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CM-10-03-055111111111111111111111111 RELEASE OF PORTION OF 15' PUBLIC UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 111111111111111111 1111 PAR 4 PGS 2010014524 That the CITY OF ROUND ROCK, TEXAS, a municipal colpor-ation 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 PATRIOT FOUNDERS, LLC, a Texas limited liability company, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of that certain 15' Wastewater Easement of record in Cabinet Q, Slide 8 of the Real Property Records of Williamson County, Texas, and also being of record in Document No. 1998037632 of the Official Public Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing 0.08 acre (2,470 sq. ft) tract or parcel of land situated in Williamson County, Texas out of the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas and being a portion of that tract described as Lot 3A of the Amending Plat of Lots 1, 2, and 3 of the Replat of Heritage Center Subdivision, Lots 1 and 2, a subdivision in Williamson County, Texas and recorded in Cabinet U, Slide 347, Plat Records of Williamson County, Texas, the same being a portion of that tract described as a -15 foot Public Utility Easement in a Replat of Heritage Center Subdivision Lots 1 & 2, a subdivision in Williamson County, Texas and recorded in Cabinet Q, Slide 8, of said Plat Records and further 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 15' Public Utility Easement" to be executed on this the ` ° day of the month of , 2010. RELEASER: CITY OF ROUND ROCK, TEXAS By: O:la-doa\SCClnt;'A71411pp1REA[.ESTAIEVw31 k3S71.DOC JanNuse, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF 'WILLIAMSON This instrument was acknowledged before me on this the day of the month of 2010, by Tames R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. 1124,, SARA L WHITE MY COMMISSION EXPIRES to July 11,2012 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 2 Notary Public, State of Texas MAUIOTES JOB NO: R:\2007 PROJECTS170119-00_Herifage Center Lot 3AiDOCUMENTSiMETES&BOUNDS170119_TRACT9 20100222.doc DATE: June 3, 2008 -- PAGE: 1 QF 2 (Exhibit Attached) T- 13AgL2 RE 3640. sg,ft,? All that certain tract or parcel of land situated in Williamson County, Texas out of the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas and being a portion of that tract described as Lot 3A of the Amending Plat of Lots 1, 2, and 3 of Tho Reptat of Heritage Center Subdivision, Lots 1 and 2, a subdivision in Williamson County, Texas and recorded In Cabinet U, Slide 347, Plat Records of Williamson County, Texas, the same being a portion of that tract described as a 15 foot Public Utility Easement in A Reptat of Heritage Center Subdivision Lots 1 & 2, a subdivision in Williamson County, Texas and recorded in Cabinet Q, Slide 8, of said Plat Records and further described by metes and bounds as follows: BEGINNING at a 1/2° iron pin with a yellow plastic cap Inscribed "CS,LTD" set in the east line of that tract described as 29.23 acres in a Special Warranty Deed granted to BSH Holdings, LP, a Texas limited partnership, and recorded as Document No. 9810912, Official Records of Williamson County, Texas for the southwest corner of Lot 2A of said Replat of Heritage Center Subdivision and for the northwest corner of said Lot 3A and this tract; THENCE, N 76°43'29" E 15.05 feet into and across said 15 foot Public Utility Easement with the south line of said Lot 2A and with the north line of said Lot 3A and this tract to a calculated point for the northeast corner of this tract; THENCE, into and across said Lot 3A with the east line of said 15 foot Public Utility Easement and this tract In the following two (2) courses: 1. S 17°47'00" E 195.97 feet to a calculated point; 2. S 17°48'19" E 46.64 feet to a calculated point in the north line of Lot 4 of said Replat of Heritage Center Subdivision and in the south line of said Lot 3A for the southeast corner of this tract; THENCE, S 76°43'29" W 15.05 feet Into and across said 15 foot Public Utility Easement with the north line of said Lot 4 and with the south line of said Lot 3A and this tract to a 1/2" Iron pin with a yellow plastic cap inscribed "CS,LTD" set In west line of said 15 foot Public Utility Easement and the east line of said BSH Holdings tract for the northwest corner of said Lot 4 and for the southwest corner of said Lot 3A and this tract; THENCE, with the east line of said BSH Holdings tract and with the west line of said Lot 3A and said 15 foot Public Utility Easement and this tract: 1. N 17°48'19" W 45.45 feet to a 1/2" Iron pin with a yellow plastic cap inscribed "CS,LTD" set; 2. N 17°47'00" W 197.16 feet to the point of Beginning and containing 0.08 acre (3,840 sq.ft.) of land. Bearings cited hereon base on the east line of the Amending Plat of Lots 1, 2, and 3 of the Reptat of Heritage Center Subdivision, Lots 1 and 2, a subdivision in Williamson County, Texas, recorded In Cabinet U, Slides 347, Plat Records of Williamson County, Texas with a record call of S 13°16'30" E 430.13 feet and a measured distance of 430.13 feet. LI Clyde C. Cas r., R.P.L.S. No. 4835 Castleberry Surveying, Ltd. 3813 Williams Drive, Suite 903 Georgetown, Texas 78628 CCC/adrn cn 0 cY N 0 0 r 0 9 0 Q 0 CI A0 1 ` z W 2 v3 Q w z Q a. 7 d 0 J L , a) U 0 rn O LL I O 0 0 N 7 0 W 0 al tX r` 0 0 w Lt. z d ct 0 EXHIBIT TO ACCOMPANY FIELD NOTES OF; 0.08 ACRE (3,640 sq.ft.) BEING A PORTION OF LOT 3A, OF AMENDING PLAT OF LOTS 1, 2, AND 3 OF THE REPLAT OF HERITAGE CENTER SUBDIVISION, LOTS 1 AND 2, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, RECORDED IN CABINET U. SLIDES 347-348, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS LOT 2A HERITAGE CENTER CAB U, SLIDE 347 BILLIE SUE HENNA HOLDINGS, LP DOC #9810912 O.P.R.W.C. vy ti 0 0e 0 0 [rt c0 TRACT 9 0.08 ACRE (3,640 8q,ft.) 15' P.U.E, CAB. U, SLIDE 347 P. R, W. C. J.A9L NIA,IM DIRECTE0N DISTANCE 11 N 76'43'29" E 15.05' L2 S 17'48'19' E 46.64' -1..-F--.' S 76'43'2 4Y 15.05' L4 N 17'48119' W 45.45' L3 LOT 3A HERITAGE CENTER CAB U, SLIDE 347 P.R.W.C. Scale: 1" W 50' BEARINGS CITED HEREON BASED ON THE EAST UNE OF HERITAGE CENTER SUBDIVISION P.R W.� AND THE WEST UNE OFED IN CABINET U,DHERITAGE SUE CEDE2 ¢�w RECORDED A I RECORD CALL 13`i8'30' E O MEASURED DISTANCE1OP FEET FEET 430.133 FEET LOT 4 HERITAGE CENTER CAB Q, SLIDE 8 P.R.W.C. P.R.W.C. LE -N 1 /2 IRON PIN SET w/YELLOW PLASTIC CAP "CS LTD CALCULATED POINT PLAT RECORDS WILLIAMSON CO. 3013' Wirllcmlr. Drive,. Sufi.g03 . •-T Giro*town, 'Naxos71562a •(512). Q30=11'100/(512) :93o-g38g _rax www:agatliboarryou ying.00m DATE: March 1, 2010 SUBJECT: City Manager Staff Meeting - March 5, 2010 ITEM: Consider executing a Release of Portion of 15' Public Utility Easement located on Lot 3A of the Amending Plat of Lots 1, 2 and 3 of the Replat of Heritage Center Subdivision, Lots 1 and 2, as recorded in Cabinet U, Slide 347 of the Plat Records of Williamson County, also known as 503 Palm Valley Boulevard. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Ashley Lumpkin, Planner Justification: City staff is proposing to release a public utility easement that was dedicated with the aforementioned plat and recorded in July 2001. The applicant is requesting the fifteen -foot Public Utility Easement along the western side of Lot 3A be released. A ten -foot private communication easement is proposed to allow for dry utility relocation. 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 10.19.09 Request for City Council/City Manager Action City Council OM 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 i rLol'rt; (1' u� I° iii t . ( 3 2: Received: S Tag #: Original Documents Received: r Heritage Center 3A - Release of Public Utility Project Name: Easement ContractorNendor: N/A Funding Source: Additional funding Source: Amount: $0.00 City Manager - March 5, 2010 Account Number: N/A Consider executing a Release of Portion of 15' Public Utility Easement located on Lot 3A of the Amending Plat of Lots 1, 2 and 3 of the Replat of Heritage Center Subdivision, Lots 1 and 2, as recorded in Cabinet U, Slide 347 of the Plat Records of Williamson County, also known as 503 Palm Valley Boulevard. Finance Information Is Funding Required? Yes Ei No l Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity EUnforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased 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 Signature: City Manager Signature: AAA) Date: Date: Date: Date: 3M1.6 -,2,1'?,)i *City Attorney signature is required for all items. REVISED 3/3/2010 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: PLANNING Project MgriResource: LEE HECKMAN Council Action: ORDINANCE Agenda Wording HERITAGE CENTER 3A - RELEASE OF Project Name: PUBLIC UTILITY EASEMENT Contractor/Vendor: NA ri RESOLUTION E1 City Manager Approval CMA Wording Consider executing Release of Portion of 15Public Utility Easement located on Lot 3A of the Amending Plat of Lots 1, 2, and 3 of the Replat of Heritage Center Subdivision, Lots 1 and 2, as recorded in Cabinet U, Slide 347 of the Plat Records of Williamson County, also known as 503 Palm Valley Boulevard, Attorney Approval Attorney Notes/Comments • • ^' Date , 0:\wdox\SCCInts10114\1009tMISC100184144 Updated 6/3/08