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CM-05-06-101Request for City Council/City Manager Action El City Council El City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Contact Person: Project Manager/Resource: Project Coordinator: Assigned Attorney: Engineering & Development Services Latha Kumar/Laura Flores Alysha Girard Aneil Naik J.Kay Council or City Manager Agenda Date: 06/10/05 Blue Sheet Wording Project Name: N/A d ii st Use ONLY Receive Return to: Return date: CC: Lynn Olsen= ContractorNendor: N/A Funding Source: N/A Poi Amount: N/A Consider an action by the City Manager to execute a declaration of wastewater easement benefiting the Round Rock Retirement Residence. Finance Information Is Funding Required? 0 Yes, No Finance Approval 0Finance x❑Finance ElPurchasing ❑ Budget Initial Construction Contract Construction Contract Amendment # Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount Other (Please clearly identify action on lines below) N/A L. Olsen (by esw) E. Wilson N/A CYD Date Date Date Date 6/7/2005 6/7/2005 6/6/2005 For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: Date: aeDate: Date: T.:N¢S /8/os Date: 6-10-05' Approval is required for all items requesting City Manager's approval. Updated 3-9-05 Request for City Council/City Manager Action 0 City Council E City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Engineering & Development Services Contact Person: Latha Kumar/Laura Flores Project Manager/Resource: Alysha Girard Project Coordinator: Aneil Naik Assigned Attorney: J.Kay Council or City Manager Agenda Date: 06/10/05 Blue Sheet Wording Project Name: N/A ContractorNendor: N/A Funding Source: N/A Amount: N/A Consider an action by the City Manager to execute a declaration of wastewater easement benefiting the Round Rock Retirement Residence. Finance Information Is Funding Required? 0 Yes j No 0 Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Finance Approval 0Finance X❑Finance ❑ Purchasing ❑ Budget Initial Construction Contract Construction Contract Amendment # Change Order # 1 Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Amount Other (Please clearly identify action on lines below) N/A L. Olsen (by esw) E. Wilson N/A CYD Date Date Date Date 6/7/2005 6/7/2005 6/6/2005 For Submission to City Manager Only Project Mgr. Signature: Date: Dept. Director Signature: Date: City Attorney Signature*: Date: City Manager Signature: Date: * Legal Approval is required for all items requesting City Manager's approval. Updated 3-9-05 DATE: SUBJECT: ITEM: Department: Staff Person: Justification: June 6, 2005 City Manager Action Item - June 10, 2005 Consider an action by the City Manager to execute a declaration of wastewater easement for the benefit of Round Rock Retirement Residence off-site wastewater improvements. EDS/Legal Aneil Naik, Engineering Assoc. Steve Sheets and J. Kay Gayle The Wastewater easement is necessary in order to provide access during construction of the wastewater line for the Round Rock Retirement Residence and to control the area around the wastewater line that is needed to meet the utility serviceability requirements. Funding: N/A Cost: N/A Source of funds: N/A Outside Resources: Fisher Hagood, Inc. - Engineer Castleberry Surveying, Ltd. - Surveyor Background Information: Round Rock Retirement Residence has completed the necessary platting procedures with the exception of providing the serviceability requirements in order to be released for recordation by Public Works. With this acquired wastewater easement and the completion of the constructed wastewater line, the serviceability requirements will be met. Public Comment: N/A DECLARATION OF WASTEWATER LINE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That the City of Round Rock, a Texas home -rule municipal corporation (hereinafter called the "Declarant"), has executed this Declaration of Wastewater Line Easement for the purpose of establishing the following exclusive wastewater line easement in, upon, over, under, above and across the following described property in Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes, containing 440 square feet of land out of the J.M. Harrell Survey, Abstract No. 284, being a portion of that tract described as 1.52 acres in a Warranty Deed granted to the City of Round Rock, dated January 24, 1978, and recorded in Volume 699, Page 486 Deed Records of Williamson County, Texas, and said 440 square feet being more particularly described by metes and bounds as indicated; and Also see "Exhibit to Accompany Field Notes" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. The described property is hereinafter referred to as the "Easement". The Easement, rights, and privileges hereby created shall be used solely for the purpose of placing, installing, constructing, operating, repairing, maintaining, inspecting, rebuilding, replacing, relocating, enlarging, and removing a wastewater collection and distribution system with all necessary lines, pipes, conduits, casing, valves, vaults, manholes, ventilators and appurtenances. Except as otherwise stated, the Easement and other rights and privileges hereby created shall be perpetual. 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. EXECUTED this ID day of SUr16 , 2005. DECLARANT: City of Round Rock 00)86959 Cl; -Q_005 Cm- 05-D _10/ 1 James R. Nuse, City Manager 1 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this 10 day of JWJ6 , 2005, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Williamson County, Texas, on behalf of said city. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES Augus1 28, 2005 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. Attn: Stephan L. Sheets 309 East Main Street Round Rock, TX 78664 2 Notary Public, State of Texas FIELD NOTES 0 5 0 5 2 5_ 1 JOB NO: Z:1ProjectsEng\Egpt_04W0527 JM HARRELLVDOCUMENTS\EXHIBIT6_051905.doc DATE: MAY 19, 2005 PAGE: 1 OF 2 (EXHIBIT ATTACHED) 0.01 ACRE (440 SQ.FT.I All that certain tract or parcel of land situated in Williamson County, Texas, out of the J.M. Harrell Survey, Abstract No. 284, and being a portion of that tract described as 1.52 acres in a Warranty Deed granted to the City of Round Rock, dated January 24, 1978, and recorded in Volume 699, Page 486, Deed Records of Williamson County, Texas, and further described by metes and bounds as follows: BEGINNING at a calculated point in the south line of said City of Round Rock tract and in Lot 1, Round Rock West Section Three (Revised), as recorded in Cabinet C, Slides 173-174, Plat Records of Williamson County, Texas, for the southeast corner of this tract, a 1/2" iron pin found for the northeast corner of Lot 1, Park West Corporate Center Section Two, as recorded in Cabinet T, Slides 386-387, of said plat records bears S 56°21'48" E 310.62 feet; THENCE: S 79°59'08" W 15.00 feet with the south line of said City of Round Rock tract and this tract to a calculated point in the south line of said City of Round Rock tract for the southwest comer of this tract; THENCE: N 08°32'47" W 29.34 feet with the west line of this tract and across said City of Round Rock tract to a calculated point in the approximate centerline of Lake Creek and in the north line of said City of Round Rock tract for the northwest corner of this tract; THENCE N 80"13'08" E 15.00 feet with the approximate centerline of said Lake Creek and the north line of said City of Round Rock tract and this tract to a calculated point in the approximate centerline of said Lake Creek and the north line of said City of Round Rock tract for the northeast •corner of this tract; THENCE: S 08°32'47" E 29.28 feet with the east line of this tract and across said City of Round Rock tract to the Point of Beginning and containing 0.01 acre (440 sq.ft.) of land. Bearings cited hereon based on Grid North, Texas State Plane Coordinate System, Central Zone, NAD83(93). Castleberry Surveying, Ltd. 203 South IH 35, Suite 101C Georgetown, Texas 78628 Clyde C. Castleberry, Jr. Registered Professional Land Surveyor No. 4835 CCC/oz i. w„".e ..e a .;(P,� ClYD CASTLEBERPY IR . 4835 " Q f \�.'✓,be +�r EXHIBIT 1 A Page 1 12:19 pm Oscar io a; >, 0 I0 (01 x 1)4 0.1 (11 1- 0 cIa cc rt 5 0 0 a 0( c 11) 0 0 0. N z ce EXHIBIT TO ACCOMPANY FIELD NOTES OF 0.01 ACRE (440 SQ.FT.) OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, WILUAMSON COUNTY, TEXAS. o 5 0 5 2 5 - 1 BEARINGS CITED HEREON BASED ON GRID NOR 17-1, TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD133(9.3). Scale: 1" — 30' 0.01 ACRE (440 sq.ft.) CITY OF ROUND RDCK • X L1 1110r '10 L3 REMAINDER OF LOT 1 iD ROUND ROCK WEST EJECTION THREE MEVIEED) CITY OF ROUND ROCK NUMBER LI L2 L3 L4 .1.1NLIMILE DIRECTION DISTANCE S 08'32'47" E 29.28' N 8013'08" E 15.00 1 ' S 79'59'08" W 15.00' N 0632'47" W 29.34' LEGEND 1/2" IRON PIN FOUND (UNLESS OTHERWISE NOTED) CALCULATED POINT NORTHEAST CORNER OF LOT I. PARK WEST CORPORATE CENTER SECTION TWO. AS RECORDED IN CAB. T. SLOS. 367 P.R.W.C. DEED RECORDS WILLIAMSON CO., TX. PLAT RECORDS WILLIAMSON CO., TX. Castleberry Surveying-, Ltd. 203 South I.H. 35, Suite 101C Georgetown, Texas 78628 (512) 930-1600/(512) 930-9389 fax email: infoOcastleberrysurveying.com EXHIBIT 1 A Page 2 SHEET 2 OF 2 (FIELD NOTES ATTACHED)