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O-90-2523 - 11/20/1990ORDINANCE NO. IQ a3 AN ORDINANCE VACATING THE 7.5 FOOT UTILITY EASEMENT LOCATED ACROSS AND THROUGH LOTS 1 AND 2 OF THE CLASSIC ADDITION SUBDIVISION OF ROUND ROCK, TEXAS; DISPENSING WITH THE REQUIREMENTS FOR READING OF THIS ORDINANCE ON TWO SEPARATE DAYS; AND CONTAINING CERTAIN OTHER PROVISIONS. WHEREAS, Classic Oldsmobile - Pontiac - GMC Truck, Inc., as the owners of said Lots 1 and 2, Classic Addition Subdivision, has petitioned the CITY COUNCIL OF ROUND ROCK, TEXAS, requesting the City to vacate a 7.5 foot utility easement over said Lots; and WHEREAS, a water line is located in the easement which must be relocated; and WHEREAS, an alternate route has been dedicated to the City with the filing of the Classic Addition Subdivision; and WHEREAS, the developer of Classic Addition as platted has agreed to construct a water line in said alternate route at no expense to the CITY OF ROUND ROCK, TEXAS; Now Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council hereby vacates and abandons that certain utility easement across and through Classic Addition Subdivision, a subdivision in the CITY OF ROUND ROCK, TEXAS, as originally recorded in Volume 1155, Page 270 and in Volume 1171, Page 127, Official Records of Williamson County, Texas; said easement being more particularly described by metes and bounds on Exhibit "A" attached hereto. OREASEME II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. 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 Tn day of _ M , 1990. Alternative 2. READ and APPROVED on first reading this the day of , 1990. READ, APPROVED and ADOPTED on second reading this the day of , 1990. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: All AAA111) /I J NE LAND, City Secretary OREASEME Exhibit A FIELD NOTES FOR A 4,157 SQ. FT. (0.0954 AC.) TRACT OF LAND BEING SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING ALSO WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF ROUND ROCK, TEXAS, SAID 4,157 SQ. FT. TRACT OF LAND BEING ALL OF A 7.5 FT. WIDE PUBLIC UTILITY EASEMENT AS GRANTED BY INSTRUMENTS RECORDED IN VOLUME 1155 PAGE 270 AND VOLUME 1171 PAGE 127 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, WHICH IS CONTAINED WITHIN A 4.8542 ACRE (CALLED 4.856 ACRES IN DEED) TRACT OF LAND AS CONVEYED TO CLASSIC OLDSMOBILE- PONTIAC -GMC TRUCK, INC. A TEXAS CORPORATION, BY INSTRUMENT RECORDED IN VOLUME 1891 PAGE 572 OF SAID OFFICIAL RECORDS. 4,157 SQ. FT. TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on a point in the previous west right-of-way line of Old U.S. Hwy. 81, a portion of said right-of-way being included within a 0.979 acre tract of land as conveyed to The Triangle Land Venture II, a Texas joint venture, by instrument recorded in Volume 1581, Page 790 of said Official Records, said 0.979 acre tract being also included as a portion of the above referenced 4.8542 acre tract of land, said point being also the southeast corner of a 0.475 acre tract of land as conveyed to Emkay Development Company, Inc. by instrument recorded in Volume 1581, Page 761 of said Official Records, and now included as a portion of Lot 1, Block A of a subdivision recorded as Crystal Park Lot 1, Block A Amended in Plat Cabinet I, Slide 340 of the Plat Records of Williamson County, Texas, said point being an angle point in the north boundary line of the above referenced 4.8542 acre tract of land, the northeast -corner and POINT OF BEGINNING hereof and from which, an iron rod found on a point in the existing new west right-of-way line of U.S. Hwy. 81 bears S77011'50"E a distance of 205.67 ft.; THENCE, departing said north boundary line thru the interior of said 4.8542 acre tract, with the previous west right-of-way line of Old U.S. Hwy. 81, the east boundary line of said 7.5 ft. wide public utility easement and the east boundary line hereof, S22018'32"E for a distance of 551.78 ft. to a point in the south boundary line of said 4.8542 acre tract of land, same being the north boundary line of Lot 1, Block A of a subdivision recorded as Rock Creek Plaza in Plat Cabinet H, Slide 213 of the Plat Records of Williamson County, Texas, said point being the southeast corner of the herein described tract of land and from which, an iron rod set on a point in the existing west right-of-way line of U.S. Hwy. 81, same being the southeast corner of the above mentioned 4.8542 acre tract of land, bears N70003'11"E a distance of 11.00 ft.; THENCE departing the east boundary line of said 7.5 ft. wide public utility easement, with the north boundary line of said Lot 1, same being: the south boundary line of said 4.8542 acre tract of land, S70003'11"W for a distance of 7.51 ft. to a point for the southwest corner hereof; THENCE departing said common boundary line thru the interior of said 4.8542 acre tract of land, with the west boundary line of said 7.5 ft. wide public utility easement, N22018'32"W for a distance of 556.72 ft. to a point in the north boundary line of said 4.8542 acre tract of land, same being the south boundary line of said 0.475 acre tract of land in the name of Emkay Development Co., and the south boundary line of the above referenced Crystal Park, Lot 1, Block A, for the northwest corner hereof; THENCE departing the west boundary line of said 7.5 ft. wide public utility easement with the north boundary line Of said 4.6542 acre tract of land, same being the south boundary line ul said LrysLal Park LuL 1 Amended subdivision and the south boundary line of said 0.475 acre tract of land, S77 19'49"E for a distance of 9.15 fL. to the POINT Of GEGINNING hereof and containing 4,157 sq. ft. of land. Prepared from an actual survey performed on the ground by Baker-Aicklen & Associates, Inc. &zee t" Qgz�'� Cecil Jack }^iisholm , qw" '� Registered ofessional Land Surveyor No. 4295/�• - 9D CJC: ek Job No. 470-001-23 October 12, 1990 �fG OF TF fJ Q` T (CECIL JACKSON CHiSHOLNI 4 4295 9a �Y FESS " •�' tid SU R�iy/y SKETCH TO ACCOMPANY \ I CRYSTAL PARK \ BLOCK A \\AMENDED LOT I \ CAB. I SL. 340 \ V. ,8: , F. 7 5 5: \ \\ O.475 AC.\ \\ ` ---- 9.15' f P.O.B. FIELD NOTES SCALE: I"= 100' IPROPOSED s>>�ll_ m CLASSIC \L 20 I x CLu0 ` `s.s>• Z ADDITION M o o 0 � z I �v r—m fTl Z N � 0.97 , rn o --'.:'" ;'\�;, m :89: ?. 572 \ m m 4.8542 AC-_ ra rjoS S. F. N, o _7.. 5 5 ' P. U. E. � I V. 1155, P. 270 y - V. 1 1 71 , P. 127 N N PROPOSED I "CLASSIC ADDITION11 r3, (p - O ^\ 5I CEM JACKSON CttSNO q, -3 429 ��i.'IZ'(Y ti g1�'a'M.M'• .G�� � AS PREPARED Z LEGEND • IRON ROD FOUND IRON ROD SET CECILJAC HISHOLM DATE DRAWN!L.M.H. R. P. L S. - 95 OCT., 1990 9111 JO Y LLE RD. J/� ----- SUITE 1, Baker-Aicklen n AusN,rExas 78759 & Associates, Inc. :vr �.,c c,.,, l�._ BAKER-AICKLEN 6 ASSOCIATES, INC. Consulting Fnninaar, November 7, 1990 City Council CITY OF ROUND ROCK 211 East Main Street Round Rock, Texas 78664 Attn: Mike Robinson, Mayor Re: Partial Vacation of a 7.5 -ft. -wide P.U.E. Being approximately 555 feet long within Proposed Lot 1 and Lot 2 of Classic Addition recorded in Volume 1155, Page 270 and Volume 1171, Page 127 of the Official Records of Williamson County, Texas. Gentlemen: The purpose of this request is to vacate a portion of an existing 7.5 ft. wide public utility easement which crosses thru the interior of the above referenced property. Our client, Classic Oldsmobile -Pontiac -GMC Truck, Inc., a Texas corporation, is in the process of constructing improvements upon said Lot 1 and Lot 2 which would be constrained by the continued existence of the public utility easement. The proposed subdivision plat known as "Classic Addition" has provided for sufficient utility easements to serve all necessary utilities and the owners shall incur the cost of relocating the existing water line (and any other services) within the 7.5 wide easement. After a thorough examination, the respective suppliers of utility services have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request. Sincerely, 4OI&OLIW" ack Chisholm, R.P.L.S. CJC:ek Ackn-oWl edged by:, 1. Don Tamburro, Vice President 4ate Classic Oldsmobile -Pontiac -GMC Truck, Inc. 9111 Jollyville Rd., Suite 107 0 Austin, Texas 78759 0 512/346-6980 0 FAX 512/346-7072 City of Round Rock page 2 November 7, 1990 I have reviewed the above proposal for utility service purposes and I have no objections. Bob Fajk s TU Elec ric �� Bil Simpkinsd Lone Star Gas Company nmimis R. Nuse, P.E. of Round Rock Public Ja es kel Sou ern Bell f'52210' AM4--ners United Artists Cable Works Dept. BAKER-AICKLEN 6 ASSOCIATES, INC. Consulting Engineers CLASSIC OLDMOBILE Subdivision Utility Improvements Cost Estimate 11/15/90 Item No. Description Unit Unit Price Estimated Quantity Cost 1. 8" P.V.C. C-900 Waterline L.F. $ 20.00 937 $18,740 2. 6" D.I. CI 50 Water Line L.F, 20.00 6 120 3. 8" Gate Valve Ea. 500.00 3 1,500 4. 6" Gate Valve Ea. 400.00 1 400 5. 5-1/4" Fire Hydrant Ea. 950.00 1 950 6. Meter Boxes Ea. 120.00 2 240 7. Fitting L.S. 2000.00 1 2,000 Sub -Total $22,150 15%+- Contingency 2,850 r TOTAL $25,000 Prepared by: Baker-Aicklen & Associates, Inc. 9111 Jollyville Rd., Suite 107 • Austin, Texas 76759 • 512/346-6980 • FAX 512/346-7072 DATE: November 16, 1990 SUBJECT: City Council Meeting, November 20, 1990 ITEM: 8.D. Consider an ordinance granting a partial vacation of a 7.5' Public Utility Easement situated in Lots 1 and 2 of the Classic Addition. (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval with the condition that Second Reading be withheld until a letter of credit in the amount of $25,000 is received in a form approved by the City Attorney. This ordinance will vacate a Public Utility Easement which traverses lots 1 and 2 of the New Classic Oldsmobile site. This easement contains a city water line. The Classic Addition Plat has provided new easements along the boundaries of the parcel to replace the easement to be vacated. The developer will relocated the water line at his cost and provide a letter of credit in the amount of $25,000 to guarantee the relocation work. All utility companies have consented to the Vacation of this easement. EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS 'VOL KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 81:.0 PARTIAL VACATION OF PUBLIC UTILITY EASEMENT AFFECTING LOTS 1 AND 2, CLASSIC ADDITION, WILLIAMSON COUNTY, TEXAS WHEREAS, CLASSIC OLDSMOBILE-PONTIAC-GMC TRUCK, INC., a Texas corporation, as owner of 4.85 acres of land out of the David Curry Survey Abstract No. 130 in the City of Round Rock, Williamson County, Texas, subdivided said 4.85 acres to be known as Classic Addition and, after obtaining acceptance and approval of said subdivision plat by the Planning and Zoning Commission of the City of Round Rock, Texas, and the Commissioners Court of Williamson County, Texas, did file said plat for record in Cabinet ,, Slide,�]3 of the Plat Records of said Williamson County, Texas; and, WHEREAS, Classic Oldsmobile -Pontiac -GMC Truck, Inc., a Texas Corporation, gained ownership of Lot 1 and Lot 2 of Classic Addition, Williamson County, Texas, by virtue of the Deed dated April 23, 1990, recorded in Volume 1891, Page 572, of the Official Records of Williamson County, Texas, and WHEREAS, Classic Oldsmobile -Pontiac -GMC Truck, Inc., a Texas Corporation, being the owner of said Lot, now desires to vacate a 7.5 -foot - wide Public Utility Easement on Lot 1 and Lot 2, as granted to the City of Round Rock, Texas, by instruments recorded in Volume 1155, Page 270 and Volume 1171, Page 127 of the Official Records of Williamson County, Texas; and the approval of the City Council of the City of Round Rock, Texas, has been obtained for the partial vacation of said Public Utility Easement; and the authorities of the City of Round Rock, Texas, have not made actual appropriation of any proposed dedication shown on said plat by entry, use or improvement which would be disturbed by this vacation, and such vacation is authorized by law; NOW, THEREFORE, Classic Oldsmobile -Pontiac -GMC Truck, Inc., a Texas Corporation, does by these presents hereby declare the portion of the 7.5 - foot -wide Public Utility Easement as granted to the City of Round Rock, Texas, by instruments recorded in Volume 1155, Page 270 and Volume 1171, Page 127 of the Official Records of Williamson County, Texas, as shown on an attached Exhibit "A", to be vacated and cancelled; 1+ EXECUTED this the day of /v r)()A 1990. ET S. RYMAN ARY PUBLIC exas m . exp. 06-12-93 a lexas corporation P. 0. Box 1568 Round Rock, Texas 78680 OFFICIAL 66RDS . MUTAMS014 COUNTY, 7WS 'VOL 19d'APH�GJ�4 Partial Vacation Document Page 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Don J. Tamburro, Vice President, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the / 5 day of b a(l '= A. D. 19C� . ary PuV i c in and 'Fe*)Wi 1 lhkmson County, Texas i4:►� JANET S. RYMAN NOTARY PUBLIC State of Texas Comm. Exp. 06-12-93 VOL19'^' APPROVAL OF EASEMENT VACATION L Ll BE IT KNOWN, that on the day of , A.D. 19 90 , the City Council of the City of Round Rock, at its regular meeting, did approve the partial vacation of a 7.5 -foot -wide public utility easement as shown on Exhibit "A" attached hereto, located within that certain subdivision plat called CLASSIC ADDITION, of record in Cabinet G' , Slide ,�J3 — 7 of the Plat Records of Williamson County, Texas, upon application thereof by Classic Oldsmobile -Pontiac -GMC Truck, Inc., a Texas corporation, the owner and proprietor of all the landcoveredthereby. EXECUTED this the �LI day of _YL04-A�� , A.D. 19 96 . ATTEST: Byi Mike Robinson, Mayor J4Anne Land, City Secretary City of Round Rock 'ty of Round Rock THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared Mike Robinson known to me to be the person whose name is subscribed to the foregoing instrument as Mayor, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the c / ftV ' day of In -A.D. 19 f r' Notary Publir„ State of Texas , My Commission Expires JUNE 22, 1993 (/ ary Public in and for Williamson Counfy, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON I, James N. Boydston, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, with its certification of authentication, was filed for record in my office on the day of , 19 A.D. at o'clock M. and duly recorded in the Official Records of said County in Volume , Page WITNESS MY HAND AND SEAL OF OFFICE of the County Clerk of said County, at office in Georgetown, Texas, the date last written. James N. Boydston, Clerk of the County Court, Williamson County, Texas BY: Deputy VOL 19 7 ?Ma491 Exhibit A FIELD NOTES FOR A 4,157 SQ. FT. (0.0954 AC.) TRACT OF LAND BEING SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING ALSO WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF ROUND ROCK, TEXAS, SAID 4,157 SQ. FT. TRACT OF LAND BEING ALL OF A 7.5 FT. WIDE PUBLIC UTILITY EASEMENT AS GRANTED BY INSTRUMENTS RECORDED IN VOLUME 1155 PAGE 270 AND VOLUME 1171 PAGE 127 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, WHICH IS CONTAINED WITHIN A 4.8542 ACRE (CALLED 4.856 ACRES IN DEED) TRACT OF LAND AS CONVEYED TO CLASSIC OLDSMOBILE- PONTIAC -GMC TRUCK, INC. A TEXAS CORPORATION, BY INSTRUMENT RECORDED IN VOLUME 1891 PAGE 572 OF SAID OFFICIAL RECORDS, SAi:i 4,157 SQ. FT. TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on a point in the previous west right-of-way line of Old U.S. Hwy. 81, a portion of said right-of-way being included within a 0.979 acre tract of land as conveyed to The Triangle Land Venture II, a Texas joint venture, by instrument recorded in Volume 1581, Page 790 of said Official Records, said 0.979 acre tract being also included as a portion of the above referenced 4.8542 acre tract of land, said point being also the southeast corner of a 0.475 acre tract of land as conveyed to Emkay Development Company, Inc. by instrument recorded in Volume 1581, Page 761 of said Official Records, and now included as a portion of Lot 1, Block A of a subdivision recorded as Crystal Park Lot 1, Block A Amended in Plat Cabinet I, Slide 340 of the Plat Records of Williamson County, Texas, said point being an angle point in the north boundary line of the above referenced 4.8542 acre tract of land, the northeast corner and POINT OF BEGINNING hereof and from which, an iron rod found on a point in the existing new west right-of-way line of U.S. Hwy. 81 bears S77011'50"E a distance of 205.67 ft.; THENCE, departing said north boundary line thru the interior of said 4.8542 acre tract, with the previous west right-of-way line of Old U.S. Hwy. 81, the east boundary line of said 7.5 ft. wide public utility easement and the east boundary line hereof, S22018'32"E for a distance of 551.78 ft. to a point in the south boundary line of said 4.8542 acre tract of land, same being the north boundary line of Lot 1, Block A of a subdivision recorded as Rock Creek Plaza in Plat Cabinet H, Slide 213 of the Plat Records of Williamson County, Texas, said point being the southeast corner of the herein described tract of land and from which, an iron rod set on a point in the existing west right-of-way line of U.S. Hwy. 81, same being the southeast corner of the above mentioned 4.8542 acre tract of land, bears N70003'11"E a distance of 11.00 ft.; THENCE departing the east boundary line of said 7.5 ft. wide public utility easement, with the north boundary line of saidLot 1, same being the south boundary line of said 4.8542 acre tract of land, S70003'11"W for a distance of 7.51 ft. to a point for the southwest corner hereof; THENCE departing said common boundary line thru the interior of said 4.8542 acre tract of land, with the west boundary line of said 7.5 ft. wide public utility easement, N22018'32"W for a distance of 556.72 ft. to a point in the north boundary line of said 4.8542 acre tract of land, same being the south boundary line of said 0.475 acre tract of land in the name of Emkay Development Co., and the south boundary line of the above referenced Crystal Park, Lot 1, Block A, for the northwest corner hereof; VOL �gl PhLlL THENCE departing the west boundary line of said 7.5 ft. wide public utility easement with the north houndary line of said 4.8542 acre tract of' land, same being the south boundary line of said Crystal Park Lot 1 Amended subdivision and the south boundary line of said 0.475 acre tract of land, S77019'49"E for a distance of 9.15 ft. to the POINT OF BEGINNING hereof and containing 4,157 sq. ft. of land. 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