CM-13-04-040ROUND ROCK. TEXAS
(wos NwOt1PMXPi.RITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider approving the payment of $5,000 to Constance Park for a public
utility easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/26/2013
Dept Director: Gary Hudder
Cost: $5,000.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: PARK - Memo. Compensation Recommendation (00272357), Park - PUE
(executed but not recorded) (00271852)
Text of Legislative File CM -13-04-040
Usage of the public utility easement over property located at 410 Liberty Avenue for the SWDT-San Saba &
Liberty CIP project.
Staff recommends approval
City of Round Rock Page 1 Printed on 4/25/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Transportation
Project Mgr/Resource: Leah Coffman
nCouncil Action:
ORDINANCE
Southwest Downtown Infrastructure
Project Name: Improvements - San Saba and West Liberty
ContractorNendor: NA
RESOLUTION
Agenda Wording
City Manager Approval
CMA Wording
Consider approving the payment of $5,000 to Constance Park for a public utility easement,
Attorney Approval
Attorney
Notes/Comments
Date 1I
O:\wdox\SCCInts\0199\71941MUNICIPAL\00272399.XLS Updated 6/3/08
MEMORANDUM
TO: City Manager
FROM : Leah Coffman
DATE: April 11, 2013
RE: Southwest Downtown Infrastructure Improvements — Constance Park PUE
This is a 0.022 acre (938 sf) public utility easement over property located at 410 Liberty
Avenue, owned by Constance Park. The easement document is attached. The property is
valued at $16.20/sf per Williamson Central Appraisal District records. At one hundred
percent of fee simple value, the WCAD value of the easement area would be $15,195.00.
Because a public utility easement is valued at less than the fee simple value, City staff
has negotiated a price of $5,000 for the public utility easement, which the owner has
accepted. Additionally, the owner has executed the public utility easement, which has
been recorded.
By this memorandum, City staff requests approval of payment of the amount of $5,000 to
Constance Park as consideration for the public utility easement Ms. Park has granted to
the City.
APPROVED:
Steve Norwoo s , City Manager
00272397.DOC
C,��1- ,C'-�C
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That Constance Park, an uuunarried woman, and her successors and assigns, (hereinafter
referred to as "Grantor", whether one or more), for and in consideration of the sum of TEN and
No/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF
ROUND ROCK, TEXAS, a municipal corporation, and whose mailing address is 221 East
Main, Round Rock, Texas 78664, (hereinafter referred to as "Grantee"), the receipt and
sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto
Grantee certain rights and interests in the nature of a perpetual public utility easement and right-
of-way in, upon, over, under, above and across the following described property, to -wit:
Being a 0.022 acre (938 square foot), tract of land situated in the Wiley Harris
Survey, Abstract No. 298, in Williamson County, Texas, being a portion of Lot 8,
Block 31 Round Rock, a subdivision according to the plat thereof recorded in
Cabinet A, Slide 190 of the Plat of Records of Williamson County , Texas, and
also being recorded in Volume 20, Page 224 of the Deed Records of Williamson
County, Texas, being a portion the same tract of land conveyed to Constance Park
by instrument recorded in Document No. 1996062904 of the Official Public
Records of Williamson County, Texas, said 0,022 acre (938 square foot) tract of
land being more particularly described by metes and bounds in Exhibit "A".
The perpetual easement, right-of-way, rights and privileges herein granted shall be used
for the purposes of location, placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of public utilities, to -wit: electric
transmission and distribution lines, telecommunication and cable television lines, water lines,
natural gas lines, wastewater lines, sanitary sewer lines, connecting lines, access facilities and
related equipment, stormwater lines, drainage systems and structures, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities,
drainage pipes and all other subsurface drainage structures, and any necessary accessories, or
operations.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual; provided, however, that said easement, rights and privileges shall cease and revert to
Grantor in the event the said public utilities are abandoned, or shall cease to be used, for a period
of five (5) consecutive years.
The perpetual easement, right-of-way, rights and privileges granted herein are exclusive,
and Grantor covenants not to convey any other easement or conflicting rights within the premises
1
00270727doajnu
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, if any, on the utilities contemplated herein. Prior to
granting its consent for other easements, Grantee may require reasonable safeguards to protect
the integrity of the utilities thereon.
As required by this paragraph, express written consent of Grantee shall be obtained by
Grantor in the following manner: advance written notice must be given by certified mail to the
(1) City of Round Rock City Manager at 221 East Main Street, Round Rock, TX 78664, and (2)
City Engineer at 2008 Enterprise Drive, Round Rock, TX 78664. Following receipt of such
notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting
consent, conditioning consent upon reasonable safeguards, or denying consent.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the'easement and repair
any damage it shall do to Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify Grantor against any loss and damage which shall be
caused by the exercise of the rights of ingress and egress or by any wrongful or
negligent act or omission of Grantee's agents or employees in the course of their
employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
easement, including the right to build and use the surface of the easement for private streets,
roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a
patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the easement. Grantee shall
not be responsible or liable for the removal, repair or damage to any property, structure, building,
or other use inconsistent with the rights conveyed to Grantee by the easement; provided,
however, before constructing any improvements, at Ieast ten (10) days' written notice shall be
provided to Grantee of the general plans of the improvement to be constructed on the easement,
and Grantor must first obtain the consent and approval from Grantee of the construction and
location of any improvements within the easement.
It is understood and agreed that any and all equipment and facilities placed upon said
property shall remain the property of Grantee.
2
Grantor hereby dedicates the easement as a public utility easement for the purposes stated
herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to
enter said premises, or any part thereof, for the purpose of constructing or maintaining said
utilities and for making connections therewith, and Grantor does hereby bind itself, its successors
and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
WITNESS WHEREO Grantor las caused this instrument to be executed on this the
t_ day of the month of 614 , 2013.
GRANTOR:
Constance Park
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the ,-''1 day of the month of
(1A / , 2013, by Constance Park, 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
her act and deed of and for the purposes and consideration therein ex ressed. �� ,, C
1e/`-''
3
N tary Public, State of Texas
City of Round Rock
Liberty Avenue Easement
Constance Park
EXHIBIT '"A,r
PROPERTY DESCRIPTION
Page 1 of 3
DESCRIPTION OF A 0,022 ACRE (938 SQUARE FOOT), TRACT OF LAND SITUATED IN
THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 8, BLOCK 31 ROUND ROCK, A SUBDIVISION ACCORDING TO
THE PLAT THEREOF RECORDED IN CABINET A, SLIDE 190 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING RECORDED 1N VOLUME 20, PAGE 224
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING A PORTION THE
SAME TRACT OF LAND CONVEYED TO CONSTANCE PARK BY INSTRUMENT
RECORDED IN DOCUMENT NO. 1996062904 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.022 ACRE (938 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8" iron rod found, being in the existing monumented northerly right-of-way
line of Liberty Avenue (80' right-of-way width), being the monumented southwesterly corner of
Lot 7 per said plat, same being the monumented southeasterly corner of said Lot 8, for the
southeasterly corner of the herein described tract and frorn which a 5/8" iron rod found, being
the southeasterly corner of the monumented west half of said Lot 6 bears N 70°07'47" E at a
distance of 81.00 feet;
1) THENCE, with said monumented northerly right-of-way line of Liberty Avenue, same
being the monumented southerly boundary line of said Lot 8, S 70°31'32" W for a
distance of 7.50 feet to a calculated point for the southwesterly corner of the herein
described tract;
2) THENCE, departing said monumented northerly right-of-way line, through the interior of
said Lot 8, N 19°57'07" W, passing at a distance of 9.78 feet a calculated point, being in
the ostensible northerly right-of-way line of said 80 foot wide Liberty Avenue, and
continuing for a total distance of 125.03 feet to a calculated corner, being in the existing
southerly right-of-way line of a remainder portion of a 20 foot alley per said plat, being in
the northerly boundary line of said Lot 8, for the northwesterly corner of the herein
described tract;
3) THENCE, with the southerly line of said remainder of a 20 foot alley, same being the
northerly boundary line of said Lot 8, N 70°16'34" E for a distance of 7.50 feet to a
calculated point, being the northwesterly corner of said Lot 7, same being the
northeasterly corner of said Lot 8, also being the southeasterly corner of the remainder
of said 20 foot alley, being the southwesterly corner of an ordinance abandoning a
portion of said 20' wide alley by instrument recorded in Volume 1634, Page 511 of the
Official Records of Williamson County, Texas, for the northeasterly corner of the herein
described tract and from which a drill hole in concrete found, being the southeasterly
corner of Lot 11 per said plat, same being the southwesterly corner of Lot 12 per said
plat, being the northwesterly corner of said abandoned alleyway tract, sante being the
northeasterly corner of the remainder of said 20 foot alley, bears N 19°57'07" W at a
Page 2 of 3
distance of 20.06 feet, and also from said northeasterly corner of the herein described
tract a 518" iron rod found, being the southeasterly corner of said abandoned alleyway
tract, same being the northeasterly corner of the west half of Lot 6 bears N 70°16'34" E
at a distance of 80.93 feet;
4) THENCE, departing said 20 foot alleyway, with the common boundary line of said Lot 8
and said Lot 7, S 19°57'07" E, passing at a distance of 115.29 feet a calculated point,
being in said ostensible northerly right-of-way line of Liberty Avenue, and continuing for
a total distance 125.06 feet to the POINT OF BEGINNING, containing 0.022 acres, (938
square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct and that the property described herein was determined by
a survey made on the ground under my direct supervision,
WITESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
2r2 +
wrence M. Russo
egistered Professional Land SIR eyor No. 5050
Inland Geodetics, LP
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
OF
vita CE M. RUS&0 r
\e,, tHI»NgNii ♦►a ��
A 5050 �+
EXHIBIT
20 0 20 40
SCALE I" • 40'
PLAT TO ACCOMPANY DESCRIPTION
LEGEND
L CALCULATED POINT
O+ IRON ROD WITH CAP FOUND
O 5/8" IRON ROD FOUND
O DRILL HOLE IN CONCRETE
t PROPERTY LINE
N DENOTES COMMON OWNERSHIP
P.R.W.C.T. PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
0.P.R.W.C.T, OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY. TEXAS
( ) RECORD INFORMATION
NO.
SEARING
DISTANCE
LI
S 70°31'32" W
7.50'
L2
N 70°16'34" E
7.50'
L3
N 19°57'07" W
20.06'
(L3)
(N 18°00'00" W)
(20.00')
0123 9NILSIX3
„U v
,c(
iloY.15No.
fa
LOT II
20' WIDE ALLEYWAY
L2
ORDINANCE NO. 2323
ABANDONING A PORTION OF
ALLEYWAY
VOL. 1634, P0. 511
O.R W.C.T.
LOT 12
(N72 00'E 81.00')
N 70°1634" E-80.93'
ISTORY
COMMERCIAL
• 8100.
EASEMENT - S '; THE WILLIAM H. PEI KHAM 111
0.022 ACRE
AND MARY E. PECKHAM TRUST
938 SQ. FT,
to (WEST !/2 LOT 6 AND ALL
LOT 7)
bo DOC. #2000048073
— O.R.W.C.T.
CONSTANCE PARK
(LOT 8 AND LOT 9)
DOC. #1996062904
O.R. W.C.T.
II sroRY
FRAME HOUSE'
LOT 9
LOT 8
OSTENSIBLEIRIGHT-OF-WAY
N 70°31'32" E
(N 72°35' E CAB. A, SLD 190)
to
0
u1
0
V7
0
01
N
N C 5
TTl
LOT 7 ¢0GI- 01 LOT
Gig (20. „1 Gt
JOL, 0 R.
6
9.78'
MONUMENTED RIGHT-OF-WAY •• LI;
NOTES:
I) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE.
DISTANCES ARE SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A
TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION.
AWRENCE M. RUSSO DAVE
REGISTERED PROFESSIONAL AND SURVEYOR NO. 5050
INLAND GEODETICS, LP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
LIBERTY A VENUE
(80' RIGHT—OF—WAY)
N 70'07'47" E-81.00'
(81.00')
2
to
ry
a)
133.
00
po
00
MONUMENTED / EXISTING, ,.RIGHT-OF-WAY
N 70°31'32" E
p.
gem
`
G9�
,dLAOWN,rMN. Rig)
8050 •0
COAL TER
26
G'
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE, 103
ROUND ROCK, TX. 78681
P11.1512)238-1200, FAX (512) 238-1251
CITY OF ROUND ROCK
EASEMENT
0.022 ACRE
938 SQUARE FEET
PAGE 3 OF 3