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CM-12-10-195011-11 °-115 RECEIVED OCT 0 3 2012 City Manager Approval Form Consider executing a Partial Release of Easement for a 10 -foot portion of a 15 -foot wide drainage Item Caption: easement for Lot 5, Block A of Palm Valley Market Center, Section 3. Approval Date: October 5, 2012 Department Name: Planning and Development Services Department Project Manager: Peter Wysocki, AICP, Planning and Development Services Director Assigned Attorney: Steve Sheets Item Summary: The drainage easement requested to be released is a 10 -foot wide portion of a 15 -foot wide easement which was dedicated by plat in 2006. The 15 -foot wide easement is located on the west lot line of Lot 5, Block A, Palm Valley Market Center, Section 3. The property owner has dedicated a 10 -foot wide drainage easement directly east of the subject easement, by a separate instrument, to replace the 10 -feet being released. This effectively shifts the existing 15 -foot easement 10 feet to the east. The Utilities and Environmental Services Department does not object to this partial release and re -dedication of the new 10 -foot easement. No. of Originals Submitted: One Project Name: Cost: Source of Funds: Partial Easement Release - Palm Valley Market Center N/A Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: N/A Finance Director Approval: Cheryl Delaney Date: 10/3/12 Department Director Approval: Clyde von Rosenberg per Peter Wysocki Date: 10-01-12 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP I I [1 Budget N/A OK N/A OK o❑ Purchasing El El N/A OK Accounting ❑ ❑ 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 1111111111111111111111 11111111111111 PARTIAL RELEASE OF EASEMENT (STORMWATER DRAINAGE) THE STATE OF TEXAS COUNTY OF WILLIAMSON 111111111 1111111 PAR 2 PGS ' KNOW ALL BY THESE PRESENTS: 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 DCL 79 Ltd., a Texas limited partnership, the receipt and sufficiency of which is hereby acknowledged, does hereby partially ABANDON, RELEASE and DISCHARGE its easement interest as dedicated in Cabinet CC, Slide 361-363, Plat Records Williamson County, Texas ("Easement"). Such ABANDONMENT, RELEASE and DISCHARGE of the above -referenced Easement shall apply only to the below -described property, to -wit: Being 0.058 of an acre of land, more or less, situated in the Holder Survey No. 9, Abstract No. 297, in Williamson County, Texas, being out of and part of Lot 5, Palm Valley Market Center, Section 3 recorded in Cabinet CC at Slide 362-363 of the Plat Records of Williamson County, Texas, and being that same tract of land conveyed to DCL 79 Ltd. in Document No. 2011072599 of the Real Property Records of Williamson County, Texas, said 0.058 of an acre of land, more or less, being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein This instrument is given specifically to release such original Easement only as to the property specifically described herein, which portion of the Easement Agreement is hereby terminated by abandonment, termination, vacation, and cessation of purpose, and which shall be of no further force and effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instrument to be executed on this the 1(1 day of the month of 0 C.'ffl bC*- , 2012. [signature page follow] 00258162.doc/jmr CA -1Z -lo -141 s 2012085070 CITY OF ROUND ROCK: Steve Norwood, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument�was acknowledged before me on this the 12 "day of the month of CJ , 2012, by Steve Norwood, in the capacity and for the purposes and consideration therein expressed. =f: SARA LEIGH WHITE MY COMMISSION EXPIRES July 11, 2016 e-oimvi *5(J - Notary Public, State of Texas AFTER RECORDING RETURN TO: Sheets & Crossfield Attorneys at Law 309 E. Main Street Round Rock, Texas 78664 2