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CM-09-08-166QUITCLAIM DEED SH 45 Right of Way THE STATE OF TEXAS ren § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 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 Exhibit "A" 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. 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. C'M-o9-oz-tts4 IN WITNESS WHEREOF, this instrument is executed on this the � day of , 2009. QQQ GRANTOR: CITY OF ROUND ROCK, TEXAS <3" ,� ` By: Date STATE OF TEXAS COUNTY OF il(((^K61/1/1 Jar R. Nuse Ci . ► anager ACKNOWLEDGMENT This instrument was acknowledged before me on the 1bday of ` `4- , 2009, by James R. Nuse, City Manager of the City of Round Rock, Texas, in the capa'ity and for the purposes and consideration recited herein. SARA L WHITE MY COMMISSION EXPIRES July 11, 2012 Notary Public, State of Texas Being all the following parcels of land described in instruments of record in the Official Public Records of Williamson County, Texas. Parcel No. Grantee Williamson County Public Records Information 428 City of Round Rock Doc # 20082008037988 EXHIBIT "A" DATE: August 24, 2009 SUBJECT: City Manager Approval —August 28, 2009 ITEM: Consider executing a Quitclaim Deed to the Texas Transportation Commission regarding transfer of right of way acquired by the City of Round Rock for the SH 45 Project. Department: Legal Staff Person: Don Childs Justification: Funding: Cost: Source of funds: $0.00 Outside Resources: Background Information: Completion of transfer of right of way acquired for TxDOT in connection with the SH 45 Project. Public Comment: UPDATED APRIL 2008 05/12/2009 Request for City CouncillCity Manager Action n City Council int City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Legal Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin Project Mgr/Resource: Project Coordinator: Assigned Attorney: Don Childs City Council or City Manager Approval Date: Agenda Wording Project Name: SH as ROW ContractorNendor: state of Texas Funding Source: RR Trans Dev Corp Revenue Fund Additional funding Source: Amount: Account Number: 28 -Aug -09 $0.00 Consider executing a Quitclaim Deed to the Texas Transportation Commission regarding transfer of right of way acquired by the City of Round Rock for the SH 45 Project Finance Information Is Funding Required? Yes El No Initial Construction Contract Construction Contract Amendment Change Order 111 Change in Quantity 11jUnforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action on lines below) Quitclaim Deed Amount 50.00 Required for Submission of ALL City Council and C' Ma (ler Items Project Mgr. Signature:�, Dept. Director Signature: *City Attomey Signature City Manager Signature: Date: q26(0, Date: Date: CiSalic'OC) REVISED 08/26/2009 rn. siitt Settings \rmcmillin\Local Sraine9s1Temtri lfjt t r 352\8-28-09_ Rose_ Legal_ RFA Quitclaim Deed SH 45 ROW (00169660).XLS *City Attorney signature is required for all items. LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Don Childs Council Action: ORDINANCE Agenda Wording Project Name: SH 45 ROW Project State of Texas - Texas Transportation ContractorNendor: Commission n RESOLUTION City Manager Approval CMA Wording Consider executing a Quitclaim Deed to the Texas Transportation Commission regarding transfer of right of way acquired by the City of Round Rock for the SH 45 Project. Attorney Approval 'Attorney Notes/Comments Date 2/ .241 07 Please return original to Legal for recording. O:\wdox\SCCI nts\012710140\M I S C100169659. XLS Updated 6f3108