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CM-10-04-092RELEASE OF PORTION OF 10' UTILITY EASEMENT 'THE STATE OF TEXAS § COUNTY OF WILLIAMSON 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 DERR HOLDINGS LLC, a Texas limited liability company, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of that certain 10' Utility Easement of record in Volume 547, Page 34 of the Real Property Records of Williamson County, Texas, and also being of record in Document No. 19727212DR of the Official Public Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing 2008 square feet of land out of Lot 1, Block B, Mays Crossing Subdivision, a subdivision of record in Cabinet V, Slides 75-77 of the Plat Records of Williamson County, Texas, the said Lot 1 being conveyed to DERR HOLDINGS LLC by Deed crated June 15, 2009 and recorded in Document Number 2009054374 of the Official Public Records of Williamson County, Texas, the herein described 2008 square feet of land also being a portion of that certain ten (10) foot wide Sanitary Sewer and Water Line Easement conveyed to the City of Round Rock recorded in Volume 547, Page 34 of the Deed Records of Williamson County, Texas, the said 2008 square feet of land being 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 "Release of Portion of 10' Utility Easement" to be executed on this the 2Seii. day of the month of ri( ,2010. RELEASER: CITY OF ROUND ROCK, TEXAS By: 188805/MUmp Cwt -1o -o4 -O9Z R. Nuse, Cit ' Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the (.7> day of the month of 2010, by James R. Nuse, City Manager for the CITY OF R Texas in the capacity and for the purposes and consideration therein expressed. ROUND ROCK, AFTER RECORDING RETURN TO: City of Round Rock Attn: Sara White 221 East Main Street Round Rock, TX 78664 2 tiaAtt Notary Public, State of Texas FIELD NOTES TO ACCOMPANY MAP OF SURVEY 2008 SQUARE FEET OF LAND PORTION OF LOT 1, BLOCK B MAYS CROSSING SUBDIVISION WILLIAMSON COUNTY, TEXAS FIELD NOTE DESCRIPTION OF 2008 SQUARE FEET OF LAND OUT OF LOT 1, BLOCK 8, MAYS CROSSING SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET V, SLIDES 75-77 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, THE SAID LOT 1 BEING. CONVEYED TO DERR HOLDINGS LLC BY DEED DATED JUNE 15, 2009 AND RECORDED IN DOCUMENT NUMBER 2009054374 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED 2008 SQUARE FEET OF LAND ALSO BEING A PORTION OF THAT CERTAIN TEN (10) FOOT WIDE SANITARY SEWER AND WATER LINE EASEMENT CONVEYED TO THE CITY OF ROUND ROCK RECORDED IN VOLUME 547, PAGE 34 OF THE DEED RECORDS OF WILLIAMSON COUNTY, SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBEDS BYMEE TESD 2008 AND BOUNDS AS FOLLOWS:AND BEGINNING, ata point at the intersection of the northwest line of the said ten foot wide easement with the northeast right-of-way line of Interstate Highway 35 for the westerly most corner of the herein described tract, from which a % inch diameter steel pin set with cap stamped Lenz & Assoc. at the northwest corner of the said Lot 1 bears N 40°07'06" W, 161,61 feet; THENCE, traversing the interior of the sald Lot 1, the following three (3) courses and distances; 1) N 31°33'35" E, 199.16 feet along the northwest line of the said ten foot wide easement to a point, from which the northwest corner of the said Lot 1 bears N 31°33'35" E, 20.00 feet to a point on the north line of the said Lot 1 and then S 73°54'06" W, 227.78 feet; 2) S 58°26'25" E, 10.00 feet .to a point on the southeast line of the said ten foot wide easement; 3)" S 31°33'35" W, 202.47 feet along the southeast line of the said ten foot wide easement to a point at the intersection with the northeast right-of-way line of Interstate Highway 35, from which a % inch diameter steel pin set with cap stamped Lenz & Assoc at the southerly most corner of the said Lot 1 bears S 40°07'06" E, 136.62 feet; THENCE, N 40°07'06" W, a distance of 10.53 feet along the northeast right-of-way line of • Interstate Highway 35 to the PLACE OF BEGINNING, containing 2008 square feet of land, more of less, THIS DESCRIPTION WAS PREPARED FROM INFORMATION OBTAINED FROM ON THE GROUND SURVEYS PERFORMED DURING THE YEAR 2001. TIMOTHY A. LENZ 3. 3 REGISTERED PROFESSIONAL LAND SURVEY R No. 4393 Lenz & Associates, Inc. 4303 Russell Drive Austin, Texas 78704 (MaysCrassWWEaseRelease,DOC) 2c ,/\•/ ••• N•• MAP TO ACCOMPANY `. FIELD NOTES / • • • • I • • • • • \ /S kI TH SIDE ACR / CABINET A, SLIDE 323\ / 0 PLAT RECORDS grL/AMSON COU�j .° Y � ,01 'L9 0� • ' 1*, / • \ t / • • • \.4,;14,12.7 38• .• .••••• • S 1.7471,4 ,A P.O.S�� L-5-- 0 GRAPHIC SCALE 0 25 60 100 11100111.111.111111 ( IN FRET ) 1 inch = 50 ft. LINE TABLE LINE BEARING L-1 L-2 L-3 L-4 L-5 DISTANCE' 199.16 10.00 202.47 20.00 10.53 PREPARED SY: LENZ & ASSOCIATES, INC. 4303 RUSSELL DRIVE AUS77N, TEXAS 78704 (512) 443-1174 • • • • P P/ At" 4,11 Abs o,7 Lor- / 1 /l �� DERR HOLDl1GS LC �� J� DOC. 20090543 4 / / /•. / / /•. • MAYS CROSSING SUBDIVISION \ \\ CABINET' SLIDES/75-77 • • • • , • , TEXAS l BLOCK / <54. \ /\ •• \ \ \ /'�\ `\ \.• \•\ • \ \ •• \ \ \ 'B' LOT 2 LECENa • 1/2'STEEL PIN FOUND O (UNLESS NOTE()) W/CAP MARKED 'LENZ & ASSOC.' P.U.E. PUBLIC UTILITY EASEMENT O.E. DRAINAGE EASEMENT PAGE 1 OF 1 S:tt.and Projects 31Mays Crossing Subdivision ReptatldwglLot 1 Block B -Metes and Bounds Map.dwg, 3l3r2010 4:30:29 PM, ttenz • • ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: Manager Approval Summary Sheet Consider executing a Release of a Portion of 10' Utility Easement located in the Mays Crossing Subdivision on Lot 1, Block B. April 23, 2010 Department: Project Manager: Planning and Community Development Department Jim Stendebach, Planning and Community Development Director Ashley Lumpkin, AICP, Planner Item Summary: City staff is proposing to partially release 2,008 feet of an existing utility easement located on Lot 1, Block B, Mays Gat Crossing Subdivision. The purpose of the request is to release the portion of the easement to abandoned portion of the existing wastewater line. This will allow the area to be utilized for ed above the expansion. The portion being released has been determined unnecessary and Engineering n future budding Services has no objections to the partial release of easement. g g and Development Strategic Plan Relevance: Cost: N/A Source of Funds: N/A 10.19.09 Request for City Council/City Manager Action 1171 City Councils City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Planning and Community Development Contact Person: Veronica Chandler / Vickie Moreno Project Mgr/Resource: Ashley Lumpkin Project Coordinator: Jim Stendebach Assigned Attorney: Charlie Crossfield City Council or City Manager Approval Date: Agenda Wording For Ardgiiiis&CatidnEU ONLY 7c Received: APR 2 Tag#: (Tit— I0'64"D2. Original Documents Received: 2_ MAYS CROSSING - PARTIAL RELEASE OF 10' Project Name: UTILITY EASEMENT Contractor/Vendor: N/A Funding Source: Additional funding Source: Amount: $0.00 City Manager - April 23, 2010 Account Number: N/A Consider executing a Release of Portion of 10' Utility Easement located in the Mays Crossing Subdivisionon Lot 1, Block B. Finance Information Is Funding Required? Yes Initial Construction Contract Q Construction Contract Amendment Change Order EJChange in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement ED Purchasing/Service Agreement Purchase Order Item(s) to be purchased No Other (Please clearly identify action below) Amount Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Dept. Director Signature: *City Attorney Signature: City Manager Signature: Date: 4\2 t' IV ._�E'--1,.✓ ate: -1 / - / o Date: 14 —2 ?j- IC Date: 4- 23-/D *City Attomey signature is required for all items. REVISED 4/19/2010 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: PLANNING Project Mgr/Resource: ASHLEY LUMPKIN OCouncil Action: 1 1 ORDINANCE Agenda Wording MAYS CROSSING - PARTIAL RELEASE OF 10' Project Name: UTILITY EASEMENT ContractorNendor: NA RESOLUTION City Manager Approval CMA Wording Consider executing a Release of Portion of 10' Utility Easement located in the Mays Crossing Subdivision on Lot 1, Block B. Attorney Approval MAttorney Notes/Comments Date O:lwdox\SCCInts10114110091M ISC100189296 Updated 6/3/08 RECORDED DOCUMENT FOLLOWS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RELEASE OF PORTION OF 10' UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 2010027038 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 DERR HOLDINGS LLC, a Texas limited liability company, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of that certain 10' Utility Easement of record in Volume 547, Page 34 of the Real Property Records of Williamson County, Texas, and also being of record in Document No. 19727212DR of the Official Public Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing 2008 square feet of land out of Lot 1, Block B, Mays Crossing Subdivision, a subdivision of record in Cabinet V, Slides 75-77 of the Plat Records of Williamson County, Texas, the said Lot 1 being conveyed to DERR HOLDINGS LLC by Deed dated June 15, 2009 and recorded in Document Number 2009054374 of the Official Public Records of Williamson County, Texas, the herein described 2008 square feet of land also being a portion of that certain ten (10) foot wide Sanitary Sewer and Water Line Easement conveyed to the City of Round Rock recorded in Volume 547, Page 34 of the Deed Records of Williamson County, Texas, the said 2008 square feet of land being 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 cau ed this instrument entitled "Release of Portion of 10' Utility Easement" to be executed on this the _ 23(day of the month of Apr; ` ,2010. RELEASER: CITY OF ROUND ROCK, TEXAS By: 188805/MUmp R. Nuse, City Manager THE STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENT § § § This instrument was acknowledged before me on this the day of the month of 1 , 2010, by Janes R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in tyre capacity and for the purposes and consideration therein expressed. 40..pi,„ ,1_ '__ SARA L WHITE ' ' = MY COMMISSION EXPIRES :roc JUiy 11, 2012 AFTER RECORDING RETURN TO: City of Round Rock Attn: Sara White 221 East Main Street Round Rock, TX 78664 2 &f444, - (A-Cfvft- Notary Public, State of Texas FIELD NOTES TO ACCOMPANY MAP OF SURVEY 2008 SQUARE FEET OF LAND PORTION OF LOT 1, BLOCK B MAYS CROSSING SUBDIVISION WILLIAMSON COUNTY, TEXAS FIELD NOTE DESCRIPTION OF 2008 SQUARE FEET OF LAND OUT OF LOT 1, BLOCK B, MAYS CROSSING SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET V, SLIDES 75-77 OF THE PLAT RECORDS . OF WILLIAMSON COUNTY, TEXAS, THE SAID LOT 1 BEING_ CONVEYED TO DERR HOLDINGS LLC BY DEED DATED JUNE 15, 2009 AND RECORDED IN DOCUMENT NUMBER 2009054374 OF THE OFFICIAL. PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED 2008 SQUARE FEET OF LAND ALSO BEING A PORTION OF THAT CERTAIN TEN (10) FOOT WIDE SANITARY SEWER AND WATER LINE EASEMENT CONVEYED TO THE CITY OF ROUND ROCK RECORDED IN VOLUME 547, PAGE 34 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. THE SAID 2008 SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, ata point at the intersection of the northwest line •of the said ten foot wide easement with the northeast right-of-way line of Interstate Highway 35 for the westerly most corner of the herein described tract, from which a % inch diameter steel pin set with cap stamped Lenz & Assoc. at the northwest corner of the said Lot 1 bears N 40°07'06" W, 161.61 feet; THENCE, traversing the interior of the said Lot 1, the following three (3) courses and distances; 1) N 31°33'35" E, 199.16 feet along the northwest line of the said ten foot wide easement to a point, from which the northwest corner of the said Lot 1 bears N 31°33'35* E, 20.00 feet to a point on the north line of the said Lot 1 and then S 73°54'06" W, 227.78 feet; 2) S 58°26'25" E, 10.00 feet .to a point on the southeast line of the said ten foot wide easement; • 3) ' 5 31°33'35"-W, 202.47 feet along the southeast line of the said ten foot wide easement to a point at the intersection with the northeast right-of-way line of Interstate Highway 35, from which a % inch diameter steel pin set with cap stamped Lenz & Assoc at the southerly most corner of the said Lot 1 bears S 40°07'06" E, 136.62 feet; THENCE, N 40°07'06" W, a distance of 10.53 feet along the northeast right-of-way line of Interstate Highway 35 to the PLACE OF BEGINNING, containing 2008 square feet of land, more of less, • THIS DESCRIPTION WAS PREPARED FROM INFORMATION OBTAINED FROM ON THE GROUND SURVEYS PERFORMED DURING THE YEAR 2001. TIMOTHY A. LENZ 313/2 REGISTERED PROFESSIONAL LAND SURVEY R No. 4393 Lenz & Associates, Inc. 4303 Russell Drive Austin, Texas 78704 (Mays C rassWWEaseRef ease, D OCA EXHIBIT A" MAP TO ACCOMPANY / `• FIELD NOTES • eo, \\ • 0 • / S'�t()TH SIDE ACR, ' \, / CABINET A,, SLIDE 323. ` g PLAT RECORDS q ' W LIAMSON COU Y, TEXAS • \ ,/ `p� ,4 ,' \ \ • 1•1 \ •'' / r r s �, .rte ' / / vP ...,.....4..- / ^2 / • .',//.i, /I I off" I,�• S �" /� / I ♦ er• ( 11 \ k` ) /I I '� �� •s. 0 LOT'? / DERR HOLDI CS C . \.... �0 � Doi 2009 543 CSI • \1 / \ / / •'\. I I T P.O. L-5-0" I GRAPHIC SCALE 0 ss a0 100 ( IN FEET ) 1 inch = 50 ft. v‘A UNE TABLE LINE . BEARING DISTANCE_ L-1 NJ1'33'J5"E 199.16 L-2 S5626'25"E 10.00 L-3 S.1g, 'J5"W 202.47 L-4 NJ133'J5"£ 20.00 L-5 N40197'Q61Y 10.53 PREPARED $Y: LENZ do ASSOC/A TES, INC. 4303 RUSSELL DRIVE AUSTIN, TEXAS 78704 (512) 443-1174 • MAYS CR SING SUBDIVISION \ CABINET VI SLIDES/75- 77 ▪ \ \ 1 / / • \•,s /\ 1 I / , \ i5 \ \ 1 BLOCK B, \ \\ j / / Lore \ \ /\ \ \ /� \ `\ \ \ \ \ \ •. \ \ \ \ • • \ . . LEGEND • t 2"STEEL PIN FOUND (UNLESS NOTED) Q 1/2"STEEL PIN SET W/CAP MARKED 'LENZ & ASSOC. P.U.E. PUBLIC UflUTY EASEMENT Q.E. DRAINAGE EASEMENT PAGE 1 OF . 1 S:1and Projects 31Mays Crossing Subdivision Repllatldwg1Lot 1 Block B -Metes and Bounds Map.dwg, 3/3/2010 4:30:29 PM, ttenz FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2010027038 04/28/2010 10:21 AM SURRATT $28.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK - ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TX 78664