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CM-11-11-238Item Caption: CrA-11`11.23$ RUCEIVED NO" '302011 City Manager Approval Form Consider executing an Amended Declaration of Public Utility Easement (Somerset Park). Approval Date: December 2, 2011 Department Name: Legal Project Manager: Michael Thane Assigned Attorney: Steve Sheets Item Summary: This document is an amendment to the Declaration of Public Utility Easement. No. of Originals Submitted: 1 Project Name: Cost: Source of Funds: Somerset Park N/A Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Date: Department Director Approval: Date: **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP Budget E Purchasing ❑ Accounting N/A OK N/A OK N/A OK N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 AMENDED DECLARATION OF PUBLIC UTILITY EASEMENT (SOMERSET PARK) THE STATE OF TEXAS COUNTY OF WILLIAMSON § § KNOW ALL PERSONS BY THESE PRESENTS: § That the CITY OF ROUND ROCK, a Texas home -rule municipal corporation (hereinafter called the "Declarant") has executed this Amended Declaration of Public Utility Easement for the purpose of establishing the following easement in and under the following described property in Williamson County, Texas, to -wit: See Exhibit "A" describing a 0-12/100 of an acre, being a part of the David Curry Survey, Abstract Number 130, being a portion of Lot 11, Block "L", Sam Bass Trails, Section One, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet I, Slide 260 of the Plat Records of Williamson County, Texas, and also being a portion of Lot 36, Block B, Somerset II, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet H, Slide 160 of said Plat Records and as more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes; 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. The aforementioned described property is hereinafter referred to as the "Easement". This Amended Declaration of Public Utility Easement ("Amended Easement") is in replacement of, and amends, the original Declaration of Public Utility Easement effective October 21, 2011 and recorded as Document No. 2011071710, Official Public Records of Williamson County, Texas (the "Original Easement"). The Original Easement remains in full force and effect with the exception that the Original Easement is hereby amended to insert "natural gas lines," between "to wit:" and "water lines" in the second full paragraph which begins "The Easement, rights and privileges". This Amended Declaration of Public Utility Easement may be modified, amended, or terminated by Declarant. EXECUTED this day of U€CR b' , 2011. DECLARANT: CITY OF ROUND ROCK, TEXAS B C A -ll -11-238 Steve Norwood, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON 04 This instrument was acknowledged before me this & day of , 2011, by Steve Norwood, City Manager for the CITY OF ROUND ROCK, Williamson County, Texas, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 2 Groi (4-ebitt- Notary Public, State of Texas SARA L WHITE MY COMMISSION EXPIRES Mill, 2012 EXHIBIT "A" trir-Tien layout rip RONALD L CARROLL SURVAYORS,OIL September 20, 2011 page 1 of 2 Field notes for Missouri & Pacific Distribution Regulator Station for 20 feet Public Utility Easement for Atmos Energy for: Part of the DAVID CURRY SURVEY, Abstract Number 130, being a portion of Lot 11, Block "L", SAM BASS TRAILS, SECTION ONE, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in Cabinet I, Slide 260 of the Plat Records of Williamson County, Texas, and also being a portion of Lot 36, Block 8, SOMERSET II, an addition to the City of Round Rock, Williamson County, Texas as it appears on the map recorded in CabinetH, Slide 160 of said Plat Records. Beginning at a 1/2 -inch iron rebar found for the northeast comer of Lot 5 of said Block "L", being m the west line of said Lot 11, Block "L", and being in the south right-of-way line of Lantern Light Drive, being a 50 feet right-of-way, from said point, a 60-D nail found at the beginning of a curve to the left where radius is 20 feet in the north line of Lot 1, of said Block "L", and being in said south right-of-way line of the drive, bears south 69 degrees -03 minutes -55 seconds west 290-52/100 feet. Thence north 20 degrees -45 minutes -40 seconds west along said west line of Lot 11, Block "L", and the east right-of-way line of said Lantern Light Drive, 50-00/100 feet to a point in the north right-of- way line of said Lantern Light Drive. Thence north 69 degrees -03 minutes -55 seconds east crossing through said Lot 11, Block "L", 20-00/100 feet to a point. Thence south 20 degrees -45 minutes -40 seconds east along a line 20-00/100 feet easterly and parallel to said west line of Lot 11, Block "L", passing the south line of said Lot 11, Block "L", and the north line of said Lot 36, Block B, 185-00/100 feet to a point. Thence south 69 degrees -09 minutes -15 seconds west along a line 20-00/100 feet southerly and parallel to said north line of Lot 36, Block B, 56-23/100 feet to a point. Thence south 20 degrees -45 minutes -40 seconds east 39-23/100 feet to a point in the north line of a 50 feet wide easement described in the deed to Lone Star Gas recorded in volume 427, page 234, and volume 428, page 672 of the Deed Records of Williamson County, Texas. Thence north 84 degrees -16 minutes -45 seconds west along said north line of the Lone Star Gas Easement, 22-35/100 feet to a point. Thence north 20 degrees -45 minutes -40 seconds west 49-21/100 feet to a point in said north line of Lot 36, Block B, and the south line of Lot 4, said Block "L", from said point, a 1/2 -inch iron rebar 5302 S. 31" Street • Temple, Texas • 76502 (254) 773-1447 • Fax (254) 773-1728 • resurveyttresurveyors.com September 20 2011 page 2 of 2 Field notes for Missouri & Pacific Distribution Regulator Station for 20 feet Public Utility Easement for Atmos Energy for: (continued) found for the southwest corner of said Lot 1, Block "L", bears south 69 degrees -09 minutes -15 seconds west 254-07/100 feet. Thence north 69 degrees -09 minutes -15 seconds east along said north line of Lot 36, Block B, and said south line of Lot 4, Block "L", at 6-03/100 feetpass a 1/2 -inch iron rebar found for the southeast corner of said Lot 4, Block "L' and the southwest corner of said Lot 5, Block "L", and continue in all, 56-24/100 feet to a point for the southeast corner of said Lot 5, Block "L", and being the southwest corner of said Lot 11 Block "L", from said point, a 1/2 -inch iron rebar found bears north 44 degrees - 25 minutes east 0-30/100 of a foot. Thence north 20 degrees -45 minutes -40 seconds west along said east line of Lot 5, Block "L", and said west line of Lot 11, Block "L", 115-00/100 feet to the place of BEGINNING and containing 0-12/100 of an acre, as surveyed. The basis of bearings was taken from the Texas State Plane Coordinate System, Central Zone, NAD 83, in Survey feet, as referenced to the N.G.S. C.O.R.S. Reference Base Station "BIZZ' in Georgetown, Texas whose published coordinate is N=10,201,260.434 E= 3,131,237.379. See attached 8 WN 14" sketch that accompanies these field notes. Surveyed June 16, 2011. RONA 5D CARROLL SUR. Ronald Carroll, RPLS President S:1Da0RCS Job Dogma 2011/11054 ATMOS_MBPIDRAFIAA0nos We Field Notes 20 Feet P.UEdoc 5302 S. 31st Sheet • Temple, Texas • 76502 (254) 773-1447 • Fax (254) 773-1728 • reswveyeresurveyors.com hip(( BN 1At Goa. Bore (pointed) LEGEND: • AN Property Comers ore 1/2' Iron Rebar Found, unless otherwise stated POB .• Point of Beginning P.U,E. 4v Public UIibly Easement NOTES: .J Eire Hydrant N68'O3 557x' r2t7 00'l LANTERN LIGHT DRIVE' I I Basis of bearings system is on the Teems State Plane Coordinate System, Central Zone, NAD83 as referenced to the NGS "CORS' Bose Station "BIZZ' in Georgetown. Texas whose coordinate value Is 14 01.260.434 0=3,131,237.379 The research tor the lond boundary property line of this tract hos been provided by this surveyor "or his associates AN other research for documents such os. but not Limited to, easements, deed restrictions, restrictive covenants, leases, etc. are the rssponaiblity of the clients Title Company or other third parties other than this surveyor or company. Copyright 2011, Ronald Carroll Surveyors, inc., All Rights Reserved. This survey wos provided .osly for the use of Atmos Energy, and that no license has been created or expressed or implied, to copy this survey except os is necessary In con)unctlon with the original contract, which shall take place within six months of this survey. Not valid without original signature and date. iiO4:64‘..ei B lo c k "L" w3 4 eb` ,$oe b ' ♦Itis' tic.i0 POB I 55703'55Yr 254.07' 6' Wood Fens E 290.52' oeFo off, 4 — *a Oi I 41 I 0 SAM BASS TRAILS SECTION ONE • Cabinet; I, Slide 260 gh" o Ni NI T.. I— I- — PARKLAND AND DRAINAGE EASEMENT Lot 11 50.21' .`sryepa 15 Public Utility Easement- ' 11,89'0925 V °' , 1 Power 56. Pole I c 0- O OI I 't�* iN r S88'0915"w Block B k' - SOMERSET It c° (0,�e 48L..,.? cob . Cabinet H, Slide 160 •/ Lot 36 omani�. Qeg°t N valve SeQ1- �%6' S /(gar Co /^ °s �� emelt. J i,.....--- ------ Top 6 S / t0 Z•x a Eope / Top Sp. ' Co QT s '6, ���S F 0/0,,7e s`77eq€ 4?8 do Area :,,,.....ci,................0.,tpenotinen /per°,9s? @ ¢2y�e <�44x \`�p m�ht� wef� e"t' Are;:::::://7e 8) / (ex° any P 4-� .e31 .fit c0 me 2 '5 . 3 Stretch showing a Proposed 20 feet Public Utility Easement on Lot 96, Block8, of SiOd 7' d, an addition to the City of Rotund Rock in rill ameon County, Tawas as it appears upon the map recorded in Cabinet 14 Silde 260 of the Williamson County. Plat Records, and part of Lot 11, Block Z" SAY BASS AMUS SECTION OM an addition to the CYO' of Round Rook in Williamson County, Texas as it appears upon the map recorded in Cabinet L Slide 260' of said fflWamson County Plat Records'' Surveyed June 16, 0011 RONALD CARROLL SUR \Easement. ubi a Utility ATMOS Energy i.• 140. 11054 '1'11" 41 'I ."114 l q/26/lr. NAME: 111154—ATMOS-20 Foot P.U.E. K: S:/RCS JOBS -2011 *� A t �M♦a, ORAWN 8Y; CJP FIELD 80DK: PG' 41-43