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
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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-
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w
cca
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0
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0
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7
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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