CM-11-06-114ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing a Special Warranty Deed to Capital City Warehousing, LP regarding Old
Bowman Road.
June 3, 2011
Department: TRANSPORTATION DEPARTMENT
Project Manager: John Dean
Item Summary:
Mr. Bert Pence of Capital City Warehousing, Inc. recently contacted the City regarding the release of a portion of
undeveloped right-of-way for Old Bowman Road which partially protrudes into a lot he owns (see attached
schematic). Staff researched the Old Bowman Road right-of-way, and found that the subject right-of-way is not part
of any existing road, nor is it planned to become a road in the future — it appears to be a left over remnant of Old
Bowman Road before it was realigned to its current intersection with the IH 35 frontage road.
Staff then spoke with Mr. Pence and advised him that the City would release the right-of-way to him, provided that
he compensated the City for legal expenses related to processing this request. Mr. Pence agreed to this
arrangement. Subsequently, the Legal Department prepared the documents; the legal fees associated with this
request were set at $500 by the Legal Department. As a part of this agreement the City has retained a variable
width wastewater easement across this tract.
Release of this right-of-way will provide Mr. Pence a more developable lot, it will remove an unneeded piece of
property from the City's ownership, and it will return this property to the tax rolls where it may be utilized.
Mr. Pence has been advised that upon receipt of a check in the amount of $500 payable to the City of Round Rock,
the signed deed will be delivered to him.
Strategic Plan Relevance:
19.0 Foster Business Growth
Cost:
Source of Funds:
N/A
N/A
REV. 6/10/10
RECORDED
DOCUMENTS
FOLLOW
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
111111111111111111111111111111111111111111111111111111111111 :E::s
SPECIAL WARRANTY DEED
§
2011037138
KNOW ALL BY THESE PRESENTS:
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.
The CITY OF ROUND ROCK, a Texas home -rule municipality, hereinafter referred to as
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by CAPITAL CITY WAREHOUSING, LP, hereinafter
referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged, and for which no
lien (either express or implied) is retained, has this day sold and by these presents does hereby grant,
bargain, sell and convey unto said Grantee all that certain tract or parcel of land lying and being situated
in the County of Williamson, State of Texas, being more particularly described as follows:
851 square feet or 0.0195 acres out of the Wiley Harris Survey, Abstract No. 29 in
Williamson County, Texas, being a portion of Old Bowman Road, said tract being more
particularly described by metes and bounds in Exhibit "A" attached hereto and made a
part hereof.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Easements of record; all presently recorded restrictions, reservations, covenants,
conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens
and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on
a common boundary; and any encroachments or overlapping of improvements.
(2) Grantor does hereby RESERVE a perpetual easement interest in, on, over, upon, above
and across the below -described property:
124 square feet out of the Wiley Harris Survey, Abstract No. 29 in Williamson County,
Texas, being a portion of Old Bowman Road, and said tract being more particularly
described by metes and bounds in Exhibit "B" attached hereto and made a part hereof.
The perpetual easement, right-of-way, rights and privileges herein reserved shall be used for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance,
alteration, repair, rebuilding, removal and patrol of any or all public utilities and drainage, including but
not limited to gas lines, electric lines, wastewater lines, water lines, sewer lines, storm water drainage
lines, telecommunications, drainage, and any and all other public utilities deemed necessary by Grantor.
The perpetual easement, right-of-way, rights and privileges herein reserved shall also encompass
the right of Grantor to trim, cut, fell and remove therefrom all trees, underbrush, vegetation, and
obstructions, structures or obstacles within the limits of the easement property.
TO HAVE AND TO HOLD the premises herein described and herein conveyed, together with
all and singular the rights and appurtenances thereto in anywise belonging, unto the Grantee and
00223442.DOC
C'lM- l 1-a0 —Ili%'
his/her/its assigns forever; and Grantor does hereby bind itself and its administrators, successors and
assigns to warrant and forever defend, all and singular, the said premises herein conveyed unto Grantee
and its heirs, administrators, successors and assigns against every person whomsoever lawfully claiming
or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
IN WITNESS WHEREOF, this instrument is executed on this the Sir day of the month of
-May,
iy, Zol 1.
THE CI77 OF I UND ROCK, TEXAS, Grantor
By:
Steve ► onvoo ' , City Manager
Date Signed:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the rd ,
JUNE
das of the month ofd 2011,
by Steve Norwood, City Manager of the CITY OF ROUND ROCK, TEXAS, in the capacity and for the
consideration and purposes recited herein.
, ��PV4i
. .,,. MEAGAN M. SPINKS
i . B. Notary PublIc, State of Texas
My Commission Expires
so September 09, 2014
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
GRANTOR'S ADDRESS:
City of Round Rock
Round Rock City Hall
221 East Main Street
Round Rock, Texas 78664
1
2
tASP
Notary Ptic, State ! as
GRANTEE'S ADDRESS:
Capital City Warehousing, LP
c/o Mr. Bert Pence
Pence Properties
708 Rio Grande
Austin, Texas 78701
AFTER RECORDING RETURN TO:
Capital City Warehousing, LP
c/o Mr. Bert Pence
Pence Properties
708 Rio Grande
Austin, Texas 78701
3
CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
6448 HIGHWAY 290 EAST
SUITE B-105
AUSTIN, TX 78723
512--244-3395 - PHONE
512-244-9508 - PAX
FIELD NOTES
FIELD NOTES FOR 851 SQUARE FEET OR 0.0195 ACRES OUT OF THE WILEY
HARRIS SURVEY, ABSTRACT NO, 29 IN WILLTAMSON COUNTY, TEXAS
BEING A PORTION ON OLD BOWMAN ROAD. SAID TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Ye" iron pin found on the East line of said Lot I also being on the West line of a 1,909 acro
tract conveyed to Fordtex Lrvoshnents in Vol. 2287 Pg. 701 Official Records of Williamson County, Texas also being
on the North R. 0. W. of Old Bowman Road for the North corner adds tract
THENCE S 39° 29' 03" E crossing Old Bowman Road 27.59 feet to W iron pin found being the North
common comer ofsaid Lot 1 and Lot 2 of Interstate Park,
THENCE S 66° 53' 16" W with the common line of Old Bowman n Road and Lot 1, 64.27 feet to a' 4" Iron pin
found for the Southwest corner of this tract.
'THENCE N 41° 46' 49" Lr with the common line of Old Bowman Road and Lot 1, 62.39 feet to the POINT OF
BEGINNING and containing 851 square feet or 0.0195 acres nioro or less.
I hereby certify that the foregoing field notes weroprepared from a survoy on the ground, under my supervision
and aro tate and correct to the best of my knowledge and holier.
Witness my hand and seal April 28, 2011
Herman Crichton, R.P.L.S. 4046
10 425
EXHIBIT
Page 1 of 2
GRAPHIC SCALE
100
( INFERT')
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FORDTEX INVESTMENTS
PO BOX 1377
TAYLOR TEXAS 76574
1.909 AC
VOL 2287 P0. 701
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2.566 AC
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10900 RR 2222
AUSTIN TEXAS, 78730
0.957 AC
DOC. 2002040558
SKETCH TO ACCOMPANY FIELD NOTES FOR 851 SQUARE FEET OR
0.0195 ACRES OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO.
29 IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF 01.13
BOWMAN ROAD
CRICHTON
AND ASSOCIATES INC.
• LAND SURVEYORS •
8440 HIGHWAY 290 11. ID -105
AUSTIN TEXAS 78723
PAXO(5J2)'244 30Go8
LEGEND
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DATA APRIL 27, 2011
RECORDERS MEMORANDUM
A11 or part of the text on this page was not
clearly legible for satisfactory recordation
CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
6448 HIGHWAX 290 EAST
SUITE E-105
AUSTIN, TX 78723
512-244-3395 — PHONE
512-244-9508 — FAX
FIELD NOTES
FIELD NOTES FOR 124 SQUARE FEET OUT OF THE WILEY HARRIS SURVEY,
ABSTRACT NO. 29 IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
OLD BOWMAN ROAD. SAID TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %" iron pin found on the East line of said Lot 1, Interstate Park, a subdivision recorded in
Cab. X Slide 361 of the Williamson County, Texas also being on the West line of a 1.909 acre tract conveyed to Fordtex
Investments in Vol. 2287 Pg. 701 Official Records of Williamson County, Texas, also being on the North R. O. W. of
Old Bowman Road for the North corner of this tract
THENCE through the interior of said Old Bowman Road the following two (2) courses:
1) S 39°29' 03" E, 24.12 feet for the East corner of this tract.
2) N 63° 58' 54" W, 24.77 feet to a point on the North R.O.W. of Bowman Road and the North line of
Lot 1 for the West comer of this tract.
THENCE N 41° 46' 49" E with the North R.O.W. of Old Bowman Road and the North line of Lot 1, 10.39
feet to the POINT OF BEGINNNING and containing 124 square feet more or less.
1 hereby certify that the foregoing field notes %vete prepared from a survey on the ground, under my supervision
and are true and correct to the best of my knowledge and belief.
Witness my hand and seal May 12, 2011
Herman Crichton, R.P.L.S. 4046
10 425
4
GRAPHIC SCALE
1I►lll 10 50 100 2001
1 ICAR XASL 361K \\
LOT 1 \�
k
N41'46'49"E10.39
•_
( IN FEET)
1 inch = 100 f .
rORDTEX INVESTMENTS
PO BOX 1377
TAYLOR TEXAS 76574
1.909 AC
VOL. 2287 PG. 701
\\ P.O.B.
1
OLD BOWMAN ROA IA
TO BE VACATED
q� ` N63'S8'S4"W 2E1-'—
24.77 i
.--
---
PO
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//
S39'29'03"E
24.12
S
i
DMJ CD TRUST
10900 RR 2222
AUSTIN TEXAS, 78730
0.957 AC
DOC. 2002040558
DMJ CD TRUST
10900 RR 2222
AUSTIN TEXAS, 78730
2.566 AC
DOC. 2002040558
SKETCH TO ACCOMPANY FIELD NOTES FOR 124 SQUARE FEET OUT
OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 29 IN WILLIAMSON
COUNTY, TEXAS BEING A PORTION OF OLD BOWMAN ROAD
CRICHTON
AND ASSOCIATES INC.
• LAND SURVEYORS •
8440 HIGHWAY 290 2. #R-105
AUSTIN TEXAS 78723
95
FAX (512)244-9508
LEGEND
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EXHIBIT
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10_425
DATE APRIL 27. 2011
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS HM1037
138
C-Rdt,
06/08/2011 11:26 AM
KFOSTER $40.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
\1 r 221 EAST MAIN STREET
ROUND ROCK, TX 78664