CM-07-10-223PARTIAL RELEASE AND TERMINATION OF
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
KNOW ALL BY THESE PRESENTS:
That the CITY OF ROUND ROCK, TEXAS a Texas home -rule municipality, for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid to it by GEORGE T. AND CATHY D. CASTLEBERRY, the owners of
record of certain property more fully described herein, the receipt and sufficiency of which is
hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -
described temporary construction portion of an Easement dated October 1, 1985, and recorded as
Document No. 1985039185 and found in Volume 1257, Pages 605-11 of the Official Public
records of Williamson County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing a fifty foot
(50') wide temporary construction easement granted in conjunction with a public
utility easement for the purpose of the construction and maintenance of public
utilities.
And such ABANDONMENT, RELEASE and DISCHARGE of the above -
referenced temporary construction portion of such Easement dated October 1, 1985, and
recorded as Document No. 1985039185 and found in Volume 1257, Pages 605-11 of the
Official Public records of Williamson County, Texas, to -wit:
See Exhibit "B" attached hereto and made a part hereof, describing a 4.977 acre
tract of land situated in the N.B. Anderson Survey, Abstract No. 29, described in
Deed to George T. Castleberry and Cathy D. Castleberry, husband and wife, of
record in Document No. 199983065 of the Official Public Records of Williamson
County, Texas, commonly known as tract 8-C, Round Rock Glen, and
unrecorded subdivision of Round Rock, Texas, or 3501 Sunrise Drive, Round
Rock, Texas 78664.
See "Sketch to Accompany Description" attached hereto and made a part hereof
for all intents and purposes hereunto and in any wise pertaining, showing such
easement.
This instrument is given specifically to release the described portion of said original
temporary construction easement, and to release such described portion of said original
temporary construction easement only as to the portion of the property specifically described
herein, which portion is hereby terminated by abandonment, termination, vacation, and cessation
of purpose, and which portion shall be of no further force and effect, whether legal or equitable.
00121964.doc/PS
0114.0760
CM - o7 -/v- 3
IN WITNESS WHEREOF, the City has caused this instrument to be executed on this the
day of the month ofQcjo f e y , 2007.
Approv . a to form:
Stephan L. Sheets, City Attorney
RELEASOR:
CITY OF ROUND ROCK, TEXAS
B
Acknowledgement
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
R. Nuse, P.E. City Manager
zT �ss instrument was acknowledged before me on this the / day of the month of , 2007, by James R. Nuse, City Manager for the CITY OF ROUND ROCK,
Texas in the capacity and for the purposes and consideration therein expressed.
ADAMS
M': ,.; 4! ih:7N EXPIRES
..l nr 18,2011
.:wr•sk..l,
AFTER RECORDING RETURN TO:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
2 of 2
kc ,tetre/vt-F
Notary Pub State c exas
r
1.10
PUBLIC UTILITY EASEMENT
vol 1257w3605
39185
C. Peres : City of Round Rook
Grantor : Grantee
STATE OJ.TEXAS
COUNTY OF WILLIAMSON
: •
: KNOW ALL MEN BY THESE PRESENTS
That C. Peres, herein called Grantor. (whether one or
more), for a good and valuable consideration paid by the
Clty of Round Rock, Texas, 214 E. Main, Round Rock, Texas, a
municipal corporation, hereid called grantee, -receipt of
which consideration is hereby acknowledged, does hereby
GRANT, SELL AND CONVEY unto Grantee an easement and right-
of-way upon and across the following described property of
Grantor:
All that certain tract, piece or parcel of land, lying
and being situated in the County of Williamson, State
of Texas described in EXHIBIT •A• attached hereto and
made a part hereof for all purposes, to which
reference ia•here made for more particular description
of said property.
The right-of-way, easement, rights, and privileges
herein granted shall be used for the purpose of placing,
constructing, operating, enlarging, repairing, maintaining,
rebuilding, replacing, relocating and removing water lines,
sewer linea, and any and all other public utilities deemed
necessary by Grantee, together with all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances.
TO HAVE AND TO HOLD the above described easement and
right-of-way in and to said premises with the right of
ingress and egress thereto, together with all and singular
' the usual rights thereto in anywise belonging, unto the City
of Round Rock and its succesaore and assigns forever. And
Grantor does hereby bind its executors, administrators and
assigns to WARRANT AND FOREVER DEPEND, all and singular, the
said premises unto the City of Round Rock, its successors
and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that he will not convey any
other easement or conflicting rights within the premises
covered by this grant, without the express written consent
of Grantee, which consent shall not be unreasonably
withheld.
Grantor aball not erect or construct any building or
other structure, or drill or operate any well, or construct
any reservoir, or other obstruction on the strip, or
.diminish or substantially add to the ground cover over the
pipelines.
EXECUTED this / _ day of 47s;' , 1985.
By sle051.:4647—ro
OFFICIAL RECORDS
WtWAMSON COUNTY =cull
v1257 ii.►606
STATE 01r TEXAS
COUNTY Or WILLIAKSOH
'ibis instrument was acknowledged before us on the / day of
C:4 4mi . 1985, 'by ( �:.`7.4w..�
fo
0
M jati 1.
(rrintad Naas)) 407
y Public. Stag of
7- Y -
Hy corrissioe expires
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Pas• 1 of 2
EXHIBIT "A"
VOL 1257/Af.! 607
18221.t8raa121=2Lni(U6=112f -,2LBS21
AULD 10d115 disSeribing a public utility easement for the purpose of the
construction' and meintinano, of public utilitier together with a taaporarr.
constrUction easement fifty fleet (50') in width, said 'memento being -a strip
• of landlying along a portion of ths Western line of that certain traot
conveyed to C. Doris found of record in Volume 1020, Page 755, of the Dem)
• Records of Will -n County, Tembi, raid tract also being known as Tract e -C
of Mound Mod; Olen, an unrecorded subdivision;
MCCEMMEMO at an iron pin found at ths Morthwest corner of said tract for ths
Northwest corner hermit and being in - the. East margin of County Road Mo. 216,
also known as &arias Road, said corner also being ths Southwest corner of
Vista Heights, 5ootion-Pour, a aubdivlsion not yet reoordad but on file with
the City of Sound Mock for recordation;
PSC= 1170,3255"Z, 7.40 feet along the
the Morthaalt corner !area;
TOME 811451.202, 126.30 fest along the West line honor to anoint in the
.• West line of said C. Pere* tract for the soot southerly courses hereof)
north line of said C. ftrea tract to
.21211C1 northerly along IAN fast margin of nunriss Road. being tho west line
hereof of said C. Pores tract, M1e,44,47"M, 22.27 feet to an iron Pin found and
2114•11132V. 503.21 feet to the Point of Spinning of this described alinement
containing 1,e19 square feet of land.
TemporrryCommtruction Easement
SWIM a fifty foot (PO') wide temporary Construction easement fifty feet (50')
oastorly of and adjacent to its following described west lino whith is the host
...lire of said C. Pores tract:
kaansawa at the Northwest corner of the aforesaid ',Tremont easement and said
c. Porss tract;
IMES southerly along the Most line of said easement and C. Pores tract
.05.611 beet to an iron pin found and 51004447•11, 24.52 toot to
the.Southwest corner of said C. Peres tract for the Southweet corner and ending
point bestof and also bang in the centerline of a fifty foot (50') wide
roadway augment known as Indian Meadow Priv*.
• . .
.•[. lei; A . -
.r
411
1.
VOL f257P01608
Pogo. of 2
SKETCH TO ACCOMPANY FIELD NOTES
VISTA HEIGHTS
SECTION 4
gd.
n0311551'
Point of 1941finIng
I
F111
.
1
PERMANENT
EASEMENT
0.046 M.
1989 $
---1
I •
Mr411414rvill
ma (PERMANENT ovir:
14.931TEMR ESV7:1
50'
4•11•1..1111111111111111110
C. Ruiz
TRACT 8-C (5.02ft)
1020/755 8701-84
TEMPORARY
CONSTRUCTION
EASEMENT
.4
A•Dart Haynie & Millman Inc.
M. IMOD 11110.......INNIONII
[3( CONINCTINO MMUS
Illarlliti. TosoalisISON
- ow itims0
• : . !:,- •
EXRIBIT "A"
rammxat ROAD *OldeR LINE MOM? — C. arm
1p4tJbur mos
TIM MU describing a public utility easement for the purpose of the
oonatructioe and maintanands of public utilities together with a temporary
ooastruotian easement fifty feet (50') in width, said easements being a .trip
of land lying along •a portion of the Msatern line of that certain tract
conveyed to C. Pim* farad of record in Velum 1020, Page 75S, of the Deed
Swords Of Williaieeon County, Texas, meld tract also being known as Tract s -c
Of Pound Rock Olen, an unrecorded subdivision,
•
nano= at an iron pin found at the Northwest corner of said tract for the
p • Northwest corner hereof and being in the East margin of County Road No. 115,
also known as Sunrise Road, said Corner also being the Southwest corner of
Vista Heights, Section Your, a subdivision not yet recorded but on file with
the City of Round Book for recordation;
• r
J •
•
• }
• WNW= 1170•32,55M 7.40 feet along the North line of said C. Peres tract to
the !Without corner hereof
=NCI 817.31.20'5. 326.30 fist along the Mast line hereof to a point in the
West line of said C. Pers tract for tha wast southMrly courses Immo()
TUNCt northerly along the Cast margin of sunrise Road. being the West line
hereof of said C. Peres tract, N1S.44.474W. 22.23 feet to an iron pin found and
M1S.11'33"W, 503.54 fest to the Point of Beginning of this described easement
Containing 1,5a! square fest of land.
SVnporary COnatruction Easement
SUM a fiftyfoot (50') wide temporary construction easement fifty feet (5o•)
easterly of and adjacent to its following deacribsd West line which is the Wait
line of said C. Peres tracts
5EOISNII0 at the Northwest corner of the aforesaid permanent ewassent and said
C. Peres trach
• MICE southerly.along the Nest line of said imminent and C. Peres treat
I3J 2l.33"L, 503.11 feet to an iron pin found and 811.44.47"E, 24.32 feet to
the Southwest corner of,ssid C. Peres tract for the Southwest corner and ending
point hereof and also being is the centerline of a fifty foot (50') wide
• roadway easement known as indisn Meadow Drive.
.ti
' ;. y011257p9 61O
Togo 2 of 2
SKETCH TO ACCOMPANY FIELD. NOTES
1 VISTA HEIGHTS
1 SECTION 4
PERMANE
EASEMENT
0.046 Ac.
1969 0
NIMES 'rP4AMAIVENT EVA
'14.1311TMA ESM1)
so'
C. Perez
TRACT 8-C (5.02Ao.)
1020/755 6-01-84
TEMPORARY
CONSTRUCTION
EASEMENT
Dart. Haynie lc Kallman Inc.
•••,••••••• •••••••••••••••••• MID ••••••••••••••
FILED n,FTyna.
OCT 1S ei 800
••••• •
SIM OF IETJa CUM OF MUJANSON
I hereby ea* Mat Otis Instroment Isss
so the slats asd She bine stimpall bes•sn
by nit and ins (My NECOROEO_ is die Yohime
Ind fists Ifte named octaustOS of Mitsison
COUrItY. Texas, as stators* hereon by
OCT 1 7 1985
COUNTY CLENI14"°
WIUMAISON may nixAs
"Vot1257PA661-1.
•
•
AFTER RECORDING RETURN TO
11-0F152 ' 5 JPB
RRURN TO- HERITA(F IMF
AUSTIN, TEXAS 78701
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
199983065 5 P9s
PREPARED BY Bank of America, N A
901 Main Street, 11th Floor
Dallas, TX 75202-3714
SPECIAL WARRANTY DEED
BANK OF AMERICA, N.A., a national bankmg association, (formerly known as
NationsBank, N A. ("Grantor"), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10 00) paid to Grantor and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED and
does hereby GRANT, SELL and CONVEY unto GEORGE T. CASTLEBERRY AND CATHY
D. CASTLEBERRY, husband and wife ("Grantee") in fee simple, that certain land, commonly
known as Tract 8-C, Round Rock Glen, and located in Round Rock, Texas, and described as
follows, together with all improvements, if any, located on such land (such land and
improvements being collectively referred to as the "Property")
See ExhibitAAttached
This conveyance is made and accepted subject to all matters (the "Permitted
Exceptions") set forth in Exhibit B. attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances pertaining thereto, mcluding all of Grantor's right, title and mterest m and to
adjacent streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee
and Grantee's heirs, successors and assigns forever; and Grantor does hereby bmd itself and its
successors to warrant and forever defend the Property unto Grantee and Grantee's heirs,
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof, by, through or under Grantor, but not otherwise.
Except for the limited warranty of title herem contained, GRANTEE ACKNOWLEDGES
THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES
AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
1
EXHIBIT
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, ORAL Olt WRITTEN, PAST, PRESENT OR FUTURE,
OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY
OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER,
SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C)
'1'H.E SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES
WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE
PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR
REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE
HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF
THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY,
(G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY, OR (II) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND
SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH
ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES,
REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE DISPOSAL OR
EXISTENCE, IN OR ON THE PROPERTY, OF ANY PETROLEUM HYDROCARBONS,
RADON GAS OR HAZARDOUS MATERIALS, SUBSTANCES OR WASTES AS DEFINED BY
ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS. EXCEPT FOR THE LIMIT)
WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN, GRANTEE FURTHER
ACKNOWLEDGES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE
OF THE PROPERTY IS MADE ON AN "AS IS" CONDITIONAL AND BASIS WITH ALL
FAULTS.
By acceptance of this Special Warranty Deed, Grantee agrees to and accepts all of the
foregoing matters
Ad valorem taxes for the present year having been prorated, Grantee hereby assumes
payment thereof, and subsequent assessments for that and prior years due to change in land
usage, ownership, or both.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective
as of the - /0 day of December,1999
Address of Grantee.
11417 Pencewood
Austin, TX 78760
BANK OF AMERI , A, N.A.,
a national banlan (1 • -5- . w • hon
1
itf/
By: kr J
Name: Horace F ea it- r, Vice President
2
i
THE STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Pubhc in and for said County and State, on this a day
December, 1999, personally appeared HORACE F. WEAVER, to be known to be the identical
person who subscribed the name of the maker thereof to the foregoing instrument as its Vice
President, and acknowledge to me that he executed the same as his free and voluntary act
and deed and as the fee and voluntary act and deed of such national association, for the uses
and purposes therein set forth
Given under my hand and seal of office the day and yejJast abo .' ten.
My commission expires:
I
3
Notary Pubhc
Exlubit A
Legal Description
Indian Meadows Land - +1- 4 977 Acres
Tract 8-C Round Rock Glen
Round Rock, Williamson, Texas
BEGINNING as a ih mch pipe found at the northeast corner of Tract 8-C, Round Rock Glen, an
unrecorded subdivision m Williamson County, Texas, conveyed to Crisanto and Herlinda Perez by deed
recorded in Volume 1020, Page 755 of Official Records of Williamson County, Texas, same bemg in the
south line of Block F, Vista Heights Section 4-A recorded in Cabinet H, Slide 397 of the Plat Records of
Williamson County, Texas conveyed to Canteberry Development, LTD. by deed recorded in Volume
2460, Page 49 of the Official Records of Williamson County, Texas and the northwest corner of Tract 7-
C of said Round Rock Glen, conveyed to Christopher M and Rosemary Conners by deed recorded in
Volume 2662, Page 268 of the Official Records of Williamson County, Texas, same also being South
70°51'00" West a distance of 413 51 feet from a 'fs inch pipe found at the northeast corner of said Tract
7-C, for the Point of Begmnmg and the northeast corner of the herein described tract of land,
(1)
THENCE, South 19°12'00" East, a distance of 504.05 feet with the common line between Tract
8-C and Tract 7-C of said Round Rock Glen, passmg an iron pin set for reference in the north line
of the 50 feet right-of-way easement, also known as Indian Meadows, dedicated to the public by
deed recorded in Volume 698, Page 09 of the Official Records of Williamson county, Texas, m
all a distance of 529 05 feet to a point in the centerline of said public right-of-way easement, for
the southeast corner of said Tract 8-C and the southeast corner of the herein described tract of
land
(2) THENCE, South 70°52'00" West, a distance of 419 00 feet with the center line of said public
right-of-way easement, same bemg the south line of said Tract 8-C and the north line of Tract 2-C
and 1-C of said Round Rock Glen, to a pomt in the east line of Sunrise Road (County Road 115),
for the southwest corner of the herem described tract of land,
(3)
THENCE, North 18°00'00" West a distance of 2 75 feet, with the east line of said Sunrise Road
to a point for a corner,
(4) THENCE, North 17°12'05" West, a distance of 22 25 feet with the east brie of Sunrise Road,
passing a PK nail set for reference m the north line of said 50 feet right-of-way easement, in all a
distance of 526 48 feet to an iron pm set in the north line of said Tract 8-C, same being in the
south line of Lot 1, Block A, Vista Heights Section 4-C, recorded in Cabmet H, Slide 400 of the
Plat Records of Williamson County, Texas, conveyed to Canteberry Development LTD by deed
recorded in Volume 2460, Page 49 of the Official Records of Williamson County, Texas, for the
northwest corner of the herein described tract of land,
(5)
THENCE, North 70°51'00" East, a distance of 400 58 feet with the north line of said Tract 8-C
and the south line of said Lot 1, Vista Heights Section 4-C, to the Point of Beginning and
containing an area of 4.977 acres of land, more or less.
Tax Identifier 16-5125-0000-0008C
4
EXHIBIT B
PERMIT!'ED EXCEPTIONS
1. Rights of Parties in possession.
2. Governmental rights of pohce power or eminent domain unless notice of the exercise of
such nghts appears in the public records as of the date hereof; and the consequences of
any law, ordinance or governmental regulation including, but not limited to, subdivision,
building and zoning ordinances
3. Defects, hens, encumbrances, adverse clams or other matters 1) not known to the
Grantor and not shown by the public records but known to the Grantee as of the date
hereof and not disclosed in writmg by the Grantee to the Grantor prior to the date
hereof; 2) resulting in no loss or damage to the Grantee, or 3) attaching or created
subsequent to the date hereo£
4. Visible and apparent easements and all underground easements, the existence of which
may arise by unrecorded grant or by use.
5 Any and all unrecorded leases, if any, and rights of parties therein.
6 Taxes and assessments for the year of closing and subsequent years.
7. All vand and enforceable covenants, liens, encumbrances, defects, easements and other
matters as shown on the public record.
8 All matters and defects that would be disclosed by a personal inspection of the Property
or by a current, accurate, physical survey of the Property
TILIETTECRED
OFFICIAL PUBLIC RECORDS
12-13-1999 03:35 Ph 199983065
STRICKLAND $17.00
NANCY E. RI :COI.IHTY CLERK
WILLIAMSON , TEXAS
5
DATE: October 10, 2007
SUBJECT: City Manager Approval at the October 12, 2007 staff meeting
ITEM: Approval of a Partial Release and Termination of Temporary
Construction Easement for a 4.977 -acre tract located in the N.B.
Anderson Survey, Abstract No. 29, also known as 3501 Sunrise
Road.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Director of Planning and Community Development
Lee Heckman, Principal Planner
Justification:
The property owner is requesting the release of a 50 -foot wide temporary
construction easement along Sunrise Road. In 1985, both a permanent easement
for a water line and a 50 -foot wide temporary construction easement were
dedicated to the CORR. However, there was no provision in the easement
dedication document for the temporary easement to be automatically released or
terminated upon completion of construction. A recent survey of the property
uncovered the still existing easement. When recorded, the attached document will
terminate the temporary easement.
Funding:
Cost: None
Source of Funds: N/A
Background Information:
Our Public Works Department has reviewed the easement and has approved of this
release. The Legal Department has reviewed and approved the release document.
C'M- °7- /0 _ a�3
Updated 3-10-05