Loading...
CM-2020-161 - 6/12/2020ELECTRONICALLY RECORDED 2020063558 Williamson County, Texas Total Pages: 10 STATE OF TEXAS COUNTY OF WILLIAMSON AMENDMENT TO ACCESS EASEMENT THIS AMENDMEJtPd O =,A2020 EASEMENT (the "Amendment"), is made and entered into as of theay by and among QT South, LLC, a Texas limited liability company ("QT"), as successor -in -interest to QuikTrip Corporation, Aaron Thomison and Brenda Thomison, husband and wife, whose address is 301 Will Smith Drive, Hutto, Texas 78634 ("Thomison"), and their respective successors and assigns (hereinafter, "collectively" referred to as "Grantor"), and the City of Round Rock, Texas ("Grantee"). WITNESSETH: WHEREAS, QT and Thomison encumbered certain real property owned by each located in Williamson County, Texas (the "Property") by way of Access Easement dated March 80', 2017 and recorded as Document Number 2018021512 in the Office of the Williamson County Register of Deeds (the "Easement"); and WHEREAS, QT and Thomison, being the respective fee title owners of the adjacent tracts burdened by the Easement, and Grantee, being benefitted by the Easement, desire to amend the Easement as set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the sum and sufficiency of which is hereby acknowledged, the parties hereby agree and declare as follows: 1. Exhibit "A-1" to the Easement is hereby deleted in its entirety and replaced with the attached Exhibit "A-V. 2. Final Agreement. The Easement, as modified by this Amendment, is ratified and this Amendment represents the final agreement between the parties regarding the subject matter hereof. 3. Texas Law. This Amendment shall be construed, interpreted and enforced pursuant to the laws of the State of Texas. 4. Binding Effect. The provisions of this Amendment shall run with the land with respect to both the benefits and burdens created herein and affecting the Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. All terms, provisions and conditions of the Easement not specifically herein 94135 Access Easement RR Amendment 5.19.20 117,v2 O � ar, l 2020063558 Page 2 of 10 amended, modified or explained shall remain in full force and effect. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall comprise but one and the same instrument. [EXECUTION ON FOLLOWING PAGES] #4135 Access Easement RR Amendment 5.19.20 2020063558 Page 3 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. STATE OF TEXAS COUNTY OF OU1011SW OT SOUTH, LLC Va'0.emi D. Uiller President ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this 2-0 day of May, 2020, by Matthew D. Miller as President of QT, South, LLC, a Texas limited liability company, on behalf of the company. ROBERT COST.ELLO Notary Public, State of Texas 'a j� Comm. Expires 11.14.2023 Notary ID 132 B22747 #413 5 Access Easement RR Amendment 5,19.20 e'�l Notary Pubic for STMT_- op 7j x My Commission Expires: 11 1 14 U23 2020063558 Page 4 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. THOMISON By• Aaron T omison By: 4G Brenda Thomison STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON The foregoing instrument was acknowledged before me this 2 0 day of MAI , 2020, by Aaron Thomison and Brenda Thomison, husband and wife, known by me to be the persons whose name is subjected to foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. ROBERT COSTELLO _Notary Public, State of Texas Comm, Expires 11-14-2023 Notary ID 132252747 f14135 Access Easement RR Amendment 5.19.20 �el4ig- Notary Ablic for M77E OF TeXhS My Commission Expires: 4 0223 2020063558 Page 5 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. GRANTEE By: ity of Round Rock, f/• City Manager STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § The foregoing instru nt was acknowledged before me this low' day of 2020, by th City Manager of the City of Round Rock, known by me to V the persons whose name is subjected to foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. After recording please return to: Development Services Office 301 W. Bagdad Ave., Suite 140 Round Rock, TX 78664 44135 Access Easement RR Amendment 5 1920 V� J Notary Public for My Commission Expires: vZZr 2 0 ���t►tt111111u�N/i r . CO 0 •. iTF OF I 11 10\'L�`;``\```\ 2020063558 Page 6 of 10 ABRAM DASHNER, RPLS, LLC TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR 59o1 TBPLS FIRM NO. 10194420 rpls5Ao1(@gmail.com 512-905-4369 2,407 SQUARE FEET LOT 1, QUIKTRIP NO. 4135 SUBDIVISION ROUND ROCK, TX DESCRIPTION FILE NO. 2020.035 PROJECT: 014-05 DATE:05/15/2020 2,407 SQUARE FEET OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, FINAL PLAT OF QUIKTRIP NO. 4135 SUBDIVISION, OF RECORD IN DOCUMENT NO. 2019015119, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2,407 SQUARE FOOTTRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMECING, at a 1/2-inch iron rod found in the north right-of-way line of E. Palm Valley Blvd./U.S. Hwy. 79 (r.o.w. varies), being the south common corner of said Lot 1 and Lot 2, of said Quiktrip No. 4135 Subdivision; THENCE, NO1°59'04"W, leaving said north right-of-way line, along the line common to said Lots 1 and 2, a distance of 9,33 feet to a calculated point, for the POINT OF BEGINNING and southwesterly corner hereof; THENCE, N01°59'04"W, continuing along the line common to said Lots 1 and 2, a distance of 27.68 feet to a calculated point, for the northwesterly corner hereof; THENCE, leaving the east line of said Lot 2, over and across said Lot 1, the following thirteen (13) courses and distances: 1. N71°09'13"E, a distance of 12,20 feet to a calculated point at the point of curvature of a curve to the left; 2. Along said curve, having a radius of 50,00 feet, a central angle of 07°34'01", an arc length of 6.60 feet, and a chord which bears N67`22'12"E, a distance of 6.60 feet to a calculated point at the point of tangency of said curve; 3. N63°35'12"E, a distance of 17.63 feet to a calculated point at the point of curvature of a curve to the left; 2020063558 Page 7 of 10 4. Along said curve, having a radius of 1S0.00 feet, a central angle of 03°35'02", an arc length of 9.38 feet, and a chord which bears N61°47'41"E, a distance of 9.38 feet to a calculated point at the point of tangency of said curve; 5. N60°00'10"E, a distance of 40.78 feet to a calculated point, for the northeasterly corner hereof; 6. S27°34'54"E, a distance of 26.09 feet to a calculated point, for the southeasterly corner hereof, from which a 1/2-inch iron rod found at the intersection of the north right-of-way line of E. Palm Valley Blvd./U.S. Hwy, 79 (r.o.w. varies) and the west right-of-way line of Joe DiMaggio Blvd. (r.o.w. varies), being the southeast corner of said Lot 1, bears N64°50'36"E, a distance of 383.76 feet, and to the beginning of a non -tangent curve to the right; 7. Along a non -tangent curve to the left, having a radius of 150.00 feet, a central angle of 01°40'21", an arc length of 4.38 feet, and a chord which bears 560°50'20"W, a distance of 4.38 feet to a calculated point at the end of said curve; 8. S60°00'10"W, a distance of 35.30 feet to a calculated point at the point of curvature of a curve to the right; 9. Along said curve, having a radius of 176.00 feet, a central angle of 03°35'02", an arc length of 11.01 feet, and a chord which bears 561°47'41"W, a distance of 11.01 feet to a calculated point at the point of tangency of said curve; 10. 563°35'12"W, a distance of 17.63 feet to a calculated point at the point of curvature of a curve to the right; 11. Along said curve, having a radius of 76.00 feet, a central angle of 07°34'01", an arc length of 10.04 feet, and a chord which bears S67°22'12"W, a distance of 10.03 feet to a calculated point at the point of tangency of said curve; 12. S71°09'13"W, a distance of 13.27 feet to a calculated point at the point of curvature of a curve to the left; 2020063558 Page 8 of 10 13. Along said curve, having a radius of 50.00 feet, a central angle of 08°00'03", an arc length of 6.98 feet, and a chord which bears S67°09'11"W, a distance of 6.98 feet to the POINT OF BEGINNING, and containing 2,407 square feet (0.055 acre) of land, more or less. BEARING BASIS: TEXAS COORDINATE SYSTEM, NAD 83(2011), CENTRAL ZONE, UTILIZING THE LEICA SMARTNET CONTINUALLY OPERATING REFERENCE NETWORK. I HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BASED UPON A FIELD SURVEY PERFORMED UNDER MY SUPERVISION DURING THE MONTH OF NOVEMBER, 2018 AND IS TRUE AND CORRECT TO THE BEST OF MY ABILITIES. �P-ct OF � G�SS E f� qs .......................... ABRAM C. DASHNER ABRAM C. DASHNER ..................•••• V. TEXAS RPLS 5901 0 5901 TBPLS FIRM NO. 10194420 2020063558 Page 9 of 10 FILL C:\V7019\AM7N\DDCUMEHES\A8NAM WDINER RPLS\IR\JOE DWACCI0\E4-41130 ACCE53 ENT ll IM-20.DN PLDREO We ABE OWNER KffM 0* 05/15/20 II2D,61 AY i / LINE TABLE LIN A ING DISTANCE L1 N01'59'04'V 27,68 L2 I N71'09 13 E 12.20 L3 N63'35 12 E 17.63 L4 N60'00 10 E 40.78' L5 S27'34 54 E 26.09 t ` L6 S60'00 10 W 35.30 ' L7 S63'35 12 W 17.63 U 30 L8 S71'09 13 W 13.27 % %m I L9 N01'59 04 W 9.33 , I LOT 1 ' FINAL PLAT OF QUIKTRIP NO. 4135 SUBDIVISION G DOC. NO. 2019015119 CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 6,60 50.00 T34 01 N67'22 12 E 6.60 C2 9.38 150.00 3'35 02 N61'47 41 E 19.38 C3 4.38 150.00 740 21 S60'50 20 W 4.38 C4 1 1.01 176.00 3'35 02 S61'47 41 W 11.01 C5 10.04 76.00 7 34 01 S67'22 12 W 10.03 C6 6.98 50.00' 18'00 03 1 S67'09 11 W 6.98 LOT 2 � LEGEND I d L2 Cl L3 C2 L4 O 1/2—INCH IRON ROD FOUND / P.O.C. POINT OF COMMENCEMENT I ' v / 2,407 SQ. FT. Ln P.O.B. POINT OF BEGINNING (0.055 ACRE) ` / P.O.B. l N64_50'36_E_ c L----- a;/ C6 L8 C5 L7 L6 C3 -'4��__ -- — , 383.76' T -------- C4 ------ PO C ---------------- ----------------------==--i----- E. PALM VALLEY BLVD./ US 79 (R.O.W. VARIES) BEARING BASIS: TEXAS COORDINATE SYSTEM, NAD 83(2011), CENTRAL ZONE, UTILIZING THE LEICA SMARTNEf CONTINUALLY OPERATING REFERENCE NETWORK. CHECKED BY: 2,407 SQUARE FEET OUT OF LOT 1. FINAL CLIENT INFORMATION AD PLAT OF QUIKTRIP NO, 4135 SUBDIVISION, JOB NUMBER: ISSUE DATE OF RECORD IN DOCUMENT NO. ABRAM DASHNER, RPLS, LLC 2019015119, OF THE OFFICIAL PUBLIC 014-05 i 05�15/2020 RECORDS OF WILLIAMSON COUNTY, TEXAS.. 3701 VINELAND DRIVE AUSTIN, TX 78722 QUIKTRIP SHEET: 1 ry OF 1 EASEMENT ENT EXHIBIT 512-905 � -4369 TBPLS FIRM NO. 10494420 RECORDERS MEMORANDUM rill e, part=. N the leal on this page was net uzarly le piblz fa smila[lery,ewrdaliur 2020063558 Page 10 of 10 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020063558 Pages: 10 Fee: $61.00 06/16/2020 10:26 AM Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Amendment to Access Easement No. 2018021512 with QT South, LLC, Aaron Thomison and Brenda Thomison. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/12/2020 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: $0.00 Indexes: Attachments: Quiktrip Access Amend. for CM Department: Planning and Development Services Department Text of Legislative File CM-2020-161 This is an amendment to modify the bounds of an existing access easement previously recorded. During construction, the access drive required modification to avoid existing utility poles in the path of this drive. City of Round Rock Page 1 Printed on 611112020