CM-11-06-111ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing a "Release of Easement" located on Lot 1, Block A, Round Rock High
School #1, as dedicated in Document Number 2009084397, Deed Records of Williamson
County.
June 3, 2011
Department: Planning and Development Services Department
Project Manager: Peter Wysocki, AICP, Planning and Development Services Director
Lee Heckman, AICP, Principal Planner
Item Summary:
This is a request for the release of a waterline easement that is no longer necessary. Over the past several years,
the Round Rock High School (on Round Rock Avenue) has been undergoing major and multi -phased site renovations.
As part of these site improvements, new water and wastewater lines were installed; easements containing these
infrastructure improvements were dedicated to the City earlier this month. Specifically, a 15 -ft wide waterline
easement was dedicated to replace this existing 15 -ft easement.
As part of completing the project, or "project closeout," Development Services staff required that the applicant
request that two easements be released. These two easements, initially dedicated as part of the redevelopment of
the site in 2009, are now unnecessary because of the new, differently -located infrastructure and easements. A copy
of the existing easement has been attached for reference.
Staff concurs with the request the easement be released.
Strategic Plan
Relevance:
Cost:
Source of Funds:
N/A
N/A
REV. 6/10/10
IIIIIIIIIIIIOIII
RELEASE OF EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
IIIVIIIIIIIVIIIVIII
IIIIIIIIIIIIIIII :EL -,,Gs
That the City of Round Rock, Texas, a Texas home -rule municipality, for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid to it by the ROUND ROCK INDEPENDENT SCHOOL DISTRICT, its
successors and assigns, the receipt and sufficiency of which is hereby acknowledged, does hereby
ABANDON, RELEASE and DISCHARGE that 0.51 acre Waterline Easement dated November
17, 2009, recorded in Document Number 2009084397, Official Records of Williamson County,
Texas.
This instrument is given specifically to release the described original easement, and
which easement is hereby terminated by abandonment, termination, vacation, and cessation of
purpose, and which easement shall be of no further force and effect, whether legal or equitable.
IN WITNESS WHE)2EOF, the City of Roun Rock, Texas has caused this instrument to
be executed on this the ArcLday of the month of L111/4,1E , 2011.
RELEASOR:
CITY OF ROUND ROCK, TEXAS
d,o c t/
Leve No►�vC• Manager
O:\wdox\SCCIn(s\0114\ 1109\REALESTATE100220808.DOC/JR/mp
1011037135
1
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 3� day of the month of
Jti.t f , 2011, by Steve Norwood, the City Manager of the City of
Round Rock, Texas, in the capacity and for the purposes and consideration therein expressed.
o`'�►�!►o�� , MEAGAN M. SPINKS
°'`c Notary Public, State of Texas
My Commission Expires
'Faf.Es September 09, 2014
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664
'
Notary 'ubl..tate of Te
2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2011037135
E
06/08/2011 11:26 AM
KFOSTER $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
noulimiaiiiiiiiiiii :smizs
WATERLINE EASEMENT
§
§ KNOW ALL BY THESE PRESENTS:
§
That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, whose current address is 1311
Round Rock Avenue, Round Rock, Texas 78681, and its successors and assigns, (hereinafter referred to as
"Grantor"), for and in consideration of tho sum of TEN and NO/100 DOLLARS ($10.00) and other good
and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation
(hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas
78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and
CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain,
inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water distribution system and
waterlines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other
equipment, improvements and appurtenances thereto, in, upon, over, under, above and across the
following described property of Grantor, to -wit:
See Exhibit "A" describing a 0.51 acre of land out of the J.M. Harrell Survey Abstract No.
284, Williamson County, Texas, being a portion of that certain 43 acre tract described in a
Deed to Round Rock Independent School District recorded in Volume 529, Page 268 of the
Deed Records of Williamson County, Texas, a portion of that certain 4.482 acre tract
described in Deed to Round Rock Independent School District recorded in Volume 529,
Page 264 of the Deed Records of Williamson County, Texas, and a portion of that certain
0.432 acre tract described in a Deed to Round Rock Independent School District recorded
in Volume 529, Page 267 of the Deed Records of Williamson County, Texas, the said 0.51
acre of land being more particularly described by metes and bounds as attached.
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 conveyance is made and accepted subject to any and all conditions and restrictions, if any,
relating to the hereinabove described property to the extent, and only to the extent, that the same may still
be in force and effect and shown of record in the office of the County Clerk of Williarnson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual;
provided, however, that said easement, rights and privileges shall cease and revert to Grantor In the event
the said waterline is abandoned, or shall cease to be used, for a period of five (5) consecutive years.
Grantee hereby expressly acknowledges its understanding that this easement crosses and/or
encompasses, in whole or in part, existing electric and gas lines, and that said existing electric and gas lines
shall henceforth be considered as an agreed encroachment within this easement, as such existing electric
and gas lines currently exist and no farther. Grantee's acknowledgment of such existing electric and gas
lines as an agreed encroachment shall not extend to any addition, alteration, expansion, or other utility.
Grantor covenants that it will not convey any other easement or conflicting rights within the area
covered by this grant without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of
the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its
consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the
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084397
waterline. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor
in the following manner: advance written notice must be given by certified mail to the (1) City of Round
Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock
shall have ten (JO) days in which to respond in writing granting consent, conditioning consent upon
reasonable safeguards, or denying consent.
Grantor further grants to Grantee:
(a)
the right of ingress to and egress from the easement over and across Grantor's property by
means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantor; provided that such
right of ingress and egress shall not extend to any portion of Grantor's property which is
isolated from the easement by any public highway or road now crossing or hereafter
crossing the property; the foregoing right of ingress and egress includes the right of the
Grantee to disassemble, remove, take down, and clear away any barricade or other
structure which obstructs, prevents,. or hinders Grantee's ingress to and egress from the
Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such barricade or other structure, Grantee shall, as soon as is
reasonably feasible, replace or restore Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to Grantee's actions pursuant to this
provision, unless said barricade or other structure is inconsistent with the rights conveyed
to Grantee herein;
(b) the right of construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress;
the right to mark the location of the easement by suitable markers, provided that such
markers shall be placed in locations which will not interfere with any reasonable use
Grantor shall make of the easement;
(d) the right to grade the easement for the full width thereof and to extend the cuts and fills for
such grading into and on the land along and outside the easement to such extent as Grantee
niay find reasonably necessary;
the right from time to time to trim and to cut down and clear away any and all trees and
brush now or hereafter on the easement and to trim and to cut down and clear away any
trees on either side of the easement which now or hereafter in the opinion of Grantee may
be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling
thereon or root infiltration therein, or which may otherwise interfere with the exercise of
Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby
authorized to cut and remove, if valuable for timber or firewood, shall continue to be the
property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed
by Grantee;
(0)
(e)
(t) the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement; and
(g) the right to support the pipelines across ravines and watercourses with such structures as
Grantee shall deem necessary.
2
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair arty
damage k shall do to Grantor's private roads or lanes on the lands;
Grantee shall indemnify Grantor against any loss and damage which shall be caused by the
exercise of the rights of ingress and egress or by any wrongfirl or negligent act or omission
of Grantee's agents or employees in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and
all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right
to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens,
lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any
building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building,
barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction
on the easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not
be responsible or liable for the removal, repair or damage to any property, structure, building, or other use
inconsistent with the rights conveyed to Grantee by the easement; provided, however, before constructing
any improvements, at least ten (10) days' written notice shall be provided to Grantee of the general plans of
the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval
from Grantee of the construction and location of any improvements within the easement.
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee.
(0)
herein.
Grantor hereby dedicates the easement as a public utility waterline easement for the purposes stated
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and
assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal
representatives, to warrant and forever defend, all and singular, the above-described easement and rights
and interests unto Grantee, its successors and assigns, against every person whomsoever Lawfully claiming,
or to claim same, or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 17 day of
/a,,c 1..44 u - , 2009.
GRANTOR:
ROUND ROCK INDEPENDENT SCHOOL
DISTRICT
Alan Albers, Executive Director
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the / 7 day of the month of
/4.444"..4.4A.....(2009, 2009, by Alan Albers, Executive Director, of Round Rock Independent School
District, known by me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the
capacity and for the purposes and consideration therein expressed.
After recording please return to:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
4
Notary Public, Sta
exas
091109-2 Z -
FIELD NOTE DESCRIPTION
0.51 ACRE OF LAND
J.M. HARRELL SURVEY, A•284
WILLIAMOON COUNTY, TEXAS
FiELD NOTE DESCRIPTION OF 0.51 ACRE OF LAND OUT OF THE J.M. HARRELL SURVEY,
At38TRACT NO. 284, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN
43 ACRE TRACT PESCRIDED iN A DEED TO ROUND ROCK INDEPENDENT SCHOOL.
DISTRICT RECORDED iN VOLUME 528, PAGE 208 OF THE DEED RECORDS OF
WILUAMSON COUNTY, TEXAS, A PORTION OF THAT CERTAIN 4.482 ACRE TRACT
DESCRIBED iN A DEED TO ROUND ROCK INDEPENDENT SCHOOL DISTRICT RECORDED
iN VOLUME 529, PAGE 264 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND A PORTION OF THAT CERTAM1 0.432 ACRE TRACT DESCRIBED IN A DEED TO
ROUND ROCK INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 529, PAGE 287
OF THE DEED RECORDS OF WiLLIAMSON COUNTY, TEXAS. THE SAID 0.51 ACRE OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 14 Inch diameter steel pin found on the east right-of-way line of Deepwood
Drive at the northwest corner of Lot 1, Deepwood Aquatic Center, s subdivision of record In
Cabinet M, Slide 168 of the Plat Records of Williamson County, Texas, the eame being the
southwest comer of that certain 19.310 acre tract described in a deed to Round Rock
Independent School District recorded In Document Number 2007004733 of the Oftfole! Publlo
Records of WSlemson County, Texas, from which a Inch diameter steel pin found at the
northeast corner of the sold Lot 4. the same being the southeast corner of the veld 19.310 acre
tract beers N 79'08'22' E, 782.87 feet;
THENCE, 8 11'00'24' E. a distance of 3.42 feet along the east right-of-way line of Deepwood
Drive end west Tine of the Bald Lot i to a point;
THENCE, traversing the interior of the said Lot 1 and 43 acro tract, the following two (2) courses
and dislsrices:
1) N 70'08118' E, passing the common One between the said Lot 1 and 43 Bore Tract at
782.88 feet and continuing a total distance of 807,30 feet to a point;
2) N 10'45'29' W, 49.88 feet to a point for the PLACE OF BEGINNING of the herein
described tract;
THENCE, traversing the Interior of the said 43 acre, 4.482 acre and 0.432 we tracts, the
following Twenty-two (22) courses end distances:
1) 8 78'39'40' W, 22.17 feet to a point;
2) N 10552'20' W. 1365.13 feet to a point. from which a concrete monument found et the
intersection of the west One of the said 0.432 acre tract with the present south rIghtofrway
line of Round Rock Avenue (R.M, 820), st the northeast Domer of Lot 1, Oeepwood
Center, Section 1, a subdivision of record In Cabinet J, Slide 123 bears 8 79'12'10' W,
4.01 feet and N 1058'67' W, 1600 feet;
3) N 79'12'10• E, 18.00 feet to a point;
4) 810'52'20' E, 808,91 feet to a point;
6) N 79'17'32' E, 21.38 feet to a point;
0) S 10'42'50' E, 15.00 feet to a point;
7) 8 791712' w, 21.34 feet to • point;
8) 810'62'20'8, 154,65 feet to a point;
9) N 79'12'28' E, 30.71 feet to a point .
10) 810'47'32" E, 16.00 feet to point;
11) 8 79'12'28' W. 95.9$ feet to a point
12) S 10'62'20' E, 92.82 feet to a point
Page 1 of 2
V�1.tU'~ti
0.51 Acre
Round Rook Nigh l oel
Page 2of2
13) N 78'60'51' E, 38.88 feet to a paint
14) 811'00'09' E, 16.00feet to a point;
16) 3 78'59'51' W, 36.92 feet to a point',
15) 810.52'20' E, 174.91 feet to a point
17) N 78.5718' 8, 2097 feet to a point
18) 811.02'04' E, 15.00 feet to a point;
19) S 78'67'66' W, 21.01 feet to a paint
20) 810'62'20' 8, 280.89 feet to a point;
21) N 78'39'40' E, 7.20 feet to a point;
22) 810'46'29' 8, 15.00 feet to the PLACE OF BEGINNING, containing 0.61 acre of lend,
more or less.
BEARINGS ARE WAD 83 BASED ON PUBLISHED VALUES FOR CITY OF ROUND ROCK.
CONTROL MONUMENT 01-003 (N-10158131.5151, E -312684T.6846) AND AZIMUTH MARK
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VOL 529, PC. 288 — IMAM' f
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009084397
11/18/2009 02:12 PM
MARIA $44.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
SHEETS & CROSSFIELD
309 EAST MAIN STREET
ROUND ROCK, TX 78664