Loading...
CM-2023-222 - 9/29/2023ELECTRONICALLY RECORDED 2023083280 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 EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated ill 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 ARRINGTON RIDGE I1, LLC, a North Carolina limited liability company, whose address is 201 North Elni Street, Suite 201, Greensboro, North Carolina 27401, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE a Wastewater Easement recorded as Document No. 2015100515 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 abandoninent, termination, vacation, and cessation of purpose, and which easement will be of no further effect, whether legal or equitable. 1N W1TN WHEREOF, the City of )-bmd ock, Texas has caused this instrument to be executed on this t] —kday of the month of F RELEASOR: CITY OF ROUND ROCK, TEXAS C " Laurie Hadley, City Manager [Acknowledgement on the following page.] EVAC2208-0002 2023083280 Page 2 of 11 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON instrume� was acknowledged before me on this the2'" day of the month of 2022, by Laurie I-Iadley, City Manager for the City of Round Rock, Texas in the capacity and for the pLu-poses and consideration therein expressed. MONIQUE ADAMS My Notary I©# 125257913 Wns March 22r LU26 AFTER EXECUTING, RETURN TO: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round Rock, TX 78664 2 �j t "t , I.L, 1 � �� Notary Public, St• e of Texas Exhibit "A" WASTEWATER LINE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 2023083280 Page 3 of 11 7 PCs 2015100515 ESMT l KNOW ALL BY THESE PRESENT'S: That Bartz Properties Management, LLC, whose current address is 20395 FM 2115 Salado, Texas 76571 and its successors and assigns, (hereinafter referred to as "Grantor'7, for and in consideration of the sum of TEN and N0/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation, (hereinafter referred to as "Grantee'), whose mailing address is 221 East Main Street, Rolmd Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL 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 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, to -wit: Being a description of a tract of land containing 0.1633 acres (7,112 square feet) out of the N.B. Anderson Survey, Abstract No. 29 in Williamson County, Texas, being out of and a part of a called 41.234 acre tract conveyed to Bartz Properties Limited Partnership in Document No. 2012075532 of the Official Public Records of Williamson County, Texas, said 0.1633 acre tract being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is made and accepted subject to all conditions and restrictions, if any, relaying to the herein above described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shalt 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 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 unreasonably withhold. 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 reasonable 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 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the 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. 345593 0140.1501 ED1510.0010 2023083280 Page 4 of 11 2015100616 Page 2 of 8 Exhibit "A" Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route(s) as shall occasion the least practicable damage or inconvenience to Grantor; 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 road now or hereafter crossing the property; the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or binders Grantee's ingress to and egress from Grantor's property, and. should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as is reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers; provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) the right to grade the casement for the full width thereof and to extend the cuts and fills for such grading into and on the land in the easement to such extent as Grantee may find reasonably necessary; (a) the right from time to time to trim and to out down and clear away any and at! trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the easement, and provided that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfitl any trench made by it on the easement and repair 2. 2023083280 Page 5 of 11 2015100616 page 3 of S Exhibit "A" any 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 caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission 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 easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, 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, 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 substantially add to the ground cover over the pipelines. Grantee 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 non -interfering improvements listed in this paragraph, at least 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 first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility wastewater line easement. 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 and forever defend, all and singular, the above-deseribed easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim some, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2015 (Signature on the following page) 3. 2023083280 Page 6 of 11 2015100516 Page 4 of 8 Exhibit "A" GRANTOR: Bartz Properties Management, LLC ACKNOWLEDGMENT THE STATE OF } £0c)29 § C RYSIAL DIXON +�; Notary Public, State of Texes COUNTY OF § i My Cammisiign2Q,ties `�� �Tlds instrument was acknowledged before me on this the � day of the month of /`+tam c 2015, Michael Bartz the Manager of Bartz Properties Management, LLC, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said end and in the capacity and for the purposes and consideration therein expressed. Si lure aa►s 77 L Printed Name Notary Public, State of After recording please return to: Development Services Office 301 W. Bagdad Ave., Suite 140 Round Rock, TX 78664 4. 2015190515 Page 5 of 8 Exhibit "A" 2023083280 Page 7 of 11 Tl. B. Anderson Survey, Abstract No. 29 Esrta'S'trrvaybrg ripaQM B)PN.G A DFSCM. nON OF A'nACT 0 LAND CONTARM6 0.%33 ACRE (7,112 SQUAR9 FEET) OUT OF TEM N.B. ANAERSON MIRYk)!r AMTRACI N0. 29 IN WILL45tsoj ['COUNTX, TEXAS, BANG OUT OF AND APART OF A CALLED 41,23.4 ACRE TRACT CONVEYED- TO BARTZ MOPRRMS J,WIITFD PAitTN ERSM11 IN DOCUMENT NO.101247S5�2 07 Tft OFFICIAL 1?U 11C AECO"S OF.TVILLI1MON COiAVTY, TEXAS (O.P.M.W.C.-),SAID 0.1633 AC1iP, BRING MdRE PARTICULARLY DESCMED $Y MZM AND BOUNDS AS FOLLOWS (ALL BRARINGS ARE BAMW ON THE TEXAS 9TA'TE PLANE COORDINATE 5YSTEly1,; GRID ]IOR`171, CENTRAL OZONE 0203) ALL DISTANCES a W.EI{E ADYUST&D TO SURFACE USING A COMBINRD SCALE FACTdk OF L606128830633): To9ox 90876 Awl* TX 79709 312IU3311 Ja+ra�4wuatroom �m C411RA1'IENCING at -a M-inch iron rod found at art exterior ell comer of a called 15.7070 acre tract conveyed to Ajar II Bartz Ranch LLC, recorded In Document No. 2014099379 (O.P.1M.C.T), and being} the south tight -of -way line of lbbl4tr° V Boulevard• (ltigh"f--way Varies), and being in the west Ike of a called 7.40 acre tract, described ss xract I )n a diced to A & W Limited Parlpembsp, recorded in DocuaentNo.'2008069340 (OXIM.C.T); TJMNCF,, with the south right-of-way line of said University Boulevard, and with the north line of said ANfFp 11 Bartz P]%nch tract, alo:rg the arc of a curve to the d04 whose radius is 2,112.42 fret, whose am length is 97.00 feet and whose chord bears S67°41'11"W, a distance of 96.99 feet to'a I/2 inch iron rod with "Chapafrai" cap found, said point being the noortheast Corner of the remainder of said Bartz Propdrtids tract, and being the northwest conger of said A.M O U Bartz Rauch tract; TiIIENCE, leaving the south right-of-way line of said University Boulevard, with the west ljno of Bald MOP II Bartz Ranch tract, and with an east line of the remainder of said Hartz Properties tract, S09°14'02"B,'a distancc�of 225.32 feet to a calculated point for the northeast corner add POINT OF BEGi�NNIN4 hei'eo� THENCE, contipuing with the west line of said ANCP II Bartz Ranch tract and the east line of the remainder of said Bartz Properties tract, S09°14'02"E, a distance of 15.13 feet to a calculated point for an angle point hereof, from which a 1J2-inch iron rod with "ChaRarrel" cap found at an exterior ell comer of said AMFP 11 Bartz Ranch tract bears, 909°14'02" A a distance of 26.05 feat; THENCE, leaving the west lice of said AMFP 11 Bartz Reach tract and the east line of the remainder of across said Bartz Properties tract, over and said Hartz Properties tract, -the following four (4) courses and distances: 1) S25°27'47' W, a distance pf 35.40 feet to a calculated point for an angle point hereof, 2) SM5811011E, a distance of 179.33 feet to a calculated poid for an angle point hereof, 3) 80402611217, a distance of 287.36 *et to a calculated point for the southeast corner hereof, and 4) SSI°021061W, a distance of 439 feet to a calculated point for the southwest corner hereof, said point being in the west line of the remainder of said Bartz Properties tract, and being in the east line of Lot 1, Block "B" of Oatrntont Crossing Section EXHIBIT PA003471Adetes & Bounds 8r A Basement 2.doex Page I of 2 2023083280 Page 8 of 11 2016100615 Page 6 of 8 Exhibit "A" One, recorded in Cabinet H, Slides 311-313 of the Plat Records of Williamson County, 'foray (P.R.W.C.T.), from which a M-inch iron rod with "Chapauul" cap found at an exterior ell corner of said AWP U Bartz Rauch track, and'being'a point in thh west line of said Bartz Properties tract, and being a point in the east line of said Lot 1 bears, ;;09114'02M, a distance of 2,,26A4 feet; THENCE, with the west tint of the remainder of said Bartz Izoperties tract, -and being tho test line of Md. lot 1. N09°1410211W, a distance of 119.93 fact to a oalculated point for an angle Point heseoty Rom which a 1/24neh icon rod with "Austin Surveyors'" cap found at tha northeast eor#er of said I.tit 1, and being the northwest corner of the re.malpAg-of said Bartz Properties tract, and being in the south right-of- way line of said University Boulevard bears, NOV1410TV, a distanoo of 605.84 feet; THENCE, leaving the west line of the remainder of said Bartz' Properties tract and the east Ilse of said Trot 1, over and across the remainder of said Bartz Properties tract, the following four (4) courses and distances: 1) N0402¢112"W, a distance of 167,66 feet to a calculated point for an angle point h 2) N08'10"W, a distance of 183.38 feet to a calculated point for an angle point hereof, ' 3) N25027,470 , a distance of 46.69 feet to a calaajat'ed point for as angle point hereof, and 4) N73013' 0T'E, a distanoo of 8.63 feet to the POINT OF BEGOMING, and containing 0.103 Acre (7,112 Square Peet) more or less. MMd 9124/15 Iriard RP)i S #811 4WoSurveying, LLC fJCH181'f P:10030Metes & Bounds & Certi eaaent 2.doox Page 2 of 2 20151DO515 Page 7 of 8 IaPal Lai M01 2023083280 Page 9 of 11 �.C. K�z11'L.4 L:96.91' xJ Dal 37'R3') , GRID N. 10,178,401.t37 / S87 3B'50"W 98,91) EA] GRID E: %1=79-32 / R 21 137.0000' D•2'37'5i" �nvsrN suR+ tbAS' 11� 1S67'41'11'W 06.99'f °�! dP% /✓ s ��t a; (S$1O5'j 7"E OR EASEMT 7O66123{' fC M4b1,16 09G02E LEOEN D i �L G }ld N: 1 [].178,1k2 47 4 �A ' GRID E: 3,132,82576 PROPOSED FASEla1EN1' LINE 1 L2 ��C7-`Z`. r �Oma Pf�CPmrr USES ® -� 1'd 6rA u!` ` us'm EAEM� R 209 s402a E [A] MON OD VdT l ,°CHAPARRAL" y, a o CAP FouNn {oral ss o ) N to CADET 7.40 AC= (U ESS ]RON ROD ND7�0)F6uNC � (`�.A � Q CJ1LCl1LAiE0 POINT CA A W LDET 1 Q.P.P,W.QT. 040AI. PUBL.0 i? OM � PAR TXBRSJB ° � YhLUAl EVA CWHTY, Tws DOC'. NDW08069340 l PJVY.C.T. PLAT RECORDS, SON CUM Y, WAS } O.P.R,W.C.T. pFFIG1AL REDDRDS. 54YLLiA1ASUt�j couNTY. REMAIND.IIR OF P.O.G. pdmT of BECI "a } S" CALL.$D 4X.23,4ACMTRACT �. P.U.Q. PENT OF CMWENCSJCNT BAR' ZPROM? R.U.W. M5T-OF-Wxy 1i P.U.E. PUBLIC Vnuv l ASELI fT LPJF.,MD PAR ERSW aac. ND. WOUMFN7 WMBM } 1 rOC, No, 20IM75532 f .....) RECORD '1NFORMATION PER }. 7 U.P.R.W.C.T. DOD. No, �Q13028847 }' WASTMATER BAsNT . 0.1633 Ar (S) ALL 13EAFi1MGS ARE BAStP ON 7,112 SQt!An Mom' TEXAS STATE' PL4Ni , g0ORMATE SYSTEK GRIT? NORTH, CENTRA€. ZONE, 420). 3�AI]83. , } ALL DI57'ANMS E AON D68 6 tCi Mtz l Z" ' TO SURFACE: USING A COMMNED SCALD: FACTOR OF 1.000128133OS33. 21 SF A-&AVHEb Ai -q AND 13OUNDS DESCRIPTION. W00`i02"W 1 S 13,93'— S09'14' 02 1f3' P.U,E. SLIDE UNE TA13 E L.1NE 0 DIRECTION UENGTH Ll SgQ'14'G2'E 15.13' L.2 L_3 §26'z7'47'W 581'02108'W 35.4Q' 4.99' L4 N25`27'4iE 48.89' L� N7�'13'07'E s.sa' D 8q 161) 40 12D GRAPHIC SCAiY— i = 80' [ ] AlhnffadL.��'yC lwpy PO Box 90876, AU90n Texts 78709 WINWAWARDLS,C0M (512) &37.n84 TOPES FIRM08174300 Dda! 9/24/2013 gala I — W Wcv-rr. ,1511� ta.b: dlY F1aid Irevr: dCR SUryev Dale; SEPT 2014 2023083280 Page 10 of 11 2015100515 Page 8 of 8 Exhibit "A" i V 3IG RED DOG ENGINEERING 2021 EAST STH STREET STE 110 AUSTIN TX 78702 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015100515 Nancy E. Ristar, County Clark �ry Williamson County, Texas November 16, 2615 01:04 PM FEE: $45.00 VPAVLOVLCH 2023083280 Page 11 of 11 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023083280 Pages: 11 Fee: $62.00 10/04/2023 09.26 AM MBARRICK 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas