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CM-10-01-00411 RELEASE OF PORTION OF 10' PUBLIC UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 11 11 11 REL 5 PGS 201 0002056 That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situatedin 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 WILLIAM O. AND GEORGINE M. BOJORQUEZ, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below - described portion of that certain 10' Public Utility Easement of record in Document No. 2000005442, of the Official Public Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing 507 square feet of land out of the Lot 10, Block B, Forest Creek Section 20, a subdivision of record in Cabinet S, Slide 103-104 of the Plat Records of Williamson County, Texas, and being the South 5.00 feet of that certain 10.00 foot wide Public Utility Easement located along the rear line of said Lot 10 as dedicated by the Plat of said Forest Creek, Section 20. The said 507 square feet of land being more particularly described by metes and bounds as attached; 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 "Release of Portion of 10' Waterline Easement" to be executed on this the $'4` day of the month of a� wl,�nr, , 2010. RELEASER: CITY OF ROUND ROCK, TEXAS By: n\wdozlSCCLusi0114;.090.9`StEALESTA'TE 0178924.DOC CIV` lO-of-Oe 4 es R. Nuse, City Manager THE STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENT § 411 This instrument was acknowledged before me on this the 8 day of the month of tib , 2010, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. SARA L. WHITE MY COMMISSION EXPIRES July 11, 2012 AFTER RECORDING RETURN TO: City of Round Rock Attn: Sara White 221 East Main Street Round Rock, TX 78664 2 Notary Public, State of Texas FIELD NOTES TO ACCOMPANY MAP OF SURVEY 507 SQUARE FEET OF LAND PORTION OF LOT 10, BLOCK B FOREST CREEK SECTION 20 FIELD NOTE DESCRIPTION OF 507 SQUARE FEET OF LAND OUT OF LOT 10, BLOCK B, FOREST CREEK SECTION 20, A SUBDIVISION OF RECORD IN CABINET S, SLIDE 103-104 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SOUTH 5.00 FEET OF THAT CERTAIN 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED ALONG THE REAR LINE OF THE SAID LOT 10 AS DEDICATED BY THE PLAT OF SAID FOREST CREEK, SECTION 20. THE SAID 507 SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch diameter steel pin found at the northeast corner of the said Lot 10, the same being the northwest corner of Lot 9, Block B; THENCE, S 28°38'25" W, a distance of 5.07 feet along the east line of the said Lot 10 to the POINT OF BEGINNING of the herein described parcel. THENCE, S 28°38'25" W, a distance of 5.07 feet, continuing along the east line of the said Lot 10, to a point at the intersection with the south line of the said 10.00 foot wide Public Utility Easement, from which a '/2 inch diameter steel pin found at the southeast corner of the said Lot 10 bears S 28°38'25" W, 133.13 feet; THENCE, N 71°03'07" W, a distance of 101.45 feet along the south line of the said 10.00 foot wide Public Utility Easement to the intersection with the west line of the said Lot 10, from which a 1/2 inch diameter steel pin found at the southwest corner of the said Lot 10 bears S 28°38'21" W, 116.04 feet; THENCE, N 28°38'21" E, a distance of 5.07 feet along the west line of the said Lot 10 to a point, from which a '/2 inch diameter steel pin found at the northwest corner of the said Lot 10 bears N 28°38'21" E, 5.07 feet; THENCE, S 71°03'07" E, a distance of 101.45 feet, crossing the said Lot 10 and said 10.00 foot wide Public Utility Easement to the POINT OF BEGINNING, containing 507 square feet of land, more or less. I, HEREBY CERTIFY THAT THIS METES AND BOUNDS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY PERFORMED UNDER MY SUPERVISION ON DECEMBER 12, 2000. EXHIBIT t Af MAP TO A CCOMPA N Y FIELD NOTES LOT 11 (N28 3 45 528 L. 38 2 „ ti 726. 18) 11 _ FORES TI ✓ v w F (31 v NII 1N i6' • 14, LOT 10 BLOCK B L-1 r O CREEK GRAPHIC SCALE 10 20 40 ( IN FEET ) 1 inch = 20 ft. • P.U.E. (BRG.—DIST.) P.O.C. P.O.B. LEGEND 1/2"STEEL PIN FOUND (UNLESS NOTED) PUBLIC UTILITY EASEMENT RECORD CALL POINT OF COMMENCEMENT POINT OF BEGINNING PORTION OF P.U.E. TO BE VACATED LINE TABLE LINE IBEARING I DISTANCE I —1 N2R'3R'91 "R 5.07 RECORDERS MEMORANDUM J 'it;` te; on this pan:: ; not clearlv Ier,ible for satisfactory recordation. 6A S OF BEARINGS�� Sl (S�71OY EN101.45 6 I 29.0' LOT 10 BLOCK B 0- TWD STORY RES. / /1//5 9. // COVERED CONC. 25' B.L./PLAT SCALE: 1'=30' LEGEND • CONCRETE MONUMENT FOUND • I SIM PN FONYD (limas Norm) Q 1/2' STEEL IW STT W/CAP srAi'w tENZ t ASSCC Q PPE FOUND • NAC FOUND -P6'- WOO FENCE -'rF- WRE FENCE -CD- CHAN LNC FENc£ P.U.C. PUBLIC UTILITY EASEMENT OE ORANAGE EASEMENT HL. EitKONC LAE • POKER POE —OU— OVERHEAD UTILITY 1 h 15'P.U.E./PLAT) oo C141'(85�G-O'sr) Arca'!" cAu N 61'21'16' W'1DQ00' (N 61'21'15 W 100.00) HAMLET CIRCLE NOTES: 1) THIS LOT IS NOT SUBJECT TO EASEMENT TO BRUSHY CREEK WATER CONTROL, AND IMPROVEMENT DISTRICT No. 1, PER VOLUME 430, PAGE 643, OF THE DEED RECORDS OF WIWAMSON COUNTY, TEXAS. 2) PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS AND EASEMENTS PER VOLUME 1020, PAGE 769, AND AMENDED IN VOLUME 1866, PAGE 01, OF THE OFFICIAL RECORDS OF WIWAMSON COUNTY, TEXAS. 3) PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS AND EASEMENTS WHICH INCLUDE THE DECLARANTS RIGHT TO CREATE FROM TIME, TO TIME RIGHTS-OF-WAY AND EASEMENTS FOR PUBLIC UT1UTY PURPOSES, AN EASEMENT UPON, OVER AND ACROSS SAID PROPERTY FOR INGRESS AND EGRESS FOR INSTALLING OR REPAIRING ALL UTILITIES, AND EASEMENTS FOR DRAINAGE AND WATER FLOW, ALL PER DOCUMENT No. 9744539, DOCUMENT No. 2000018048, DOCUMENT No. 2000033180 ANO DOCUMENT No. 9823619, OF THE OFFICIAL RECORDS OF WILUAMSON COUNTY, TEXAS. TO THE OWNER AND/OR LIENHOLDER ANO STEWART TITLE THE UNDERSIGNED, A RESISTERED PROFESSIONAL L4NO SURVEYOR IN THE STATE OF TEXAS. HEREBY STATES THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT VISIBLE AND APPARENT IMPROVEMENTS, UTILITIES, AND/OR ROADWAYS ARE SHOWN HEREON, AND THAT EXCEPT AS SHOWN, THIS PROPERTY HAS ACCESS TO AND FROM A PUBLIC ROADWAY. THIS SURVEY 15 IN COMPLIANCE WITH THE MINIMUM STANDARDS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING. THE UNDERSIGNED DOES FURTHER STATE THAT THIS PROPERTY DESCRIBED 1S NOT WITHIN A 100 YEAR FLOOD HAZARD AREA ACCORDING TO F.E.M.A. FLOOD INSURANCE RATE MAP PANEL No.:481048C0335, EFFECTIVE DATE 09-27-91. LENZ&ASSOCIATES, I1vC. CO4IFEITE PR04TS9OSAL LAM? 57IR1fYAYG ,SERNCE5 512/443-1174 1714 FORT NEW ROAD, SUITE 101 AUS77N, TEXAS 78704 SURVEY NO. : 2000-01438 F 549-71 REFERENCE: ADDRESS: LEGAL DESC.: BOJOROUEZ G.F. No. 00046983 84 2207 HAMLET CIRCLE LOT 10 BLOCK B, FOREST CREEK SECIIUN 20. CABINET 5, SLIDES 103-104, OF THE PLAT RECORDS OF WIWAMSON COUNTY, TEXAS. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2010002056 01/12/2010 10:22 AM MARIA $32.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 DATE: January 4, 2010 SUBJECT: City Manager Staff Meeting - January 8, 2010 ITEM: Consider executing a 507 square foot Partial Release of Public Utility Easement located on Lot 10, Block B, Forest Creek Section 20 also known as 2207 Hamlet Circle. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Ashley Lumpkin, Planner Justification: City staff is proposing to partially release a public utility easement that was dedicated with the Forest Creek Section 20 plat that was recorded in January 2000. The applicant is requesting the innermost five feet of a ten -foot Public Utility Easement be released. The portion proposed for release is unused and unneeded and a separate 15 -foot (15') Public Utility Easement exists at the front property line should additional easement area be required in the future. 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. Strategic Plan Relevance: Funding: Cost: N/A Source of funds: N/A Outside Resources (if applicable): N/A Public Comment (if applicable): N/A UPDATED APRIL 2008 10.1909 Request for City Council/City Manager Action [ID City Council [m 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: Ashley Lumpkin Project Coordinator: Jim Stendebach Assigned Attorney: Charlie Crossfield City Council or City Manager Approval Date: Agenda Wording For Administrafioh PONLY 7 ^,!a '1', ' 6 Received: Tag#: (Inn-lD•0I-004i- Original Documents Received: Partial release of easement for Forest Creek Project Name: (BOJORQUEZ) ContractorNendor N/A Funding Source: Additional funding Source: Amount: $0.00 City Manager - January 8, 2010 Account Number: N/A Consider executing a 507 square foot Partial Release of Public Utility Easement located on Lot 10, Block B, Forest Creek Section 20 also known as 2207 Hamlet Circle. Finance Information Is Funding Required? Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Yes l No =Unforeseen Circumstances Other (Please clearly identify action below) Amount Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Dept. Director Signature: *City Attorney Signatur City Manager Signature: Date: 'E6te: / G• (6 Date: Date: I -c6 -l'0 1-(6-110 *City Attomey signature is required for all items. REVISED 1/6/2010 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: ASHLEY LUMPKIN ElCouncil Action: ORDINANCE Agenda Wording PARTIAL RELEASE OF EASEMENT FOR Project Name: FOREST CREEK (BOJORQUEZ) ContractorNendor: NA RESOLUTION City Manager Approval CMA Wording Consider executing a 507 square foot Partial Release of Public Utility Easement located on Lot 10, Block B, Forest Creek Section 20 also known as 2207 Hamlet Circle. Attorney Approval Attorney Notes/Comments C1/ Date 4? 0:\wdoxlSCCIntsl011410909 \ MISC100179187 Updated 6/3/08