G-01-01-25-9B1 - 1/25/2001ORDINANCE NO. a-01- 01-Z-96
AN ORDINANCE DETERMINING THAT THE RECITALS
CONTAINED HEREIN ARE TRUE AND CORRECT; DECLARING AND
DETERMINING THAT CERTAIN PROPERTY DESCRIBED HEREIN IS
NOT A CITY STREET; DETERMINING THAT SAID PROPERTY HAS
NEVER BEEN USED AS A CITY STREET; PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINACES.
WHEREAS, the Estate of Wilbur E. Henna, Deceased, ("Owner")
owns certain property ("Property") on North Mays Street in the City
of Round Rock, and
WHEREAS, said Property was acquired by Wilbur E. Henna in
1943, and the legal description of such property is as shown on
Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, a portion of such Property has at various times been
mistakenly described as being a part of Milam Street (unopened) and
Herrick Street (unopened), said portion of the Property (herein
referred to as the "Street Property") being as described on Exhibit
"B" attached hereto and incorporated herein, and
WHEREAS, none of the Street Property was ever dedicated to
the City or accepted by the City in any fashion, and
WHEREAS, the Owner has requested that the City declare by
Ordinance that no legally effective dedication of the Street
Property has ever taken place, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
K:\WPDOCS\ORDINANC\010125B1.WPD/sc
I.
1. The Council hereby declares and determines that none of
the Street Property described in Exhibit "C" is a city street and
that no legally effective dedication of said Property has taken
place.
2. The Council hereby declares and determines that the
Street Property has never been used as a street at any time nor has
the City at any time accepted said Street Property for public
purposes.
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conflict herewith are expressly repealed.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.
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, and
the Act.
2
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, and the Act.
READ and APPROVED on first reading this the day
of , 2001.
READ, APPROVED and ADOPTED on second reading this the
day of , 2001.
ATTEST:
E LAND, City Secretary
3
z.
RO : ' T A. STLUKA, J1/, Mayor
City of Round Rock, Texas
Sent By: Akins & Nowlin, P.G.; 512 244 9733 ;
FIELD NOIEs
Jan -16-01 16:52; Page 2/4
BR.It4G A PART OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN TETE CITY OF
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING PART OF LOT 4 AND ALL OF LAT
5, BLOCK 14, ANDERSON'S FIRST ADDITION TO THE CITY OF ROUND ROCK, ACCORDING To
1HE MAP OR PLAT THEREOF RECORDED IN CABINET A, SLIDE 35, PLAT RECORDS OF
WILLIAMSON COUNTx, AND PART OF THE ABANDONED PORTIONS IONS OF MIL AVENUE AND
HERUCK STREET, (INCLUDING IN TUEIR ENrIRE17 ALL Or THOSE CERTAIN TRACrB OR
PARCELS OF LAND DESCRIBED IN A DEED TO WILBUR E. HENNA RECORDED IN VOLUME 319,
PAGE 615, DEED RECORDS OF WILLIAMSO COUNTY), AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an "X" found cut in the concrete sidewalk at the southeast corner
hereof, said "X" being the northeast corner of Lot 1 of the Bergeron
Subdivision, a subdivision in Williamson County. Texas, according to the map
or plat thereof reoarded in Cabinet Q, Slide 228, Plat Records of Williamson
County;
THENCE S 77° 15' 00" w a distance of 158.83 feet with the north line of said
Lot 1 to an iron rod set at the northwest corner thereof in the east line of
that certain tract of land described in a deed from George Harris and Naomi
Harris to the Round Rock Independent School District recorded in Volume 390,
Page 640, Deed Records of Williamson county;
TRICE N 21' 07' 54" W a distance of 13.6.09 feet with the east line of said
R. R.I. S. D. tract to an iron and found et the southwest corner of that certain
tract of land described in a deed to William F. Adams and Alice M. ,darns
recorded in Volumes 598, Page 604, Deed Records of Williamson COunty;
HENCE N 77' 30' 00" E a distance of 158.42 feet with the south line of said
Adams tract, the north line of the abandoned portion of Milam Avenue, and the
south line of Block 16 of said Anderson's First Addition, to an iron, rod set
at the northeast corner hereof in the west line of North Mays Street;
THENCE S 21" 22' 48" E a distance of 115.46 feet with the west line of North
Mays Street to the Place of Beginning, containing 0.4168 of an acre of land,
subject to easements, conditions and restrictions of record, if any.
Stan Coalter, RPLS, LSLS
4-11-2000 File No. 00048
wp-8
Sent By: Akins & Nowliny'P.C.;' 512 244 9733 ;
FIELD NOTES
Jan -16-01.16:52; Page 3/4
BEING A PART OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN THE CfiY
O11 ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF MILAM
AVENUE AND A PART OF HERRTCK STR1ET AS SHOWN ON THE PLAT OF
ANDERSON'S FIRST ADDITION TO THE CITY OF ROUND ROCK, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET "A", SLIDE
35, PLAT RECORDS OP WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BP ,INNTNCr at an iron rod set at the intersection of the north line of Milam Avenue and the
west line of North Mays Street, (U.S. Highway 81), said iron red also being the southeast corner
of Block 16 of Anderson's First Addition;
THENCE S 21° 22' 48" W a distance of 50.61 feet with the west line of North Mays Street to
the northeast comer of Block 14 of Anderson's First Addition;
THENCE S 77° 30' W a distance of 125.00 feet with the south line of Milam Avenue and the
north line of Block 14 to the northwest comer of said Block 14 in the east line of Herrick Street;
THENCE S 21° 22' 48" E a distance of 65,40 feet with the cast line off Herrick Street and the
wcst line of said Block 14 to a point in thc north lint of Uri 1 of the Bergeron Subdivision, a
subdivision of record filed in Cabinet "Q", Slide 228, Plat Records of Williamson County;
THENCE S 77° 15' W a distance of 33.91 feet with the north line of said Lot 1 to an iron rod sct
at the northwest corner of said Lot 1, Bergeron Subdivision, said iron rod bcing in Herrick Street;
THENCE N 21° 07' 54" W a distance of 116.09 feet along Herrick Street to an iron rod found in
thc north line of Milam Avenue at the southwest corner of that certain tract or parcel of land
described in a deed to William F. and Alice M. Adams recorded in Volume 598, Page 604, Deed
Records of Williamson County;
TIIENCE N 77" 30' E a distance of 158.42 feet with the north line of Milam Avenue to the Place
of Beginning, containing 0.2322 of an acre, (10,113 square feet), of land.
J. S. C:OALTT:R & ASSOCIATES, SURVEYORS
Stant Coalter, RPLS, LSLS
01.01-01 File No. 00048
(414161i "C"
ent By: Akins & Nowlin, P.C.;
512 244 9733 ;
SURY1KY PLAT
This is to certify that I have. this dart. Rader careful and accurate survey un the ground of property located at
N. 416 NORTH BAYS STREET ' in THE CITY OF ROUND ROCK
describyedasfotiows. PART OF THE WILEY HARRIS SURVEY. ABSTRACT NO. 298. IN THE CITY OF
S
ROUND ROCK, WILLIAMSON COUNTY, TEXAS. BEING MORE PARTICULARLY DESCRIBED BY METES
& BOUNDS IN FIELD NOTES ATTACHED HERETO AND MADE A PART HEREOF_
Jan -16-01 16:52; Page 4/4
W
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h
BLOCK 16 ANDERSON'S FIRST ADDN.
WiII, F. 8 Alice M. Adams 598/604
(SEAR 'rlt6 BASrS)
I�I LL/ LOT 1 BERGERON Sub. Q/228
I Or= L. 14
NO�s`s root
(ExhibIDON
;t `
NOTE: Easement to TP&L Co., Yol. 236, Pg.
302. DRWC, is not applicable to this tract.
RlriSed 05-29-2060
DATE! 4-11-00
REP' Jon P. Evans
GF 00044674
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• - IRON RUO FOUND
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CO Wastewater Cleemel
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FLOOD NOTE ' Ian rasteerter onmow
The property deccs ibed hereon IS NOT within a Spedal Flood Hazard Area
as determined by the Federal Emergency Manages Agency; Oho DOod hazard area being identi-
fied to P.I.R.M. Panel No. 481040 0330 D effective 1-03-97
J Zane A 0 Zone AH • Zone X . (Areas delenirined to be outside the S00 year flood plain.)
PURVEYORS CERTIFICATE ' Georgpt' Tftie.Coogeny-, Stewart Title
Guaranty Co., buyer end lienholder
The'plat 'bona hereon is a taw. Correa and accurate etprseoiation of the property et deter -
Mined by survey. rhe lines and dhoanions of sold property :Mins i:adicamed by the plot; the
sire. location and type of bonding and Impost/meats ars. as drown. all improvements being
',Ohio the bouadarin of tib' properay. met back from raja property Itnas the d stapecs inhrated.
Thais ntr•ra cowonctunanta, t9nfliob or pretension& .drartaare it area, 'islet. utility. thud or
roads erasion acid property. except as shows, heron, and gain prppetty has accea ro and from
a dedicated public roadway.
COAL' eA s A,NS(X;IATES
VOS N IN -15 • SATE 108 • RC UND ROCK., 7l XA, 786,q
265-8211
. 00.048
e
0 '2001 12:00 FAX 51221135563'
CORR PUBLIC WORKS
4 SHEETS
Z002
416 N. Mays
Ems• a1 1011.2541416N]413 DATE.I-1141
DATE: January 19, 2001
SUBJECT: City Council Meeting — January 25, 2001
ITEM: 9.B.1. Consider an ordinance declaring that no City streets are located
within certain real property at 416 North Mays. (First Reading)
Resource: Jim Nuse, Public Works Director
History: The Estate of Wilbur E. Henna owns the property located at 416 North Mays.
The estate is unable to convey clean title because a City map from the early
1840's shows an unopened portion of two streets running through the property.
The streets were never dedicated to the City, nor has the City ever accepted said
streets within said property. The City has no present or future need for the
streets.
Funding:
Cost: All cost paid by the Henna Estate
Source of funds: N/A
Outside Resources: N/A
Impact: None
Benefit: Allows for sale of property and retaining property on tax rolls.
Public Comment: N/A
Sponsor: N/A