R-86-884 - 6/26/1986THE STATE OF TEXAS
6
COUNTY OF WILLIAMSON G
At regular meeting of the City Council of Round Rock, Texas, the following
proceedings were held:
ATTEST:
,1/ //L ' ,L,.
JtINNE LAND, City Secretary
R E S O L U T I O N
On this day at a regular meeting of the City Council of the City of Round Rock,
Texas, a Resolution was proposed which was seconded and which was approved and
adopted by majority vote of the Council members, the Resolution being as follows:
WHEREAS, the City of Round Rock has been notified by District 14 of the State
Department of Highways and Public transportation that there exists a 0.139 acre
tract of land which is a portion of a 0.207 acre tract of land for which easement
title was acquired by an instrument dated January 23, 1934 from Irene Merrill to
the State of Texas of record in Volume 268 Page 439 of the Deed Records of
Williamson County, Texas which was acquired as an upstream channel easement for
U.S. Highway 81 and was located on the West side of said U.S. Highway 81 and
which is now no longer needed for drainage purposes and is surplus to the State's
needs and is not needed for use by the citizens for road or park purposes; and
WHEREAS, it is the State Department of Highways and Public Transportation's policy
to dispose of the State's interest in such right of way easements to the owner
of the fee in the land" when they become surplus; and
WHEREAS, the City of Round Rock desires that the State of Texas relinquish its
interest in this 0.139 acre tract of land to the owner of the fee in the land ";
NOW, THEREFORE, BE IT RESOLVED by the City Council of Round Rock, Texas that
the aforementioned 0.139 acre tract of land which is now surplus and is no longer
needed for right of way purposes and is not needed for use by the citizens for
road or park purposes be quitclaimed by the State of Texas to the owner of the
fee in the land" providing this meets the requirements of the State Department of
Highways and Public Transportation.
RESOLVED this 26th day of June, 1986.
Mike Robinson, Mayor
City of Round Rock, Texas
BEING 0.139 acre of land, more or less, out of and a part of that certain
0.207 acre tract of land, more or less, in the David Currey Survey Abstract
No. 130 and being all of the remainder of that channel easement granted to
the State of Texas and found of record in Volume 268 Page 439 of the Deed
Records of Williamson County, Texas. Said 0.139 acre of land, more or less,
being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found in the West right of way line of U.S. Highway
81, same being the Northeast corner of an 18.944 acre tract of land entitled
"Tract I" conveyed to said Triangle Land Venture II by deed recorded in
Volume 1044 Page 106 of the Deed Records of Williamson County, Texas and
same being the Southeast corner of said "Tract II" and also same being the
Southeast corner and point of beginning of the hereinafter described channel
easement;
THENCE North 69 ° 59' East along the division line between said "Tract I" and
"Tract II" a distance of 401.46 feet to an iron pin found in the East right
of way line of Interstate Highway 35, said point being the Southwest corner
of said "Tract II" and also being the Southwest corner of the aforementioned
channel easement;
THENCE along the East right of way line of Interstate Highway 35 North 11 °50'
West a distance of 15.15 feet to the Northwest corner of said channel easement;
THENCE South 69 ° 59' West a distance of 399.13 feet to the Northeast corner of
said channel easement, said point being in the West right of way line of
U.S. Highway 81;
THENCE South 20 °50' West a distance of 15.00 feet to the POINT OF BEGINNING.
The above described tract of land contains 0.139 acre of land, more or less.
SKETCH To ACCOMPANY FIELD NOTES
Fag A FIFTEEN (15) Foo-r WIDE
ORA,N NGE. EASEMENT (To 86 VA CATED
P 'N T OL
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EXHIBIT "B"
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LEGEND
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Job Ne. 574 /76-
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Haynie & Kaltman Inc.
CONSULTING ENGINEERS
12212 Technology Blvd. Suite H
Auc11n Tone 7 [2707
COMMISS{ON
ROBERT C. LANIER, CHAIRMAN
ROBERT H. DEDMAN
JOHN R. BUTLER, JR.
Control: 1509- 2_and 3
Williamson County
U.S. Highway 81: From the North City Limits of Round Rock
To the South City Limits of Georgetown
Mr, Jack Harzke
City Manager
City of Round Rock
214 East Main
Round Rock, Texas 78664
Attention: Mr. Joe Vining
Dear Mr. Harzke:
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
P.O. Drawer 15426
Austin, Texas 78761 - 5426
July 16, 1985
Attached is a copy of a letter dated July 1, 1985 from the Fields Group
advising that they are desirous of purchasing a surplus channel easement
from the State of Texas. It has been determined, by personnel of this
office, that this channel easement originally acquired in the construction
of old U.S. Highway 81, is in fact surplus and no longer needed by this
Department.
For this office to recommend to our main administrative office that the
tract be relinquished to "the owner of the fee in the land ", it is
necessary that the City of Round Rock City Council adopt and approve the
attached resolution. Upon receipt of the executed resolution, we will
recommend to our administration that the State's interest be relinquished,
In addition to the resolution, we are also attaching a sketch of the real
estate involved and a set of field notes for the subject tract.
BMJ :se
Attachments
5£
Sincerely yours,
R. A. Brown
District Engineer
C. H. Garrett, III
District Administrative Engineer
ENGINEERDIRECTOR
MARK G. G000E
IN REPLY REFER TO
FILE N0.
Fields Group
1 112 W. Ben White Blvd., Suite 400
Austin, Texas 78704
512 445 -5550
DE
DAE
DCE
DOE
DME
July 1, 1985 DIE
ROW
ACCT
PAO
Mr. Harry Johnson IR
Right of Way Division
State Highway Department
P. O. Drawer 15426
Austin, Texas 78761 FILE
Fields Group Management, Inc. • Austin • Odessa /Midland • San Antonio
S. D. H. R T.
Received
JUL 0 2 1985 j•
District 14
Austin, Texas
Re: Triangle
(1) Release of 15' State Highway Department Easement
Dear Harry:
Pursuant to our phone conversation, this shall serve as our formal request
to the State Highway Department as follows:
Triangle Land Venture II, as fee simple owner of the property
described in the Field Notes attached hereto as Exhibit A, hereby
requests the State Highway Department to relinquish a 15 -foot wide
drainage easement running from U. S. Highway 81 Business Route
to IH -35. A sketch to accompany field notes for the 15 -foot wide
drainage easement is attached hereto as Exhibit B. Triangle Land
Venture I I will reimburse the state for appraisal of the easement and
pay the customary service fee.
Also enclosed as a separate document is the vacation of drainage easement
of record in Williamson County that was unacceptable to the title examiner
at Georgetown Title. Per your instructions, a copy of this letter and all
exhibits and enclosures is also being mailed to Mr. Luther Toungate of
your District Fourteen Office in Georgetown, Texas, and to Mr. Carl
Sundbeck.
Mr. Harry Johnson
July 1, 1985
page two
1f you have any questions, or require additional information on behalf of
the fee simple owner, Triangle Land Venture II, please advise.
Sincerely,
nnie C. Fields, r.
enture Manager
Triangle Land Venture II
JCF /kml
enclosures
cc: Jim Spence
Tom Sandridge
Connie Holt
VIA HAND DELIVERY
DATE: June 24, 1986
SUBJECT: Council Agenda, June 26, 1986
ITEM: 13B - Consider a resolution authorizing the Mayor to execute an
agreement with the Texas Department of Highways and Public
Transportation for the release of certain lands.
During survey work for the relocation of U.S. 81 at F.M. 3406, surveyors
found records of an old easement that was apparently no longer in use.
Before the State can finish the right -of -way transfer on this project, the
City must declare that the 0.139 acre parcel is no longer needed. The
attached resolution will accomplish this task.
E.