CM-12-02-034Gryj-�Z-o2- 031ECEIVEO
FEB 16 2012
rPUIPOSE TEXAS
City Manager Approval Form
Item Caption:
Consider executing a Quitclaim Release of Easement for Sandy Brook Drive right of way easement.
Approval Date: February 17, 2012
Department Name: Planning and Development Services Department
Project Manager: Peter Wysoki, AICP, Planning and Development Services Director
Assigned Attorney: Charlie Crossfield
Item Summary:
The University Village Planned Unit Development (PUD #83) was approved in October 2008. The land is bounded by University
Blvd. to the North, Campus Village Drive on the East, the existing Eagle's Nest Subdivision to the South, and Sandy Brook Drive to
the West. The PUD allows a combination of uses designed to provide a transition between the existing single family
neighborhood to the west and the college campuses and town center development to the east. In conjunction with the PUD
approval, a Development Agreement was approved that spoke of traffic signal requirements and the dedication and ultimate
construction of rights-of-way within the PUD area.
In 2010 an amended Development Agreement between the City of Round Rock and the Developer, SBB Holdings, LP, was
approved by City Council stating the concurrence of both parties in regards to the future release of three previously dedicated
street right-of-way stub -outs along Sandy Brook Drive. The timing specified in the Development Agreement states that the City
shall release the stub -outs prior to Final Plat recordation. The purpose of this request is to release approximately 0.0267 acre on
the east side of Sandy Brook Drive at Lorson Loop, the northernmost of the three stub -outs. The proposed right-of-way vacation
is included in the University Village North Section 3, Lot 1 Block C Final Plat that was approved by the Planning and Zoning
Commission on February 1, 2012. It should be noted the stub -out is not used for vehicular access and, as a part of the plat
rarnrrlatinn nrnracc a 1f' PI IF chall ha rlarliratarl alnnatha Cando Rrnnle frnntaaa Thai rcmaininoctiih-niitc will ho roloaeran
No. of Originals Submitted: One
Project Name:
Cost:
Release of Easement
N/A
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 2/15/12
Department Director Approval: Peter Wysocki, Planning and Development Services Director Date: 2.10.2012
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.**
CIP E] Budget
N/A OKEl
N/A OOKK
Purchasing
El El
N/A OK
Accounting
El El]
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
Q
11
111118111111111
QUITCLAIM RELEASE OF EASEMENT
SANDY BROOK DRIVE RIGHT OF WAY
Date: e -u , 2012
Releasor/Easement Owner: CITY OF ROUND ROCK, TEXAS
Releasor's Mailing Address (including county):
City of Round Rock, Texas
221 E. Main Street
Round Rock
Williamson County, Texas 78664
11
REL
15 PGS
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
Property (with any improvements):
An easement for public roadway purposes in, over, across and upon that portion of
property as described and shown in Exhibit "A" attached hereto and made a part
hereof for all purposes;
2012012688
For valuable consideration, the receipt of which is hereby acknowledged,
Releasor/Easement Owner City of Round Rock does release, discharge, and quitclaim all of its
right, title, and interest in and to the Property forever. Neither Releasor/Easement Owner nor its
heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or
title in and to the Property or any part of it. At no time did the Releasor/Easement Owner City of
Round Rock open, construct, maintain or operate a public roadway on the Property.
This Quitclaim Release of Easement is given specifically and to release only the right of
way easement across the property shown on Exhibit "A" held by the City of Round Rock for the
benefit of the traveling public.
When the context requires, singular nouns and pronouns include the plural.
[signature page,follows]
00242660.DOC
0
EXECUTED on this the 114 4 day of TQbc Larc.— , 2012.
RELEASOR/EASEMENT OWNER:
CITY OF ROUND ROCK, TEXAS
Steve Norwood, City Manager
Acknowledgment
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the Ili±4 day of ,
2012 by Steve Norwood, in the capacity and for the purposes and consideration recited herein
t- ,9, MEAGAN M. SPINKS
'i "'�__ Notary Public, State of Texas
•41 My Commission Expires
,,,,,,, September 09, 2014
After recording return to:
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664
Notary Pub State of T
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CAB. 0 SL 318-319
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METES AND BOUNDS DESCRIPTION
OF 0,0267 ACRES OF LAND
IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215
WILLIAMSON COUNTY, TEXAS
ALL OF THAT CERTAIN 0.0267 ACRE TRACT OF LAND OUT OF THE REPLAT OF STONEY
BROOK SECTION THREE "A", ACCORDING TO THE PLAT THEREOF RECORDED IN CAB. 0
SL. 318-319, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, IN THE ABEL L. EAVES
SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEARINGS ARE BASED ON
THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01-035, ROUND ROCK 01-010,
AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE
PLANE COORDINATE SYSTEM CENTRAL ZONE.
BEGINNING at a'' ' A" iron rod found in the easterly right-of-way line of Sandy Brook Drive 60' right-of-
way, common to a point in the west line of a 98.20 acre tract described in the deed from The State of
Texas to SBB Holdings, LP. recorded under Document No. 2008021486 in the Official Public Records of
Williamson County, Texas, for the point of curvature of a non -tangent curve to the left having a Delta
Angle of 89°19'14", a radius of 20.00', and from which the radius bears North 69°00'48" East;
THENCE Along said curve the left in a southeasterly direction with said east right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.18', to a' 'A" iron rod found for
the end of curve;
THENCE South 20°54'28" East with said east right-of-way line of Sandy Brook Drive and west line of
said 98.20 acre tract, a distance of 49.84' to a 'A" iron rod found for the point of curvature of a non -
tangent cave to the left, having a Delta Angle of 90°21'12", a radius of 20.00' and from which the radius
bears South 21°06'28" East;
THENCE Along said curve the left in a southerly direction with said cast right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.54', to a'/:" iron rod found for
the end of curve, and from which a 14" iron rod found for the southeast corner of said Replat of Stoney
Brook Section Three "A", common to the northeast corner of the Stoney Brook Section 5 according to the
plat thereof recorded under Cab. Y, SI. 184 in the Plat Records of Williamson County, Texas bears South
20°50'46" East, a distance of 80.11'
THENCE North 20°49' 10" West, a distance of 90.00' to the POINT OF BEGINNING of the herein
described tract and containing 0.0267 acres of land;
Prepared by:
PATE SURVEYORS
a division of
Pate Engineers, Inc.
Job No. 1135-012-07-5510
ACL
Certificati m Date
May 7, 2009
1111011111111
I lilt 1111 :::Gs
FIRST AMENDED DEVELOPMENT AGREEMENT
2010008307
THIS FIRST AMENDED DEVELOPMENT AGREEMENT (The "Amended
Agreement") is executed between the City of Round Rock, Texas, a political subdivision
of the State of Texas (the "City") and SBB Holdings, L.P.{a Texas limited partnership
(the "Developer"), to be effective on this ZeYba day of dnii I4J+VYLi , 2010.
RECITALS:
WHEREAS, the City and the Developer entered into a Development Agreement
(the "Agreement") effective October 23, 2008, and adopted in Resolution No. R -00-10-
23-12A1, setting forth various agreements and understandings with respect to the
development of a certain 98.19 acre tract of land (now 73.6 acres) located at the southeast
comer of the intersection of University Boulevard and Sandy Brook Drive in Round
Rock, Texas, more particularly described in Exhibit "A", attached hereto (the
"Property"); and
WHEREAS, because of changed circumstances, the City and the Developer now
wish to amend the Agreement,
NOW THEREFORE, in consideration of the premises set forth above and of the
mutual covenants and agreements of the parties hereto, to be by them respectively kept
and performed as hereinafter set forth, the City and the Developer agree as follows:
Article 1. Amendments
AGREEMENT
1. Section 1.4.3, requiring the Developer contribution of $22,000 for
the installation of a traffic light at the intersection of Seton
Parkway and University Boulevard, is deleted in its entirety.
2. The Developer shall dedicate and convey to the City a 17' wide
strip of right-of-way abutting University Boulevard, the final
survey of which shall be paid for by the Developer and approved
by the City. In return, the City shall convey to Developer, by
quitclaim deed, three previously dedicated street right-of-way stub -
outs, totaling approximately 0.08 acres, said stub -outs being shown
on Exhibits "B-1", "B-2" and `B-3", attached hereto. The City
conveyances shall occur prior to the recordation of each final plat
adjacent to each stub -out. The University Blvd. right-of-way shall
be conveyed upon the recordation of the final plat for any portion
of Parcel 1, or when the City determines that the right-of-way is
Cemfaaalat?01IMt16UC( ITRAC710017n3E9.DCC
O 0
needed for the actual expansion of University Boulevard,
whichever occurs earliest.
3. In lieu of constructing the widening of the portion of Sandy Brook
Drive south of Zodiac to 40 feet, as required in Planned Unit
Development No. 83, the Developer shall pay in cash to the City
the amount of $181,149.13 (125% of the estimate of cost of
construction of said widening) prior to the recordation of any final
plat for Parcels 6 or 7.
4. Except as expressly amended and modified hereby, the
Development Agreement shall continue in full force and effect in
accordance with the original terms and provisions, which shall be
deemed to be confirmed, ratified and approved.
5.
The following exhibits are attached to this First Amended
Agreement and are incorporated as part of this Agreement for all
purposes as if set forth in the body of this Agreement.
Exhibit "A" Property Description
Exhibits `B-1", "B-2" and "B-3" City Conveyances
Executed by the City and Developer on the dates of their
respective acknowledgments on the following page.
2
ATTEST:
Name: Sara White
City Secretary
CITY C� gUND RTEXA
O ,S
By: C 'f(/ �j�l
Name: Alan McGraw
Title: Mayor . t
Date:
SBB HOLDINGS, LP
a Texas limited partnership
By: SBB Holdings GP, LLC
a Texas limited liability company
its general partner
B
Print
Tit : rYt sl ,
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF Williamson- 11rO.V'
This instrument was acknowledged before me on 13 , 2010
by i M.o 7 . t PX f , ifil\d inn. for SBB H DINGS GP,
LLC, a Texa invited liabili company, general partner to SBB HOLDINGS LP, a
Texas 1. . ' ompany and limited partnership.
STATE OF TEXAS
EMILY K STROBEL
My Commission Expires
February 25, 2010
COUNTY OF Williamson
ACKNOWLEDGEMENT
This instrument was acknowledged before me on
by Alan McGraw, as mayor of the City of Round Rock, Texas.,
2-7-111
010
%; MONIQUE G. ADAMS
� *= MY COMMISSION EXPIRES
Ssplember 18, 2011
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Notary Pu c, Statof Texas
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PAGE 1 OF 2
PATE + SURVEYORS
A DIVISION OF PATE ENGINEERS, INC.
,►1 e,•/ r Ara... it Wo -Pas h IMV MHM.q.h[wMI " ...Mryss
OVERALL UNIVERSITY VILLAGE ZONING EXHIBIT
ABEL L EAVES SURVEY, A-216
. WILLIAMSON COUNTY, TEXAS
otAs• +w o as 01/0/1013
Aha. °Y P MGT NO.:
^'VPUt I. ..too'
1136-012-00-A800
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E- at n e r A
RECORDERS MEMORANDUM
All or parts of the text on this page
was not clearly legible for
satisfactory recordation
METES AND BOUNDS DESCRIPTION
OF 0.0267 ACRES OF LAND
IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215
WILLIAMSON COUNTY, TEXAS
ALL OF THAT CERTAIN 0.0267 ACRE TRACT OF LAND OUT OF THE REPLAT OF STONEY
BROOK SECTION THREE "A", ACCORDING TO THE PLAT THEREOF RECORDED IN CAB. 0
SL 318-319, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, IN THE ABEL L EAVES
SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEARINGS ARE BASED ON
THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01-035, ROUND ROCK 01.010,
AND ROUND ROCK 01-011. NAD 83/1-LARN 93 HORIZONTAL COORDINATES, TEXAS STATE
PLANE COORDINATE SYSTEM CENTRAL ZONE.
BEGINNING at a'A" iron rod found in the easterly right-of-way lint of Sandy Brook Drive 60' right-of-
way, comtnon to a point in the west line of a 98.20 acre tract described in the deed from The State of
Texas to SBB Holdings, LP. recorded under Document No. 2008021486 in the Official Public Records of
Williamson County, Texas, for the point of curvature of a non -tangent curve to the left having a Delta
Angie of 8V19'14", a radius of 20.00', and from which the radius bears North 69°00'48" Bast;;
THENCE Along said curve the left in a southeasterly direction with said east right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.18', to a Y," iron rod found for
the end of curve;
THENCE South 20°54'28" East with said east right-of-way line of Sandy Brook Drive and west line of
said 98.20 acre tract, a distance of 49.84' to a W' Iron rod found for the point of curvature of a non -
tangent curve to the left, having a Delta Angle of 90°21'12", a radius of 20.00' and from which the radius
bears South 21°06'28" East;
THENCE Along said curve the left in a southerly direction with said east right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.54', to a IA" iron rod found for
the end of curve, and from which a ''A" iron rod found for the southeast corner of said Repeat of Stoney
Brook Section Three "A", common to the northeast corner of the Stoney Brook Section 5 according to the
plat thereof recorded under Cab. Y, SI. 184 in the Plat Records of Williamson County, Texas bears South
20°50'46" East, a distance of 80.11'
THENCE North 20°49' 10" West, a distance of 90.00' to the POINT Olt BEGINNING of' the herein
described tract and containing 0.0267 acres of land;
Prepared by:
PATE SURVEYORS
a division of
Pate Engineers, Inc.
Job No. 1135.012-07-SS10
May 7, 2009
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METES AND BOUNDS DESCRIPTION
OF 0,0266 ACRES OF LAND
IN THE ABEL L, EAVES SURVEY ABSTRACT NO. 215
WILLIAMSON COUNTY, TEXAS
ALL OF THAT CERTAIN 0.0266 ACRE TRACT OF LAND OUT OF STONEY BROOK SECTION 5,
ACCORDING TO THE PLAT THEREOF RECORDED IN CAIS. Y SL.184, PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, 114 THE ABEL L. EAVES SURVEY ABSRACT N0. 215,
WILLIAMSON COUNTY, TEXAS, BEARINGS ARE BASED ON THE CITY OF ROUND ROCK
GPS STATIONS: ROUND ROCK 01-035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD
83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM
CENTRAL ZONE.
BEGINNING at a' h" iron rod found with RJE&S cap in the easterly right-of-way line of Sandy Brook
Drive 60' right-of-way, common to a point in the west line of a 98.20 acre tract described in the deed
from The State of Texas to SBB Holdings, LP. recorded under Document No. 2008021486 in the Official
Public Records of Williamson County, Texas, for the point of curvature of a non -tangent curve to the left
having a Delta Angle of 8995'21", a radius of 20.00' and from which the radius bears
North 69°11'58" East, and from which a %" iron rod found in the northeast corner of said Stoney Brook
Section 5 plat, common to the southeast of the Replat of Stoney Brook Section Three "A" according to
the plat thereof recorded under Cab. 0, SL 318-319 in the Plat records of Williamson County, Texas bears
North 20052120" West, a distance of 369.80'
THENCE along said curve the left in a southeasterly direction with said east right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.16', to a Y2" iron rod found with
RJE&S cap for the end of curve;
THENCE South 20°53'54" East with said east right-of-way line of Sandy Brook Drive and west line of
said 98.20 acre tract, a distance of 50.00' to a '/:" iron rod found with RJE&S cap for the point of
curvature of a curve to the left, having a Delta Angle of 89°19'49", a radius of 20.00' and from which the
radius bears South 21°45'16" East;
THENCE along said curve the left in a southerly direction with said east right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.18', to a %" iron rod found with
RJE&S cap for the end of curve;
THENCE North 20°54'05" West, a distance of 90.09' to the POINT OF BEGINNING of the herein
described tract and containing 0.0266 acres (Aland;
Prepared by:
PATE SURVEYORS
a division of
Pate Engineers, Inc.
Job No. 1135-012-07-S510
(xtilBiT
p2"
ertifon Date
May 7, 2009
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METES AND BOUNDS DESCRIPTION
01? 0.0269 ACRES 01? LAND
IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215
WILLIAMSON COUNTY, TEXAS
ALL THAT CERTAIN 0.0269 ACRE TRACT OF LAND OUT OF STONEY BROOK SECTION 5,
ACCORDING TO THE PLAT THEREOF RECORDED 1N CAB. Y SL.I84, PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, IN THE ABEL L. EAVES SURVEY ABSRACT NO. 215,
WILLIAMSON COUNTY, TEXAS, BEARINGS ARE BASED ON THE CITY OF ROUND ROCK
OPS STATIONS: ROUND ROCK 01.035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD
83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM
CENTRAL ZONE.
BEGINNING at a'''A" iron rod found in the easterly right-of-way lite of Sandy Brook Drive 60' right-of-
way, common to a point in the west cine of a 98.20 acre tract described in the deed from The State of
Texas to SBB Holdings, LP. recorded under Document No. 2008021486 in the Official Public Records of
Williamson County, Texas, for the point of curvature of a non -tangent curve to the left having a Della
Angle of 91°15'25", a radius of 20.00' and from which the radius bears North 70°21'34" East, and from
which a YA" iron rod found for the northeast corner of said Stoney Brook Section 5 plat, common to the
southeast corner of the Replat of Stoney Brook Section Three "A" according to the plat thereof recorded
under Cab. 0, SI.318-319 in the Plat records of Williamson County, Texas bears North 20°50'46" East, a
distance of 119.53'
THENCE Along said curve the left in a southeasterly direction with said east right-of-way line of Sandy
Brook Drive and west line of said 98.20 acre tract, an arc distance of 31.85', to a W iron rod found with
RJB&S cap for the end of curve;
THENCE South 20°55'24" East with said east right-of-way line of Sandy Brook Drive and west line of
said 98.20 acre tract, a distance of 49.85' to a 'A" iron rod found with RJE&S cap for the point of
cutvature of a curve to the left, having a Delta Angle of 90°26' 12", a radius of 20.00' and from which the
radius bears South 20°30'52" East;
THENCE Along said curve the left in a southerly direction with said cast right-of-way line of Sandy
Brook Drive and west Iine of said 98.20 acre tract, an arc distance of 31.57', to a W' iron rod found with
Baker-Aicklen cap for the end of curve;
THENCE North 20°49'26" West, a distance of 90.31' to the POINT 0Ir BEGINNING of the herein
described tract and containing 0.0269 acres of land;
Prepared by:
PATE SURVEYORS
a division of
Pate Engineers, Inc.
Job No. 1135-012-07-S510
C. a• !h/
Certification Date
May 7, 2009
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CITY OF ROUND ROCK -
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TX 78664
co
FILED AND RECCabED
OFFICIAL PUBLIC RECORDS 2910808301
02/09/2010 01:49 PM
SURRATT $60.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2012012688
E.�
02/22/2012 04:06 PM
CPHELPS $80.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
221 EAST MAIN STREET O
ROUND ROCK, TX 78664