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O-2018-5598 - 7/12/2018 ORDINANCE NO. 0-2018-5598 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A STREET AND/OR ALLEYWAY IN BLOCK 12 OF THE ROUND ROCK ORIGINAL PLAT, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TEXAS TRANSPORTATION CODE, V.A.T.S., PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Section 311.007, Transportation Code, V.A.T.S., allows a home-rule municipality to vacate, abandon, or close a street or an alley; and WHEREAS, the City of Round Rock desires to vacate, abandon, and close an alleyway situated in Block 12 of the Round Rock Original Plat, as depicted in Exhibit "A," Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the alleyway situated in Block 12 of the Round Rock Original Plat, as depicted in Exhibit "A," said exhibit attached hereto and made a part of this ordinance, be hereby vacated, abandoned and closed, insofar as the right, title, or easement of the public is concerned. II. That the abandonment provided herein shall extend only to the public right, title, or easement in and to the tracts of land described in Paragraph I of this ordinance for the purpose of using same as a street or alley, and shall be construed only to pertain to that interest the governing body of the City of Round Rock may legally and lawfully abandon. Nothing in this ordinance shall be construed to abandon or otherwise affect 0112.1804;00404158 the interest of the City of Round Rock or the public in easements within the subject area related to public utilities and storm water drainage facilities. The City of Round Rock retains an easement for any existing public utilities and storm water drainage facilities located within the alleyway. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED and ADOPTED on first reading this 12-1 day of 2018. 2 Alternative 2. READ and APPROVED on first reading this the day of 17 2018. READ, APPROVED and ADOPTED on second reading this the day of , 2018. CRAI4Rund GA , ayor City of R , Texas ATTEST: S1144' . SARA L. WHITE, City Clerk 3 EXHIBIT •A• 1 STONE STREET SCALE: 1" = 100' 0 50 100 Bearings are Texas State S 19'17.14'E 269.64' Plane Central Zone(4203) ---- ------- Grid Bearings based on Static GPS Observation resolvea d by OPUS using Geoid 128. 1 I 1 LEGEND Record data per deed/plat `tet• 1 , O Fr/s Found 1/2"rebar N I I I I 0 s4967 Set 1/2"rebar w/cap marked "RPLS 4967" O sx49n Set nail w/washer marked o f I I I "RPLS 4967" Jt , 2 I ,- , O FX Found Chiseled �\ Boundary Line Adjoining Block Boundary Platted Lot Lines JArea to be vacated N0. NTNG AT DI TANC p(D0M7 (OF G9C�C��nAlC�14 ^xn li - STREET pO ®OH�a4a�(OFMF® 2 N 19 11 is wY.E 917124.82' 2o:ao IY I h I I gi r� gc Ig ,W'7. i CojW ' ry` O O ['� W �- 15/1 bl� orn O e 1. ov 'IR A I6 A — o I in 1— 100.20' —— L.2 _ (125') (too') N 19'17.14"W 269.64' W � � I I I$ BURNETT STREET °nl � ly4 � I V I I , I I w � z z � I I E� zo I , n OF W. BUSBY... — lr17 ------------------ (� v SHEPPARD STREET Firm No.: TX 10194077 OK 5405 Copyright Delta Lond Surveying -All Rights Reserved NO. REVISION DATE JOB#: 180044 DELTA LAND SURVEYING DWG#: 180044_EX_1 2106 Live Oak Circle DATE: 6/19/18 Round Rock, Texas 78683 SCALE: 1"=100' (512) 781-9800 www.DeltaLandSurve Y� g•in net SHEET' 1 OF 2 EXHIBIT 'A' DESCRIPTION A tract of land situated within the Wiley Harris Survey,Abstract Number 298,Williamson County,Texas and being a platted alley,20 feet in width,crossing Block 12 of the City of Round Rock according to the map or plat thereof filed for record in Cabinet A at Slides 190-191 of the Plat Records of Williamson County,Texas. Said tract of land being more particularly described by metes and bounds as follows: Commencing,for a tie,at a nail with a washer marked"RPLS 4967"found,at the intersection of the South right-of-way line of E Main Street(Platted:Georgetown Avenue)and the West right-of-way line of Lewis Street, in a wooden fence corner post for the Northeast corner of the aforementioned Block 12,from which a 1/2" rebar found for the Northwest corner of Block 13 of the City of Round Rock(Cab.A,SI.190-191)bears N 70°38'37"E,80.00 feet,a 1/2"rebar found for the Northeast corner of said Block 13 bears N 70°38'37"E, 350.46 feet and a 1/2"rebar found for the Northwest corner of Block 11 of the City of Round Rock(Cab.A,SI. 190-191)bears S 70°38'37"W,350.37 feet; Thence S 19°17'14"E,along the East boundary line of the aforementioned Block 12 and the aforementioned West right-of-way line,124.82 feet to the Southeast corner of Lot 12 and the Point of Beginning of the tract of land herein described; Thence S 19°17'14"E,continuing along the aforementioned East boundary line and West right-of-way line,20.00 feet to the Northeast corner of Lot 1 in said Block 12,from which a 1/2"rebar with a cap marked"RPLS 4967" found for the Southeast corner of said Block 12 bears S 19°17'14"E,124.82 feet; Thence S 70°38'37"W,along the North boundary line of Lots 1,2,3,4,5 and 6 in said Block 12,270.00 feet to a point on the East right-of-way line of Burnett Street and the Northwest corner of said Lot 6,from which a 1/2" rebar with a cap marked"RPLS 4967"found for the Southwest corner of said Block 12 bears S 19°17'14"E, 124.82 feet; Thence N 19°17'14"W,along the aforementioned East right-of-way line,20.00 feet to the Southwest corner of Lot 7 in said Block 12,from which a 1/2"rebar found at the intersection of the above-mentioned South right-of-way line and said East right-of-way line for the Northwest corner of said Block 12 bears N 19°17'14"W, 124.82 feet; Thence N 70°38'37"E,along the South boundary line of Lots 7,8,9,10,11 and 12 in said Block 12,270.00 feet to the Point of Beginning. Said tract of land containing 5,400 square feet or 0.124 acre,more or less. •0F T � . .." .. LARRY W. BUSBY ' -49-67 41 SUt�-�� Firm No.: TX 10194017 OK 5405 Copyright Oe/(o Land Surveying —Al/Rights Reserved NO. REVISION DATE JOB#: 180076 DELTA LAND SURVEYING DWG#: 180076-EX-2 2106 Live Oak Circle DATE: 6/19/18 Round Rock, Texas 78683 SCALE: 1L20 O (512) 781-9800 www.DeltaLandSurve m net SHEET: 2 Y� g� ELECTRONICALLY RECORDED 2018069781 Williamson County, Texas Total Pages: 7 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, MEAGAN SPINKS, Deputy City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. 0-2018-5598 which vacates, abandons and closes streets and/or alleyway in block 12 of the Round Rock Original Plat. This ordinance was approved and adopted at a regular meeting held by the City Council on the 12t' day of July 2018, recorded in the City Council minute book no. 61. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 61" day of August 2018. p r auND Mea an i Deputy City Clerk V . 2018069781 Page 2 of 7 ORDINANCE NO. 0-2018-5598 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A STREET AND/OR ALLEYWAY IN BLOCK 12 OF THE ROUND ROCK ORIGINAL PLAT, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TEXAS TRANSPORTATION CODE, V.A.T.S., PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Section 311.007, Transportation Code, V.A.T.S., allows a home-rule municipality to vacate, abandon, or close a street or an alley; and WHEREAS, the City of Round Rock desires to vacate, abandon, and close an alleyway situated in Block 12 of the Round Rock Original Plat, as depicted in Exhibit "A," Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the alleyway situated in Block 12 of the Round Rock Original Plat, as depicted in Exhibit "A," said exhibit attached hereto and made a part of this ordinance, be hereby vacated, abandoned and closed, insofar as the right, title, or easement of the public is concerned. II. That the abandonment provided herein shall extend only to the public right, title, or easement in and to the tracts of land described in Paragraph I of this ordinance for the purpose of using same as a street or alley, and shall be construed only to pertain to that interest the governing body of the City of Round Rock may legally and lawfully abandon. Nothing in this ordinance shall be construed to abandon or otherwise affect 0112,1804,00404158 2018069781 Page 3 of 7 the interest of the City of Round Rock or the public in easements within the subject area related to public utilities and storm water drainage facilities. The City of Round Rock retains an easement for any existing public utilities and storm water drainage facilities located within the alleyway. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of 12018. 2018069781 Page 4 of 7 Alternative 2. READ and APPROVED on first reading this the day of , 2018. READ, APPROVED and ADOPTED on second reading this the day of 2018. CRAIG MPKGA�,/Mayor City of R6und R k, Texas ATTEST: Sjt�, . kQkA*7 SARA L. WHITE, City Clerk 2018069781 Page 5 of 7 EXHIBIT 'A' �;\ STONE STREET SCALE- I" - 100' m� 0 50 100 nwnry re rc.os wore !9'x7'14'£ 769 64'_- - r Plena Len, Zene(1203)oe st .GPS Meeh �--- —- - -- -'.4 by OPUS aero,Geoid 128. LEGEND Reeeed deo Per aced/PUI O1/1 found]/P.ebar V� o.rl.n Sel Ur wlwP men.ea 'RPL;4967.a957' ser-d v./washer marked .'RPLS496/' FQV dChkeled'i be-dar„ —-•— P1a 111Io1 Lmr -. _.J ----- -J -- — Amato bev aled WI 19'4 1 A POCKY (OF Vii$ LEWIS STREET P00� �� 917,1 xl !9'!7'l4"E _169,64' —_. 67'---. ki l24 B7' � �/ _—mrn'I II I- ='I I o W r _ ? a� zn z � U U 1z s J r c� E N'9'!7'!4'W ?6964' �I ale BURNETT STREET I r! � w� w ' V til i zo U I y,' L€JSEiY SUR{ SNEPPARD STREET N0. REVISION DATE L JOB P: 180044 DELTA LAND SURVEYING DWG k: 18DO44_EX_1 2106 Live Oak Circle DATE. 6/19/18 Round Rock, Texas 78683 SCALE: 1"=100' (512) 781-9800 www.De]LaLandSurveying.net SHEET: 1 OF 2 RECORDERS MEMORANDUM Al or parts ofthe text on this page was not clearly legible for satisfactory recordation 2018069781 Page 6 of 7 EXHIBIT °A• DESCRIPTION A tract of land situated within the Wiley Harris Survey,Abstract Number 298,Williamson County,Texas and being a platted alley,20 feet in width,crossing Block 12 of the City of Round Rock according to the map or plat thereof filed for record in Cabinet A at Slides 190-191 of the Plat Records of Williamson County,Texas. Said tract of land being more particularly described by metes and bounds as follows: Commencing,for a tie,at a nail with a washer marked"RPLS 4967"found,at the intersection of the South right-of-way line of E Main Street(Platted:Georgetown Avenue)and the West right-of-way line of Lewis Street, in a wooden fence corner post for the Northeast corner of the aforementioned Block 12,from which a 1/2" rebar found for the Northwest corner of Block 13 of the City of Round Rock(Cab.A,SI.190-191)bears N 70"38'37"E,80.00 feet,a 1/2"rebar found for the Northeast corner of said Block 13 bears N 70°38'37"E, 350.46 feet and a 1/2"rebar found for the Northwest corner of Block 11 of the City of Round Rock(Cab.A,51. 190-191)bears S 70°38'37"W,350.37 feet; Thence S 19°17'14"E,along the East boundary line of the aforementioned Block 12 and the aforementioned West right-of-way line,124.82 feet to the Southeast corner of Lot 12 and the Point of Beginning of the tract of land herein described; Thence S 19°17'14"E,continuing along the aforementioned East boundary line and West right-of-way line,20.00 feet to the Northeast corner of Lot 1 in said Block 12,from which a 1/2"rebar with a cap marked"RPLS 4967" found for the Southeast corner of said Block 12 bears S 19°17'14"E,124.82 feet; Thence 5 70°38'37"W,along the North boundary line of Lots 1,2,3,4,5 and 6 in said Block 12,270.00 feet to a point on the East right-of-way line of Burnett Street and the Northwest corner of said Lot 6,from which a 1/2" rebar with a cap marked"RPLS 4967"found for the Southwest corner of said Block 12 bears 5 19°17'14"E, 124.82 feet; Thence N 19°17'14"W,along the aforementioned East right-of-way line,20.00 feet to the Southwest corner of Lot 7 in said Block 12,from which a 1/2"rebar found at the intersection of the above-mentioned South right-of-way line and said East right-of-way line for the Northwest corner of said Block 12 bears N 19°17'14"W, 124.82 feet; Thence N 70°38'37"E,along the South boundary line of Lots 7,8,9,10,11 and 12 in said Block 12,270.00 feet to the Point of Beginning. Said tract of land containing 5,400 square feet or 0.124 acre,more or less. f . L ,.f W. BU RY rb7 .. .� j U '>m No.. a7 od07 OX 5405 C;oyrgnf DeKa Zana Survey 19 —,4) AIjht>Reserveel NO. REVISION DATE JOB q: 180076 DELTA LAND SURVEYING DWG u: 180076-Ex-2 2106 Live Oak Circle DATE: 6/19/18 Round Rock, Texas 78683 SCALE: r'=100' (512) 781-9800 www.DeltaLandSurve Y� g in net SHEET: 2 OF 2 2018069781 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018069781 Pages- 7 Fee- $45.00 08/06/2018 11 .13 AM Nancy E. Rister,County Clerk Williamson County,Texas