CM-2023-192 - 8/18/2023ELECTRONICALLY RECORDED 2023070182
Williamson County, Texas Total Pages; 13
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 No/100 Dollars ($10.00) and other good
and valuable consideration paid by LEGACY -ROUND ROCK PARTNERS 1I, LP, a Texas limited
partnership, whose address is 209 S 19'St., Suite 100, Omaha, Nebraska.68102, the receipt and sufficiency
of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE a Wastewater
Easement recorded as Document No. 2023058104 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 wilt be of no further effect, whether legal or equitable.
1N WITNESQ 11,'1EREOF, the City of and Rock, Texas has caused this instrument to be
executed on this the T__ day of the month of _ Z023.
RELEASOR:
CITY OF ROUND ROCK, TEXAS
1661�.K. y, ity Manager
& lO �v, lr'6tms'
[Acknowledgement on the following page,]
M-a03,3 - N ,
EVAC2M4.0006
2023070182 Page 2 of 13
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
2023, b , C' Manager for the City of Round Rock, Texas in the capacity
and f r the purpos s nd consideration therein ressed.
... MONWEADNA8Q13 Notary Pt�,tate of Texas
, MOW
x2, 2Q�6
AFTER EXECUTING, RETURN TO: �Q
Planning and Devel ment Services
301 W. Bagdad e., Suite 210
Round Rock, T 78664 �✓ k
�� ,� V-- f I
2023070182 Page 3 of 13
Exhibit "A"
ELECTRONICALLY RECORDED 2023058104
Williamson County* Texas Trial Pages:10
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.
THE STATE OF TLW
KNOW ALL BY THESE PRESEMt
COUNTY OF WILLIAMSON
That LROACY-ROUND ROCK PARTNERS, LP, a Texas limited partnership, whose address is
209 S 19a' St., Suite 100, Omaha, Nebraska 68102, and its successors and assigns (hereinafter referred
to as "Grantor"), for and in consideration of the sum of TEN and N01100 DOLLARS ($10.00) and other
good and valuable consideration paid by the CITY OF ROUND ROCK, TERAS, a Texas municipal
corporation (hereinafter referred to as "Orantee'l, whose mailing Address is 221 East Malts Street, Round
Rode, Williamson County. Taxes 78664, the receipt and sufficiency of which is hereby acknowledged, does
hereby GRANT, SELL and CONVEY unto Grantee a perpetual manner: and right-of-way to construct,
install, operate, maintain, (aspect, reconstruct, enlarge, relocate. rebuild, repair, and remove a wastewater
system aril lines, togethww% all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and
other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under,
above and across the following described property of Grantor. wwit:
Being a 0.0105 acre (458 square Poet) tract of ]and out of Lot 1. Block "A," Webster�Brostad
subdivision, a replan of the Brostad subdivision and a Final Plat of2.79 acres in the RatlWl
Survey, a subdivision recorded In Dowmem No. 202109ISO$ of the Official Public Records
of Williatnmon County, Texas (O.P.R.W.C.T.), said Lot 1 conveyed to Legwy-Round Rock
Partners 11. LP In Document Nos. 2021029874 and 2021029873 (O.P.R.W.C.T.); said 0.0105
acres being more particularly described in Exhibit "A. attached hereto and incorporated
herein by reference for all purposes.
This conveyance is made and accepted subject to ell conditions and restrictions, if any, relating to
the heminabove described property to the extent, and only to the extant, that the same may still be in force
Ad effect and shown of record in the office of the County Clerk of Williamson County, Texas.
Except as otherwise noted, the easernea4 rights and privileges herein granted shall be perpetual;
provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the
said wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive yeas.
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 ofGrantee, which consent shall not be unreasonably
withheld, conditioned or delayed. Grantee shall have the right to review any proposed easement or
conflicting use of the easement to determine the effect, if any, on the wastewater lines contemplated herein.
Prior to granting its consent for other easements, Grantee may require mumble safeguards to protect the
integrity of the wastewater lines. As required by this paragraph, express written consent of Grantee shall be
obtained by Grantor in the following manner, advance written notice must be given by certified mail to the
(1) City of Round Rock City Manager at 221 Fast Main Street, Round Rock, Texas 79664, and (2) City
W23W40e6 wW L "SeaIK R"wo 11
2023070182 Page 4 of 13
Exhibit "A"
2023068104 Page 2 of 10
Engineer at 3400 Sundae Road, Round Rock, Texas 78665. Following rocelpt of such notiec, the City of
Round Rock shall have ten (10) days In which to respond in writing Smotiag consent, conditioning consent
Won reasonable safeguards, ordenying consent.
Grantor 1lrtther grants to Grant":
(a) the right of ingress to and egress from the easonent over and across Grantor's property by
means of roads and lanes dwwn, if such exist, otherwise by such routes) as shall occasion
the least practicable damage and inconvenience to Grerutw,, provided that such ingress and
egress right shall not extend to any portion of Grantor's property isolated from the easement
by any public highway or load now or hereafter crossing the property; the foregoing right of
hWm and egress includes the right of grantee to disassemble, rernove, take down, and clear
away any barricade or otlmmotrm which obstructs, ptvmts, or hinders Orantte's ingress
to and eptesa firm Grantor's property. and should Grantee dean It necessary to so
disessembic remove, takedown, or clear away any such barricade or otherstruc ure, Grantee
shall, as soon as is reasonably feasible and at its sole cost and expense, replace or restona
Grantor's pmpo ty to as similar a condition as Is reasonably practicable as existed
immediately prior to grantee's actions pursuant to this provision, union said barricade or
other structure is inconsistent with rights conveyed to Grantee heroin;
(b) the tight of construction, maintaining and using suoh toads. on and across the property as
Grandee may deorn necessary in the exercise of the right of ingress and egress;
(c) the right io mark the location of the easement by suitable morken; provided that such
markers shell be placed in locations which will not interfere with Guy reasonable use Grantor
shall make of the easement;
(d) the right to grade the easement for the bait width thereof and to extend the cuts and fill& for
such grading into and on the land in the easement to such extent as Oramee may find
neasonabty necessary;
(e) the right from time to time to trim and to cut down and clear away any and all tmes and brush
now or hereafter on the easement and to trim and to out down and clear away any trees on
eitha side of the easement which now or hereafter in the reasonable opinion ofOranntee may
be a hazard to the wastewater limes, valves, appliances, fittings, or other improvements by
reasosa of the danger of falling thereon or root infiltmilon thereia, a which may otherwise
interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee shell
not trim andforcui down and clear away any trees andfor brush outside of the Easement Aron
without the prior written consent of Omntor, and shall be removed by Orattdee;
(f) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easoment; and
(g) the right to support the wastewatcr lines across ravines and watercourses wlth such structures
as Grantee shall doom necessary.
Grantee hereby covenants and agrees:
2023070182 Page 5 of 13
Exhibit "A"
201MO104 Page 3 of io
(a) OM%o shall not fence the easement; and
(b) Oranw shall promptly bodtEill any treach made by it on the easement and repair any damage
It shall do to Oronlor's private roads or land on the lands,
Notwithstanding anything in this instrument to the contrary, Grantor also retains, reserves, and shall
continue to egjoy the safe*$ of such easement for any and all purposes which do not interfere with and
prevent the use by Grantee of the eeserrrent, including the right to build and use the surface of the easement
for private struts, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming
pool, aport court, storage shed, accessory building, barbeque pit or similar sbucttuvi or drill or operate any
well, or construct any reservoir or other obstruction on the easement, or diminish or substantially odd to the
ground cover over the pipelines. Ormtee shall not be responsible or liable for the removal, repair or damage
to any property. structure, building, or other use inconsistent with the rights conveyed to Grantee by the
easement. Provided however, before constructing any nondnterfe erg improvements listed In this paragraph,
at loser ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to
be constructed on the easement, and Grantor must prat obtain the consent and approval frown Grantee of the
construction and location of any improvements within the easement, which consent and approval shell not
be unreasonably withheld, conditioned or delayed.
It is understood and agreed that any and all equipment and t> HIles placed upon said property by
Grantee shall remain the property of Orantee.
Orator hereby dedicates the easement as a public utility wastewater line easement for the purposes
stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives,
to warrant rind forever defend, all and singular, the abov4Avs;cribed easement and rights and interests unto
Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same.
or any part thereof.
(Signature and Acknowledgement on Following Page)
2023070182 Page 6 of 13
Exhibit "A"
2023069104 Page 4 of i s
Q W 77VE$3 jb+�{BREOF, Grantor has ommW this instrument to be executed this day of
_ . � .�023.
0
LEGACY -ROUND ROCK PAWNER% LP
a Texas limited partnership
BY: Leg Round Rock, LLC
a Tan limited Ilability company
its Genvrel Partner
By: Comeratone Associates, LLC
aNebraakallmked Hablllty company
Its Sole Member
By:
Name:
THE STATE OF jWXj*A f
i
COUNTY OF r r '• i
This inW mena was acknowled d before me on this the je_ day of the month
of . 2023, by o I.Wa, (Name), i4t j W, -,4-60:IC A- ,1 (Title). of
COME TONE ASSOCIATE% a Nebraske limited liability oompany, known by me to be the
person whose acme is subacrlbed to the foregoing Insuumet, and acknowledged to me the he executed the
same as the act and dead of and on behalf of said entity and In the capacity and for the purposes and
consideration theroln expressed,
VIIII k.
Signature ,
Agar executing, piewe ratUrn to:
Prittited ame
Planning and Development Services
301 West Bagdad Avenue, Suits 210
Round Rock, TX 7UM
Notary Public, State of
2023070182 Page 7 of 13
Exhibit "A"
2023058104 Page a of 10
BOW NA, a national b"ng association, as Beneflolary under a Dead of Trust, Assignment of
Rents and Leases, Security Agreemeni, and Fixture Filing (With Power of Safe), executed by LBGACY-
ROUND RUCK PARTN)3Rf3, LP, a Texas limited partnership, recorded In Document No. 2021029873,
and being modified by time Agreements in Document Nos. 2021029976 and 2021029877 of the Official
Records of Williamson County, Texas (collectively referred to as the "Grantor Security Documents") that
creates liens, security Interests and other rights and powers that encumber all or parts of the property
described In Exhibit "A" (''Grantor Liens"), executes this easement document ("Emernent") for the limited
purpose of (1) consenting to the forms and conditions of the foregoing Easement and (11) agreeing that the
Grantor Security Documents and the Grantor Liens are and shall be subordinate end inferior to all of the
easements restrictions, tcnns and provislons of the Easement, so that no enforcement of the terms of the
Grantor Security Documents shall amend, impair or otherwise affect the easements, restrictions, terms or
provisions of said Easement.
BOKF, NA
a National Banking Assocl ion
By:��
Name:,,... glook
yeti it VICS President
Title:
THE STATE OF , 77Ma&±�
COUNTY OF _ :raap!tt
T is instrument was acknowledged before me on this th day of 2023, by
_ (Name), the (Title) of B , 'NA, a national
ki�association known to me to be the w
n8 parson host Hama is subscribed to the preceding instrument,
and acknowledged to me that hetshe executed the same for the purposes and consideration recited herein.
ublic Ina for the St of
��, � i7 •»
ac W
IIXHIBIT "A"
2023070182 Page 8 of 13
Exhibit "A"
2023059104 Page s of 10
Exhibit *A*
Lot 1, Block'A', Websw-Brostad Subdivision— a "at of the
Brosted Subdivision and a Final Plat of 2.79 acres in Tiro Randall Survey
Leff Deist pie'
BEING A DESCRIPTION OFA TRACT OF LAND CONTAINING 0.0105 4AU
ACRES (458 SQUAREFEET) OUT OF LOT 1, BLOCK "A", WEBSTER•
BROSTAD SUBMVISION — A REPLAT OF THE BROSTAD
SUBDIVISION AND A FINAL>PLAT OF 2.79 ACRES 1N THE RANDALL to 11= "M
SURVEY, A SUBDIVISION RECORDED IN DOCUMIM NO. 'u"'tTMTX U70
202109150 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON jww4Nvwdkmm
COUNTY, TEXAS (O.1P.R.W.C.T.k SAID LOT 1 'DONVBYED TO meat mho
LEGACY ROUND ROCK PARTNERS 1% LP IN DOCUMENT NO.
202102M4 AND 2021029973 (O.P.R.W.C.T), SAID 0.61" ACRES
BF,ING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING, at an iron rod with "Baker-Aiklen" cap found In the north right-ofway line of Doris
Lane(SO' right-of-way) being the most southerly southwest comer of said Lot 1, and being In the beginning
oft transition from the north right•of-wey line ofsaid Doris Lane to the east right-of-way line of Red Bud
Lane (dght-of-way varies), thorn which a 112-inch iron nod with %Ward -Boundary" cap set for the
southew corner of said Lot I and the southwest corner of a called t .980 acres tract conveyed to Raymond
T. Alexander In Document No.2000057019 (O.P.R.W.C.T.) beans, N87.5913"L, a distance of 45S.05 fast;
THENCE, with said transition N47,33'37"W, a distance of 21.20 feet to a 60d hall found for the end of
said transition, being the most aottherly southwest comer of said Lot i and being in the east right-of-way
line of said Red Bud Lane;
THENCE, leaving said transition, with the west line of said Lot 1 end the sera dght•of-way line of sold
Red Bud Lane, N01441'09"W, a distance of 11.25 feet to a calculated point for the southwest comr and
POINT OF BEGINNING hereof.
THENCE, continuing with the west line of said Lot I and the east right-of-way litre of said Red Bud Lane,
N011141109"W, a distance of ISAO feet to a calculated point for the northwest comer hemf, from which
an iron rod with "Baker-Aiklen" cap found for the northwest comer of sold Lot I and the most westerly
southwest corner of the rem trAer of a tailed 3.280 acres tract conveyed to Am Coronado in Volume 144$,
Page 381 of the Real Property Records of Williamson County, Texas (R.P.R.W.C.T.) bears, NO1041'09"W,
a distance of 614.56 feet;
THENCE, leaving theeast right-of-way line of sold Red Bud Lane, over and across said Lot 1 the following
three (3) oeurxea and distances:
1) N88°18'3I"E, a distance of 30.50 fact to a calculated point for the northeast comer hereof,
2) S014PO E, a distanoo of 13.00 foot to a calculated point for the sowhesst corner hereof,
P.!0102 Metes do Bounds do CwtWcogons1o1025-W WB-I.dot:x
2023070182 Page 9 of 13
Exhibit "A"
2023030104 Page 7 of 10
ExhlWt "A"
3) SWIS'Sly'I Gdlswmof30.6ofwtodwpowfoFBEGINNING�MW"Dtatain800loSAem
(458 Squaro Foot) njoro or Im.
NOT&
All bearittga are based oa the Tom State Plano Coordinate System, Orld Nortb, Cants! Zane (4303), all
disimm wom edjwtod to sw" wing a Combined create (rotor of 1.000118481S46. Sae attached skewh
(9efoM00 drawing: 01025 W WS• I .dw8)
4°1212023 P
)aWend, RpLs pi811
7;4%�W Land Surveying, LLC am IMv
P:,0102sIMatw & Bour4s do Certillcatlonsj01023.WW&I.doox
2023070182 Page 10 of 13
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Exhibit "A"
EXhlbit `A'
REMAINDER OFA
CALLED 3.280 ACRBS
JIM CORONADO
VOL. 1445, PO.387
R.P.R. W.C.T.
2023058104 Paps 8 of 10
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2023070182 Page 11 of 13
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LOT) BLOCK "A"
WEBSTBRBROSTAD SUBDIVISION - A REPLAT OF
TUB BROSTAD SUBDIVISION AND A RNAL PLAT
OP Z 79 ACRES IN TNB RANDALL SURVEY
DOC. NO. 2021891505
O P.R. W.CT.
OWNEW LEOACX ROUND ROCK PAItTNHRS !I, LP
DOC NO. =1029874 &
2021OM73
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Agenda Item Summary
Agenda Number:
Title: Consider executing a Release of a Wastewater Easement recorded in Document
No. 2023058104 of the Official Public Records of Williamson County, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/18/2023
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: EVAC2304-0005 WW Easement Vacation -Legacy Senior Residence II
Department: Planning & Development Services
Text of Legislative File CM-2023-192
This is release of an existing wastewater easement that was erroneously recorded as such when it should
have had a different owner title. A new easement, with the same boundaries and location, that corrects
this title error has been dedicated.
City of Round Rock Page 1 of 1