CM-2014-349City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing Release of Portion of Public Utility Easement affecting
Lot 7, Kenney Fort Center subdivision.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/14/2014
Dept Director: Brad Wiseman, Director Planning and Development Services
Cost:
Indexes:
Attachments: LAF, Release document, director and utility signatures
Department: Planning and Development Services Department
Text of Legislative File t✓' M-1014'3'-49
This is an application to vacate a 5 -foot wide public utility easement (PUE) on Lot 7 of
Kenney Fort Center subdivision. Section 36-46 of the Subdivision Ordinance allows a
landowner to request the vacation of an easement established by a previously recorded
plat.
Lot 7 contains a 30 -foot joint access easement and a 5 -foot PUE, both of which were
dedicated on the plat of the Kenney Fort Center subdivision (recorded February 1, 1980).
This is a request to vacate the PUE. Currently, Lot 7 is undeveloped. The applicant intends
to develop a carwash facility, but the proposed site plan encroaches into the PUE.
There are no facilities in this easement and all utility providers have consented to the
proposed vacation.
Staff recommends approval.
City of Round Rock Page 1 Printed on 3/10/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning
Project Mgr/Resource: Steve Hopkins
Council Action:
ORDINANCE
Agenda Wording
Project Name: Easement Release- Kenney Fort Center
ContractorNendor: None
n RESOLUTION
[]City Manager Approval
CMA Wording
Consider executing a Release of Portion of Public Utility Easement affecting Lot 7, Kenney Fort Center subdivision.
Attorney pproval
Attorney
Notes/Comments
Date
O:\wdox\SCCInts\0114\1409\REALESTATE\00293683.XLS Updated 6/3/08
RELEASE OF PORTION OF
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
111 PAR
10 PGS
2014022084
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 Anchor Equities, Ltd., 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 D, Slides 268
of the Plat Records of Williamson County, Texas, to -wit:
Sec Exhibit "A" attached hereto and made a part hereof, describing a 656 square foot portion of land in
ASA Thomas Survey Abstract 609, Williamson County, Texas, and being a portion of Lot 7, of Kenney
Fort Center a subdivision of record in Cabinet D, Slides 268 of the Plat Records of Williamson County,
Texas, same being all of that portion of a 5' Public Utility Easement located on said Lot as dedicated by
said subdivision, being more particularly described by metes and bounds in Exhibit "A."
This instrument is given specifically to release 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 u caused this instrum- entitled
"Release of Portion of Utility Easement" to be executed on this the day of the month of
W. MA ,2014.
1
00293679.doc/jmr
RELEASER:
CITY OF R=6.11 ROCK, TEXAS
%iii4e
Steve Norwood, ."'ty Manager
By:
ACKNOWLEDGMENT
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON
This instrument was acknowledged before ane on this the (,t{ day of
2014, 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
656 Square Foot
Kenney Fort Center
Public Utility Easement Vacation
Page 1 of 3
DESCRIPTION OF A 656 SQUARE FOOT TRACT PREPARED IN JANUARY 2014
AND LOCATED IN THE ASA THOMAS SURVEY ABSTRACT NO. 609,
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF LOT 7, OF KENNEY
FORT CENTER A SUBDIVISION 01? RECORD IN CABINET D, SLIDE 268 OF THE
PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAME BEING ALL OF THAT
PORTION OF A 5' PUBLIC UTILITY EASEMENT LOCATED ON SAID LOT 7 AS
DEDICATED BY SAW SUBDIVISION. SAID 656 SQUARE FOOT TRACT, AS SHOWN
ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a mag -nail found in the east right-of-way (R.O.W.) line of Interstate
Highway 35 (I.H. 35) R.O.W. varies, same being the northwest corner of Lot 6, of said Kenney
Fort Center, and also beingthe southwest corner of said Lot 7 for the POINT OF
COMMENCEMENT;
THENCE leaving the east R.O.W. of said LH. 35 with the north line of said Lot 6, same being
the south line of said Lot 7, N74°42'41 "E a distance of 30.02 feet to a calculated point for the
POINT OF BEGINNING;
THENCE leaving the north line of said Lot 6, same being the south line of said Lot 7 and
crossing said Lot 7, N17°43'15"W a distance of 130.98 feet to a calculated point in the north line
of said Lot 7, same being the south R.O.W. line of Gattis School Road (R.O.W. varies);
THENCE with the north line of said Lot 7, same being the south R.O.W. line of said Gattis
School Road, N69°30'25"E a distance of 5.00 feet to a calculated point;
THENCE leaving the north line of said Lot 7, same being the south R.O.W. line of said Gattis
School Road crossing said Lot 7, 817°43'15"E a distance of 131.43 feet to a calculated point in
the north line of said Lot 6, same being the south line of said Lot 7, from which a cotton spindle
found in the west R.O.W. line of Kenny Fort Trail (R.O.W. 50'), same being the northeast corner
of said Lot 6, and also being the southeast corner of said Lot 7;
656 Square Foot
Kenney Fort Center
Public Utility Easement Vacation
Page 2 of 3
THENCE with the north line of said Lot 6, same being the south line of said Lot 7,
S74°42141"W a distance of 5.00 feet to the POINT OF BEGINNING and containing 656 square
feet of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD83/HARN
L John C. Nielsen hereby certify that the forgoing description represents an on -the -ground
survey performed under my direct supervision during October 2013, and is true and correct to the
best of my knowledge and belief.
Date: 01-14-14
,a
John C. Nielsen
Registered Professional Land Surveyor
No. 5541 -State of Texas
Delta Survey Group, Inc.
8213 Brodie Lane, Suite 102
Austin, Texas 78745
TPBLS Firm No. 10004700
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EXHIBIT
64, _3
Request for Easement Release
Return Completed and Signed Form to the
CoRR Planning and Development Services Department
301 W Bagdad Ave., Suite 210, Round Rock, Texas 78664
Date:12-4-2013
City Manager — Director of Planning & Development Services
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Re: Proposed release of the 5 foot wide Public Utility Easement along the West side of Kenney Fort Center, Lot 7
otherwise known as 1701 S. 1H-35, Round Rock, TX 78664. (See attached exhibits — Survey Item 10 E. and Site Plans)
Dear City Manager:
The purpose of this request is to release the above described PUE in order to clean up the title survey and allow for the
unencumbered construction of a full service hand car wash and detail shop.
After thorough examination, all the respective Utilities have no objection to this proposal and have indicated their
agreement by signing the attached Request for Easement Release forms.
Thank you for considering this request.
Sincerely,
(signature)
Sam.:�ad
Anchor Equities, Ltd., Owner of Kenney Fort Center, Lot 7- Round Rock, Texas
3839 BeeCave Rd 1#203
Austin, TX 78746
512.789.1011
salim@cedarcorp.net
I have reviewed the above proposal and T have no objections to the release of this easement.
Michael The, P.E. 512-218-3236
Utility & E ironmental Services Director
City of Round Rock
Brad Wiseman, AICP 512-341-3321
PDS Director
City of Round Rock
Request for Easement Release
Return Completed and Signed Form to the
CoRR Planning and Development Services Department
301 W. Bagdad Ave., Suite 210, Round Rock, Texas 78664
Date: 11-19-2013
City Manager
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Re: Proposed release of the 5 foot wide Public Utility Easement along the West side of Kenney Fort Center, Lot 7
otherwise known as 1701 S. IH -35, Round Rock, TX 78664. (See attached exhibits — Survey Item 10 E. and Site Plans)
Dear City Manager:
The purpose of this request is to release the above described PUE in order to clean up the title survey and allow for the
unencumbered construction of a full service hand car wash and detail shop.
After a thorough examination, the respective Utility has no objection to this proposal and has indicated their agreement by
signing below. Thank you for considering this request.
Sincerely,
Joshua Stroup — Kenney Fort Center, Lot 7- Round Rock, Texas78664
Karma Hand Car Wash & Detail
260.503.9007 cell
I have reviewed the above proposal for access purposes, and I have no objections to the release of this easement.
Oncor Electric Delivery, Round Rock District 512-244-5656
Earlene Folmar
350 Texas Ave.
Round Rock, TX 78664
Michael Thane, P.E. 512-218-3236
Utility & Environmental Services Director
City of Round Rock
Brad Wiseman, AICP 512-341-3321
PDS Director
City of Round Rock
'Request for Easement Release
Return Completed and Signed Form to the
CoRR Planning and Development Services Department
301 W. Bagdad Ave., Suite 210, Round Rock, Texas 78664
Date:11-19-2013
City Manager
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Re: Proposed release of the 5 foot wide Public Utility Easement along the West side of Kenney Fort Center, Lot 7
otherwise known as 1701 S. IH -35, Round Rock, TX 78664. (See attached exhibits — Survey Item 10 E. and Site Plans)
Dear City Manager:
The purpose of this request is to release the above described PUE in order to clean up the title survey and allow for the
unencumbered construction of a full service hand car wash and detail shop.
After a thorough examination, the respective Utility has no objection to this proposal and has indicated their agreement by
signing below. Thank you for considering this request.
Sincerely,
Joshua Stroup — Kenney Fort Center, Lot 7- Round Rock, Texas
Karma Hand Car Wash & Detail
260.503.9007 cell
I have reviewed the above prop
or access purposes, and I have no objections to the release of this easement.
.11PdrS Energy, Re
in Perez
110 North IH -35, Roun
nd Rock
strict 512-415-8426
ock, TX 78681
Michael Thane, P.E. 512-218-3236
Utility & Environmental Services Director
City of Round Rock
Brad Wiseman, AICP 512-341-3321
PDS Director
City of Round Rock
4-0
atsit
SOUTHWESTERN BELL TELEPHONE COMPANY
RELEASE OF EASEMENT
THIS RELEASE OF EASEMENT, entered into by SOUTHWESTERN BELL TELEPHONE
COMPANY, a Delaware corporation, GRANTOR, AND Anchor Equities, Ltd., a Texas limited partnership,
GRANTEE, wherein GRANTOR does by these presents ABANDON, RELEASE, RELINQUISH AND
DISCLAIM to GRANTEE, as is, all or a specific portion of certain easements for telecommunication
purposes hereinafter described that affects land owned by GRANTEE, situated in Williamson County,
Texas, and described as follows:
Lot 7, Kenny Fort Center, Deed of record in Document 2013103683 and 2013103682, Property Records
of Williamson County, Texas
Said land of GRANTEE being subject to:
Easements recorded in Cabinet D, Slide 268, Plat Records of Williamson County, Texas,
The portion of said easements to be hereby released is described as follows:
All of the 5 foot PUE along the west property line of said Lot 7, described above,
TO HAVE AND TO HOLD same, together with all rights and appurtenances to the same
belonging, unto GRANTEE, their heirs, successors and assigns forever.
IN WITNESS WHEREOF, GRANTOR ras caused this Rease of Easement to be executed by
its duly authorized officers this day of .C�k..)EC`�'�c. , 2013
SOUTFkWESTERN,BELL TELEPHONE COMPANY
Na rme-Lv ��. ] s LQ; +\1
Titled
THE STATEF_
COUNTY OF�` g /6.V IS_
BEFORE M the undersigned authority, on this da personally
appeared (� 1J/ ( LL ( . , known to me to be the person whose name is
subscribed to t e foregoing instrument as Manager, Engineering -Design of Southwestern Bell Telephone
Company, a Delaware corporation, and acknowledged to me that he/she executed the same for purposes
and considerations therein expressed in the capacity stated, and as t • - .1� t and .;;-d .f said .. ,,PP ration.
Given under my hand and seal of office this the )4.7r da of 1: t 6011-_e s t5.
Jr,fr
.....,,w4
I 4* REBECCA K HOGUE L( I My Commission Expires
January 16, 2017
!!. 0
Notary -ubli. n and 'o th- Sta e of -
My Co mission Ex• a Zd 1
Bequest for Easement Release
Return Completed and Signed Form to the
CoRR Planning and Development Services Department
301 W. Bagdad Ave., Suite 210, Round Rock, Texas 78664
Date:11-19-2013
City Manager
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Re: Proposed release of the 5 foot wide Public Utility Easement along the West side of Kenney Fort Center, Lot 7
otherwise known as 1701 S. IH -35, Round Rock, TX 78664. (See attached exhibits — Survey Item 10 E. and Site Plans)
Dear City Manager:
The purpose of this request is to release the above described PUE in order to clean up the title survey and allow for the
unencumbered construction of a full service hand car wash and detail shop.
After a thorough examination, the respective Utility has no objection to this proposal and has indicated their agreement by
signing below. Thank you for considering this request.
Sincerely,
Joshua Stroup — Kenney Fort Center, Lot 7- Round Rock, Texas
Karma Hand Car Wash & Detail
260.503.9007 cell
I have reviewed the above proposal for access purposes, and I have no objections to the release of this easement.
,X0(Juu
Time Warner Cable 972-537-5323
Lisa Law
750 Canyon Drive, Coppell TX 75019
Michael Thane, P.E. 512-218-3236
Utility & Environmental Services Director
City of Round Rock
Brad Wiseman, AICP 512-341-3321
PDS Director
City of Round Rock
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014022084
04/01/2014 08:37 AM
DPEREZ $57.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS