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CM-2014-569 - 11/7/2014City of Round Rock ROUND ROCK rexns Agenda Item Summary Agenda Number: Title: Consider executing a Release of a 3 foot wide portion of the 10 foot wide public utility easement (PUE) located along the inner most portion of the rear property line for Lot 51, Block C, The Preserve at Dyer Creek Phase 3, affecting 1011 Rowland Cove. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/7/2014 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: Indexes: Attachments: Partial Easment Release Document, Easement Release Application Department: Planninq and Development Services Department Text of Legislative File CM -2014-569 Consider executing a Release of a 3 foot wide portion of the 10 foot wide public utility easement (PUE) located along the inner most portion of the rear property line for Lot 51, Block C, The Preserve at Dyer Creek Phase 3, affecting 1011 Rowland Cove. This is an application to vacate a 3 foot wide portion of a 10 foot wide PUE that runs along the rear property line. Section 36-46 of the Subdivision Ordinance allows a landowner to request the vacation of an easement established by an approved plat or by separate instrument. The purpose of the partial vacation is to allow the homeowner additional space for the construction of a pool and deck. Staff recommends approval of the easement vacation. Clfy of Roontl Rock Page 1 PfinWd on 111 3014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Release of a Portion of a PILE -1011 Rowand Department Name: Planning and Development services Project Name: Cove Project Mgr/Resource: Diane Buck ContractortVendor: None F-Jcouncil Action: ORDINANCE RESOLUTION Fxx�cjty Manager Approval Attorney Apprr Attorney CMA Wording Consider executing a Release of a 3 foot wide portion of the 10 met wide public utility easement (PUE) located along the inner most portion of the rear property line for Lot 51, Block C, The Preserve at Dyer Creek Phase 3, affecting 1011 Rowland Cove. Z:1Plal ing & Zoning ProceaslEasement ReleaseTreserve at Dyer Creek(Rowland Cv)\Legal Approval Form - CC or CM Action(Preserve@DyerCrk) Updated 613/08 Pnacs 2014091161 PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: CK41PY Il'ZO Ali 17171TA6&fO21 That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of Travis and Williamson, State of Texas, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Evan Wade Stevens and Yeah Marie Stevens the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of a 10' Public Utility Easement appearing on Document No. 2013047589 of the Official Public Records of Williamson County, Texas, to - wit See Exhibit "A" attached hereto and made a part hereof, describing the interior 3' portion of a 10' P.U.E. shown on Lot 51, Block C of The Preserve at Dryer Creek, Phase Three, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Document No. 2012035270 of the Plat Records of Williamson County, Texas. This instrument is given specifically to release only the described portion of said easement, which portion of said easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which portion of said easement will be of no further effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, Texas has causedthis instrument entitled "Partial Release of Public Utility Easement" to be executed on this the i day of the month of 2014. RELEASER: CITY ()F ROUND ROCK, TEXAS By iiriQ �,, Laurie Hadley, Ci Manager 314185 rahnw 0141.1401 C M- ZovA - 5Ll ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 101- day of the month of 2014, by Laurie Hadley, City Manager for the City of Round Rock, Texas in the capacity and for the purposes and consideration therein expressed. CXAMBLIE NOWry VubIIC. Stote of is My Commission em 8016 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Notary Public, State of Texas Partial Release of Easement Request The Preserve at Dyer Creek Phase Three — Lot 51, Block C 1011 Rowland Cove CITY OF ROUND ROCK 0 221 EAST MAIN STREET ROUND ROCK, TX 78664 RECORDERS MEMORANDUM W or Oerts,NNe bNgn Nistaw ckalY,,gO,tleimsalislaclmY 1011 1091 ROWLAND COVE FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014091161 Exhibit A Nancy E. Rister, County Clerk Williamson County, Texas Nmvember 13, 2014 11:25 AM FEE$33.00 DPERE2 Rv$N ROno (@0' aow) 3 feet of a (s grrasq• c aa.co' rend 10 foot _ s s s s•ax• E PUE to be coxa m Two Story Rock, xmC /BLOCKLJ�eL"^ L vacated t BLOCK C k W2p LOT 50 —�Y LOT 52 Y 1011 1091 ROWLAND COVE FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014091161 Exhibit A Nancy E. Rister, County Clerk Williamson County, Texas Nmvember 13, 2014 11:25 AM FEE$33.00 DPERE2 ' Two Story Rock, xmC Brick&SidingAm m4�5m9. n i \ Residence I N W2p \\ VLA Fy %• zq' \ max 1011 1091 ROWLAND COVE FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014091161 Exhibit A Nancy E. Rister, County Clerk Williamson County, Texas Nmvember 13, 2014 11:25 AM FEE$33.00 DPERE2 - ROUNDROCK,TEXAS Easement Release wavose rzaioa ascsrrem Director's Signatures I have no objection the requested easement release, or portion thereof, as described in the referenced application, and in Exhibit A attached to this document. Application N: VAC1410-001 (formerly AGR1409-001) Address: 1011 Rowland Cove, Round Rock, TX 78665 Subdivision: The Preserve at Lot/Block: Lot 51/B1ockC R.� /O -27-LY Nfichakl Thane, P.E. Date Utility & Environmental Services Director City of Round Rock 4— Brad Wiseman, AICP Date Planning & Development Services Director City of Round Rock For Staff Use Only Landowner's Letter Date: 6 / 10 j 4 To: Brad Wiseman Planning & Development Services Director City of Round Rock, Texas Re: Easement release for property located at: J011 R.OWt-ArJD CuJE RZ( ao i2oUL T- :7344 Dear Mr. Wiseman: The purpose of this request is to release the referenced easement, or portion thereof, as described in Exhibit A, attached to this letter. The reason for this request is: To 0&1 AW A PACSA�, F_ 45F rAE, -c I/A , I' LO OA "rhe. 41&� (0 i P U F PU 6 UG ll \ a`i SASE MFS T1 AUyAoo ATF TV -EF WA of A SWkMox No, PML. After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request. Sin Fyy 11 c�lwll� Inn awuer date I have reviewed the above proposal for utility service purposes, and I have no objections. Oncor-Round Rock District Name date ATMOS Energy -Round Rock District Name date AT&T (formerly SBC) �IA Name date Pedernales Electric Cooperative Page 6 F"-,, o'5hQ -111,11, tl'!I ipIL, r F"I't-ij_-em m"w tl,,> 1t 1 1 m J F. -I I i i ha, I " Fi"d ill,"r "i"llF i" 11:,.. zl:tv dill I N ()ii Flill jFF. I v 1, 37'1¢757 2-7683/,/ ni-i"! Fill iilq F D"vF 4m ii " O'l, o OF, of ti, Th„!:! ihl: ,.,IF Ill a.. .cd . ...... %,1 ;1- ioii Ili �Ji m I, th Th, 'un il”, l,,:, Z P -L i F I Ij, - F"-,, o'5hQ -111,11, tl'!I ipIL, r F"I't-ij_-em m"w tl,,> 1t 1 1 m J F. -I I i i ha, I " Fi"d ill,"r "i"llF i" 11:,.. zl:tv dill I N ()ii Flill jFF. I v 1, 37'1¢757 2-7683/,/ Landowner's Letter Date: kr�l`I �14 To: Brad Wiseman Planning & Development/ Services Director City of Round Rock. Texas Re: Rasementrelea,eforpr..pertplccatcdat joii g,�Vdo i2,4, r% 786Er Dear Mr. W iceman: The purpose u[Ihls request is to rrirasc the referenced casemmv, ar parfian thereof, us described in Eehibit A, attached to this letter. The tea s.... fmthis req ocst is: To oG Va Liypy_ '"sP✓<E 1.7 JeC. 1S`� as ";�tx 14:.ri.- iGt F'✓? (NluuC T`( (,6Si Ms T'-C(1'n'<Op nt< '1F A.✓` -n ite �.T2'✓� U't After a thorough examination, the respective suppliers of Utility service have no objection to this proposal and have indicated their agreement Uy sig.ring below. 'Thank You Eur considering this request. Sincer y tan tmiet Wore f have reviewed the above pmpasal f n ufility service purposes, and I have no objections. Name dme Nanre date Oncor-Round Rock District AT&'f ((onncrly SBC) date Nome dme �TMOS¢nergy-Ru n ock District Pedernales Electric Cooperative Page 6 at&t SOUTHWESTERN BELL TELEPHONE COMPANY RELEASE OF EASEMENT THIS RELEASE OF EASEMENT, entered into by SOUTHWESTERN BELL TELEPHONE COMPANY, a Delaware corporation, GRANTOR, AND Stevens Evan Wade and Teah Marie, GRANTEE, wherein GRANTOR does by these presents ABANDON, RELEASE, RELINQUISH AND DISCLAIM to GRANTEE, as is, all or a specific portion of certain easements for telecommunication purposes hereinafter described that affects land owned by GRANTEE, situated in Williamson County, Texas, and described as follows: Block C, Lot 51 Document 2012035270, Property Records o/ Williamson County, Texas Said land of GRANTEE being subject to: Easements recorded in Document number 2012035270, Plat Records of Williamson County, Texas, The portion of said easements to be hereby released is described as follows: To obtain a partial easement vacation three (3) on the rear 10' PUE (Public Utility Easement to accommodate the construction of a swimming pool. TO HAVE AND TO HOLD same, together with all rights and appurtenances to the same belonging, unto GRANTEE, their heirs, successors and assigns forever. IN WITNESS WHEREOF, GRANTOR has caused thi Release of asement to be executed by F its duly authorized officers this :�OYv day of S oS�, 20A. n SOUTHWESTERN BELL T�LEPHONE COMPANY Name\���i THE STATE OF A�l COUNTY OF BEFORE ME, the undersigned authority, on this day ersonally appearetl-1-_W l ( (fk{1A.S known to me to be the person whose name is subscribed to the foregoing Instrument as Manager, Engineering -Design of Southwestern Bell Telephone Company, a Delaware corporation, and acknowledged to me that he/she executed the same for purposes and considerations therein expressed in the capacity stated, and e 1 and deed oysad corp ration. Given under my hand and seal of office this the ZW ay of Q -"T 01�%^201 REBECCA K ROGUE My Commlaalon Explrol My January 16, 2017 APPLICATION FOR EASEMENT RELEASE TO BE SENT TO AT&T Texas at 817 W. NORTH LOOP, ROOM 200, AUSTIN, TX 78756 Patti Moore 512-8704967, FAX 512-870-4475, Elaine Ulrich 5128704455 Application Is hereby made for the Maass of the following easement(s) as described below: The easemeri is on property legally described as: Subdivision I Section: Yue Paf sere .Fr h`i F.k- cxseiL Lot and Block No: 1 W T 4! fl Deed book volume/page or Document If Street Address: IC it R-ow� , D W. a -o JN➢ iwc—c "TK 78I,I,T Provide common description of the easement requested for release, indicating the amount of the easement to be released (provide a survey of the property with the easements to be released highlighted) Please provide purpose for this release. oeT W P4K AS >J (S J 10' P. v. e. Lbz. al'y Siia JE cq,-h Pwcn a A'F/J WtA S.Hu -' N .% £H{.J— Tx 4J4iYRe ,S TO FAL1 ITAT t A N bg, oa¢ Property Chmer's Name: EVA,J Sre vFNS Mailing Address: lou nnwuso r./o id.vn Lo ry })LLF Telephone No.: S -I 2 - L14 - 21 To (Note: If multiple owners areJoining in this request, the complete names, addressee and phone numbers on each must be attached.) APPLICANTIAGENrS NAME: APPLICANT'S ADDRESS: PHONE: i FAX:/ r The untlersigned Owner/ApplicanVAgent under oris that the processing of this Easement Release Application will b handled n ccordance with the Procedure for Requesting Release of Easements bllsher b each utility company. Signed by Land Owner/Appli nV ant To be sent to 817 W. North Loop, Room 200, Austin, TX 78758 along with survey plat of plopeft showing rtasememisl and legal description with the volume and page or the document # from recording of the property deed In County Records. ThAL VNAR'I',jLR CABLE THE POWER OF YOU" 750 CANYON DR, STE 500 COPPELL, TX 750 t 9 June 19, 2014 Evan Stevens 1011 Rowland Cove Round Rock, TX 78665 SUBJECT: Abandonment of 1011 Rowland Cove, Round Rock, TX 78665 We have reviewed your request for the above referenced Utility Easement, and Time Warner Cable (TWC) hereby grants the abandonment of the ROW near 1011 Rowland Cove, located within the city of Round Rock, TX. If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked & located within affected easements before any excavations are started. please send all utility coordination, abandonments, encroachments, plat ability requests, or notices of relocation to west-engineering-reloTatwcable.com. rmation with whoever needs these services. ,Time Warner Cable, 750 Canyon Drive Coppell, TX 75019 west-engineering-mlo@twcable.com 972-537-5323 APPLICATION FOR VACATION OF EASEMENT Please Print. Application is hereby made for the release of the following ensemends) as described below. The easement is on property legally described as: Subdivision: -rKE P¢E 5¢2J'r. AT Ti EY' Cx'` G Section: -' Block: C - Lot Numbers: 51 Address: 1011 2A u+ ul o co 2aC,L Ty. R'2' Number & Street City State Zip As recorded in Volume _�, Page_ , of the Plat Records of W t W + M s 'J County, Texas �'A D�LJMGNT J BFR ' ZOI ZGi 52*0 Provide common description of the easement requested for release, indicating the amount of the easement to be released. Example: Five foot P.U.E. & D.E. on either side of the common lot line between lots X and X. Please provide a survey or plat of the area with the easement to be released highlighted. \ 06'-A 0 P wanT u E4se MEN- /Ac-kT1--J �I) tJ,, a'e ti.EML t0' P. J. F ( I x S r ) = 310.0E "VICF . Alr9Ls p 51rwe-t Flb HL Wrt is - Reason for requesting release (Example: Single Family Residence, Accessory Building, etc) Please note: If multiple owners are making this request, complete name, address, phone must be provided for all. Property Owner's name(s)IFV AA S'(e"&NS. Mailing Address: 10 tt RAW t ,`O C. s 0 '24l 't—x (165 - Number & Street City Slate Zip Phone: `� 1 2 — Z I} — 'U SS Y I z_— U 2-1 SO N 14 Day Time Cdl Fax I authorize the following person/company to act in my behalf as my designated agent: Name of agent/company: / Name of Company Name of Contact Mailing Address: Number & Street City State Zip Phone: ' Day Time Cull Fax The undersigned Owner/Applt/Agent understands that the processing of the Easement Release Application will be handled in accordance with p dure for requesting release of easements established by Time Warner Cable. It is further understood tl ceptance o t i application does not obligate Time Warner Cable to release the subject easement blwlr4 Simulate of Amumant/Aaent Data ,rrmrveAey e ¢d for record in a pu fd', Ilca.sa number. / Date: /V Grantor (whether one or J Greaser's Mailing Address: Grans: Grantee'. Mafia, Add. Lender Lender's Mailing Addresv Note: Data. Amount 2013047569 Electronically Recorded Official Public Seconds EComb, Cls Nancy E Sister, County Clerk 2013 May 28 08:56 AM Fee:$ 24D0 Pages: 3 Williamson County Texas MS: Hyoa arae natural....... you may omotion from this instrument before it is mour social security number or your driver's y 23, 2013 G ao es, Ltd., a Texas limited partnership 901 omm Drive, Suite 300 Da , Z.- 75254 Evan We tevc and Teah Marie Stevens, busban and He 10 R. 1 Cov R. Rock, To 78665 First Con a al o gage, Ltd. 6002 Rogerd ' Houston, Taxes 77 2 May 23, 2013 Two Hundred Ninety- h. . Eight Hundred Three and NoTO D) ($293,803.00) V Maker: Evan Wade Stevens and Tax Payea: First Continental Mortgage,L Property: Lot 51, Block C, THE PRESERVE AT DYER CR2EEh PHASE THREE, a subdivisian in Williams.. County, Tex, map or plat thereof recorded in Document No. 2012035270 of Williamson County, Texas. onsideration: n and No/100 Dollars ($10.00) and the execution and delivery of the Note by Gntee to Leader, and other valuable consideration, the receipt and sufficiency of wich are acknowledged. The Note is seemed by a Vendors Lien retained in faor of Lender in the Decd of'fmst of even date herewith from Grantee for the fit of Lender. eTtv io s froryknd Exceptions to Conveyance and Warranty: the ground that a hue and correct survey and inspection of the veal, (G) all eazemanls, rights' --way and prescriptive rights, l r not, sll mstn ms' other than conveyances of record in the ropeny is located to the full extent same am valid and c e Property, and zoning and other governmental laws and b Gens securing payment of all taxes and assessments and the wing payment D£ which Grantee assmnes, and (iv) 61 matters Grantor, f r o sid rafioyyyyad subject to the reservafions from and exceptions to conveyance artan and conveys fo Grantee the ProperTy, together with aB and sin art ugh an purtemences Iherto in any wise belonging, to have and hold it to Gr tee' heirs, executors, administrators, successor or assigns, forever Gravunbinds ran tor's successors to warrant and fomver defend all and siagWar the to tee and Graome's heirs, executors, adrtdnisvators, successor, and assigns, eg st an rs n law Ily claiming or to claim the same or any pari lheteoQ when me c] i�thro er Crzanm" but not otherwise, except az m the reservations from an cev[i s to nonce and Werzanty. Lender, at Grentofs r st, paid th an to Grammar that portion of the purchase price of the property 1 t' evidenced b Note. The Vendors Lien against and superior title to the Property retained u the to is fully paid according t0 the Nouns terms, when this Deed shall bete abso he Vendors Lien agaerst and superior title to the Property are zetd d tothe n fit of Lender and are hereby 4ansferted and assigned mLender wi utr ora orw my on Grantor. EXCEPT FOR THEW VGAG XPRESSED ABOVE, BY ACCEPTANCE OF TfIIS DEED, ES TO ACCEPT THE LIMITED WARRANTY OF GRANLY PROVHIED FOA IN THE REAL ESTATE SALES AGRBETWEEN GRANTOR AND GRANTEE AS TRE SOLE ANDTY OF GRANTOR AND IN LIEU OF ALL OTHER R EXPRESS OR IMPLIED, BY OPERATION OF LAW, ORAL O W E , PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING SPECT TO THE PROPERTY, EXCEPT AS EXPRESSLY PRO N THE REAL ESTATE SALES AGREEMENT BY AND B NTOR AND GRANTEE AND THE WARRANTY OF TITLE D ABOVE, GRANTEE ACKNOWLEDGES AND AGREES TRA O HAS NOT MADE, DOES NOT MAKE AND, TO THE FULLEST T T TTED BY APPLICABLE LAW, SPECIFICALLY NEGATES A S, AND GRANTEE HEREBY RELEASES AND WANES, ANY A ONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENT O TIES OF ANY KIND OR CHARACTER WHATSOEVER,WHE XP S OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, O , O N, PAST, PRESENT OR FUTURE, OF, AS TO, CON R ITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT L EXPRESS OR IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR , CONSTRUCTION IN A GOOD AND WORKMANLIKE MANNER, .P O MODIFICATION, OR ADEQUACY OR SUITABD.ITY OF THE PL NS / SPECIFICATIONS USED IN CONSTRUCTION OFT PROPERTY. GRANTOR: GEHAN HOMES, LTD., a Team limited partnership Ry: GEHAN HOMES 1, INC., a Texas corporatic e, / ✓ DY Na : JtiItn Ei n PresidTif nDlvis ot STATE This ins w '0 edged before . this 23`° day of May, 2013 by Justin Eicher, A stirs iv' an esideat for GEHAN HOMES I, INC., a Texas corporation, Geuera ort f GEHAN HOMES, LTD., a Texas Baited partnership, on behal of ' ire artnership. AFTER RECORDING RETURN TO: INDEPENDENCE TITLE COMP 101 E. Old Settler's Blvd., Suite l 10 Round Rock, TX 78664 (� l/