CM-07-08-185Request for City Council/City Manager Action
0 City Council o City Manager
Submit completed form for all City Manager and City Council approvals.
For Administration Use ONLY
Receive
Department Name: Planning and Community Development
Contact Person:
Project
Manager/Resource:
Project Coordinator:
Assigned Attorney:
Blue Sheet Wording
Vickie Moreno/Richelle Gonelli
Lee Heckman
Diane Buck
Stephen L. Sheets
Council or City Manager Approval Date:
Project Name:
ContractorNendor:
Funding Source:
Amount:
Account Number:
City Manager - August 10, 2007
Tag #
Original Documents Received: '
Quitclaim Release of Public Utility Easement
NA
NA
$0.00
NA
Quitclaim Release of an 80 -ft public utility easement along the east line of Lot 1, Block 1, HEB#4 Subdivision, a subdivision of record in Cabinet Z, Slide 83,
of the Plat Records of Williamson County, Texas, also known as 1700 E. Palm Valley Blvd.
Finance Information
Is Funding Required? C Yes El No
Finance Approval
0 Finance
X❑ Finance
JPurchasing
❑ 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)
Amount
E. Wilson
Date
Date
Date
Date
8/8/2007
Required for Submission ofLLCity Counci and Ci+ -r Items
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature'
City Manager Signature:
AP
Leg lava, is required for all items.
DateowoajC\ 7
Date: ✓ ttt
Dat-.
Date:
,7
Updated 2/16/06
QUITCLAIM RELEASE OF
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That this QUITCLAIM RELEASE OF PUBLIC UTILITY EASEMENT is given by 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 HEB GROCERY COMPANY, L.P., the receipt and sufficiency of
which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -
described 80 -foot public utility easement as granted or otherwise retained or acquired in that certain Deed
Without Warranty recorded as Document Number 2006010504, Official Records of Williamson County,
Texas, to -wit:
See Exhibit "1" being that certain Deed Without Warranty recorded as Document
Number 2006010504 and accompanying Exhibit "A," attached hereto and made a part
hereof.
See Exhibit "2" describing 80 -foot Public Utility Easement, along the east line of Lot 1,
Block 1 HEB# 4 Subdivision at 1700 E. Palm Valley Blvd. granted or otherwise retained
or acquired pursuant to the Deed Without Warranty recorded as Document Number
2006010504 in the Official Public Records of Williamson County, Texas, attached
hereto and made a part hereof..
IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instru ent entitled
"Release of Public Utility Easement" to be executed on this the 1 0day of the month of C� ((!,� (1;C
2007.
Apprv-d as to form:
Stepha
Sheets, City Attorney
RELEASER:
CITY OF ROUND ROCK, TEXAS
By:
00119162.doc/ps
0114.0760
es R. Nuse, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the /�{`day of the month of
, 2007, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the
capaciey and for the purposes and consideration therein expressed.
Notary P
AFTER RECORDING RETURN TO:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
lic, State of Texas
2
06/2900011 1:' 04 11 AX S,d t:rx(+hu; YI'11 tn).i nm
JUN ?9 ?000 TIIU :(
STATE OF TEXAS
COUNTY OF WILLIAMSON
l'AX NO. !)1 904 2235
DEED WIT1IO1.1T WARRANTY
urcu
7 pcs
2006010504
IA 002/008
P. 0?
THE STATE OF TEXAS, acting through the Texas Transportation Commission and on behalf of
the l'exas Department of Transportation, hereinafter referred to as Grantor, pursuant to Minute
Order No. 110374 passed by the Texas Transportation Commission on December 15, 2005, as shown by
the official minutes of the Texas Transportation Conunission, in consideration of the sum of
TWO HUNDRED FORTY-THREE THOUSAND NINE HUNDRED THIRTY-SIX ANT) NO/100
DOLLARS ($243,936.00) to Grantor in hand paid by HEB GROCERY COMPANY, LP, hereinafter
referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed and
for which no lien is retained, either express or implied, has this day Sold and by these presents does
Grant, Bargain, Sell arid Convey unto Grantee all of Grantor's rights, title and interest in and to that
certain tract or parcel of land situated in Williamson County, Texas, said land being more particularly
described in Exhibit A, attached hereto and made a part hereof; SAVE AND EXCEPT, however, there is
excepted and reserved herefrom all of Grantor's rights. titles and interests, if any, in and to all of the oil.
gas, sulphur and other minerals, of every kind and character, in, on, under and that may be produced from
the property described in Exhibit A, but Grantor waives all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same, provided, however, that
operations for exploration or recovery of any such minerals shall be permissible so long as all surface
operations in connection therewith are located at a point outside of said property.
Anything herein to the contrary notwithstanding, this Deed Without Warranty is made subject to the
continued rights of existing utilities, if any, as provided by law, and any required adjustment will be at no
Cost to Grantor. In addition, this conveyance is subject to all matters of public record and to all
easements, leases, agreements or licenses, or other interests which affect the property, and to any matter
which would be disclosed by title examination, survey, investigation or inquiry, including but not limited
to the rights of parties in possession.
BY THE ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES
THAT GRANTEE HAS THOROUGILLY INSPECTED AND EXAMINED THE PROPERTY TO
THE EXTENT DEEMED NECESSARY BY THE GRANTEE IN ORDER TO ENABLE THE
GRANTEE TO EVALUATE THE PURCHASE OF THE PROPERTY. GRANTEE
REPRESENTS THAT GRANTEE IS RELYING SOLELY ON GRANTEE'S OWN EXPERTISE
AND THAT OF ITS CONSULTANTS, AND THAT GRANTEE HAS CONDUCTED SUCH
INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT
LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS
RELYING UPON SAME, AND HEREBY ASSUMES THE RISK OF ANY ADVERSE
MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY
GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON
AN "AS IS, WHERE IS" AND "WLTEI ALL FAULTS" BASIS, WITHOUT
REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY
KIND OR NATURE. GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND
PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR •
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IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WATCH MAY HAVE BEEN
DEEMED TO HAVE BEEN MADE OR GIVEN, BY GRANTOR. GRANTEE HEREBY
ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT GRANTOR SHALL NOT BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER
DAMAGES) RESULTING OR ARISING FROM GRANTEE'S USE, MAINTENANCE, REPAIR.,
OR OPERATION OF THE PROPERTY.
WITHOUT LIMITING TIIE GENERAL PROVISIONS ABOVE, IT IS UNDERSTOOD AND
AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR
IMPLIED, AS TO (a) MATTERS OF TITLE; (b) ZONING; (c) TAX CONSEQUENCES; (d)
PHYSICAL OR ENVIRONMENTAL CONDITIONS; (e) AVAILABILITY OF ACCESS,
INGRESS OR EGRESS; (f) OPERATING HISTORY OR PROJECTIONS; (g) VALUATION; (b)
AVAILABILITY AND ADEQUACY OF UTILITIES; (I) GOVERNMENTAL APPROVALS; (j)
GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO
OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (1) THE
VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY,
SUITABILITY, OR FITNESS OF THE PROPERTY FOR A PARTICULAR USE OR PURPOSE;
(2) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY,
INCORPORATED INTO ANY OF THE PROPERTY; AND (3) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE FURTHER
EXPRESSLY ACKNOWLEDGES AND AGREES THAT GRANTOR IS NOT REPRESENTING
OR WARRANTING THAT ANYTHING CAN OR WILL BE ACCOMPLISHED THROUGH
GRANTEE'S OR GRANTOR'S EFFORTS WITH REGARD TO THE PLANNING, PLATTING
OR ZONING PROCESS OF ANY GOVERNMENTAL AUTHORITIES, BOARDS OR
ENTITIES. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT
WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE PROPERTY NOW OR IN
THE FUTURE WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY
CODE, ENVIRONMENTAL LAW OR REGULATION OF ANY STATE OR FEDERAL
AUTHORITY OR JURISDICTION.
This Deed Without Warranty is expressly made by Grantor and accepted by Grantee without any
warranty of title of any kind, oral or written, express or implied, whether existing by common law or by
statute or any other manner. Grantee expressly agrees that the implied covenants set forth in
Section 5.023 of the Texas Property Code are not applicable to this Deed Without Warranty.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in any wise belonging unto said Grantee and Grantee's heirs, successors and
assigns forever, subject to the reservations and exceptions described herein.
2
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IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed.
l
Executed this the 1 4 day of
oger Williams
Secretary of State
3 jw , 200 .
3
RICK PERRY
GOVERNOR OF TE
Recommended for Approval:
WJ004/006
P. 04
Approved.:
Michael W_ Behrens, P.E.
Executive Director
Greg Abbott
Attorney General
B
lack McGaffe
Assistant Attorney
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EXHIBIT A
County: Williamson
Tract No.: 2 - H.E.B. Tract
Highway: FM 1460
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FAX NO. 512 404 2235
Page 1 of 4
PROPERTY DESCRIPTION FOR TRACT 2 - H.E.B. TRACT
DESCRIPTION OF A 1.400 ACRE TRACT OF LAND LOCATED IN THE P. A. HOLDEN
SURVEY, ABSTRACT No.297, IN WILLIAMSON COUNTY, TEXAS. AND BEING A
PORTION OF OLD F. M. 1460, SAID 1.400 ACRE TRACT, AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 'h" iron rod found 4137 feet right of old F. M. 1460 centerline station
449+2929, being on the intersection of the west right-of-way line of said old F. M. 1460 and the
south right-of-way line of Plateau Vista Blvd., for the northeast corner of Lot 1, Block 1,
H.E.B. #4 Subdivision. a subdivision recorded in Cabinet Z, Slides 83 - 84 of the Plat Records of
said county, for the most northerly corner and POINT OF BEGINNING hereof, from which a
'/" iron rod found on the intersection of the west right-of-way line of new F. M. 1460 and the
north right-of-way line of said Plateau Vista Blvd. hears, N 20° 42' 26" E for a distance of
6537 feet;
1. THENCE through the right-of-way of said old F. M. 1460, 5 03° 24' 54 E fora distance
of 200.02 feet to a type II brass disc found 40.01 feet left of said old F. M. 1460
centerline station 451+11.92, being on the intersection of the east right-of-way line of
said old 1?. M. 1460 and the west right-of-way line of said new F. M. 1460, being the
north comer of a called 1.674 acre tract of land as described in that deed to HER Grocery
Company, LP and recorded in Document No. 2003099491 of the Official Public Records
of said county, for an angle point hereof, from which a type II brass disc found on the
west right-of-way line of said new F. M. 1460 bears. S 02°24' 16" E for a distance of
3.97 feet;
2. THENCE with the east right-of-way of sajd old F_ M. 1460. same being in part with the
west line of said 1.674 acre tract, S 20°38' 55 W for a distance of 634.56 feet to a
calculated point 40.08 feet left of said old F. M. 1460 centerline station 457+46.48,
being the southwest corner of said 1.674 acre tract, for the southeast comer hereof, from
which a 'h" iron rod found beats, N 87°28' 32' E fora distance of 0.26 feet;
3. THENCE through the right-of-way of said old F. M. 1460, S 87° 28' 32 W fora distance
of 89.66 feet to a !h" iron rod set with "Raker-Aicklen" Cap 42.34 feet right of said old
005/008
P. 05
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F. M. 1460 centerline station 457+81.77, being on the east line of said Lot 1, same being
the west right-of-way line of said old F. M. 1460. for the southwest corner hereof, from
which a TxDOT type I concrete monument found on an angle point on the west right-of-
way line of said old F. M. 1460, same being the cast line of said Lot 1 bears,
S 20°42' 26" W fora distance of 290.23 feet;
4. THENCE with the west line of said old F. M. 1460, same being the east line of said
Lot 1, N 20" 42' 26" E for a distance of 852.48 feet to the POINT OF BEGINNING
containing 1.400 Acre of land more or less.
All bearings are based on the Texas State Plane Coordinate System. Cemral Zone, NAD 83
(HARN '93).
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
}
} KNOW ALL MEN 13Y THESE PRESENTS:
}
That I, Margaret A. Nolen, a Registered Professional Land Surveyor, do hereby certify
that the above description is true and correct to the best of my knowledge and belief and that the
property described herein was determined by a survey made on the ground under my direction
and supervision.
WITNESS MY HAND AND SEAL, at Round Rock, Williamson County, Texas this the
284' day of July, 2005 A.D.
RAKER-AICKLEN & ASSOC., INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
Margaret A. Nolen
Registered Professional Land Surveyo
No. 5589 — State of Texas
W:1PROJECTS\LEWISJROW SL'RPLUSSMETES AND 6otJNDS1LE'WTS ROW SURPLUS 03doc
11..6 r+wco[.l
-re ZS Pc 4i)L Tru�30064a4.,o
P. o. '(Drawt vt is ki 2t NSA S
AJS�.`T )t -16i --547..G
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R.O.W_
TXDOT
0.P.R.W.C.T.
P.R.W.C.T.
P.O.D.
LEGEND
4 SA -Fax
FAX NO. 512. 404 2235
SEE PAGE 4 OF 4
MATCHLINE
TYPE I CONCRETE MONUMENT FOUND
I/2" IRON ROO FOUND
TYPE 11 BRASS DISC FOUNO
CALCULATED POINT
600 NAIL FOUNO
,/2" IRON ROD SET
WITH "BAKER-AICKLEN' CAP
RIGHT-OF-WAY
TEXAS DEPARTMENT Or TRANSPORTATION
OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS or
WILLIAMSON COUNTY. TEXAS
POINT OF BEGINNING
457.81.77
42.34' RI
N
NOTES:
1) ALL BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, CENTRAL
ZONE SAO '83 (HARN '93)
2) THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT. THERE MAY BE
EASEMENTS OR OTHER INSTRUMENTS
PERTAIWNG TO THIS PROPERTY THAT ARE NOT
SHOWN HEREON.
LOT 1, BLOCK 1
H.E.P. 14 SUBDIVISION
CAB. Z, SLIDES 83 - 84
P.R.W.C.T.
16007/008
P. 01
HEB GROCERY
M COMPANY. LP
•
to CALLED 1.674 ACRE
DOC. NO. 2003099491
O.P.R.W.C.T.
457.46.48
40.08' LT
-7
/
P. A. HOLDEN SURVEY. 460.72.01
ABSTRACT NO. 297. 42.60' RT
Cs, s9e v$ z�
(Ny 20,g2dy
sOto�k99. t
c9j f 4g -"60
rs,o�" Fats 0 orB`f
r� 2.46' �90/
•
600.00
461.27.38
62.26' RI
462+32.47
95.48' RT
/ h
0 /
0
0
co
7 /
FM 1460 PARTNERS, LTO.
REMAINDER OF A
CALLED 6.011 ACRES
EXHIBIT "A"
DOC. NO. 2000011056 /
0.P.R.W.C.T.
u. S. Y11011k1 ig
316.79 s'
S 19.271.
11 • scam: 1 = 100'
595400
AS PREPARED OY:
MARGARET A. NOLEN. R.P-L.S. NO. 5509
DA E
SKETCH TO ACcoMPANY FIELP NOTE DESCNMYION
�
pa er—Aickle„
do Aseoci4tes, Inc.
tnyins*r1/Surv■yors
403 MARY CREEK NOAD
CEDAR PANK. T7 71N3
M_\PROjECYs\t.Er4s1ROY suiun.Y3\� W'i ROM I i# .U/ 03.DW frit 31 Almost OR.
NK:HT-OF-WAY /KETCH SHOWN PNQP[RTY FOR
H. E. S.
DATE OP SUQVEr
JULY, 2006
PRUJ CT
PAGE 3 OF 4
TRACY NO.
# 2
OMTNIC7
14
F. W. 1480
COUNTY
SCALE
r e IOC' R O. M. 90 RPL115: 2.034 ACBZ2 1 WUJ N_
RECORDERS MEMORANDUM
Alt or puts oldie text on du; page was not
abd.r).wahlw far utidagtoty recordation
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LEGEND
■ TYPE t CONCRETE MONUMENT FOUND
• 1/2' IRON ROO FOUND
a TYPE it BRASS DISC FOUND
• CALCULATED POINT
• 60D NAIL FOUND
O 1/2" IRON ROO SET
WITH 'BAKER-AICKLEN' CAP
R.O W. RIGHT-OF-WAY
TXDOT TEXAS DEPARTMENT OF TRANSPORTATION
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF
WILL.IAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS OF
WILLIAMSON COUNTY. TEXAS
p,08. POINT OF BEGINNING
P.O.B.
TRACT
NORTHING: 10163364.20'
EASTING: 3139524.29'
449.29.29
41.57' RT
NUMBER
BEARING
DISTANCE
LI
S 67'28432" W
09.66'
L2
N 20.42'26' C
65.37'
(N 13.20'31' E)
165.09')
L3
S 02.24'16' E
3.911
L4
N 87.20'32' E
0.26'
LOT L BLOCK 1
N.E.B. 1f4 SUBDIVISION
CAB. Z. SLIDES 83 - 84
P. A. HOLDEN SURVEY,
ABSTRACT NO. 297
UATCHLITIE
444.63.92
r41.51' RT_I
PLATEAU
VISTA -r
BI.VU-
0
•
0
l51+0.92
40.01' LT
!O� W
OW ,..I 0
4, 0)- p-°
<N
"2Elo
jzoO
0
3
SEE PAGE 3 OF 4
AS PREPARED BY:
MAROARET A. NOLEN. R.P.L.S, NO. 5589
rt
/ `. t• `ter ~ ... 3'
DATE ``��•
SCALE: 1" 100'
PT Sts
. 451.00.62
PAGE 4 OF 4
SKETCH TO OCCONPAMY FIELD NOTE 0ESCRvf0N
Baker—Aicklen
& Associates. Inc.
EnVIn.ars/Surv.ynr6
406 MUSHY CRUX ROAD
CEDAR PARK. TX 766.%
RICHT-OF-MAY SKETCH 5M55'RI6 PROPERTY roe
H. E. B.
TRACY 40.
# E
DATE OF pVRVET
JULY. 2005
SCREE:
1' os 100'
PROJECT
P. 11. 1480
0i?TRICT
14
R.0.111. StRRPLU9: 24..034 ACRES
COUOTf
144.444.444. Rmeommomoromoprom4smomm.moompRoammomm.
1tI1.WA11JOM
1'A ritoJeCYf\ELYISvROq sl.sumAAmG\t.E1IS ROM *movie 03AMa (PAGE 41 A.0,0 OI. Z006�RDERS MEMORANDUM
EXHIBIT "2"
Legal Description
An 80 -foot Public Utility Easement, along the east line of Lot 1, Block 1 HEB# 4
Subdivision at 1700 E. Palm Valley Blvd also known as the old right of way of FM
1460, in Round Rock, Texas, granted or otherwise retained or acquired pursuant to the
Deed Without Warranty recorded as Document No. 2006010504 in the Official Public
Records of Williamson County, Texas, located in the City of Round Rock, Texas, and
being a portion of 1.400 acre tract of land located in the P.A. Holden Survey, Abstract
No. 297, in Williamson County, Texas, and being a portion of Old F.M. 1460.
3
16" EXISTING
WATER LINE
/
/
/
/
/
/
/ EXISTING
GAS LINE
CENTERLINE Of
ELECTRIC POW'
LINE EASEMEIN•
1
740'
J
E 3139378.22
15' PUBLIC
UTILITY EASEMENT
UTILIT
DATE: August 2, 2007
SUBJECT: City Manager Approval at the August 10, 2007 staff meeting
ITEM: Quitclaim Release of an 80 -ft public utility easement along the
east line of Lot 1, Block 1, HEB#4 Subdivision, a subdivision of
record in Cabinet Z, Slide 83, of the Plat Records of Williamson
County, Texas, also known as 1700 E. Palm Valley Blvd.
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Director of Planning and Community Development
Lee Heckman, Senior Planner
This easement is located in the previous FM1460 right-of-way north of Palm Valley
Blvd. The property owner is requesting the release of an 80 -foot public utility
easement granted or otherwise retained pursuant to the Deed conveying the
property from the State of Texas to the owner. Two new easements for utility
purposes, to replace the existing easement, will be dedicated by separate
instrument and recorded in tandem with the release of this 80 -foot easement.
Relevant utility providers, including the City, concur with the proposed release
request and dedication of replacement easements.
Funding:
Cost: None
Source of Funds: N/A
Background Information:
All the appropriate utility providers have reviewed the proposal and have
concurred with this release. The Legal Department has reviewed and approved the
documents.
Updated 3-10-05