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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 ($10.00) and other good and valuable consideration. Property (with any improvements): An easement for public roadway purposes in, over, across and upon that portion of property as described and shown in Exhibit "A" attached hereto and made a part hereof for all purposes; 2012012688 For valuable consideration, the receipt of which is hereby acknowledged, Releasor/Easement Owner City of Round Rock does release, discharge, and quitclaim all of its right, title, and interest in and to the Property forever. Neither Releasor/Easement Owner nor its heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title in and to the Property or any part of it. At no time did the Releasor/Easement Owner City of Round Rock open, construct, maintain or operate a public roadway on the Property. This Quitclaim Release of Easement is given specifically and to release only the right of way easement across the property shown on Exhibit "A" held by the City of Round Rock for the benefit of the traveling public. When the context requires, singular nouns and pronouns include the plural. [signature page,follows] 00242660.DOC 0 EXECUTED on this the 114 4 day of TQbc Larc.— , 2012. RELEASOR/EASEMENT OWNER: CITY OF ROUND ROCK, TEXAS Steve Norwood, City Manager Acknowledgment STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the Ili±4 day of , 2012 by Steve Norwood, in the capacity and for the purposes and consideration recited herein t- ,9, MEAGAN M. SPINKS 'i "'�__ Notary Public, State of Texas •41 My Commission Expires ,,,,,,, September 09, 2014 After recording return to: Sheets & Crossfield, P.C. 309 East Main St. Round Rock, Texas 78664 Notary Pub State of T 2 z m 5 tu 0 z w co to cl z J 0 Q 0 T 0 iV Op M N C9 z rE 6 6 w to 0 a co N) ce a 0 0 N a 0 0 z Fa - 0 r co 0 0f a D 0 0 0 :13 LCD Q 1 a 0 d' co 01 O 0 rn co 0 OCz W m W N 0 N w 0 z W in v) w z J J J L EAVES 61C-8IC -IS 13 '$V3 CM'Q'S .09) 3Ama )1001:18 AaNVS CAB. 0 SL 318-319 P.R.W.C.T. LORSON LOOP s-- V) W z1.5 o• W oz a 2 (61 8 O O ad a E O.P.R.W EXHIBIT AA A II 1 i i i i d1 O 0 a 0 N 0 I co) .a z 0 ti 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 . 4t 3 Notary Pu c, Statof Texas I rl swum emir.: It 1 _.JO =Mtn. t ISAPAVAI —10 Moor nP[,sau • IAN PASPAVA MP/ INNS otfss a • 300' 600' 900` MVVKt 1141171: .ysa�t MK •:hs, LANs Parr t 0:1211..11(1.1, T 711" 1 P.. 1 — i 1 caroms ataionsroa : 1 1 ...` t l_LJ l ettl ate 1 . `i* MILL11.0.....1' L t 1 1 Asea 11. r (I.t1aW116N TNtt PP. AV.) Mt .. as tallOUN: ML .aa d Wong .•e ••.Asn aaactIfoisto1RM a •asst •thione, to" P U3 wawa PAT AMU wrtia SPATS MAI 3.v. Mea AV taut K Mal WAVI VaQl�li�iD 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 ti 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 0 z W Q tro z iv 6 tr. M N z 03 6 w d oa N M Ul O N O N i os r a 8 O W co 0 x co in z w io cn z J 12 0 0 0tn 0 0 io 1 O Q It r �N 0 Oo Vo O a oxo N ~0 Q 0. � O • 'No rCr4 i A 1 '1'Y•M?Pd 61C-8TS '1s 11 11V3 CM 0'2i .09) 3Alao )OO1:18 AaNds LORSON LOOP i 1 1 ir- 1 i i W J i 0 0 0 11) a °z h O 0 U v z H 0 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 O 0 0 z 6 03 w 10 t0 z w re 0 6 O N iY N 0 z 0 5 w ,tet 03 03 M ng 8 r co 0 N 0 03 0 co A m c., N to N z w z J ig la ga\\\\\\ ct) 21 r4 a Ess IS 'A 1V3 CAIN ,09) 2AII1a )100H8 AaNVS '‘4) ›-( V • rTj )..6▪ 4 co cc 1 0 to 0 N 0 a a 0 m (›-is� ri M' • E Q M• ~ CnEf z O 000 E-1 cd 4.1 Cn i z t gi 501 ibtkh 211 d a 0 0 �0 r, Q 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 C)cril0rr " E ?" Q tfi z m w in 0 V) In a 5 0 0 5 W 0 co U) tO CV VI a 03 M 0 0 0 H 0 0 N 0 so r a� 5 ica os U in co 0 U7 Oi a N z to 0 I!) O 0 Oa inau N0 L. 4 , 0. A.Gr\ 0 • a 1 �rA 2 o 0 r z 1 !.a '17tV 1 d P01 -IS `11 1V3 <Y'Ib'11 ,09) 3n(aa )1001:18 AaNYs 0 4 Q g 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