Contract - Comet Realty, LLC - 3/11/2021Sheets & Crossfioeld, PLU
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-738-8725 (D) . fax 512-255-8986
don&crrlaw.com
January 29, 2021
Comet Realty, L.L.0
800 N. Georgetown Street
Round Rock, Texas 78664
Re: City of Round Rock
Heritage Trail easement
Parcel No.: 5
Dear Mr. Burgess:
Please allow this letter to set out my understanding regarding our Agreement for
the acquisition of a trail easement interest in and across portions of the property owned
by Comet Realty, L.L.C. ("Owner") as part of the City of Round Rock's ("City")
proposed Heritage Trail improvements and related appurtenances ("Project").
By execution of this letter the parties agree as follows:
1. In return for Owner's delivery to City of a fully executed and
acknowledged trail easement ("Easement") in and across that certain parcel of land being
0.519 acre, and in the form as set out in Exhibit "A" attached hereto and incorporated
herein, City shall pay Owner the sum of $87,033.00 in cash.
2. If requested by City, the Closing and completion of this transaction shall
take place at Independence Title ("Title Company") within thirty (30) days after full
execution of this Agreement, or at other date and time agreed to between the parties.
Upon request Owner shall provide reasonable assistance, at no cost to Owner, to
cause the Title Company to issue a policy of title insurance, with standard printed
exceptions, to City in completion of this transaction. City shall be responsible for all
typical closing fees and costs associated with this transaction, 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 consent or subordination required
as a condition of the Closing.
3. This Agreement is being made, and the Easement is being delivered, in
lieu of condemnation.
00464634.DOC
FS 10. 2-o2.--oj --- V4 I
If this meets with your understanding please execute this letter where indicated
below and return it to me, and we will have this approved and signed by the City and
process this for Closing and payment as quickly as possible.
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
AGREED:
COMET REALTY, L.L.C.
BJ1.
Name:
Its:
Date:
Very truly yours,
Don Childs
Sheets & Crossfield, PLLC
2
ACCEPTED AND AGREED:
CITY OF ROUND ROCK, TEXAS
By: AA
Printed Name.
Its:Li
Date:.3 v It 0 ?A
EXHIBIT "A" FORM OF EASEMENT FOLLOWS
4
TRAIL EASEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
That COMET REALTY, L.L.C., and its successors and assigns, ("Grantor", whether one
or more), for and in consideration oef thsum oenf Tand N/100o 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 (the "Property" or "Easement"):
All of that certain 0.519 acre (22,606 Sq. Ft.) tract of land I'*n the Wiley Harris
Survey, Abstract No. 298, Williamson County, Texas; being more fully described
by metes and bounds in Exhibit "A", attached hereto and incorporated herein
Parcel5).
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 herei*nabove described Property to the extent, and only to the extent, that
the same may still be i*n force and effect and shown of record i*n 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 i*n the event the facilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
00464637.DOC/dc
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 Property 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, I*f 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 i*n 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 i"n 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 or the Property, 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 i*n 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 I*n 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 I*t on the Easement and repair
any damage i*t 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 Property 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 Property,, 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
19
repair of said facilities restore the surface of said premises as nearly as is reasonably possible to
the condition i*n which the same was i*n 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.
day of
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
. 2021 .
Isignature pages follow)
3
GRANTOR:
COMET REALTY, L.L.C.
Name:
Its:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month of
5 2021, by in the capacity and for the purposes
and consideration therein expressed.
Notary Public, State of Texas
4
PREPARED IN THE OFFICE OF:
Sheets & Crossfi'oeld, PLLC
309 East Main
Round Rock, Texas 78664
GRANTEE'SAIAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
5
County. Williamson Page 1 of 4
Parcel, PARCEL 5 Realty 2,762 Acres) August 13, 2020
Project.o Heritage Trail a
EXHIBIT- -'`
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 0,519 ACRE S-QUARE FOOT), TRACT OF LAND
SITUATED IN THE WILEY HARRIS SURVEY ABSTRACT NO. 298 IN
WILLIAMSON COUNTY TEXAS, BEING A PORTION OF THAT CALLED 2.762
ACRE TRACT OF LAND CONVEYED TO COMET REALTY, L.L.C. BY
INSTRUMENT RECORDED IN DOCUMENT NOO 2008091376 OF THE
OFFICIAL PUBLIC RE -CORDS OF WILLIAMSON COUNTYTEXAS SAID Oe519
ACRE (22 606 SQUARE --.A`'.. OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS*
BEGINNING at a Cap.ped Iron Rod stamped "Inland '.'3.s..'.the westerly boundary line of
said 2,,762 acre tract, same being in the line of Lot 10 of a
subdivision0 a 0of 'in Cab'l'net _ Slides'��^ Plat(.�.. of `'`-'...,n County,
Texas, for .., corner .f.�' herein .��`.`.~. tract,. from ,/.... a 1/2" 'iron rod
found being the northwesterly corner of sa'i'd 2,.762 acre tractsame being the southwesterly
corner .,,`-ai.der,'..11e'4�i^..�r..'....' to ,e..''._s`.`..'
477. A",�^, Legion by . Page ''; ,�,�p. .. .^�^' ^�.`of `' Deed Records of
willil'a~son Texas,.x,._^^.�...g/]``0 . easterly boundary line of Lot 10, Heritage Center,
bears N 02*01'14" W for a d*1stance of 116,,70 feet to a calculated point
pass at a di'stance of 16.22 feet a Capped Iron Rod stamped ''.-o,.`-l_ for a total
distance of 109.86 feet;
THENCE sa'I'd easterl boundary line of Lot 10, through the ientenor of salad 2.762
acre tract the followin, three 3) courses;
9
.` N E for a delstance of 15,.91 feet .` a Capped Iron Rod- sta ped .i|an.
4933 set,
'' S 60*21'48" E for a d*1stance of 23.81 feet to a Capped Iron Rod stamped ^.n'].
4933 if sets
.` S E for a di"stance of 172.66 feet to a Capped Iron Rod `o``d
4933",'.`...' boundary .-e`'s''.'^'`.a`'``,.�.-.�..e.`.'`t.`
a 6 existingwesterly Ri g- htlmofmWay(R.O.W� �'e of Street wi"dth
R.O.W.), for the northeasterly corner hereof, from whl*ch the northeasterly corner of
sa'iod 2,,762 acre tract sa e being the southeasterly corner of said re ainder of 4.52
acre tract, bears N 120 23 1 46` E for a diIstance of 229,.30 feet to a calculated point,
N 10'008'46 E for a d*istance of 111.22 feet to a calculated point and N 06*08'46" E,
pass .,.^.,,.`....�, a .`.|'`..,.[......i'...`/,'''.'
feet,*
THENCE,w.`'.°`�^,.....h..:�'`'�',.``'-''�..`-.'.2'23...'....`'`.a.,./.,,..
62,36' feet a 1/2" Iron Pipe found 2.48 feet right of th'is course, for a total distance of 109.66
feet to a calculated point in the record calculated centerli'ne of Brushy Creek be*ing
the corner `/
`.,'2.762a`'e`^'''^^._.' corner hereof;
County: Williamson
Parcel: PARCEL 5 (Comet Realty 2.762 Acres)
Project: Heritage Trail
Page 2 of 4
August 13, 2020
THENCE, departing said westerly R.O.W. line, with said centerline of Brushy Creek, same
being the southerly boundary line of said 2.762 acre tract, for area calculations only, the
following two (2) courses:
1) S 88053'46" W for a distance of 82.87 feet to a calculated point;
2) S 76048y46" W for a distance of 97.80 feet to a calculated point being the
southwesterly corner of said 2.762 acre tract, for the southwesterly corner hereof;
THENCE, departing said centerline of Brushy Creek, N 0200114" VV, pass at a distance of
25.20 feet a calculated point being the Southeasterly corner of said Lot 10, continuing with the
common westerly boundary line of said 2.762 acre tract and said easterly boundary line of Lot
10, for a total distance of 147.60 feet to the POINT OF BEGINNING, containing 0.519 acres
(22,606 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, M. Stephen Truesdale, 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.
M. Stephen TrUesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Date
1
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EXHIBIT
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I ICI L A N D u PARCEL 5
CEODETICS ACQUISITION
PROFESSIONAL LAND SURVEYORS 0.519 ACRES
1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, Tx.7sGs1 22,60� SQUARE FEET AUGUST 139 2020
PH. (512) 238-1200, FAX (512) 238-1251
FIRM REGISTRATION NO. 100591-00 JW PAGE 3 OF 4
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�IRON
ROD WITH CAP FOUND
p.R.W.CIPLAT
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UNLESS NOTED
O.R.W.C.T.
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OFFICIAL RECORDS
VMLUAMSON COUNTY, TEXAS
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RECORD INFORMATION
COUNTY. TEXAS
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NOTES:
HEREON �[ BASED ON �E �� �� PLANE COORDINATE ��W. �0 �CENTRAL1} BEARINGS SHOWN H . C
ZONE. DISTANCES ARE SURFACE DISTANCES.
PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. 2) THIS SURVEY �A8 . THERE WAY BE OTHER INSTRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
3) GRADIENT EDGE OF WATER LINE ON APR|L 15, 2020. AS IMPOUNDED BY VETERAN'S PARK DAM.
AA
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND
THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A OF
SURVEY MAD- ON THE GROUND UNDER WY DIRECT SUPERVISION.
pl-IIEN' TRUE
Ir
DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
fl
LICENSED STATE LAND SLJRVEYOR
INLAND oE0DETICS, LLC
FIRM REGISTRATION NO. 100591-00 �-
1504 CHISVOLW TRAIL ROAD, sulT[ 103
ROUND ROCK' TEXAS 7e681
PACQUISITIO
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