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CM-06-09-199EXECUTED DOCUMENT FOLLOWS iii Ill! 110111 11111III II QUITCLAIM DEED Hwy 79 Right of Way THE STATE OF TEXAS 11111111111111111 DEED 8 PGS 2006087973 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 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 That City of Round Rock, of the Counties of Williamson and Travis, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have Quitclaimed and do by these presents Bargain, Sell, Release and forever Quitclaim unto the State of Texas all of Grantors' right, title, interest, claim and demand in and to those certain tracts or parcels of land, situated in the County of Williamson, State of Texas, more particularly described in Exhibits "A -B" attached hereto and incorporated herein for any and all purposes. This Quitclaim is made subject to the continued rights of existing utilities, if any, as provided by law, and any required adjustment will be at no cost to the Grantors. In addition, this Quitclaim is subject to all matters of public record and to all easements, leases, agreements or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation or inquiry, including but not limited to the rights of parties in possession. THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY, PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION, UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS INSPECTED THE PROPERTY AND THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRANSPRT7GENERA-2/00104670. W PD ery\-0&- ci.. TO HAVE AND TO HOLD for said purposes together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said State of Texas forever. IN WITNESS WHEREOF, this instrument is executed on this the c2 9 day of SF,(rf C—L 2006. GRANTOR: CITY OF ROUND ROCK, TEXAS fofoQo By: Date STATE OF TEXAS COUNTY OF ,n01LA-c Ar\Sor R. Nuse anager This instrument was acknowledged before me on the c` day ofS p i E e.1L, 2006, by James R. Nuse, City Manager for the City of Round Rock, Texas. (//)1407)-\_, Not. Public, State of Texas 2. PARCEL NO./GRANTOR 1—Old Settlers Association 3—RRE Investors, L.P. 4—Continental Homes of Tx. 5—Texas Rainbow Company EXHIBIT "A" Highway 79 Right of Way GRANTEE City of Round Rock City of Round Rock City of Round Rock City of Round Rock 3. WCOPR Information Doc # 2000048501 Doc # 2000001729 Doc # 199964714 Doc # 2000026606 PARCEL NO./GRANTOR 1—Old Settlers Association 3—RRE Investors, L.P. 4—Continental Homes of Tx. 5—Texas Rainbow Company EXHIBIT "A" Highway 79 Right of Way GRANTEE City of Round Rock City of Round Rock City of Round Rock City of Round Rock 3. WCOPR Information Doc # 2000048501 Doc # 2000001729 Doc # 199964714 Doc # 2000026606 Page 1 of 3 EXHIBIT County: Williamson Parcel No.: 2 Highway: U.S. Highway 79 Limits: From: County Road 195 To: Approximately 1000 feet east of County Road 110 CSJ: 0204-01-050 FIELD NOTE DESCRIPTION FOR PARCEL 2 DESCRIPTION OF A 0.421 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, A-297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT 1I1 (HOUSE TRACT), A CALLED 9.691 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK AS DESCRIBED IN EXHIBIT "B" OF THAT PARTITION DEED BETWEEN THE CITY OF ROUND ROCK AND THE OLD SETTLERS ASSOCIATION RECORDED IN VOLUME 1760, PAGE 451 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.421 ACRE TRACT, AS SHOWN ON A RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at'/z-inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set 144.82 feet left of Survey Baseline `G' station 229+40.53, being a point on the west line of said 9.691 acre tract, also being a point in the east line of that certain Tract 1, a called 101.110 acre tract of land conveyed to the Old Settlers Association as described in Exhibit "C" of said Partition Deed, and being the northwest corner and POINT OF BEGINNING of the tract described herein; 1) THENCE crossing said 9.691 acre tract, N 63°36'53" E, a distance of 235.37 feet to a Type II TXDOT monument set 144.86 feet left of Survey Baseline 'G' station 231+75.90, being a point in an easterly line of said 9.691 acre tract, same being the southwest corner of that certain Tract One, a called 39.975 acre tract of land conveyed to the City of Round Rock as described in Exhibit "B" of that Partition Deed between the City of Round Rock and RRE Investors, L.P., a Texas limited partnership, recorded in Document No. 9919729 of the Official Records of Williamson County, Texas, also being an angle point in the west line of that certain Tract Two, a called 88.411 acre tract of land described in Exhibit "A" of said Partition Deed, the remainder of which is held by RRE Investors, and being the northeast corner of the tract described herein, from which a'/2 -inch iron rod found for an interior ell corner of said 9.961 acre tract bears N 01°32'16" W, a distance of 700.76 feet; 2) THENCE with the easterly line of said 9.961 acre tract and the west line of said 88.411 acre tract, S 01°32'16" E, a distance of 93.67 feet to a calculated point at the southeast corner of said 9.691 acre tract, being the southwest corner of said 88.411 acre tract, same being a point in the north right-of-way line of U.S. Highway No. 79, also being a point in the north line of that called 0.749 acre tract of land described in the deed to the State of Texas in Volume 304, Page 91 of the Deed Records of Williamson County, Texas, and being the southeast corner of the tract described herein, from which a 5/8 -inch iron rod found bears N 01°32'16" W, a distance of 0.63 feet; FN1338.JWG 98304 -23 Page 2 of 3 3) THENCE departing the west line of said 88.411 acre tract, with the northerly line of said 0.749 acre tract, the south line of said 9.691 acre tract and said existing north right-of-way line, S 63°36'53" W, a distance of 196.01 feet to a calculated point for the common south corner of said 9.691 acre tract and said 101.110 acre tract, and being the southwest corner of the tract described herein; 4) THENCE departing said existing north right-of-way line and the northerly line of said 0.749 acre tract, with the west line of said 9.691 acre tract and the easterly line of said 101.110 acre tract, N 26°23'07" W, a distance of 85.00 feet to POINT OF BEGINNING and containing 0.421 acre of land more or Tess. All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93). THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 9th day of August, 1999 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 FN 1338.JWG Robert J. Roy Registered Professional Land Surveyor No. 5159 - State of Texas 98304 -23 ❑O ■ 0 • 6 0 ( ) P.O.C. P.O.R. P.T. P.C. P.C.C. (LEGEND TYPE 11 CONCRETE MONUMENT TYPE 1 CONCRETE MONUMENT 1/2' IRON ROO SET WITH CAP UNLESS NOTED 1/2' IRON RO0 FOUND UNLESS NOTED 60 D NAIL FOUND UNLESS NOTED CALCULATED POINT FENCE POST PROPERTY LINE RECORD INFORMATION POINT OF BEGINNING POINT OF COMMENCING POINT OF REFERENCE POINT OF TANGENCY POINT OF CURVATURE POINT OF COMPOUND CURVATURE ERS MEMORANDUM All or parts of the text on this page way 11V1 clearly legible for satisfactory recordation. SET FOUND P.O.B. PARCEL 2 2' 982'40.53LT 144. N 63' 36'5\3" E 235.37' �8 ! N 01° 32'16' W 0.63' DETAIL "A" NOT TO SCALE P.A. HOLDER SURVEY ABSTRACT NO. 297 CITY OF ROUND ROCK VOL. 1760. PG. 451 CALLED 9.691 ACRE TRACT III. EXHIBIT / 231.75.90 / 144.86' LT/ O S28'3'07E85— STATE OF TEXAS V0E 304:.8 91 D:R:W:C:TX. U.S. HIGHWAY NO 79 N 63' 37'23" E 6424.35 P.OR.PARCEL 2 GRAPHIC SCALE IN FEET l 25 0 50 100 I' 1" - 100' SURVEY BASELINE "G" DATA BEGINNING STA. 215.00.00 X = 3145552.95 Y - 10164995.02 P.C. STA. 27924.35 N 63° 37'23" E 6424.35' CITY OF ROUND ROCK CALLED 39.975 ACRES TRACT ONE EXHIBIT 'B' DOCUMENT NO. 9919729 PROPOSED R.O.w. RRE. INVESTORS REMAINDER PORTION OF CALLED 88.411 ACRES 'TRACT TWO' DOCUMENT NO. 9919729 STATE OF TEXAS EXISTING R.O.W. VOL. 304, PG. 190 D.R.W.C.TX. _..__. SURVEY BASE LINE "G" 230+00 _ 1 7 -27-05-±00 230.00 40.16'RT MISSOURI PACIFIC RAILROAD NOTES: 1. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83(93). 2. VOLUMES AND PAGES SHOWN HEREON REFER TO THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS UNLESS DESIGNATED BY D.R.W.C.TX. (DEED RECORDS OF WILLIAMSON COUNTY, TEXAS). 3. IMPROVEMENTS SHOWN HEREON ARE BASED UPON AN ON THE GROUND SURVEY BY SAM, INC. THERE MAY BE ADDITIONAL UNDERGROUND OR OTHER UTILITIES NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUN AND TIS LAT IS .- UE AND CORRECT TO THE BEST OF ROBERT J. ROY REGISTERED PROFESSION NO. 5159, STATE OF TEXAS LAND SURVEYOR to ''q • DIRECTION AND SUPERVISION •T�; N 1, E'• e • 0 BELIEF. '.sr cole ROBERT J. ROY 5159 Av..........? : 90 0. N,.P; � Qf PAGE 3 OF 3 REF. FIELD NOTE NO. 1338 SAM INC SURVEYING AND MAPPING INC 4029 Capital of Texas Highway, So. Brodie Oaks Professional Plaza, Suite 125 Austin, Texas 78704 (512) 447-0575 Fax: (512) 326-3029 OF WAY SKETCH 'OWING PROPERTY OF CITY OF ROUND ROCK CSJ NO. 0204-01-050 BLUE SHEET FORMAT DATE: September 22, 2006 SUBJECT: City Manager Approval/ Sept. 29, 2006 ITEM: Requesting transfer of Right of Way by City to State for completion of HWY 79 Right of Way Agreements and funding reimbursement. Deuartment: Legal Staff Person: Don Childs Justification: Funding: Cost: n/a Source of funds: n/a Outside Resources: n/a Background Information: Public Comment: n/a Blue Sheet Format Updated 01/20/04 n/a FILED AND RECORDED 2006087973 OFFICIAL PUBLIC RECORDS E.�a►` 10/06/2006 03:43 PM PHERBRICH $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS