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CM-2015-700 - 3/6/2015City of Round Rock reins Agenda Item Summary Agenda Number: Title: Consider executing a partial Release of Easement for a portion of a 10 -foot wide public utility easement (PUE) for Lot 26, Block D of the Final Plat of The Oaklands Section One -B, affecting 907 Blue Spring Circle. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/6/2015 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: Indexes: Attachments: Release of Portion of PUE (907 Blue Spring Cir), Easement Release App (907 Blue Spring Cir) Department: Planning and Development Services Department Text of Legislative File CM -2016-700 Consider executing a partial Release of Easement for a portion of a 10 -foot wide public utility easement (PUE) for Lot 26, Block D of the Final Plat of The Oaklands Section One -B, affecting 907 Blue Spring Circle. This is an application to vacate the inner most 3 -foot wide portion of a 10 -foot wide PUE that runs along the rear property line. Section 36-46 of the Subdivision Ordinance allows a landowner to request the vacation of an easement established by an approved plat or by separate instrument. The purpose of the partial vacation is to allow the homeowner additional space for a pool and deck. The City of Round Rock Utilities and Environmental Services Department has consented to the proposed vacation. Staff recommends approval of the easement vacation. CayefaounCa.0 Paye f MnNJM L3V1016 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Partial Release of PUE for 907 Blue Spring Department Name: Planning and oevbpmerd senbea Project Name: circle Project Mgr/Resource: Diane Buck Council Action: ORDINANCE QCity Manager Approval ContractorNendor. m RESOLUTION CMA Wording Consider executing a Partial Release of Easement for a 3 foort wide portion of a 10 foot wide public utility easement for Lot 26, Block D, The Oaklands Section One -B, affecting 907 Blue Spring Circle. Attorney Approval MAttomey Date a/alol t5 O:\wdox\SCClnts\0114\1509\MISC\00330193.XLS Updated 613108 RELEASE OF PORTION OF 10' PUBLIC UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 3 PGS 2015020841 PAR 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 James E. Clark and Diane M. Clark, owners, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of that certain 10' Public Utility Easement of record in Cabinet G, Slides 173-175 of the Real Property Records of Williamson County, Texas, and also being of record in Document No. 2014100149 of the Official Public Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing the 3 foot wide portion of a 10 foot wide Public Utility Easement along the inner most portion of the rear property line for Lot 26, Block D, The Oaklands Section One -B, dedicated to the City of Round Rock in the plat recorded in Cabinet G, Slides 173-175, Plat Records, Williamson County, Texas and being out of that same tract conveyed to James E. Clark and wife, Diane M. Clark by that Warranty Deed with Vendor's Lien recorded as Document No. 2014100149, Williamson County Deed Records. 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 has caused qthris instrument entitled ! "Release of Portion of 10' Public Utility Easement' to be executed on this the --- day of the month of (NAV" ,2015. RELEASER: CITY OF ROUND ROCK, TEXAS By Laurie Hadl4C,anager 330188 CGmw 0114.1509 THE STATE OF TEXAS L111111CI111981 yY/ I II 11 /:15 RON This instrument was acknowledged before me on this the� day of the month of I woh .. 2015, by Laurie Hadley, City Manager for the CITY OF ROUND ROCK, Texas in the capacity and for the purposes and consideration therein expressed. Signature EIGH SRRALSS0N7E RE MV COtAMISSION E%PIPES ., . �w• J* 11, 2018 Printed Name Notary Public, State of PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 Partial Release of Easement Request The Oaklands Section One -B —Lot 26, Block D 907 Blue Spring Circle 3 feet of a 10 foot PUE I 5'Buflding Une to he vacatetl = 907 Blue Spring Cir BtLrw RSp"Aw LIRczp Exhibit A FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015020841 ti CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 Nancy E. Rider, County Clerk Williamson County, Texas March 19, 2015 12:01 PM FEE: $29.00 B9RRICK ROUND ROCK. TEXAS Easement Release "°°ter°'s'°"°�`"'"' Director's Signatures I have no objection the requested easement release, or portion thereof, as described in the referenced application, and in Exhibit A attached to this document VAC1502-001 Address: 907 Blue Spring Circle, Round Rock, TX Subdivision: The Oaklands, Section One -B Lot/Block: Lot 26, Block D Micha Thane, P.E. Date Utility Environmental Services Director City of Round Rock /G<iy�/� '? Brad Wiseman, AICP 7 Date Planning & Development Services Director City of Round Rock For Staff Use Only 611/01,4 L Easement Release WND ROCK MAS project Information Sheet earoe Henn wgrnrte Planning & Development Services Department (PDS) 512-218-5428 Subdivision Name: /2/_r ( A rLA)J63 Original Easement Record Information Cabinet/Slide or Document* C A,6. 610 's 193 — %J Property & Legal Description / Tax Appraisal Dist IDR (s): / 6 V0007- 0 0 0 b 00 a b Subdivision: %//f )At-z_AN,oS Phase: — Section: /'11 Block: In Lot (Y h -OR- Survey Name & Abstract * To be released: Square feet: c, /(_ )� 3'X iO' Acres: Owner Information Name: J3Al-lQ A CLAA,� D1A1,)f M Gam' �p4 ! -OWQM Firm name (if applicable); Fdmraddress: 90 % 6 CAA,, -¢- Ph: �ti /d '2e? 30R5 Email: iT//M(LA041 (A)A4EriAY.A)ST Applicant(Agent Contact Information Name: O WNGA.S Title: Firm name (if applicable); Firm address: Ph: Email: Staff use Only Application No: J �lr 150 Z, 00 1 Date: I-7' 20105 Page 4 Landowner's Letter Date: To: Brad Wiseman Planning & Development Services Director City of Round Rock, Texas Re: Easement release for property located at 90 ? %lj L icy Dear Mr. Wiseman: The purpose of this request is to release the referenced easement, or portion thereof, as described in Exhibit A, attached to this letter. The reason for this request is: / (IRE /1 n(I/") -;;-4 ( L () /N RbvAZ 7_ L— - A,50tL43 7i 100 4(4N6 BAC4 AAdAM7-Y L/ of AZ err- G t rA After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request Sincerely, q« r Ybo/5' t'andaamer I have reviewed the above proposal for utility service purposes, and I have no objections. ame / date Name date Oncor-Round Rock District AT&T (formerly SBC) Name date Name date ATMOS Energy -Round Rock District Pedernales Electric Cooperative Page 6 O/t /6sAl4C Landowner's Letter Date: I O To: Brad Wiseman Planning & Development Services Director City of Round Rock, Texas Re: Basement release for property located at ?,,)7 /J L %ke SARIA✓G CA4V Dear Mr. Wiseman: The purpose of this request is to release the referenced easement, or portion thereof, as desmbed in Exhibit A, attached to this letter. The reason for this request is: MdRE A0,9M -7-4 Ai wl.)) /N A6tkAZ ?_ l— -- AEOLt6,S 7 / /00 C 4ZAAn 6 WC4 PA )Pf/)7-' AG er�5 L sfA After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request Sincerely, da oner dfx I have reviewed the above proposal for utility service purposes, and I have no objections. Name date Name date Oncor-Round Rock District AT&T (formerly SBC) me date Name date /ATMOS Ener Row ock District Pedernales Electric Cooperative Page 6 r aw SOUTHWESTERN BELL TELEPHONE COMPANY RELEASE OF EASEMENT THIS RELEASE OF EASEMENT, entered into by SOUTHWESTERN BELL TELEPHONE COMPANY, a Delaware corporation, GRANTOR, James E. and Dianne M. Clark GRANTEES, wherein GRANTOR does by these presents ABANDON, RELEASE, RELINQUISH AND DISCLAIM to GRANTEES, as is, all or a specific portion of certain easements for telecommunication purposes hereinafter described that affects land owned by GRANTEES, situated in Williamson County, Texas, and described as follows: Lot 26, Block D, Section 1B, The Oaklands, Property Records of Williamson County, Texas Said land of GRANTEE being subject to: Easements recorded in Volume 1251, Page 494, Recorded in Cabinet G, Slides 173-175, Plat Records of Williamson County, Texas, The portion of said easements to be hereby released is described as follows: 3 feet of the 10 foot PUE along the rear property line of said Lot 26, described above, TO HAVE AND TO HOLD same, together with all rights and appurtenances to the same belonging, unto GRANTEES, their heirs, successors and assigns forever. IN WITNESS WHEREOF4RANTOR has caused this Release of Easement to be executed by its duly authorized officers this day of B�%r ., 20Z SOUT7ESTERN LL TELEPHONE COMPANY THE STATE O V COUNTY OF +S BEFORE ME, the undersigned authority, on this day personally appeared )AVID h . W t LLL 4 AAS , known to me to be the person whose name is subscribed to the 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 the act and deed of said corporation. Given under my hand and seal of office this the day of F210 a P �, 2��0J 5: SUSAN SEBUSH �eljiv. ��5/t�cO.(//NOMryPubiN $Notary Public in and for the State of TexrzS y CammicaiOotober 0My Commission Expires I U -3 — / S Landowner's Letter To: Brad wiseman Gazming & DeIOPm Services Dha.Yor tP r Rock, Texaa RO: F�ttrde for Property located at %nl /11LLLE Si�91///� CN1(LF Dear Mr. Wiseman: The Purpoae of tbia request is to relenae the referenced ansement w portion dtereof, as din 8x1nbit A, eftdwd to dua letter. The mason for this raqueatie: A-I�RE /i"nof,t n ! u n. ✓i n ! r � After."unough aaadoa4 gthe—P-- a sappliem of utility service base no objection m this �I and have indkated Meir a9c—t by w9ldng below. Thank you for ouuddedugt}tie sincerely, ..,,d - 41yy z l��d_ �lz y/ a/s aaaa., r Ibave reviewed the above proposal fw utility service purposes, and I have no objectimu. N0°R' date Name O--Rmmd Rock D"ouxt AT&T(fmmerly SBL] dam Name dataBap / i ia �— ATMOS Rnergy-Roaud and, D'utrlct tlete T/Mc nl %6LL Papa 2014100149 NoVeE O.FCON TIALITY: IF YOU ARE A NATURAL PERSON, YOU MAY 'M TRIKE ANY OR ALL OF THE FOLLOWING INFO I F ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL O FORE IT IS FILED FOR RECORD IN THE PUBLIC RECORD R O AL SECURITY NUMBER OR YOUR DRIVER'S LICENSE N R. THE STATE OF S KNOW ALL MEN BY THESE PRESENTS: C0UNTY OF MILLI THAT JESBE R T 'nailer called "Grantors" whether one or more), for and in consideration of the en 10 and other good and valuable considerations cash in hand paid by SANES E C CLARK, HUSBAND AND NIPS whose address is 907 BLUE SPRING CIRCLE, D , TX 78681-4040 (hereinafter called "Grantees" whether one or more), the receipt and ffi ' icy of which y acknowledged and confessed, and the Further consideration of the note in [h principal sum SIX THOUSAND AND 00/100 Dollars (b60, 000.00), payable to the order of PRIME G, LA NSCAPITAL COMPANY (hereinafter referred to w "Beneficiary") at the spec'fins [an id est o the rraateea herein, the receipt of which is hereby acknowledged and confessed, and ase id en of w adv cement, the said Grantees herein have executed their now of even data herewith fors am psyab to the order of said Beneficiary, bearing interest at the rate therein provided, principal and terest b payable in monthly installments as therein set out, and providing for attorney's fees an ecce! ion of m wily at the Tate and in the "cots therein set forth, which note is secured by the Vendor's Li he n ery d and is additionally scoured by a Deed of Trust of even date herewith, executed by the G rte h a LLAN B. POLVKSXY, Tnume, reference to which is here made for all porpoises; and in ...idem' ayment of die sum above mentioned by the Beneficiary above mentioned, Cnantors he fey set o assign and convey unto said Beneficiary and assigns, the Vender's Lien and Superior Titl her i re in and reserved against the property and promises herein wnveyed, in the same manner and th 'not if said note had been executed in Grantors' favor and by said Grantors assigned b e Ben Acis wi out recourse; have GRANTED, SOLD and CONVEYED, and by these presentsdo ORA and NVBY unto the said Grantees herein, the following described property, together wiM all impro an -wit: LOT TNBNTY—SIX (26), BLOCK 'D', TRZ OAKLAN S, CT ,ONE -8, A SUBDIVISION IN AND TO TEE CITY OF ROUND ROCK, NI T , TEXAS, 48 5876.16 y Yxge 1 of 9 l ELECTRONICALLY RECORDED Williamson County Texas WARRANTY DEED WITH VENDOR'S LIEN c ass Lora 4: 7000000551 1000596013149a1393 P1N : PRf: a-081567 2014100149 NoVeE O.FCON TIALITY: IF YOU ARE A NATURAL PERSON, YOU MAY 'M TRIKE ANY OR ALL OF THE FOLLOWING INFO I F ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL O FORE IT IS FILED FOR RECORD IN THE PUBLIC RECORD R O AL SECURITY NUMBER OR YOUR DRIVER'S LICENSE N R. THE STATE OF S KNOW ALL MEN BY THESE PRESENTS: C0UNTY OF MILLI THAT JESBE R T 'nailer called "Grantors" whether one or more), for and in consideration of the en 10 and other good and valuable considerations cash in hand paid by SANES E C CLARK, HUSBAND AND NIPS whose address is 907 BLUE SPRING CIRCLE, D , TX 78681-4040 (hereinafter called "Grantees" whether one or more), the receipt and ffi ' icy of which y acknowledged and confessed, and the Further consideration of the note in [h principal sum SIX THOUSAND AND 00/100 Dollars (b60, 000.00), payable to the order of PRIME G, LA NSCAPITAL COMPANY (hereinafter referred to w "Beneficiary") at the spec'fins [an id est o the rraateea herein, the receipt of which is hereby acknowledged and confessed, and ase id en of w adv cement, the said Grantees herein have executed their now of even data herewith fors am psyab to the order of said Beneficiary, bearing interest at the rate therein provided, principal and terest b payable in monthly installments as therein set out, and providing for attorney's fees an ecce! ion of m wily at the Tate and in the "cots therein set forth, which note is secured by the Vendor's Li he n ery d and is additionally scoured by a Deed of Trust of even date herewith, executed by the G rte h a LLAN B. POLVKSXY, Tnume, reference to which is here made for all porpoises; and in ...idem' ayment of die sum above mentioned by the Beneficiary above mentioned, Cnantors he fey set o assign and convey unto said Beneficiary and assigns, the Vender's Lien and Superior Titl her i re in and reserved against the property and promises herein wnveyed, in the same manner and th 'not if said note had been executed in Grantors' favor and by said Grantors assigned b e Ben Acis wi out recourse; have GRANTED, SOLD and CONVEYED, and by these presentsdo ORA and NVBY unto the said Grantees herein, the following described property, together wiM all impro an -wit: LOT TNBNTY—SIX (26), BLOCK 'D', TRZ OAKLAN S, CT ,ONE -8, A SUBDIVISION IN AND TO TEE CITY OF ROUND ROCK, NI T , TEXAS, 48 5876.16 y Yxge 1 of 9 l 201410 Page 2 of 3 70DOOaa551 P OR PLAT THEREOF, RECORDED IN CABINET G, SLIDES 173- NILLIAMSON COUNTY, TENAS. all and silhgurar, whomsoever prorated and atV existing restrictio if my, applicable Bra it is expres a and reserved in favor o ne improvements, until said reading thereof, whet this dee When this deed is ex read as though pertinent verbs corpomt on the words "heirs, ex "successors and assigas". I the above described premises, together with, all and singular, the rights e belonging, unto the said Grantees, their heirs and assigns forever. And their heirs, executors and administrators, m warrant and forever defend auto the said Grantees, their heirs and assigns, against every person claim the same or my pad thereof. Taxes for the current year have been e. This conveyance is made and accepted subject to my and all validly l�t'.�;,d'tlta anuals, conditions, covenants, easements, and rights of way, above described property as now reflected by the records of any applicable zoning laws or ordinances. h ued drat the Vendor's Lien and the Superior Title we retained e i ssi note against the above described property, premises and t d reon is filly paid according to the face and tenor, effect and Dated this the 12TH day of DECKER, SELLER - JESSE R BLANK EULA 410 54)6.16 the Grantee is one person, the instrument shall to correspond, and when executed by or to a "heirs and assigns" shall be committed to mean - DAR - fl rate 2 of 3 2014100 Page 3 of 3 r(� 7010000ssi before meo 'f/-li� I, by JESSE R HLANN 2VLA T ^ .yrPdi'gh IE HAONS Pof Teras =; y minis on pl 0 ER i/i i//_ _ _ �i�i/moi/�!•� Notary's Name Printed: My Commission Expires: Remrn To: 907 BLUE SPRING CIRCLH ROUND ROM, T% 78681-4040 C> 4® 5876.16 Pie ] o[� RETURN TO Nancy E. Risterr, 8at� yea, Am 1v1szo1n2:F Pages: 3 F Williamson County