G-04-07-08-8D3 - 7/8/2004ORDINANCE NO.- ny 07-0y-FD3
AN ORDINANCE VACATING, ABANDONING, AND CLOSING A 20
FOOT WIDE ALLEY IN BLOCK 33, ROUND ROCK ORIGINAL PLAT,
LOCATED BETWEEN NORTH BROWN STREET AND NORTH BLAIR
STREET, AND WEST AUSTIN AVENUE AND EAST LIBERTY
AVENUE, WITHIN THE CITY OF ROUND ROCK, TEXAS,
PURSUANT TO SECTION 311.007, TRANSPORTATION CODE,
V.A.T.S.; RESERVING A PERMANENT PUBLIC UTILITY
EASEMENT; AND PROVIDING 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 a 20 foot wide alley in Block 33, Round Rock Original
Plat, located between North Brown Street and North Blair Street,
and West Austin Avenue and East Liberty Avenue, within the City of
Round Rock, Texas, as described in Exhibit "A"; and
WHEREAS, the City of Round Rock desires to reserve a
permanent public utility easement across the entire alley being
vacated, as described in Exhibit "A"; Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That a 20 foot wide alley in Block 33, Round Rock Original
Plat, located between North Brown Street and North Blair Street,
and West Austin Avenue and East Liberty Avenue, within the City of
Round Rock, Texas, as more particularly described by metes and
bounds in Exhibit "A", said exhibit being attached hereto and made
CPFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/040708D3.WPD/vr
a part of this ordinance, is hereby vacated, abandoned, and closed
insofar as the right, title of easement of the public is concerned.
However, a permanent public utility easement is hereby
reserved across the entire alley being vacated, abandoned, and
closed, as described in Exhibit "A".
II.
That the abandonment provided herein shall extend only to the
public right, title of easement in and to the tracts of land
described in Part I of this ordinance, and shall be constructed
only to that interest the governing body of the City of Round Rock
may legally and lawfully abandon.
jj The aCioty Secretary is directed
to file this Ordinance No. 0-0'7-0 /y-d0-0in the official public
records of Williamson County, Texas.
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conflict herewith are expressly repealed.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.
2
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 L4= 2004.
Alternative 2.
READ and APPROVED on first reading this the day of
2004.
READ, APPROVED and ADOPTED on second reading this the
day of
2004.
wELL, Mayor
Ci of Round Rock, Texas
T ST:
CHRISTINE R. MARTINEZ, City Secret I
y
3
First Baptist Church
20' Wide Alley
0.124 Acre Tract
Page] of 3
DESCRIPTION
FOR A 0.124 ACRE (5,389 SQUARE FOOT) TRACT OF LAND
SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298,
IN WILLIAMSON COUNTY, TEXAS, BEING ALL PORTION OF A
20 FOOT WIDE ALLEY IN BLOCK 33, ROUND ROCK, A
SUBDIVISION RECORDED IN CABINET A, SLIDES 191 - 192 OF
THE PLAT RECORDS OF SAID COUNTY, SAID 0.124 ACRE TRACT
IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a '/2" iron rod found at the northwest corner of Lot 5, Block 33, of said
Round Rock Subdivision, same being the intersection of the south line of said 20 foot
wide alley and the east right-of-way line of North Brown Street (80 foot right-of-way
width), for the southwest corner and POINT OF BEGINNING hereof;
THENCE with the east right-of-way line of said North Brown Street, N 19° 15' 25" W
for a distance of 20.00 feet to the southwest corner of Lot 6, of said Block 33, same being
the intersection of the north line of said 20 foot wide alley and the east right-of-way line
of said North Brown Street, for the northwest corner hereof;
THENCE with the north line of said 20' wide alley, same being in part with the south
line of Lots 6 and 7, of said Block 33 and the south line of Lot 1, First Baptist Curch
Round Rock, a subdivision recorded in Cabinet M, Slides 277 — 278 of the Plat Records
of said county, N 70° 48' 56" E for a distance of 269.39 feet to the southeast corner of
said Lot 1, same being the intersection of the north line of said 20 foot wide alley and the
west right-of-way line of North Blair Street (80 foot right-of-way width), for the
northeast corner hereof, from which a %" iron rod found for the northeast corner of said
Lot I bears, N 19° 30' 14" W for a distance of 124.27 feet;
THENCE with the west right-of-way line of said North Blair Street, S 19° 30' 14" E for
a distance of 20.00 feet to the northeast corner of Lot 1, of said Block 33, same being the
EXHIBIT
uAn
First Baptist Church
20' Wide Alley
0.124 Acre Tract
Page 2 of 3
intersection of the south line of said 20 foot wide alley and the west right-of-way line of
said North Blair Street, for the southeast corner hereof, from which a '/2" iron rod found
bears, N 70° 48' 56" E for a distance of 0.52 feet, and from which said northeast corner
of Lot 1, of said Block 33 a ''/z" iron rod found for the southeast corner of Lot 1, of said
Block 33, same being intersection of the west right-of-way line of said North Blair Street
and the north right-of-way line of East Liberty Avenue (80 foot right-of-way width)
bears, S 19° 30' 14" E for a distance of 125.09 feet;
THENCE with the south line of said 20 foot wide alley and in part with the north line of
Lots 1 — 5, of said Block 33, S 70° 48' 56" W for a distance of 269.48 feet to the POINT
OF BEGINNING and containing 0.124 acres of land.
Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN.
Surveyed under the direct supervision of the undersi
Margaret A. Nolen ~�
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
1:
Job No.: 1419-2-001-11
Filename: W:\PROJECTS\FIRST BAPTIST CHURCH\DESCRIPTION 20' ALLEY\FIRST BAPTIST CHURCH 20' ALLEY.doc
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+E Abandoment of an alley Lying Between
N. Brown Street and N. Blair Street
u�
DATE:
SUBJECT:
ITEM:
Department:
Staff Person:
Justification:
July 2, 2004
City Council Meeting - July 8, 2004
*8.D.3. Consider an ordinance abandoning an alley lying between North Brown
Street and North Blair Street. (First Reading)
Transportation Services
Tom Martin, Director of Transportation Services
The Transportation Director has determined that the alley serves no present or future public
purpose; however a public utility easement will be reserved across the entire alley.
Fun=
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information•
The First Baptist Church, which is located at 306 Round Rock Avenue, requested that the City
abandon the alley lying between N. Brown Street and N. Blair Street. The church owns the
property adjacent to the alley. The Transportation Director has determined that the alley serves
no present or future public purpose; however a public utility easement (PUE) will be reserved
across the entire alley. The PUE is required by the City of Round Rock, Oncor Energy/TXU Gax
and Time Warner Cable, but not Southwestern Bell Corporation.
Public Comment: N/A
1111111111111111111lli ORD
9 PGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
2004054519
I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas,
do hereby certify that I am the custodian of the public records maintained by the City
and that the above and foregoing is a true and correct copy of Ordinance No. G -04-07-
08-8D3, which approves abandoning an alley lying between North Brown Street and
North Blair Street. This ordinance was approved by the City Council of the City of
Round Rock, Texas, at a regular scheduled meeting held on the 8tn day of July 2004.
These minutes are recorded in the official City Council Minute Book No. 51.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 9t1' day
of July 2004.
CHRISTINE R. MARTINEZ, City Secretary
a part of this ordinance, is hereby vacated, abandoned, and closed
insofar as the right, title of easement of the public is concerned.
However, a permanent public utility easement is hereby
reserved across the entire alley being vacated, abandoned, and
closed, as described in Exhibit "A".
II.
That the abandonment provided herein shall extend only to the
public right, title of easement in and to the tracts of land
described in Part I of this ordinance, and shall be constructed
only to that interest the governing body of the City of Round Rock
may legally and lawfully abandon.
The City
Secretary is directed
to file this ordinance No. 0-04-07-08D4 the official public
records of Williamson County, Texas.
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.
2
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 f 2004.
Alternative 2.
READ and APPROVED on first reading this the day of
2004.
READ, APPROVED and ADOPTED on second reading this the
day of
20(
ST ,
CHRISTINE R. MARTINEZ, City Secret I
y
3
of Round Rock, Texas
First Baptist Church
20' Wide Allev
0.124 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.124 ACRE (5,389 SQUARE FOOT) TRACT OF LAND
SITUA"TED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298,
IN WILLIAMSON COUNTY, TEXAS, BEING ALL PORTION OF A
20 FOOT WIDE ALLEY IN BLOCK 33, ROUND ROCK, A
SUBDIVISION RECORDED IN CABINET A, SLIDES 191 - 192 OF
THE PLAT RECORDS OF SAID COUNTY, SAID 0.124 ACRE TRACT
IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a '`/2" iron rod found at the northwest corner of Lot 5, Block 33, of said
Round Rock Subdivision, same being the intersection of the south line of said 20 foot
wide alley and the east right-of-way line of North Brown Street (80 foot right-of-way
width), for the southwest corner and POINT OF BEGINNING hereof,
THENCE with the east right-of-way line of said North Brown Street, N 19° 15' 25" W
for a distance of 20.00 feet to the southwest corner of Lot 6, of said Block 33, same being
the intersection of the north line of said 20 foot wide alley and the east right-of-way line
of said North Brown Street, for the northwest corner hereof;
THENCE with the north line of said 20' wide alley, same being in part with the south
line of Lots 6 and 7, of said Block 33 and the south line of Lot 1, First Baptist Curch
Round Rock, a subdivision recorded in Cabinet M, Slides 277 — 278 of the Plat Records
of said county, N 70° 48' 56" E for a distance of 269.39 feet to the southeast corner of
said Lot 1, same being the intersection of the north line of said 20 foot wide alley and the
west right-of-way line of North Blair Street (80 foot right-of-way width), for the
northeast corner hereof, from which a ''/z" iron rod found for the northeast corner of said
Lot 1 bears, N 19° 30' 14" W for a distance of 124.27 feet;
THENCE with the west right-of-way line of said North Blair Street, S 19° 30' 14" E for
a distance of 20.00 feet to the northeast corner of Lot 1, of said Block 33, same being the
EXHIBIT
9 "A"
First Baptist Church
20' Wide Alley
0.124 Acre Tract
Page 2 of 3
intersection of the south line of said 20 foot wide alley and the west right-of-way line of
said North Blair Street, for the southeast corner hereof, from which a '`/2" iron rod found
bears, N 70° 48' 56" E for a distance of 0.52 feet, and from which said northeast corner
of Lot 1, of said Block 33 a ''/z" iron rod found for the southeast corner of Lot 1, of said
Block 33, same being intersection of the west right-of-way line of said North Blair Street
and the north right-of-way line of East Liberty Avenue (80 foot right-of-way width)
bears, S 19° 30' 14" E for a distance of 125.09 feet;
THENCE with the south line of said 20 foot wide alley and in part with the north line of
Lots I — 5, of said Block 33, S 70° 48' 56" W for a distance of 269.48 feet to the POINT
OF BEGINNING and containing 0.124 acres of land.
Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN.
Surveyed under the direct supervision of the undersigned duliggikril, 2004:
X
RET A. NOt
5589 Q:
Margaret A. Nolen '�++�s
Registered Professional Land Surveyor No. 5589 Sui0
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(S 12) 244-9620
Job No.: 1419-2-001-11
Filename: W:\PROJECTS\FIRST BAPTIST CHURCH\DESCRIPTION 20' ALLEY\FIRST BAPTIST CHURCH 20' ALLEY.doc
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2004054519
'6x cQdul
07/12/2004 12:22 PM
ALLEN $30.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
r)
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664