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CM-2014-385ROUND ROCK TEAS MK&MOCK twnairc City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing Release of Possession and Use Agreement with 35/45 La Frontera, LP for construction of SH45 roadway project. Type: City Manager Item Governing Body: City Manager Approval_ Agenda Date: 4/11/2014 Dept Director: Steve Sheets Cost: $0.00 Indexes: Attachments: Department: Legal Department Text of Legislative File CM -2014-385 Consider executing Release of Possession and Use Agreement with 35/45 La Frontera, LP for construction of SH45 roadway project. In 2001 the City entered into a Possession and Use Agreement with 35/45 La Frontera, LP to allow the construction of SH 45 and La Frontera Blvd./FM 1325 realignment. Title to all of the necessary right of way was subsequently acquired, and the project completed. The PUA document did not have a termination clause, and the current owner of the affected property is now asking for a recorded release of the document so that they can clear the title for a sale. Staff recommends approval. City of Round Rock Page 1 Printed on 4/3/2014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Don Childs Council Action: ORDINANCE Agenda Wording Project Name: SH 45 Contractor/Vendor: 35/45 La Frontera, L.P. n RESOLUTION City Manager Approval CMA Wording Consider executing Release of Possession and Use Agreement with 35/45 La Frontera, LP for construction of SH45 roadway project. Attorney Approval Attorney Notes/Comments Date4/3/y In 2001 the City entered into a Possession and Use Agreement with 35/45 La Frontera, LP to allow the construction of SH 45 and La Frontera Blvd./FM 1325 realignment. Title to all of the necessary right of way was subsequently acquired, and the project completed. The PUA document did not have a termination clause, and the current owner of the affected property is now asking for a recorded release of the document so that they can clear the title for a sale. O:\wdox\SCCInts\0127\1400\MISC\00296130.XLS Updated 6/3/08 ELECTRONICALLY RECORDED 2014029630 Williamson County Texas RELEASE OF POSSESSION AND USE AGREEMENT Effective Date: April 1172014 Agreement Date: August 13, 2001 Grantor: 35/45 La Frontera, L.P., a Texas limited partnership City: CITY OF ROUND ROCK, TEXAS Agreement being released: That certain Possession and Use Agreement for Transportation Purposes dated August 13, 2001, recorded in Document No. 2001060770 of the Official Public Records of Williamson County, Texas. Property Being Released (including any improvements) from Lien: That certain real property located in Williamson County, Texas more particularly described in Document No. 2001060770. The City of Round Rock hereby releases the Property from the Agreement. When the context requires, singular nouns and pronouns include the plural. [Intentionally Left Blank/Signature Pages to Follow] Release of Possession and Use Agreement (Orchard) CM -2014-385 RELEASE OF POSSESSION AND USE AGREEMENT Effective Date: April 1172014 Agreement Date: August 13, 2001 Grantor: 35/45 La Frontera, L.P., a Texas limited partnership City: CITY OF ROUND ROCK, TEXAS Agreement being released: That certain Possession and Use Agreement for Transportation Purposes dated August 13, 2001, recorded in Document No. 2001060770 of the Official Public Records of Williamson County, Texas. Property Being Released (including any improvements) from Lien: That certain real property located in Williamson County, Texas more particularly described in Document No. 2001060770. The City of Round Rock hereby releases the Property from the Agreement. When the context requires, singular nouns and pronouns include the plural. [Intentionally Left Blank/Signature Pages to Follow] Recorded Electronically ID a0(44. 1 L30 County (AIlltiarvts»-' Date O4'-aS-t 4 Time 0 Simplifile.com 800.460.460 6 Release of Possession and Use Agreement (Orchard) CM -2014-385 EXECUTED the fl day of April, 2014 to be effective as of the date shown above. THE STATE OF TEXAS COUNTY OF WM,t 41.1,Stin CITY: CITY OF ROUND ROCK, TEXAS By Nam Title: X X c)teve 1\\c4 C i Ua ct ,��,'T�� �his instrument was acknowledged before me on the (i day of j 'i (� , 2014 by cdAK.' FJd1�Vv i ck1 , G1 1 of the City of Round Rock, Texas, on behalf of said 6 41 1244 j 12.0 [SEAL] AFTER RECORDING, RETURN TO: Claudia L. Crocker 2301 S. Capital of Tx Hwy Building J-102 Austin, Texas 78746 coovi,,14174 Notary Public in and for the State of Texas C IM, l.e V'1 �,►'- (Notary's Printed N My Commission Expires: (Ay 1,1,2-o t (p 11 -GF# c&a4 s y DRK RETURN TO: HERITAGE TITLE 401 CONGRESS AVE., STE.1500 AUSTIN, TEXAS 78701 Release of Possession and Use Agreement (Orchard) 2 2014029630 Electronically Recorded OFFICIAL PUBLIC RECORDS Nancy E. Rister, County Clerk 2014 April 25 04:05 PM FEE: $25.00 PGS3 Williamson County Texas