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CM-12-04-077ROUND ROCK, W S Consider executing a Roadway Easement with FEDEX FREIGHT, INC. regarding the Sports Complex Project. Item Caption: -off-- o 9--7- R,ECEIVED APR 252012 City Manager Approval Form Approval Date: April 27, 2012 Department Name: Transportation Department Project Manager: John Dean Assigned Attorney Charlie Crossfield Item Summary: The City of Round Rock Sports Complex is currently under development at 2400 Chisholm Trail Road; as a part of this project, the Transportation Department has been working assiduously on improvements to Chisholm Trail Road and a secondary access point for the Sports Complex site. This easement agreement with Fedex Freight, Inc. complements the acquisition of the Lange property approved by the Council on April 12, 2012 (R -12-04-12-11D1) and will complete a secondary access point to the Sports Complex along the northern boundary of the property. This easement area consists of a 0.079 acre triangular shaped portion of property which is necessary to accommodate a curve in the access driveway to avoid the cellular tower site immediately north of the Fedex site. Access is being secured through an easement rather than fee title acquisition to avoid platting issues that would result if the property were simply acquired. Nevertheless, this easement is perpetual and will allow for unfettered ingress and egress to the Sports Complex site. The total amount of this contract is $6,868; the acquisition of this easement to secure secondary access to the Sports Complex was induded in Amendment *26 to the Transportation Capital Improvement Program budget approved by the Type B Corporation and the Council on March 10, 2011. No. of Originals Submitted: 1 Project Name: Sports Complex Cost $6,868.00 Source of Funds: RR Trans Dev Corp Construction Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 4/24/12 Department Director Approval: Gary Hudder Date: 4/23/12 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP EI Budget El Purchasing E Accounting o El N/A OK N/A OK N/A OK N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 Form Revised January 2008 CHECK REQUEST Date Needed 05/04/12 David Macko FedEx Freight, Inc. 1479 Town Center Drive Suite D214 Lakeland, Florida 33803 Amount (complete address in total) Vendor Number Check Amount $ Date Submitted (Please provide a date.) NEW VENDOR W-9 MUST BE SUBMITTE 6,868.00 04/23/12 Commodity Code # Check Stub Description (not to exceed 30 characters) Acct-Fund-DeptID Amount Easement Reimbursement - Chisholm Trail Phase III/ 6,868.00 Sports Complex $6,868.00 Additional Explanation if needed: SPECIAL INSTRUCTIONS: (ALL checks will be mailed unless otherwise specified) Explain special handling below Hold for pickup - notify Kathy at 671-2888 when ready. Requested By: Departmental Approval: Finance approval: Received by: Staple justification to check request *IMPORTANT!* Paper clip items to be mailed with check g/forms/check request.ds 4/23/2012 • Apr. 20. 2012 3:36PM fedex national l tl No. 9998 P. 1/5 RoADw6Y EASEMENT THE STATE OP TEXAS COUNTY OF WILLIAMSON f. KNOW tLL BY THESE PRESENTS: That FEDEX FREIGHT, INC,, (herein called "Grantor"), whose address is 2200 Forward Drive, Harrison, AR 72602, and its succs on and assigns, for and in consideration of the sum of SIX THOUSAND EIGHT HUNDRED AND SIXTY -BIGHT and No/100 DOLLARS ($6,868.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation (herein called "Oranteo's), whose melting address is 221 Best Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledggad, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement on the property for the construction, operation, maintenance, replacement, upgrade, repair and removal of a public access, in, upon, over, under, on, and AMU that certain tract of land described u follows, together with the right and privilege at any and all times to enter the property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, repairing and removing said public access: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a 0,079 acre tract of land situated in the David Currey Survey, Abstract No. 130, Williamson County, Texas; Grantee shall construct an all-weather access driveway to Grantee's property north and west of the easement. Grantee agrees to install a six foot chain link tbnee on both sides of the easement. In addition to the easement described heroin, Grantor also grants to Grantee a 30 foot temporary construction easement an Grantor's remaining property abutting the easement fbr the purpose of constructing the above-mentioned driveway. Grantee agrees to restore the property of both the easement and the temporary construction easement to the same condition existing prior to use of said easements. Grantee will re -sod the areas within the easement and the temporary canetruuotion 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, its successors and assign: and legal representatives to warrant and forever defiant all and singular, the above-described easement and rights and interest unto Grantee, it successors and assigns, against every person whomsoever lawfully clahning, or to olaim same, or any part thereof, N WITNESS WHEREOF, Grantor has caused dila instrument to be executed this SOO day of. ��. 2012. GRANTOR: 00160299 04/20/2012 7:41PM (GMT+00:00) •Apr.20. 2012 3:36PM fedex national 1 t No. 9998 P. 2/5 Florida, TIIF STATE OF COUNTY OF ACKNOWLEDGEMENT This inskununt was ucknowl before me on this the 201 day of Alzi1 , 2012,'Trinot rjKrD6g , of .c' , z It 1 :t for Grantor, known by me to be the persct► name is subscribed to the `, . mg. „ and acknowledged to me that he executed the same as the act and deed of end on behalf of said entity and to the capacity and for the purposes end consideration therein expressed. After recording please return tot Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texan 78664 Public, " of I rraa. JAMIS JtDINO NOTARY PUBUC STATE OF FLORIDA Commk EE06B194 tae 1/26/2015 2 04/20/2012 7:41PM (GMT+00:00) •1pr.20. 2012 3:36PM fedex national 1tl No. 9998 P. 3/5 EICRIBIT "A" Permanent Access Rammed MRIBS ANDBOU DS DB& WflCN OP A 0079ACBBTRAM OPLAND our OPTIC AMERICAN PRWAYS, INC. TRACT LOCATED CITY OPROUND ROCK,Ilviu AM$o1T000NrY,T CAS BRING a 0.079 acre (3,434 equate feet) tract of laud situated in the David Curry Survey, Abduct No. 130. City of Round Rook, Williamson Carey. Texas; said 0.079 arise tract being a pardon of that certain called 19.180 acre tract of land described in a Quitclaim Deed to American P1elghtways, Inc., filed on Match 25, 2002, and recorded in Docuarnent No, 2002022587, Official Public Records of Williamson County, Texas (O.PR.W.C.T.; said 0.079 acre tact alio being, a portion of Lot 1, Block A, American lkeiglatways Additictl, filed on March 9,1999, and recorded in Cabinet Q, Slides 354455, Ot5olal Recalls of WIlliemecn County, Texas (O.R.W.C.T,), laid 0.079 acre tract being more particularly described by metes and bounds ae follows: BEGINNING at a la Inch iron rod found for the southeast earner of the herein deacrlbed tract, same being the soonthweat comer of that certain called 0.115 acre tact of land described in a Wsnuhty Deed to The sty of Round Rook, a Texas mu deipal corporation, fled an May 23,1980, and recorded in Volume 796. Pep 843, Deed Records of Willianston County, Texas (DR,W.C.T,), mid point ileo making co interior comer along the north line of said 19.180 ears tract and Lot 1, Block A of said American Freightways Addition; North 72° 28' 25" West, trawling acrou the interim' of said 19.180 acne tract and Lot 1, Block A of add Amerk$11 Pathways ways Addition, a distance of 145.08 fit to a talc ulated point EQr the nnocthuest caner of the !mein described tzact said paint being on the north line of said 19.180 acre tract std said Lot 1, Block A, and from which a 12 inch iron found maddrig the common northwest comer of said 19.180 acre tract, manhunt comer of aid Lot 1, Block A and the northetrarast owner of Lot 1, Replat of Calcasieu Lumber Addition, filod on September 19, 1997, and recorded in Cahlnot P, Slides 16.17, OR.W.C.T. beam South 87° 29' 45" West, ata distance of 169.56 feet; Tom, North 87° 29' 45" East, with the notth litre cf Mid 19.180 arwne tract, an being the north liana of Lot 1, Blodc A of said American Preightseys Addition, a distance of 137.30 fret to a 112 inch iron red found kr the morthaut mom r of the hetdn described tract, mime nig he =cheat comer of said City ofItoondRocs0.115 ace rem 'MIA South 02° 24' 04" Nut, with the common wast lime of said City of Round Rock 0.115 aeras tract and an 'odor line of mid 19180 ase tarot, same being an interior line of Lot 1, Black A of said Amid= Pr ightwaye Addlton, a distance of 50.02 hat to the POINT 08'0 i5. of the herein daubed tract, delineating and eeoormpes:ing within the metes recited 0.079 acre (3,434 aquae *cQ of land, more or less, based on the survey and exhibit drawing nude by The Wallace Group, Inc., Round Rock, Texas in March of 2012. Pagelof3 04/20/2012 7:41PM (GMT+00:00) -.Apr. 20. 2012 3:37PM fedex national 1tl No. 9998 P. 4/5 $xelbit 1W' continued Deseriptloer of a 0.079 acre tract Basis of Bearings: Rearing' am based on the Texas State Plano Coordinate Syatau (Cental Zone, NAD83) which is based on Lelca'a Central Texas GPS Cooperative CORS RTK Network An easement achibit drawling of even sway data herewith accompanies this mass and bounds 1. Daniel M. Flaherty, Regletered Professional Lend Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds deacription end ambit drawing A-4489 attached hereto was prepared from an actual survey of the property pd an the ground and that the same is true and correct. R L.S. #5004 The Wallace Group, Inc. One Chiabohn Trail, Suite 130 Round Rock, Teas 78681 Ph. (512) 218-0065 Work Order No. 22587 See attached Plat No, A-4489 22567-PNO1.doc Page 2of3 03-01_4012 Date 04/20/2012 7:41PM (GMT+00:00) "Apr. 20. 2012 3:37PM fedex national 1tl No. 9998 P. 5/5 $1I.IIBfT " DRAWN TO ACCOMPANY METES AND ROUNDS DESCRIPTION or at 0.079 Ate! (8.484 Se. fl) PE WAntir AVM SASENRNT warn IN TND 0177 of ROUND ROCA WZWAMSON L'0U rY !'EW SCAM !"-BO' PORTION OF CALLED 3802 ACRES LEROY L. LNIZ AND YAM VOLUMEE11402, 2. LAME 240 O&W4T. W MOM 23; 1888 10' HIDE rWAlEMJII! maw VOLUME 1000, p ACO RED AUILET 2, 1004 /11 i w w w .. w w� w. r s sfse4d' w — RIBAs' r FOUND 4er so/ '1011N a a06NO1r NUR DIP 0/11E0 US Ada O0' X( �0' £M MENT ANp► acZnis iv ma tao,011,1001121110 .PAW.C.L RIAD: MOM 14 2010 OALIRO 0.31 ACME TSARsaA11120Atatimcio.11YEArriST paeoflaV RUED 111P113111111ALT. 11. 2010 20 VAX DaWIT a man MOM OF ROUND ROCK PAK 313 rim mA r - MAT' N *,,2W 6 loom' PI= NOM pow Or W= 4�*a LOT % BLOCK A 144 G G0 of,9 v. 1110 NAL FOUND MUM a i *ORE 1d Doi VI1UW £AIEMENT 01A8AL MOM A0•11111011$ W LLO Mak sEMLER emus.16. 2010 J._---..--- MAIO 0:118 AOIM 1112 OTY off ROUND ROCK VIM NAY1L 23 1200 AMINIOAN PRH11NAYS ADDITION oA**NI*1' 4 SUDS* 354444 FILEN MARCH SAN Aues ASE IIMON81 No, DOCUMENT M. Mol mARam ss, 2002 1.) ANLL PROMPT/00 110Na 'OUT Y00•0 MOO ME 00N81O1 matium10. a MAY r[ IOq ' EA16121111L NO uli MOON N OND NOT A8$1RA0T 11 IUOJQOT 1RAliT. POs DIMINO M AA00MPN8!D BY A NEM is NOUN= OEOC■P11111. O-EAII1001�1K 8ME0 ON Da 1E'IU3 UAW PLANS 000110111Al2 $1211111ONtS IM� ON MKS mom usAs LEQRND DAsAT. DENNIp R800RDs 112102111011 COUNT% =At Man • COWL RmOR0I =MOON 001MIT7i 18SRs 0AIRW.0.T. • @FI0AL P11MJo ROOM 88l,IAM6011 0010111', 121(A5 PAWfi.?. • PLAT Ods ==UNION 11011111Y, 11111/2 • • 1 ANON ROD POUND 7 The Wallace Groin Inc. Ona QiW cIm 1101, suns 13O Round Roe1y 'lieu. 70881 (12) 2488-0086 Engplaars ■ M�dllteats II Planners a SuNrvsyor. EE r Waco * Killeen * Dallas * Round Rook I HEREBY STATE THAT TO TME BEST OP MY PROFESSIONAL KNONLEDOE AND BELIEr THAT THIS PLAT AND ThE SURVEY UPON M 4OH IT 16 BASED I TS 114ER LII MEWS FOR LAND SUM'S IN THE SYAZE OF TEXAS. THIS NE 1ST DAY OP 201Z SURVEYED: 1D -1911/02 -Os -1X PUTT NO. - • DR TE 1-12 DRAWN BY 1SOALE11.ni-jir WORK ORDER NO. L FIELDBCOK/p0. _mat TAB # - A- eo .....2,2012 ALL MMOHTS WNW D101TAL FILE 22SSi-BOUNDARY.DMIO F/N # _.- 258187-PND1 3 04/20/2012 7:41PM (GMT+00:00)