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CM-06-03-045THE STATE OF TEXAS COUNTY OF WILLIAMSON IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PAR 4 PGS PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT 2006026360 KNOW ALL BY THESE PRESENTS: 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 ROUND ROCK RETIREMENT RESIDENCE, 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 10' public utility easement appearing on that certain plat recorded in Cabinet AA, Slide 269 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 two thousand five hundred and fifty-one (2,551) square feet of land, being a portion of that certain ten (10) foot wide public utility easement shown on Lot 1, Block A, Final Plat of Lot 1, Block A, Round Rock Retirement Residence, a subdivision of record in Cabinet AA, Slide 269 of the Plat Records of Williamson County, Texas; and the said two thousand five hundred and fifty-one (2,551) 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 ca ahis instrument entitled "Partial Release of Public Utility Easement" to be executed on this the day of the month of {'e,h , 2006. Approved as to form: Steph. L. Sheets, City Attorney 000961 16/vr CM -0(&-03-045 RELEASER: CITY OF ROUND ROCK, TEXAS By: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON Nuse, City Manager This instrument was acknowledged before me on this the [ day of the month of k JLcR , 2006, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. MICHAEL MASON WEAVER • Notary Public, State of Texas s r My Commission Expires January 31, 2010 AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. O 309 East Main Street Round Rock, Texas 78664 Not Public, State of Texas 2 FIELD NOTES JOB NO: Z:1Projects_Eng\Eget 0440527_JM_HARRELL\DOCUMENTS\EXHIBIT PUE VACATE_011206 .doc DATE: January 12, 2006 PAGE: 1 OF 2 (Exhibit Attached) 0.06 ACRE (2551 sq. ft.) 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 Lot 1, Biock A, Final Plat of Lot 1, Block A, Round Rock Retirement Residence, a subdivision in Williamson County, Texas as recorded in Cabinet AA, Slide 269, Plat Records, Williamson County, Texas and further described by metes and bounds as follows: BEGINNING at a calculated point in the south line of Lot 1, The Commons, a subdivision in Williamson County, Texas, as recorded in Cabinet G, Slide 81, said plat records and the north line of said Lot 1, Block A (AA/269), for the northeast corner of this tract, from which a %" iron pipe found in the west tine of Chisholm Trail Road, for the northeast corner of said Lot 1, Block A (AA/269) and the southeast corner of said Lot 1, The Commons, bears N 83°39'50" E 5.27 feet; THENCE: S 11°03'07" W 510.54 feet into and across said Lot 1, Block A (AA/269) with the east line of this tract, to a calculated point in the north line of that tract described as 9.09 acres in a Warranty Deed With Vendor's Lien With Seller's Financing granted to Central Baptist Church of Round Rock, dated April 1, 1999, and recorded as Document No. 99923075, Official Records of Williamson County, Texas and the south line of said Lot 1, Block A (AA/269) for the southeast corner of this tract, from which a %' iron pin found in the west line of Chisholm Trail Road, for the southeast corner of said Lot 1, Biock A (AA/269), bears N 87°53'41" E 5.13 feet; THENCE: S 87°53'41" W 5.13 feet with the north line of said Central Baptist Church tract, the south line of said Lot 1, Biock A (AA/269) and this tract, to a calculated point for the southwest comer of this tract THENCE: N 11°03'07" E 510.04 feet into and across said Lot 1, Block A (AA/269) with the west line of this tract, to a calculated point in the south line of said Lot 1, The Commons, and the north line of said Lot 1, Block A (AA/269), for the northwest corner of this tract; THENCE: N 82°39'50" E 5.27 feet with the south line of said Lot 1 The Commons, north line of said Lot 1, Block A (AA/269) and this tract to the Point of Beginning and containing 0.06 acre (2551 sq. ft.) of land. Bearings cited hereon based on Grid North, Texas state Plane Coordinate System, Central Zone NAD83(93) Castleberry Surveying, Ltd. 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 Pa P. ( CLYDE C. CA i _ j f RP, .iP. R4, IL u S 1.,J i Clyde C. Castleberry, Jr. Registered Professional Land Surveyor No. 4835 CCC/adm L_ O T THE ./C iiiiii0, S ..AE3. 0., S L. 81 . .R....... 'EXH1210.06 ACRES (2551 SQ. FT) OUT OF THE J.M. HARRELL SURVEY, ABSTRACT No. 284 AND BEING A PORTION OF THAT TRACT DESCRIBED AS LOT 1, BLOCK A, FINAL PLAT OF LOT 1, BLOCK A, ROUND ROCK RETIREMENT RESIDENCE, RECORDED IN CABINET AA, SLIDE 269, PLAT RECORDS WILIJAMSON COUNTY, TEXAS. LEGEN D NUMBER O 5/8" IRON PIPE FOUND L1 • 5/8" IRON PIN FOUND L2 + CALCULATED POINT L3 O.R.W.C. OFFICIAL RECORDS WILLIAMSON CO. P.R.W.C. PLAT RECORDS WILLIAMSON CO. REMAINDER OF [_0T 1, E3:_OC:K A, FINAL PLAT OF LOT 1, BLOCK A, ROUND ROCK, RETIREMENT RE5IDENC.E, C:AE3. AA, 51.0. 269 P.f<.GV.C:. UNE TABLE NUMBER DIRECTION DISTANCE L1 S 8753'41" W 5.13' L2 N 82'39'50" E 5.27' L3 N 8739'50" E 5.27' L4 N 8753141" E 5.13' RECORDERS MEMORANDUM All or puts of the text on this page was not cleuly legible for satisfactory mooRdeion. CENTRAL BAPTIST CHURCH of ROUND ROCK 00C:# E399 23C3: ii 0 R.'tiJ.... Li / 1 / 1 1 1 L4 / n T L2 1 / 1 1 / / 1 1 1 / 1 / 3 / 0.06 ACRES (2551 sq.ft.) / / 1 1 1- L4 O 1 / 1 / SCALE: 1"...50' Bearings cited hereon based on Grid North, Texas State Plane Coordinate System. Central Zone (NAD 83/93). FIELD NOTES ATTACHED 3613 NRIUarne Drive. Suite 903 Georgetown. Texas 78628 012) 0-1600/(512) www aaetlebsrryeurveyt g. om fax SHEET 2 OF 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006026360 04/04/2006 04:24 PM PAUL $28.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS JAN 17 2006 5:14PM FISHER HAGOOD, INC. (512) 244-1010 January 17, 2006 Mr. Jim Nuse City Manager City of Round Rock 221 E. Main Street Round Rock, TX 78664 RE: Proposed partial release of 5 feet of a 10 foot wide PUE along the East line of Lot 1, Block A Round Rock Retirement Residence, a subdivision in Williamson County, Texas. (see attached map). Dear Mr. Nuse: The purpose of this request is to partially release the westernmost portion of the existing 10 foot wide PUE to relieve the inadvertent encroachment by landsca in and a rock retainina`walli, After a thorough examination the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request. Sincerely, Butte Land & Cattle Company, LLC (Phone Number) I have reviewed the above proposal for utility service purposes and I have no objections. Paul Elkins/Craig Weatherbee 310-3881 Joe Marek 485-6357 Oncor, Round Rock District Time Warner Cable (4_ ' 4 • army Halden, P.E. 218-6610 Will Nabors 310-3810 City Engineer ATMOS Energy City of Round Rock Round Rock District 01/17/2006 TUE 16:19 [TX/RX NO 6495] 17j003 01/20/06 11:36 FAX 4854092 TIME WARNER CABLE A 0002/002 JAN 17 2006 5: 51 PM FISHER HRGOOD, INC. January 17, 2006 Mr. Jim Nuse City Manager City of Round Rock 221 E. Main Street Round Rock, TX 78664 (512) 244-1010 p.3 RE: Proposed partialrelease of 5 feet of a 10 foot wide PT.JE along the East line of Lot 1, Block A Round Rock Retirement Residence, a subdivision in Williamson County, Texas. (see attached map). Dear Mr. Mase: The purpose of this request is to partially release the westernmost portion of the odsting 10 frat wide PUP. to relieve the inadvertent encroachment by Iondscapigg and a rock retaining wall. After a thorough examination the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering #his request. Sincerely, Butte Land & Cattle Company, LLC (Phone Number) I have reviewed the above proposal for utility service purposes and 1 h ve o o ► • tis. Paul Elkins/Cram Weatherbee 310-3881 a'oe r . - 485-6357 Oncor, Round Rock District Time Warner Cable Danny Heiden, P,E. City Engineer City of Round Rock 218-6610 Will Nabors 310-3810 ATMOS Energy Round -Rock District Jan. 18. 2006 3:34PM ATMOS ENERGY 5123103819,. „inn Jl t tuu J: GVI III . s....._.; .‘..........7 ....... January 17, 2006 Mr. Jim Nuse City Manager City of Round Rack 221 E. Main Street Round Rock, TX 78664 (512) 244 00. 0321 P. 1 P . 3 RE: Proposed partial release of 5 feet of a 10 foot wide ME along the East line of Lot 1, Block A Round Rock Retirement Residence, a subdivision in Williamson County, Texas. (see attached map). Dear Mr. Nuse: The purpose of this request is to partially release the westernmost portion of the existing 10 foot wide PUE to relieve the inadvertent encroachment by landscaping and a rock retaining wall. After a thorough examination the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request. Sincerely, Butte Land & Cattle Company, LLC (Phone Number) I have reviewed the above proposal for utility service purposes and I have no objections. Paul EL /Craig Weatherbee 310-3881 Oncor, Round mock District Danny Malden, P.E. City Engineer City of Round Rock 218-6610 Joe Marek Time Warner Ca le OS Energy Round Rock District January 17, 2006 Mr. Jim Nuse City Manager City of Round Rock 221 E. Main Street Round Rock, TX 78664 RE: Proposed partial release of 5 feet of a 10 foot wide PUE along the East line of Lot 1, Block A Round Rock Retirement Residence, a subdivision in Williamson County, Texas. (see attached map). Dear Mr. Nuse: The purpose of this request is to partially release the westernmost portion of the existing 10 foot wide PUE to relieve the inadvertent encroachment by landscaping and a rock retaining wall. After a thorough examination the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request. Sincerely, Butte Land & Cattle Company, LLC (Phone Number) I have reviewed the above proposal for utility service purposes and I have no objections. Liscriwe-zse. '�`auIB41 r /Craig Weatherbee 3443■3.6$-1 Joe Marek 485-6357 X 1 , Round Rock District 244-5(.s/ Time Warner Cable Danny Halden, P.E. City Engineer City of Round Rock 218-6610 Will Nabors ATMOS Energy Round Rock District 310-3810 STATE OF TEXAS COUNTY OF WILLIAMSON PARTIAL RELEASE OF EASEMENT WHEREAS, the plat of Lot 1, Block A, Round Rock Retirement Residence, Round Rock, Texas, a subdivision in the County of Williamson, of record in Cabinet AA, Page 269, of the Plat Records of Williamson County, Texas, and said plat records reflect a 10 foot PUE on the Eastern property line of said lot, adjacent to Chisholm Trail Road, and as applicant requests partial release of said easement on said lot, affecting the inner 5 feet of said easement, said lot being located at address locally known as 310 Chisholm Trail Road; AND WHEREAS, all utilities are in place within other dedicated easements on said lot and no further need exists for the above part of said easement as reflected on said plat: NOW, THEREFORE, in consideration of the premises and in order to adjust because of a proposed encroachment upon this easement, the undersigned do hereby abandon all right, title and interest in and to this partial easement, as described, in the above addressed lot in said subdivision. EXECUTED this 17 day of January 2006. MGR.-ENG.DESIGN 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 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 1 Sa day of January 2006. P. e�. NORMA CHALMERS amu `* NOTARY PUBLIC State of Texas s''..f3 ;+'Comm. Exp. 10-27-2009" fii2AA,,, Notary Public, State of Texas My commission expires /0 •,XlZAkri - Request for City Council/City Manager Action 0 City Council o City Manager Submit completed form for all City Manager and City Council approvals. Original Documents Received: Department Name: Planning and Community Development Project Name: RR Residence - Partial Release of PUE Contact Person: Vickie Moreno/Richelle Ginelli ContractorNendor: Project Manager/Resource: Bernadette Hayes Project Coordinator: Bernadette Hayes Assigned Attorney: Stephen L. Sheets Council or City Manager Approval Date: Blue Sheet Wording Funding Source: Amount: Account Number: City Manager - March 24, 2006 NA NA $0.00 NA Partial Release of a 10 foot PUE (Public Utility Easement), located in Lot 1, Block A, Final Plat of Lot 1, Block A, Round Rock Residence, recorded in Cabinet AA, Slide 269 of the Plat Records of Williamson County. Finance Information Is Funding Required? E Yes D` No Finance Approval Finance EDFinance JPurchasing El Budget Initial Construction Contract Construction Contract Amendment # Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. Ag # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Other (Please clearly identify action on lines below) n/a L. Olsen N/A E. Wilson N/A CYD Amount Date 3/22/2006 Date 3/21/2006 Date Date 3/21/2006 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: * Le proval is required for all items. Date: ?i JD 4 ate: _ Dater_ Date: 7 ` i�-0 Lf' Updated 2/16/06 DATE: March 21, 2006 SUBJECT: City Manager Approval at the March 24, 2006 staff meeting ITEM: Partial Release of a 10 ft public utility easement, located in Lot 1, Block A, Final Plat of Lot 1, Block A, Round Rock Residence, recorded in Cabinet AA, Slide 269 of the Plat Records of Williamson County. Department: Planning Department Staff Person: Justification: Bernadette Hayes / Jim Stendebach The property owner is requesting to partially release 2,551 square feet of a 10 -foot public utility easement to relieve the inadvertent encroachment by the future development 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. Updated 3-10-05