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CM-2020-348 - 12/22/2020ELECTRONICALLY RECORDED 2020163640 Williamson County, Texas Total Pages: 11 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF A WASTEWATER LINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of Travis and Williamson, State of Texas ("Releasor"), with mailing address of 221 East Main Street, Round Rock, Texas 78664, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by AW GRIMES COMMERCIAL AND RESIDENTIAL CONDOMINIUMS, LLC, a condominium association, with mailing address of 3000 Joe Dimaggio Boulevard, Suite No. 58, Round Rock, Texas 78665, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE a Wastewater Line Easement recorded as Document No. 2006022544 of the Official Public Records of Williamson County, Texas ("Easement"), encumbering the below -described property, to -wit: Being an Easement out of the P.A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas and also being out of that tract of land described as Lot 1, Block "A", Final Plat of the Meadows at Chandler Creek, Section Twenty -Five, a Subdivision recorded in Cabinet "W", slides 118 thru 120, Plat Records of Williamson County, Texas; shown by sketch in Exhibit "A," incorporated herein by reference for all purposes. This instrument is given specifically to release the described said Easement to the extent Releasor is Grantee of said Easement, which said Easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which said Easement will be of no further effect, whether legal or equitable. [Signature and Acknowledgement on the following page.] 0046J i�`�� EVAC2008-0002 WW Conann Homes 2020163640 Page 2 of 11 IN WITNESS OF, the City of Rolm��20. s caused this instrument to be executed on this the day of the month of RELEASOR: CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, Uy Manager ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the J`day of the month of IyL�C.'V020, by Laurie Hadley, City Manager for the City of Round Rock, Texas in the capacity and for the purposes and consideration therein expressed. a s Notary Pub ' , State of Texas s y •. qTF 0 f t� � '�� • ;�';12625�9�' �.�� AFTER EXECUjING RETURN TO: Planning and plevelopment Services 301 West B dad Avenue, Suite 210 Round RocA, Texas 78664 2 ff Nlllull8Nl If N IININ!lININiw1N�Hf EVIT 2006INS44 7 POS EXHIBITA 2020163640 Page 3 of 11 WASTEWATER LINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE S COUNTY OF WILLIAMSON § That THE APOSTOLIC CHURCH USA, a Texas non-profit corporatio�er referred to as "Grantor"), whose current address is 1623 West Parmer Lane, fin , for and in consideration of the sum of TEN and N0/100 DOLLARS ($10,00od and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a mrpo t'on, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Streek, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereSELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, 'te, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a was ter s in and lines, together with all necessary lines, pipes, conduits, valves, vaults, manh rs, and other equipment, improvements, accessories and appurtenances or operations ereto�in, upon, over, under, above and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a h f, describing a wastewater line easement out of the P.A. Holder Surve A ct . 297; situated in Williamson County, Texas and also being out of described as Lot 1, Block "A", Final Plat of the Meadows at Chan Creek, ion twenty-five, a subdivision recorded in Cabinet "W", slides 118 — I at reco d of Williamson County, Texas; said wastewater line easement being mor is ly described by metes and bounds as indicated; and See sketch "Exhibit to Acco an i Id Notes" attached hereto and made a parthereof for all intents and purposes a in any wise pertaining, showing such easement. This conveyance is n d cc ed subject to all conditions and restrictions, if any, relating to the hereinabove described pro xtent, and only to the extent, that the same may still be in force and effect and shown of r n t cc of the County Clerk of Williamson County, Texas. Except as riv's he easement, rights and privileges herein granted shall be perpetual; provided, howe sement, rights and privileges shall cease and revert to Grantor in the event the said waster t a oned, or shall cease to be used, for a period of five (5) consecutive years. Grantor co is t t it will not convey any other easement or conflicting rights within the area covered by t ithout the express written consent of Grantee, which consent shall not be unreasona withh Grantee shall have the right to review any proposed easement or conflicting use of the etemiine the effect, if any, on the wastewater lines contemplated herein. Prior to grant ent for other easements, Grantee may require reasonable safeguards to protect the int oft astewater lines. As required by this paragraph, express written consent of Grantee shall ob ' by Grantor in the following manner. advance written notice must be given by certified mail to l) y of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City n neer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the 2020163640 Page 4 of 11 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 further grants to Grantee: (a) the right of ingress to and egress from the easement over and across G is p�o� by means of roads and lanes thereon, if such exist, otherwise by s as shall occasion the least practicable damage or inconvenience to Grant p I at such ingress and egress right shall not extend to any portion of Gran ro rty isolated from the easement by any public highway or road now or h c he property; the foregoing right of ingress and egress includes the right to disassemble, remove, take down, and clear away any barricade or o c which obstructs, prevents, or hinders Grantee's ingress to and egress fro rant roperty, and should Grantee deem it necessary to so disassemble, remove, n, or clear away any such barricade or other structure, Grantee shall, as soon as ' ly feasible, replace or restore Grantor's property to as similar a conditio is r bly practicable as existed immediately prior to Grantee's actions pursuant ion, unless said barricade or other structure is inconsistent with rights co nv toA ee herein; (b) the right of construction, maintaining an ads on and across the property as Grantee may deem necessary in the ex se a right of ingress and egress; (c) the right to mark the locati I a suitable markers; provided that such markers shall be placed ini/i ations ch will not interfere with any reasonable use Grantor shall make of the ent; (d) the right to grade the asement fo full width thereof and to extend the cuts and fills for such grading into Dn the land in the easement to such extent as Grantee may find reasonably necessary; (e) the right fro tim o i o trim and to cut down and clear away any and all trees and brush now o ea r o e easement and to trim and to cut down and clear away any trees on either si sement which now or hereafter in the opinion of Grantee may be a haz th ' line, valves, appliances or fittings, by reason of the danger of fall' th on or r of infiltration therein, or which may otherwise interfere with the e I s rights hereunder; provided, however, Grantee will provide written t o for prior to removal of any trees outside of the easement, and provided that 1 wht rantee is hereby authorized to cut and remove, if valuable for timber or 11 continue to be the property of Grantor, but all tops, lops, brush and refuse wo 11 a burned or removed by Grantee; and (f) the t to support the pipelines across ravines and watercourses with such structures as ee shall deem necessary. Gran hereby covenants and agrees: (a Grantee shall not fence the easement; (b} Grantee shall promptly backfill any trench made by it on the easement and repair any 1) 2020163640 Page 5 of 11 damage it shall do to Grantor's private roads or lanes on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be bye exercise of the rights of ingress and egress or by any wrongful or negligent �e�tgs4 n 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 r any and all purposes which do not interfere with and prevent the use by Grantee of the ease t, g the right to build and use the surface of the easement for private streets, roads, driveways, s, lks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or c c easement any building or other structure such as a patio, swimming pool, sport court, stor e s accessory building, barbeque pit or similar structure, or drill or operate any well, or constmct o. r other obstruction on the easement, or diminish or substantially add to the ground cover ov e p e ' es. Grantee shall not be responsible or liable for the removal, repair or damage to any prop Clore, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Pro ' ever, before constructing any non -interfering improvements listed in this paragraph, at 1 en (1 ays' written notice shall be provided to Grantee of the general plans of the improvemen cted on the easement, and Grantor must first obtain the consent and approval from G e of onstruction and location of any improvements within the easement, which consent will n e onably withheld, conditional or delayed. It is understood and agreed that any and all eq i ment d facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the ease s a pub tility wastewater line easement. TO HAVE AND TO HOLD a rights an ' t ests described unto Grantee and its successors and assigns forever, and Grantor does by bind itself, and its successors and assigns and legal representatives, to warrant and forever ll and singular, the above -described easement and rights and interests unto Grantee, its suc against every person whomsoever lawfully claiming, or to claim same, or any part�her f y(, yi�d�!gns, or under Grantor, but not otherwise. IN WITNESS �Mng'h , has caused this instrument to be executed this ' - day of GRANTOR: THE APOSI PLIC CHURCH USA By: NAt. FEM S. ONABAJO. ChairmF 2020163640 Page 6 of 11 N ACKNOWLEDGMENT TIRE STATE OF -X a5 COUNTY OF �I I�ILht� This instrument was acknowledged before me on this the day of by Femi S. Onabajo, as Chairman of The Apostolic Church USA,, a Texas n by me to be the person whose name is subscribed to the foregoing instrument d a he executed the same as the act and deed of and on behalf of said entit the purposes and consideration therein expressed, and that he was authoriz y o so AliHW R DAWMN MYCommis" EVIRE9 June 17, 2009 After recording please return to: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 4 _, 2006, ion, known i to me that and for the 2020163640 Page 7 of 11 . �� 060308.1 h2b8 Greg West R.P.L.S. B405 De(avan Ave. � � � Fax (512) 255-6748 Austin, Texas 78717 Pgr (512) 347-3520 3 � FIELD NOTE DESCR.II''ITON FAu ent Meadows at Chmo ler Creek, Section 25 BEING AN EASEMENT OUT OF THE P.A. HOLD SURVEY, ABSTRACT NUMBER 297, STTUA WILLIAMSON COUNTY, TEXAS AND ALSO BEING O THAT TRACT OF LAND DESCRIBED AS LOT 1 "A", FINAL PLAT OF THE MEADOWS AT CREEK, SECTION TWENTY FIVE, A RECORDED IN CABINET "W", SLIDES 118 1 LAT RECORDS OF WILLIAMSON COUNTY J. SAID EASEMENT BEING MORE PARTICUARLY BY METES AND BOUNDS AS FOLLOW ( TT 8" X 14" E KRMI T ): Commencing at a 2" aluminum capped iron rod cw West Right -of -Way line of F.M. 1460 for the most Easterly, Northeast Lot 1, Block "A", Meadows at Chandler Creek, Section 25, same being the So of a 2.271 acre had conveyed to Cameo Land, Ltd recorded in V of the Official Public Records of Williamson Comdy, Texas; 7%e2ce departing the said West R.O. o .M. 1460 and along the South line of said Cameo Land tract, North 89d 59" 6" West, a of 20.00 feet to a point; Tlieace departing the South line Land had and through said Lot 1, Block "A" Meadows at Chandler Crack, 00d 01' 21" East, a distance of 6.51 feet to the POINT OF BEGII414124 C corner of the herein described easement; THENCE continuing Lot 1, Block "A", Meadows at Chandler Creek, Sec. 25 the following Fot < South Z�k a distance of 233.50 fed to the Soudmist corner•, West, a distance of 15.00 feet to the Southwest corner, I" West, a distance of 233.50 fed to the Northwest corner; �d 56' 30" East, a distance of 15.00 feet to the POINT OF BEGINNING, to easements, conditions or restrictions of record, if any. that the foregoing Field Notes were prepared from a survey on -die -ground, under and are true and correct to the best of my knowledge and belief. 2020163640 Page 8 of 11 060308.'.1 Page Two (2)..... FasmcW Witness my head and aeal this the A&y of Mamb 2M. R.P.LS. # 4188 w om Inc. $405 Delavan Avenue Austin, Texas 78717 Project No. A041-01 WasteWate r 2020163640 Page 9 of 11 060308-1 Sca1� 1 �60' CGMCa Land, Ltd. 2.271 Acres 2491 / 303 Point of Beginning S89'59'16'E 279.64' sa�'3o'e tsar ( I LOT 3 I N I i I 374 24' I $ I Proposed Easement LOT 4 O IC 372.65' n LOT 1 VEYORS, �Sas van Avenue Austin, Texas 78717 Ph. (512) 258-6842 Fax (512) 255-6748 Project No. A041-01 INC. Tres SMM obstwMAY caeI %ft the current Tedas SWAY aF AoF*2dmel Sta *rd9 aid SpadRm&llms for a Catagwy &Nvay. EF GREWAY E. WfST 4188 M 0 O 0 M W m z 0 c 3 2020163640 Page 10 of 11 FILED AND RECORDED OFFICIAL PUBLIC ECOMS 28B69Y4544 83/23/2804 83:35 PM CARRILLO $48.00 NANCY 1. RISTER, COUNTY Q"X IJILLZAMSON COUNTY, TEXAS C r�J 2020163640 Page 11 of 11 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020163640 Pages: 11 Fee: $61.00 12/22/2020 04:24 PM S AL�,Of..,` r• � � ii• Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Release of a Portion of a Wastewater Line Easement recorded in Document No. 2006022544 of the Official Public Records or Williamson County, Texas for the Conann Homes Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/18/2020 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: $0.00 Indexes: Attachments: EVAC2009-0002 WW Connnn Homes - 201214 Legal Doc prep Department: Planning and Development Services Department Text of Legislative File CM-2020-348 This is a release of a public wastewater easement that was installed when this property had been subdivided into several lots. Those lots did not develop over the years and the new development has combined the lots back into a single lot. Due to the elimination of the lot this wastewater easement was set up to serve initially, the wastewater easement is no longer needed. Staff supports releasing the easement at this time. The utility director has approved the release. City of Round Rock Page 1 of 1