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CM-08-09-229THE STATE OF TEXAS COUNTY OF WILLIAMSON PARTIAL RELEASE OF DRAINAGE EASEMENT § § § KNOW ALL BY THESE PRESENTS: That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of Travis and Williamson, State of Texas, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by PARKE C. FISHEL, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of a 10' Drainage Easement appearing on that certain final plat recorded in Cabinet F, Slide 144, of the Plat Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, being a calculated map area of 2,701 square feet of land out of and part of Lot 17, Block B, Creek Bend Section 2, a subdivision in Williamson County, Texas as recorded in Cabinet F, Slide 144 of the Williamson County Plat Records, and being part of the Drainage Easement dedicated by said subdivision plat, across the rear or westerly portion of said Lot 17, said tract of land being more particularly described by metes and bounds as attached. This instrument is given specifically to release the described portion of said easement, which portion of said easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which portion of said easement will be of no further effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instrument entitled "Partial Release of Drainage Easement" to be executed on this the211. of t0µ/ , 2008. day of the month of Stepha L. Sheets, City Attorney RELEASOR: CITY OF ROUND ROCK, TEXAS By: 00145006/MUmp 0114.0809 all .471) '0 5-22-D R. ` use, i y Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 1 Z 2008, by James R. Nuse, City Manager for the CITY OFday Cf the Texas of ROUND capacity and for the purposes and consideration therein expressed. ROCK, in the AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notary Public, State of Texas 2 EXHIBIT "A" METES AND BOUNDS DESCRIPTION FOR PARTIAL RELEASE OF DRAINAGE EASEMENT BEING A CALCULATED MAP AREA OF 2,701 SQUARE FEET OF LAND OUT OF AND PART OF LOT 17, BLOCK B, CREEK BEND SECTION 2, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS AS RECORDED IN CABINET F, SLIDE 144 OF THE WILLIAMSON COUNTY PLAT RECORDS, AND BEING PART OF THE DRAINAGE EASEMENT DEDICATED BY SAID SUBDIVISION PLAT, ACROSS THE REAR OR WESTERLY PORTION OF SAID LOT 17, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Beginning for reference at a %" rebar found at the northeast corner of said Lot 17, Block B, also the southeast corner of Lot 18, Block B, on the southwest right-of-way line of Creek Bend Circle; THENCE with the common line between said Lots 17 and 18, Block B, S 57°20'01" W 108.27 feet to a point on the easterly tine of said drainage easement, from which point a 1/2" rebar found bears S 57°20'01" W 5.87 feet; THENCE, crossing through said Lot 17, Block B, and with the easterly Zine of said drainage easement, S 33°59'25" E 15.00 feet to the northeast corner and PLACE OF BEGINNING hereof; THENCE, continuing with the easterly line of said drainage easement, S 33°59'25" E 60.02 feet to a point on the common line between Lots 16 and 17, Block B, for the southeast corner hereof, from which point a %" rebar found bears N 57°20'01" E 1.98 feet; THENCE with the common line between Lots 16 and 17, Block 8, S 57°20'01" W 45.01 feet to a point for the southwest corner hereof; THENCE, crossing through said Lot 17, Block B, N 33°59'25" W 60.02 feet to the northwest corner hereof; THENCE with a line fifteen feet southeast of and parallel with the northerly line of Lot 17, Block B, N 57°20'01" E 45.01 feet to the PLACE OF BEGINNING and containing a calculated map area of 2,701 square feet of land, more or less. See map prepared to accompany this legal description. PREPARED BY: HARRIS -GRANT SURVEYING, INC. From records of a survey done on -the -ground in June, 2000 1700 S. Lamar, Ste. 332 Austin, Texas 78704 (512) 444-1781 rant, RPLS 1 ' 19 July 7, 2008 Jg1mydocslm&b12008142563 MAP SYMBOLS: —C* IR ON— CHAINGHT LINK FENCE FENCE WOOD BOARD FENCE -"E-- Unu C LINE s1YE'TCB TO ACCO 1¢j�TY ,G P•u•E PUBLIC UTILITY EASEMENT 0 BUILDING UNE FOR FARTUL REMAST DZ'S'CRJPTION • 1/2" REBAR FOUND �,, OF D o 'R�ON P PE: FOUND ON LOT 17' r RZWAG,.E► ZASE ,,�,. T �' CONTROL MONUMENT BLOCK B° L"RE,LK BEND SUCTION 2 �` ( } RECORD DATA FROM PLAT CAB. F SL144MESTFROM D.E. MEASURED DATA TO, R.O.W. DRAINAGE EASEMENT + LSl AIR CONDITIONER POWER POLE BFR BEGINNING FOR REFERENCE POB PLACE OF BEGINNING S.F. SQUARE FEET LOT f8 CAI S33592,5"E �8r Ai N577001"E / 2f,a27' T TOAL POOINTNr ANLY 1500' '( (NOT SET) BFR ., 10"7' as• Z � w 2,701 SF N5770'01T g — o——— 4.5 O7 cava o —. (tj AIN P/P£ 333, '1 �o TO BE RELEASED 2 Poe No # W f LOT 61 Uy �F B�7Vv s�c7xaV .2 .0107- PARK o.7'PARK LAND CASET F &W 144 SA Woe � 2.r �; K3 o LOT 1?; a o£ar core w 4t{ .W B COW 10.2' Yp) ,� o f-- 2 STORY STGSNE 1 N oR.vNAc£Ea sEnrr y FL STs A & WOOD HIXIS£ ' calve.) P4N,V PER(PLA t; 270J CREEK am C1R. Dave h Q O O 50' PANT aVL y ^; 4501' �` 7.98• 40.9. (NOT sry) 00 f0yC5a' ,00 26.41 X770'01"!y ! IC TOTAL CAI LOT 16 E, OF ��BY AQ.. S T 8`•ti`rL FRW A 51'/ Wy aV-7/yr� D a DaW�'� 2OWJAMES M GRANT ..............................» 510 JG\GE0\2008\42563 Q••. ave (SEE ALSO C:\JASON\06_00\35873) S U -&4 r 7, RP.L.S Ala 1919 hvmw :'Na 4,Vay NOW aYPJ!JM Ala 4256.1 DATE: September 10, 2008 SUBJECT: City Manager Approval pproval at the September 12, 2008 staff meeting ITEM: Consider executinga located on Lot 17, BlockrtB seele of 2 ofathage Easement e Creek Bend Subdivision, also known as 2703 Creek Bend Circle Department• Planning and Community Development Staff Person: Jim Stendebach, Director of Planning and Com Lee Heckman, Principal Planner munity Development Justification: The property owner is requesting to release the approximately2700 a drainage easement to contain the floodplain that was dedicated abuts Brushy Creek and lies on the north side of the square feet of At the time this subdivision was platted, all lots fr Brushtlny Creek Greenbelt. by plat. This lot encumbered with a drainage easement that ranged ag ro onBrushy 10ek feet in depth, across the entire width of the lots. Given the specific terrain more accurate knowledge of the floodplain, the PProximately 110 n t has been determined to be unnecessary, depth and widthof the the easeme d Fun�Q' Cost: None Source of Funds: N/A Background Information The City Engineer has reviewed the proposal and has concurred release request. The Legal Department has reviewed the attached release document.request and prepared the with the partial Updated 3-10-05