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R-03-10-09-13C1 - 10/9/2003RESOLUTION NO. R -03-10-09-13C 1 WHEREAS, revisions to the State Highway 45 design have resulted in the necessity to acquire different access rights from the property known as the DuPont subdivision in the City of Round Rock, and WHEREAS, the Texas Turnpike Authority is acquiring the new access rights from the property owner Maxserve, Inc. through a separate purchase and has requested that the City relinquish the existing access rights which were previously acquired by subdivision plat, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Release of Denial of Access Rights for the DuPont Subdivision, recorded in Cabinet 0, Slides 102 & 103, Plat Records of Williamson County, Texas, a copy of said Release of Denial of Access Rights being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Government Code, as amended. RESOLVED this 9th day of October, ATTES udkiw,ifi7 Texas NYE Ate; Mayor Ci y .f Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R31009C1.WPD/dc TERMINATION OF RESTRICTION FOR DENIAL OF ACCESS THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipal corporation and Maxserve Inc., of the County of Cook, State of Illinois (collectively, the "Owners"), as owners of property located in the DuPont Subdivision, recorded in Cabinet 0, Slides 102 & 103, Official Records of Williamson County, Texas, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, do hereby TERMINATE the below -described restriction appearing as General Note No. 5 on that certain Final Plat dated February 11, 1997 and recorded in Cabinet 0, Slides 102 & 103, Official Records of Williamson County, Texas: 5. No Driveway access to Louis Henna Boulevard will be allowed starting at a point 305' east of the southwesterly corner of Lot 3 to a point 555' east of the southwesterly corner of Lot 3. This instrument is agreed to and given specifically to terminate the described restriction, which will be of no further effect, whether legal or equitable, and will no longer be enforceable. IN WITNESS WHEREOF, the Owners have executed this instrument on the dates indicated. Steph. L. Sheets City Attorney City of Round Rock 00055758 OWNER: CITY OF ROUND ROCK By: 1 Nyle Maxwell, Mayor Date b a D EXHIBIT 11 A111 OWNER: MAXSERVE INC. By: Name: Date: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of the month of , 2003, by Nyle Maxwell, Mayor of the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. THE STATE OF COUNTY OF Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of the month of , 2003, by , as of Maxserve Inc. in the capacity and for the purposes and consideration therein expressed. Notary Public, State of Texas 2 AFTER RECORDING RETURN TO: Sheets & Crossfiled, P.C. Attn: Stephan L. Sheets 309 E. Main Street Round Rock, TX 78664 3 DATE: October 3, 2003 SUBJECT: City Council Meeting - October 9, 2003 ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute a Termination of Restriction for Denial of Access from the DuPont subdivision in order to assist with the construction of SH -45. Resource: History: Steve Sheets, City Attorney Revisions to the State Highway 45 design have resulted in the necessity to acquire different access rights from this property owner than were originally dedicated by plat. The Texas Turnpike Authority is acquiring the new access rights by purchase, and has asked that the City in turn relinquish what was originally platted. Funding: Cost: N/A Source of Funds: N/A Outside Resources: N/A Impact/Benefit: Improved mobility SH45 (Louis Henna Blvd.) Public Comment: N/A Sponsor: N/A RECORDED DOCUMENT FOLLOWS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TERM 3 PGS TERMINATION OF RESTRICTION FOR DENIAL OF ACCESS THE STATE OF TEXAS COUNTY OF WILLIAMSON 2003100 124 KNOW ALL BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipal corporation and Maxserve Inc., of the County of Cook, State of Illinois (collectively, the "Owners"), as owners of property located in the DuPont Subdivision, recorded in Cabinet 0, Slides 102 & 103, Official Records of Williamson County, Texas, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, do hereby TERMINATE the below-described.restriction appearing as General Note No. 5 on that certain Final Plat dated February 11, 1997 and recorded in Cabinet 0, Slides 102 & 103, Official Records of Williamson County, Texas: 5. No Driveway access to Louis Henna Boulevard will be allowed starting at a point 305' east of the southwesterly corner of Lot 3 to a point 555' east of the southwesterly corner of Lot 3. This instrument is agreed to and given specifically to terminate the described restriction, which will be of no further effect, whether legal or equitable, and will no longer be enforceable. IN WITNESS WHEREOF, the Owners have executed this instrument on the dates indicated. APP' ,t ED .ir ifs. Step P n L. Sheets City Attorney City of Round Rock OWNER: CITY 0 By: eo l0 -o9 -86i OWNER: MAXSERVE I By: Name: Date: ichard Kotarba, Director Real Estate Facilities and Services ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON R. E. DIRECTOR LEGAL his instrument was acknowledged before me on this the % day of the month of Cr -w, , 2003, by Nyle Maxwell, Mayor of the CITY OF ROUND ROCK, Texas capacity and for the purposes and consideration therein expressed. in the CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 28, 2005 THE STATE OF / ell 4 5 COUNTY OF Pit r it vn 50'1 if)ablive nkti/J041-- Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the g day of the month of O I - ©her , 2003, by ki Chard /(a f r b &k. , as C( iidGPG+t? ✓ of Maxserve Inc. in the capacity and for the purposes and consideration therein expressed. Notary Public, S e of Texas 1 2 KIMBERLY WILLIAMS MY COMMISSION EXPIRES OCTOBER 14, 2006 1 r AFTER RECORDING RETURN TO: Sheets & Crossfiled, P.C. Attn: Stephan L. Sheets 309 E. Main Street Round Rock, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2003100124 10/13/2003 12:33 PM ANDERSON $18.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 3 e -O3 --/0-0q- /3E/ PIae fl . Max -tine z_, erre OF ROUND ROCK lk.Dk tW t ST R AT ! O N 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664