Loading...
CM-06-03-032DATE: SUBJECT: ITEM: March 7, 2006 City Manager Approval at the March 10 staff meeting Partial Release of a 30 ft public utility easement, between Lots 4 and 6 of Hesters Crossing Shopping Center, a subdivision of record in Cabinet H, Slides 221-222 of the Plat Records of Williamson County, Texas. Department: Planning Department Staff Person: Justification: Bernadette Hayes / Jim Stendebach The property owner is requesting to partially release 6,031 sq. ft. of a 30 -foot public utility easement to relieve the inadvertent encroachment by the building footprint on the site. 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. The Legal Department has reviewed and approved the documents. Updated 3-10-05 Request for City Council/City Manager Action 0 City Council City Manager AR 2006 For Administration Use ONLY Received Tag # -Dla-bMC>2- Submit completed form for all City Manager and City Council approvals. Original Documents Received: Department Name: Planning and Community Development Contact Person: Vickie Moreno/Richelle Ginelli Project Manager/Resource: Bernadette Hayes Funding Source: Project Coordinator: Jim Stendebach Amount: Project Name: Hesters Crossing Shopping Ctr - PUE Release Contractor/Vendor: Assigned Attorney: Veronica Rivera Account Number: Blue Sheet Wording Council or City Manager Approval Date: City Manager - March 10, 2006 None None $0.00 None Partial Release of a 30 ft public utility easement, between Lots 4 and 6 of Resters Crossing Shopping Center, a subdivision of record in Cabinet H, Slides 221-222 of the Plat Records of Williamson County, Texas. Finance Information Is Funding Required? Yes [1 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 QOther (Please clearly identify action on lines below) Finance Approval ElFinance ❑ Finance JJPurchasing JBudget n/a L. Olsen E. Wilson N/A CYD Date Date Date Date 3/1/2006 3/1/2006 2/28/2006 Re uired for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Dept. Director Signature: City Attorney Signature . City Manager Signature: Date: Legal Appr. is required for all items. ate: Date: Date: 313 / j cki 5/I 10 Updated 2/16/06 11 i 11 11 11 PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT THE STATE OF TEXAS i 11 iii PAR 5 PGS 2006017979 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 SKY2220, L.P., a Texas limited partnership, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of a 30' public utility easement appearing on that certain plat recorded in Cabinet H, Slides 221-222 of the Plat Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, showing such easement and describing six thousand and thirty-one (6,031) square feet of land, situated in the Jacob M. Harrell League Survey, Abstract No. 284 and being a portion of that certain thirty (30) foot wide public utility easement shown on Lots 4 & 6, Hesters Crossing Shopping Center, a subdivision of record in Cabinet H, Slides 221-222 of the Plat Records of Williamson County, Texas; and the said six thousand and thirty-one (6,031) square feet of land being more particularly described by metes and bounds as indicated; and See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. 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 "g9_,Release of Public Utility Easement" to be executed on this the 3 day of the month of Wain , 2006. Ap.roved as to fo L Steph n L. Sheets, City Attorney 00096118/vr Cnn�olQ_ v;-0.32 RELEASER: CITY OF RD ROCK, TEXAS n 1 ,,7N C By: James R. Nuse, L»vid Kau -f-4 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was a kn wled JkApyj.jA , 2006, by J tee', capacity and for the purposes and consideration therein expressed. ae !JJ m.wiei— ed be o enne on this the $ day of the month of for the CITY OF ROUND ROCK, Texas in the AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 ,uotiree4 /1//f jti x . N •tary Public, State of Texas °gYni. m''• MICHAEL MASON _ WEAVER Notary Public, State of Texas =_,od My Commission Expires % �°� January 31, 2010 2 EXHIBIT "A" 30' WIDE PUBLIC UTILITY EASEMENT VACATION FIELD NOTE DESCRIPTION OF A 6,031 SQUARE FEET TRACT OF LAND OUT OF THE RESTERS CROSSING SHOPPING CENTER SUBDIVISION, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 6,031 SQUARE FEET (S.F.) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL LEAGUE, ABSTRACT NO. 284, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS; SAID 6,031 S.F. TRACT BEING A PORTION OF LOTS FOUR AND SIX, HESTERS CROSSING SHOPPING CENTER, A SUBDIVISION OF RECORD IN CABINET H, SLIDES 221-222, WILLIAMSON COUNTY PLAT RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 6,031 S.F. TRACT BEING A STRIP OF LAND THIRTY FEET (30') IN WIDTH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found in the northerly r.o.w. line of Hesters Crossing Road (an 80 foot wide r.o.w. ), at the common line between Lot Four and Lot Six of said Hesters Crossing Shopping Center; THENCE, North 16°01'06" West — 15.36 feet with the westerly line of said Lot Six, same being an easterly line of Lot Four for the POINT OF BEGINNING of the herein described tract; said point being in the northerly line of a 15 foot wide public utility easement (p.u.e.) as referenced on said Hesters Crossing Shopping Center Subdivision, and from said beginning point run the following six (6) courses and distances: THENCE, through the interior of said Lot Four by courses 1-4 as follows: 1) South 61°31'42" West - 15.36 feet, with the northerly line of said 15 foot wide p.u.e. to a point for the southwest corner of the herein described tract; 2) North 16°01'06" West — 204.36 feet, parallel with and 15 feet perpendicular to the easterly line of said Lot Four, to a point for the northwest corner of the herein described tract; 3) North 73°58'54" East - 30.00 feet to a point for the northeast corner of the herein described tract; 4) South 16°01'06" East — 15.00 feet to a point in the northerly line of said Lot Six, and from which point a'/2 inch iron rod (Control Monument) found marking the northwest corner of said Lot Six bears South 73°58'54" West, at 15.00 feet; THENCE through the interior of Lot Six by courses 5-6 as follows: Page 1 of 3 5) South 16°01'06" East — 182.73 feet, parallel with and 15 feet perpendicular to the westerly line of said Lot Six, to a point in the northerly line of said 15 foot wide p.u.e. for the southeast comer of the herein described tract; 6) South 61°31'42" West - 15.36 feet, with the northerly line of said 15 foot wide p.u.e., to the POINT OF BEGINNING, encompassing within the metes recited 6,031 square feet of land, more or less, as computed by The Wallace Group, Inc. in February, 2005. An exhibit drawing of even survey date herewith accompanies this field note description. I, Vana H. Proffitt, Registered Professional Land Surveyor No. 5779, State of Texas, do hereby certify that this field note description and the exhibit drawing attached hereto were prepared from an actual survey of the property performed on the ground and that the same is true and correct. 02-04-05 Vana H. Proffitt, R.P.L. . #5779 Date The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 Bearing Basis: Easterly line of Lots Four and Six, Hesters Crossing Shopping Center, Cabinet H, Slides 221-222, Williamson County Plat Records, Williamson County, Texas. See attached plat A -RR 4145 18088-FN02-PUE-V acation.doc Page 2 of 3 yr Z � 0a 0 U z a acv O V N moo( O N J N • N 0 U = N m F- U N x C.M. OWNER: SOUTHWESTERN RETAIL PROPERTIES II, LTD. UNE TABLE UNE BEARING LENGTH Lt N 16'01'06" W 15.36 L2 S 61'31'42" W 15.36 L3 N 16'01'06" W 204.36 L4 N 73'58'54" E 30.00 L5 S 16'01'06" E 15.00 L6 S 16'01'06" E 182.73 L7 S 61'31'42" W 15.36 L8 S 73'58'54" W 15.00 7.5' L4 hlik‘ "Nglks wiN k.kbLL 111/4iqkh L2 —J A FIELD NOTE COMMENCING POINT L7 LEGEND • 1/2" IRON ROD FOUND THIS SURVEY RECORD CALL PER CAB. H. SL. BRNG—DIST (BRNG-DIST) W.C.P.R. O.P.R.W.C.T. C.M. P.U.E. 221-222 WILLIAMSON COUNTY PLAT RECORDS OFFICIAL PUBLIC RECORDS OF MASON CONTROL MONUMENT PUBLIC UTILITY EASEMENT CO., TX. LOT FOUR HESTERS CROSSING SHOPPING CENTER CAB. H, SL. 221-222, W.C.P.R. OWNER: SOUTHWESTERN RETAIL PROPERTIES II, LTD. •• •(S 73.58'54" W - 220.74') ,•'. ,•'. ••••••S 73'58'54" W — 220.67'• •. • • • . • ci gfi r a II c 5,420 SQ. FT. 30' P.U.E. VACATION PER DOC. #2002068255 LOT SIX RESTERS CROSSING SHOPPING CENTER CAB. H, SL 221-222, W. C. P.R. OWNER: SKY2220, LP DOC. #2005008288, O.P.R.W.C.T. 6,031 SQ. FT. 30' P.U.E. VACATION LAT BLD SEIBACK LIN PER P 25 PER LAT 15' P.O.E. �.• iso• 51 S (80' 1- J d w cca w z 0 U 0 m 7 0- n N SCALE: > "= 40' —1/2" IRON ROD FND W/ PITTMAN CAP C.M. W ��60.45'�CROSSING IT STERS CR gE 61'31142r (S 61 FIELD NOTE POINT OF BEGINNING r THE WALLACE GROUP, INC. ENGINEERS • PLANNERS • SURVEYORS OLD TOWN SQUARE ONE CHISHOLM TRAIL, SUITE 130 ROUND ROCK, TEXAS 78681 (512-248-0065) (FAX 512-246-0359) 4-05 SEE ATTACHED FIELD NOTE DESCRIPTION 3 OF 3 ff EXHIBIT "A" o'\PROJECTS\18088\dwg\18088-EXH-PUE-VACATIDN.dwg 2/3/2005 6,0313 PM CST 6,031 SQ. FT. 30' P.U.E. VACATION A—RR 4145 P.N.=18088 FILED AND RECURRED OFFICIAL PUBLIC RECORDS 2006017979 03/08/2006 12:06 PM CARRILLO $32.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS E N G 1 N ,E E PLANNE $ U RN E Y 0 R S R 5 R WACO KIL(,EEnN AUSTIN OALLAS RO UND ROCK Brad Bernhard, P.E. RoEtiortC J4ero,i, P.E. Dan Flaherty, Sean Flaherty, R.P.t..S, George luck, A.I.A. Mika Kerhey, P.E., R.11L.5. Kenneth W. Martin, RE_ Mlkq Mae�ky, R.P.L,S, Dotlgtna W, Newport, P.E. Ott'. Maori, R.RL,S, 4¢na, H. Proffitt, R,P.L•5, Warren "Lynn" slmpwn, David P. Smith, RE, Darrell Virdtgry, R.E.'bob" Wallace, RE„ R,P.t,5, Otto E. Wiederhold, Ft. Mark C. Wllliarnc, Andrew Weygandt, P.E. SVINV February 4, 2005 James R. Nuse, City Manager City of Round Rock, Texas 221 E. MainStreet Round Rock, Texas Re: Proposed partial vacation of a 30 foot PUE (6,031 s.f.) along the west line of Lot Six, and along the east line of Lot Four, Hesters Crossing Shopping Center 2220 I.H. 35 South, Round Rock, Texas 78681 Dear Mr. Nuse, The purpose of this request is to vacate a portion of the 30 foot wide.PUE along the current west line of Lot Six, same being an easterly line of Lot Four of Hesters Crossing Shopping Center in conjunction with the amending plat of said subdivision which is relocating the common lot line 30 feet to the west and relocating the north line of Lot Six to be common with Lot Three.. Walgreens is under contract with the Shopping Center owners for construction of a new building and parking areas on Lot 6A of the Amended Plat. The redevelopment would involve placing the building over the PUE. After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing a copy of this letter below_ Thank you for considering this request. Sincpr-ely, VanaI-I. Proffitt, R.P. The Wallace Group, Inc. Ph. (512)248-0065 Fax (512)246-0359 Applicant on behalf of Southwestern Retail Properties II, L.P. and SKY2220, LP, owners of the Shopping Center I have reviewed the above proposal for utility service purposes, and 1 have no objections. Old Town Square One Chisholm Trait Suite 130 Round Rock, Tans 75EiS9 (5'12)240.0065 Fax(672)246-0359 www.wanace-group.com j. -.)L1,-;--)1/4 PG, 7FC806 Danny Halden, P.E. 218-6610 Date City Engineer City of Round Rock * a p� e.� rr,rte. d s n -c �- r 4 (eJ- 4.4\9.. ,,s4 vie ce4,4-. 02/17/2005 THU 15:37 [TX/RX NO 9130] 17j003 02/07/2005 10:56 ENGINEERS PLANNERS SURVEYORS WACO KILL N AUSTIN DALLAS ROUND RACK Brad Bernhard, P.E. Robert Calderon, P.E. Dan Flaherty, R.P,L,S, Seen Flaherty, R.P.L,5, George lesek, A.I.A. Mtke xaehey, P.E., R.P.L.s. Kenneth W Martin, RE. Mitre Murphy, R. P LS. Douglas W Newport, P E. Part Nixon, R.P.1,.5. Vana H. Proffitt, R.P.L.S. Warren •Lynn"5tm,, R.P.L.S David P. Smith, RE, 04001 Vickers. A.I.A. R.E. "Bolt" Wallacq, P.E•, R,P.L,S. Otto 1, Wiedarhold, RE. Mark c Williams, R.ELs. Aadrewweyganclt, RE. Vana H. Proffitt, R. 15123103819 February 4, 2005 James R. Nuse, City Manager City of Round Rock, 'Texas 221 E. Mair( Street Round Rock, Texas ONCOR PMDS PAGE 02 Re: Proposed partial vacation of a 30 foot FUE (6,031 s.f.) along the west line of Lot Sire, and along the east line of Lot Four, Hesters Crossing Shopping Center 2220 LH. 35 South, Round Rock, Texas 78681 Dear Mr. Nuse, The purpose of this request is to vacate a portion of the 30 foot wide PUE along the current west line of Lot Six, .same being an easterly line of Lot Four. of Hesters Crossing Shopping Center- in conjunction with the amending plat of said subdivision which is relocating the common lot line 30 feet to the west and relocating the north line of Lot Six to be comrxron with Lot Three. Walgreens is under contract with the Shopping Center owners for construction of a new building and parking areas on Lot 6A of the Amended Plat. The redevelopment would involve placing the building over the PUE. After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing a copy of this letter below. Thank you for considering this request. Sinc .S. The Wallace Group, Inc. Ph. (512)248-0065 Pax (512)246-0359 Applicant on behalf of Southwestern Retail Properties 11, LP. and SKY2220, LP, owners of the Shopping Center 1ld Town Square One Chisholm Nil Suite 130 Round Rock, Texas 78G61 (512) 248.,0465 Fax (51,21 346.0359 WW W,wal l dt;e-grQ up.+r,n1. Z have reviewed the above proposal for utility service purposes, and I have no objections. Will Nabors 310-3810 ate ATMOS Energy Round Rock District ENGINEERS PLANNERS SURVEYORS WACO KILLEEN AUSTIN DALLAS ROUND ROCK Brad Bernhard, P.E. Robert Calderon, P.E. Dan Flaherty, R.P.L.S. Sean Flaherty, R.P.L.S. George iezek, A.I.A. Mike Keahey, P.E., R.P.L.S. Kenneth W. Martin, P.E. Mike Murphy, R.P.L.S. Douglas W. Newport, P.E. Dan Nixon, R.P.L.S. Vana H. Proffitt, R.P.L.S. Warren "Lynn" Simpson, R.P.L.S. David P. Smith, P.E. Darrell Vickers, A.I.A. R.E. "Bob" Wallace, P.E., R.P.L.S. Otto E. Wiederhold, P.E. Mark C. Williams, R.P.L.S. Andrew Weygandt, P.E. February 4, 2005 James R. Nuse, City Manager City of Round Rock, Texas 221 E. Main Street Round Rock, Texas Re: Proposed partial vacation of a 30 foot PUE (6,031 s.f.) along the west line of Lot Six, and along the east line of Lot Four, Hesters Crossing Shopping Center 2220 I.H. 35 South, Round Rock, Texas 78681 Dear Mr. Nuse. The purpose of this request is to vacate a portion of the 30 foot wide PUE along the current west line of Lot Six, same being an easterly line of Lot Four of Hesters Crossing Shopping Center in conjunction with the amending plat of said subdivision which is relocating the common lot line 30 feet to the west and relocating the north line of Lot Six to be common with Lot Three. Walgreens is under contract with the Shopping Center owners for construction of a new building and parking areas on Lot 6A of the Amended Plat. The redevelopment would involve placing the building over the PUE. After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing a. copy of this letter below. Thank you for considering this request. Vana H. Proffitt, R.P.L.S. The Wallace Group, Inc. Ph. (512)248-0065 Fax (512)246-0359 Applicant on behalf of Southwestern Retail Properties II, L.P. and SKY2220, LP, owners of the Shopping Center I have reviewed the above proposal for utility service purposes, and I have no objections. Old Town Square One Chisholm Trail Suite 130 Round Rock, Texas 78681 (512) 248-0065 Fax (512) 246-0359 www.wailace-group.com 244-5CGi z—�_ Purl-E.+14ns/Craig Weathersbee 310- 381 Date Oncor Round Rock District 02/09/05 12:29 FAX 4854092 E N GINEERS P 1 ANN SU RVEYORS WACO Kit LEkN AUSTIN DALLAS ROUND ROCK February 4, 2005 James R. Nuse, City Manager City of Round Rock, Texas 221 E. Main Street Round Rock, Texas TIME WARNER CABLE _ - A U002/002 e: Proposed partial vacation of a 30 foot PUE (6,031 along the west line of Shopping Lot Six, and along the east line of Lot Four, lleste Crossing 22201.1.35 South, Round Rock, Texas 78681 — — — — - Center ()rad ecrnhard, EE. RobdrtCald+,ron, P.E. Dan t•laherty. R_P.L.S. 54ae Flaherty, George lock, A,I,A- Mikc Kenhey, RL, Kenneth W. Murtn, P.f. MN. Murphy, R. 2L-5. Dou6las W. **pert, P.E. pan Nixon, R.P.L,S. Vona H. Proffitt. RAI .S. W*N«n 'Lynn', Simpson, R.P.L.5. David R 5mkhr RE. Darrell M anrs, R.E, "Rob' %Om, PE,, R.P.L.5. Qrto E. W.4 dC UJld, P.E. Mark C. Williarna, R.EL.S, AndrinvWeygurd4 RE, Dear Mr. Nuse, ThePurP ose of this request is to vacate a portion of the 30 foot wide PUE along ters he current west line of Lot Six, same being an easterly line °f Lot Four of He of said subdivision Shopping Center in conjunction with the amending plat which is relocating the common lot line 30 feet to the west and relocating the north line of Lot Six to be common With Lot Three. Walgreens is under contract the Shopping ing Center owners for construction of a new building and parking areas din on Lot 6A of the Amended Plat. The redcvelopinent would involve placing the service ver e the PUE. After a thorough examination, the respective suppliers of unlit signingrvia have no objection to this proposal and have indicated their by copy of this letter below. Thank you for considering this request. Sincerely, — Vana H. Proffitt, R.P.L. - The Wallace Group, Inc. —. .- Ph_ (512)248-0065 fax (512)246-0359 _. Applicant on behalf of Southwestern Retail Properties I1, LP. and SKY2220, LP, owners of the Shopping Center I have reviewed the above proposal for utility service purposes, and I have no — -- objections: Joe M• k Time Warner Cable Old Town $qu-a c Ona Chishaltu Trail Suite 130 Round Rock, Texas 78681 (512) 248-Q065 Fax (512)246-0319 www.wallace.group.com o5 485-6357 Date STATE OF TEXAS COUNTY OF WILLIAMSON RELEASE OF EASEMENT WHEREAS, the plat of Lots 4 and 6, Hesters Crossing Shopping Center, Round Rock, Texas, a subdivision in the County of Williamson, of record in Cabinet H, Slides 221-222, of the Plat Records of Williamson County, Texas, and said record reflects a 15 foot PUE on either side of the common side property lines of said lots, of said subdivision, and as applicant requests the release of said easements on said lots, said lots being located at the address locally known as 2220 South IH35, AND WHEREAS, all utilities are in place within other dedicated easements on said lots and no further need exists for the above easements as reflected on said plat: NOW, THEREFORE, in consideration of the -premises and in order to adjust because of proposed encroachment upon these easements, the undersigned do hereby abandon all right, title and interest in and to these easements, as described, in the above addressed lots in said subdivision. EXECUTED this13141_,day of February 2005. MGR. -ENG. DESIGN SOUTHWESTERN BELL TELEPHONE, L.P., a Texas limited partnership, d\b\a Southwestern Bell Telephone Company By: SWBT TEXAS, L.L.C., a Delaware limited liability company, its general partner BEFORE ME, the undersigned authority, on this day personally appeared Michael Thurman, Manager -Engineering Design, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration there expressed, as the act and deed of SOUTHWESTERN BELL TELEPHONE COMPANY and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE�day of February2005. Notary Pylic, St of Texas My commission expires