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CM-10-11-226ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing a Deed without Warranty to Avery Centre Devco, Inc. transferring 1.650 acres of right-of-way on CR 112. 11-12-10 Department: Administration/DSO Project Manager: Aneil Naik Item Summary: This deed provides John Avery, Sr. with the former right-of-way of County Road 112 (now named College Park Drive and Avery -Nelson Way). Mr. Avery will deed to the City the right-of-way for the new intersection of these roadways once this former right-of-way document is processed. Strategic Plan Relevance: Maintenance/Infrastructure Cost: $0 (Attorney's fees are covered under separate agreement.) Source of Funds: N/A REV. 6/10/10 Date: DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. !'Jovivikr17 ,2010 Grantor: City of Round Rock, Texas Grantor's Mailing Address: 221 E. Main Street Round Rock, Texas 78664 Williamson County Grantee: Avery Centre Devco, Inc. Grantee's Mailing Address: 400 E. Main Street Round Rock, Texas 78664 Williamson County Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): Being a 1.650 acre (71,890 square foot) tract of land out of the Abel Eaves Survey, Abstract No. 215 and the Thomas Toby Survey, Abstract No. 625, Situated in Williamson County, Texas; said 1.650 acre (71,890 square foot) tract of land being a portion of County Road 112, a 120 foot wide right-of-way conveyed to Williamson County, Texas in Document No. 2005010992 and in Document No. 2008076752 and conveyed by Williamson County to the City of Round Rock in document No. 2008026976 of the Official Public Records of Williamson County, Texas; said 1.650 acre (71,890 square foot) tract of land being more particularly described, by metes and bounds, in Exhibit "A", attached hereto and incorporated herein for all purposes. Reservations from Conveyance: None 20673 E/jmr Cm -lc -11-224 Exceptions to Conveyance and Warranty: None Grantor, for the consideration recited and subject to the Reservations from Conveyance and the Exceptions to Conveyance herein, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. Grantor herein makes no warranty as to the title to the property herein conveyed, whether express or implied. Grantor specifically excludes all warranties that might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successor). This conveyance is intended to include any property interests obtained by after-acquired title. When the context requires, singular nouns and pronouns include the plural. GRANTOR: CITY OF ROUND ROCK s R. Nuse, P.E., City Manager ACKNOWLEDGMENT This instrument was acknowledged before me on the1 2 -" day of the month of _ by James R. Nuse, P.E. MEAGAN M, SPINKS °n": Notary Public, State of Texas My Commission Expires .......... September 09, 2014 Prepared in the law office of: After recording return to: Notary Pub , State o Texas Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 2. 1.650 ACRE (71,890 SQUARE FOOT) TRACT COUNTY ROAD 112 PORTION TO BE VACATED DESCRIPTION FN NO 1111R MARCH 24, 2009 JOB NO. 21610.01.30 OF A 1.650 ACRE (71,890 SQUARE FOOT) TRACT OF LAND OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215 AND THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, SITUATED W WILLIAMSON COUNTY, TEXAS; SAID 1.650 ACRE (71,890 SQUARE FOOT) TRACT OF LAND BEING A PORTION OF COUNTY ROAD I12, A 120 FOOT WIDE RIGHT- OF-WAY CONVEYED TO WILLIAMSON COUNTY, TEXAS IN DOCUMENT NO. 2005010992 AND IN DOCUMENT NO. 2008076752 AND CONVEYED BY WILLIAMSON COUNTY TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2008026976 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.650 ACRE (71,890 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: COMMENCING at 1/2 inch rod with plastic surveyors cap found in the east line of County Road 112, a 120 foot wide Right -of -Way conveyed to Williamson County, Texas in Document No. 2005010992 and in Document No. 2008076752 and conveyed by Williamson County to the City of Round Rock in Document No. 2008026976 of the Official Public Records of Williamson County, Texas, same being the southeast comer of a 101.376 acre tract conveyed to Texas State University System as Exhibit "A" in Document No. 2004014440, also being a northeasterly comer of said 377.590 acre tract conveyed to Avery Centre Devco, Inc. in Document No. 2008072220 of the Official Public Records of Williamson County, Texas; THENCE leaving the said southeast corner of a 101.376 acre tract, along the east line of said County Road 112, same being a westerly line of said 377.590 acre tract, S26°46'43"E, a distance of 284.66 feet to a 1/2 inch rod with plastic surveyors cap found for the POINT OF BEGINNING, same being the northeast corner hereof, also being a point of curvature in the east line of said County Road 112; THENCE along said westerly line of said 377.590 acre tract, same being the east line of said County Road 112, an arc distance of 1075.25 feet along a curve to the left, having a radius of 940.00 feet, a delta angle of 65°32'24", a chord distance of 1017.58 feet (chord bears S59°32'24"E), to a calculated point for the northeast corner hereof, from which a 1/2 inch iron rod with plastic surveyors cap found bears along the continuation of said same curve at an arc distance of 43.18 feet, having a radius of 940.00 feet, a delta angle of 02°37'56", a chord distance of 43.18 feet (chord bears N86°30'03"E); THENCE leaving said westerly line of said 377.590 acre tract and the said east line of County Road 112, and crossing said County Road 112, the following two (2) courses and distances: 1) an arc distance of 286.96 feet along a curve to the lett, having a radius of 1564.00 feet, a delta angle of 10°30'45", a chord distance of 286.55 feet (chord bears 876°14'58"W), to a 1/2 inch iron rod with plastic surveyors cap set for a point of tangency, and 2) S70°59'36"W, a distance of 44.18 feet to a calculated point for the southeast corner hereof, same FN 11118 PAGE 2 being in the west line of said County Road 1 12, also being in a easterly line of another portion of said 377.590 acre tract; THENCE along said easterly line of said 377.590 acre tract, same being the west line of said County Road 112, an arc distance of 355.45 feet along a curve to the right, having a radius of 1060.00 feet, a delta angle of 19°12'47", a chord distance of 353.79 feet (chord bears N64°57'08"W), to a calculated point for the southwest corner hereof; THENCE leaving the said easterly line of said 377.590 acre tract and the west line of County Road 112, and crossing said County Road 112, the following two (2) courses and distances: 1) an arc distance of 107.00 feet along a curve to the left, having a radius of 4044.78 feet, a delta angle of O1°30'56", a chord distance of 106.99 feet (chord bears N27°58'44"W), to a 1/2 inch rod with plastic surveyors cap set for a point of reverse curvature, and 2) an arc distance of 400.12 feet along a curve to the right, having a radius of 11657.00 feet, a delta angle of O1°58'00", a chord distance of 400.10 feet (chord bears N27°45'12"W), to the POINT OF BEGINNING, containing 1.650 acres of land (71,890 square feet), more or less, within these metes and bounds. This fieldnote description has been prepared in conjunction with a digital survey map identified as Stanley Consultants, Inc., drawing file "FN1111REVSKETCH.dwg". STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS § THAT I, LAWRENCE M. RUSSO, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. WITNES . HAND AND SEAL AT AUSTIN, TRAVIS COUNTY, TEXAS THIS 24 AY OF MARCH, 2009 RENCE M. RUSSO, ' ATE OF TEXAS NO.5050 STANLEY CONSULTANTS, INC. 6836 AUSTIN CENTER BLVD., SUITE 350 AUSTIN, TEXAS 78731 (FN ItOI-115O\FN-III,R) r,� 4.‘1...,,AW 0 9 5)o ;. t eas%? S! 101.376 AC. EXHIBIT A TEXAS STATE UNIV. � \`' SYSTEM `b� \DOC. No. 2004014440 ' 0• b O fiJ d 0.P.R.W.C. 5 i \\ • J° ,`` ,rte J ;� NQO\ ".0.C)„,••-, FP CURVE C1 C2 C3 C4 C5 C6 (C6) C7 C8 tE OGK'j/ A9PRO5)R .O.B, DELTA 65'32'24" 10'30'45" 19'12'47" 1'30'56" 1'58'00" 6810'32" (6810'06") 3'33'22" 02'37'56" C> 377.590 ACRES AVERY CENTRE DEVCO, INC. DOC. 2008072220 0.P.R.W.C. UNE LI CURVE TABLE ARC 1075.25' 286.96' 355.45' 107.00' 400.12' 1118.50' (1118.38') 97.07' 43.18' RADIUS 940.40' 1564.00' 1060.00' 4044.78' 11657.00' 940.00' (940.00') 1564.00' 940.00' BEARING S59'32'24"E S7614'58"W N64'57'08"W N27'58'44"W N27'45'12"W S60'51'06"E (560'51'15"E) S831 7'01 "W N86'30'03"E UNE TABLE ILENGTH I BEARING 44.18' S70'59'36"W 1.650 ACRES (71, 890 SQ. FT.) PORTION TO BE VACATED DETAIL 'A" N.T.S. CHORD 1017.58' 286.55' 353.79' 106.99' 400.10' 1053.67' (1053.57') 97.06' 43.18' C1 11/0•--- c2 • C8 oe 377.590 ACRES AVERY CENTRE DEVCO, INC. DOC. 2008072220 0.P.R.W.C. LEGEND oh - c2 (120' ROW) SEE DETAIL • 1/2" IRON ROD FOUND O 1/2' IRON ROD WITH CAP FOUND • CALCULATED POINT • 1/2" IRON ROD WITH CAP SET (STANLEY CONSULTANTS, INC.) (UNLESS OTHERWISE NOTED) (XXX) RECORD INFORMATION DOC. NO. 2005010992. DOC. NO. 2008076752, & DOC. NO. 2008026976 0.P.R.W.C. P.R.W.C. P.U.E. P.O.C. P.O.B. OFFICIAL PUBLIC RECORDS WILUAMSON COUNTY PLAT RECORDS WILLIAMSON COUNTY PUBUC UTIUTY EASEMENT POINT OF COMMENCEMENT POINT OF BEGINNING Revised: 03/24/09 ca T 1: jl 0 '3 23.771 AC. EXHIBIT B TEXAS A&M UNIV. DOC. No. 2008042141 0.P.R.W.C. SHEET ! Scale: 1...200' Dote:10/22/06 1 Locution: 75 \21610.01 AVERY... Drown by. LU.R. FYe: FN-1111ReeSketch.dwq OF 1 1 Approved by. P.A.S. Protect No.: 21610.01.30 SKETCH TO ACCOMPANY DESCRIPTION OF A 1.650 ACRE (71,890 SQ. FT.) RIGHT-OF-WAY TRACT TO 8E VACATED WILLIAMSON COUNTY, TEXAS 0 100 200 1 "=200' d z 8 400 {, i4., Stanley Consultants INC. 5636 1051 GntM ad. Sub 360. ken Tata 76771 ($12) 127-30:0 8 0