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G-96-06-13-9N - 6/13/1996ORDINANCE NO. 4" gip -66 /3" QA.) AN ORDINANCE AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY COUNCIL, TO EXECUTE A DEED CONVEYING CERTAIN REAL PROPERTY, TO -WIT: THE RIGHT-OF-WAY FOR FALCON VIEW DRIVE, WITHIN THE LAUREL RIDGE SUBDIVISION, CITY OF ROUND ROCK, TEXAS, TO ABUTTING PROPERTY OWNERS PURSUANT TO SECTION 272.001, LOCAL GOVERNMENT CODE, V.A.T.S., PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Section 272.001, Local Government. Code, V.A.T.S., allows political subdivisions to convey certain real property, such as streets and alleys, to abutting property owners for less than full market value without having to comply with notice and bidding requirements, and WHEREAS, the City of Round Rock desires to convey the right- of-way for Falcon View Drive, within the Laurel Ridge Subdivision, City of Round Rock, Texas, and WHEREAS, the City has determined that said right-of-way is of no value to the City and that it would be in the City's best interests to convey said right-of-way, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the Mayor is hereby authorized to execute, on behalf of the City Council, a deed conveying the right-of-way for Falcon View Drive, within the Laurel Ridge Subdivision, City of Round Rock, Texas, to property owners abutting said street. C:\WPDOCS\ORDINANC\OR60613N. WPD/scg 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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 /3 day of , 1996. Alternative 2. READ and APPROVED on first reading this the day of , 1996. READ, APPROVED and 'ADOPTED ori second reading this the day of , 1996. ATTEST: NE LAND, City Secretary 2. CHARLES CULPEPR, Mayor City of Round Rock, Texas Legal Description Being 0.119 acres out of the Abel L. Eaves Survey Abstract No. 215 in Williamson County, Texas also being described as a part of Falcon's View Drive in Indian Ridge Section 1—A as recorded in Cabinet J, Slide 151-153 of the Official Records of Williamson County, Texas, said 0.119 acre tract being more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of said 0.119 acre tract, the same being a point in the east right of way of Eagle's Nest Street; THENCE a curve to the left having a radius of 10.00 feet and a length of 15.13 feet with a chord bearing of North 4726'15" West; THENCE South 89'12'44" West a distance of 57.61 feet; THENCE a curve to the left having a radius of 35.00 feet and a length of 21.51 feet with a chord bearing of South 71'36'22" West; THENCE South 540'00" West a distance of 15.44 feet; THENCE North 753'03" West a distance of 57.85 feet; THENCE a curve to the right having a radius of 85.00 feet and a length of 35.98 feet with a chord bearing of North 7T5'13 East; THENCE North 8912'44" East a distance of 57.47 feet; THENCE o curve to the left having a radius of 10.00 feet and a length of 15.17 feet with a chord bearing of North 4544'49" East to a point in the east right—of—way of Eagle's Nest Street; THENCE along the said east right—of—way of Eagle's Nest Street a curve to the left having a radius of 620.00 feet and a length of 68.92 feet with a chord bearing of South 0'54'09" East to the POINT OF BEGINNING and containing 0.119 acres more or less. Right -of Way Vacation for Falcon's View Drive Exhibit A LD 0 II av- Is/ 1S -JrV 1 —1 L-' V - 77) I C5 l,._ W W 3 CD N O C CO :C) - - C C� "')O --LC) -- - Q •-. N- W , t� 0 m cr: Z Z N • - - CI:r^ S Lrj r•j 00 Li C� , -- LD • Ln W U Ln Ln cci J Nr'7LC) • W - LD Cb r7 Amo o� .:C NNLnLnN J W cC LC) 'cY iC LC) O oC r N c NO2'53'03"W 57.85' CURVE REPORT C7 _ ::D 0 0 0 cOoOo Q O LC)Ln ON W N r) '7 Ln Clf C:C)c_Dc_)c) O CD 1 �7 Fisher Hagood, Inc. Larry J. Fisher, P.E. Terry R. Hagood, P.E. May 21, 1996 Mr. Hugh Bender Planning Department City of Round Rock 221 East Main Round Rock, Tx 78664 RE: R.O.W Vacation Documents, Indian Ridge Section 1-A (Falcon View Drive) Dear Hugh: Please find attached a sketch and field notes for the vacation of public right of way known as Falcon View Drive located in the Indian Ridge Section 1-A Subdivision. This documentation is submitted to provide for consideration of the request at the June 13, 1996 City Council Meeting . Per our previous meeting of May 9, 1996 with Ms. Amelia Sondgeroth, this request for vacation by Centex Real Estate Corporation (dba Centex Homes) is required in order to proceed with the final platting of this land (and additional raw acreage) in accordance with the Preliminary Plat previously approved by the Planning and Zoning Commission. The first final plat from this Preliminary Plat, Laurel Ridge Section 1, will be submitted on or before May 29th to provide for action by the Planning and Zoning Commission on June 26, 1996. It is my understanding that the City Attorney will prepare the necessary vacation instrument and Council Resolution to accompany these field notes. Also, there should be no financial consideration required since this vacation of right-of-way will be "swapped" with new right-of-way as part of the approved Laurel Ridge Preliminary Plat. The new right-of-way "swapped" in consideration of this vacation is a portion of the proposed Laurel Ridge Drive which will be included in the Laurel Ridge Section 1 Final Plat. As part of this vacation, we are working with Public Works and all other applicable utilities to properly abandon all active utilities. Should you have any questions or comments please contact me or Mr. John Harris of Centex Homes at your earliest convenience. Sincerely, FISHER HAGOOD, INC. Terry R. Hagood, P.E. Principal TRH/jc cc: John Harris, Centex Homes project \95098\rowvac.hr One Chisholm Trail, Suite 5200 • Round Rock, Texas 78681 • (512) 244-1546 • FAX (512) 388-3698 Subdivisions • plater Storoge & Diatnbution • Mmte,ater Collection Systems • Street & Highway Design Land Devebpment & Pbnting • Structural Engineering • Computerized Mopping INS ['ORION OF LUI 10, uLuk,N S,3 INDIAN RIDGE SECTION 1-A DEDICATED AS e\*".. • R.O.W. BY SEPERATE INSTRUMENT [CORDED IN VOLUME , • Qs , .0/, • 16 ii. _ 26 , N.Jp• . -- - • 60.48". ,.• NO3 20' 2174 / 111'.69' N872026.W 1 t. 1 13 • 44 7S' 1 29 64.78' f41803'211Vc 2 5 ! Lorgriew oF aVorzu fo9zeo0 view Dde. /Reg oE vitWir-am:• Toint of 1eginning ....... a 1 . 1 i \ \\ .;' _ .i 1 '.; r ,..,, 1- ;! I l':i i" ..'.) .17., • \ CIA \ 1 1 \ ti..1.1 \ .......... ;:l r'. t; . i j 10./.--... -.4 \ \ 9 \ CP. r if II ;:s ..... % i41 (-1 :7; ri i --- .0 cj't .. ti ' t ;.1 : : !"; I i I) 11 ::} ...- ,,,i `1\S• , t - ...• 1 4 .- • . - ;1 A F1 1.1 r; il i -1 !Z; .-----. 13 M '''. .1,,e, I. I 11 il ,,-..,.. . , (4'. 4 '• • .. ". • • . • . . . ' ... . c1) LEGEND • IRON ROD FOUND 40 IRON ROD SET Laurel Ridge Section One r„ Sheet ---4e"n".16111riallagIONERSCITIL k of 2 CENTEX HOMES June 6, 1996 Mayor Charlie Culpepper City Council City of Round Rock, Texas 211 East Main Street Round Rock, Texas 78664 Re: Proposed Vacation of Falcon's View Drive Located in Indian Ridge Section 1-A Mayor Culpepper: The purpose of this request is to vacate Falcon's View Drive located in the Indian Ridge Section 1-A Subdivision (see attached final plat of Indian Ridge Subdivision and sketch/field notes for vacation of Falcon's View Drive). This stub street unto Eagles Nest Street is being relocated south approximately 100 feet and renamed Laurel Ridge Drive. This realignment of the streets is as per the Preliminary Plat of the Laurel Ridge Subdivision approved earlier this year by the Planning and Zoning Commission. The Laurel Ridge Section One final plat has been submitted and is being processed by the Planning Department which provides for the dedication of the initial section of Laurel Ridge Drive right-of-way (see attached mapping). After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Centex Real Estate Corporation has agreed to pay for the expenses, if any, and/or perform any relocation of existing utilities of the utility suppliers associated with this vacation. Thank you for considering this request. Sincerely, vett John Bolt Harris Land Acquisition and Development Manager JBH/jmm Attachments I have reviewed the above proposal for utility service purposes and I have no objections. one, Lone Star any CENTEX REAL ESTATE CORP. • 8140 North Mopac, Building 4 • Suite 150 8 • Austin, Texas 78759 512/795-0170 • FAX: 5121795-0863 CENTEX HOMES June 6, 1996 Mayor Charlie Culpepper City Council City of Round Rock, Texas 211 East Main Street Round Rock, Texas 78664 Re: Proposed Vacation of Falcon's View Drive Located in Indian Ridge Section 1-A Mayor Culpepper: The purpose of this request is to vacate Falcon's View Drive located in the Indian Ridge Section 1-A Subdivision (see attached final plat of Indian Ridge Subdivision and sketch/field notes for vacation of Falcon's View Drive). This stub street unto Eagles Nest Street is being relocated south approximately 100 feet and renamed Laurel Ridge Drive. This realignment of the streets is as per the Preliminary Plat of the Laurel Ridge Subdivision approved earlier this year by the Planning and Zoning Commission. The Laurel Ridge Section One final plat has been submitted and is being processed by the Planning Department which provides for the dedication of the initial section of Laurel Ridge Drive right-of-way (see attached mapping). After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Centex Real Estate Corporation has agreed to pay for the expenses, if any, and/or perform any relocation of existing utilities of the utility suppliers associated with this vacation. Thank you for considering this request. Sincerely, 66-u- H-eut4;3 ohn Bolt Harris Land Acquisition and Development Manager JBH/jmm Attachments proposal for utility service purposes and I have no objections. Robert . - tarkey, Southwestern 1 Telephone Co. CENTEX REAL ESTATE CORP. • 8140 North Mopac, Building 4 • Suite 150 B • Austin, Texas 78759 512/795-0170 • FAX: 512/795-0863 CENTEX HOMES June 6, 1996 Mayor Charlie Culpepper City Council City of Round Rock, Texas 211 East Main Street Round Rock, Texas 78664 Re: Proposed Vacation of Falcon's View Drive Located in Indian Ridge Section 1-A Mayor Culpepper: The purpose of this request is to vacate Falcon's View Drive located in the Indian Ridge Section 1-A Subdivision (see attached final plat of Indian Ridge Subdivision and sketch/field notes for vacation of Falcon's View Drive). This stub street unto Eagles Nest Street is being relocated south approximately 100 feet and renamed Laurel Ridge Drive. This realignment of the streets is as per the Preliminary Plat of the Laurel Ridge Subdivision approved earlier this year by the Planning and Zoning Commission. The Laurel Ridge Section One final plat has been submitted and is being processed by the Planning Department which provides for the dedication of the initial section of Laurel Ridge Drive right-of-way (see attached mapping). After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Centex Real Estate Corporation has agreed to pay for the expenses, if any, and/or perform any relocation of existing utilities of the utility suppliers associated with this vacation. Thank you for considering this request. Sincerely, 3g-t-444AA John Bolt Harris Land Acquisition and Development Manager JBH/j mm Attachments I have reviewed the above proposal for utility service purposes and I have no objections. David Maholich, Round Rock Cablevision CENTEX REAL ESTATE CORP. • 8140 North Mopac, Building 4 • Suite 150 B • Austin, Texas 78759 512/795-0170 • FAX: 512/795-0863 CENTEX HOMES June 6, 1996 Mayor Charlie Culpepper City Council City of Round Rock, Texas 211 East Main Street Round Rock, Texas 78664 Re: Proposed Vacation of Falcon's View Drive Located in Indian Ridge Section 1-A Mayor Culpepper: The purpose of this request is to vacate Falcon's View Drive located in the Indian Ridge Section 1-A Subdivision (see attached final plat of Indian Ridge Subdivision and sketch/field notes for vacation of Falcon's View Drive). This stub street unto Eagles Nest Street is being relocated south approximately 100 feet and renamed Laurel Ridge Drive. This realignment of the streets is as per the Preliminary Plat of the Laurel Ridge Subdivision approved earlier this year by the Planning and Zoning Commission. The Laurel Ridge Section One final plat has been submitted and is being processed by the Planning Department which provides for the dedication of the initial section of Laurel Ridge Drive right-of-way (see attached mapping). After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Centex Real Estate Corporation has agreed to pay for the expenses, if any, and/or perform any relocation of existing utilities of the utility suppliers associated with this vacation. Thank you for considering this request. Sincerely, 8tALL4 John Bolt Harris Land Acquisition and Development Manager JBH/jmm Attachments I ha revi ii the 414 Jim rumno , TU Electric, Round Rock District ove proposal for utility service purposes and I have no objections. CENTEX REAL ESTATE CORP. • 8140 North Mopac, Building 4 • Suite 150 8 • Austin, Texas 78759 512/795-0170 • FAX: 512/795-0863 w 24:1- --�'�- r /•SIM.._. N. CENTEX HOMES June 6, 1996 Mayor Charlie Culpepper City Council City of Round Rock, Texas 211 East Main Street Round Rock, Texas 78664 Re: Proposed Vacation of Falcon's View Drive Located in Indian Ridge Section 1-A Mayor Culpepper: The purpose of this request is to vacate Falcon's View Drive located in the Indian Ridge Section 1-A Subdivision (see attached final plat of Indian Ridge Subdivision and sketch/field notes for vacation of Falcon's View Drive). This stub street unto Eagles Nest Street is being relocated south approximately 100 feet and renamed Laurel Ridge Drive. This realignment of the streets is as per the Preliminary Plat of the Laurel Ridge Subdivision approved earlier this year by the Planning and Zoning Commission. The Laurel Ridge Section One final plat has been submitted and is being processed by the Planning Department which provides for the dedication of the initial section of Laurel Ridge Drive right-of-way (see attached mapping). After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Centex Real Estate Corporation has agreed to pay for the expenses, if any, and/or perform any relocation of existing utilities of the utility suppliers associated with this vacation. Thank you for considering this request. Sincerely, John Bolt Harris Land Acquisition and Development Manager JBH/jmm Attachments I have revie . a the above proposal for utility service purposes and I have no objections. R. use, P.E., City of Round Rock CENTEX REAL ESTATE CORP. • 8140 North Mopac, Building 4 • Suite 150 B • Austin, Texas 78759 512/795-0170 • FAX: 512/795-0863 Date: June 11, 1996 Subject: City Council Meeting June 13, 1996 Item: 9.N. Consider an ordinance authorizing the Mayor to execute a deed to the right of way of Falcon View Drive to the abutting property owner. (First Reading) Staff Resource Person: Joe Vining Staff Recommendation: Approval This vacation makes possible a more sensible realignment of Falcon View; this realignment is currently under review in the platting process. Specifically, the replat proposing this realignment is expected to be approved on June 26, 1996 by the Planning and Zoning Commission. DEED WITHOUT WARRANTY DOC# 9635762 u/'r9 Date: July -/ , 1996 Grantor: CITY OF ROUND ROCK, TEXAS Grantor's Mailing Address (including county): CITY OF ROUND ROCK, TEXAS 221 East Main Round Rock, Texas 78664 Williamson County Grantee: 2728 HOLDING CORP., f/k/a CENTEX REAL ESTATE CORP. Grantee's Mailing Address (including County): 2728 HOLDING CORP. 8140 N. Mopac Building 4, Suite 150-B Austin, Texas 78759 Travis County CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): 0.119 acres, more or less, out of the Abel L. Eaves Survey, Abstract No. 215, in Williamson County, Texas, and being more fully described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of the creation, establishment, maintenance and operation of the Brushy Creek Water Control and Improvement District No. 1; and taxes for the current year, the payment of which Grantee assumes. C:\TEXT\ROUNDROC\CENTEX.WPD/cdc OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS f Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, successors or assigns forever, without express or implied warranty; and all warranties that might arise by common law and the warranties in Section 5.023 of the Texas Property Code (or its successor) are excluded. When the context requires, singular nouns and pronouns include the plural. CIT OF ROUND ROCK, TEXAS G CHARLES CULPEPPER, Mayor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON q This instrument was acknowledged before me on )/Q9 by CHARLES CULPEP•_! Mayor, CITY OF ROUND ROCK, TEXT , a'municipal f of said corporation. , on beha 1PPY �B�yi o� CHRISTINE R. MARTINEZ a Its �4 Notary PuWlc, Stole o41C a 5 Coma:Non WV* *OW RJ)ia,164:7 Notary Public, State of Texas Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: YXXXXXXXXXXXXXXXX City of Round Rock XXXXXxXXXXgxX 221 East Main Street XxXXmYXXXxXXXXXXXXXXxE Round Rock, Texas 78664 x 4XXXX;CXXXXXXXXXXuu Attn: Planning Dept. Legal Description Being 0.119 acres out of the Abel L. Eaves Survey Abstract No. 215 in Williamson County, Texas also being described os a port of Falcon's View Drive in Indian Ridge Section 1—A as recorded in Cabinet J, Slide 151-153 of the Official Records of Williamson County, 'Texas, said 0.119 acre tract being more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of said 0.119 acre tract, the same being a point in the east right of way of Eagle's Nest Street; THENCE a curve to the left having o radius of 10.00 feet and a length of 15.13 feet with a chord bearing of, North 4726'15 West; THENCE South 89'12'44' West a distance of '57.61 feet; THENCE a curve to the left having o radius of 35.00 feet and a length of 21.51 feet with a chord bearing of South 71'36'22' West; THENCE South 540'00' West a distance of 15.44 feet; THENCE North 753'03" West o distance of 57.85 feet; THENCE a curve to the right having a radius of 85.00 feet and a length of 35.98 feet with a chord bearing of North 775'13• East; THENCE North 89'12'4( East a distance of 57.47 feet; THENCE a curve to the left having a radius of 10.00 feet and a length of 15.17 feet with a chord bearing of North 4544'49' East to o point in the east right—of—way of Eagle's Nest Street; THENCE along the said east right—of—way of Eagle's Nest Street a curve to the left having a radius of 620.00 feet and a length of 68.92 feet with a chord bearing of South 0'54'09" East to the POINT OF BEGINNING and containing 0.119 acres more or less. Right—of Way Vacation for Falcon's View Drive Exhibit A NpC11011O CD 0. 0 0 00 O O O O OOi_o v NCJI U7 NN ..t••• PO O CO C.1 c,4'JDc0 OCA ONi _ C) Cn n z rn m z Q7 C.�N� r CD CT 51.! yn Z N co�lW S O) W N C) OD Cr CT • 00�� � C:72 12i0d38 3A8n0 ca ‘S8'L5 MK�o.CCzoN anCO C� ' • J Q)fV - _ 43 rn n 1 0 Jo 1 EAGLE'S EST STREET 1 _ t_1t.1 N L c0 N C7. I co / / rn s N X11 g C AFTER RECORDING RETURN TO: CITY OF ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 Doe## 9635762 # Pages: 4 Date : 07-10-1996 Time 03:45:27 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 15.00