distance of 136.31 feet to a calculated point of curvature;
11 Along a curve to the right, having a radius of 100.00 feet, a central angle of 29°39'10", an arc length of 51.75
feet, and a chord which bears S 62°47'53" E for a distance of 51.18 feet to a calculated point of reverse
curvature;
12.Along a curve to the left, having a radius of 100.00 feet, a central angle of 59°33'28", an arc length of 103.95
feet, and a chord which bears S 77'45'02" E for a distance of 99.33 feet to a calculated point of reverse
curvature;
Page 2 of 4
DATE: 12104/2012
13.Along a curve to the right, having a radius of 100.00 feet, a central angle of 30°30'44", an arc length of 53.25
feet, and a chord which bears N 87°43'36" E for a distance of 52.63 feet to a calculated point of non -tangency;
14. S 77000'38" E for a distance of 323.55 feet to a calculated point of curvature;
15. Along a curve to the right, having a radius of 167.73 feet, a central angle of 11°34'53", an arc length of 33.90
feet, and a chord which bears S 71°13'11" E for a distance of 33.85 feet to a calculated point of tangency;
16. S 65025'45" E for a distance of 84.40 feet to a calculated angle point;
17. S 70°33'45" E for a distance of 177.30 feet to a calculated angle point;
18. S 77°54'11" E for a distance of 72.65 feet to a calculated point of curvature;
19. Along a curve to the left, having a radius of 300.00 feet,. a central angle of 14°41'28", an arc length of 76.92 feet,
and a chord which bears S 89°24'54" E for a distance of 76.71 feet to a calculated point of reverse curvature;
20. Along a curve to the right, having a radius of 200.00 feet, a central angle of 51149'18", an arc length of 180.89
feet, and a chord which bears S 70150'58" E for a distance of 174.79 feet to a calculated point of tangency;
21. S 44056'19" E for a distance of 74.46 feet to a calculated point of curvature;
22. Along a curve to the left, having a radius of 100.00 feet, a central angle of 46°15'04", an arc length of 80.72 feet,
and a chord which bears S 68°03'51" E for a distance of 78.55 feet to a calculated point of tangency;
23. N 88°48'37" E for a distance of 51.07 feet to the calculated POINT OF TERMINATION, being in the common
boundary line of the remainder of that 157.385 acre tract (Tract 1) of land conveyed to Bison Tract 79, LTD., by
instrument recorded in Document No. 2007049657 of the Official Public Records of Williamson County, Texas,
and described in Document No. 1999047747 of the Official Public Records of Williamson County, Texas, and
said remainder of 107.17 acre tract, and from which the southeast corner of said remainder of 107.17 acre tract,
same being the southwest corner of said remainder of 157.385 acre tract, being also the approximate centerline
of Brushy Creek bears S 00°10'28" E (Record) (Bearing Basis), with said common boundary line, 822.54 feet,
and also from which an iron rod found with plastic cap stamped "B -A", being the southeast comer of that 4.42
acre tract of land conveyed to Thomas P. & Christel Elrod by instrument recorded in Volume 1813, Page 540 of
the Official Records of Williamson County, Texas, bears N 00°10'28" W (Record) (Bearing Basis), with said
common boundary line, 10.00 feet, and S 89°09'34" E (Record) with the common boundary line of said 4.42 acre
tract and said remainder of 157.385 acre tract, 315.38 feet (Record);
This property description is accompanied by a separate exhibit plat.
That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct to the best of my knowledge and belief and that the property described herein was determined
partially by a survey made on the ground under my direction and supervision and partially from record information.
MY HAND AND SEAL at
Owrence M. Russo i
Registered Professional Land Surve
Inland Geodetics, L.P.
Firm Reg. No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
Rock, Williamson County, Texas,
No. 5050
Date
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