CM-05-12-214Request for City Council/City Manager Action
City Council[La] City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Planning Department
Contact Person: Vickie Moreno/Kathy Miller
Project
Manager/Resource: Bernadette Hayes
Project Coordinator: Bernadette Hayes
Assigned Attorney: Veronica Rivera
Council or
City Manager
Agenda Date: City Manager - 12/16/05
Blue Sheet Wording
Partial Release of Lien of a 10 ft public utility easement along the northeast line of Lot 61, Block D, Oak Bluff Estates Phase 2, Williamson County, Texas. (14 Shaded Way, Round Rock,
TX)
For Administration Use ONLY
Tag# Oct,'r;),-"
Documents
Received:
Return to:
Return date:
CC: Lynn Olsen
Project Name: Partial Releae of Lien - 10' P.U.E.
ContractorNendor: N/A
Funding Source:
Amount:
N/A
$0.00
Finance Information
Is Funding Required? [1 Yes Q No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below)
Finance Approval
Finance n/a L. Olsen Date 12/14/2005
Ei Finance E. Wilson Date 12/14/2005
El Purchasing Date
EI Budget Date
For Submission to City Manager Only
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature*:
City Manager Signature:
Date:1Z(l c• / 2-o0
ate: ✓ / y� +�'
Date: f ! _✓
Date: f k -1 (.1 ('1z7.) Updated 3-9-05
Lega
oval is required for all items requesting City Manager's approval.
DATE: December 14, 2005
SUBJECT: City Manager Approval at the December 16, 2005 staff meeting
ITEM: Partial Release of a 10 ft public utility easement along the
northeast line of Lot 61, Block D, Oak Bluff Estates Phase 2, (14
Shaded Way)
Department: Planning Department
Staff Person: Bernadette Hayes / Jim Stendebach
Justification:
The property owner is requesting the partial release of 426.58 square feet of
the 10ft public utility easement.
Funding:
Cost: None
Source of Funds: N/A
Background Information: All the appropriate utility providers have
reviewed the survey and have signed off on
this release.
Updated 3-10-05
Cil}
PARTIAL RELEASE OF
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
6/\(\
ooPS,
bi corf‘
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
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 ELIZABETH DORNEY-WILCOX and
MICHAEL J. WILCOX, 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 that certain final plat recorded in Cabinet F, Slides 253-259, of the Plat Records of
Williamson County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing 426.58 square feet of
land, being a portion of that certain ten (10) foot wide public utility easement shown on
Lot 61, Block D, Oak Bluff Estates, Phase 2, a subdivision of record in Cabinet F, Slides
253-259 of the Plat Records of Williamson County, Texas; and the said 426.58 square
feet of land being more particularly described by metes and bounds as indicated therein.
This instrument is given specifically to release 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 caused this instrument entitled
"Partial Release of Public Utility Easement" to be executed on this the ( Cc day of the month of
f t( tl)1k7CX2005.
Approve . as to form:
Steph. L. heets, City • ttorney
00093617/vr
/. 14
RELEASER:
CITY OF ROUND ROCK, TEXAS
By:
es R. Nuse, City Manager
5
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the I (,./ day of the month of
Der L rnIo e4; 2005, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the
capacity and for the purposes and consideration therein expressed.
AFTER RECORDING RETURN TO:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
r_'
Notary Public, State of Texas
2
EXHIBIT "A"
FIELD NOTES WAKEN 3. DAR2v'EC.LY
42658SQUARE FEET BRENDA INNELLY
VACATION OF PUBLIC UTILITY EASEMENT
426.5& SQUARE FEET OUT OF LOT 61. BLOCK D. OAK BLUFF ESTATES,
PHASE 2, A SUBDIVISION RECORDED IN CABINET F. SLIDE 253, PLAT
RECORDS OF W111..A.MSON COUN sY, TEXAS, AND BEING MORS
PARTICULALRY DESCRIBED BY METES AND BOjT DS AS FOLLOWS:
COMMENCING CING for reference at the northwest corner of saki Lot 61, bei g in the
easterly rigisz-0f-way Tule of Shaded Way and being is the northerly rine of a 10 -foot
wide public utility easement as shown on said plat of Osk Bltu Estates. Phase 2;
'II�'v'C1 S 70°43'20" E, atoms said rtortberiy ime of the pc$Ec ntiEcy casettert, .
distance of77.91 fleet to the POINT OF BEGINNING ofthe herein described tract;
TI-IENCE, S 70°48'20" E, con t nu:ng along said eas=nent ft -e, a dlstapee of 4246 fee to
the nor...P....0 corner herein;
TI�NCE, S 19°14'52' W, a distance of9.06 f=t to an angle point;
THENCE, S 28'06'33' W, a dist ncc <4 0.95 feet to the soutbr:- st corner herein. bei ;n
the sotr.berly line of said utrrity easPt„rrtt;
THE ICE, N 70°48.201 W, :long said southerly =serpent lie, a distance of 43.13 fent to
the southwest cotes h=ein,
THENCE, N 28°35'01" E; a. distai lie of 5.28 feet to acn angle point•,
IHENCE,N 18°51'22" E, adistance of4.81 fest to the POIDIT OFBEGLlNING,
containing 420.58 sgoare feet of land; more or less.
These Eeid notes were prepared using a survey by me dated August 22. 2002 for the
purpose of partiafy va=zing a 10 -foot wale pablie ty crrtert sal is not into. a
for use as a documcat of conn yancc.
Robert E. Hysm"tth
Regist=ed Profession) Land Surveyor No. 5131
State of Tem
08/85/2005 10:27 517""49770
SCALE 1 " = 30 '
COLL-.•Z.L BANKER RR
PAGE 02/07
t0' PUE
PER PLAT
R = 50. 00'
H N 34'41' 20 E
40. 22'
ARC = 41. 39'
LEGEND
1/2' IRON ROD FOUL
• BUILDINNGG LRS SET
• PUSLIC UTILITY ESMT.
ti
35' 8L
PER PLAT
CD IVC
J
N
15' BL
VOL.I305. PG.318
VOL.I684. PG.450
O.P.R.W.0
NG
W�-K
25' 8L
VCt.1305. PG.'_
\ 's
VOL.1684. PG.d=Zt'
\
15' BL
VGL.1305. PG.318
vOL.1684. PG.450
O.P.R.W.C.
NOTES
1. RESTRICTIONS ARE RECORDED
IN VOL.1305. PG.3I8. VOL.I684. PG.450
VOL.1935. PG.956 AND VOL.2190. PG.934 7��
O.P.R.W.0 4%
2. A BLANKET ESMT. TO TEXAS POWER
AND LIGHT RECORDED IN VOL.310. PG.434. G.P.R.W.C.
3. A PARTIAL VACATION OF ESMT. IS RECOROEO IN
DOC. NO.9530794. O.P.R.W.C.
BASIS OP SEARING 20 PEE PLAT
41
y 00
I HEREBY CERTIFY rK4r THE ABOVE SURVEY WAS THIS DAY
.WIDE ON THE GROUNO AND IS TRUE AND CORRECT, AND THAT
THEAGES H4
AREA ENCRORE OAACHLENTS,A MIME UTILITY LINER ROADS
IN:PLACE EXCEPT AS SHOWN HEREON AND SAID PROPERTY HAS
ACCESS TOA D • ATED ROADWAY, EXCEPT AS SHOWN HEREON
R BERT C. HY5MITH RPLS NO. 5131
LATE:. AUGUST 22. 2002
4.0115 IY5WITH
250 *TIM RANCH E9TATII
BORTR*M, TEXAS 71605
(512) 507-0942
PL AT
cp NO. 02030403-0S
EUYE R:WARREN J. DANNELLY 8
BRENDA T. DANNELLY
;TLE COMPANY: LONGHORN TITLE COMPANY
_:G'ALDESCRIPTION LOT 61. $LOCK o
BUFF ESTATES. PHASE 2 A SUBDIVISION
D01'NWi BINET'F C'IXWT�S 2TFXAS59. PLAT
1S EEET, ADDRESS: 14 SHADED: WAY ! y
r S •^.r IS NOr INA SPECIAL nN0ra01NZAR0 ARC4 AS /CENrI4'1EO 97
T.
C't PAWL M40491W 15C Aa-A4TC0: SCPTEI6ER 71. 1491
.JOB N0. DANNELLY t
October 28, 2005
City Manager
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Re: Proposed partial vacation of approximately 44 feet of a 10 foot wide PUE along the NE line of Lot
61, Block D, Oak Bluff Estates, Phase 2, located at 14 Shaded Way, Round Rock, Texas.
Dear Mr. Nuse,
The purpose of this request is to partially vacate the above-described easement in order to remove the
inadvertent encroachment of the home on said lot. After a thorough examination, the respective suppliers of
utility service have no objection to this proposal and have indicated their agreement as indicated by the attached
copy of our Partial Vacation of Easement. Thank you for considering this request.
Sincerely,
ELI ETH DORNEY-W OX
(512 .,.,:a:. • 2- y (, — b 5 I S
7/1,4,1 fb,)
MICHAEL J. WILX
(512) 688-4$ 2 y (o -- U ! S-
I have reviewed the above proposal for utility service purposes, and I have no objections.
James R. Nuse
City Manager
City of Round Rock
F:\CLIENTS\WILCOX, MIKE\EASEMENT RELEASE\CITI OF ROUND ROCK FORM
cd- Y,J• 17)14110 S -
Danny Halden, P.E.
City Engineer
City of Round Rock
218-6610
PARTIAL VACATION OF EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
Easement
Rightholders: CITY OF ROUND ROCK, TXU ELECTRIC, TIME WARNER CABLE, ATMOS
ENERGY, SOUTHWESTERN BELL TELEPHONE, L.P., a Texas Partnership,
d/b/a SBC Texas
Property:
Lot 61, Block D, BLUFF ESTATES PHASE 2, a subdivision in Williamson County,
Texas, according to the map or plat recorded m Cabinet F, Slide 253 of the Plat
Records of Williamson County Texas.
Easement: Ten foot (10') Public Utility Easement as shown on plat recorded in Cabinet F, Slide
253, Plat Records of Williamson County, Texas.
Portion of Easement
to be Vacated:
426.58 square feet out of Lot 61, Block D, Oak Bluff Estates, Phase 2, a
subdivision recorded in cabinet F, Slide 253, Plat Records of Williamson County,
Texas and being more particularly described . by metes and bounds on Exhibit
"A", attached hereto.
The undersigned Easement Rightholders, being all of the parties having any right, title and interest
in and to the Easement, being advised of the encroachment of a single family home located on the Property
over and across the Easement and, more specifically, over and across the Portion of Easement to be
Vacated, and having determined that they do not need to use the Portion of Easement to be Vacated in
order to achieve the purposes for which the Easement was granted, hereby vacate the Easement and release
its effect on the Property only insofar as the Easement lies upon the Portion of Easement to be Vacated.
Partial Release of Easement 1
Executed this
day of , 2005.
TXU ELEC ,RIC
By:
Its:
11121 /� f
ATHERBEE
STATE OF TEXAS §
COUNTY OF W 1 L.LN VI4\ §
This instrument was acknowledged before me on
WEATHERBEE, Tyzy Pt YY)
0Ci 20 , 2005, by CRAIG
on behalf of TXU ELECTRIC.
YH
Notary Public in and for the State of Texas
Partial Release of Easement 4
Executed this 2.154- day of 5 tri w' , 2005.
TIME WARNER C BLE
By:
���� /0
Its:
STATE OF TEXAS
COUNTY OF h'4✓:s §
JOEvIAREK
P (_ Stik2yJSo2
This instrument was acknowledged before me on .�'�e.mbw-
2.1 s+ , 2005, by JOE
MAREK, DGS\C1 SJPe224 Soa- on behalf of TIME WARNER CABLE.
7
Notary Public in and foYthe State of Texas
Partial Release of Easement 5
Executed this 7 day of'
l' , 2005.
ATMOS ENERGY
By:
Its: 4/94 f e r
STATE OF TEXAS
COUNTY OF f,(I 1(a..,..5,,-ry
This trument w cknowledged before me on
PEREZ,((a4
Partial Release of Easement
j gjrt 0.) 7i2 , 2005, by MARTIN
on behalf of ATMOS ENERGY.
ry the State of Texas
ub is m and for
0,,,, ` KATHY BIELSS
_•• • Notary Public, Stale of Texas
My Comrnlsslort Expires
444if,;:tY February 09, 2006
6
Executed this
STATE OF TEXAS
COUNTY OF ‘F,k)S
This instrument was acknowledged before me on SEPT ENS b E g_ . Z 7, 2005, by
' 1t ovr+ct s S . t%', tedirt€ , /i?(s%l - 21/6/e 056'J , on behalf of
SBC TEXAS, L.L.C., a Delaware Limited Liability Company, General Partner of SOUTHWESTERN BELL
TELEPHONE, L.P., a Texas Partnership, d/b/a SBC Texas.
day of
5 ,/„ o , 2005.
SOUTHWESTERN BELL TELEPHONE, L.P., a Texas
Partnership, d/b/a SBC Texas
By: SBC TEXAS, L.L.C., a Delaware Limited
Liability Company, its General Partner
By: 14 Idir
Typed or Printed Name: TNo/s, c5 g• G/./R4/n/7
Its:—aW.,e024e01)
AFTER RECORDING RETURN TO:
LAW OFFICES OF
DOUGLAS A. BOOTH, P.C.
Attorney -at -Law
1301 S. MoPac Expressway, Suite 420
Austin, Texas 78746
�r/ A_ A
Notary ' ubli in and 'P the State of Texas
F:\CLIENTS\WILCOX, MIKE\EASEMENT RELEASE\PARTIAL RELEASE EASEMENT
Partial Release of Easement 7
DOCUMENT PREPARED BY:
LAW OFFICES OF
DOUGLAS A. BOOTH, P.C.
Attorney -at -L aw
1301 S. MoPac Expressway, Suite 420
Austin, Texas 78746
Telephone No.: (512) 477-6893
Telecopier No.: (512) 478-4926
APPLICATION FOR EASEMENT RELEASE
(to be sent to Southwestern Bell Telephone Co,)
1616 Guadalupe St., Rm 503, Austin TX 78701
Jerry Rush 512-870-3283, FAX 512-870-5146, Louis Salm 512-870-5108
Application is hereby made for the release of the following easement(s) as
described below:
The easement(s) is an property legally described as:
Subdivision or Section: Oakbluff Estates, Phase 2
Lot and Block No: Lot 61, Block D
Plat book votume/page: Cabinet F, Slide 253
Street Address: 14 Shaded Way, Round Rock, Texas 78664
Provide common description of the easement requested for release, indicating
the amount of the easement to be released (provide a survey or plat of the area
with the area to be realeased highlighted)
Approximately 426.58 square feet our of said inr.
Pro
se o. per's name: Elizabeth Dorne -Wilcox and Michael J. W' lco
and husband
Mailing address: 14 Shaded Way, Round Rock, Texas 78664
Telephone No: (512) 600-0139
Note; if multiple owners are joining in this request, the complete names, addresses and
phone numbers on each must be attached)
A
s Name: Elizabeth Dor - - . and Michae J
Applicant's Addres$', 14 Shaded Way, Round Rock, Texas 78664
phone: (512) 600-0139 Fax: NJA
The undersigned Owner/Applicant/Agent understands that the processing of this
Easement Release Application will be handled in acdordance with the Procedure for
Requesting Release of Easements established by each utility company. It is further
understood that acceptance of this application does not obligate the City to release the
subject area_
Applicant/e-t:- Elizabeth rney-Wilcox
Michael J. Wilcox
To be sent to: 1616 Guadalupe St., Rm 503, Austin TX 78701 along with'survey plat showing
legal description with volume and page of the property.
Effective Date - January 1, 2005
55