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CM-09-04-067IIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII REL 8 PGS RELEASE OF EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON 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 McNeil Retail, Ltd., a Texas limited partnership, on behalf of itself and its successors and assigns, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE 0.281 acres described in the Open Channel Drainage Easement dated June 10, 1998, recorded in Document No. 9831903, Official Records of Williamson County, Texas. Such ABANDONMENT, RELEASE and DISCHARGE of the above -referenced Easement shall apply only to the below -described property, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a strip of land containing approximately 0.281 acres of land, more or less, (the "Easement") being a part of that certain 94.39 acre tract of land conveyed to McNeil Laboratories, Inc. by deed recorded in Volume 657, Page 659 of the Official records of Williamson County, Texas. This instrument is given specifically to release the described original easement, and to release such original easement only as to the property specifically described herein, which easement is hereby terminated by abandonment, termination, vacation, and cessation of purpose, and which easement shall be of no further force and effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, T xas has caused this instrument to be executed on this the day of the month of , 2009. For i , Approved . to Form: 1111 _I Steph. L. Sheets, City Attorney 00156309/MUmp 0114.0909 -ChoLI• Utas 1 RELEASOR: CIT 1 F ROUND ROCK, TEXAS By: R. Nuse, City Manager 2009029105 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was of Ay, vt,Q City of Round Rock, Texas, therein expressed. § § § acknowledged before me on this the Z- -'`day of the month , 2009, by James R. Nuse, the City Manager of the in the capacity and for the purposes and consideration AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 2 _FT,Q444ti diAt? Notary Public, State of Texas DOC$ 9831903 OPEN CHANNEL DRAINAGE EASEMENT THE STATE OF TEXAS 0 0 KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON 0 That McNeil Consumer Products Company, a Texas Corporation, a division of McNeil PPC, Inc., a New Jeffery Corporation and its successors and assigns, hereinafter referred to as Grantor, for and in consideration of the sum of Ten Dollars (510.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, Texas, a municipal corporation situated in the County of Williamson, and State of Texas, hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, expressed or implied, is retained, have this day GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the Grantee, a surface easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, and rebuild drainage facilities, to -wit, an open drainage channel in, upon, over, under, and across the following described property, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a strip of land containing approximately 0.281 acres of land, more or less, (the "Easement") being a part of that certain 94.39 ase tract of land conveyed to McNeil Laboratories, Inc, by deed recorded in Volume 657, Page 659 of the Official records of Williamson County, Texas. Grantor shall not construct permanent improvements on the Easement. Further, Grantor shall not excavate or make substantial changes in the grade, elevation or contour of the Easement without obtaining the prior written consent of Grantee. Grantor shall retain full use of the Easement for any purpose not prohibited by the tenni of this document and not inconsistent with the Easement. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual, provided however, that said casement, rights, and privileges shall cease and revert to Grantor in the event the said drainage channel is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor hereby binds itself, its assigns, successors and legal representatives to warrant and Forever Defend the above-described Easement and rights unto Grantee, 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 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 withheld. Grantee shall have the right to review any proposed easement or conflicting use of the Easement granted herein to detenuine the effect, if any, on the drainage channel contemplated herein. Prior to granting its consent for other easements Grantee may require reasonable safeguards to protect the integrity of the drainage channel. Grantor further grants to Grantee: (a) the right to grade the Easement for the full width thereof and to extend the cuts and fills for such grading into and on the Land along the outside the Easement to such extent as Grantee may find reasonably necessary; (b) 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 or routes as shall occasion the least practicable damage and inconvenience to Grantor, the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders the Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, the Grantee shall replace or restore the Grantor's property to as similar condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to the Grantee herein; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; and (c) the right from time to time to trim and cut down and clear away any and all aces 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 drainage channel OFFICIAL RECORDS WILUAMSON COUHI`( TEXAS by reason of blockage thereof, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, 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 removed by Grantee. Grantee shall indemnify Grantor, in accordance with law, 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 its agents or employees in the course of their employment. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above-described Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 10*i day of June, 1998. THE STATE OF TEXAS COUNTY OF WILLIAMSON 0 0 0 McNEIL CONSUMER PRODUCTS COMPANY, A di of McNeil PPC c. ate - By: /� • 1(11;95‘.1 e Title: Mar L-itflr Before me, the undersigned, a Notary Public, on this day personally appeared R.F. Webster, known to me to be the person whose name is subscribed to the foregoing instrwnent and acknowledged to me that the same was the act of the said McNeil Consumer Products Company, a Texas Corporation, a division of McNeil PPC, Inc., a New lersery Corporation, and that he has executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this tO' day of , A.D. 1998. JULIE CUCK moo, .1 Notay NW, Sten o4Tsui tkyCam+wbnLON SEPT. 28,1998 blic, StateQT13exas:tit' Jk)ue. .Uc- (Printed Name of Notary Public) My Commission Expires: al `Z!o 11 8 Greg West R.P.l.S. 0oaVEV4z, I>' eh. (512) 258-6842 12401 Hymeadow Dr. 1-C Ay Fax (512) 331.3864 AusMIn, Texas 78750 Pgr (512) 397-3520 FIELDNOTE DESCRIPTION 15' Drainage & Storm Sewer Easement BEING A 15 FOOT WIDE DRAINAGE AND STORM SEWER EASEMENT OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING UPON THE REMAINDER OF THAT CERTAIN 94.39 ACRE TRACT OF LAND CONVEYED TO MCNEIL LABORATORIES, INC. BY DEED RECORDED IN VOLUME 657, PAGE 659 OF TI -IE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 15 FOOT EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod set for the Southwest corner of Lot 2, Oakmont Centre, Section Two, a subdivision in Williamson County, Texas according to the plat recorded in Cabinet "F", Slide 174 Plat Records of Williamson County, Texas, same being the Northwest corner of Lot 1, Oakmont Centre, Section Five, a subdivision in Williamson County, Texas according to the plat recorded in Cabinet "F', Slide 139 Plat Records of Williamson County, Texas; THENCE through said 94.39 acre McNeil Laboratories, Inc. tract, South 70d 04' 28" West, a distance of 15.00 feet to the POINT OF BEGINNING and Northeast comer of the herein described easement, said point being on the West edge of an existing 15 foot wide P.U.E. and Drainage Easement recorded in Volume 1485, Page 154 Official Records of Williamson County, Texas; THENCE along the West edge of said existing 15 foot wide easement, South 19d 55' 32" East, a distance of 824.38 feet to a point for corner on the North line of Lot 2 of Oakmont Centre, Section Five, said point being situated N 7Id 34' 17" W, 19.13 feet from a 1/2 inch iron rod found for the Southwest corner of said Lot 1, Oakmont Centre, Section Five; THENCE departing the West edge of said existing 15 foot easement and along the North line of said Lot 2 of Oakmont Centre, the following Two (2) courses: North 71d 34' 17" West, a distance of 4.55 feet to a 1/2 inch iron rod found (spinner) for angle point; North 58d 25' 08" West, a distance of 18.36 feet to a point for corner; THENCE North 19d 55' 32" West, a distance of 807.18 feet (15' offset and parallel to the aforesaid existing 15 foot wide easement to the East ) to a point for comer, THENCE North 70d 04' 28" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing a calculated area of 0.281 Acres ( 12,246 square feet ) of land I hereby certify that the foregoing Fieldnotes were prepared from a survey on -the -ground, under my supervision and arc truc and correct to the best of my knowledge and belief. Witness my hand and seal this the 16th day of April 1998, \ \ \ dD 91`stS O4 26991 Existing IS' •ids P.U.E. Drainage / Lot 2 Easement t per Oakmont Centre Vol. 1485. Pg. 154 O.R.W.C.T. \ \tn h. r,SectiS Two a+3 Cob "F", Slide 174 Y.,•\):? re , 1/29R.Ind Scale: 1'-' 100' N 70'04'28" E POINT OF BEGINNING 15.00 ' \\ \ \ \ \ \O \\.\— `z, 1A\` \ -4,\ \ Lot i •` J \' \ N Oakmont Centre tzi r- A s\`• \ 0. Section Five '?, 1:. u: \+� \ t% v Cath'F". Slide 139 •� nr ii 0 v• 3 \ Ne O5 i, )' \ N` ., 9 \•\ \ in ,.) m ~.3 \ \ 6e d' n Tc O\ \ \ o to CP \ . 1 \\ . \\ \ McNeil Laboratories, Inc. Vol. 657, Pg. 659 \ \ \ Remainder tract Lot 2 Oakmont Centre Section Five \ Ir. \\ \ N 71'34'17' W \ \5t � 4.55 \\ / \\ \ \ 58'25'08" W N �_ \/ / N 71'34' 17' w 19.13 ' 18.36 ' 1i N 71'34'17. w This Survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications 4x a Category _ Condition 111 Survey. WEST SURVEYORS, INC. 12401 Hyn eedox Dr. Suite l --C Austin, Texas 78760 Ph. (512) 2511--8e42 Fax. (612) 331-3884 23.68 ' Doc* 9831903 N Pages: 5 Date : 06-11-1998 Time : 12;09344 P.M. Filed 8 Recorded in offWILLIAMSONrCounty, TX. NANCY E. RISTER COUNTY CLERK Rec. $ 17.00 01CITY OF ROt ND ROCK 221 EAST MAIN S FRFFa ' ROUND ROCK. IX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009029105 04/29/2009 11:40 AM CMCNEELY $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS DATE: April 20, 2009 SUBJECT: City Manager Approval pproval at the April 24, 2009 staff meeting ITEM: Consider executing a Release of Easement for 0.281 acres of land located on Lot 2H, Block B, Replat of Lot 2, of East Chandler Retail Cetner. Degartmen • Planning and Community Development Staff Person: Jim Stendebach, Director of Planning and Community Development Ashley Lumpkin, Planner Justification_ The property owner is requesting to release an Open Channel Drainage Easement. The request is further described as a Release of a 0.281 acre strip of land being a part of that certain 94.39 acre tract of land conveyed to McNeil Laboratories, Inc. by deed recorded in Volume 657, Page 659 of the Official records of Williamson County, Texas. Fa: Cost: None Source of Funds: N/A Background Inform on: All the appropriate utility providers have reviewed the proposal and have concurred with the release request. The Legal Department has reviewed and approved the request, and prepared the attached release document.