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CM-2022-146 - 6/24/2022ELECTRONICALLY RECORDED 2022078034 Williamson County, Texas Total Pages: 7 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 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 of221 East Main Street, Round Rock, Texas 78664, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration paid by KB HOME LONE STAR, INC., a Texas corporation, whose address is 10800 Pecan Park Boulevard, Suite 200, Austin, Texas 78750, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE a Wastewater Easement recorded as Document No. 2021058464 of the Official Public Records of Williamson County, Texas, as shown in Exhibit "A," attached hereto and incorporated herein for all purposes. This instrument is given specifically to release the described said easement to the extent Releasor is Grantee of said easement, which easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which easement will be of no further effect, whether legal or equitable. IN WITNE EREOF, the City of Round Rock, Texas has caused this instrument to be executed on this th day of the month of , 2022. ROUND ROCK, TEXAS -6ftrri�iey, City Manager [Acknowledgement on the following page.] 2022078034 Page 2 of 7 COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of the month of 2022, by , '.ity Manager for the City of Round Rock, Texas in the capacity an r the purposes d consideration th in expressed. I-Q *NotaZb1i&atie�f Texas +�t+,t+�•, • y* 1 1 S913 AFTER EXECUTING, RETURN TO: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round Rock, TX 78664 K 2022078034 Page 3 of 7 ELECTRONICALLY RECORDED 2021050464 Williamson County, Texas Total Pages: 7 Exhibit "A" 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. WASTEWATER EASEMENT THE STATE. OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § 1 hat KB HOME LONE STAR INC., a Texas corporation, whose address is 10800 Pecan Park Boulevard, Suite 200, Austin, Texas 78750, and its successors and assigns (hereinaner referred to as "Grantor"). Ior and in consideration of the suns of TEN and NO1100 DOLLARS ($10.00) and other good and valuable consideration paid by lire CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation (hereinafter referred to as "Grantee"). whose mailing address is 221 East Main Street, Round Rock. Williamson County, the receipt and sufficiency of which is hereby acknowledged, does hereby GRAN 1, SLI. I. and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate. maintain, inspect, reconstruct, enlarge, relocate. rebuild, repair, and remove a wastewater system and lines, together with all necessary tines, pipes, conduits, valves. vaulls, manitoles, ventilators, and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over. under. above and across Ilse following described property of Grantor, to -wit: Being a 0.265 acre (11,557 square it.) tract of land out of life Henry Millard Survey, Abstract No. 452, situated in Williamson County, being a portion of a called 15.042 acre Traci of land conveyed to KB Home Lone Star Inc., in Document No. 2020097471 of lite Official Public Records of Williamson County, Texas (O.P.R.W.C.T.); said 0.265 acre tract being more particularly described by meles and bounds and by sketch as set forth in i.:xhibit -A," attached herelo and incorporated herein by reference for all purposes. I his conveyance is trade and accepted subject to all conditions and restrictions. if any, relating to lite hcicinabove described property to the extent, and only to theextent, that the same may still be in force and of tcc t and shown of record in the office of the County Clerk of Williamson County, Texas. laxcept its ollterwise noted, the easement, rights and privileges herein granted shall be perpetual; pro%ietcd. however, Clint said easement, rights and privileges shall cease and revert to Grantor in the event the sitid wastewater line is abandoned, or shall cease to be used, for a period of rive (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unrca%onably withheld. conditioned or delayed. Grantee shall have the right to review any proposed casement or confticling use of die casement to delernine the effect, if any, on the wastewater lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safe! ui rds to protect the integrity of the wastewater lines. As required by this paragraph, express written conseirt of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given In ceriiiied snail to lite (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, IN141 r1+I: ,;i2 1-02102-IMNII %%W I-ftmlciu 2022078034 Page 4 of 7 2021050464 Page 3 of 7 Gninice herch) covenants and agrees: (at) Grantee shall not fence the easement; and Ili) Grantee shall promptly backfill any trench wade by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands. Notwithstanding anything in this instrument to the contrary, Grantor also retains. reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent [he use by Grantee of lite easement, including lite right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks. gardens. lawns. parking areas and ollter like uses: provided Gnintor shall not erect or construct on lite easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well. or construct any reservoir or other obstruction on the easement, or diminish or suhslamiall� add to lite ground cover over [lie pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any properly, structure, building, or other use inconsistent with the rights conxeyed to Grantee by the easement. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Grantee of tic general plans of the improvement to be constructed on lite easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easamem. %%hick consent and approval shall not be unreasonably withheld. conditioned or delayed. It i% understood and agreed that any and all equipment and facilities placed upon said property by Gronlec bhall remain lite property of Grantee. Grantor hereby dedicates lite easement as a public utility wastewater line easement for lice purpow%Slated herein. 10 l IA VE AND rO HOLD the rights and interests described unto Grantee and its successors and assign, litreveu. and Grantor does hereby bind itself, and its successors and assigns and legal representsdives, 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 lawliully Claiming, or to claim same, or any part thereof. (Signatures and acknowledgement on [lie following page) 2022078034 Page 5 of 7 Exhibit "N' 2021059464 Page 5 of 7 Q26S ACRE (13,SS1 SQUARE F#ETI HENRY MIUARD SURVEY ABSTRACT NUMBER 452 WRUAMSONCOUNTV,TX FIELD NOTES BEING ALL OF THAT CERTAIN 0.265 ACRE 111,SS7 SQUARE FEET] TRACT OF LAND OUT OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN WILLIAMSON COUNTY, TEXAS. BEING A PORTION OF A CALLED 15042 ACRE TRACT OF LAND CONVEYED TO NO HOME LONE STAR INC., IN DOCUMENT NUMBER 2020097471 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 0.26S ACRE 111,SS7 SQUARE FEET) TRACT OF LAND BEING MORE FULLY DESCRIBEDBY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a !4" Iron rod found, the southernmost cornerof said 15.042 acre tract, same being the westernmost corner of a called 4.863 acre tract of land conveyed to Right Quest Acquisitions II I.I.C., in Document Number 20201S1348 JO.P.R.W.C.TX.), and being also a point on an eastern right-of-way line of County Road 110 (a •O.W. Varles). (or the POW OF COMMENCEMENT of the herein described tract, THENCE, crossing said 15.042 acre tract, NSY38'56"E, a distance of 350.84 feet to a calculated point, being the southernmost corner and thePOINTO F BEGINNING of the herein described tract, THENCE, continuing across said 1S.042 acre tract, the following six 161 courses and distances, numbered L through 6, 1 N2l*W53"W, a distance of 22.97 feet to a calculated point, 2. N39930'33"E, a distance of 171.08 feet to a calculated point, 3. N21000'S3"W, a distance of 389AS feet to a calculated point, 4. N68•S9'07"E, a distance of 20.00 feet to a calculated point, for the northernmost corner of the herein described tract, from which a capped W Iron rod found stamped "R! SURVEYING", being a southeastern corner of a called 196.95 acre tract of land conveyed to Stephen Pritchard Trust & Nancy K.P. Ohlendorf Family Trust in Volume 1980, Page 972, Official Records of Williamson County, Texas and being also the westernmost corner of lot 92, Block UU of Siena Section 14, a subdivision recorded in Document Number 2020023552 IO.P.R.W.C.TX.), bears 1462-4S'00"E, a distance of 1L9S7.55 feet, S. S21'00'S3"E, a distance of 401.12 feet to a calculated point, and 6. S39.30'33"W, a distance of 294.06 feet to the POINT OF BEGINNING and containing 0.265 acres (1:4557 Square Feet) of land. Surveyed by: Carlson, Brigance and Omring, Inc. 5501 West William Cannon Austin, TX 78749 Ph:522-280.5260 Fax.,512-280.5165 aaron@cbdenit.com BEARINGUASIS. TEKASCOOROINATESYSTEM,CENTRALZONE142Q31 J:1AC3D15L761SURVEAFIEl0 NOTLWN 0.265 AC Ww ESMT.doc 2022078034 Page 6 of 7 KIR NMI MAIL SUR . 1 T p T mom [ . tiMST I 19 S® / ts IN WWL r- mWI 1 so Ron I IWA M Q 0;1 T .0110:. . : . t:; • • .. a 2022078034 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2022078034 Pages- 7 Fee: $50.00 06/28/2022 02.50 PM KCURRIE 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas