CM-2016-1196 - 10/7/2016Sheets & Crossfield,P.c.
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 . fax 512-255-8986
August 2, 2016
Tilden and Kimberly Baack
1700 Old Settlement Road
Round Rock, Texas 78664
Re: City of Round Rock—Brushy Creek Trail Easement
Parcel 5
Dear Tilden & Kimberly:
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 0.084 acre, City will
pay the sum of $1,764, 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 ("Title Company") 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. Owner shall assist City and Title Company
with any curative measures or mortgage lien subordination required as a condition of the
Closing.
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.
00361975.DOC
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
AGREED:
Tilden W. aack
Date: a l
I��t,(-� G �L
KimberlJ. Baack
"2 Ff/
Date: q
CITY OF ROUND ROCK, TEXAS
By:
Printed Name: L/,(A/ i.L
Its: Mu
Date:
Very truly yours,
—Dcn,' C"Wz'-
2
Don Childs
Sheets & Crossfield, P.C.
EXHIBIT "A" TO LETTER AGREEMENT
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That TILDEN W. BAACK and KIMBERLY J. BAACK, 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 0.084 acre (3,675 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
Pareel 5 (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.
00361713.DOC./dje
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 fiom 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
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.
Grantor retains the right to construct a road, driveway or similar structure across the
Easement that does not otherwise impede or alter the proper use or function of the purposes of
the Easement as set out herein or the use of any improvements constructed and maintained by
Grantee in the Easement area. Grantee covenants to cooperate with Grantor in order to allow
Grantor to reasonably enjoy the benefits of this retained right.
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,
improvements 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.
3
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 2�y
day of ,s°po�e,n d� , 2016.
GRANTOR:
;a , �.o�
Tilden W. Baack
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF...j MS10!q
This instrument was acknowledged before me on this the � day of the month of
r_ -
0,11 l r , 2016, by Tilden W. Baack, known by me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the
capacity and for the purposes and consideration therein expressed.
" DENISE MARTINEZ
*_ * to notary P01o, Slate of Texas
i s MyComml knExplres Notary Public, State of Texas
oF; �•' OCTOBER 14, 2016
M
GRANTOR:
Kimberly I Baack
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF
This _ instrument was acknowledged before me on this the day of the month of
, 2016, by Kimberly I Baack, known by me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the
capacity and for the purposes and consideration therein expressed.
j•,2p: .w�c..M
tNEZ*? *? Taxasres.' ��;;`'y 016
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
Notary Public, State of Texas
5
Consent and Subordination by Lienholder
A+ Federal Credit Union, as the holder of certain 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. 2010030746 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.
STATE OF TEXAS
COUNTY OF '-RMS
A+ FEDERAL CREDIT UNION
By: 9 -
Printed %_P
e: JWTitle: /7
ACKNOWLEDGMENT
2
N
N
This instrument was acknowledged before me on this the ?9` day of deAil 1 tr ,
2016, by j l l'I dV E- (Yl iYl.y—rl , the AV Porfa7orTcutie_Uge1jll of A+ Federal Credit
Union, in the capacity and for the purposes and consideration recited herem.
`�.uuuruiy�
, .... � DENISE L. PEEBLES
i- S
Notary Public, State of Texas
Printed Name: Der r Se (,
My Commission Expires: (a -Z-1-2018
M
Page 1 of 4
County: Williamson January 26, 2016
Parcel: Parcel 5 (Tilden & Kimberly Baack)
Project: Heritage Trail
EXHIBI ► A
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 0.084 ACRE (3,675 SQUARE FOOT), TRACT OF LAND SITUATED IN THE P. A. HOLDER
SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 0.317
ACRE TRACT OF LAND CONVEYED TO TILDEN W. BAACK AND KIMBERLY J. BAACK BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2000036940 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.084 ACRE (3,675 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the westerly boundary line of the remainder of that called 3.708 acre tract,
conveyed to KAHA Properties, LLC by instrument recorded in Document No. 2012046864 of the Official Public
Records of Williamson County, Texas, same being the easterly boundary line of said 0.317 acre tract, for the most
northeasterly comer of the herein described tract, and frorn which an iron rod w/ plastic cap stamped "MBC" found,
being the southwesterly 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, being the northwesterly corner of the remainder of said 3.708 acre tract, also being the easterly
boundary line of said 0.317 acre tract, bears along a curve to the left, having a delta angle of 38°06'03", a radius of
95.02 feet, an arc length of 63.19 feet and a chord which bears, N 49°25' 14" W for a distance of 62.03 feet, and along
a curve to the right, having a delta angle of 33°11'38", a radius of 55.01 feet, an arc length of 31.87 feet and a chord
which bears, N 51°52'19" W for a distance of 31.43 feet;
THENCE, with the common boundary line of the remainder of said 3.708 tract and said 0.317 acre tract, the following
two (2) courses:
1) Along a curve to the right, having a delta angle of 41°53'58", a radius of 95.02 feet, an arc length of 69.49 feet
and a chord which bears, S 09°25'14" E for a distance of 67.95 feet to a calculated point of tangency;
2) S 11031144 W for a distance of 1.34 feet to a calculated point, for the most southerly corner of the herein
described tract;
THENCE, departing the westerly boundary line of the remainder of said 3.708 tract, through the interior of said 0.317
acre tract, the following two (2) courses:
3) Along a curve to the right, having a delta angle of 04026'58", a radius of 525.00 feet, an arc length of 40.77 feet
and a chord which bears, N 55016'17" W for a distance of 40.76 feet to a calculated point of tangency;
4) N 55°13'18 W for a distance of 5.69 feet to a calculated point, being in the easterly boundary line of Lot 1, Block
A, Opus Subdivision, a subdivision of record in Cabinet Q, Slide 41-42 of the Plat Records of Williamson County,
Texas, same being the westerly boundary line of said 0.317 acre tract, for the southwesterly corner of the herein
described tract;
THENCE, with the common boundary line of said Lot 1, and the remainder of said 3.708 tract, the following two (2)
courses:
5) Along a curve to the left, having a delta angle of 62002'37", a radius of 55.01 feet, an are length of 59.57 feet and
a chord which bears, N 37°27'05" W for a distance of 56.70 feet to a calculated point of reverse -curvature;
6) Along a curve to the right, having a delta angle of 28°37'52", a radius of 95.02 feet, an arc length of 47.48 feet
and a chord which bears, N 54°09'20" W for a distance of 46.99 feet to a calculated point, for the most
northwesterly corner of herein described tract;
THENCE, departing said Lot 1, through the interior of said 0.317 acre tract, the following two (2) courses:
7) S 76059'59" E for a distance of 61.86 feet to a calculated point of curvature;
Page 2 of 4
County: Williamson January 26, 2016
Parcel: Parcel 5 (Tilden & Kimberly Baack)
Project: Heritage Trail
8) along a curve to the right, having a delta angle of 19048'35", a radius of 125.00 feet, an arc length of 43.22 feet
and a chord which bears, S 67005'42" E for a distance of 43.00 feet to the POINT OF BEGINNING, containing
0.084 acre, (3,675 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.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
LkVnce M. Russo
Registered Professional Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
S:/ CORK-PROJECTS/PARKS & REC/HERITAGE TRAIL/PARCELS/BAACK PARCEL5.DOC
to
p
U. S. 79
(VARIABLE WIDTH ROW)
EXISTING
LOT 1 1
BLOCK "A" l ' r 7 I f 0 25 50
OPUS SUBDIVISION �,�� fr-JJL DE ! ` LJK- V /, { I - "r=- ---1
CAB. P,.R WDET41-42 ' A-,rJ3 fl`rl rl J�J0, ,c) 1„ 50'
FSC ROCKING HORSE RANCH ASSOCIATES, LLC
KAHA PROPERTIES (20.895 ACRES)
TRACT 1 DOC. NO. 2012022.307
(REMAINDER OF 3.708 AC.) O.P.R.W.C.T.
DOC. NO. 2012046864 ire°
O.P.R.W.C.T. \
cl _
�A
TILDEN W. &X67 8s 9'E
KIMBERLY J. BAACK \ �-
(0.317 AC) c� I P.O.B.
DOC. NO. 2000036940
O.P.R.W.C.T. KAHA PROPERTIES, LLC
TRACT 1
\ (REMAINDER OF 3.708 AC.)
S DOC. N0. 2012046864
0.084 AC. O.P.R.W.C.T.
\ 3,675 SQ. F!'.
\ \ N55'13'18"W ��� P
\ 5.69' \ �o�
S11'31'44"W
f, \
r �o
FTILDEN W. A, KIMBERLY J. BACK
(10.727 AC)
DOC. NO. 2000036940
DETAIL "A" O.P.R.W.C,T.
N.T.S.
NUMBER
DELTA
RADIUS
LENGTH
CHORD
CHORD BEARING
Cl
38'06'03"
95.02'
63.19'
62.03'
N49'25'14"W
C2
3311'38"
55.01'
31.87'
31.43'
N51'52'19"W
C3
41'53'58"
95.02'
69.49'
67.95'
S09'25'1 4"E
C4
4'26'58"
525.00'
40.77'
40.76'
N55'16'17"W
C5
62'02'37"
55.01'
59.57'
56.70'
N37'27'05"W
C6
28'37'52"
95.02'
47.48'
46.99'
N54'09'20"W
C7
19'48'35"
125.00'
43.22'
43.00'
S67'05'42"E
FL LAND SURVFYORS
MTRAIL RD. STE. 103
OCK, TX. 78681
00,FAX(512) 238-1251
FIRM REGISTRATION NO. 100591-00
PARCEL 5
EASEMENT
0.034 ACRES
3,675 SQUARE FEET
PAGE 3 OF 4
m
LEGEND
O IRON ROD WITH CAP FOUND O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
O 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS
UNLESS NOTED P.U.E. PUBLIC UTILITY EASEMENT
CALCULATED POINT P.O.B. POINT OF BEGINNING
(� PROPERTY LINE ) RECORD INFORMATION
D. R. W. C. T. DEED RECORDS WILLIAMSON
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 THE GROUND UNDER MY DIRECT SUPERVISION.
,1� U
12oj
�C,
x -k
A' WRENCE M. RUSSO
REGISTERED PROFESSIONAL LAi D SURVEYOR NO.
DATE
5050
.1 '130
t
INLAND GEODETICS, LLC
u°
FIRM REGISTRATION NO. 100591-00='`:
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
EASEMENT
PROFESSIONAL LAND
1504CHISHOLMTRAIL RD. S E.ORS 103 0.084- ACRES
ROUND ROCK, TX.2)238 3,675 SQUARE FEET
PH. (512) 238-1200, FAx (5 12) 238-1251
j FIRM REGISTRATION NO. 100591-00 -
PAGE 4OF4
City of Round Rock
ROUND ROC TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a letter agreement with Tilden and Kimberly Baack for
the purchase of a Trail Easement needed for the Brushy Creek Trail
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/7/2016
Dept Director: Steve Sheets
Cost: $1,764.00
Indexes:
Attachments: 00365148.PDF, 00365139.PDF
Department: Leqal Department
Text of Legislative File CM -2016-1196
Consider executing a letter agreement with Tilden and Kimberly Baack for the purchase
of a Trail Easement needed for the Brushy Creek Trail Project.
The purchase price for the easement is equal to the City's appraised value.
$1,764.00
Brushy Creek Trail
Staff recommends approval.
City of Round Rock Page 1 Printed on 101612016