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CM-2014-565 - 10/31/2014City of Round Rock ROUND Texns ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Declaration of Public Utility Easement in Forest Bluff Park Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/31/2014 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: Freeman Public Utility Easement Department: Planning and Development Services Department Text of Legislative File CM -2014-566 This document allows dry utilities to traverse through city property within the easement area. Recommend approval of Public Utility Easement on, oral Rock Paye 1 Printed.n 10/901014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIUCITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning & Development Services Project Name: Freeman Tract Public Project Mgr/Resource: Aneil Unit ContractorfVendor: NA council Action: ORDINANCE RESOLUTION Fxx-lcity Manager Approval t/ Attorney CMA Wording Consider executing a Declaration of Public Utility Easement in Forest Bluff Park. a /c Notes/comments ' O:\wdox\SCClnts\0114\1410\MUNICIPAL\00313099.XLS Updated 6/3/08 ESMPGS 2014091159 DECLARATION OF PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the CITY OF ROUND ROCK, a Texas home -rule municipal corporation (hereinafter called the "Declarant') has executed this Declaration of Public Utility Easement for the purpose of establishing the following exclusive easement in and under the following described property in Williamson County, Texas, to -wit: Being a portion of that certain tract or parcel of land out of and a part of the Joseph Marshall Survey, Abstract Number 409, situated in Williamson County, Texas, said tract of land being more particularly described as a portion of a 2.426 acre tract of land conveyed to the City of Round Rock in Document Number 2004056071 of the Official Public Records of Williamson County, Texas, (O.P.R.W.C.TX.), said 0.173 acre (7,546 sq. ft.) tract of land being more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. The perpetual easement, right-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: underground electric transmission and distribution lines, telecommunication and cable television lines, water lines, natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and related equipment, stormwater lines, drainage systems and structures, all necessary conduits, valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities, drainage pipes and all other subsurface drainage structures, and any necessary accessories, or operations. Declarant retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use of the easement, including but not limited to, the right to use the surface for park purposes and improvements. Declarant will not be responsible or liable for any damage to utilities placed within the easement caused by Declarant's use of the surface pursuant to this paragraph. By placing facilities within this easement, all entities agree to the terms of this Declaration of Easement. The benefits and obligations of the Easement created herein shall constitute benefits and servitudes running with the land. This Declaration may be modified, amended, or terminated by Declarant. 00312712.doc/jmr CIA-z6l4- Slos DECLARANT: CITY OF ROUND ROCK, TEXAS By: u Laurie Hadley, City Ma ger ACKNOWLEDGMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON This instrument was acknowledged before me this a *-day ofTom, 2014, by Laurie Hadley, City Manager for the CITY OF ROUND ROCK, Williamson County, Texas, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. E.�•V,V Notary Public, State of Texas PREPARED IN THE OFFICE OF: 102 �� SIGH WIiRECOMMISON E%PIRES Sheets &Crossfield, P.C. July 11, 2016 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 0.173 ACRE (7,546 SO. R.) JOSEPH MARSHALL SURVEY, ABSTRACT 103 WILLIAMSON COUNTY, TEXAS EASEMENT FIELD NOTES BEING A PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND APART OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NUMBER 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ASA PORTION OF A 2.426 ACRE TRACT OF LAND CONVEYED TO CITY OF ROUND ROCK IN DOCUMENT NUMBER 2004056071 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, (O.P.R. W.C.TX.), SAID 0.173 ACRE (7,546 SQ. FT.) TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a Y." iron rod found at the southernmost corner of said 2.426 acre tract, and being the northwesternmost corner of Lot 19, Forest Bluff, Section 1B, recorded in Cabinet N, Slide 379-380, Plat Records of Williamson County, Texas, also being in the eastern line of a remainder of 156.918 acre tract of land conveyed to KB Home Lone Star, Inc, in Document Number 2013087392, (O.P.R.W.C.TX.), for the POINT OF COMMENCEMENT of the herein described tract, THENCE, with the common boundary line of said 2.426 acre tract, and said remainder of 156.918 acre tract, N04'35'43"W, a distance of 133.38 feet to a calculated point for the southernmost corner, and the POINT OF BEGINNING for the herein described tract, THENCE, with the common boundary line of said 2.426 acre tract, and said remainder of 156.918 acre tract, N04°35'43"W, a distance of 36.46 feet to a calculated point, THENCE, crossing said 2.426 acre tract the following ten (10) courses and distances, numbered 1 through 30, 1. N19"42'01"E, a distance of 22.21 feet to a calculated point, at a point of curvatu re to the right, 2. with said curve to the right having a radius of 543.00 feet, an arc length of 123.88 feet, whose chord bears N26°14'10"E, a distance of 123.62 feet to a calculated point, 3. N32°46'19"E, a distance of 58.66 feet to a calculated point, 4. N20°06'25"W, a distance of 33.73 feet to a calculated point, 5. N32°46'19"E, a distance of 35.63 feet to a calculated point, 6. N80°53'51"E, a distance of 30.45 feet to a calculated point, 7. N25°03'3WE, a distance of 65.77 feet to a calculated point, 8. N45"11'58"E, a distance of 38.91 feet to a calculated point, at a point of curvature to the right, 9. with said curve to the right having a radius of 530.00 feet, an arc length of 82.02 feet, and whose chord bears N29°43'00"E, a distance of 81.94 feet to a calculated point, and 10. N40'21'00"E, a distance of 40.02 feet to a calculated point in the southwestern line of Forest Ridge Boulevard (60' R.O.W.), and being an eastern line of said 2.426 acre tract, THENCE, with the common boundary line of said Forest Ridge Boulevard, and said 2.426 acre tract, 551'35'14"E, a distance of 10.01 feet to a calculated point, THENCE, leaving said common boundary line, and crossing said 2.426 acre tract, the following eleven (11) courses and distances, numbered 1 through 11, 1. S40°21'00"W, a distance of 39.81 feet to a Calculated point, at a point of curvature to the left, 2. with said curve to the left having a radius of 520.00 feet, an arc length of 95.57 feet, and whose chord bears 528°49'04"W, a distance of 95.71 feet to a Calculated point, 3. 545'11'58"W, a distance of 24.90 feet to a calculated point, 1: 4WASURVEAPIEID NOTESVWFOREST BLUFF.dac EXHIBIT �- 0.173 ACRE (7,54650. FT.) JOSEPH MARSHALL SURVEY, ABSTRACT 409 WIWAMSON COUNTY, TENS EASEMENT 4. 525°03'30"W, a distance cf 63.76 feet to a calculated point, at a point of curvature to the right, S. with said curve to the right having a radius of 472.00 feet, an arc length of 7.33 feet, and whose chord bears 525'30'12"W, a distance of 7.33 feet to a calculated point, 6. SSO"53'SS"W, a distance of 31.63 feet to a calculated point, 7. 53Y46'19"W, a distance of 21.48 feet to a calculated point, 8. 520°0625"E, a distance of 33.73 feet to a calculated point, 9. 532'46'19"W, a distance of 66.12 feet to a calculated point, at a point of curvature to the left, 10. with said curve to the left having a radius of 528.00 feet, an arc length of 120.46 feet, and whose chord bears 526°14'10"W, a distance of 120.20 feet to a calculated point, and 11. 519'42'01"W, a distance of 55.44 feet to the POINT OF BEGINNING and containing 0.173 acre (7,546 Sq. Ft.) of land. Surveyed by: ROBERT I. GERTSON, R.P.L.S. NO. Carlson, Brlgonce & Doering, Inc. 5501 West William Cannon Austin, TX 78749 Ph: 512-280-5160 Fax: 512-280-5165 rgertson(&cbdenR. com BEARING BASIS: TEXAS COORDINATE SYSTEM, NAD 83, CENTRAL ZONE (4203) 1: 46MUWFY\FIELO NOTEA N -FOREST BW FF.doc 5KF-1"CH 1'O ACCOMPANY HF -L -b N01"F-5 • "mo MMo I wtC14UFU awn a.oa Mat a &wNW 01a. . aRN WC f 5 ft M a. RMS PAW= q T KHAN WILLWNN N . RYAS FOREST BLUFF, SEC. IC O\'� CA8. 0, SUDS. 346-348 i \ � BUD CK B / 31 / 2.426 ACRES CRY OF ROUND ROCK DOCUMENT (10040560]1 O.P.R.W.C.TR. 0.173 ACRE --- (7,546 SQ. FT.) L6 �yyU4��,1 Y A REMAINDER OF 156.918 ACRES V 4 KS NDNE LONE STAR, INC. DOCUMENT+ 101309]}91 ; p O.P.RW.0 I%. Y FOREST BLUFF, SEC. IB CAB. N, SLOS. 379-380 \ PRWC.% \10\ \ y ti SHM 1 OF 2 TIMING 6AS15: TEAS SYNE I'LWE COORDMATE SYSTEM. CDRA ZONE (4203) FATer J:\4607\SURVEY\FN-PUE FOREST BLUFF 5KF-TCH 1'O ACCOMPANY Fir -L -n NOTE5 Length Oue[lion LI 36.46 N04'35'43W E2 2211 NI9'11'Oli LS 56.66 N3246'19"E L4 73.73 N1P06'25W U 35.63 w7Y46'19i L6 70A5 N80'S3'Sli L7 65.77 N2503'JO'E LB J8.91 N45'I P56'E L9 40.02 N/p21'OOi LIO 10.01 $SI'35'14i LII 19.81 54P21'OOW L11 14.90 54511S8W LIJ 67.76 S15'OJ'JOW LI4 31.63 580'S3'SIW LI5 17.46 $3746'19W 116 3J.IJ 52P06'25"E LI7 66.12 57716'19W L18 55.14 $19'42'OIW ....i...........BEFi... 0w J. GERT30 ROBERT e...6367 i 1Q, BUYING OW IEM STATE PIANE COORMIE 51SfEN. CENTRAL ZONE (4203) Carlson, Brigance & Doering, Inc. C IJ m e... SHEET 2 6 2 PATH:- J:\4607\SUWMFN-PUE FOREST BLUFF Line Table Lim Length Oue[lion LI 36.46 N04'35'43W E2 2211 NI9'11'Oli LS 56.66 N3246'19"E L4 73.73 N1P06'25W U 35.63 w7Y46'19i L6 70A5 N80'S3'Sli L7 65.77 N2503'JO'E LB J8.91 N45'I P56'E L9 40.02 N/p21'OOi LIO 10.01 $SI'35'14i LII 19.81 54P21'OOW L11 14.90 54511S8W LIJ 67.76 S15'OJ'JOW LI4 31.63 580'S3'SIW LI5 17.46 $3746'19W 116 3J.IJ 52P06'25"E LI7 66.12 57716'19W L18 55.14 $19'42'OIW Curie Table Cwve I Length Rodiuy ChIXA Direcl'ron E.hmtl Length iaigent DELTA CI 117.68 Sq.00 N2511'IO'E 113.62 61.11 13'04'19" C2 82.02 57000 N19'43'00"E 81,94 41.09 552'01" C7 95.71 520.00 51549'O/W 95.57 41.99 Ip32'14' CAL 7.37 472.W S25'70'11W 7.37 3.67 P57'25' CS 110.46 51800 51514'IOW 120.20 W.49 13'01'19" CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014091159 Nancy E. Roister, County Clerk Williamson County, Texas November 13, 2014 11:25 RM FEE: $45,00 OPEREZ