CM-2016-1167 - 8/19/2016 Sheets & Crossfield, P.c.
ATTORNEYS AT LAW
309 East Main Street.Round Rock,TX 78664-5246
Phone 512-255-8877. fax 512-255-8986
July 13, 2016
Martin &Pam Cirkiel
1901 Palm Valley Blvd.
Round Rock, Texas 78664
Re: City of Round Rock—Brushy Creek Trail Easement
Parcel 8
Dear Marty &Pam:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of a trail easement interest in and across a portion of your property as part of
the City of Round Rock's ("City")proposed Brushy Creek Trail extension project.
In return for granting a trail easement across approximately 0.041 acre, City will
pay the sum of$13,379, which is equal to the City's appraised value for this acquisition.
The form of the easement granted to City will be as shown in Exhibit "A" attached
hereto.
The closing and completion of this transaction shall take place at the Georgetown
office of Independence Title within 30 days after full execution of this agreement, or at
other date and time agreed to between the parties. City shall be responsible for all fees
and costs associated with closing, except that each party shall be responsible for any
attorney's fees they incur.
This agreement is being made in lieu of condemnation by City.
If this meets with your understanding please execute this letter where indicated
and return it to me, and we will have this approved and signed by the City and process
this for payment as quickly as possible.
00360762.DOC
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
Don Childs
Sheets & Crossfield, P.C.
GREED:
Martin J. Cirkiel
Date: y a -
�L
Pamela Cirkiel
Date: -c3
CITY OF ROUND ROCK, TEXAS
I, A
Printed Name:
Its: Wil �/K/
l'
Date: 0 l�
2
EXHIBIT "A"
COPY
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That MARTIN J. CIRKIEL and PAMELA CIRKIEL, and their successors and assigns,
("Grantor", whether one or more), for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK,
TEXAS, a home-rule municipality situated in the County of Williamson and State of Texas
("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto Grantee certain rights and interests in the nature of a public trail
easement, for the benefit of the general public, in the form of recreational trails over and across
the below-described property, for use by the public for the purpose of walking, running, hiking,
bicycling, or traversing over, upon and across, and otherwise using such trails; together with the
express right to construct such recreational trails- and associated facilities and maintain the
easement area by clearing and removing vegetation, silt and debris therefrom, in, upon, over,
under, above and across the below-described property:
All of that certain 0.041 acre (1,799 Sq. Ft.) tract of land in the P.A. Holder
Survey, Abstract No. 297, Williamson County, Texas; being more fully described
by metes and bounds in Exhibit "A", attached hereto and incorporated herein
(Parcel 8)(the "Easement")
The perpetual easement, rights-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public recreational trail
facilities, public trail materials and related appurtenances, equipment and signage.
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.
Except as otherwise noted, the easements, rights and privileges herein granted shall be
perpetual, provided however that said easements, rights, and privileges shall cease and revert to
Grantor in the event the facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00360760.DOC./djc
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The easements, rights and privileges granted herein are exclusive, and Grantor covenants
that they will not convey any future easement or conflicting rights within the premises covered
by this grant, unless otherwise specified herein, without the express written consent of Grantee,
which consent shall not be unreasonably withheld. Grantee shall have the right to review any
proposed easement or conflicting use of the easement to determine the effect, if any, on the
facilities contemplated herein. Prior to granting its consent for other easements, Grantee may
require reasonable safeguards to protect the integrity of the facilities thereon. As required by this
paragraph, express written consent of Grantee shall be obtained by Grantor in the following
manner: advance written notice must be given by certified mail to the (1) City of Round Rock
City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of
Round Rock shall have ten (10) days in which to respond in writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor reserves the right to grant additional easements for utility use across the
Easement, but not longitudinally over the Easement, provided (1) crossings are made at not less
than approximate 45° angle to the trail facilities; (2) sufficient clearance between facilities is
maintained; and (3) such construction does not interfere with the access to, or with the operation,
maintenance and safety of the Grantee's trail facilities, as reasonably determined by Grantee. If
approval by City of Round Rock is required, then such approval shall not be unreasonably
withheld.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the fall width thereof and to extend the cuts
and fills for such grading into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement and to trim and to cut down and
clear away any trees on either side of the Easement which now or hereafter in the
opinion of Grantee may be a hazard to any of the facilities, by reason of the
danger of falling thereon or root infiltration therein, or which may otherwise
interfere with the exercise of Grantee's rights hereunder, provided, however, that
all trees which Grantee is hereby authorized to cut and remove, if valuable for
timber or firewood, shall continue to be the property of Grantor, but all tops,lops,
brush and refuse wood shall be removed by Grantee;
(c) the right to mark the location of the Easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
Easement;
2
i
f
Grantee hereby covenants and agrees:
(a) Grantee shall promptly backfill any trench made by it on the Easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(b) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement
for any and all purposes which do not interfere-with and prevent the use by Grantee of the
easement. Grantee shall not be responsible or liable for the removal, repair or damage to any
property, structure,building, or other use inconsistent with the rights conveyed to Grantee by the
easements; provided, however, before constructing any improvements, at least ten (10) days
written notice shall be provided to Grantee of the general plans of the improvement to be
constructed on the Easement, and Grantor must first obtain the consent and approval from
Grantee of the construction and location of any improvements within the easements.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said facilities, all upon the
condition that Grantee will at all times after doing work in connection with the construction or
repair of said facilities restore the surface of said premises as nearly as is reasonably possible to
the condition in which the same was in before the work was undertaken, considering the uses and
purposes of the rights granted herein.
Grantor hereby dedicates the Easement as a trail easement for the purposes stated herein.
This Easement is being delivered in lieu of condemnation.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby itself, and its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim same, or any part thereof, when the claim is by,
through, or under Grantor,but not otherwise.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this ��
day of ,2016.
[signature pages follow]
3
gGTOR:
Martin Cirkiel
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF L:Z�Ii r� MSE)14 §
This instrument was acknowledged before me on this the day of the month of
2016, by Martin Cirkiel, known by me to be the person whose name is
subscribed 6 the foregoing instrument, and acknowledged to me that he executed the same in the
capacity and for the purposes and considerati�n therein expressed.
GRACE ALVAREZ
:�:°; 7�nNotary Public,State of Texas
j%%, Comm.Expires 04-03-2019
Notary ID 126061759 Notary Public, State of Texas
4
i
GRANTOR:
<7-7—
Pamela
Pamela Cirkiel
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF
�k
This instrument was acknowledged before me on this the �-day of the month of
L-- ' 2016, by Pamela Cirkiel, known by me to be the person whose name is
subscribe4 to the foregoing instrument, and acknowledged to me that he executed the same in the
capacity and for the purposes and consideration therein expressed.
GRACE ALVAREZ
Notary Public,State of Texas
ac Comm,Expires 04-03-2019 y P
Notary ID 126061759 Notarublic, State of Texas
After recording please return to:
Sheets &Crossfield,P.C.
309 East Main Street
Round Rock, Texas 78664
5
Consent and Subordination by Lienholder
Union State Bank, as the holder of liens and encumbrances against the Property which is
subject to the foregoing easement (the "Easement"), such lien evidenced by Deed of
Trust recorded in Document No. 2015101514 of the Official Public Records of
Williamson County, Texas, hereby consents to the above grant of the Easement,
including the terms and conditions of the grant and hereby subordinates its liens and
encumbrances to the rights and interests of the Grantee under the Easement, so that a
foreclosure of the liens and encumbrances will not extinguish the rights and interests of
said Grantee.
UNION TE B
By:
Printed Name: L_
Title: V=�Q ne Yid
ACKNOWLEDGMENT
STATE Or TEXAS §
COUNTY OI'
This instrument was acknowledged before me on this the f 0 v y of
2016, by U(b L, 14-01vs tc-ci , the 0/�e 111 �tUnion State 6 ank, in the
capacity and for the purposes and consideration recited herein.
Notary Publi ,Statq of Texas
Printed Name: {9/ -/e� • � � s°"J
My Commission Expires:
r�0 'rV�G� SHIRLEY A. JACKSON
*.Notary Public, State of Texas
�; �:• ,: My Commission Expires
NOVEMBER 30,2016
6
Page 1 of 4
County: Williamson February 10,2016
Parcell Parcel 8(Martin J.Cirkiel and Pamela Cirkiel)
Project: Heritage Trail
EXHIBIT l i
PROPERTY DESCRIPTION FOR PARCEL 8
DESCRIPTION OF A 0.041 ACRE (1,799 SQUARE FOOT), TRACT OF LAND SITUATED IN THE P. A. HOLDER
SURVEY,ABSTRACT NO.297,IN WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF THE REMAINDER OF
THAT CALLED 5.8436 ACRE TRACT OF LAND CONVEYED TO MARTIN J. CIRKIEL AND PAMELA CIRKIEL BY
INSTRUMENT RECORDED IN DOCUMENT NO. 1998042379 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1, BLOCK A, CIRKIEL COMMONS, A
SUBDIVISION OF RECORD IN CABINET P, SLIDE 230-231.OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.041 ACRE(1,799 SQUARE FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at an iron rod with plastic surveyors cap stamped"MBC"found in the westerly boundary line of said
remainder of 5.8436 acre tract, being the southeasterly corner of that called 20.895 acre tract of land conveyed to
ESC Rocking Horse Ranch Associates, LLC. by instrument recorded in Document No. 2012022307 of the Official
Public Records of Williamson County, Texas, same being the northeasterly corner of that called 5.3992 acre tract of
land conveyed to the City of Round Rock by instrument recorded in Document No. 1997012000 of the Official
Records of Williamson County,Texas;
THENCE,departing said 20.895 acre tract,with the common boundary line of said remainder of 5.8436 acre tract and
said 5.3992 acre tract, S 14°24'07" W for a distance of 23.76 feet to a calculated point, being the southwesterly
corner of said remainder of 5.8436acre tract, same being the northwesterly corner of the remainder of that called
0.7922 acre tract of land conveyed to the City of Round Rock by instrument recorded in Document No. 1998029988
of the Oficial Records of Williamson County,Texas;
THENCE,departing said 5.3992 acre tract,with the common boundary line of said remainder of 5.8436 acre tract and
said remainder of 0.7922 acre.tract; S 87°55'20" E for:a distance of 92.93 feet, for the calculated southwesterly
corner and POINT OF BEGINNING of the herein described tract:
THENCE, departing said common Boundary line, through the interior of said remainder of 5:8436 acre tract, the
following two(2)courses:
1) Along a curve to the left,having a della angle of 17°12'07", a radius of 75.00 feet;an arc length of 22.51 feet and
a chord which bears;N 48.`32'04" E for a distance of 22.43 feet to a calculated point of tangency;
2) N 39056'05" E for a distance.of 65.35 feet to.a calculated point in the easterly boundary line of said remainder of i
5.8436 acre tract, same being in the existing westerly Right-of-Way (ROW) line of.A; W. Grimes Boulevard
(variable width ROW),for the northerly corner of the herein described tract;
THENCE, with the common easterly boundary line of said,remainder of 5.8436 acre tract and said.existing westerly
ROW line of A.W.Grimes Boulevard,the following two(2).courses-
3) Along a curve to the left, having a delta angle of 03°51'56", a radius of 830.90 feet,.an arc length of 56.06 feet
and a chord which bears, S 00159'36" W for a distance of 56.05 feet to a calculated point of compound
curvature;
4) Along a curve to theleft,having a delta angle of 13039'14",a radius of 47.00 feet,an arc length of 11.20 feet and
a chord which bears; S 07045'53" E for a`distance of 11.17 feet to the calculated southeasterly corner of said
remainder of 5:8436 acre tract, same being the northeasterly.corner of said remainder'of 0.7922 acre tract, for
the southeasterly corner of the herein described tract;
Page 2 of 4
County: Williamson February 10,2016
Parcel Parcel 8(Martin J.Cirkiel and Pamela Cirkiel)
Project: Heritage Trail
5) THENCE, with the common boundary line of said remainder of 5.8436 acre tract and said remainder of 0.7922
acre tract, N.87055'20" W for a distance of 59,33 feet to the POINT OF BEGINNING, containing 0.041 acre,
(1,799 square feet)of land,more or less,
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203,NAD 83,
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That 1, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct and that the property described herein was determined by a survey made on the ground under my
direct supervision.
;WITN MY HAND AND SEAL at RoundRock,Williamson County,Texas} t M. RussoDate
Professional Land Su eyor N .5050
Inland Geodelics,.LLC �
Firm Registration No; 100591-00 = OF
1504 Chisholm Trail Road,Suite 103 o i S, 4
Round Rock,TX 78681 tQ�Qti �o �
S;1 CORR-PROJECTSIPARKS&REC/HERITAGE TRAIL/PARCELSICIRKIEL PARCEL 8.DOC
LAWRENCE M.RUSSO F
i aa:ait+.n,u:atuitady,.?o-,
wo
VHIBfT j
Z _
w CIRKIEL COMMONS
0 30 60
LOT 1, BLOCK .A
(REMAINDER OF.5.84 .ACRES)
CAB. P, SL 230-231
?lu0 N U' N
P.R.W,C.T,
Zw zn,N MARTIN J. CIRKIEL & PAMELA CIRKIEL
o 2 ^ (REMAINDER OF 5.8436. ACRES) v
1 I
0 0 o v o O DOC. 1998042379
0_- NO d• O.R.W.C.T,
o '!V cq� DRAINAGE & STORM SEWER
---___ EASEMENT PER PLAT
�- -
' BRUSHY CREEK WATER CONTROL cvcl
��_ AND IMPROVEMENT DISTRICT h/
0.18 ACRE WASTEWATER EASEMENT �°j cn
`u
'MSB" o
(REMAINDER OF 0.36 ACRES) a
n VOL. 1619, PG. 361
D.R.W.C.T. 0.041 AC.
1.,799 SQ. FT. �
0 Q
O S87'55'20"E 92,93' jam® r�— W
(S84'48�'E 190.06') N8T55 20 W 59.33 w
O / N
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a N O):k (n o
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3
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CITY OF ROUND ROCK
(REMAINDER OF 0.7922 ACRES) z
DOC. 1998029988
O.R.W.C.T. 4'S
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
Cl 1712'07" 75.00' 22,51' 22.43' N48432'04"E
C2 03'51'56" 830.90' 56.06' 56.05' S00'59'36"W
b2/10/2016 C3 13'39'14' 47:00' 11.20' 11,17' S0745'53"E
N n, ry o PARCEL 8
GEODET1CS EASEMENT -
_1 PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM1I TRAIL RD.S7E:103 0.041 ACRES
ROUND ROCK,TX:78681.
PN.(512)238-1200,FAx(51.2)238-1z51 1 ,799 SQUARE FEET
FIRM REGISTRATION NO.100591-00 PAGE 3 OF 4
.S: -CORR-PROJECTS PARKS-REC HERITAGE TRAIL GT31'RJ AVE--GRIMES PARCELS CIRKIEL COMMONS PARCEL 8 CIRKIEL PARCEL 8.Dwg
EXHIBIT A-
PLAT TO ACCOMPANY DESCRIPTION
LEGEND
O IRON ROD WITH CAP FOUND O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
1/2 IRON ROD FOUND WILLIAMSON COUNTY, TEXAS
UNLESS NOTED P.U.E. PUBLIC UTILITY EASEMENT
D CALCULATED POINT P.O.C. POINT OF COMMENCEMENT
FL' P.O.B. POINT OF BEGINNING
PROPERTY LINE
D.R.W.C.T. DEED RECORDS WILLIAMSON ) RECORD INFORMATION
COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
O.R.W.C.T, OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83,.CENTRAL ZONE. DISTANCES .ARE
SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE
ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT
AFFECT THIS TRACT NOT DEPICTED HEREON,
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT
THE PROPERTY SHOWN HEREON WAS DETERMINED BY A.SURVEY MADE
ON T GROUND UNDER MY DIRECT SUPERVISION. op
00/10 of
LAWRENCE M,RUSS()
LORENCE M. RUSsO D E rrryir,en n,rr.,,pytr......
GISTERED PROFESSIONAL LAND SURVEYOR NO. 5050 t 5a0f4�
LICENSED STATE LAND SURVEYOR
FIRM REGISTRATION N0, 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681 02/1.0/2016
I N L n N oPARCEL 8
GEODETIC- EASEMENT
� PROFESSIONALS LAND.-SURVEYORS
WM . 0.041 ACRES
1504 CHISHOTRAIL RD.STF-103
ROUND ROCK,TX.78681
PH.(512)238-1200,FAX(512)238-1251 1 ,799 SQUARE FEET
FIRM REGISTRATION NO.100541-00 _ PAGE 4 OF 4
ELECTRONICALLY RECORDED 2016091283
Williamson County, Texas Total Pages: 11
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That MARTIN J. CIRKIEL and PAMELA CIRKIEL, and their successors and assigns,
("Grantor", whether one or more), for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK,
TEXAS, a home -rule municipality situated in the County of Williamson and State of Texas
("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto Grantee certain rights and interests in the nature of a public trail
easement, for the benefit of the general public, in the form of recreational trails over and across
the below -described property, for use by the public for the purpose of walking, running, hiking,
bicycling, or traversing over, upon and across, and otherwise using such trails; together with the
express right to construct such recreational trails and associated facilities and maintain the
easement area by clearing and removing vegetation, silt and debris therefrom, in, upon, over,
under, above and across the below -described property:
All of that certain 0.041 acre (1,799 Sq. Ft.) tract of land in the P.A. Holder
Survey, Abstract No. 297, Williamson County, Texas; being more fully described
by metes and bounds in Exhibit "A", attached hereto and incorporated herein
(Parcel 8)(the "Easement")
The perpetual easement, rights-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public recreational trail
facilities, public trail materials and related appurtenances, equipment and signage.
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.
Except as otherwise noted, the easements, rights and privileges herein granted shall be
perpetual, provided however that said easements, rights, and privileges shall cease and revert to
Grantor in the event the facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00360760.DOC./djc
2016091283 Page 2 of 11
The easements, rights and privileges granted herein are exclusive, and Grantor covenants
that they will not convey any future easement or conflicting rights within the premises covered
by this grant, unless otherwise specified herein, without the express written consent of Grantee,
which consent shall not be unreasonably withheld. Grantee shall have the right to review any
proposed easement or conflicting use of the easement to determine the effect, if any, on the
facilities contemplated herein. Prior to granting its consent for other easements, Grantee may
require reasonable safeguards to protect the integrity of the facilities thereon. As required by this
paragraph, express written consent of Grantee shall be obtained by Grantor in the following
manner: advance written notice must be given by certified mail to the (1) City of Round Rock
City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of
Round Rock shall have ten (10) days in which to respond in writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor reserves the right to grant additional easements for utility use across the
Easement, but not longitudinally over the Easement, provided (1) crossings are made at not less
than approximate 45° angle to the trail facilities; (2) sufficient clearance between facilities is
maintained; and (3) such construction does not interfere with the access to, or with the operation,
maintenance and safety of the Grantee's trail facilities, as reasonably determined by Grantee. If
approval by City of Round Rock is required, then such approval shall not be unreasonably
withheld.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof and to extend the cuts
and fills for such grading into and on the land along and outside the easement to
such extent as Grantee may find reasonably necessary;
(b) the right from time to time to trim and to cut down and clear away any and all
trees and brush now or hereafter on the Easement and to trim and to cut down and
clear away any trees on either side of the Easement which now or hereafter in the
opinion of Grantee may be a hazard to any of the facilities, by reason of the
danger of falling thereon or root infiltration therein, or which may otherwise
interfere with the exercise of Grantee's rights hereunder, provided, however, that
all trees which Grantee is hereby authorized to cut and remove, if valuable for
timber or firewood, shall continue to be the property of Grantor, but all tops, lops,
brush and refuse wood shall be removed by Grantee;
(c) the right to mark the location of the Easement by suitable markers set in the
ground; provided that such markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the
Easement;
2
2016091283 Page 3 of 11
Grantee hereby covenants and agrees:
(a) Grantee shall promptly backfill any trench made by it on the Easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(b) To the extent allowed by law, Grantee shall indemnify Grantor against any loss
and damage which shall be caused by the exercise of the rights of ingress and
egress or by any wrongful or negligent act or omission of Grantee's agents or
employees in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement. Grantee shall not be responsible or liable for the removal, repair or damage to any
property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the
easements; provided, however, before constructing any improvements, at least ten (10) days
written notice shall be provided to Grantee of the general plans of the improvement to be
constructed on the Easement, and Grantor must first obtain the consent and approval from
Grantee of the construction and location of any improvements within the easements.
Grantee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of constructing and maintaining said facilities, all upon the
condition that Grantee will at all times after doing work in connection with the construction or
repair of said facilities restore the surface of said premises as nearly as is reasonably possible to
the condition in which the same was in before the work was undertaken, considering the uses and
purposes of the rights granted herein.
Grantor hereby dedicates the Easement as a trail easement for the purposes stated herein.
This Easement is being delivered in lieu of condemnation.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby itself, and its successors and assigns,
and legal representatives, to warrant and forever defend, all and singular, the above-described
Easement and rights and interests unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim same, or any part thereof, when the claim is by,
through, or under Grantor, but not otherwise.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this��
day of 52016.
[signature pages follow]
3
2016091283 Page 4 of 11
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF L:Ni I I; ` P1' SE-)-kk
4�
0-1
This instrument was acknowledged before me on this the day of the month of
2016, by Martin Cirkiel, known by me to be the person whose name is
subscribed tb the foregoing instrument, and acknowledged to me that he executed the same in the
capacity and for the purposes and consideration therein expressed.
GRACE ALVAREZ
. .Notary Public, State of Texas �/ C
=u.. Comm. Expires 04-03-2019 Notary Public State of Texas
%9rE of t�+.� �
,,,,,,,o Notary ID 126061759
0
2016091283 Page 5 of 11
GRANTOR:
� � c
Pamela Cirkiel
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on this the _ -day of the month of
t --c , 2016, by Pamela Cirkiel, known by me to be the person whose name is
subscribe4 to the foregoing instrument, and acknowledged to me that he executed the same in the
capacity and for the purposes and consideration therein expressed.
•�'""""'� GRACE ALVAREZ
Notary Public, State of Texas
Comm. Expires 04-03-2019
Notary ID 126061759
nnna
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
R
2016091283 Page 6 of 11
Consent and Subordination by Lienholder
Union State Bank, as the holder of liens and encumbrances against the Property which is
subject to the foregoing easement (the "Easement"), such lien evidenced by Deed of
Trust recorded in Document No. 2015101514 of the Official Public Records of
Williamson County, Texas, hereby consents to the above grant of the Easement,
including the terms and conditions of the grant and hereby subordinates its liens and
encumbrances to the rights and interests of the Grantee under the Easement, so that a
foreclosure of the liens and encumbrances will not extinguish the rights and interests of
said Grantee.
UNION STATE
Printed Name: or " L
Tide: K z .s— U-:- c,v
ACKNOWLEDGMENT
l
STATE OF TEXAS
COUNTY OFUIL-L-IaInS6N§
This instrument was acknowledged before me on thiPV1
%� y of l
2016, by bpiyi IN L. 14-el-v!;�` y , the 69 . Vi �E t1 �-- Union State , ank, in the
capacity and for the purposes and consideration recited herein.
Notary Publi , State of Texa
Printed Name: /-r'.
My Commission Expires: //—:5o
SHIRLEY A. JACKSON
••
Notary Public, State of Texas
'..+•.....� gib.
My Commission
ssion Expires
NOVEMBER
-----tnv
30, 2016
201.6091283 Page 7 of 11
County: Williamson
Parcel: Parcel 8 (Martin J. Cirkiel and Pamela Cirkiel)
Project: Heritage Trail
EXHIBIT l 1
PROPERTY DESCRIPTION FOR PARCEL 8
Page 1 of 4
February 10, 2016
DESCRIPTION OF A 0.041 ACRE (1,799 SQUARE FOOT), TRACT OF LAND SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF
THAT CALLED 5.8436 ACRE TRACT OF LAND CONVEYED TO MARTIN J. CIRKIEL AND PAMELA CIRKIEL BY
INSTRUMENT RECORDED IN DOCUMENT NO. 1998042379 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1, BLOCK A, CIRKIEL COMMONS, A
SUBDIVISION OF RECORD IN CABINET P, SLIDE 230-231 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.041 ACRE (1,799 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at an iron rod with plastic surveyors cap stamped "MBC" found in the westerly boundary line of said
remainder of 5.8436 acre tract, being the southeasterly corner of that called 20.895 acre tract of land conveyed to
FSC Rocking Horse Ranch Associates, LLC by instrument recorded in Document No. 2012022307 of the Official
Public Records of Williamson County, Texas, same being the northeasterly corner of that called 5.3992 acre tract of
land conveyed to the City of Round Rock by instrument recorded in Document No. 1997012000 of the Official
Records of Williamson County, Texas;
THENCE, departing said 20.895 acre tract, with the common boundary line of said remainder of 5.8436 acre tract and
said 5.3992 acre tract, S 14°24'07" W for a distance of 23.76 feet to a calculated point, being the southwesterly
corner of said remainder of 5.8436 acre tract, same being the northwesterly corner of the remainder of that called
0.7922 acre tract of land conveyed to the City of Round Rock by instrument recorded in Document No. 1998029988
of the Official Records of Williamson County, Texas;
THENCE, departing said 5.3992 acre tract, with the common boundary line of said remainder of 5.8436 acre tract and
said remainder of 0.7922 acre tract, S 87°55'20 E for a distance of 92.93 feet, for the calculated southwesterly
corner and POINT OF BEGINNING of the herein described tract:
THENCE, departing said common boundary line, through the interior of said remainder of 5.8436 acre tract, the
following two (2) courses:
1) Along a curve to the left, having a delta angle of 17012'07", a radius of 75.00 feet, an are length of 22.51 feet and
a chord which bears, N 48032104" E for a distance of 22.43 feet to a calculated point of tangency;
2) N 39°56'05" E for a distance of 65.35 feet to a calculated point in the easterly boundary line of said remainder of
5.8436 acre tract, same being in the existing westerly Right -of -Way (ROW) line of A. W. Grimes Boulevard
(variable width ROW), for the northerly corner of the herein described tract;
THENCE, with the common easterly boundary line of said remainder of 5.8436 acre tract and said existing westerly
ROW line of A. W. Grimes Boulevard, the following two (2) courses:
3) Along a curve to the left, having a delta angle of 03°51'56", a radius of 830.90 feet, an arc length of 56.06 feet
and a chord which bears, S 00°5936" W for a distance of 56.05 feet to a calculated point of compound
curvature;
4) Along a curve to the left, having a delta angle of 13°39'14", a radius of 47.00 feet, an arc length of 11.20 feet and
a chord which bears, S 07045'53" E for a distance of 11.17 feet to the calculated southeasterly corner of said
remainder of 5.8436 acre tract, same being the northeasterly corner of said remainder of 0.7922 acre tract, for
the southeasterly corner of the herein described tract;
2016091283 Page 8 of 11
Page 2 of 4
County: Williamson February 10, 2016
Parcel: Parcel 8 (Martin J. Cirkiel and Pamela Cirkiel)
Project: Heritage Trail
5) THENCE, with the common boundary line of said remainder of 5.8436 acre tract and said remainder of 0.7922
acre tract, N 87°55'20" W for a distance of 59.33 feet to the POINT OF BEGINNING, containing 0.041 acre,
(1,799 square feet) of land, more or less.; ,
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct and that the property described herein was determined by a survey made on the ground under my
direct supervision.
MY HAND AND SEAL at Round Rock, Williamson County, Texas.
La rence M. Russo
Registered Professional Land Su eyor N) 5050
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
S:I CORR•PROJECTS/PARKS & RECIHERITAGETRAIUPARCELSICIRKIEL PARCEL 8.000
O .
S Tel?
aaaaaes�a�aaaas:.�aaeaamcoa 4
MENCE R AUSSfl -
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5050 a�
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DELTA
2
LENGTH
W
CHORD BEARING
�Mo
rnry
M o
'v
to
to 3
_�
Z' U. 0,.�
�OcaNQ'
03'51'56"
0
56.06'
0
3
C5
CIRKIEL COMMONS
LOT 1, BLOCK A
(REMAINDER OF 5.84 ACRES)
CAB. P, SL 230-231
P.R.W.C.T.
2016091283 Page 9 of 11
1 •1
Imam, 11! -
Nd
MARTIN J. CIRKIEL & PAMELA CIRKIEL
(REMAINDER OF 5.8436 ACRES)
DOC. 1998042379
DRAINAGE & STORM SEWER O.R.W.C.T. /
-� EASEMENT PER PLAT
--------------
BRUSHY CREEK WATER CONTROL
AND IMPROVEMENT DISTRICT
0.18 ACRE WASTEWATER EASEMENT 45
P.O.C.(REMAINDER OF 0.36 ACRES)
��'MSB"
VOL. 1619, PG. 361
N'� D.R.W.C.T. 0.041 AC.
1,799 SQ. FT.
FEE—
S87'5520"E 92.93'
-r----
O ( N (S84'48''E 190.06') N8T55'20"W 59.33'
�N0U
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D O '^ I�
IN gr
02/10/2016
I N LA N Du
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (51.2)238-1200,FAX (S12)238-1251
1 FIRM REGISTRATION NO. 100591-00 R
CITY OF ROUND ROCK
(REMAINDER OF 0.7922 ACRES)
DOC. 1998029988
O.R.W.C.T.
0
d'
z
Ln
w
n
DELTA
RADIUS
LENGTH
W
CHORD BEARING
Cl
1712'07"
o�
22.51'
M>
_�
L1J
03'51'56"
830.90'
56.06'
0
3
C5
C3
13'39'14"
47AO'
11.20'
11.17'
S0745'53"E
NUMBER
DELTA
RADIUS
LENGTH
CHORD
CHORD BEARING
Cl
1712'07"
75.00'
22.51'
22.43'
N48'32'04"E
C2
03'51'56"
830.90'
56.06'
56.05'
S00'59'36"W
C3
13'39'14"
47AO'
11.20'
11.17'
S0745'53"E
PARCEL. 8
EASEMENT
0..041 ACRES
1,799 SQUARE FEET
PAGE 3 OF 4
LEGEND
O
IRON ROD WITH CAP FOUND
a
1/2" IRON ROD FOUND
P.U.E.
UNLESS NOTED
D
CALCULATED POINT
P.O.B.
PROPERTY LINE
D.R.W.C.T.
DEED RECORDS WILLIAMSON
COUNTY, TEXAS
P.R.W.C.T.
PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
0. R. W. C. T.
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
A 2016091283 Page 10 of 11
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.U.E.
PUBLIC UTILITY EASEMENT
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
( )
RECORD INFORMATION
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCES ARE
SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE
ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT
AFFECT THIS TRACT NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT
THE PROPERTY SHOWN HEREON WAS DETERMINED BY A -SURVEY MADE
ON TH� GROUND UNDER MY DIRECT SUPERVISION.
L WRENCE M. RUSSO 1J DAF
LA
,R GISTERED PROFESSIONAL ND SURVEYOR NO. 5050
LICENSED STATE LAND SURVEYOR
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
FPROFESSIONAL
A N Du
ETICS ;i
LAND SURVEYORS
M TRAIL RD. STE. 103
OCK, TX. 78681
00,FAX(512) 238-1251
a FIRM REGSRTION NO. l OQ591-00 F
f4/ftles-144,
505c
��4�.Ess1
02/10/2016
PARCEL 8
EASEMENT
0.041 ACRES
1,799 SQUARE FEET
PAGE 40F4
2016091283 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2016091283
Pages- 11 Fee- $57.00
09/29/2016 02.08 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a letter agreement with Martin and Pam Cirkiel for the
purchase of a Trail Easement needed on the Brushy Creek Trail Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/19/2016
Dept Director: Steve Sheets
Cost:
Indexes:
Attachments: 00362675.PDF, 00362684.PDF
Department: Legal Department
Text of Legislative File CM-2016-1167
Consider executing a letter agreement with Martin and Pam Cirkiel for the purchase of
a Trail Easement needed on the Brushy Creek Trail Project.
0.041 AC Trail Easement appraised value of$13,379 accepted by owners
$13,379
Brushy Creek Trail Easement
Staff recommends approval.
City of Round Rock Page 1 Printed on 811812016