CM-12-07-129Item Caption:
e/(V'O)Z EDEIVED
JUL 111012
City Manager Approval Form
Consider executing a Partial Release of a 50 -foot portion of a 10 -foot wide Public Utility Easement, 16
Wooded Way, Oak Bluff Estates.
Approval Date: July 13, 2012
Department Name: Planning and Development Services Department
Project Manager: Peter Wysoki, AICP, Planning and Development Services Director
Assigned Attorney: Steve Sheets
Item Summary:
The subject site it located north of the northeast corner of Wooded Way and Wilderness Way, more generally located in Oak
Bluff Estates south of County Road 123, west of Twin Ridge Parkway. The property owner is requesting to release an approximate
500 -square foot portion of an existing Public Utility Easement located along the north property line of Lot 65, Block C of Oak Bluff
Estates Phase 2. The purpose of the request is to release the portion of the easement that will be encroached upon by a
proposed storage building. The portion being released has been determined unnecessary by the City's Utilities Department and
other utility providers, and they have no objection to this release.
No. of Originals Submitted: One
Project Name:
Cost:
Source of Funds:
Partial Public Utility Easement Release - Oak Bluff Estates
N/A
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number: N/A
Finance Director Approval: Cheryl Delaney
Date: 7/11/12
Department Director Approval: Peter Wysocki Date: 7.6.2012
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP Z Budget ❑� 0 Purchasing n n Accounting a 111
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
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ::',Gs
RELEASE OF PORTION OF
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2012057810
That the CITY OF ROUND ROCK, TEXAS, a municipal corporation 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 David W. Boerstler, the receipt and
sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE
only the below -described portion of that certain Public Utility Easement of record in Cabinet K, Slides
189-192, recorded as Document No. 1993011867, Plat Records of Williamson County, Texas to -wit:
See Exhibit "A" attached hereto and made a part hereof, showing a 500 square foot tract of land,
configured as a 10 foot wide strip 50 feet long along the north property line of Lot 65, Block C, of Oak
Bluff Estates, Phase 2, Amendment 1; the Amended Plat of Oak Bluff Estates, Phase 2, Lots 10, 11, 12,
13, 14, 15, 16, I7, 18, 51, 52, 53, 54, 55, 56, 57, 58, 65, 66, 67, 68, 69, 70, 70, 71, 72, 73, 74, 75, 76, 77,
81, and 82, Block C, an addition in and to the City of Round Rock, Williamson County, Texas, according
to the map or plat thereof recorded in Cabinet K, Slides 189-192, Plat Records, Williamson County,
Texas.
This instrument is given specifically to release only 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 Public Utility Easement" to be executed on this the 1 20 day of the month of
, 2012.
00253017.docx/jrnr
1
RELEASER:
CITY OF ROUND ROCK, TEXAS
By:
Steve Norwood, City Manager
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
§
§
§
TJis instrument was acknowledged before ane on this the 12 day of the month of
, 2012 by Steve Norwood, City Manager for the CITY OF ROUND
ROCK, Texas in the capacity and for the purposes and consideration therein expressed.
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
2
Notary Public, State of Texas
rn",1. SAM LEIGH WHITE
"I MY COMMISSION EXPIRES
'Ips July 11, 2016
Plat of survey of property at 16 Wooded Way
described as Lot 65 ; Block C , of
(see note)
a subdivision of record in Map or Plat
189-192 of the Williamson
• # 94027031 X9 03/17/94
wifa P3triria S Rnprgtlar
Volume/Book/Cabinet x at Page(s)/Slide(s)
County, Texas Plat Records. G.F
Ref: flavin W RoArgt1ar and
Dated:
SG -t. -E. : I " . 3o'
NOTE: Subject to
restricitons recorded in
Vol. 1305 PG. 318, Vol. 1684
Pg. 450 and Vol. 6!2
2190 Pg. 934.
NOTE:
Easement recorded in
430 Pg. 648 does not
to this lot.
NOTE:
OAKBLUFF ESTATES,
PHASE 2,
AMENDMENT 1: THE
AMENDED PLAT OF
OAK BLUFF ESTATES
PHASE 2, LOTS 10, 11,
12, 13, 14, 15, 16, 17, 18,
51, 52, 53, 54, 55, 56, 57,
58, 65, 66, 67, 68, 69, 70,
71, 72, 73, 74, 75, 76, 77,
81 & 82, BLOCK C
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To the owners,. lienholders, and Georgetown Title Company, Inc. and Stewart Title
Guaranty Company
The undersigned does hereby certify that the plat shown represents the results
of a survey on the ground under my supervision and is true and correct and
that there are no discrepancies, conflicts, shortages In area, boundary line
conflicts, encroachments, overlapping of improvements, vlsable utility easements,
except as shown and the property has access to and from a dedicated roadway.
The property indicated hereon Is located in Zone "X" area outside the 500
year flood plain
as shown on Community Panel Number 48 10'710.335C,
of the FLOOD INSURANCE RATE MAP prepared for Williamson County, TexaS
by the Federal insurance Administration Department, H.U.D.
Effective Date: Sept-. 27, 1991
ROUND ROCK. TEXAS
KIM IFI H@BNX I1 ).H EIIb
Easement Release
Project Information Sheet
Planning & Development Services Department (PDS) 512-218-5428
Project Name: Her 1)P t i LI ,:ti S
Subdivision Name: 44 k B tvc>r O -}-f -(e 5
Original Easement Record Infopation
Cabinet/Slide or Document#:
Property & Legal Description
Tax Appraisal Dist. ID# (s): 8334 D it / -1/.- 4g-) 7 - ponce — 0065
Subdivision: %k IvF 4 e s
Phase: 2_ Section:
Block: G Lot: tis
- OR -
Survey Name & Abstract #:
To be released: Square feet: 3-00 Acres:
Owner Information
Name: "i7 414;A W f3c, 0--r1 ¢- (e4--- Tine: a wI~
Firm name (if applicable);
Firm address: / 6 14 7 oo.le /A-) 'be) I / e/L
Ph: 1 2..-3 Tam -163 / Fax: Email: #4.6 es -54-10+4Z s
Applicant's Contact Information
Name: .Sot rtie_ Title:
Firm name (If applicable);
Firm address:
Ph: Fax: Email:
City of Round Rock Information
Council or P&Z Date (If applicable):
Staff person requesting deed
Staff person phone #:
ROUND ROCK. TEXAS Project Application
!mot mcvoN rsr ririre City of Round Rock • Planning & Development Services Department
301 W. Bagdad Ave. #210, Round Rock, TX 78664.512-218-5428
Project Name: Acce.ssor/;', %/ ,..15
Project Address: / 6to,9,40..1 kJ i ' J k 1
Tax ID number(s): 123366'rf` / 9 1 L 441 1 7 — 000C -- 606.E
Application Type
❑ Annexation 0 Concept Pian 0 Minor Plat LelVacation (circle one: plat,
❑ Zoning 0 Preliminary Plat 0 Replat asemenj building line)
O PUD 0 Final Plat 0 Amended Plat 0 Donation
Project Information
Revision of Approved Plan/Plat? ❑ Y ❑ N Name:
Jurisdiction: 0 City Limits 0 ETJ Total Acres: No. of Lots:
Original Survey & Abstract No.:
Legal Description:
Proposed Use:
Current Zoning: Proposed Zoning:
Property Owner
Firm Name (if applicable):
Owner Name(s): T -Dc u14 j1J mors-wp,Y
Address: /6 Lthede /Uac/ %2o v a-41 1G;
Phone: s'1 Z 3 SSs /63 { Fax: Email: d g5
Applicant/Agent/Engineer (main contact person responsible for application)
Role: 0 Engineer 0 Owner's Agent Ii Ether: Q W Br"'
Firm Name (if applicable):
Address: .tea oho -
Primary Contact Name:
Phone: Fax: Email:
Secondary Contact Name:
Phone: Fax: Email:
I hereby Certify that the information supplied with this application is true and correct, and that the paper and
electronic copies of the materials submitted are consistent with each other, to the best of my knowledge.
/3.
Signature: D.rl 4/
Printed Name: bowie() %J ioP�,LfP _
Date: 4/ f Z5r/zot Z
Staff Use Only Application No: Date:
June 3, 2012
David W. and Patricia S. Boerstler
16 Wooded Way
Round Rock, TX 78664
3 I Z- 3'Tv- l6"3 i
To: Director of Planning and Development Services
Subject: Easement Release for Boerstler property at 16 Wooded Way
Attached please find the materials required for easement release as described in
"Subdivision Development Easement Vacation" for Round Rock, Texas, dated Jan 2012.
The purpose of this request is to secure an unencumbered area along the north property
line of the back yard for the placement of a storage shed which will contain tools, garden
equipment and materials, and other miscellaneous items.
Thank you for your consideration,
tD," Fy
David W. Boerstler
'---.P4-171::-.-.S. r. 1--rs"'s—
Patricia S. Boerstler
GENERAL WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF Williamson
22306
KNOW ALL MEN BY THESE PRESENTS:
THAT Pitt Building Company, Inc. , hereinafter called GRANTOR (whether one or more), for and in
consideration of the sum of TEN AND NO/100 DOLLARS (10.00) cash and other good andvaluable consideration
to GRANTOR in hand paid by David W. Boerstler and Patricia S. Boerstler, husband and wife , whose mailing
address is 16 Wooded Way, Round Rocky TX 78664, hereinafter called GRANTEE (whether one or more), the receipt
and sufficiency of which are hereby acknowledged, and the further consideration of a sum paid to GRANTOR by
7be Pradential Home Mortgage Company, Ina, hereinafter, called BENEFICIARY - at the peciat lnstance.and-
request of GRANTEE, the receipt and sufficiency of which sum, being in the amount specified in that certain deed
of trust referenced below, is hereby acknowledged and confessed; and as evidence of such advancement, GRANTEE
has executed GRANTEE'S note of approximate date herewith for such amount payable to the order of
BENEFICIARY, said note payable as provided therein and bearing interest at the rate specified therein; and the
payment of said note is secured by a vendor's lien reserved herein and -is additionally secured by a deed of trust of
even date with said note, executed by GRANTEE to R. C. Stiles, Esq., TRUSTEE, reference to which deed of trust
is hereby made for all purposes; and in consideration of the payment by BENEFICIARY of the sum specified in said
deed of trust, GRANTOR hereby transfers, sets over, assigns, and conveys unto BENEFICIARY and its assigns a
vendor's lien and superior title retained and reserved herein against the property and premises conveyed herein in
the same manner and to the same extent as if said note had been executed in GRANTOR'S favor and assigned by
GRANTOR to BENEFICIARY without recourse; and GRANTOR has BARGAINED, GRANTED, SOLD, and
CONVEYED, and by these presents does BARGAIN, GRANT, SELL, and CONVEY unto GRANTEE the
following described property, to -wit:
LOT 65, BLOCK C, OF OAK BLUFF ESTATES, PHASE 2, AMENDMENT 1; THE AMENDED
PLAT OF OAK BLUFF ESTATES, PHASE 2, LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18, 51, 52, 53,
54, 55, 56, 57, 58, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 81 AND 82, BLOCK C, AN
ADDITION IN AND TO THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PIAT THEREOF RECORDED IN CABINET K, SLIDES
189-192, PIAT RECORDS, WILLIAMSON COUNTY, TEXAS
TO HAVE AND TO HOLD the above-descn'bed premises, together with, all and singular, the rights and
appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S heirs and assigns forever.
GRANTOR does hereby bind GRANTOR and GRANTOR'S heizsl_executors, and administrators to warrant and
forever, defend, ell and singular, the said -premises unto (-RANTES and 'GRANTEE' heirs and assigns against every
person whomsoever claiming or to claim the same or any part thereof.
Taxes of every nature for the current year have been prorated and are assumed by GRANTEE This
conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, conditions, easements,
and covenants, if any, applicable to and enforceable against the -above described property as reflected by the records
of 'the County Clerk of the aforesaid County. • -
But it expressly agreed and stipulated that the vendor's Ilea and'superior title are retained in favor of the
payee in said note against the above-described property, premises, and improvements until said note and all interest
thereon is fully,paid according to the face, tenor, effect, and readigg.there f -when this deed shall become absolute.
When this deed is executed by more than one peron or 'ihen GRANTOR or GRANTEE is more than
one person; the instrument shall read as thougl _pertinent;verbs and.prQnDuns were changed to correspond; and
widen executed by or to a corporation, the words "heirs, execcitors, and administrators° or "has and assigns° shall
be construed to mean 'successors and assigns.°
EXECUTED this p =d day of ! a:
•
Eitt:Bnildu�g Company, Inc
,19 ot,
: _......_ r zfteitit IIed GRANTOR (whether one or more), for and in
to dr z sixm ofVi _NO,10 DOLLARS (510.00) cash and other good and valuable consideration
GIb 'TOR n hand paid by David W: Boerstler'-and Patricia S. Boerstler, husband and wllb , whose mailing
address is 16 Wooded Way, Round Rock TX78664, hereinafter called GRANTEE (whether one or more), the receipt
and sufficiency of which are hereby acknowledged, and the further consideration o a sum paid to GRANTOR by
The Prudential Home Mortgage Company, 1nec, hereinafter called BBN Y et the s ins
request of GRANTEE, the receipt and sufficiency g specified
.ictal. _ certain sed.
p ncy of which sum being in the a not specified in that deed
of trust referenced below, is hereby acknowledged and confessed; and as evidencof such advancement, GRANTEE
has executed GRANTEE'S note of approximate date herewith for such amount payable to the order of
BENEFICIARY, said note payable as provided therein and bearing interest at the rate specified therein; and the
payment of said note is secured by a vendor's'lien reserved herein and is additionally secured bji a deed of trust of
even date with said note, executed by GRANTEE to R. C. Stiles, Esq., TRUSTEE, reference to which deed of trust
is hereby made for all purposes; and in consideration of the payment by BENEFICIARY of the sum specified in said
dad of trust, GRANTOR hereby transfers, sets over, assigns, and conveys unto BENEFICIARY and its assigns a
vendor's lien and superior tido retained and reserved herein against the property and premises conveyed herein in
the same manner and to the same extent as if said note had been executed in GRANTOR'S favor and assigned by
GRANTOR to BENEFICIARY without recourse; and GRANTOR has BARGAINED, GRANTED, SOLD, and
CONVEYED, and by these presents does BARGAIN, GRANT, SELL, and CONVEY unto GRANTEE the
following described property, to -wit:
LOT 65, BLOCK C, OF OAK BLUFF ESTATES, PHASE 2, AMENDMENT 1; THE AMF.NDED
PLAT OF OAK BLUFF ESTATES, PHASE 2, LOTS 10, 11,12,13,14,15,1417,18,51,52,53,
54, 55, 56, 57, 58, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 81 AND 82, BLOCK C, AN
ADDITION IN AND TO THE CITY OF ROUND ROCK, WI LIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET K, SLIDES
189-192, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
TO HAVE AND TO HOLD the above-described premises, together with, all and singular, the rights and
appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S R�IVTBB S heirs and assigns forever.
GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, executors, and administrators to warrant and
-forever defend; all and singular, tate seid'preinises Tinto EB and"CfR EE' lu 'and astigritigatit every
person whomsoever claiming or to claim the same or any part thereof
Taxes of every nature for the current year have been prorated and are assumed by GRANTEE. This
conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, conditions, easements,
and covenants, ff any, applicable to and enforceable against the above-described property as reflected by the records
ofihe County Clerk of the aforesaid County.
But it is expressly agreed and stipulated that the vendor's lien and'siiperior title are retained in favor of the
*saki note against the above-described property, premises, and improvements until said note and all interest
in is: fully..pant according to the face, tenor, effect, and reading:thereof, when this deed shall become absolute.
;When°this deed is executed by more than,one person, or•when.(r t-ANTOR or GRANTEE is more than
a
•::on .Ibe''instrument shall read as though; peitinent.verbs aadtpronouns were changed to correspond; and
wen**uted;by.or to a corporation, the words 'hours, executors, and adnunlstrators" or 'heirs and assigns' shall
• •t "inch "sticee sora and assigns.*
•
EXECUTED this 2nd ... day of May , 19 94
•
Pitt Building Company, Inc.
By:
Name: .7:4j7y C - a tt
MAI. RECORDS
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF Williamson
This instrument was acknowledged before me on the 2— day of May
1994 .by Tom C. Pitt
Presidpnt.
of Pitt Building Company, Inc. , on behalf of said corporation.
er Recording Return to:
David . Dustier and Patricia S. Boersder
16 Wooded
Round Rock,
STATE OF TEXAS COUNTY OF WitilAtitSV
1 hereby certify that this instrument was FILEt
on the date and at the time stamped hear.
by me, and was duly RECORDED In the Volum:
and Page of the named RECORDS of Williamson
County, Texas, as stamped hereon by me. on
31991,
COUNTY CLERK
WILLIAMSON COUNTY. TEXAS
The real property, described below, wiiich you are about: to luIrehnue
is toasted in the DRUSIi-l-C1iE1sIt-WATER-CONTROLAND-IMBROVEMEN'p nTAT
The diatr:Lot has taxing authority separate from any other t;ux taxing nuthnt•.i I.,yy, and•
may, subject to vnl;eta approval, issue nn unlimited nwnent• or Ixjnds and levy ,u
unlimited rate of tax in payment of such bonds. As or this date, the rate of
taxes levied by the district on real property located in the'district is i.
on each 100 of assessed valuation. If the district.has not-"0�
l _-=
iie
most recent; projected rate of debt service tux, as or this date,:lsied taxes, on
each 100 of assessed valuation. The total amount or bonds which has been approved
by the voters and which have been or may, at this date, be :Issued is $ -0_
and the aggregate initial principal amounts of all bonds issued for one or more
of the specified facilities of the district any payable in whole or in part f'rosn
property taxes is 4l -U-
- -.- ----.. The -di rict iiia tiiet- aut•hSrl ty,-td idopt and ' i iiese a standby 1.661
on property in the district that htxs water, sewer, snn.ltary, or drainage facilities
and services available but not connected and which tides not; have n house, building
or other improvement located thereon and docs not rsui',jtatttlnl:ly utilize the
utility capacity available to the property. The district may exercise the authority
without holding an election on the matter. As of this date, the amount of the
standby fee is 4; ..O- . An unpaid standby ree is a personal obligation or
the person that Owned the property at the time of the: imposition and is uecurcul
by a lien on the property. Any person may request a certificate from the district
stating the amount, :i r any, of unpaid utandby fees on a tract or property :in thn
diutrjct.
'l'he purpose of this district :Ls to provide water, sewer, drainage,..'
or flood control facilities and services within the district through the issuance
of bonds payable in whole or in part from property taxes. The cost or these
utility facilities is not included In the purchnue price or your property, and
these utility facilities are owned or to be owned by the district. The leedl
description o1' the property which you are acquiring is au follows:
Lot 65, Block C, of OAK BLUFF ESTATES, PHASE 2, Atm
OF OAK BLUFF ESTATES, pgA�gE 2, AMENDMENT 1; THE AM]�+1DED PLAT
52,
53 54 56,T7 $, J LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18, 51
55,65, , 67, 68, 69, 70, 71, 72, > 81,
BLOCK C, an addition in and to the City of Round Rock,•Williamson�County, Texas, '.
according to the map or plat thereof recorded in Cabinet.K, Slides 189-192; Plat
_. Records. Williamson Qounty, Texas. _
.. Pitt Building Company, Inc . �// •
44
May 2, 1994
DATE
BY
To . Pitt •
PURCHASER In ADVISED TIIA'1' THE INFOHMA'f10H SHOWN OH '1'1113 1`0111.1 10 SUBJECT TO
CHANGE BY THE DISY'IIIC'L' AT ANY TIME. '1'1111 1)1&III.IC'J' R01.ri1111:I,Y ESTAIi1,J';3Ii1W TAX RA'Ii'U
DURING THE MONTHS Or SEPTEMBER '1'11R000H DECEMBER OF EACH YEAH, EFFECTIVE FOR '!'Ills'
YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE U1S'1'R LCT. PURCHASER IS ADVISED TO
CONTACT THE DISTRICT TO DETERMIllE THE STATUS OfAHY CURREIJP OR PROPOSED CHARGES TO
'1'NIE INFORMATION 131fOWU ON THIS FORM.
The undersigned purchaser hereby acknowlerires r••ceipI• of the foregoing notice
at or prior to execution of a building contract for the purchase of the real property
described in such notice or at closing of purchase or the real property.
May 2, 1994
DA'Z'E
STATE OF '!TEXAS
COUNTY OF Williamson.
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation