Loading...
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 nBn 0 h z 8 N I-: Cse 3it) /4 t0 IN ;- 01 + *n o.�+M+ONQ go.r Aga zban • nn (D * F o In co r0 z n0 to co m co a 0 O S U 0 0 w ce0 0 0 5 1 C7 F- 0 Po n 0 N CO O z 0 t4 • N 0 co 0 f+J ac _o z m O N N z M N F N 0 N O O N co 11) 0 w z z 0 M an 0 0 m w 600 (/) 041 1 sn0 0 N z coz W jl / 30 30 a t t � .7Q� .F �N O O h P.T. 60+12.14 60.00' RT. 10. Ag za. P.T. 60+12.14 { 60.00' LT. I ZZ si aN a8 2 (0 Id W z d Id Id 1-21 wao pN z U 04kOW.Z olUD .03000 0 n 00 000 aax FW -0 000 50 obic/) 0E-0303 T 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