R-04-05-13-13D3 - 5/13/2004RESOLUTION NO. R -04-05-13-13D3
WHEREAS, City of Round Rock, Texas (City), has acquired certain
property for the construction of the State Highway 45 roadway project
(Project); and
WHEREAS,the State of Texas, through the Texas Turnpike Authority
(State), is proceeding to construct the Project upon lands owned by
City for such purpose; and
WHEREAS, the State has requested that City transfer the property
acquired by it for the Project to the name of the State for completion
of the Project; and
WHEREAS, the transfer of the subject property is necessary to
facilitate the completion of a State roadway facility which will
benefit the citizens of City; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of City a Quitclaim Deed to the State of Texas for property
which is owned by City of Round Rock and that is necessary for the
State Highway 45 project, in the form as described in Exhibit A
attached hereto, and to take such other and further action which is
necessary to carry out this directive.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
@PFDesktop\::0DMA/WORLDOX/0:/ DOX/RESOLUTI/R40513D3 PD/djc
Government Code, as amended.
AT
RESOLVED this 13th day of May, 2004.
,
.;
L , Ma
C y of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
2
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
QUITCLAIM DEED
EXHIBIT
44.
§ KNOW ALL MEN BY THESE PRESENTS:
That City of Round Rock, of the Counties of Williamson and Travis, State of Texas, hereinafter
referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas,
acting by and through the Texas Transportation Commission, the receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have Quitclaimed and
do by these presents Bargain, Sell, Release and forever Quitclaim unto the State of Texas all of
Grantors' right, title, interest, claim and demand in and to those certain tracts or parcels of land,
situated in the County of Williamson, State of Texas, more particularly described in Exhibit "A"
attached hereto and incorporated herein for any and all purposes.
This Quitclaim is made subject to the continued rights of existing utilities, if any, as provided by law,
and any required adjustment will be at no cost to the Grantors. In addition, this Quitclaim is subject
to all matters of public record and to all easements, leases, agreements or licenses, or other interests
which affect the property, and to any matter which would be disclosed by title examination, survey,
investigation or inquiry, including but not limited to the rights of parties in possession.
THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL
FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE
HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY
COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR
IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT
TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF
GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR
WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY,
PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION,
UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE
ACKNOWLEDGES AND AGREES THAT GRANTEE HAS INSPECTED THE PROPERTY AND
THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS
QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND
TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN
EXAMINATION OF THE PROPERTY.
TO HAVE AND TO HOLD for said purposes together with all and singular the rights, privileges,
and appurtenances thereto in any manner belonging unto the said State of Texas forever.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2004.
@PFLIesktop\ ::0DMA/WORLDOX/WWDOX/CORR/TRANSPRT/SH45/GENERAUDEED/00066967.WPD
Date
STATE OF TEXAS
COUNTY OF
GRANTORS:
CITY OF ROUND ROCK, TEXAS
By:
§
§
§
Nyle Maxwell
Mayor
This instrument was acknowledged before me on the day of , 2004, by
Nyle Maxwell, Mayor of the City of Round Rock, Texas.
Notary Public, State of Texas
2.
Being all the following parcels of land described in instruments of record in the Official
Public Records of Williamson County, Texas.
EXHIBIT "A"
Parcel No.
Grantee
Williamson County Public
Records Information
72,73 & 74
City of Round Rock
Doc # 2000064087
75,76 & 77
City of Round Rock
Doc # 2001060244
79
City of Round Rock
Doc # 2001004124
81
City of Round Rock
Doc # 2001081422
87 Parts 1 & 2
City of Round Rock
Doc # 2002099980
98
City of Round Rock
Doc # 2002099983
140 Parts 1 & 2
City of Round Rock
Doc # 2002099981
104 Parts 1 & 2
City of Round Rock
Doc # 2002099984
143
City of Round Rock
Doc # 2002099982
100 & 101
City of Round Rock
Doc # 2000083695
107
City of Round Rock
Doc # 2001076257
117,118,119 & 120
City of Round Rock
Doc #2000077823
123
City of Round Rock
Doc # 2001071463
148 Parts 1 & 2
City of Round Rock
Doc # 2002066158
147
City of Round Rock
Doc # 2001040261
149
City of Round Rock
Doc # 2002051692
153
City of Round Rock
Doc # 9706680
151
City of Round Rock
Doc # 2002012405
152
City of Round Rock
Doc # 2002034279
EXHIBIT "A"
DATE: May 7, 2004
SUBJECT: City Council Meeting - May 13, 2004
ITEM: 13.D.3. Consider a resolution authorizing the Mayor to execute a Deed
to the Texas Turnpike Authority for right-of-way for SH 45
acquired by the City of Round Rock.
Department:
Staff Person:
Justification:
Legal Department
Steve Sheets, City Attorney
The City of Round Rock acquired certain right-of-way parcels
as requested by the State of Texas in order to facilitate the
construction of the State Highway 45 toll project. The State,
through the Texas Turnpike Authority, is now constructing the
roadway on property owned by the City, and has requested
that the property be deeded to the State pursuant to the
original interlocal agreement for the project.
Funding:
Cost: N/A
Source of Funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Construction of SH 45 toll project by the Texas
Turnpike Authority through the City of Round Rock.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
QUITCLAIM DEED
§ KNOW ALL MEN BY THESE PkESENTS:
That City of Round Rock, of the Counties of Williamson and Travis, State of Texas, hereinafter
referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas,
acting by and through the Texas Transportation Commission, the receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have Quitclaimed and
do by these presents Bargain, Sell, Release and forever Quitclaim unto the State of Texas all of
Grantors' right, title, interest, claim and demand in and to those certain tracts or parcels of land,
situated in the County of Williamson, State of Texas, more particularly described in Exhibit "A"
attached hereto and incorporated herein for any and all purposes.
This Quitclaim is made subject to the continued rights of existing utilities, if any, as provided by law,
and any required adjustment will be at no cost to the Grantors. In addition, this Quitclaim is subject
to all matters of public record and to all easements, leases, agreements or licenses, or other interests
which affect the property, and to any matter which would be disclosed by title examination, survey,
investigation or inquiry, including but not limited to the rights of parties in possession.
THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL
FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE
HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY
COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR
IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT
TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF
GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR
WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY,
PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION,
UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE
ACKNOWLEDGES AND AGREES THAT GRANTEE HAS INSPECTED THE PROPERTY AND
THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS
QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND
TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN
EXAMINATION OF THE PROPERTY.
TO HAVE AND TO HOLD for said purposes together with all and singular the rights, privileges,
and appurtenances thereto in any manner belonging unto the said State of Texas forever.
IN WITNESS WHEREOF, this instrument is executed on this the /3 day of 71)
2004.
CADocurnents and Seningskichilds\Applicaiion Data \Core' MordPerfect1101Back up\wpiwp).bk 1
R-014- Og-13- 13 D3
GRANTORS:
CITY OF ROUND ROCK, T
61/3-011 By:
Date
STATE OF TEXAS
COUNTY OF Lti we -07150A) §
Mayor
axwell
This instrument was acknowledged before me on the /3 day of
Nyle Maxwell, Mayor of the City of Round Rock, Texas.
, ........
CHRISTINE R. MARTINEZ
- MY COMMISSION EXPIRES
August 25, 2005
jIAL 1
Notary Public, State of Texas
2.
Being all the following parcels of land described in instruments of record in the Official
Public Records of Williamson County, Texas.
Parcel No.
72,73 & 74
Grantee
City of Round Rock
Williamson County Public
Records Information
75,76 & 77
City of Round Rock
79
City of Round Rock
81
City of Round Rock
87 Parts 1 & 2
City of Round Rock
98
City of Round Rock
140 Parts 1 &2
104 Parts 1 &2
143
100 & 101
City of Round Rock
City of Round Rock
City of Round Rock
City of Round Rock
107
117,118,119& 120
123
148 Parts 1 &2
147
149
153
151
City of Round Rock
City of Round Rock
City of Round Rock
City of Round Rock
City 'of Round Rock
City of Round Rock
City of Round Rock
City of Round Rock
152
City of Round Rock
EXHIBIT "A"
Doc # 2000064087
Doc # 2001060244
Doc # 2001004124
Doc # 2001081422
Doc # 2002099980
Doc # 2002099983
Doc # 2002099981
Doc # 2002099984
Doc # 2002099982
Doc # 2000083695
Doc # 2001076257
Doc # 2000077823
Doc # 2001071463
Doc # 2002066158
Doc # 2001040261
Doc # 2002051692
Doc # 9706680
Doc # 2002012405
Doc # 2002034279