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G-94-08-11-9C - 8/11/1994ORDINANCE NO. & - '7 q - O g- i 1- 9C_, AN ORDINANCE VACATING ALL OF THAT CERTAIN SEVEN FOOT SIX INCHES (7'6") PUBLIC UTILITY EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Classic Automotive Inc., doing business as Classic Toyota, as the owner of Lot 1, Block "A" Crystal Park Subdivision, has through its president, Donald J. Tamburro, petitioned the CITY COUNCIL OF ROUND ROCK, TEXAS, requesting the City to vacate a portion of that certain seven foot six inchs (7'6") public utility easement contained in said Lot; and WHEREAS, all authorized public utility users of said easement have concurred in writing with said petition; and WHEREAS, the City Council of Round Rock, Texas approved and adopted Ordinance G -93-10-28-8C on October 28th, 1993 desiring to vacate said easement; and WHEREAS, clarification is needed to vacate said public utility easement; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council hereby vacates and abandons all of that certain public utility easement across and through Lot 1, Block "A", Crystal Park Subdivision, a subdivision recorded in Cabinet I, Slide 340, Plat Records of Williamson County, said public utility easement recorded in Volume 1171, Page 127, Official Records of KS\ORDINANCE OR40811.0 Williamson County and being also recorded in Volume 1155, Page 270, Official Records of Williamson County, Texas; said public utility easement being more particularly described by metes and bounds on Exhibit "A" attached hereto. 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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 041 day of C , 1994. Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. ATTEST: LAND, City Secretary CHARLES CUL/PgPyER, Mayor City of Round Rock, Texas 2. DESCRIPTION FOR A 1341 -SQUARE -FOOT (0.076 ACRE) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A 7.5 -FOOT -WIDE PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK, A MUNICIPALITY SITUATED WILLIAMSON COUNTY. TEXAS, BY INSTRUMENT RECORDED IN VOLUME 1171 PAGE 127 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING ALSO ALL OF A 7.5 -FOOT -WIDE PUBLIC UTILITIES EASEMENT CONVEYED TO THE CITY OF ROUND ROCK. A MUNICIPALITY SITUATED IN WILLIAMSON COUNTY, TEXAS BY INSTRUMENT RECORDED IN VOLUME 1155 PAGE 270 OF SAID OFFICIAL RECORDS. WHICH IS CONTAINED WITHIN LOT 1, BLOCK A, "CRYSTAL PARK LOT 1, BLOCK A", A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET I SLIDE 340 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1341 -SQUARE -FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the previous west right-of-way line of Old U.S. Highway No. 81 being an angle point in the south boundary line of said Lot 1, Block A, same being the north boundary line of "Classic Addition", a subdivision recorded in Cabinet "J", Slide 373 of said Plat Records, same being in the east boundary line of said 7.5 -foot - wide public utility easement for the southeast corner and POINT OF BEGINNING hereof; THENCE with the south boundary line of said Lot 1, Block A, same being the north boundary line of said Classic Addition, N77026'40"W for a distance of 9.15 feet to the southwest corner of said 7.5 -foot -wide public utility easement for the southwest corner hereof, from which an iron rod found on a point in the east right-of-way line of Interstate Highway No. 35, same being the southwest corner of said Lot 1, Block A, same being the northwest corner of said Classic Addition bears N77°26'40"W, a distance of 184.82 feet; THENCE departing said common line, through the interior of said Lot 1, Block A with the west boundary line of said 7.5 -foot -wide public utility easement, N22°2418"W for a distance of 176.89 feet to the northwest corner of said 7.5 -foot -wide public utility easement for the northwest corner hereof; THENCE with the north line of said 7.5 -foot -wide utility easement, N78°19'31"E for a distance of 7.63 feet to a point in the previous west right-of-way line of said Old U.S. Highway No. 81 same being the northeast corner of said 7.5 -foot -wide public utility easement for the northeast corner hereof; THENCE with said previous west right-of-way line, same being the east boundary line of said 7.5 -foot -wide public utility easement, S22°24'18"E for a distance of 180.71 feet to the POINT OF BEGINNING and containing 1341 square feet of land. Prepared from an actual survey on the ground by Baker-Aicklen & Associates, Inc. 404g• g/44;14,--* Cecil Jac .. Chisholm Date Registere , rofessional Land Surveyor No. 4295 CJC:ek August 27, 1993 Revised 08/27/93; 09/29/93; 07/28/94 Job No. 470-002-13 7 -2F -q4 - 4 EXHIBIT ♦ �! u (-UI AC;XSft, 0191( M A'\. \ :1 429, iZ 5A' •...'ow. ,A(, Lo:. I.H. 35 NORTH SKETCH TO ACCOMPANY DESCRIPTION z 1,2343. 123'13. g 1 7.57Pt):'0.127 1 o1. IVo1.1155 P"•270 -s- 04.0 SFTt4FRS -.-- ......- \ N \ 0• / cV o N.'\____\ P„ -.0 � I r 4tu -slit 3 ti / 3 Su$��1 PCS Bc.,..6 NG / '& c X003 of ?,� 131141 \ / Q � / 1L / pPT.'B' I 77.47.1771, 9•11• < LOT C CAB 'J AS C ADDITION L1ITO374 i'GIt JACKSON CHtSHOLM 429°. N•OQ. 4%. 1 SUN LEGEND P.U.E. = PUBLIC UTILITY EASEMENT • = IRON ROO FOUND ■ = RIGHT OF WAY DISC FOUND INVERSE BEARING = PROJECT BEARING BASIS PT. A" TO PT. B" PLAT CAB. J SL. 373 & 374 As PrepoDate Cecil Jockson Chisholm, R.P.L.S. No. 4295 j' -Z 7- %3 9111 Jollyville Road. Suite 107 /Cr v, sr i' Austin, TX 78759 d ? i 'PV's'e! 7- '% EXHIBIT 'A' DATE JUNE, 1993 JOB NO.: 470-002-13 FILE: CLAS2.DWG BY: KP Baker-Alcklon & Associates. Inc. Consulting Engineers Date: August 9, 1994 Subject: City Council Meeting, August 11, 1994 Item: 9.C. Consider an ordinance vacating a seven foot six inch (7'6") public utility easement in Lot 1, Block A, Crystal Park Subdivision. (First Reading) Staff Resource Person: Joe Vining Recommendation: Approval This ordinance corrects an erroneous reference to a twelve (12) foot sanitary sewer and waterline easement when the item being vacated is actually a seven (7 1 /2') and one-half foot public utility easement. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK voi.2593PdGE000 42534 I, JOANNE LAND, Assistant City Manager/City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of the City of Round ock, Texas, at at a meeting held on the / / VU day of 19 Rock in book which is recorded in the minutes of the City of Round WITNESSED /by my, hand and se.1 of the City of 116U RoundRock, Texas on this t( day of 19 �/ f l /(J( JOANNE LAND Assistant City Manager/ City Secretary OFFICIAL RECORD.), V!1LLU SOPS COUNTY. TEXT VOL. 2 5 3 PAGE O O 0 2 ORDINANCE NO. " `1 - D O p - AN ORDINANCE VACATING ALL OF THAT CERTAIN SEVEN FOOT SIX INCHES (7'6") PUBLIC UTILITY EASEMENT LOCATED ACROSS AND THROUGH LOT 1, BLOCK "A" OF THE CRYSTAL PARK SUBDIVISION IN ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Classic Automotive Inc., doing business as Classic Toyota, as the owner of Lot 1, Block "A" Crystal Park Subdivision, has through its president, Donald J. Tamburro, petitioned the CITY COUNCIL OF ROUND ROCK, TEXAS, requesting the City to vacate a portion of that certain seven foot six inchs (7'6") public utility easement contained in said Lot; and WHEREAS, all authorized public utility users of said easement have concurred in writing with said petition; and WHEREAS, the City Council of Round Rock, Texas approved and adopted Ordinance G -93-10-28-8C on October 28th, 1993 desiring to vacate said easement; and WHEREAS, clarification is needed to vacate said public utility easement; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council hereby vacates and abandons all of that certain public utility easement across and through Lot 1, Block "A", Crystal Park Subdivision, a subdivision recorded in Cabinet I, Slide 340, Plat Records of Williamson County, said public utility easement recorded in Volume 1171, Page 127, Official Records of KS\ORDINANCE OR40811.0 VOL 2553PAGEOO 3 Williamson County and being also recorded in Volume 1155, Page 270, Official Records of Williamson County, Texas; said public utility easement being more particularly described by metes and bounds on Exhibit "A" attached hereto. 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 W)5 - da Y of 1994. Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of 1994. ATTEST: JOA E LAND, City Secretary CHARLES CULPF,$ER, Mayor City of Round Rock, Texas 2. VOL 2E 93PdGE0004 DESCRIPTION FOR A 1341 -SQUARE -FOOT (0.076 ACRE) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A 7.5 -FOOT -WIDE PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK, A MUNICIPALITY SITUATED WILLIAMSON COUNTY, TEXAS, BY INSTRUMENT RECORDED IN VOLUME 1171 PAGE 127 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING ALSO ALL OF A 7.5 -FOOT -WIDE PUBLIC UTILITIES EASEMENT CONVEYED TO THE CITY OF ROUND ROCK, A MUNICIPALITY SITUATED IN WILLIAMSON COUNTY, TEXAS BY INSTRUMENT RECORDED IN VOLUME 1155 PAGE 270 OF SAID OFFICIAL RECORDS, WHICH IS CONTAINED WITHIN LOT 1, BLOCK A, "CRYSTAL PARK LOT 1, BLOCK A", A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET I SLIDE 340 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1341 -SQUARE -FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the previous west right-of-way line of Old U.S. Highway No. 81 being an angle point in the south boundary line of said Lot 1, Block A, same being the north boundary line of "Classic Addition", a subdivision recorded in Cabinet "J", Slide 373 of said Plat Records, same being in the east boundary line of said 7.5 -foot - wide public utility easement for the southeast corner and POINT OF BEGINNING hereof; THENCE with the south boundary line of said Lot 1, Block A, same being the north boundary line of said Classic Addition, N77°26'40"W for a distance of 9.15 feet to the southwest corner of said 7.5 -foot -wide public utility easement for the southwest corner hereof, from which an iron rod found on a point in the east right-of-way line of Interstate Highway No. 35, same being the southwest corner of said Lot 1, Block A, same being the northwest corner of said Classic Addition bears N77°26'40"W, a distance of 184.82 feet; THENCE departing said common line, through the interior of said Lot 1, Block A with the west boundary line of said 7.5 -foot -wide public utility easement, N22°24'18"W for a distance of 176.89 feet to the northwest corner of said 7.5 -foot -wide public utility easement for the northwest corner hereof; THENCE with the north line of said 7.5 -foot -wide utility easement, N78°19'31"E for a distance of 7.63 feet to a point in the previous west right-of-way line of said Old U.S. Highway No. 81 same being the northeast corner of said 7.5 -foot -wide public utility easement for the northeast corner hereof; THENCE with said previous west right-of-way line, same being the east boundary line of said 7.5 -foot -wide public utility easement, S22°24'18"E for a distance of 180.71 feet to the POINT OF BEGINNING and containing 1341 square feet of land. Prepared from an actual survey on the ground by Baker-Aicklen & Associates, Inc. 4 ilk;4140 Cecil Jac Chisholm Date Registere rofessional Land Surveyor No. 4295 CJC:ek August 27, 1993 Revised 08/27/93; 09/29/93; 07/28/94 Job No. 470-002-13 7-zs-9¢ Cf_C!L IAc s m CHISHOLM 4295 z a C. EXHIBIT ,/ VOL. 25 3PAGE0005 LH, 35 NORTH SKETCH TO ACCOMPANY DESCRIPTION o 0 O<..0, S4-7.7_4 \LD \ F'M'S 8C \ (-) \ ISD `10' \ Ro, iv, z C 07- ISTq< p \ I /44 pork - 4p N7g�1- w3VE 43' t 7 5PU' E. 127 � flooal p0155 P•2�0 PT.'A'9.13' "'''+_oma,,, 18,.2 1 1 LOT CL CA • CLASSIC B J' SL.3 j3D8, 37 374 i C i iACt.SON CHISHOLM 4 7• 4.N t(/-.- *OS. Sup P.U.E. • PT.'B' LEGEND 1 N = PUBLIC UTILITY EASEMENT = IRON ROD FOUND • = RIGHT OF WAY DISC FOUND INVERSE BEARING = PROJECT BEARING 'BASIS PT. "A" TO PT. "B" PLAT CAB. J SL. 373 & 374 As Pr Cecil J Chisholm, R.P.L.S. No. 4295 d-2 7� 93 9111 Joliyville Rood, Suite 107 o Austin. TX 78759 �e w5 d 9 < /qeeZ'ised 7- 2 - 74 - EXHIBIT 'A' DATE JUNE, 1993 JOB NO.: 470-002-13 FILE: CLAS2.DWG BY: KP olden Associates. be. Consulting Englners VOL. 2593PAGE0WA' STATE OF TEXAS ;OUB OF Y LLIALISOM 2 hereby certify that this instrument was FILED en the date and a the time stamped hereon by me, and was duly RECORDED in the 1'e►um- ,snd Page of the named RECORDS of Williamson r;ountV Texas as stamped hereon Dv me, on ),uG 2 4 1994 ,,I;OL 4TY CLERK '.'ILLIA SON COUIITY, TEM CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664