CM-08-07-183DATE: July 9, 2008
SUBJECT: City Manager Approval at the July 11, 2008 staff meeting
ITEM: Consider executing Release of Easement for The Bluff at
Oaklands, Lot 11, Block A.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Director of Planning and Community Development
Lee Heckman, Principal Planner
Justification:
The property owner is requesting to release the 5' public utility easement dedicated
with the existing plat that lies along the Lot's side property line.
Funding:
Cost: None
Source of Funds: N/A
Background Information:
All the appropriate utility providers have reviewed the proposal and have
concurred with the release request. The Legal Department has reviewed and
approved the request, and prepared the attached release document.
Updated 3-10-05
RELEASE OF
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
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 DONALD L. GISH and wife, DOLORES A.
GISH, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE
and DISCHARGE only the below -described 5' public utility easement appearing on that certain plat
recorded in Cabinet L, Slides 128-129 of the Plat Records of Williamson County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing 0.01 acres (586 sq.
ft.) of land out of Lot 11, Block A, The Bluff at Oaklands, a subdivision located in the
City of Round Rock, Williamson County, Texas, recorded in Cabinet L, Slides 128-129
of the Plat Records of Williamson County, Texas, conveyed to Donald L. Gish and wife,
Dolores A. Gish by Deed recorded in Document Number 1995022643 of the Official
Records of Williamson County, Texas, above said 0.01 acre (586 sq. ft.) tract being
more particularly described by metes and bounds.
See "Sketch to Accompany Field Notes" 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 said easement, which said easement
is terminated by abandonment, termination, vacation, and cessation of purpose, and which said easement
will be of no further effect, whether legal or equitable.
IN WITNESS WHEREOF, the City of Round Rock, Texa has caused this instrwent entitled
"Release of Public Utility Easement" to be executed on this the II day of the month of J (li
2008.
Apo ed as to form:
Steph. ' L. Sheets, City Attorney
RELEASER:
CITY OF ROUND ROCK, TEXAS
By:
00141383/MUmp
0114.0809
Nuse, City Manager
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§
§
ns = ment was acknowledged before me on this the I ( day of the month of
, 2008, by James R. Nuse, City Manager for the CITY OF ROUND
in thapacity and for the purposes and consideration therein expressed.
ROCK, Tex
�Rpr Vs MONIQUE G. ADAMS
*: ..*1 MY COMMISSION EXPIRES
_1' � .... September 18, 2011
AFTER RECORDING RETURN TO:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
Notary Pu tf ic, Statof Texas
2
P.O. Box 1136
THE RIPPY SURVEYING COMPANY, Inc.
CLINTON L. RIPPY, R.P.L.S.
(512) 301-4300 FAX (512) 301-4301
Dripping Springs, Texas 78620
RELEASE OF A 5' PUBLIC UTILITY EASEMENT
JUNE 17T", 2008
FIELD NOTES DESCRIBING 0.01 ACRES (586 SQ. FT) OF LAND OUT
OF LOT 11, BLOCK A, THE BLUFF AT OAKLANDS, A SUBDIVISION
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
RECORDED IN CABINET L, SLIDES 128-129 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, CONVEYED TO DONALD L. GISH AND
WIFE, DOLORES A. GISH BY DEED RECORDED IN DOCUMENT NUMBER
9522643 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
ABOVE SAID 0.01 ACRE (586 SQ. FT) TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a W' iron rod set at the southeast corner of the above said
Lot 11 and the south corner of the herein described 0.01 acre (586 sq.
ft) tract;
THENCE with the southeast line of the above said Lot 11, North 42°32'55"
East, passing at a distance of 67.00 feet a i5" iron rod found,
continuing for a total distance of 117.67 feet to a point not found or
set, being at the northeast corner of the above said lot 11 and the
herein described 0.01 acre (586 eq. ft) tract;
THENCE with the north line of the above said Lot 11, North 58°27'01"
West a distance of 5.09 feet to a point not found or set, being at the
north corner of the herein described 0.01 acre (586 sq. ft) tract;
THENCE with the west line of the herein described 0.01 acre (586 sq. ft)
tract, South 42°32'55" West a distance of 116.96 feet to a point not
found or set, said point being in the curving north right-of-way line of
Johnson Way, a 50' wide right-of-way, and the south line of the above
said Lot 11, said point also being the southwest corner of the herein
described 0.01 acre (586 sq. ft) tract;
THENCE with a curve to the right for an arc length of 5.01 feet, having
a radius of 50.00 feet, and a chord that bears South 50°29'36" East a
distance of 5.01 feet to the POINT OF BEGINNING containing 0.01 acres
(586 sq. ft) more or less.
I HEREBY CERTIFY that the foregoing field notes represent the results of
a survey made on the ground under my supervision according to law, they
are true and correct to the best of my knowledge, this the 17th
day of June, 2008.
The Rippy Surveying Co., INC./ U
CLINTON L. RIPPY
REGISTERED PROFESSIONAL LAND SURVEYOR
No. 1926
EXHIBIT
UAn
1
SKETCH TO ACCOMPANY FIELD NOTES OF A 5' P.U.E. ALONG THE
SOUTHEAST LINE OF LOT 11, BLOCK "A", THE BLUFF AT OAKLANDS,
1700 JOHNSON .WAY, ROUND ROCK, TX 78681.
CURVE RADIUS DELTA TANGENT LENGTH CHORD BEARING
C-1 50.00' 45'47'40" 21.12' 39.96' 38.91' 570'31'19"E
C-2 50.00' 05'44'24" 2.51' 5.01' 5.01' S50'29'36"E SCALE: 1"=20'
TANGENT BEARING LENGTH
T1 N58'27'01"W 5.09'
LOT 12 t"
4)
V-
6- TWO—STORY
HOUSE
LOT 11
BLOCK "A"
•a.
LEGEND
• -PROPERTY CORNER FOUND (4/17/95)
O PROPERTY CORNER SET (4/17/95)
B.B.=BEARING BASIS
B.L=BUILDING SETBACK UNE
(FU)) -BEARING & DISTANCE FOUND
(REC)-BEARING & DISTANCE RECORD
(P.U.E.)-PUBLIC UTILITY EASEMENT
S.F.=SQUARE FEET
(W C.I.D.)=WATER CONTROL AND
IMPROVEMENT DISTRICT
(W.C.D.R.)RV SOS ON COUNTY DEED
(w.c.P.R.)aECLUAMSON COUNTY PLAT
(WGO.R.)= aC SSON COUNTY OFFICIAL
RE(W.C.O.P.R ANLL AMSONRECORCOUNTY OFFICIAL
PUBLIC(C.Z.O.)-CITY ZONING ORDINANCE
tt0 ti4,� 5' B.L. & P.U.E (PLAT)
EAVE S42'32'55"W , 1
OVERHANG 116.96'
P////l0.01'AC (586 S..) x
t 1 67.00'
B.B. N42'32'55"E
//l'////
POINT OF
BEGINNING
LOT 10
THIS SKETCH WAS COMPILED FROM RECORDS OF A SURVEY CONDUCTED
ON 4/17/95. IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR OTHER PARTIES
SHALL BE AT THEIR RISK AND UNDERSIGNED IS NOT RESPONSIBLE
70 OTHERS FOR ANY LOSS RESULTING THEREFROM.
Doted this the 17TH day of JUNE 20 OB
JOB No. 92649 INVOICE NO
JM
117.67'0.A
F0G
RELEASE OF A �o
5' P.U.E.
"THE RIPPY SURYG YING COMPANY, INC.'
P.O. 'BOX 1188
DRIPPING SPRINGS, TEXAS 78620
PH. 301-4300, FAX 301-4301
dykitA)V:
CUNTON L RIPPY
REGISTERED PROFESSIONAL LAND SUR
NUMBER 1926
April 22, 2008
City Manager
City of Round Rock, TX
301 West Bagdad
Round Rock, TX 78664
Re: Purposed release of a 5 foot PUE along the S/E line of Lot 11, block A, (The
Bluff at Oaklands) at 1700 Johnson Way, Round Rock, TX, 78681
Dear City Manager:
The purpose of this request is to release the above described PUE to relieve the
inadvertent encroachment by one corner of roof overhang. This small part of the
triangular section of the roof corner encroaches approximately 6 inches into the easement
(see Survey Plat, Attachment 3, Page 4). The house foundation does not encroach the
PUE; there are no utilities in this PUE.
After a thorough examination, the respective suppliers of utility service have no objection
to this proposal and have indicated their agreement by signature (Attachment 1, Page 2
and Attachment 2, Page 3)
Thank you for considering this request.
Sincerely,
Donald L. Gish
512-310-1210
Attachments
1. Suppliers Signatures for Oncor, ATMOS and Time Warner
2. Suppliers Signature for Southwestern Bell
3. Survey Plat
4. Deed/Release of Easement Request Form
5. Deed of Trust
6. Abstractor's Certificate (Warranty Deed with Vendor's Lien)
Appendbc W. Easement Release
Date
Effective August 1, 2007
REQUEST FOR EASEMENT RELEASE (Template)
Return Completed and Srgned Form to the CARR Planning Department
City Manager
City of Round Rock, Texas
221 E Main Street
Round Rock, Texas 78664
Re: Proposed release off afoot PUE. (partial release of - feet of a
foot stride PUE) along the ( /etc.) line of Lot , !I , Block A (Stthdivision
Name) and address. (See acted map)
Dear City Manager:
The purpose of this request is to release (descrbe release, or partial release) to relieve
the inadvertent encroachment by cale,r,t„Manx tligiSOMO After a thorough examination
the respective suppliers of utility service have not objection to this proposal and have
incticated their agreement by signing below. Thank you for considering this request.
Sincerely,
Applicant siz :/C -/z,
(Phone Number)
I have reviewed the above proposal for utility service purposes, and I have no
objections.
(See Utility Service Contacts underA°' ces)
(5-/z.)
zW -51.6
Phone
Name
AT&T v etiy Sae)
•��,9 t' -
92• e / ;t. �, �D71 tk
Phone Name tavrie Gattrsgixirl- Phone
Time Warner Cable %Z/4 -(4n
Phone
Danny Heiden, P.E. 218-8610 Name Phone
City Engineer Pedemaies Electric Cooperative
City of Round Rock
Xy,,„ A Ip.ii ) :
�numt Release (Utilities)
a•al
Effective August 1, 207
45i0 uoa e_;i0=6o 80 8t uet-
STATE OF TEXAS
COUNTY OF WILLIAMSON
RELEASE OF EASEMENT
WHEREAS, the plat of The Bluff at Oaklands, Round rock, Texas, a subdivision in the County of
Williamson, of record in Cabinet L, Pages 128-129 of the Plat Records of Williamson County, Texas,
and said record reflects a 5 foot PUE on the Southeast side property line of Lot 11, Block A, of said
subdivision, of record in Volume 2636, Pages 26-27 and Volume 9522, Pages 643-644, Property
Records of Williamson County, Texas and as applicant requests the release of said easement on said
property, said property located at 1700 Johnson Way, AND:
WHEREAS, all utilities are in place within other dedicated easements, and no further need exists for
the above easement as reflected on said plat:
NOW, THEREFORE, in consideration of the premises and in order to adjust because of proposed
encroachment upon this easement, the undersigned do hereby abandon all right, title and interest in and
to this easement, as described, on the above addressed property, in said subdivision.
EXECUTED this 7? day of February, 2008
G. DESIGN
SOUTHWESTERN BELL TELEPHONE, L.P., a Texas limt - ::: - nership,
d\b\a AT&T 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 Richard Raley,
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 P4 -day of February, 2008
0.f.4,v4&n
Notary Public, State of Texas
My commission expires