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O-2019-0027 - 1/24/2019 ORDINANCE NO. 0-2019-0027 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A STREET AND/OR ALLEYWAY IN BLOCK 5 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 5 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 5 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 0112.1902,00416061 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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 2�A day of 2019. 2 Alternative 2. READ and APPROVED on first reading this the day of , 2019. READ, APPROVED and ADOPTED on second reading this the day of , 2019. 4 CRAIG MORGAN, ayor City of Ro nd Ro , Texas ATTEST: SARA L. WHITE, City Clerk 3 EXHIBIT Plat of survey of property at WEST MAIN STREET !! 11 described as Lot • Block • , of • A • a subdivision of record in Map or Plat Volume/Book/Cabinet/Document Number' at Page(s)/Slide(s)• of the Williamson County, Texas Plat records. G.F. Number: •• Dated:•• Reference:•• Certify To:** „ SCALE: 1" =30' *SURVEY OF A 20' ALLEY IN BLOCK 5 OF NOTES: CITY OF ROUND ROCK, A SUBDIVISION RECORDED IN CABINET A SLIDE 190, PLAT 1) BEARING BASIS IS TEXAS RECORDS OF WILLIAMSON COUNTY, TEXAS. STATE PLANE COORDINATES (NAD83), TEXAS CENTRAL ZONE (4203) WEST MAIN STREET F NISH TITLE REPORT FURNISHED. CONC. ASPHALT PARKING PAVERS INLET RATE GRATE N70* 3'46"E INLET -------"X"CU --�---- "X"CUT 20. 0 — ------ ED PROP. COR. CALC.PNT b� A 17.0 O D Z m COV. ® X r n N O CONC. N r FOUR ELEVEN I 22'3 p co PARTNERS LLC I W 0.2892 AC. J D DOC. I A/C 2015012243 I � 1 STORY DJOIN(ROCK NG ? �,� 5.0 HOUSE ON PIERS tD 407 WEST MAIN STREET W CO I N N m j 5.1 n 7.2 1.T / LOT 2—A REPLAT LOTS 4,5,6, BLOCK 5 n CITY OF ROUND ROCK az CAB. J SL. 368 DO DO n 3.6'1 KYLE HUMPHRIES & /� DEBRA SPELLING 0.169 AC DOC. 2010006761 Ln I W I Jn -77 NAGEL HOLDINGS, S LP CONC. / 0.1888 AC. DOC.2004094224 LOT 1 BLOCK A CONC. PROP. COR. NAGLE PARK PARKING :ROP. PNT DOC. 2013018944 S63'19'57"E 28.94 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 conflict, encroachments, overlapping of improvements, visible utility easements, except as shown and the property has access to and from a dedicated roadway. The property shown hereon is located in Zone urea outside the 500 year flood plain as shown on Community Panel Number 48491 0495E of the Flood Insurance Rate Map prepared forty of Round Rock_ Texas by the Federal Emergency Management Agency. Map Dated: Sept_ 26. 2008 This information is based solely on sold map and the surveyor does not assume responsibility as to any Information provided and does not represent accuracy or inaccuracy of said map. This survey Is copyright 2016 by Crichton and Associates, Inc. and is being provided solely for the use of the current LEGEND Iar{les and no Icenee has been created, express or mplied, to copPy the survey except as Is necessary In Q 1/2"IRON PIN FOUND ®UG UTIL WARNING SIGN JOB NUMBER:17_140 conjunction wlth this transaction only. Q 1/2"IRON PIN SET El UTILITY PEDESTAL Qo NAIL FOUND (0 GAS METER CRICHTON � LIGHT POLE � WATER MANHOLE ��..O F TF r0-.)POWER POLE WATER WELL Q G 5• e R••T AND ASSOCIATES INC. ow R POSE E WATER METER 09tn T GUY WIRE •®y WATER VALVE LAND SURVEYORS —E—OVERHEAD ELECT.LINE �FIRE HYDRANT HERMAN CRICHTON�� ® PVC RISER ...........................e..... © ELECiRIC METER © SANITARY SEWER MH r"o3 4046 P:� TBLS Firm # 101727-00 (� ELECTRIC MANHOLE ® SEWER CLEANOUT 9 OA- S 5 0;.!•' 6448 East Highway 290 Q TELEPHONE MANHOLE O sEPnc UD ��••�� N Suite B 105 QE ELECTRIC C.PAD X ELEC. ® STORM SEWER MH S U R Austin, Texas 78723 ® ELECTRIC Box (512) 244-3395 —I-METAL FENCE �) RECORD INFORMATION 10N Orders@CrichtonandAssociates.com //-WOOD FENCE _x—CHAIN LINK FENCE -X-WiRE FENCE DATE:NOV. 14, 2018 ELECTRONICALLY RECORDED 2019013465 Williamson County, Texas Total Pages: 6 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, 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. 0-2019-0027 which vacates and abandons an alleyway in Block 5 of the Round Rock Original Plat. This ordinance was approved and adopted at a regular meeting of the City Council held on the 24th day of January 2019, and recorded in the official City Council Minute Book No. 62. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of February 2019. 6 L. fog SARA L WHITE, TRMC, City Clerk ROcok., ..:"r,Aeose _Ae 0 f- ; 01 1 ur j. •I, %) 2019013465 Page 2 of 6 ORDINANCE NO. 0-2019-0027 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A STREET AND/OR ALLEYWAY IN BLOCK 5 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 5 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 5 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.w02 00416061 2019013465 Page 3 of 6 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. Ill. 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. -4 READ, PASSED, and ADOPTED on first reading this 24 i day of , 2019. 2 2019013465 Page 4 of 6 Alternative 2. READ and APPROVED on first reading this the day of , 2019. READ, APPROVED and ADOPTED on second reading this the day of , 2019. CRAIG Mt RGAN, Mayor City of Ro nd Ro.j , Texas ATTEST: arlyvf ri SARA L. WHITE, City Clerk 3 I q�//[J ® , No EXHIBIT (D 0 Plat of survey of property at WEST MAIN STREET [e t w described as Lot ° , Block ° , of ' ` A Ch a subdivision of record In Map or Plat Volume/Book/Cabinet/Document Number° at Page(s)/Slide(s)• of the Williamson County, Texas Plat records. G.F. Number: •• Dated:°° Reference:•• Certify To:•• pt gm (13 SCALE: 1" =30' N 01 *SURVEY OF A 20' ALLEY IN BLOCK 5 OF NOTES: CITY OF ROUND ROCK, A SUBDIVISION Q, RECORDED IN CABINET A SLIDE 190, PLAT 1) BEARING BASIS IS TEXAS RECORDS OF WILLIAMSON COUNTY, TEXAS. STATE PLANE COCENINATES (NAD83), TEXAS CENTRAL ZONE (4203) WEST MAIN STREET FU2)Rf°NISHED.NO TITLE REPORT •�,\•,,.,,,. CONC. ASPHALT PARKING RATE' ...GRATE *N70 3'46"E PAVERS T INLET 1 °°s " INLET 'X'CU __L__ _ "X'CUT 2O..O I I PROP. COR. m sr s CALL.PNT m 17.0 m oL 0 COV. o :; n O CONC. ® x— FOUR ELEVEN ° 22.3 A Q (D PARTNERS LLC ® rn 0.2892 AC. w D A/C 2015012243 ❑ A 1 STORY ADJOINING ROCK ? f 5.0 HOUSE ON PIERS — ID m m 407 WEST MAIN STREET W 01 Cr_ N .r... i\e""7— Nco J 'S 5.1 7.2 *�. / — N s•e l 1.7 LOT 2—A 23.1 Y REPEAT LOTS 4,5,6, BLOCK 5 oa n CITY OF ROUND ROCK 3 N D x CAB. J SL. 368 � � ,.........„7.., am o a \N Ao 0 3.6' 3.6� I 11 \KYLE HUMPHRIES & / j DEBRA SPELLING 0.169 AC 77 DOC. 2010006761 (11 A in ..4 W 1 o to V ms v F)S NAGEL HOLDINGS, LP CONC. / 6 0, 0.1888 AC. DOC.2004094224 LOT 1 BLOCK A CONC. PROP. COR. NAGLE PARK PARKING `CALC. PNT � DOC. 2013018944 S63'19'57"E 28.94 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 conflict, encroachments, overlapping of Improvements, visible utility easements, except as shown and the property has access to and from a dedicated roadway. The property shown hereon Is located In Zone "X' area outvide the 500 year flood plain as shown on Community Panel Number 48491 0495 E of the Flood Insurance Rate Map prepared for City of R011nd Rook TOTALS by the Federal Emergency Management Agency. Mop Dated: Sept 28 2008 This information is based solely on said map and the surveyor does not assume responsibility as to any information provided and does not represent accuracy or Inaccuracy of said map. This survey is copyright 2016 by Crichton and Aesoclaies, Inc. and is beingg provided solely for the use of the current LEGEND par(iee and no license has bean erected, express or implied, to copy the survey except as Is necessary in Q 1/2'IRON PIN FOUND ®UG UTL WARNING SIGN JOB NUMBER:17_140 conjunction with this transaction only. 0 1/2'IRON PIN SET 0 UTIUTY PEDESTAL ,\ T 777��� Qot, NAIL FOUND l GAS MEIER A� CR1 CHT ON [•'r4�`�L1OWE POLEP ® WATER MANHOLE r�(�°°OF �``y V.J POWER POLE ® WATER WELT. ` to :' AND ASSOCIATES INC. o VWER OLTAGE ® WATER METER4lb (,'P�o s .ER °�/- ® WATER VALVE P. ° LAND SURVEYORS 'r GUY MARE FIRE HYDRANT —E—OVERHEAD ELECT.UNE < HERMAN CRICHTON-� > ___} ® PVC RISER ` f 0 ELECTRIC METER °'a 4046 TBLS Firm # 101727-00 EE ELECTRIC MANHOLE ® SANITARY SEWER MH �[' °,.O 2P�C © TELEPHONE MANHOLE ® SEWER CLEANOUT 9/1•.°sESS\Oa r 8448 East Highway 290 t� sEPnc up D vc 4 Suite B105 E❑ CONC.PAD WITH ELEC. ®STORM SEWER MH ".. SU R r r Austin, Texas 78723 ® ELECTRIC 605 (512) 244-33955 —I—METAL FENCE () RECORD INFORMCE ON Orders@CriehtonandAssociates.com —//—WOOD FENCE —00--CHAIN UNH FENCE —X—WIRE FENCE DATE:NOV. 14, 2018 2019013465 Page 6 of 6 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019013465 Pages: 6 Fee: $37.00 02/20/2019 04:26 PM , Nancy E. Rister,County Clerk Williamson County,Texas