CM-11-06-112ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
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 2009084404, Deed Records of Williamson
Item Caption: County.
Approval Date: 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 companion request for the release of a utility 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 infrastructure and site improvements, new water and wastewater lines were installed;
easements containing these infrastructure improvements were dedicated to the City earlier this month. Specifically,
a 20 -ft wide easement was dedicated to replace this existing 15 -ft wastewater line easement.
As part of completing the project, Development Services staff required that the applicant request that two existing
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
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RELEASE OF EASEMENT
B11‘541109
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § and in
That the City of Round Rock,
Texas, a Texas home -rule municipoalotty,d for nand n
ROUND ROCK INDEPENDENT SCHOOL DISTRICT,
hereby
its
le
consideration of the sum of Tenand No/100 Dollars ($10.00) and other
considerationsssors pass tol it by the
successors and assigns, the receipt and sufficiency of which is hereby acknowledged,
LEASE and DISCHARGE that .65 acre 2009084404,Wastewater Officials Records dated
November
RELEASE
recorded in Document Number
f
November 16,
Williamson County, Texas.
ibed
This instrument is given specifically
t aandonmenrelease the tete rm ► at ol�ilvacational easement
and
and wwhich easement is hereby terminated y
cessation of purpose, and which easement shall be of no further force and effect, whether
legal or equitable.
IN WITNESS WHE EOF, the City of Round Rock, Texas has c
used this instrument to
be executed on this the=" day of the month of
RELEASOR:
CITY OF ROUND ROCK, TEXAS
eA-u -O(p-1 ( 2
O:\wdoX\SCCInts\01 l4\11091REA[.ESTATE\00220802.DOGi u P
•
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
da of the month of
This instrument was acknowledged before me on this the Y
, 2011, by Steve Norwood, the City Manager of the City of
Round Rock, Texas, in the capacity and for the purposes and consideration therein expressed.
.�`s'�u'"", MEAGAN M. SPINKS
.:* s�.
?.°' '�': Notary Public, State of Texas
My Commission Expires '�••'<;:',$ 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 Publi
2
tate of Te
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 201103
7136
06/08/2011 11:26 AM
KFOSTER $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
WASTEWATER LINE EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
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 the sum of TEN and NO/I00 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 wastewater system and
lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other
equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under,
above and across the following described property of Grantor, to -wit:
See Exhibit "A" being a 0.65 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 0.65 acre of land being more particularly described by
metes and boudns as attached; and
See "Sketch Exhibit 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 all conditions and restrictions, if any, relating to
the Herein above 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 Williamson 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 wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years.
Grantor covenants that it will not convey any other casement 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 wastewater lines contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect the
integrity of the wastewater lines. 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
0600ft $CC1M, OI4IWSIIREALitTATl1441Tp 19,DOC
1
2009084404
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 (10) 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 casement over and across Grantor's property
by means of roads and lanes thereon, if such exist, otherwise by such route(s) as shall
occasion the least practicable damage or inconvenience to Grantor; provided that such
ingress and egress right shall not extend to any portion of Grantor's property isolated
from the easement by any publio highway or road now or hereafter crossing the property;
the foregoing right of ingress and egress includes the right of 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 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 is reasonably practicable as existed
immediately prior to Grantee's actions pursuant to this provision, unless said barricade or
other structure is inconsistent with 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;
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 in the easement to such extent as Grantee may find
reasonably necessary;
the right from tune to time to trine 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, Grantee will provide written
notice to Grantor prior to removal of any trees outside of the easement, and provided 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;
the right to install, maintain and use gates in all fences which now cross or shall hereafter
cross the easement; and
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 any
damage it 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 tights of ingress and egress or by any wrongful 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 non -interfering improvements listed in this paragraph, 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.
(0)
It is understood and agreed that any and all equipment and facilities placed upon said property by
Grantee shall remain the property of Grantee;
Grantor hereby dedicates the easement as a public utility wastewater line easement.
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,
M""�� IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this l4 day of
uLtAiLia , , 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 /G day of the month of
n�,( , 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
ye.n
Notary Public, Sta fTexas
091109 -10
FIELD NOTE DESCRIPTION
0.85 ACRE OF LAND
J.M. HARRELL SURVEY, A-284
WILLIAMSON COUNTY, TEXAS
FIELD NOTE DESCRIPTION OF 0,85 ACRE OF LAND OUT OF THE J.M. HARRELL SURVEY,
ABSTRACT NO. 2114, 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 208 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, A PORTION OF THAT CERTAIN 4.482 ACRE TRACT
DESCRIBED IN A DEED TO ROUND ROCK INDEPENDENT SCHOOL DISTRICT RECORDED
IN VOLUME 629, PAGE 204 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 629, PAGE 267
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXA8. THE SAID 0.85 ACRE OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING el a concrete monument found at the Intersection of the present south right-of-
way Nne of Round Rook Avenue (R.M. 820) with the west Zine of the said 0.432 sore tract, being at
the northeast corner of Lot 1, Deepwood Center Section 1, a subdMlslon of record In Cabinet J,
Ude 123 of the Piet Records of Williamson County, Texas, Brom which a 14 Inch diameter steel
pin found et the southeast Domer of Lot 4, Deepwood Center Section Two, a subdivision of record
In Cabinet 1, s11de 247 of the Piet Records of Williamson County, Texas bears 3 10'55'18' E.
439.39 feet;
THENCE, along the present south right-of-way line of Round Rock Avenue (R.M. 020), the
following three (3) courses and distances:
1) N 79'12'10' E, 89.88 feet to e 14 inch diameter steal pin found;
2) N 62'44'23' E, 42.08 feet to a concrete monument found;
9) Wlth a curve to the left, having a central angle of 0'10'68', a radius of 3879.72 feet, en
aro of 12.33 feet and a chord bearing and distance of S 76.32'11' E,12.33 feet to a point
for the PLACE OF BEGINNING of the herein desodbed Tract;
THENCE, continuing w191 the said curve to the left along the present south right-of-way Ilse of
Round Rook Avenue (R.M. 620), having a central eagle of 0.19'67", a radius of 3879.72 feel, an
aro of 22.52 feet and a chord bearing and distance 018 78'47'37' E, 22.62 feet to a point;
THENCE, traversing the Interior of the sold 0,432 acre, 4,482 acre and 43 acre tracts, the
following nine (9) oouraee and distances:
1) 3 01'28'60' W. 120.07 feet to a point;
2) 8 10'69'43' E, 857.02 feet to a point;
3) S 18'55'67' W, 22.88 fest to a point
4) 8 11'13'33' E, 878.59 feet to s point;
6) S 78"4817'W. 15.00 feet lo a point, from which a''A Inch diameter steel pin found t# the
southeast corner of Lot 1, Deepwood Aquatic Center, e subdivision *record in Cabinet M.
Sade 166 of the Plat Records of WNllamson County, Texas bears N 42'05'10' W, 29.88 feet,
and from the said southeast corner of Lot 1, a 'h Inch diameter steel pin found at the
northeast comer of Lot 1 bears N 10'62'08' W, 339.16 feat;
8) N 11.1313' W, 882.84 feel to a point;
7) N 18'5567' 5, 22.71 feet to a point;
Page f of 2
EXHIBIT
Ile
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091109 -ff
0.65 Aare
Round Rock Hirth School
Fag* 2012
8) N 10'6913" W, 054.00 feet to a point;
9) N 0r25 60' E, 123.89 feet to the PLACE OF BEGINNING, containing 0.65 sore of land,
more of less.
BEARINGS ARE NAD 83 BASED ON PUBLISHED VALUES FOR CITY OF ROUND ROCK
CONTROL MONUMENT 01-003 I N-10168131.5151, E-3126847.6848) AND AZIMUTH MARK
Of -003+4
TIMOTHY A. LEN , R.P.L.S. NO. 4393
Lenz d Assoctstes, Inc.
4303 Russell Drive
Mein, Texas 78704
(512) 443-1174
2008A027(V1w61)aloe
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009084404
11/10/2009 02:12 PM
MARIA $44.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
� (�j) SHEETS &CROSSFIELD
\1 309 EAST MAIN ST
ROUND ROCK, TX 78664