CM-2016-1255 - 12/9/2016Sheets & Crossfield, P.c.
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 . fax 512-255-8986
October 27, 2016
Andrea Richardson, Executive Director
Bluebonnet Trails Community MHMRC
1009 N. Georgetown Street
Round Rock, Texas 78664
Re: City of Round Rock—Brushy Creek Trail Easement
Parcel 1
Dear Andrea:
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 the Bluebonnet Trails
Community Mental Health and Mental Retardation Center (`BTMHMRC") 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 1.634 acres, City will
pay BTMHMRC the sum of $33,981, 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. BTMHMRC 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 have this letter approved and
executed where indicated and return it to me, and we will in turn have this approved and
signed by the City and process this for payment as quickly as possible.
00366635.DOC
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
o0
46,1- Charles Crossfield
Sheets & Crossfield, P.C.
AGREED:
BLUEBONNET TRAILS COMMUNITY MENTAL HEALTH AND MENTAL
RETARDATION CENTER
By:
Andrea Richardson, Executive Director
Date: I' zzAy
CITY OF ROUND ROCK, TEXAS
By: /� />'�•� eJ
Printed Name: I t/!-'%�.� n %�i 2 �1 X w'z
Its:
J
Date:
2
EXHIBIT "A" (TRAIL EASEMENT FORM) FOLLOWS
THIS PAGE
TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That BLUEBONNET TRAILS COMMUNITY MENTAL HEALTH AND MENTAL
RETARDATION CENTER, a non-profit corporation, and its 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 1.634 acre (71,159 Sq. Ft.) tract of land in the Wiley Harris
Survey, Abstract No. 289, Williamson County, Texas; being more fully described
by metes and bounds in Exhibit "A", attached hereto and incorporated herein
Parcel 1 (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.
00364621.DOC./djc
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
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 page follows]
GRANTOR:
BLUEBONNET TRAILS COMMUNITY MENTAL HEALTH AND MENTAL
RETARDATION CENTER, a non-profit corporation
By:
Printed Name: Andrea Richardson
Its: Executive Director
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the Z11j day of the month of
2016, by known by me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that they
have executed the same in the capacity and for the purposes and consideration therein expressed.
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
C�51�
�DJL4
Notary Public, State of Texa
o"a LETHA DELZ
Notary Public, State of Texas
My Commission Expires
October 31, 2017
4
Page 1 of 4
County: Williamson Feb. 3, 2016
Parcel: PARCEL 1 (Bluebonnet Trails) Revised Sept. 20, 2016
Project: Heritage Trail
EXHIBIT A
PROPERTY DESCRIPTION FOR PARCEL 1
DESCRIPTION OF A 1.634 ACRE (71,159 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. 289, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 4 (13.749 ACRES), GEORGETOWN
AVENUE COMMERCIAL SUBDIVISION, SECTION TWO, A SUBDIVISION OF RECORD IN CABINET Q, SLIDES 115-116 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, CONVEYED TO BLUEBONNET TRAILS COMMUNITY MENTAL
HEALTH AND MENTAL RETARDATION CENTER BY INSTRUMENTS RECORDED IN DOCUMENT NO. 2001036580,
2001036581 AND 2001036582 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.634 ACRE
(71,159 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS As
FOLLOWS:
BEGINNING at a calculated point in the easterly boundary line of said Lot 4, same being in the westerly boundary line of that called
30.34 acre tract of land conveyed to the City of Round Rock by instrument recorded in Document No. 2001040257 of the Official
Public Records of Williamson County, Texas, for the northeasterly corner of the herein described tract, and from which a 1/2" iron
rod found alongside an Axel, being in the easterly boundary line of Lot 3, of the Amending Plat of Georgetown Avenue Commercial
Subdivision, a subdivision of record in Cabinet Q, Slide 356-358 of the Plat Records of Williamson County, Texas, same being the
southwesterly corner of Lot 1 of the Lor -Mack Subdivision, a subdivision of record in Cabinet F, Slide 281 of the Plat Records of
Williamson County, Texas, bears N 00°32'40" E at a distance of 306.81 feet;
1) THENCE, with the common boundary line of said Lot 4 and said 30.34 acre tract, S 00°32'40" W, for a distance of 172.59
feet to a calculated point, being the southeasterly corner of the herein described tract, and from which a 1/2" iron rod with
plastic surveyors cap stamped "B -A" found, being the southeasterly corner of said Lot 4, being the westerly boundary line
of said 30.34 acre tract, same being the northeasterly corner of Lot 5 (1.921 acres), of said Georgetown Avenue
Commercial Subdivision, Section Two and conveyed to the City of Round Rock by instrument recorded in Document No.
2003021105 of the Official Public Records of Williamson County, Texas, bears S 00'32'40"W at a distance of 71.87 feet;
THENCE, departing said 30.34 acre boundary line, through the interior of said Lot 4, the following eight (8) courses:
2) Along a curve to the right, having a delta angle of 36°36'01", a radius of 125.00 feet, an arc length of 79.85 feet and a
chord which bears, S 65°26127" W for a distance of 78.50 feet to a calculated point of tangency;
3) S 83°44'27" W for a distance of 215.77 feet to a calculated point of curvature to the left;
4) Along said curve to the left, having a delta angle of 00°34110", a radius of 11975.00 feet, an arc length of 119.03 feet and
a chord which bears S 83°27122" W, for a distance of 119.03 feet to a calculated point of reverse -curvature;
5) Along a curve to the right, having a delta angle of 07°30'34", a radius of 1525.00 feet, an arc length of 199.87 feet and a
chord which bears, S 86°55134" W for a distance of 199.73 feet to a calculated point of reverse -curvature;
6) Along a curve to the left, having a della angle of 05°13'06", a radius of 475.00 feet, an arc length of 43.26 feet and a
chord which bears, S 88°04'18" W for a distance of 43.25 feet to a calculated point of reverse -curvature;
7) Along a curve to the right, having a delta angle of 12°00'36", a radius of 1025.00 feet, an are length of 214.86 feet and a
chord which bears, N 88°31'57" W for a distance of 214.46 feet to a calculated point of reverse -curvature
8) Along a curve to the left, having a delta angle of 12°02'57", a radius of 275.00 feet, an are length of 57.83 feel and a
chord which bears, N 88'33107" W for a distance of 57.73 feet to a calculated point of tangency;
9) S 85'25'20" W, for a distance of 73.66 feet to a calculated point in the southerly boundary line of said Lot 4, same being
in the northerly line of said Lot 5, for the southwesterly corner of the herein described tract, and from which a calculated
angle point in the common boundary line of said Lot 4 and said Lot 5 bears S 54'40'24" E at a distance of 4.07 feet;
10) THENCE, with said common boundary line, N 54°40'24" W, for a distance of 62.65 feet to a calculated point, for the
northwesterly corner of the herein described tract;
County: Williamson
Parcel: Parcel 1 (Bluebonnet Trail)
Project: Heritage Trail
THENCE, departing said Lot 5 boundary line, through the interior of said Lot 4, the following six (6) courses:
Page 2 of 4
Feb. 3, 2016
Revised Sept. 20, 2016
11) Along a curve to the right, having a delta angle of 22°51'08", a radius of 125.00 feet, an arc length of 49.86 feet and a
chord which bears, N 73°59'50" E for a distance of 49.53 feet to a calculated point of tangency;
12) N 85°25'20" E for a distance of 57.79 feet to a calculated angle point;
13) N 07052'24" E for a distance of 10.00 feet to a calculated point of curvature to the right;
14) Along said curve to the right, having a delta angle of 26°43'03", a radius of 125.00 feet, an arc length of 58.29 feel and a
chord which bears, N 56°04'10" W for a distance of 57.76 feet to a calculated point of reverse -curvature;
15) Along a curve to the left, having a delta angle of 36°15'46", a radius of 75.00 feet, an arc length of 47.47 feet and a chord
which bears, N 60°50'31" W for a distance of 46.68 feet to a calculated angle point;
16) N 78°58'24" W for a distance of 13.49 feet to a calculated point in said existing easterly ROW line of Georgetown Avenue,
same being the westerly boundary line of said lot 4, and from which a 1/2" iron rod found in the existing easterly right-of-
way (ROW) line of Georgetown Avenue (60 foot ROW width), being the calculated northwesterly corner of said Lot 5,
same being the southwesterly corner of said Lot 4, bears S 10°03'57" W at a distance of 39.19 feet;
17) THENCE, with the common boundary line of said existing ROW line and Lot 4, N 10°03157" E, for a distance of 50.01 feet
to a calculated point;
THENCE, departing said existing ROW line, through the interior of said Lot 4, the following twelve (12) courses:
18) S 78°58'24" E for a distance of 14.33 feet to a calculated point of curvature to the right;
19) Along said curve to the right, having a delta angle of 36°15'46", a radius of 125.00 feet, an arc length of 79.11 feet and a
chord which bears, S 60°50'31" E for a distance of 77.80 feet to a calculated point of reverse -curvature;
20) Along a curve to the left, having a delta angle of 48°50'38", a radius of 75.00 feet, an arc length of 63.94 feet and a chord
which bears, S 67°07157" E for a distance of 62.02 feet to a calculated point of curvature to the left;
21) Along said curve to the left, having a delta angle of 03°46'01", a radius of 1,575.00 feet, an arc length of 103.55 feet and
a chord which bears, N 86°33'43" E for a distance of 103.53 feet to a calculated point of reverse -curvature;
22) Along a curve to the right, having a delta angle of 89°13107", a radius of 75.00 feet, an are length of 116.79 feet and a
chord which bears, S 50042144" E for a distance of 105.34 feet to a calculated point of curvature to the left;
23) Along said curve to the left, having a delta angle of 03°15'08", a radius of 975.00 feet, an arc length of 55.34 feet and a
chord which bears, N 87°05'19" E for a distance of 55.34 feet to a calculated point of reverse -curvature;
24) Along said curve to the right, having a delta angle of 05°13'06", a radius of 525.00 feet, an arc length of 47.81 feet and a
chord which bears, N 88°04'18" E for a distance of 47.80 feet to a calculated point of reverse -curvature;
25) Along a curve to the left, having a delta angle of 07°30'34", a radius of 1475.00 feet, an arc length of 193.32 feel and a
chord which bears, N 86°55'34" E for a distance of 193.18 feet to a calculated point of reverse -curvature;
26) Along a curve to the right, having a delta angle of 00°34110", a radius of 12025.00 feet, an arc length of 119.53 feet and a
chord which bears, N 83°27122" E for a distance of 119.53 feet to a calculated point of tangency;
27) N 83°44'27" E for a distance of 215.77 feet to a calculated point of curvature to the left;
28) Along said curve to the left, having a delta angle of 80033'19", a radius of 75.00 feet, an arc length of 105.45 feet and a
chord which bears, N 43°27148" E for a distance of 96.97 feet to a Calculated point of reverse -curvature;
Page 3 of 4
County: Williamson Feb. 03, 2016
Parcel: Parcel 1 (Bluebonnet Trail) Revised Sept. 20, 2016
Project: Heritage Trail
29) Along a curve to the right, having a delta angle of 09°23'19", a radius of 525.00 feet, an arc length of 86.03 feet and a
chord which bears, N 07052'48" E for a distance of 85.93 feet to the POINT OF BEGINNING, containing 1.634 acres,
(71,159 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.
WITNE�S,MY HAND AND SEAL at Round Rock, Williamson County, Texas.
L 'Wre ce M. Russo
Regi ered Professional Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Date
S:/ CORR PROJECTS/PARKS & REC/HERITAGE TRAIUPARCELS/BLUEBONNET TRAIL PARCELI-REV2.DOC
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1 N L A N D u PARCEL 1
GEODETICS = EASEMENT
GROFESS,O—L w D RlRVEYO
1504 CHUOIJU TRAIL RD. M 106 1.634 ACRES
ROUND ROCK. TX 76681
FILt5
1823E-12o.F,xa12)735-TZ51 71,159 SQUARE FEET
°C1ON�'tO0S1 °O PAGE 4 OF 4
10
City of Round Rock
JROUNO
ROCK
XAS Agenda Item Summary
Agenda Number:
Title: Consider executing a letter agreement with Bluebonnet Trails Community
MHMRC 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: 12/9/2016
Dept Director: Steve Sheets
Cost: $33,981.00
Indexes: General Self -Financed Construction
Attachments: 00368699.PDF, 00368643.PDF
Department: Legal Department
Text of Legislative File CM -2016-1255
Consider executing a letter agreement with Bluebonnet Trails Community MHMRC 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 of $33,981.
Staff recommends approval.
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