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CM-09-08-161DATE: August 24, 2009 SUBJECT: City Manager Approval at the August 28, 2009 staff meeting ITEM: Consider executing a Release of a 15 -foot wide Waterline Easement located on Lots 1-10, Block 1, Eggers Acres, Revised Subdivision Department: Planning and Community Development Staff Person: Jim Stendebach, Director of Planning and Community Development Lee Heckman, Principal Planner Justification: City staff is proposing to release a waterline easement that was dedicated by separate instrument (not by plat) in 1963. The easement is not used by the City and therefore is no longer needed. Releasing the easement will also allow the lots to be more easily redeveloped, as the easement will no longer impede site development. Funding: Cost: None Source of Funds: N/A Background Information: Engineering and Development Services concurs with the request to release the easement; the City Attorney's office has reviewed the request and prepared the attached release document. 5/122009 Request for City Council/City Manager Action Ej City Council [T City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Planning and Community Development Contact Person: Veronica Chandler / Vickie Moreno Project Mgr/Resource: Lee Heckman Project Coordinator. Jim Stendebach Assigned Attorney: Steve Sheets City Council or City Manager Approval Date: A'enda Wordin Consider executing a Release of a 15 -foot wide Waterline Easement located on Lots 1-10, Block 1, Eggers Acres, Revised Subdivision. Received: ETRIMITO211574 Original Documents Received: Project Name: RELEASE OF WATERLINE EASEMENT FOR EGGERS ACRES ContractorNendor: N/A Funding Source: Additional funding Source: Amount: $0.00 Account Number. N/A City Manager - August 28, 2009 Finance Information Is Funding Required? Yes j No E Initial Construction Contract Q Construction Contract Amendment # Change Order # Change in Quantity DUnforeseen Circumstances Q Initial Professional Services Agreement Q Supplemental Professional Service Agreement # EJPurchasing/Service Agreement Purchase Order Item(s) to be purchased EDOther (Please clearly identify action on lines below) Amount R Project Mgr. SignatureiA rrAW Dept. Director Signature: Al 'City Attorney Signature. I J `)� O Date: City Manager Signature: \' Date: Yj 'a% q l 'City Attomey signature is required for all items. Date: REVISED 8/26/2009 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: PLANNING Project Mgr/Resource: LEE HECKMAN J]Council Action: 1 ORDINANCE Agenda Wording City Manager Approval RELEASE OF WATERLINE EASEMENT FOR Project Name: EGGERS ACRES ContractorNendor: NA RESOLUTION 1 CMA Wording Consider executing a Release of 15 -foot wide Waterline Easement located on Lots 1-10, Block 1, Eggers Acres Revised. Attorney Approval Attorney Notes/Comments Date (?\ ) O:1wd ox1S C Clnts10114109091M I S C100168765 Updated 6/3/08 EXECUTED DOCUMENT FOLLOWS II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII REL 2 PG5 RELEASE OF EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON That the City of Round Rock, Texas, a Texas home -rule municipality, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid to it by City of Round Rock, Texas, a Texas home -rule municipality, on behalf of itself and its successors and assigns, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE a 15 foot Waterline Easement dated October 9, 1963, recorded in Volume 548, Page 467, Official Records of Williamson County, Texas. Such ABANDONMENT, RELEASE and DISCHARGE of the above -referenced Easement shall apply only to the below -described property, to -wit: A fifteen (15) foot Waterline Easement, recorded in Volume 548, Page 467, that runs approximately 950' east and west and parallel to Highway 79, all of which is on Lots 1-10, Block 1 (Eggers Acres, Revised), located at 500, 502, 504, 506, 508, 510, 512, 514, 516 and 518 East Palm Valley Blvd., Round Rock, Texas 78664. This instrument is given specifically to release the described original easement, and to release such original easement only as to the property specifically described herein, which easement is hereby terminated by abandonment, termination, vacation, and cessation of purpose, and which easement shall be of no further force and effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instrument to be executed on this the L }k,y da of the month of OWaktist, , 2009. For city\ Approved as\to Form: RELEASOR: CITY OF ROUND ROCK, TEXAS B 168773 01 14.0909 s R. Nuse, City Manager 2009065824 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON is instrument was acknowledged before me on this the day of the month of trt , 2009, by James R. Nuse, the City Manager of the City of Round Rock, exas, in the capacity and for the purposes and consideration therein expressed. AFTER RECORDING RETURN TO: Planning and Community Development Department 301 W. Bagdad, Suite 210 Round Rock, TX 78664 City of Round Rock 221 E. Main St. Round Rock, TX 78664 2 Notary Public, State of Texas FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009065824 09/08/2009 12:28 PM COLE $20.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS