CM-2020-192 - 7/17/2020PENDING SIGNATURE FROM OTHER PARTY
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RELOCATION AND MODIFICATION OF ACCESS EASEMENT AGREEMENT
This RELOCATION AND MODIFICATION OF ACCESS EASEMENT AGREEMENT
("Agreement") is hereby entered into effective as of the latest date of acknowledgment set forth below (the
"Effective Date") by and among the City of Round Rock, a municipality situated in Williamson County, Texas
(the "City"), whose mailing address is 221 Main Street, Round Rock, Texas 78664, Charles and Frances
Dumas, amanied couple (collectively, "Dumas'), whose mailing address is 2401 E. Palm Valley Blvd., Round
Rock, Texas 78665, and Urban Beauty Investment, LLC, a Texas limited liability company ("Urban Beauty"),
whose mailing address is 405 E. Braker Lane, Austin, Texas 78753.
I. RECITALS
WHEREAS, pursuant to that certain Warranty Deed recorded at Volume 504, Page 411, Deed Records
of Williamson County, Texas, Phillip W. Warner and wife, Alienn Warner, granted, sold and conveyed that
certain real properly in Williamson County, Texas to Virg S. Rabb and wife, Nancy I. Rabb, more particularly
described as follows:
Being 9.05 acres of the P.A. Holder Survey in Williamson County, Texas, part of a tract of
73.78 acres described in a deed from Claude Berkman to Phillip Warner in 1966, of record in
Vol. 491, Page 111, Deed Records of Williamson County, Texas, Survey on the ground in
Sept. 1967 by W.F. Forest. Beginning at the SE comer of the 73.78 acres, in the center of
Brushy Creek; Thence S 77 deg. 15' W 929.5 feet upstream with the center of the creek;
Thence N. 3 deg. 30' W 278 feet and N 0 deg. 30' W 200 feet with a fence, to set an iron pin
midway up a bank or bluff, about 12 to 15 feet high; Thence with the bluff midway between
top and bottom, as follows; N 83 deg. 50' E 296.5 feet, S 89 deg. 30' E 130 feet N 5 W 24 feet
and N 89 E. 70 feet to set an iron pen on the East fence of the 73.78 acre tract, on the side of the
bluff and in the East line of a 30 foot road easement; Thence S 0 deg. 15' E 405 feet with an
old fence, to the Point of Beginning. The above -mentioned road easement of 30 feet width is
to be along the East property line of the Phillip Warner tract, North from the purchased tract of
Grantees herein for 623 feet more or less up to the I&GN Railroad right of way. A further
easement 30 feet in width [the "Access Easemenf I is hereby granted in this deed and made a
part hereof from the North side of the I&GN Railroad right of way to the U.S. 79 right of way
on the North side of the Philip Warner Tract a distance of 350 feet more or less, also along the
East property line of the Phillip Warner tract;
WHEREAS, pursuant to that certain Gift Deed recorded at Volume 1440, Page 660,
Official Public Records of Williamson County, Texas, Virg S. Rabb and Nancy I. Rabb granted
the above -described property to the City for purposes of constructing a City Park facility thereon,
to be known as Rabb Park;
WHEREAS, pursuant to that certain Partition Deed recorded as Document No. 199972826,
Official Public Records, Williamson County, Texas, Elwin Hudson and Wife, Rosalie Hudson,
conveyed unto Dumas the following real property located at 2309 E. Palm Valley Blvd., Round
Rock, Texas 78665 (the "Dumas Tract"), more particularly described as follows:
BEING all of Grantor's rights, titles and interests in and to a tract and parcel of land
consisting of 65.71 acres, more or less described in a Deed into [sic] Cecil C.
Hudson, et ux, Lucille E. Hudson of record in Volume 324, Page 20, Deed Records
ory) C;)-0.:>0- �q0-
of Williamson County, Texas, reference to such Deed is hereby made for
incorporation by reference; SAVE AND EXCEPT all of said 65.71 acres lying
North of State Highway 79; and SAVE AND EXCEPT that certain one (1) acre
tract described in Deed from Cecil H. Hudson and wife, Lucille Hudson to Elwin
Hudson and wife, Rosalie Hudson, dated May 26, 1971 and recorded in Volume
536, Page 133, Deed Records of Williamson County, Texas, reference to such Deed
is hereby made for incorporation by reference herein.
WHEREAS, pursuant to that certain Special Warranty Deed recorded as Document No.
2019090589, Official Public Records, Williamson County, Texas, HR 79 Investment, Ltd., a Texas
limited partnership, granted, sold and conveyed unto Urban Beauty Investment, LLC, a Texas
limited liability company the following real property located at 2251 E. Palm Valley Blvd., Roimd
Rock, Texas 78665 (the `Urban Beauty Tract"), more particularly described as follows:
Lot 7, Block "A," HIGHLAND HWY 79 COMMERCIAL — PHASE 2, a
subdivision in Williamson County, Texas, according to the map or plat thereof
recorded under Document #2007048344 in the Official Public Records of
Williamson County, Texas; together with all of Grantor's right, title and interests in
and to any and all easements and other rights and appurtenances pertaining thereto
as hereinafter set forth, including without limitation, all right, title and interest of
Grantor in any land lying in the bed of any street, alley, road, avenue, creek, river
or stream, existing or proposed, in front of or adjoining the Property.
WHEREAS, the parties desire to relocate the Access Easement from the Urban Beauty Tract
to the Dumas Tract, allowing the Access Easement to continue unabated.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. The foregoing recitations are true and correct and incorporated herein by reference
2. The Access Easement is hereby RELOCATED from the Urban Beauty Tract to the
Dumas Tract, as more particularly set forth on Exhibit A attached hereto and
incorporated herein by reference.
3. The Access Easement is hereby MODIFIED as more particularly set forth on Exhibit A
attached hereto and incorporated by reference.
4. Urban Beauty shall have no further rights, duties, or obligations relative to the Access
Easement, and the City terminates, releases and relinquishes the Access Easement and
all other rights created or reserved in favor of the Urban Beauty Tract only by virtue of
the Access Easement.
5. The covenants contained in this Agreement are not personal but shall run with the land
and shall be binding upon and inure to the benefit of Dumas (as current fee simple holder
of the Dumas Property) and Urban Beauty (as current fee simple title holder of the Urban
Beauty Property) and their respective heirs, representatives, transferees, successors and
assigns.
2
EXECUTED to be effective as of the latest date of acknowledgment set forth below.
CITY OF ROUND ROCK, TEXAS
By: Z41
Name:�F-�►
Title:"'T. NYAL •
FA 019i�l1 • •'
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1
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged
2020, by &r-&Ok.r PgGw.t.44 , _
AW,*u*,personally known to me, on behalf o
M%Official seal,
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me on this day of
A- li- of the CVv of R and
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Not Pub �,State of Texa
FRANCES DUMAS, A MARRIED COUPLE
By:
Charles Dumas
STATE OF TEXAS
COUNTY OF WILLIAMSON
By:
Frances Dumas
This instrument was acknowledged before me on this day of , 2020,
by Charles Dumas and Frances Dumas, to which witness my hand and official seal.
Notary Public, State of Texas
URBAN BEAUTY INVESTMENT, LLC
By:
Scott Lee, Managing Member
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this day of , 2020,
by Scott Lee, Managing Member of Urban Beauty Investment, LLC, a Texas limited liability
company, to which witness my hand and official seal.
Notary Public, State of Texas
El
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PAGE I OF
EXHIBIT "A" uL�v A�D
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CHARLES DUMAS AND
WIFE, FRANCES DUMAS---
INST. NO. 199972826
0.P.R.W.C.T.
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LOT 7, BLOCK A
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8,010 SO FT.
HIGHLAND HWY 79
COMMERCIAL - PHASE 2
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CAB. DD, SLIDE 155
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NOTES
AC. = ACRES
�P•
SO FT.. SQUARE FEET
R.O,Vt. . RIGM-OFFWAY
v 20 40 aD
IRF= IRON ROD FOUND
CM= CONTROLLING 1,10NUMENT
0..ILW.C.T. = DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O P.R.W C.T. s OFFICIAL PUBLIC RECORDS, WRlIAIASON COUNTY,
TEXAS
SCALE V.40
EXHIBIT TO DEPICT 30' ACCESS EASEMENT
DATE 0626R0 TECH LLSP I I JO8N0- 1906233UP
FIELD OSl097I9 FIELD' TO
��� •o F rF SKETCH TO ACCOMPANY DESCRIPTION OF 8 010P�711�7�
�r,•G\ 97fR � SQUARE FEET FOR A 30' W1DE ACCESS EASEMENT OUT
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED iurvcytrI,
TO CHARLES DUMAS AND WIFE, FRANCES DUMAS, AS
•RoeERf •T•PAUL•,ui.•• xg RECORDED IN INSTRUMENT NO. 199972826, OFFICIAL 5700 Suite 12 Parkway
• �.;c 4984 PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. Piano,Texas75093
Of�ce:972-612.3601
O�iO Fox: BSS-892-0468
SUR'._ Firm Registration No. 10146200
Page 2 of 2
PREMIER SURVEYING LLC
5700 W. Plano Parkway, Suite 1200
Plano, Texas 75093
972-612-3601
Fax: 972-964-7021
Exhibit "XI
(30' ACCESS EASEMENT)
BEING A 0.184 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN
DEED TO CHARLES DUMAS AND WIFE, FRANCES DUMAS, AS RECORDED IN INSTRUMENT NO.
199972826, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE COMMON NORTH CORNER OF SAID DUMAS
TRACT AND LOT 7, BLOCK A, OF HIGHLAND HWY 79 COMMERCIAL — PHASE 2, AN ADDITION TO
WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET DD, SLIDE
155, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAID IRON ROD BEING ON THE SOUTH LINE OF E.
PALM VALLEY BOULEVARD (VARIABLE WIDTH RIGHT-OF-WAY);
THENCE NORTH 790 20' 41" EAST, A DISTANCE OF 30.38 FEET ALONG SAID SOUTH LINE;
THENCE SOUTH 010 36' 29" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 262.47 FEET TO THE
COMMON LINE OF AFORESAID DUMAS TRACT AND UNION PACIFIC RAILROAD 200 FOOT RIGHT-OF-
WAY, AS RECORDED IN VOLUME 17, PAGE 617, DEED RECORDS, WILLIAMSON COUNTY, TEXAS;
THENCE SOUTH 630 39' 49" WEST, A DISTANCE OF 33.03 FEET ALONG SAID COMMON LINE TO A 1/2-
INCH IRON ROD FOUND AT THE COMMON SOUTH CORNER OF SAID DUMAS TRACT AND AFORESAID
LOT 7;
THENCE NORTH 010 36' 29" WEST, A DISTANCE OF 271.51 FEET ALONG THE COMMON LINE OF SAID
DUMAS TRACT AND SAID LOT 7 TO THE POINT OF BEGINNE IG AND CONTAINING 8,010 SQUARE FEET
OR 0.184 OF ONE ACRE OF LAND.
REUISREREO
Survey Plat of even date attached hereto and made a part hereof.
Date: 08/09/19
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a F elocation and Modification of Access Easement
Agreement w;th Charles and Frances Dumas / Urban Beauty Investment,
LLC.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/17/2020
Dept Director: Rick Atkins, Director
Cost:
Indexes:
Attachments: Backup -Relocation and Modification of Access Easement Agreement with
Charles a, Map_Dumas Easement (Google Earth) re. Relocation and
Modification of Access Ea, LAF-Relocation Agreement w-Charles and
Frances Dumas -Urban Beauty LLC
Department: Parks and Recreation Department
Text of Legislative File CM-2020-192
The Rabb House property included an existing access easement from Hwy. 79 across private
property to the old Rabb House. When the property was purchased, this access easement
transferred to the City. At this time, the private property on which that access easement passed
over is being developed. The developer of that property does not wish to keep the access
easement and requested the easement be transferred to the adjacent property (Dumas
property). The owner of that property (Dumas) agreed. This item is the legal transfer of that
easement.
City of Round Rock Page 1 Printed on 712012020
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