R-98-01-22-10G - 1/22/1998CITY OF ROUND ROCK
�H ierN
Mayor
Charles Culpepper
Mayor Pro -tem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
February 13, 1998
Mr. Israel Fogiel
Great America Companies
One Forum, Suite 700
8000 IH -10 West
San Antonio, TX 78230 -3898
Dear Mr. Fogiel:
The Round Rock City Council approved Resolution No. R- 98- 01- 22 -10G
at their regularly scheduled meeting on January 22, 1998.
Enclosed is a copy of the resolution and Release of Temporary
Construction Easement for your files. If you have any questions, please
do not hesitate to call.
Sincerely,
taAJ-
nne Land
Assistant City Manager/
City Secretary
Enclosure(s)
cc: Sandi Gotisha
Austin Title Company
Fax: 512 -218 -7097
1 -800- 735 -2989 MD 1- 800 - 735 -2988 Voice
221 Fast Main Street
Round Rock, Texas 78664
512218 -5400
12/12 12:03 $210 34 4 3137
GREAT
AMERICA
COMPANIES
())I(I II OFFICN
0911 FORUM
SUITE 760
8060 IH -10 WEST
SAN ANTONIO (HK) J
78230.3.80,1
210. 3+:92,6
PAX ii +sli
110USTON 051:1(_)
ONE RJVEI(WA1
SUITE .isn
HousT09. l
770.56
76:97) 9971
1 90: 9991
December 12, 1997
Mr. Al Wille
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
RE: Temporary Construction Easement
South Creek Section 12
Dear Al:
GREAT AMERICA CO •-■ PUBLIC WORKS Z002/009
Via Fax: 512 -218 -5563
Thank you very much for your letter of December 4, 1997. Enclosed is a
copy of letter received from Brandt Surveying Company, Inc addressed to the
Title Company. Following receipt of this letter, I spoke with the Title
Company, who has researched this matter and advised that if they are to
provide clear title to the lots affected by this easement, then this construction
easement will need to be terminated.
I will greatly appreciate if you could take the required action for the City to
vacate this construction easement. Sandi Gotisha at Austin Title Company is
willing to cooperate with any information that may be required to accomplish
this task.
As the builder will not purchase any more of the lots affected by this easement,
time becomes an important issue. Thank you for your help.
Yours truly,
IF /mga
Enclosure
cc: Leo Whelan
Doyle Wilson Homes
Sandi Gotisha
Austin Title Company
Mayor
Charles Culpepper
Mayor Pro-tem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
December 4, I997
Sandi Gostisha
Austin Title Company
6805 Capitol Of Texas Highway, Suite 360
Austin, Texas 78731 -1749
Dear Ms Gostisha:
Alvin L. Wille, P.E., R.P.L.S.
Chief Engineer
Public Works Department
cc: rile
Gloria Beck -Great America Companies
esmtsc12..' ' 1
Fax: 512- 218 -7097
RE: South Creek, Section 12 Subdivision/Temporary Construction Easement
1 -800- 735 -2989 TDD 1 -810. 735 -2988 Voice
221 Last Main Street
Round Rock, Texas 78664
512 - 218 -5400
The Great America Companies has contacted the City of Round Rock concerning a
temporary construction easement which parallels a Public Utility Easement on Lot 10,
Block B, South Creek, Section 12 Subdivision in the City of Round Rock and the procedure
for release of said temporary construction easement.
Typically it is intended that a temporary construction easement, granted along with a
permanent easement, exists for the duration of the original construction and upon the
successful completion of the construction it would cease to exist. I do not see that wording
in the dedication instrument for this easement but it is my opinion that was intended. If a
formal release of the temporary easement is required it would require action of the City
Council on an easement vacation application which would be filed with the Department of
Planning and Community Development, City of Round Rock.
If you have any questions concerning this please give me a call at 512/218 -5554.
Sincerely,
W
12'12'07 12-06 '0'210 344 3137 GREAT AnRICA CO PUBLIC wORKS 7003'000
12/12/97 FRI 07 16 FAX A0STTN TTTfF COMPANY
December 10, 1957
Dear Sandi.
43RANDT OMPANY,
A PROFESSIONAi CORPORATION OFFERING COMPLETE
LAND SURVETING SERVICES SINCE 1981
Sandi Gostisha
c/o Austin Title Company
6605 Capitol of Texas Highway, St.360
Austin, Texas 78731 -1749
Re! Temporary Construction easement affecLiii9 10Le in South Creek
Section 12, Round Rock, Texaa.
I am in receipt of the letter dated December 4, 1337 from Mr. Alvin
L. Willie, Chief Engineer, Public works Department, Cry of Round
Rock, Texas.
while I agree that in most cases the presumed intention is that any
easement described as temporary 1s that at cawa point it will
become nonexistent, in most cases this issue is addressed in the
easement document itself. However, in this case there is no
provision for when this temporary easement will cxpirc
Since only the grantee can determine if "successful completion of
the construction" has taken place, then it stands to reason that
only the grantee can release this easement.
To avoid a potential problem for the homeowners of these
properties, I recommend that the City of Round Kock execute the
appropriate release and have it recorded in the official public
records of Williamson County, Texas. This is a standard procedure
that will clear up this issue and complete the paper trail for all
ocher builders, leader title companies and homeowners who have
properties affc , -cd by this easement.
Sincerely,
Stave Brandt, R- P_L.S.
Siia /cb
cc: Leo Whelan, Doyle Wilson Homebuilder Inc.
552d 8E0 CAVE kOAO $10r9 0.1 - AUSTIN, TEXAS 78746 - (S12)328-0621 • FAX (5l 2) 228.1401
]HE STATE OF TEXAS
COUNTY OF i IAMSON
RELEASE OF TEMPORARY CONSTR0CTTON EASEMENT
§ KNOW ALL MEN BY THESE PRESENTS°
THAT, by Instrument dated Judy 29, 1985, recorded. in Volume
1422, Page 442, of the Deed Records of Williamson County, Texas,,
the City of Round Rock, Texas, was granted a fifteen foot 115')
wade permanent easement to construct and perpetually maintain a
aaTer and wastewater line and a fifty foot (50') wide 'Temporary
Construction Easement to provide :access for the const.ruct;on of
said water and wastewater tine; and
WHEREAS, by the terms of the instrument, the Temporary
Construction Easement was to become null and void upon the
completion of the construction of said water and wastewater line;
dn°
WHEREAS, the construction of said water and wastewater tine
na_beer completed; Now Therefore
THE CITY OF ROUND ROCK, TEXAS, for Ter. Dollars ($10) and other
valuable consideration does hereby release all right, title and
interest in and to the fifty foot (50') Temporary Construction
Easement.
This release is limited to the fifty foot 50` temporary
construction easement and shall not affect the fifteen foot ;15')
permanent water and wastewater easement granted in said instrument
as more _particularly described therein.
nd, �� '' 1
EXECUTED this �c)) day of `a . WSW
CITY OF':ROUND ROCK
wens �a� T eT� r./8=g
1998.
TEXAS
By: {•
Printed ar{ CNEh2L.E.5 CU,( -PFPPE�
OFFICIAL RECORDS Title: /�JAyO/
wILWMSON COUNTY, TEXAS
1.
THE„ =ATE Or TEXAS
COUNTY OF WILLIAMSON
H:\WPID.SV SOT„T \EEASETEM & =a
4
7) , ,nd
Phis instrument was acknowiedaed before me oh this the
day- of �JA,uun2y 1998, by O'f-FA2CFS ,nILPEP
/YV)yD /PL of the City of Rouna Y.ock, Texas, in.
behalf of said municipality,
2.
Notary Puniic, Stare of Pexasj
JAN -15 -98 THU 10 AM DOYLE WILSON HONEBUILDER FAX NO. 5123462624
EXHIBIT "A"
PAGE 1 OF 2
JANUARY 7, 1998
FIELD NOTES FOR A FIFTY FOOT (50') TEMPORARY CONSTRUCTION AND
MAINTENANCE EASEMENT
FIELD NOTE DESCRIPTION OF A FIFTY FOOT (50') WIDE TEMPORARY
CONSTRUCTION AND MAINTENANCE EASEMENT BEING UPON A TRACT OF LAND
CONVEYED TO DYER CREEK DEVELOPMENT CO. IN VOLUME 955, PAGE 547 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID TEMPORARY
CONSTRUCTION AND MAINTENANCE EASEMENT BEING ALL OF THAT CERTAIN
TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT GRANTED TO THE CITY
OF ROUND ROCK, TEXAS AS DESCRIBED IN VOLUME 1422, PAGE 442 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID TEMPORARY
CONSTRUCTION AND MAINTENANCE EASEMENT BEING LOCATED SEVEN AND ONE -
HALF FEET (7.5') EAST AND SOUTH OF AND FORTY -TWO AND ONE - HALF FEET
(42.5') WEST AND NORTH OF THE HEREINAFTER DESCRIBED LINE;
BEGINNING FOR REFERENCE at a point for the Southeast corner of said
Dyer Creek Development Co. tract, THENCE S 89`19'11" W for a
distance of 5.48 feet to a point for the Southerly limits and POINT
of BEGINNING the herein described line.
THENCE through the interior of said Dyer Creek Development Co.
tract the following eleven (11) courses;
129.46 feet to an angle point hereof;
33.14 feet to an angle point hereof;
220.00 feet to an angle point hereof;
722.01 feet to an angle point hereof;
374.09 feet to an angle point hereof;
410.94 feet to an angle point hereof;
91.07 feet to an angle point hereof;
125.53 feet to an angle point hereof;
58.53 feet to a point in a curve hereof;
of a curve having the elements of delta =
40 °38'41 ", radius - 3557.50 feet, arc = 660,93 feet tangent
331.42 feet, chord atd chord hearing = 559.98 feet,
N 25 °44'09" W, to an angle point hereof;
11) N 69 °35'11" E, 87.50 feet to a point in the existing curving
West right -of -way line of the MK &T railroad;
1) N 00 °21'15" W,
2) N 45 °22'00" E,
3) N 00 °22'00" E,
4) N 00 ° 09'39" W,
5) N 16 ° 20'00" E,
6) N 09 °25'00" W,
7) N 11 °12'00" W,
8) N 01 °04'00' W,
9) N 00 °11'00" W,
10) Along the arc
THENCE continuing from the East right -of -way line of said railroad,
N 69 °35'11" E, 80.00 feet to an angle point hereof;
THENCE N 00 °00'28" E, 933.02 feet to an angle point hereof;
THENCE N 00 °54'25" W, 86.86 feet to a point in the North line of
said Dyer Creek Development Co. tract for the Northerly limits and
POINT OF TERMINATION of the herein described line.
PREPARED FROM PUBLIC RECORD INFORMATION BY:
Brandt Surveying Company, P.C.
P. 02
POINT OF
BEGINNING
SCALE, 1' -300'
,, LU 11u 0 JLL KILZUN NU(L5UILU!K 111X N0, 5123462624
SKETCH TO ACCOMPANY
FIELD NOTES
war oR FORMERLY
DYER CREEK OEM. CO.
955/547
50' TEMPORARY CONSTRUCTION AND
MAINTENANCE EASEMENT DESCRIBED
1N ATTACHED FIELD NOTES
//'
N 0722.0/9' W/
712.01'
N 45'22'00' E /4 /
J3. 14
H /6'20'00' E
574.09'
N 00'21'15' W
129.46'
N 11'12'00' W
91.07'
N 09'25'00' W
4/0.94'
N 00 £
220, 00'
POINT OF REFERENCE
89'19'/1' W
5.48"
41 10'J8'41'
R- 3557.50'
T -J3(. A2
A 660.93'
C- 659.98'
N 25'44'09' W
N 01'04'00 W
125.53'
N 69'35'11 E
87.50'
///
N 00'54 "25 - W
86.86'
N 00'11'00' W
58.53'
N 69'35'11' E
80.00'
Nor OR FORMERLY
GLEN WEANS
518/531
EXHIBIT 'A'
SHEET 2 OF 2
JANUARY 7, 1998
P. G3
N 00'00'28' W
933.02'
BRANDT SURVEYING COMPANY. PROFESSIONAL CORPORATION
5524 BEE CAVE ROAD. SUITE F -1 AUSTIN. TEXAS 78746 (512) 328 -0521
CJ
Please return to:
City of Round Rock
Administration
221 East Main Street
Round Rock, TX 78664
K. \WPDOCS \RESOLUSS \RS00122G. WPD /scg
RESOLUTION NO. R- 98- 01- 22 -10G
WHEREAS, on July 29, 1985, William R. mitts conveyed a
fifteen. foot Cl5'i wide permanent easement and a fifty foot (50')
wide Temporary Construction Easement to the City as a part of the
Southeast Round Rock water and wastewater improvement project, as
recorded in Vol. 1422, Page 442, Deed Records of Williamson County,
Texas. and
WHEREAS, the City no longer has a. need for the fifty foot
i50'`: wide Temporary Construction Easement and. wishes to release
said easement, and
WHEREAS, said release shall. be not affect the fifteen foot
(15'( wide permanent water and wastewater easement granted in said
instrument as more particularly described above, 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 the City a Release of Temporary Construction Easement to
release the aforesaid fifty foot (50') wide Temporary Construction
Easement, a. copy of such release being attached hereto and
incorporated herein for all intents and purposes.
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 Government Code, as amended, and the Act,
.Pa.`EST
RESOLVED this 22nd day of January'. 1998.
NNE LAND, City Secretary
2
CHARLES CDL EPPER, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
RELEASE OF TEMPORARY CONSTRUCTION EASEMENT
§ KNOW ALL MEN BY THESE PRESENTS:
THAT, by instrument dated July 29, 1986, recorded in Volume
1422, Page 442, of the Deed Records of Williamson County, Texas,
the City of Round Rock, Texas, was granted a fifteen foot (15')
wide permanent easement to construct and perpetually maintain a
water and wastewater line and a fifty foot (50') wide Temporary
Construction Easement to provide access for the construction of
said water and wastewater line; and
WHEREAS, by the terms of the instrument, the Temporary
Construction Easement was to become null and void upon the
completion of the construction of said water and wastewater line;
and
WHEREAS, the construction of said water and wastewater line
has been completed; Now Therefore
THE CITY OF ROUND ROCK, TEXAS, for Ten Dollars ($10) and other
valuable consideration does hereby release all right, title and
interest in and to the fifty foot (50') Temporary Construction
Easement.
This release is limited to the fifty foot (50') temporary
construction easement and shall not affect the fifteen foot (15')
permanent water and wastewater easement granted in said instrument
as more particularly described therein.
EXECUTED this x!04 - day of
N: \WPWCS \PESQtUTI \PASEW,P, vP� /scg
1.
, 1998.
CITY OF ROUND ROCK, TEXAS
By
Printed� L'HFeiz ca ,p6PPER,
Title: /49/0
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
K ; \WPWCS \ RESOLUTi \EAsEr MP.WP� /scq
This instrument was acknowledged before me on this the a� j —
day f JAAJuAey , 1998, by C C'L1LPEPP,
M yOle/ of the City of Round Rock, Texas, in
behalf of said municipality.
2.
Notary Public, State of Texas
JAN -15 -98 THU.10:26. AM DOYLE WILSON HOMEBUILDER FAX NO, 5123462624.
EXHIBIT "A"
PAGE 1 OF 2
JANUARY 7, 1998
FIELD NOTES FOR A FIFTY FOOT (50') TEMPORARY CONSTRUCTION AND
MAINTENANCE EASEMENT
FIELD NOTE DESCRIPTION OF A FIFTY FOOT (50') WIDE TEMPORARY
CONSTRUCTION AND MAINTENANCE EASEMENT BEING UPON A TRACT OF LAND
CONVEYED TO DYER CREEK DEVELOPMENT CO. IN VOLUME 955, PAGE 547 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS_ SAID TEMPORARY
CONSTRUCTION AND MAINTENANCE EASEMENT BEING ALL OF THAT CERTAIN
TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT GRANTED TO THE CITY
OF ROUND ROCK, TEXAS AS DESCRIBED IN VOLUME 1422, PAGE 442 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID TEMPORARY
CONSTRUCTION AND MAINTENANCE EASEMENT BEING LOCATED SEVEN AND ONE -
HALF FEET (7.5') EAST AND SOUTH OF AND FORTY -TWO AND ONE -HALF FEET
(42.5') WEST AND NORTH OF THE HEREINAFTER DESCRIBED LINE;
BEGINNING FOR REFERENCE at a point for the Southeast corner of said
Dyer Creek Development Co. tract, THENCE S 89 °19'11" W for a
distance of 5.48 feet to a point for the Southerly limits and POINT
OF BEGINNING the herein described line.
THENCE through the interior of said Dyer Creek Development Co.
tract the following eleven (11) courses;
1) N 00°21'15" W,
2) N 45 °22'00" E,
3) N 00°22'00" E,
4) N 00`09'39" W,
5) N 16 °20'00" E,
6) N 09 °25'00" W,
7) N 11°12'00" W,
8) N 01 °04'00" W,
9) N 00 °11'00" W,
10) Along the arc
10 °38'41 ", rad
331.42 feet,
N 25 °44'09" W,
11) N 69 °35'11" E
West right -of
129.46 feet to an angle point hereof;
33.14 feet to an angle point hereof;
220.00 feet to an angle point hereof;
722.01 feet to an angle point hereof;
374.09 feet to an angle point hereof;
410.94 feet to an angle point hereof;
91.07 feet to an angle point hereof;
125.53 feet to an angle point hereof;
58.53 feet to a point in a curve hereof;
of a curve having the elements of delta =
ius = 3557.50 feet, arc = 660,93 feet, tangent =
chord and chord bearing = 659.98 feet,
to an angle point hereof;
, 87.50 feet to a point in the existing curving
-way line of the MK &T railroad;
THENCE continuing from the East right -of -way line of said railroad,
N 69 °35'11" E, 80.00 feet to an angle point hereof;
THENCE N 00 ° 00'28" E, 933.02 feet to an angle point hereof;
THENCE N 00 °54'25" W, 86.86 feet to a point in the North line of
said Dyer Creek Development Co. tract for the Northerly limits and
POINT OF TERMINATION of the herein described line.
PREPARED FROM PUBLIC RECORD INFORMATION EY:
Brandt Surveying Company, P.C.
P. 02
SKETCH TO ACCOMPANY
FIELD NOTES
SCALE: /' -300'
N 45 E
33.14'
50' TEMPORARY CONSTRUCTION AND
MAINTENANCE EASEMENT OESCR /BED
IN ATTACAIED FIELD NOTES
,fl. ,,,,cu mil SPILL w1LDUN nunenulLUhk FRX N0. 5123462624
NOV OR FORMERLY
orER CREEK OEr. CO.
055/54]
N 1 6 . 20'00'
374.09'
N 0 0 /
722.01'
/7
N 11 W
91.07'
N 09 W
410.94'
//
N 00 E
220.00'
N 00 W
129.46'
POINT OF REFERENCE
P0/NT 07
BE0/NNINO' 89'19 'II' W
5.46'
4 10
R- 3557.50'
T- 33/.42'
A 660.93'
C- 659.98'
N 25 W
N 01 W
125.53'
N 69 E
87.50'
N 00 W
86.86'
N 00'/1'00' ►'
58.53'
N 69'35'//' E
80.00'
M00 oh FORMERLY
GLEN NE455
5/8/531
EXHIBIT 'A'
SHEET 2 OF 2
JANUARY 7. 1998
BRANDT SURVEYING COMPANY. PROFESS l ONAL CORPORA T ION
5524 BEE CAVE ROAD. SUITE F -I AUSTIN. TEXAS 78746 15121 328 -062/
P. 03
N 0 0'00'28' W
933.02'
DATE: January 14, 1998
SUBJECT: City Council Meeting, January 22, 1998
ITEM: 10G. Consider a resolution releasing a temporary construction easement
associated with a public utility easement in South Creek Section 12
Subdivision.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
This action will formally release a temporary construction easement which was dedicated
in conjunction with a permanent Public Utility Easement as described in Volume 1422,
Page 442 of the deed records of Williamson County, Texas. The easement was dedicated
as a part of the Southeast Round Rock water and wastewater improvement project. With
the construction complete the temporary construction easement may be released. Staff
recommends approval.