CM-09-09-187DATE: September 21, 2009
SUBJECT: City Manager Approval at the September 25, 2009 Staff Meeting
ITEM: Consider executing a Partial Release of Easement of a 1600 square
foot and 1800 square foot Drainage Easement located on a 6.86
acre tract and a 15 acre tract located at 1651 Avery -Nelson
Parkway and 3950 North A.W. Grimes Boulevard
Department:
Staff Person:
Planning and Community Development Department
Jim Stendebach, Director of Planning and Community Development
Lee Heckman, Principal Planner
Justification: A set of four drainage easement areas were dedicated to Williamson
County in conjunction with dedication and improvements of what
was then County Road 112. The City has annexed both the CR112
right-of-way, subsequently renamed to Avery -Nelson Boulevard, and
the abutting private property, now owned by Avery Centre DevCo
and Texas A&M. The majority of the two portions of the easement
to be released are on property that is included in a detention pond
serving A&M even though the property is part of Avery Centre; the
pond is currently under construction. The detention pond property
itself will be dedicated in its entirety as a drainage easement when
the associated plat is recorded.
A small amount of the existing easement also encumbers the A&M
property. Release of these two easement areas, which would be
redundant, allows the Avery Centre and A&M plats to be recorded
without overlapping and unnecessary easements.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Public Comment:
Engineering and Development Services initiated the
proposal and concurs the easement release request.
The Legal Department has reviewed and approved the
request, and prepared the attached release document.
None.
RECORDED
DOCUMENT
FOLLOWS
iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiliiiiiiiiiiiii
PARTIAL RELEASE OF
DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAR
5 PGS
2009070936
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 City of Round Rock, Texas, a Texas home -
rule municipality, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON,
RELEASE and DISCHARGE only the below -described portion of that certain Drainage Easement of
record in Document No. 2005010993of the Official Public Records of Williamson County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing Tract DE -3, a 1600
square foot tract of land situated in the Thomas Toby Survey, Abstract No. 625 in
Williamson County, Texas, being a portion of a remnant portion of Parcel Two, Tract I,
a called 1200.19 acre tract described in Deed to Avery Ranch Company, ltd., of record in
Document No. 2002071336 of the Official Public Records of Williamson County,
Texas, said 1600 square foot tract of land is more particularly described by metes and
bounds as attached; and
See Exhibit "B" attached hereto and made a part hereof, describing Tract DE -4, a 1800
square foot tract of land situated in the Thomas Toby Survey, Abstract No. 625 in
Williamson County, Texas, being a portion of a remnant portion of Parcel Two, Tract I,
a called 1200.19 acre tract described in Deed to Avery Ranch Company ltd., of record in
Document No. 2002971336 of the Official Public Records of Williamson County,
Texas; said 1800 square foot tract of land is more particularly described by metes and
bounds as attached; and
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 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 the 2.0 day of the month of �' Le -Y"
, 2009.
RELEASER:
CITY OF ROUND ROCK, TEXAS
By:
O:\wdox\SCC1nts\0114\0909\REALESTATE\00171646. DOC
Js me R. Nuse, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
, 2009, by James R. Nuse, City Manager for the CITY OF ROUND
1-3.4-Y--'
ROCK, Texas in the capacity and for the purposes and consideration therein expressed.
SARA L. WHITE
MY COMMISSION EXPIRES
July 11,2012
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
2
SiA4t/L- Gd22,#,
Notary Public, State of Texas
TRACT DE -3
DESCRIPTION
FOR A 1600 SQUARE FOOT TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT
NO. 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, TRACT I, A CALLED 1200.19 ACRE TRACT DESCRIBED IN DEED TO AVERY RANCH COMPANY,
LTD., OF RECORD IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 1600 SQUARE FOOT TRACT OF LAND, AS SHOWN ON THE
ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGIN FOR REFERENCE at a TxDOT concrete monument found on a point of curvature in the west right-of-
way line of Farm to Market Road 1460 (80 foot right-of-way width), same being the east boundary line of said
Remnant Portion of Parcel Two, Tract I, said point being 40.00 feet right of farm to Market Road 1460 centerline
P.T. Station 308+88.56;
THENCE with said west right-of-way line of said Farm to Market Road 1460, same being the east boundary line of
said Remnant Portion of Parcel Two, Tract I, with the arc of a curve to the left having a radius of 1105.92 feet, a
delta angle of 04°08'54", an arc length of 80.07 feet and a chord which bears N 10°16'12" E a distance of 80.05 feet
to a 1/2" iron rod with "Baker-Aicklen" cap set on a point in the Proposed southerly right-of-way line of County
Road 112;
THENCE departing the west right-of-way line of said Farm to Market Road 1460, through the interior of said
Remnant Portion of Parcel Two, Tract I, with the Proposed southerly right-of-way line of County Road 112, the
following two (2) courses and distances:
1. N 44'39'00" W for a distance of 63.62 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set for an
angle point in the Proposed southerly right-of-way line of County Road 112 at 60.00 foot right of the
Proposed County Road 112 centerline Station 75+23.82,
2. S 85°03'43" W for a distance of 712.68 feet for the northeast comer and POINT OF BEGINNING
hereof;
THENCE departing the Proposed southerly right-of-way line of County Road 112 and continuing through the
interior of said Remnant Portion of Parcel Two, Tract I, the following three (3) courses and distances:
1. S 4°56'17" E for a distance of 20.00 feet for the southeast comer hereof,
2. S 85°03'43" W for a distance of 80.00 feet for the southwest corner hereof; and
3. N 4°56'17" W for a distance of 20.00 feet to a point in the Proposed southerly right-of-way line of
County Road 112, for the northwest corner hereof, from which a 1/2" iron rod with `Baker-Aiclden"
cap set at 60.00 foot right of the Proposed County Road 112 centerline P.T. Station 60+12.14 bears,
S 85'03'43" W a distance of 718.99'feet;
THENCE continuing through the interior of said Remnant Portion of Parcel Two, Tract I, with the Proposed
southerly right-of-way line of County Road 112, N 85°03'43" E for a distance of 80.00 feet the POINT OF
BEGINNING hereof and containing 1600 square feet of land, more or less.
EXHIBIT
5 ItAn
TRACT DE -4
DESCRIPTION
FOR A 1800 SQUARE FOOT TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT
NO. 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, TRACT I, A CALLED 1200.19 ACRE TRACT DESCRIBED IN DEED TO AVERY RANCH COMPANY,
LTD., OF RECORD IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 1800 SQUARE FOOT TRACT OF LAND, AS SHOWN ON THE
ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGIN FOR REFERENCE at a TxDOT concrete monument found on a point of curvature in the west right-of-
way line of Farm to Market Road 1460 (80 foot right-of-way width), same being the east boundary Linc of said
Remnant Portion of Parcel Two, Tract I, said point being 40.00 feet right of farm to Market Road 1460 centerline
P.T. Station 308+88.56;
THENCE with said west right-of-way line of said Farm to Market Road 1460, same being the east boundary line of
said Remnant Portion of Parcel Two, Tract I, with the arc of a curve to the left having a radius of 1105.92 feet, a
delta angle of 04°08'54", an arc length of 80.07 feet and a chord which bears N 10°16'12" E' a distance of 80.05 feet
to a 1/2" iron rod with "Baker-Aicklen" cap set on a point in the Proposed southerly right-of-way line of County
Road 112;
THENCE departing the west right-of-way line of said Farm to Market Road 1460, through the interior of said
Remnant Portion of Parcel Two, Tract I, with the Proposed southerly right-of-way line of County Road 112, the
following two (2) courses and distances:
1. N 44°39'00" W for a distance of 63.62 feet to a 1/2" iron rod with "Baker-Aicklen" cap set on an angle
point in the Proposed southerly right-of-way line of County Road 112 at 60.00 foot right of the
Proposed County Road 112 centerline Station 75+23.82,
2. S 85°03'43" W for a distance of 1233.50 feet for the northeast corner and POINT OF BEGINNING
hereof;
THENCE departing the Proposed southerly right-of-way line of County Road 112 and continuing through the
interior of said Remnant Portion of Parcel Two, Tract I, the following three (3) courses and distances:
1. S 4°56'17" E for a distance of 20.00 feet for the southeast corner hereof;
2. 5'85°03'43" W for a distance. of 90.00 feet for the southwest comer hereof, and
3. N 4°56'17" W for a distance of' 20.00 feet to a point in the Proposed southerly right-of-way line of
County Road 112, for the northwest corner hereof, from which a 1/2" iron rod with "Baker-Aicklcn"
cap set at 60.00 foot right of the Proposed County Road 112 centerline P.T. Station 60+12.14 bears,
S 85°03'43" W a distance of 188.17 feet;
THENCE continuing through the interior of said Remnant Portion of Parcel Two, Tract I, with the Proposed
southerly right-of-way line of County Road 112, N 85°03'43" E for a distance of 90.00 feet the POINT OF
BEGINNING hereof and containing 1800 square feet of land, more or less.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone
NAD 83.
Surveyed under the direct supervision of the undersigned during August 2004:
Parker J. G
Registered Professional Land Surveyor No. 5556
Baker-Aicklen & Associates, Inc.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0711-2-019-12
Filename: W:IPROJECTSIWILLC0\CR 1 12\PH 1 -ROW DOCSIMETES & BODUNSICR 112 LANG ESMT.DOC
EXHIBIT
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009070936
09/28/2009 02:46 PM
SURRATT $32.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK -
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TX 78664