R-05-06-23-14E2 - 6/23/2005RESOLUTION NO. R -05-06-23-14E2
WHEREAS, the City of Round Rock wishes to enter into an Easement
Agreement with Maurine B. Freeman, the Estate of Marvin H. Freeman, and
the Freeman Family Trust ("Freemans") for a construction and
maintenance easement through property owned by the Freemans for the
Brushy Creek Trail East Project, 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 an Easement Agreement with Maurine B. Freeman, the
Estate of Marvin H. Freeman, and the Freeman Family Trust, a copy of
same 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 23rd day of June, 2005.
ATTEST:
WELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret- 'y
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50623E2.WPD/SC
EASEMENT AGREEMENT
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Easement Agreement ("Agreement") is made as of the 7 day of A -r jR j X005,
by and between MAURINE B. FREEMAN (also known as "Maurine Vera Freeman", "Vera
Freeman" and "Vera Maureen Freeman"), individually and as Independent Executrix of the Estate of
Marvin Freeman, Deceased; THE FREEMAN FAMILY TRUST, a trust estate created under the will
of Marvin Freeman, Deceased, and Harry M. Whittington, agent and attorney for Maureen B.
Freeman under Power of Attorney dated June 21, 1994, and as trustee of said trust estate
(collectively referred to as "Grantor") and the CITY OF ROUND ROCK, a Texas municipal
corporation, whose offices are located at 221 E. Main Street, Round Rock, Williamson County,
Texas ("Grantee").
RECITALS:
WHEREAS, Marvin and Maurine B. Freeman were the parents of Joe Freeman, who died on
January 26, 1998, and in whose memory they had planned to give a portion of their land (described
herein as "Property") for a public park along Brushy Creek; and
WHEREAS, Grantee has been negotiating with Grantor over several years for the acceptance,
conveyance and use of said Property consisting of approximately 47.69 acres for a public park and
related purposes; and
WHEREAS, Grantee agrees that the grant of the easements herein described along with the
donation and acceptance of said land being negotiated for use as a public park shall fulfill the
parkland requirements for the remaining portion of the Property, if and when the remaining portion
of the Property is platted in accordance with the subdivision provisions of the City of Round Rock
Code of Ordinances, regardless of whether it is platted and subdivided by Grantor or Grantor's
successors or assigns; and
WHEREAS, Grantee is investing approximately $1.5 million on a regional park trail system
(a hike and bike trail) which will encompass various tracts of land along Brushy Creek on the north
side of Grantor's Property for the benefit of its citizens, as more particularly described in Exhibit "A"
attached hereto and incorporated herein ("Project"); and
WHEREAS, until the donation of the land for the public park has been formally made, it is
necessary for Grantee to begin construction of the Project and undertake certain construction
activities on Grantor's Property; and
WHEREAS, in furtherance of the plan and intention of Marvin and Maureen Freeman to
donate a portion of their land for a park in memory of their son for use by the public under the
00083651
EXHIBIT
te A"
control and supervision of the Grantee, and as a part of the Project, it is agreed that both a permanent
and a temporary construction and access easement shall be granted, which easements shall be subject
to the terms hereinafter set forth; and
WHEREAS, Grantee's acceptance of this easement shall be a part of the initial construction
of the work necessary for the eventual completion of a public park in memory of Marvin and
Maureen Freeman's son, the specifications of which shall be agreed upon and set forth in subsequent
documents between the parties.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby GRANTS AND CONVEYS to Grantee a permanent public
access easement for the Project along with a temporary construction and access easement to do all
such activities necessary to accomplish completion of the Project, all of which rights herein granted
being solely for the benefit and enjoyment of the public; this grant being expressly subject to the
following terms and conditions:
I. EASEMENT
1.1. Easement Property. The permanent easement herein granted is a 4.52 acre tract of
land, approximately fifty-four (54) feet in width, being more particularly described by metes and
bounds in Exhibit "B" attached hereto and made a part hereof for all purposes.
See "Sketch to Accompany Description" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, showing such easement.
1.2. Property. By deed dated March 7, 1944, Marvin and Maurine Freeman acquired a
240 acre tract of land out of the Joseph Marshall Survey, Abstract No. 409, in Williamson County,
Texas, as recorded in Volume 343, Page 230, of the Official Public Records of Williamson County.
On the 3rd day of January, 1994, Marvin and Maurine Freeman sold and conveyed 160 acres of said
tract to Forest Ridge Investment, Ltd. which deed is of record in Volume 2453, Page 431 of said
records. The remaining 157.942 acres of said 240 acre tract is owned in equal undivided interests by
Maurine B. Freeman in her individual capacity and the Freeman Family Trust whose lifetime
beneficiary is Maurine B. Freeman, and whose remaindermen are Dr. A.A. LaLonde and the
Covenant Presbyterian Church of Austin, Texas. The land which will be donated for a public park in
memory of Joe Freeman is to be the north portion of the 157.942 acre tract adjoining Brushy Creek.
1.3. Easement Purpose. For the ingress to and egress by means of a fifty-four (54) foot
wide hike and bike trail including the disassembling, removal, take down and clearing away of any
fences, barricades or other structures which obstruct, prevent or hinder Grantee's ingress and egress
across Grantor's Property; and the grading for, construction, maintaining and using said trail and
related facilities on and across the Property as Grantee may deem necessary in the exercise of the
right of ingress and egress.
2
1.4. Exceptions to Warranty. This conveyance is made and accepted subject to any and all
conditions and restrictions, if any, relating to the hereinabove described Property to the extent, and
only to the extent, that the same may still be in force and effect and shown of record in the office of
the County Clerk of Williamson County, Texas.
1.5. Grant of Easement. Grantor, for the consideration and subject to the Exceptions to
Warranty, grants and conveys to Grantee and Grantee's heirs, successors, and assigns a perpetual
easement in upon, over, under, above and across the Easement Property for the Easement Purpose,
together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns
to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors,
and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part
of the Easement, except as to the Exceptions to Warranty, to the extent that such claim arises by,
through, or under Grantor but not otherwise.
1.6. Temporary Construction and Access Easement. In addition to the foregoing, and for
the consideration set forth above, Grantor grants and conveys unto Grantee, a temporary construction
and access easement in, under, over, above and across the Property. Said temporary construction and
access easement herein granted shall be a width of fifty (50) feet located on the south side of and
adjacent to the Easement Property described in Section 1.2. above and shall include that portion of
Grantor's Property necessary to construct that portion of the hike and bike trail on the Easement
Property, including temporary use of said Property for access, storage equipment and supplies and all
necessary activities involved in the designing, grading, filling, erecting and completing such hike and
bike trail. Grantor grants such temporary construction and access easement to Grantee, its agents and
employees, with necessary equipment, to enter upon and have access to the Property owned by
Grantor, subject to the provisions of this Easement.
II. TERMS AND CONDITIONS
The following terms and conditions apply to the Easement and temporary construction and
access easement (collectively, the `Basements") granted by this agreement:
2.1. Character of Easements. The Easements are nonexclusive. The Easement is for the
benefit of Grantee and Grantee's heirs, successors, and assigns. Grantor agrees and covenants that it
will not convey any other easement or conflicting rights within the area covered by this grant without
the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantor
shall take reasonable safeguards to protect the integrity of Grantee's rights of ingress and egress. It is
understood that the rights herein granted are for public purposes to be used in connection with
Grantee's authority to provide parks, open spaces and playgrounds to benefit members of the general
public. Upon completion of the hike and bike trail and termination of the temporary construction
easement, there shall be no use of Grantor's Property authorized under this agreement except for the
Easement Property covered by the Easement granted herein.
3
2.2. Duration of Easements. The duration of the Easement is perpetual, provided
however, that said easement, rights and privileges shall cease and revert to Grantor in the event the
said hike and bike trail is abandoned, or shall cease to be used, for a period of two (2) consecutive
years. Upon cessation of use or upon abandonment, all rights granted herein to Grantee shall cease
and the Easement shall terminate. The temporary construction and access easement shall begin upon
the date construction of the Easement begins on Grantor's Property and continue so long as Grantee
is engaged in construction activities to complete the hike and bike trail. Upon completion of said
Project, the temporary construction and access easement shall terminate when all equipment,
supplies and material placed upon Grantor's Property shall be removed and the surface of said land
restored to the condition it was in prior to construction activities. The expiration of the temporary
construction and access easement shall not otherwise affect any of Grantee's easement rights.
2.3. Maintenance. Grantee agrees that it will provide the maintenance, cleaning, upkeep
and repairs necessary to keep the hike and bike trail in good and useable condition. Grantee shall
also be responsible for and provide the security necessary to assure that the hike and bike trail is built
and maintained in a safe and clean condition for those members of the public who desire to use and
enjoy the facilities. Grantee further agrees that the hike and bike trail will be limited to non -
motorized vehicles and that no use will be permitted which creates excessive noise or pollution. It is
understood that the Grantee is not obligated to fence the permanent easement, but that Grantor shall
have the continuing right to construct a fence or other barrier to limit and control any access to and
from Grantor's property. Nothing shall prevent Grantor or Grantor's heirs successors and assigns
from having access to the hike and bike trail at all times.
2.4. Joinder of Parties. The undersigned, A.A. LaLonde and the Covenant Presbyterian Church of
Austin, Texas both join in the execution of this agreement to confirm and ratify the action of the
Freeman Family Trust in granting the Easements described herein.
III. GENERAL PROVISIONS
3.1. Equitable Rights of Enforcement. These Easements may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this
agreement; provided, however, that the act of obtaining an injunction or restraining order will not be
deemed to be an election of remedies or a waiver of any other rights or remedies available at law or
in equity.
3.2. Attorney's Fees. If either party retains an attorney to enforce this Agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
3.3. Binding Effect. This Agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
4
3.4. Choice of Law. This Agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties
in which the Easement Property is located.
3.5. Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts will be
construed together and will constitute one and the same instrument.
3.6. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies
set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or
provided by law.
3.7. Further Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate to perform
the terms, provisions, and conditions of this Agreement and all transactions contemplated by this
Agreement.
3.8. Indemnity. Each party agrees to indemnify, defend, and hold harmless the other party
from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision
of this Agreement by the indemnifying party.
3.9. Integration. This Agreement contains the complete Agreement of the parties and
cannot be varied except by written Agreement of the parties. The parties agree that there are no oral
Agreements, representations, or warranties that are not expressly set forth in this Agreement.
3.10. Legal Construction. If any provision in this Agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the
parties, the unenforceability will not affect any other provision hereof, and this Agreement will be
construed as if the unenforceable provision had never been a part of the Agreement. Whenever
context requires, the singular will include the plural and neuter include the masculine or feminine
gender, and vice versa. Article and section headings in this Agreement are for reference only and are
not intended to restrict or define the text of any section. This Agreement will not be construed more
or less favorably between the parties by reason of authorship or origin of language.
3.11. Notices. Any notice required or permitted under this Agreement must be in writing.
Any notice required by this Agreement will be deemed to be delivered (whether actually received or
not) when deposited with the United States Postal Service, postage prepaid, certified mail, return
receipt requested, and addressed to the intended recipient at the address shown in this Agreement.
Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission,
or other commercially reasonable means and will be effective when actually received. Any address
for notice may be changed by written notice delivered as provided herein.
5
3.12. Recitals. Any recitals in this Agreement are represented by the parties to be accurate,
and constitute a part of the substantive Agreement.
3.13. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date
for performance will be the next following regular business day.
GRANTOR:
MAURINE B. FREEMAN
By:
Harry M. ington, her Agent and 4 orney
THE ESTATE OF MARVIN H. FREEMAN
By: t4121
Maurine . Freeman, its Executor
THE FREEMAN FAMILY TRUST
By:.
Harry
ittington, its Trustee
410
Confirmed and ratified:
By: The Covenant Presbyterian Church of
Austin
By:
Name:
Title:
I
By: (/Cufi lAiv\r/\)Zi
A.A. LaLonde
6
3.12. Recitals. Any recitals in this Agreement are represented by the parties to be accurate,
and constitute a part of the substantive Agreement.
3.13. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date
for performance will be the next following regular business day.
GRANTOR:
MAURINE 13. FREEMAN
By:
Harry M. Whittington, her Agent and Attorney
THE ESTATE OF MARVIN H. FREEMAN
By:
Maurine B. Freeman, its Executor
THE FREEMAN FAMILY TRUST
By:
Han -y M. Whittington, its Trustee
Confirmed and ratified:
By: The Covenant Presbyterian Church of
Austin
By:
6
By:
L'ttcu.Ir.
Name BRED L. GLEME.N j
Title: n t RECTO F., or A p, iTRA 1 t 0�
A.A. LaLonde
THE STATE OF TEXAS
COUNTY OF 7/. ) 5
GRANTEE:
CITY OF ROUND ROCK,
a Texas municipal corporation
By:
Name:
Title:
ACKNOWLEDGMENTS
This instrument was acknowledged before me on this the 7 day of 0d- ren s--
2005,
2005, by Harry M. Whittington as agent and attorney for Maurine B. Freeman.
•••h.
''''. DAVID M. HOLLOWAY
•
MY COMMISSION EXPIRES
March 20, 2009
THE STATE OF TEXAS
COUNTY OF f S
This instrument was acknowledge
2005, by
Freeman.
94,0„,y-
otary Public, State of Texas
efore me on this the 7 day of A -P, , ,
as
L ,c rl .f> of the Estate of Marvin H.
Ili . k),
'"•� DAVID M. HOLLOWAY
:" MY COMMISSION EXPIRES
ice•' March 20, 2009
Notary Public, State of Texas
7
THE STATE OF TEXAS
COUNTY OF ` j /J--`
§
This instrument was acknowledged before me on this the 7 day of A-p.at
2005, by Harry M. Whitington as Trustee of the Freeman Family Trust.
'"•Y'-`! DAVID M. HOLLOWAY
MY COMMISSION EXPIRES
March 20, 2009
THE STATE OF TEXAS
COUNTY OF
N/Pdo,'"
ry Public, State of Texas
This instrument was acknowledged before me on this the day of
2005, by as of the Presbyterian Church of
Austin, Texas, as remainderman for the Freeman Family Trust.
Notary Public, State of Texas
THE STATE OF TEXAS
Th4'o
COUNTY OF WilVINVIVEMIT
This instrument was acknowledged before me on this the 12— day of APPAL—.
2005, by A.A. LaLonde as remainderman for the Freeman Family Trust.
4"•; •` DAVID M. HOLLOWAY
:= MY COMMISSION EXPIRES
March 20, 2009
Notary Public, State of Texas
8
THE STATE OF TEXAS
COUNTY OF
§
This instrument was acknowledged before me on this the day of
2005, by Harry M. Whitington as Trustee of the Freeman Family Trust.
THE STATE OF TEXAS
COUNTY OF T +c..•►v s.
§
Notary Public, State of Texas
This instrument was acknowledged before me on this the ..Lt day of c'
2005, by FraciertckL..Gen,e„+ aSTirec4or Admin,s-laher,of the Presbyterian Church of
Austin, Texas, as remainderman for the Freeman Family Trust.
01111 illio
NE.LEN `,
.s �.�aTARYpU••..0
�...,
q�
TIT().F'TEAS
.,"Fi/a'10 ,`‘‘
COUNTY OF WIL.LIAMSON
§
Nota blic, State of Texas
This instrument was acknowledged before me on this the day of
2005, by A.A. LaLonde as remainderman for the Freeman Family Trust.
,Lat
Notary Public, State of Texas
8
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
This instrument was acknowledged before me on this the day of
2005, by as of the City of Round Rock.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
Attn: Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664
Notary Public, State of Texas
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Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page t of 23
DESCRIPTION
FOR A 4.52 ACRE TRACT OF LAND SITUATED IN THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A CALLED 240 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO M. H. FREEMAN AND WIFE, VERA
MAURINE FREEMAN AND RECORDED IN VOLUME 343, PAGE 230 OF
THE DEED RECORDS OF SAID COUNTY, SAID 4.52 ACRE TRACT, AS
SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point on the east line of said 240 acre tract, same being the west
line of a called 2.4643 acre tract of land as described in that deed to Whitney Partnership and
recorded in Document No. 9526622 of the Official Records of said county, for the northeast
corner and POINT OF BEGINNING hereof, from which a 1" iron pipe found for the northwest
corner of said 2.4643 acre tract, same being the south corner of a Parkland as shown in Forest
Bluff Section 1C, a subdivision recorded in Cabinet 0, Slides 346 -- 348 of the Plat Records of
said county bears, N 04° 07' 46" W for a distance of 114.69 feet;
THENCE with the east line of said 240 acre tract, same being the west line of said 2.4643 acre
tract, the following two (2) courses and distances:
1) S 04° 07' 46" E for a distance of 161.17 feet to a calculated angle point hereof, and
2) S 05° 11' 34" E for a distance of 16.91 feet a calculated point for the most easterly
southeast corner hereof;
THENCE through the interior of said 240 acre tract, the following forty-four (44) courses and
distances:
1) with the arc of a curve to the left, having a radius of 128.54 feet, an arc length of 9.62 feet,
a central angle of 04° 17' 10", and a chord which bears, S 44° 38' 31" W for a distance of
9.61 feet to a calculated point of non -tangency hereof,
b
EXHIBIT
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 2 of 23
2) S 43° 43' 52" W for a distance of 21.56 feet to a non -tangent calculated point of curvature
hereof,
3) with the arc of a curve to the right, having a radius of 107.72 feet, an arc length of
16.24 feet, a central angle of 08° 38' 10", and a chord which bears, S 42° 49' 15" W for a
distance of 16.22 feet to a calculated point of non -tangency hereof,
4) S 32° 42' 31" E for a distance of 10.85 feet to a calculated angle point hereof,
5) S 57° 17' 29" W for a distance of 20.00 feet to a non -tangent calculated point of curvature
hereof,
6) with the arc of a curve to the left, having a radius of 829.84 feet, an arc length of
51.96 feet, a central angle of 030 35' 16", and a chord which bears, S 30° 25' 22" W for a
distance of 51.96 feet to a non -tangent calculated point of reverse curvature hereof,
7) with the arc of a curve to the right, having a radius of 67.60 feet, an arc length of
101.78 feet, a central angle of 86° 15' 35", and a chord which bears, S 64° 17' 22" W for a
distance of 92.44 feet to a non -tangent calculated point of reverse curvature hereof,
8) with the arc of a curve to the left, having a radius of 66.65 feet, an arc length of 82.14 feet,
a central angle of 70° 36' 41", and a chord which bears, S 76° 50' 13" W for a distance of
77.04 feet to a non -tangent calculated point of compound curvature hereof,
9) with the arc of a curve to the left, having a radius of 415.81 feet, an arc length of
122.76 feet, a central angle of 16° 54' 57", and a chord which bears, S 39° 54' 20" W for a
distance of 122.32 feet to a non -tangent calculated point of reverse curvature hereof,
10) with the arc of a curve to the right, having a radius of 76.93 feet, an arc length of
29.62 feet, a central angle of 22° 03' 48", and a chord which bears, S 33° 16' 41" W for a
distance of 29.44 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 3 of 23
11) with the arc of a curve to the left, having a radius of 74.07 feet, an arc length of 34.72 feet,
a central angle of 26° 51' 30", and a chord which bears, S 30° 03' 12" W for a distance of
34.40 feet to a non -tangent calculated point of reverse curvature hereof,
12) with the arc of a curve to the right, having a radius of 93.08 feet, an arc length of
60.38 feet, a central angle of 37° 09' 58", and a chord which bears, S 43° 47' 53" W for a
distance of 59.33 feet to a calculated point of non -tangency hereof,
13) S 88° 15' 53" W for a distance of 98.14 feet to a non -tangent calculated point of curvature
hereof,
14) with the arc of a curve to the left, having a radius of 129.34 feet, an arc length of
30.74 feet, a central angle of 13° 37' 01", and a chord which bears, N 70° 29' 28" W for a
distance of 30.67 feet to a non -tangent calculated point of compound curvature hereof,
15) with the arc of a curve to the left, having a radius of 22.46 feet, an arc length of 33.66 feet,
a central angle of 85° 51' 52", and a chord which bears, S 71° 01' 44" W for a distance of
30.59 feet to a non -tangent calculated point of reverse curvature hereof,
16) with the arc of a curve to the right, having a radius of 134.00 feet, an arc length of
189.28 feet, a central angle of 80° 56' 01", and a chord which bears, S 69° 18' 23" W for a
distance of 173.93 feet to a calculated point of reverse curvature hereof,
17) with the arc of a curve to the left, having a radius of 234.00 feet, an arc length of
240.05 feet, a central angle of 58° 46' 35", and a chord which bears, S 80° 23' 06" W for a
distance of 229.66 feet to a calculated point of reverse curvature hereof,
18) with the arc of a curve to the right, having a radius of 344.00 feet, an arc length of
146.20 feet, a central angle of 24° 21' 05", and a chord which bears, S 63° 10' 21" W for a
distance of 145.11 feet to a calculated point of reverse hereof,
19) with the arc of a curve to the left, having a radius of 455.00 feet, an arc length of
163.11 feet, a central angle of 20° 32' 21", and a chord which bears, S 65° 04' 43" W for a
distance of 162.23 feet to a calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 4 of 23
20) with the arc of a curve to the right, having a radius of 284.00 feet, an arc length of
82.01 feet, a central angle of 16° 32' 42", and a chord which bears, S 63° 04' 53" W for a
distance of 81.72 feet to a calculated point of reverse curvature hereof,
21) with the arc of a curve to the left, having a radius of 249.00 feet, an arc length of
120.08 feet, a central angle of 27° 37' 49", and a chord which bears, S 57° 32' 20" W for a
distance of 118.92 feet to a calculated point of tangency hereof,
22) S 43° 43' 25" W for a distance of 102.33 feet to a calculated point of curvature hereof,
23) with the arc of a curve to the left, having a radius of 186.00 feet, an arc length of
103.59 feet, a central angle of 31° 54' 38", and a chord which bears, S 27° 46' 06" W for a
distance of 102.26 feet to a calculated point of reverse curvature hereof,
24) with the arc of a curve to the right, having a radius of 113.00 feet, an arc length of
80.49 feet, a central angle of 40° 48' 37", and a chord which bears, S 32° 13' 06" W for a
distance of 78.80 feet to a calculated point of reverse curvature hereof,
25) with the arc of a curve to the left, having a radius of 73.00 feet, an arc length of 65.90 feet,
a central angle of 51° 43' 26", and a chord which bears, S 26° 45' 41" W for a distance of
63.69 feet to a calculated point of reverse curvature hereof,
26) with the arc of a curve to the right, having a radius of 157.00 feet, an arc length of
62.57 feet, a central angle of 22° 50' 10", and a chord which bears, S 12° 19' 03" W for a
distance of 62.16 feet to a calculated point of reverse curvature hereof,
27) with the arc of a curve to the left, having a radius of 73.00 feet, an arc length of 24.36 feet,
a central angle of 19° 07' 15", and a chord which bears, S 14° 10' 31" W for a distance of
24.25 feet to a calculated point of reverse curvature hereof,
28) with the arc of a curve to the right, having a radius of 72.00 feet, an arc length of
35.91 feet, a central angle of 28° 34' 44", and a chord which bears, S 18° 54' 15" W for a
distance of 35.54 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 5 of 23
29) with the arc of a curve to the left, having a radius of 97.76 feet, an arc length of 35.40 feet,
a central angle of 20° 44' 48", and a chord which bears, S 19° 50' 40" W for a distance of
35.21 feet to a calculated point of reverse curvature hereof,
30) with the arc of a curve to the right, having a radius of 89.82 feet, an arc length of
80.27 feet, a central angle of 51° 12' 13", and a chord which bears, S 29° 49' 22" W for a
distance of 77.62 feet to a calculated point of non -tangency hereof,
31) S 57° 05' 13" W for a distance of 81.73 feet to a non -tangent calculated point of curvature
hereof,
32) with the arc of a curve to the left, having a radius of 770.01 feet, an arc length of
103.15 feet, a central angle of 07° 40' 31", and a chord which bears, S 54° 25' 32" W for a
distance of 103.07 feet to a calculated point of non -tangency hereof,
33) S 44° 47' 28" W for a distance of 34.74 feet to a non -tangent calculated point of curvature
hereof,
34) with the arc of a curve to the left, having a radius of 251.74 feet, an arc length of
36.69 feet, a central angle of 08° 21' 03", and a chord which bears, S 36° 32' 51" W for a
distance of 36.66 feet to a calculated point of reverse curvature hereof,
35) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
68.83 feet, a central angle of 31° 03' 04", and a chord which bears, S 46° 52' 01" W for a
distance of 67.99 feet to a calculated point of reverse curvature hereof,
36) with the arc of a curve to the left, having a radius of 87.00 feet, an arc length of 62.00 feet,
a central angle of 40° 49' 46", and a chord which bears, S 41° 58' 40" W for a distance of
60.69 feet to a calculated point of tangency hereof,
37) S 21° 33' 47" W for a distance of 93.34 feet to a non -tangent calculated point of curvature
hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 6 of 23
38) with the arc of a curve to the right, having a radius of 77.07 feet, an arc length of
76.79 feet, a central angle of 57° 05' 13", and a chord which bears, S 46° 47' 59" W for a
distance of 73.66 feet to a non -tangent calculated point of reverse curvature hereof,
39) with the arc of a curve to the left, having a radius of 101.81 feet, an arc length of
51.46 feet, a central angle of 28° 57' 38", and a chord which bears, S 68° 02' 19" W for a
distance of 50.91 feet to a non -tangent calculated point of reverse curvature hereof,
40) with the arc of a curve to the right, having a radius of 470.92 feet, an arc length of
104.40 feet, a central angle of 12° 42' 06", and a chord which bears, S 60° 43' 14" W for a
distance of 104.18 feet to a calculated point of reverse curvature hereof,
41) with the arc of a curve to the left, having a radius of 156.70 feet, an arc length of
77.45 feet, a central angle of 28° 19' 04", and a chord which bears, S 52° 54' 44" W for a
distance of 76.66 feet to a calculated point of compound curvature hereof,
42) with the arc of a curve to the left, having a radius of 47.69 feet, an arc length of 42.95 feet,
a central angle of 51° 36' 02", and a chord which bears, S 12° 57' 11" W for a distance of
41.51 feet to a calculated point of reverse curvature hereof,
43) with the arc of a curve to the right, having a radius of 141.39 feet, an arc length of
179.29 feet, a central angle of 72° 39' 06", and a chord which bears, S 23° 28' 43" W for a
distance of 167.52 feet to a calculated point of compound curvature hereof, and
44) with the arc of a curve to the right, having a radius of 140.41 feet, an arc length of
8.01 feet, a central angle of 03° 16' 13", and a chord which bears, S 58° 10' 09" W for a
distance of 8.01 feet to a calculated point on the west line of said 240 acre tract, same being
the east line of Lot 24, City of Round Rock Public Park, Lake Forest III, Village III, a
subdivision recorded in Cabinet W, Slides 31 — 33 of the Plat Records of said county, for
the southwest corner hereof, from which a nail found for an angle point on the west line of
said 240 acre tract, same being the east line of said Lot 24 bears, S 00° 49' 58" W for a
distance of 330.57 feet;
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 7 of 23
THENCE with the west line of said 240 acre tract, same being the east line of said Lot 24,
N 00° 49' 58" E for a distance of 68.36 feet to a calculated point for the most westerly northwest
corner hereof, from which a Y2" iron found for an angle point on the west line of said 240 acre
tract, same being on the east line of said Lot 24 bears, N 00° 49' 58" E for a distance of
102.13 feet;
THENCE through the interior of said 240 acre tract, the following fifty-one (51) courses and
distances:
1) with the arc of a curve to the left, having a radius of 87.39 feet, an arc length of 73.20 feet,
a central angle of 47° 59' 22", and a chord which bears, N 17° 39' 26" E for a distance of
71.08 feet to a calculated point of non -tangency hereof,
2) S 79° 08' 54" W for a distance of 3.75 feet to a calculated angle point hereof,
3) N 10° 51' 06" W for a distance of 20.00 feet to a calculated angle point hereof,
4) N 79° 08' 54" E for a distance of 4.12 feet to a non -tangent calculated point of curvature
hereof,
5) with the arc of a curve to the right, having a radius of 101.69 feet, an arc length of
81.50 feet, a central angle of 45° 55' 08", and a chord which bears, N 15° 47' 38" E for a
distance of 79.33 feet to a calculated point of compound curvature hereof,
6) with the arc of a curve to the right, having a radius of 210.70 feet, an arc length of
104.14 feet, a central angle of 28° 19' 04", and a chord which bears, N 52° 54' 44" E for a
distance of 103.08 feet to a calculated point of reverse curvature hereof,
7) with the arc of a curve to the left, having a radius of 416.92 feet, an arc length of
92.09 feet, a central angle of 12° 39' 22", and a chord which bears, N 60° 44' 35" E for a
distance of 91.91 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 8 of 23
8) with the arc of a curve to the right, having a radius of 155.81 feet, an arc length of
73.62 feet, a central angle of 27° 04' 24", and a chord which bears, N 67° 15' 17" E for a
distance of 72.94 feet to a non -tangent calculated point of reverse curvature hereof,
9) with the arc of a curve to the left, having a radius of 23.07 feet, an arc length of 22.01 feet,
a central angle of 54° 39' 52", and a chord which bears, N 42° 50' 59" E for a distance of
21.19 feet to a calculated point of non -tangency hereof,
10) N 21° 33' 47" E for a distance of 95.35 feet to a calculated point of curvature hereof,
11) with the arc of a curve to the right, having a radius of 141.00 feet, an arc length of
100.48 feet, a central angle of 40° 49' 46", and a chord which bears, N 41° 58' 40" E for a
distance of 98.37 feet to a calculated point of reverse curvature hereof,
12) with the arc of a curve to the left, having a radius of 73.00 feet, an arc length of 39.96 feet,
a central angle of 31° 21' 42", and a chord which bears, N 46° 42' 42" E for a distance of
39.46 feet to a non -tangent calculated point of reverse curvature hereof,
13) with the arc of a curve to the right, having a radius of 305.74 feet, an arc length of
86.99 feet, a central angle of 16° 18' 04", and a chord which bears, N 40° 24' 54" E for a
distance of 86.69 feet to a non -tangent calculated point of compound curvature hereof,
14) with the arc of a curve to the right, having a radius of 101.40 feet, an arc length of
30.99 feet, a central angle of 17° 30' 44", and a chord which bears, N 45° 04' 06" E for a
distance of 30.87 feet to a non -tangent calculated point of reverse curvature hereof,
15) with the arc of a curve to the left, having a radius of 331.74 feet, an arc length of
107.36 feet, a central angle of 18° 32' 35", and a chord which bears, N 44° 00' 53" E for a
distance of 106.90 feet to a calculated point of non -tangency hereof,
16) N 56° 27' 12" E for a distance of 94.51 feet to a non -tangent calculated point of curvature
hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 9 of 23
17) with the arc of a curve to the left, having a radius of 205.16 feet, an arc length of
21.67 feet, a central angle of 06° 03' 08", and a chord which bears, N 18° 01' 11" E for a
distance of 21.66 feet to a non -tangent calculated point of compound curvature hereof,
18) with the arc of a curve to the left, having a radius of 1486.35 feet, an arc length of
24.86 feet, a central angle of 00° 57' 30", and a chord which bears, N 28° 15' 39" E for a
distance of 24.86 feet to a non -tangent calculated point of compound curvature hereof,
19) with the arc of a curve to the left, having a radius of 18.00 feet, an arc length of 9.78 feet, a
central angle of 31° 08' 12", and a chord which bears, N 20° 10' 59" E for a distance of
9.66 feet to a calculated point of reverse curvature hereof,
20) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
42.38 feet, a central angle of 19° 07' 15", and a chord which bears, N 14° 10' 31" E for a
distance of 42.19 feet to a calculated point of reverse curvature hereof,
21) with the arc of a curve to the left, having a radius of 103.00 feet, an arc length of
41.05 feet, a central angle of 22° 50' 10", and a chord which bears, N 12° 19' 03" E for a
distance of 40.78 feet to a calculated point of reverse curvature hereof,
22) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
114.65 feet, a central angle of 51° 43' 26", and a chord which bears, N 26° 45' 41" E for a
distance of 110.80 feet to a calculated point of reverse curvature hereof,
23) with the arc of a curve to the left, having a radius of 59.00 feet, an arc length of 42.02 feet,
a central angle of 40° 48' 37", and a chord which bears, N 32° 13' 06" E for a distance of
41.14 feet to a calculated point of reverse curvature hereof,
24) with the arc of a curve to the right, having a radius of 240.00 feet, an arc length of
133.67 feet, a central angle of 31° 54' 38", and a chord which bears, N 27° 46' 06" E for a
distance of 131.95 feet to a calculated point of tangency hereof,
25) N 43° 43' 25" E for a distance of 102.33 feet to a calculated point of curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 10 of 23
26) with the arc of a curve to the right, having a radius of 303.00 feet, an arc length of
146.12 feet, a central angle of 27° 37' 49", and a chord which bears, N 57° 32' 20" E for a
distance of 144.71 feet to a calculated point of reverse curvature hereof,
27) with the arc of a curve to the left, having a radius of 230.00 feet, an arc length of
66.42 feet, a central angle of 16° 32' 42", and a chord which bears, N 63° 04' 53" E for a
distance of 66.19 feet to a calculated point of reverse curvature hereof,
28) with the arc of a curve to the right, having a radius of 509.00 feet, an arc length of
182.46 feet, a central angle of 20° 32' 21", and a chord which bears, N 65° 04' 43" E for a
distance of 181.49 feet to a calculated point of reverse curvature hereof,
29) with the arc of a curve to the Left, having a radius of 290.00 feet, an arc length of
123.25 feet, a central angle of 24° 21' 05", and a chord which bears, N 63° 10' 21" E for a
distance of 122.33 feet to a calculated point of reverse curvature hereof,
30) with the arc of a curve to the right, having a radius of 288.00 feet, an arc length of
176.90 feet, a central angle of 35° 11' 38", and a chord which bears, N 68° 35' 37" E for a
distance of 174.14 feet to a calculated point of non -tangency hereof,
31) N 02° 02' 15" W for a distance of 5.09 feet to a calculated angle point hereof,
32) N 88° 55' 26" E for a distance of 19.56 feet to a calculated angle point hereof,
33) S 07° 16' 07" E for a distance of 4.86 feet to a non -tangent calculated point of curvature
hereof,
34) with the arc of a curve to the right, having a radius of 288.00 feet, an arc length of
98.53 feet, a central angle of 19° 36' 10", and a chord which bears, S 80° 01' 42" E for a
distance of 98.05 feet to a calculated point of reverse curvature hereof,
35) with the arc of a curve to the left, having a radius of 80.00 feet, an arc length of
112.80 feet, a central angle of 80° 47' 09", and a chord which bears, N 69° 22' 49" E for a
distance of 103.68 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 11 of 23
36) with the arc of a curve to the right, having a radius of 107.03 feet, an arc length of
91.16 feet, a central angle of 48° 47' 50", and a chord which bears, N 58° 37' 15" E for a
distance of 88.43 feet to a non -tangent calculated point of compound curvature hereof,
37) with the arc of a curve to the right, having a radius of 113.20 feet, an arc length of
31.11 feet, a central angle of 15° 44' 44", and a chord which bears, N 89° 14' 00" E for a
distance of 31.01 feet to a calculated point of non -tangency hereof,
38) S 85° 22' 18" E for a distance of 84.05 feet to a non -tangent calculated point of curvature
hereof,
39) with the arc of a curve to the right, having a radius of 306.30 feet, an arc length of
57.49 feet, a central angle of 10° 45' 17", and a chord which bears, N 34° 32' 33" E for a
distance of 57.41 feet to a non -tangent calculated point of reverse curvature hereof,
40) with the arc of a curve to the left, having a radius of 22.93 feet, an arc length of 10.85 feet,
a central angle of 27° 06' 36", and a chord which bears, N 31° 19' 35" E for a distance of
10.75 feet to a calculated point of non -tangency curvature hereof,
41) N 27° 36' 58" E for a distance of 69.45 feet to a calculated point of curvature hereof,
42) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
27.74 feet, a central angle of 12° 30' 51", and a chord which bears, N 33° 52' 23" E for a
distance of 27.68 feet to a calculated point of tangency hereof,
43) N 40° 07' 49" E for a distance of 84.62 feet to a calculated angle point hereof,
44) N 48° 18' 41" W for a distance of 4.82 feet to a calculated angle point hereof,
45) N 41° 41' 19" E for a distance of 20.00 feet to a calculated angle point hereof,
46) S 48° 18' 41" E for a distance of 4.28 feet to a calculated angle point hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 12 of 23
47) N 40° 07' 49" E for a distance of 18.32 feet to a non -tangent calculated point of curvature
hereof,
48) with the arc of a curve to the right, having a radius of 204.12 feet, an arc length of
97.14 feet, a central angle of 27° 16' 02", and a chord which bears, N 62° 59' 02" E for a
distance of 96.23 feet to a calculated point of reverse curvature hereof,
49) with the arc of a curve to the left, having a radius of 166.67 feet, an arc length of
123.68 feet, a central angle of 42° 31' 03", and a chord which bears, N 55° 21' 31" E for a
distance of 120.86 feet to a calculated point of compound curvature hereof,
50) with the arc of a curve to the left, having a radius of 114.32 feet, an arc length of
61.56 feet, a central angle of 30° 51' 19", and a chord which bears, N 18° 40' 21" E for a
distance of 60.82 feet to a calculated point of reverse curvature hereof, and
51) with the arc of a curve to the right, having a radius of 209.69 feet, an arc length of
58.75 feet, a central angle of 16° 03' 14", and a chord which bears, N 11° 16' 18" E for a
distance of 58.56 feet to the POINT OF BEGINNING and containing 4.52 acre of land.
Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN.
Surveyed under the direct supervision of the undersigned during October, 2002:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-098-20
Filename: W:\PROJECTS\CORR\BRUSHY CREEK EAST TRAIL SYSTEM\FREEMAN EASEMENT\ FREEMAN EASEMENT.DOC
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NUMBER
LINE TABLE
N 04°.07'46" W
N 40°07'49" E
S 48°18'41" E
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N 79°08'54" E
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I N 00°49'58" E
N 00°49'58" E
S 00°49'58" W
S 44°47'28" W
0)
(7)
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W:\PROJECTS\CORK\BRUSHY CREEK EAST TRAIL SYSTEM\FREEMAN EASEMENT\FREEMAN EASEMENT.dwg (PAGE 22] April 07, 2005 - 9:40am
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CHORD
DATE: June 16, 2005
SUBJECT: City Council Meeting - June 23, 2005
ITEM: 14.E.2. Consider a resolution authorizing the Mayor to execute an Agreement
with Maurine B. Freeman, the Estate of Marvin H. Freeman, and the
Freeman Family Trust for the Brushy Creek Trail East Project.
Department: Parks and Recreation Department
Staff Person: Rick Atkins, Parks and Recreation Director
Justification:
This perpetual easement is necessary to construct the Brushy Creek East Trail Project and
maintain it after construction. Although it is perpetual in nature, it is only needed until the
property designated as future parkland is deeded to the City. The Freeman Tract is the only
portion of the trail corridor that is not owned by the City.
Funding:
Cost: $1,500,000.00
Source of funds: Williamson County Contribution &TPWD Grant
Outside Resources: Controlling Parties of the Freeman Tract
Background Information:
The Brushy Creek East Trail Project includes approximately 2 1/4 miles of hike and bike trail
with associated amenities, including several bridges, pavilions, a playground, and various site
amenities. The trail will run from East to West along the South bank of Brushy Creek from Red
Bud Lane to the Sonoma Subdivision.
Public Comment: N/A
11
EASEMENT AGREEMENT
THE STATE OF TEXAS
III
111111
111 ESMT
36 PGS
2005049315
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This Easement Agreement ("Agreement") is made as of the day of_________ 005,
by and between MAURINE B. FREEMAN (also known as "Maurine Vera Freeman", "Vera
Freeman" and "Vera Maureen Freeman"), individually and as Independent Executrix of the Estate of
Marvin Freeman, Deceased; THE FREEMAN FAMILY TRUST, a trust estate created under the will
of Marvin Freeman, Deceased, and Harry M. Whittington, agent and attorney for Maureen B.
Freeman under Power of Attorney dated June 21, 1994, and as trustee of said trust estate
(collectively referred to as "Grantor") and the CITY OF ROUND ROCK, a Texas municipal
corporation, whose offices are located at 221 E. Main Street, Round Rock, Williamson County,
Texas ("Grantee").
RECITALS:
WHEREAS, Marvin and Maurine B. Freeman were the parents of Joe Freeman, who died on
January 26, 1998, and in whose memory they had planned to give a portion of their land (described
herein as "Property") for a public park along Brushy Creek; and
WHEREAS, Grantee has been negotiating with Grantor over several years for the acceptance,
conveyance and use of said Property consisting of approximately 47.69 acres for a public park and
related purposes; and
WHEREAS, Grantee agrees that the grant of the easements herein described along with the
donation and acceptance of said land being negotiated for use as a public park shall fulfill the
parkland requirements for the remaining portion of the Property, if and when the remaining portion
of the Property is platted in accordance with the subdivision provisions of the City of Round Rock
Code of Ordinances, regardless of whether it is platted and subdivided by Grantor or Grantor's
successors or assigns; and
WHEREAS, Grantee is investing approximately $1.5 million on a regional park trail system
(a hike and bike trail) which will encompass various tracts of land along Brushy Creek on the north
side of Grantor's Property for the benefit of its citizens, as more particularly described in Exhibit "A"
attached hereto and incorporated herein ("Project"); and
WHEREAS, until the donation of the land for the public park has been formally made, it is
necessary for Grantee to begin construction of the Project and undertake certain construction
activities on Grantor's Property; and
WHEREAS, in furtherance of the plan and intention of Marvin and Maureen Freeman to
donate a portion of their land for a park in memory of their son for use by the public under the
00083651
control and supervision of the Grantee, and as a part of the Project, it is agreed that both a permanent
and a temporary construction and access easement shall be granted, which easements shall be subject
to the terms hereinafter set forth; and
WHEREAS, Grantee's acceptance of this easement shall be a part of the initial construction
of the work necessary for the eventual completion of a public park in memory of Marvin and
Maureen Freeman's son, the specifications of which shall be agreed upon and set forth in subsequent
documents between the parties.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby GRANTS AND CONVEYS to Grantee a permanent public
access easement for the Project along with a temporary construction and access easement to do all
such activities necessary to accomplish completion of the Project, all of which rights herein granted
being solely for the benefit and enjoyment of the public; this grant being expressly subject to the
following terms and conditions:
I. EASEMENT
1.1. Easement Property. The permanent easement herein granted is a 4.52 acre tract of
land, approximately fifty-four (54) feet in width, being more particularly described by metes and
bounds in Exhibit "B" attached hereto and made a part hereof for all purposes.
See "Sketch to Accompany Description" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, showing such easement.
1.2. Property. By deed dated March 7, 1944, Marvin and Maurine Freeman acquired a
240 acre tract of land out of the Joseph Marshall Survey, Abstract No. 409, in Williamson County,
Texas, as recorded in Volume 343, Page 230, of the Official Public Records of Williamson County.
On the 3rd day of January, 1994, Marvin and Maurine Freeman sold and conveyed 160 acres of said
tract to Forest Ridge Investment, Ltd. which deed is of record in Volume 2453, Page 431 of said
records. The remaining 157.942 acres of said 240 acre tract is owned in equal undivided interests by
Maurine B. Freeman in her individual capacity and the Freeman Family Trust whose lifetime
beneficiary is Maurine B. Freeman, and whose remaindermen are Dr. A.A. LaLonde and the
Covenant Presbyterian Church of Austin, Texas. The land which will be donated for a public park in
memory of Joe Freeman is to be the north portion of the 157.942 acre tract adjoining Brushy Creek.
1.3. Easement Purpose. For the ingress to and egress by means of a fifty-four (54) foot
wide hike and bike trail including the disassembling, removal, take down and clearing away of any
fences, barricades or other structures which obstruct, prevent or hinder Grantee's ingress and egress
across Grantor's Property; and the grading for, construction, maintaining and using said trail and
related facilities on and across the Property as Grantee may deem necessary in the exercise of the
right of ingress and egress.
2
1.4. Exceptions to Warranty. This conveyance is made and accepted subject to any and all
conditions and restrictions, if any, relating to the hereinabove described Property to the extent, and
only to the extent, that the same may still be in force and effect and shown of record in the office of
the County Clerk of Williamson County, Texas.
1.5. Grant of Easement. Grantor, for the consideration and subject to the Exceptions to
Warranty, grants and conveys to Grantee and Grantee's heirs, successors, and assigns a perpetual
easement in upon, over, under, above and across the Easement Property for the Easement Purpose,
together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns
to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors,
and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part
of the Easement, except as to the Exceptions to Warranty, to the extent that such claim arises by,
through, or under Grantor but not otherwise.
1.6. Temporary Construction and Access Easement. In addition to the foregoing, and for
the consideration set forth above, Grantor grants and conveys unto Grantee, a temporary construction
and access easement in, under, over, above and across the Property. Said temporary construction and
access easement herein granted shall be a width of fifty (50) feet located on the south side of and
adjacent to the Easement Property described in Section 1.2. above and shall include that portion of
Grantor's Property necessary to construct that portion of the hike and bike trail on the Easement
Property, including temporary use of said Property for access, storage equipment and supplies and all
necessary activities involved in the designing, grading, filling, erecting and completing such hike and
bike trail. Grantor grants such temporary construction and access easement to Grantee, its agents and
employees, with necessary equipment, to enter upon and have access to the Property owned by
Grantor, subject to the provisions of this Easement.
II. TERMS AND CONDITIONS
The following terms and conditions apply to the Easement and temporary construction and
access easement (collectively, the `Basements") granted by this agreement:
2.1. Character of Easements. The Easements are nonexclusive. The Easement is for the
benefit of Grantee and Grantee's heirs, successors, and assigns. Grantor agrees and covenants that it
will not convey any other easement or conflicting rights within the area covered by this grant without
the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantor
shall take reasonable safeguards to protect the integrity of Grantee's rights of ingress and egress. It is
understood that the rights herein granted are for public purposes to be used in connection with
Grantee's authority to provide parks, open spaces and playgrounds to benefit members of the general
public. Upon completion of the hike and bike trail and termination of the temporary construction
easement, there shall be no use of Grantor's Property authorized under this agreement except for the
Easement Property covered by the Easement granted herein.
3
2.2. Duration of Easements. The duration of the Easement is perpetual, provided
however, that said easement, rights and privileges shall cease and revert to Grantor in the event the
said hike and bike trail is abandoned, or shall cease to be used, for a period of two (2) consecutive
years. Upon cessation of use or upon abandonment, all rights granted herein to Grantee shall cease
and the Easement shall terminate. The temporary construction and access easement shall begin upon
the date construction of the Easement begins on Grantor's Property and continue so long as Grantee
is engaged in construction activities to complete the hike and bike trail. Upon completion of said
Project, the temporary construction and access easement shall terminate when all equipment,
supplies and material placed upon Grantor's Property shall be removed and the surface of said land
restored to the condition it was in prior to construction activities. The expiration of the temporary
construction and access easement shall not otherwise affect any of Grantee's easement rights.
2.3. Maintenance. Grantee agrees that it will provide the maintenance, cleaning, upkeep
and repairs necessary to keep the hike and bike trail in good and useable condition. Grantee shall
also be responsible for and provide the security necessary to assure that the hike and bike trail is built
and maintained in a safe and clean condition for those members of the public who desire to use and
enjoy the facilities. Grantee further agrees that the hike and bike trail will be limited to non -
motorized vehicles and that no use will be permitted which creates excessive noise or pollution. It is
understood that the Grantee is not obligated to fence the permanent easement, but that Grantor shall
have the continuing right to construct a fence or other barrier to limit and control any access to and
from Grantor's property. Nothing shall prevent Grantor or Grantor's heirs successors and assigns
from having access to the hike and bike trail at all times.
2.4. Joinder of Parties. The undersigned, A.A. LaLonde and the Covenant Presbyterian Church of
Austin, Texas both join in the execution of this agreement to confirm and ratify the action of the
Freeman Family Trust in granting the Easements described herein.
III. GENERAL PROVISIONS
3.1. Equitable Rights of Enforcement. These Easements may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this
agreement; provided, however, that the act of obtaining an injunction or restraining order will not be
deemed to be an election of remedies or a waiver of any other rights or remedies available at law or
in equity.
3.2. Attorney's Fees. If either party retains an attorney to enforce this Agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
3.3. Binding Effect. This Agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
4
3.4. Choice of Law. This Agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties
in which the Easement Property is located.
3.5. Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts will be
construed together and will constitute one and the same instrument.
3.6. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies
set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or
provided by law.
3.7. Further Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate to perform
the terms, provisions, and conditions of this Agreement and all transactions contemplated by this
Agreement.
3.8. Indemnity Each party agrees to indemnify, defend, and hold harmless the other party
from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision
of this Agreement by the indemnifying party.
3.9. Integration. This Agreement contains the complete Agreement of the parties and
cannot be varied except by written Agreement of the parties. The parties agree that there are no oral
Agreements, representations, or warranties that are not expressly set forth in this Agreement.
3.10. Legal Construction. If any provision in this Agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the
parties, the unenforceability will not affect any other provision hereof, and this Agreement will be
construed as if the unenforceable provision had never been a part of the Agreement. Whenever
context requires, the singular will include the plural and neuter include the masculine or feminine
gender, and vice versa. Article and section headings in this Agreement are for reference only and are
not intended to restrict or define the text of any section. This Agreement will not be construed more
or less favorably between the parties by reason of authorship or origin of language.
3.11. Notices. Any notice required or permitted under this Agreement must be in writing.
Any notice required by this Agreement will be deemed to be delivered (whether actually received or
not) when deposited with the United States Postal Service, postage prepaid, certified mail, return
receipt requested, and addressed to the intended recipient at the address shown in this Agreement.
Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission,
or other commercially reasonable means and will be effective when actually received. Any address
for notice may be changed by written notice delivered as provided herein.
5
3.12. Recitals. Any recitals in this Agreement are represented by the parties to be accurate,
and constitute a part of the substantive Agreement.
3.13. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date
for performance will be the next following regular business day.
GRANTOR:
MAURINE B. FREEMAN
By:
Harry M. WhiJttington, her Agent and • F orney
THE ESTATE OF MARVIN H. FREEMAN
By:
Maurine:. Freeman, its Executor
THE FREEMAN FAMILY TRUST
By:
Harry M.
ttington, its Trustee
Confirmed and ratified:
By: The Covenant Presbyterian Church of
Austin
By:
Name:
Title:
/t
By: 64,i
A.A. LaLonde
6
3.12. Recitals. Any recitals in this Agreement are represented by the parties to be accurate,
and constitute a part of the substantive Agreement.
3.13. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date
for performance will be the next following regular business day.
GRANTOR:
MAURINE B. FREEMAN
By:
Harry M. Whittington, her Agent and Attorney
THE ESTATE OF MARVIN H. FREEMAN
By:
Maurine B. Freeman, its Executor
THE FREEMAN FAMILY TRUST
By:
Harry M. Whittington, its Trustee
Confirmed and ratified:
By: The Covenant Presbyterian Church of
Austin
By:
6
By:
Name REDER( L. GLEMEN j
Title: n REc-rrp\ of A-pMINISTg,r 1014
A.A. LaLonde
THE STATE OF TEXAS
COUNTY OF A4 \/
GRANTEE:
CITY OF ROUND ROCK,
a Texas municipal corporation
By:
N. . NY i'I')M- ,,d 6 LL
Title:
ACKNOWLEDGMENTS
This instrument was acknowledged before me on this the 7 day of A- r
2005, by Harry M. Whittington as agent and attorney for Maurine B. Freeman.
...... `'' DAVID M. HOLLOWAY
'+ MY COMMISSION EXPIRES
March 20, 2009
THE STATE OF TEXAS
COUNTY OF / 05
lgiat .
otary Public, State of TexasQ
This instrument was acknowledgebefore me on this the 7 day of A -t2' ,
2005, by iisir '%' ,. , as L ec %> of the Estate of Marvin H.
Freeman. N-A-02".
DAVID M. HOLLOWAY
MY COMMISSION EXPIRES
dna:•• March 20, 2009
I
6f Th.. e?(
Notary Public, State of Texas
7
THE STATE OF TEXAS §
§
COUNTY OF -Pt/WI S §
This instrument was acknowledged before me on this the 7 day of A -r4. r 1--.
2005, by Harry M. Whitington as Trustee of the Freeman Family Trust.
•::0=-, . DAVID M. HOLLOWAY
r;�F MY COMMISSION EXPIRES
'•.�+a�e+J
March 20, 2009
'yN.N.'•
THE STATE OF TEXAS
COUNTY OF
4,„.A;ci
tart' Public, State of Texas
This instrument was acknowledged before me on this the day of ,
2005, by as of the Presbyterian Church of
Austin, Texas, as remainderman for the Freeman Family Trust.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF VereliVOSIAN
This instrument was acknowledged before me on this the ) 2— day of APP. I--
2005, by A.A. LaLonde as remainderman for the Freeman Family Trust.
frt ; DAVID M. HOLLOWAY
.• ;tet MY COMMISSION EXPIRES
{ ';O March 20, 2009
�er
Notary Public, State of Texas
8
THE STATE OF TEXAS
COUNTY OF
§
This instrument was acknowledged before me on this the day of
2005, by Hany M. Whitington as Trustee of the Freeman Family Trust.
THE STATE OF TEXAS
§
COUNTY OF M.•4 ` g
Notary Public, State of Texas
This instrument was acknowledged before me on this the .2L' day of -TY) cur
2005, by F'rsder,okL.Ge.nx„+ as Vinec4or /4dm,ra,s-inwh;r,of the Presbyterian Church of
Austin, Texas, as remainderman for the Freeman Family Trust.
AsI
'z•••••
�jpTAFiYp�e%0
<6.
: rte—
® g4.oF7
p► '.F.TE.ZZAS
6, 20`���•
COUNTY OF WILLIAMSON
Nota 4blic, State of Texas
This instrument was acknowledged before me on this the day of
2005, by A.A. LaLonde as remaindennan for the Freeman Family Trust.
Notary Public, State of Texas
8
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 3 day of
2005, by N nit; K.u)ELL as In A vole,
`Y P, CHRISTINE R. MARTINEZ
i MY COMMISSION EXPIRES
August 28, 2005
DFS..
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
Attn: Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664
of the City of Round Rock.
Notary Public, State of Texas
9
MEMOPANDUM
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Exhibit "A7. fBrushy Creek •Trail East
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page of 23
DESCRIPTION
FOR A 4.52 ACRE TRACT OF LAND SITUATED IN THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A CALLED 240 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO M. H. FREEMAN AND WIFE, VERA
MAURINE FREEMAN AND RECORDED IN VOLUME 343, PAGE 230 OF
THE DEED RECORDS OF SAID COUNTY, SAID 4.52 ACRE TRACT, AS
SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point on the east line of said 240 acre tract, same being the west
line of a called 2.4643 acre tract of land as described in that deed to Whitney Partnership and
recorded in Document No. 9526622 of the Official Records of said county, for the northeast
corner and POINT OF BEGINNING hereof, from which a 1" iron pipe found for the northwest
corner of said 2.4643 acre tract, same being the south corner of a Parkland as shown in Forest
Bluff Section 1 C, a subdivision recorded in Cabinet 0, Slides 346 - 348 of the Plat Records of
said county bears, N 04° 07' 46" W for a distance of 114.69 feet;
THENCE with the east line of said 240 acre tract, same being the west line of said 2.4643 acre
tract, the following two (2) courses and distances:
1) S 04° 07' 46" E for a distance of 161.17 feet to a calculated angle point hereof, and
2) S 05° 11' 34" E for a distance of 16.91 feet a calculated point for the most easterly
southeast corner hereof;
THENCE through the interior of said 240 acre tract, the following forty-four (44) courses and
distances:
1) with the arc of a curve to the left, having a radius of 128.54 feet, an arc length of 9.62 feet,
a central angle of 04° 17' 10", and a chord which bears, S 44° 38' 31" W for a distance of
9.61 feet to a calculated point of non -tangency hereof,
EXHIBIT
3 I, B n 1!
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 2 of 23
2) S 43° 43' 52" W for a distance of 21.56 feet to a non -tangent calculated point of curvature
hereof,
3) with the arc of a curve to the right, having a radius of 107.72 feet, an arc length of
16.24 feet, a central angle of 08° 38' 10", and a chord which bears, S 42° 49' 15" W for a
distance of 16.22 feet to a calculated point of non -tangency hereof,
4) S 32° 42' 31" E for a distance of 10.85 feet to a calculated angle point hereof,
5) S 57° 17' 29" W for a distance of 20.00 feet to a non -tangent calculated point of curvature
hereof,
6) with the arc of a curve to the left, having a radius of 829.84 feet, an arc length of
51.96 feet, a central angle of 030 35' 16", and a chord which bears, S 30° 25' 22" W for a
distance of 51.96 feet to a non -tangent calculated point of reverse curvature hereof,
7) with the arc of a curve to the right, having a radius of 67.60 feet, an arc length of
101.78 feet, a central angle of 86° 15' 35", and a chord which bears, S 64° 17' 22" W for a
distance of 92.44 feet to a non -tangent calculated point of reverse curvature hereof,
8) with the arc of a curve to the left, having a radius of 66.65 feet, an arc length of 82.14 feet,
a central angle of 70° 36' 41", and a chord which bears, S 76° 50' 13" W for a distance of
77.04 feet to a non -tangent calculated point of compound curvature hereof,
9) with the arc of a curve to the left, having a radius of 415.81 feet, an arc length of
122.76 feet, a central angle of 16° 54' 57", and a chord which bears, S 39° 54' 20" W for a
distance of 122.32 feet to a non -tangent calculated point of reverse curvature hereof,
10) with the arc of a curve to the right, having a radius of 76.93 feet, an arc length of
29.62 feet, a central angle of 220 03' 48", and a chord which bears, S 33° 16' 41" W for a
distance of 29.44 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 3 of 23
11) with the arc of a curve to the left, having a radius of 74.07 feet, an arc length of 34.72 feet,
a central angle of 26° 51' 30", and a chord which bears, S 30° 03' 12" W for a distance of
34.40 feet to a non -tangent calculated point of reverse curvature hereof,
12) with the arc of a curve to the right, having a radius of 93.08 feet, an arc length of
60.38 feet, a central angle of 37° 09' 58", and a chord which bears, S 43° 47' 53" W for a
distance of 59.33 feet to a calculated point of non -tangency hereof,
13) S 88° 15' 53" W for a distance of 98.14 feet to a non -tangent calculated point of curvature
hereof,
14) with the arc of a curve to the left, having a radius of 129.34 feet, an arc length of
30.74 feet, a central angle of 13° 37' 01", and a chord which bears, N 70° 29' 28" W for a
distance of 30.67 feet to a non -tangent calculated point of compound curvature hereof,
15) with the arc of a curve to the left, having a radius of 22.46 feet, an arc length of 33.66 feet,
a central angle of 85° 51' 52", and a chord which bears, S 71° 01' 44" W for a distance of
30.59 feet to a non -tangent calculated point of reverse curvature hereof,
16) with the arc of a curve to the right, having a radius of 134.00 feet, an arc length of
189.28 feet, a central angle of 80° 56' 01", and a chord which bears, S 69° 18' 23" W for a
distance of 173.93 feet to a calculated point of reverse curvature hereof,
17) with the arc of a curve to the left, having a radius of 234.00 feet, an arc length of
240.05 feet, a central angle of 58° 46' 35", and a chord which bears, S 80° 23' 06" W for a
distance of 229.66 feet to a calculated point of reverse curvature hereof,
18) with the arc of a curve to the right, having a radius of 344.00 feet, an arc length of
146.20 feet, a central angle of 24° 21' 05", and a chord which bears, S 63° 10' 21" W for a
distance of 145.11 feet to a calculated point of reverse hereof,
19) with the arc of a curve to the left, having a radius of 455.00 feet, an arc length of
163.11 feet, a central angle of 20° 32' 21", and a chord which bears, S 65° 04' 43" W for a
distance of 162.23 feet to a calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 4 of 23
20) with the arc of a curve to the right, having a radius of 284.00 feet, an arc length of
82.01 feet, a central angle of 16° 32' 42", and a chord which bears, S 63° 04' 53" W for a
distance of 81.72 feet to a calculated point of reverse curvature hereof,
21) with the arc of a curve to the left, having a radius of 249.00 feet, an arc length of
120.08 feet, a central angle of 27° 37' 49", and a chord which bears, S 57° 32' 20" W for a
distance of 118.92 feet to a calculated point of tangency hereof,
22) S 43° 43' 25" W for a distance of 102.33 feet to a calculated point of curvature hereof,
23) with the arc of a curve to the left, having a radius of 186.00 feet, an arc length of
103.59 feet, a central angle of 31° 54' 38", and a chord which bears, S 27° 46' 06" W for a
distance of 102.26 feet to a calculated point of reverse curvature hereof,
24) with the arc of a curve to the right, having a radius of 113.00 feet, an arc length of
80.49 feet, a central angle of 40° 48' 37", and a chord which bears, S 32° 13' 06" W for a
distance of 78.80 feet to a calculated point of reverse curvature hereof,
25) with the arc of a curve to the left, having a radius of 73.00 feet, an arc length of 65.90 feet,
a central angle of 51° 43' 26", and a chord which bears, S 26° 45' 41" W for a distance of
63.69 feet to a calculated point of reverse curvature hereof,
26) with the arc of a curve to the right, having a radius of 157.00 feet, an arc length of
62.57 feet, a central angle of 22° 50' 10", and a chord which bears, S 12° 19' 03" W for a
distance of 62.16 feet to a calculated point of reverse curvature hereof,
27) with the arc of a curve to the left, having a radius of 73.00 feet, an arc length of 24.36 feet,
a central angle of 19° 07' 15", and a chord which bears, S 14° 10' 31" W for a distance of
24.25 feet to a calculated point of reverse curvature hereof,
28) with the arc of a curve to the right, having a radius of 72.00 feet, an arc length of
35.91 feet, a central angle of 28° 34' 44", and a chord which bears, S 18° 54' 15" W for a
distance of 35.54 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 5 of 23
29) with the arc of a curve to the left, having a radius of 97.76 feet, an arc length of 35.40 feet,
a central angle of 20° 44' 48", and a chord which bears, S 19° 50' 40" W for a distance of
35.21 feet to a calculated point of reverse curvature hereof,
30) with the arc of a curve to the right, having a radius of 89.82 feet, an arc length of
80.27 feet, a central angle of 51° 12' 13", and a chord which bears, S 29° 49' 22" W for a
distance of 77.62 feet to a calculated point of non -tangency hereof,
31) S 57° 05' 13" W for a distance of 81.73 feet to a non -tangent calculated point of curvature
hereof,
32) with the arc of a curve to the left, having a radius of 770.01 feet, an arc length of
103.15 feet, a central angle of 07° 40' 31", and a chord which bears, S 54° 25' 32" W for a
distance of 103.07 feet to a calculated point of non -tangency hereof,
33) S 44° 47' 28" W for a distance of 34.74 feet to a non -tangent calculated point of curvature
hereof,
34) with the arc of a curve to the left, having a radius of 251.74 feet, an arc length of
36.69 feet, a central angle of 08° 21' 03", and a chord which bears, S 36° 32' 51" W for a
distance of 36.66 feet to a calculated point of reverse curvature hereof,
35) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
68.83 feet, a central angle of 31° 03' 04", and a chord which bears, S 46° 52' 01" W for a
distance of 67.99 feet to a calculated point of reverse curvature hereof,
36) with the arc of a curve to the left, having a radius of 87.00 feet, an arc length of 62.00 feet,
a central angle of 40° 49' 46", and a chord which bears, S 41° 58' 40" W for a distance of
60.69 feet to a calculated point of tangency hereof,
37) S 21° 33' 47" W for a distance of 93.34 feet to a non -tangent calculated point of curvature
hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 6 of 23
38) with the arc of a curve to the right, having a radius of 77.07 feet, an arc length of
76.79 feet, a central angle of 57° 05' 13", and a chord which bears, S 46° 47' 59" W for a
distance of 73.66 feet to a non -tangent calculated point of reverse curvature hereof,
39) with the arc of a curve to the left, having a radius of 101.81 feet, an arc length of
51.46 feet, a central angle of 28° 57' 38", and a chord which bears, S 68° 02' 19" W for a
distance of 50.91 feet to a non -tangent calculated point of reverse curvature hereof,
40) with the arc of a curve to the right, having a radius of 470.92 feet, an arc length of
104.40 feet, a central angle of 12° 42' 06", and a chord which bears, S 60° 43' 14" W for a
distance of 104.18 feet to a calculated point of reverse curvature hereof,
41) with the arc of a curve to the left, having a radius of 156.70 feet, an arc length of
77.45 feet, a central angle of 28° 19' 04", and a chord which bears, S 52° 54' 44" W for a
distance of 76.66 feet to a calculated point of compound curvature hereof,
42) with the arc of a curve to the left, having a radius of 47.69 feet, an arc length of 42.95 feet,
a central angle of 51° 36' 02", and a chord which bears, S 12° 57' 11" W for a distance of
41.51 feet to a calculated point of reverse curvature hereof,
43) with the arc of a curve to the right, having a radius of 141.39 feet, an arc length of
179.29 feet, a central angle of 72° 39' 06", and a chord which bears, S 23° 28' 43" W for a
distance of 167.52 feet to a calculated point of compound curvature hereof, and
44) with the arc of a curve to the right, having a radius of 140.41 feet, an arc length of
8.01 feet, a central angle of 03° 16' 13", and a chord which bears, S 58° 10' 09" W for a
distance of 8.01 feet to a calculated point on the west line of said 240 acre tract, same being
the east line of Lot 24, City of Round Rock Public Park, Lake Forest III, Village III, a
subdivision recorded in Cabinet W, Slides 31 — 33 of the Plat Records of said county, for
the southwest corner hereof, from which a nail found for an angle point on the west line of
said 240 acre tract, same being the east line of said Lot 24 bears, S 00° 49' 58" W for a
distance of 330.57 feet;
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 7 of 23
THENCE with the west line of said 240 acre tract, same being the east line of said Lot 24,
N 00° 49' 58" E for a distance of 68.36 feet to a calculated point for the most westerly northwest
corner hereof, from which a '/2" iron found for an angle point on the west line of said 240 acre
tract, same being on the east line of said Lot 24 bears, N 00° 49' 58" E for a distance of
102.13 feet;
THENCE through the interior of said 240 acre tract, the following fifty-one (51) courses and
distances:
1) with the arc of a curve to the left, having a radius of 87.39 feet, an arc length of 73.20 feet,
a central angle of 47° 59' 22", and a chord which bears, N 17° 39' 26" E for a distance of
71.08 feet to a calculated point of non -tangency hereof,
2) S 79° 08' 54" W for a distance of 3.75 feet to a calculated angle point hereof,
3) N 10° 51' 06" W for a distance of 20.00 feet to a calculated angle point hereof,
4) N 79° 08' 54" E for a distance of 4.12 feet to a non -tangent calculated point of curvature
hereof,
5) with the arc of a curve to the right, having a radius of 101.69 feet, an arc length of
81.50 feet, a central angle of 45° 5.5' 08", and a chord which bears, N 15° 47' 38" E for a
distance of 79.33 feet to a calculated point of compound curvature hereof,
6) with the arc of a curve to the right, having a radius of 210.70 feet, an arc length of
104.14 feet, a central angle of 28° 1.9' 04", and a chord which bears, N 52° 54' 44" E for a
distance of 103.08 feet to a calculated point of reverse curvature hereof,
7) with the arc of a curve to the left, having a radius of 416.92 feet, an arc length of
92.09 feet, a central angle of 12° 39' 22", and a chord which bears, N 60° 44' 35" E for a
distance of 91.91 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 8 of 23
8) with the arc of a curve to the right, having a radius of 155.81 feet, an arc length of
73.62 feet, a central angle of 27° 04' 24", and a chord which bears, N 67° 15' 17" E for a
distance of 72.94 feet to a non -tangent calculated point of reverse curvature hereof,
9) with the arc of a curve to the left, having a radius of 23.07 feet, an arc length of 22.01 feet,
a central angle of 54° 39' 52", and a chord which bears, N 42° 50' 59" E for a distance of
21.19 feet to a calculated point of non -tangency hereof,
10) N 21° 33' 47" E for a distance of 95.35 feet to a calculated point of curvature hereof,
11) with the arc of a curve to the right, having a radius of 141.00 feet, an arc length of
100.48 feet, a central angle of 40° 49' 46", and a chord which bears, N 41° 58' 40" E for a
distance of 98.37 feet to a calculated point of reverse curvature hereof,
12) with the arc of a curve to the left, having a radius of 73.00 feet, an arc length of 39.96 feet,
a central angle of 31° 21' 42", and a chord which bears, N 46° 42' 42" E for a distance of
39.46 feet to a non -tangent calculated point of reverse curvature hereof,
13) with the arc of a curve to the right, having a radius of 305.74 feet, an arc length of
86.99 feet, a central angle of 16° 18' 04", and a chord which bears, N 40° 24' 54" E for a
distance of 86.69 feet to a non -tangent calculated point of compound curvature hereof,
14) with the arc of a curve to the right, having a radius of 101.40 feet, an arc length of
30.99 feet, a central angle of 17° 30' 44", and a chord which bears, N 45° 04' 06" E for a
distance of 30.87 feet to a non -tangent calculated point of reverse curvature hereof,
15) with the arc of a curve to the Left, having a radius of 331.74 feet, an arc length of
107.36 feet, a central angle of 18° 32' 35", and a chord which bears, N 44° 00' 53" E for a
distance of 106.90 feet to a calculated point of non -tangency hereof,
16) N 56° 27' 12" E for a distance of 94.51 feet to a non -tangent calculated point of curvature
hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 9 of 23
17) with the arc of a curve to the left, having a radius of 205.16 feet, an arc length of
21.67 feet, a central angle of 06° 03' 08", and a chord which bears, N 18° 01' 11" E for a
distance of 21.66 feet to a non -tangent calculated point of compound curvature hereof,
18) with the arc of a curve to the left, having a radius of 1486.35 feet, an arc length of
24.86 feet, a central angle of 00° 57' 30", and a chord which bears, N 28° 15' 39" E for a
distance of 24.86 feet to a non -tangent calculated point of compound curvature hereof,
19) with the arc of a curve to the left, having a radius of 18.00 feet, an arc length of 9.78 feet, a
central angle of 31° 08' 12", and a chord which bears, N 20° 10' 59" E for a distance of
9.66 feet to a calculated point of reverse curvature hereof,
20) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
42.38 feet, a central angle of 19° 07' 15", and a chord which bears, N 14° 10' 31" E for a
distance of 42.19 feet to a calculated point of reverse curvature hereof,
21) with the arc of a curve to the left, having a radius of 103.00 feet, an arc length of
41.05 feet, a central angle of 22° 50' 10", and a chord which bears, N 12° 19' 03" E for a
distance of 40.78 feet to a calculated point of reverse curvature hereof,
22) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
114.65 feet, a central angle of 51° 43' 26", and a chord which bears, N 26° 45' 41" E for a
distance of 110.80 feet to a calculated point of reverse curvature hereof,
23) with the arc of a curve to the left, having a radius of 59.00 feet, an arc length of 42.02 feet,
a central angle of 40° 48' 37", and a chord which bears, N 32° 13' 06" E for a distance of
41.14 feet to a calculated point of reverse curvature hereof,
24) with the arc of a curve to the right, having a radius of 240.00 feet, an arc length of
133.67 feet, a central angle of 31° 54' 38", and a chord which bears, N 27° 46' 06" E for a
distance of 131.95 feet to a calculated point of tangency hereof,
25) N 43° 43' 25" E for a distance of 102.33 feet to a calculated point of curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 10 of 23
26) with the arc of a curve to the right, having a radius of 303.00 feet, an arc length of
146.12 feet, a central angle of 27° 37' 49", and a chord which bears, N 57° 32' 20" E for a
distance of 144.71 feet to a calculated point of reverse curvature hereof,
27) with the arc of a curve to the left, having a radius of 230.00 feet, an arc length of
66.42 feet, a central angle of 16° 32' 42", and a chord which bears, N 63° 04' 53" E for a
distance of 66.19 feet to a calculated point of reverse curvature hereof,
28) with the arc of a curve to the right, having a radius of 509.00 feet, an arc length of
182.46 feet, a central angle of 20° 32' 21", and a chord which bears, N 65° 04' 43" E for a
distance of 181.49 feet to a calculated point of reverse curvature hereof,
29) with the arc of a curve to the left, having a radius of 290.00 feet, an arc length of
123.25 feet, a central angle of 24° 21' 05", and a chord which bears, N 63° 10' 21" E for a
distance of 122.33 feet to a calculated point of reverse curvature hereof,
30) with the arc of a curve to the right, having a radius of 288.00 feet, an arc length of
176.90 feet, a central angle of 35° 11' 38", and a chord which bears, N 68° 35' 37" E for a
distance of 174.14 feet to a calculated point of non -tangency hereof,
31) N 02° 02' 15" W for a distance of 5.09 feet to a calculated angle point hereof,
32) N 88° 55' 26" E for a distance of 19.56 feet to a calculated angle point hereof,
33) S 07° 16' 07" E for a distance of 4.86 feet to a non -tangent calculated point of curvature
hereof,
34) with the arc of a curve to the right, having a radius of 288.00 feet, an arc length of
98.53 feet, a central angle of 19° 36' 10", and a chord which bears, S 80° 01' 42" E for a
distance of 98.05 feet to a calculated point of reverse curvature hereof,
35) with the arc of a curve to the left, having a radius of 80.00 feet, an arc length of
112.80 feet, a central angle of 80° 47' 09", and a chord which bears, N 69° 22' 49" E for a
distance of 103.68 feet to a non -tangent calculated point of reverse curvature hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 11 of 23
36) with the arc of a curve to the right, having a radius of 107.03 feet, an arc length of
91.16 feet, a central angle of 48° 47' 50", and a chord which bears, N 58° 37' 15" E for a
distance of 88.43 feet to a non -tangent calculated point of compound curvature hereof,
37) with the arc of a curve to the right, having a radius of 113.20 feet, an arc length of
31.11 feet, a central angle of 15° 44' 44", and a chord which bears, N 89° 14' 00" E for a
distance of 31.01 feet to a calculated point of non -tangency hereof,
38) S 85° 22' 18" E for a distance of 84.05 feet to a non -tangent calculated point of curvature
hereof,
39) with the arc of a curve to the right, having a radius of 306.30 feet, an arc length of
57.49 feet, a central angle of 10° 45' 17", and a chord which bears, N 34° 32' 33" E for a
distance of 57.41 feet to a non -tangent calculated point of reverse curvature hereof,
40) with the arc of a curve to the left, having a radius of 22.93 feet, an arc length of 10.85 feet,
a central angle of 27° 06' 36", and a chord which bears, N 31° 19' 35" E for a distance of
10.75 feet to a calculated point of non -tangency curvature hereof,
41) N 27° 36' 58" E for a distance of 69.45 feet to a calculated point of curvature hereof,
42) with the arc of a curve to the right, having a radius of 127.00 feet, an arc length of
27.74 feet, a central angle of 12° 30' 51", and a chord which bears, N 33° 52' 23" E for a
distance of 27.68 feet to a calculated point of tangency hereof,
43) N 40° 07' 49" E for a distance of 84.62 feet to a calculated angle point hereof,
44) N 48° 18' 41" W for a distance of 4.82 feet to a calculated angle point hereof,
45) N 41° 41' 19" E for a distance of 20.00 feet to a calculated angle point hereof,
46) S 48° 18' 41" E for a distance of 4.28 feet to a calculated angle point hereof,
Freeman Easement
Brushy Creek East Trail System
4.52 Acre Tract
Page 12 of 23
47) N 40° 07' 49" E for a distance of 18.32 feet to a non -tangent calculated point of curvature
hereof,
48) with the arc of a curve to the right, having a radius of 204.12 feet, an arc length of
97.14 feet, a central angle of 27° 16' 02", and a chord which bears, N 62° 59' 02" E for a
distance of 96.23 feet to a calculated point of reverse curvature hereof,
49) with the arc of a curve to the left, having a radius of 166.67 feet, an arc length of
123.68 feet, a central angle of 42° 31' 03", and a chord which bears, N 55° 21' 31" E for a
distance of 120.86 feet to a calculated point of compound curvature hereof,
50) with the arc of a curve to the left, having a radius of 114.32 feet, an arc length of
61.56 feet, a central angle of 30° 51' 19", and a chord which bears, N 18° 40' 21" E for a
distance of 60.82 feet to a calculated point of reverse curvature hereof, and
51) with the arc of a curve to the right, having a radius of 209.69 feet, an arc length of
58.75 feet, a central angle of 16° 03' 14", and a chord which bears, N 11° 16' 18" E for a
distance of 58.56 feet to the POINT OF BEGINNING and containing 4.52 acre of land.
Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN.
Surveyed under the direct supervision of the undersigned during October, 2002:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-098-20
Filename: W:\PROJECTS\CORR\BRUSHY CREEK EAST TRAIL SYSTEM\FREEMAN EASEMENT\FREEMAN EASEMENT.DOC
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m
3
z
N
E
0
V
O
wo06:6 - 5
-0 ODLO
n -con
G) " CO y
mm
• 0
O Or O 0
'IMM
N
On,
o
CDo
N
N
O
m
z
z
m
m
En
w
m
0
1A
wm
D
PX
m0
P Z
cl
V
c)
V
O
n
0)
(0
C)
O
03
c)
O
V
c)
0)
O
c)
O
C71
C64
c)
0)
W
n
0)
N
c)
0)
c)
0)
O
c)
Cfl
(p
C)
CJI
O
()
CJI
V
c)
CJI
Cr)
c)
CA
UI
n
(J1
4
c)
CA
W
c)
CJI
N
c)
CA
n
CA
O
NUMBER
CURVE TABLE C50 - C71
O-4
90
w
N
O
Na)
O
N
N
V
o
O
N
W
306.30'
Cm
iViAl•
�
O
V
W
O
O
0
288.00'
288.00'
W
00
509.00'
230.00'
0
00
240.00'
co
O
0
N
V
0
O
W
0
N
V
0-
63-
O
RADIUS
A
C93
CA
iyi
W
co
co
V
N
V
4
op
-Ni-
CA V
W
co
N
O
CO
OJ
WoLombNNN_-0GI
V)
p
W
N
9)
FA
W
N•
0
44
N
Co
V
la
n
aj
O
(
p
W
O
"
(p
42°31'03"
N
V
°
a
N
N
O
W
O°
N
V
°
6
0
.p
u
V
O
.A
-A
-p,
CO
°
V
6,-
80°47'09"
ZS
O
W
O
O
W
CA
°
W
N
4
0
N
CA
20°32'21"
O
W
N
N
27°37'49"
31°54'38"
40°48'37"
O
O
-A
(�1
O
N
N
°
00
p
O
O
V
W
O
O
O
N
r.
CEN. ANGLE
"soN
O
co
m
3 „13,017081 N
IN 55°21'31" E
to
to
c5
N
zo
m
N 33°52'23" E
3 „S£,61o1£ N
N 34°32'33" E
(O
0
_
A
O
_
N 69°22'49" E
N 58°37'15" E
S 80°01'42" E
N 68°35'37" E
3 „13,010£9 N
N 65°04'43" E
N 63°04'53" E
TN 57°32'20" E 1
N 27°46'06" E
L 3 „90,£10?£ N
FN 26°45'41" E
3 „£0,61031 N
O
o
W
rn
O
0
O
to
=
m
CH. BRG.
W
cA
O
O
Co
Na
OW
O
V
O
cm
:Ni
WcoO
O
OOWc_�ti
W(.71
Cb
03
y
4
N
63
CO
a)
A
W
c0
(J
-la
-4
0O
CO
O
4
!b
4:3
to
0)
CHORD
NOILLdLILDSEQ ANVdNODDV OS HaLSYS
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005049315
06/29/2005 03:40 PM
CARRILLO $84.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Piece, re -e-0 tt re, -1./
DIAD ROCK
TRATI ..
TMAIN STREET
OM TEXAS _78564