O-92-2565 - 2/13/1992ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF THAT CERTAIN 10 FOOT PUBLIC
UTILITY EASEMENT LOCATED ACROSS AND THROUGH LOT 6, BLOCK "B"
OF THE WINDY TERRACE SECTION ONE SUBDIVISION IN ROUND ROCK,
TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, Doug Scott, as the owner of Lot 6, Block "B" WINDY
TERRACE SECTION ONE, has petitioned the CITY COUNCIL OF ROUND ROCK,
TEXAS, requesting the City to vacate a portion of that certain ten
(10) foot public utility easement over said Lot; and
WHEREAS, all authorized public utility users of said public
utility easement have concurred in writing with said petition; Now
Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council hereby vacates and abandons a portion of
that certain utility easement across and through Lot 6, Block "B",
WINDY TERRACE Section One, as originally recorded in Volume 1459,
Page 34, Official Records of Williamson County, Texas; said
easement portion 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conflict herewith are expressly repealed.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.
OR02132D
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 Xi` da
Y
of \p . , 1992.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1992.
READ, APPROVED and ADOPTED on second reading this the
day of , 1992.
ATTEST:
MAIL)
NE LAND, City Secretary
2.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
APPROVAL OF EASEMENT VACATION
l
BE IT KNOWN, that on the ! )th — day of
, A.D. 1992, the City
Council of the City of Round Rock, at its regular meeting, diapprove the partial
vacation of a ten (10') foot wide Public Utility Easement as shown on Exhibit "A"
attached hereto, located across and through Lot 6, Block "B" of the WINDY
TERRACE SECTION ONE Subdivision as recorded in Cabinet E, Slide 363 of the Plat
Records of Williamson County, Texas, upon application thereof by Doug Scott, the
owner and proprietor of all of said Lot 6.
QLb
EXECUTED this the 1 u J day of
ATTEST:
NNE LAND, Assistant City Manager/
City Secretary
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
, A.D. 1992.
By:
MIKE ROBINSON, Mayor
City of Round Rock
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.
1
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the JO —, day of --±
A.D., 1992.
CHRISTINE R. MARTINEZ
Notary Public, State of Texas
My Commission Expires
JUNE 22, 1993
k aA7(
Notary Public in and for Williamson County'exas.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
I, Elaine Bizzell, 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 , 1992 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.
Elaine Bizzell, Clerk of the County Court, Williamson County, Texas.
BY: Deputy
EXHIBIT "A", Page 1
FIELD NOTES
BEING a part of that certain Ten (10) Foot Wide Public Utility Easement
granted to the City of Round Rock, Texas, recorded in Volume 1459 at Page 34,
Official Records of Williamson County, said Public Utility Easement (PUE)
being the southwest Ten (10) feet of Lot 6, Block "B", Windy Terrace Section
One, an addition to the City of Round Rock, Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet E, Slide 363, Plat
Records of Williamson County, and being more particularly described by metes
and bounds as follows, to wit;
COMMENCING at an iron rod found at the south corner of said Lot 6, said iron
rod also being the south corner of said 10' PUE;
THENCE N 39° 12' E a distance of 10.00 feet with the southeast line of Lot 6
and the northwest line of Zephyr Lane to the east corner of said 10' PUE;
THENCE N 50° 48' W a distance of
10' PUE described in Volume 1459
County, to the east corner of the
being the east corner and the True
24.50 feet with the northeast Zine of said
at Page 34, Official Records of Williamson
hereinafter described portion of said PUE,
Place of Beginning hereof;
THENCE S 39° 12' W a distance of 4.00 feet to the south corner hereof;
THENCE N 50° 48' W a distance of 61.00 feet, parallel with and 6.00 feet
northeast of the southwest line of Lot 6, to the west corner hereof;
THENCE N 39° 12' E a distance of 4.00 feet to the north corner hereof in the
northeast line of said 10 foot wide PUE;
THENCE S 50° 48' E a distance of 61.00 feet with the northeast line of said
10 foot wide PUE to the Place of Beginning, containing 244 square feet of
land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coa I ter, RPS, LSLS
1-24-92
EXHIBIT "A", Page 2
SKETCH TO ACCOMPANY FIELD NOTES
LOT 6, BLOCK "B" WINDY TERRACE SECTION ONE E/ 363
WILLIAMSON COUNTY PLAT RECORDS
7
0_
1.1.1
0
f --
0'
N 12°46' E 55.10'
5RUE. (PLAT)
LOT 6
BLOCK "8"
EAVES
0
L2'
ROOF..
4.0' LINE
Exist. I -St. Brick a Wood!
Residence
No.1910 Zephyr Lane —1
1
i—
LLJ
04
5 39° /2' if' 55.00'
ZEPHYR LANE
0
PORTION OF 10' P.U.E. TO
BE VACATED
5
COALTER & ASSOCIATES
905 N. IH -35. Suite #108
?"4\ - 24 - 92 Round Rock, TX. 78664
ICA
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Partial Vacation of Public Utility Easement Affecting, Lot 6, Block
"B", WINDY TERRACE SECTION ONE, Williamson County,
Texas.
KNOW SEE MEN BY THESE PRESENTS:
WHEREAS, Harry L. Silverman, Jr. and E. L. Kendrick, as owners of 36.44 acres of
land out of the Asa Thomas Survey, Abstract No. 609 situated in the City of Round Rock,
Williamson County, Texas, did subdivide said 36.644 acres of land to be known as WINDY
TERRACE SECTION ONE, and, after obtaining acceptance and approval of the plat of said
subdivision by the City of Round Rock Planning and Zoning Commission, did file said plat for
record in Cabinet E, Slides 363 and 364 of the Plat Records of said Williamson County, Texas,
and
WHEREAS, Doug Scott gained ownership of Lot 6, Block "B", WINDY TERRACE
SECTION ONE, Williamson County, Texas, by virtue of the Deed dated November 25, 1991,
recorded in Volume 2080, Page 587 of the Official Records of said Williamson County, Texas,
and
WHEREAS, Doug Scott, being the owner of said Lot, now desires to vacate a portion of
that certain ten (10') foot wide Public Utility Easement located across and through said lot, said
easement having been granted to the City of Round Rock by instrument recorded in Volume 1459,
Page 34 of said Official Records; and the approval of the City Council of the City of Round Rock,
Texas, has been obtained for the partial vacation of said 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, Doug Scott does by these presents hereby declare that certain Public
Utility Easement portion as shown on the attached Exhibit "A", out of that certain Public Utility
Easement as granted to the City of Round Rock, Texas, by instrument recorded in Volume 1459,
Page 34 of the Official Records of Williamson County, Texas, to be vacated and cancelled.
EXECU 1ED this the day of
By:
, 1992.
Doug Scott
1 Oakview o e
Round Rock exas 78681
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared Doug Scott,
Individual, 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 i 0- day o
qC', Q \ , A.D., 1992.
A C L,e� L Ck 1< C
��
No . ° ublic in and for Williamson County, Texas
(ATTACHMENT - A)
Month/Date/Year
Chairman
Planning & Zoning Commission
City of Round Rock, Texas
211 East Main Street
Round Rock, TX 78664
RE: Proposed vacation of a foot PUE (partial vacation of 3 feet of a 1 CO
foot wide PUE) along the (N/S/EAY etc.) line of Lot () , Block
(Subdivision Name) and ad ess. (See attached map.)
lam' \ .
Dear Mr. Dunham,
The purpose of this request is to vacate (describe vacation. or partial vacation) to
relieve the inadvertent encroachment by . After a thorough
examination the respective suppliers of utility service have no objection to this
proposal and have indicated their agreement by signing below. Thank you for
considering this request.
SinceTly,
Applicant
(Phone Number)
Doug Scott Builder
208 Commerce Blvd.
Round Rock, Toxa, 78664
5 i2 —,71-7/L/ -/3c2/1
I have reviewed the above proposal for utility service purposes, and I have no
objections.
022-44 /4'I/L
Bob Fajkus
TU Electric
Round Rock District
Lone Star Gas Company
es Nuse, P.E.
of Round Rock
James KoRy1
Southwestern Bell Telephone Co.
Frank Fontana
Round Rock Cablevision
DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT
EXHIBIT "A", Page 1
FIELD NOTES
BEING a part of that certain Ten (10) Foot Wide Public Utility Easement
granted to the City of Round Rock, Texas, recorded in Volume 1459 at Page 34,
Official Records of Williamson County, said Public Utility Easement (PUE)
being the southwest Ten (10) feet of Lot 6, Block "B", Windy Terrace Section
One, an addition to the City of Round Rock, Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet E, Slide 363, Plat
Records of Williamson County, and being more particularly described by metes
and bounds as follows, to wit;
COMMENCING at an iron rod found at the south corner of said Lot 6, said iron
rod also being the south corner of said 10' PUE;
THENCE N 39° 12' E a distance of 10.00 feet with the southeast line of Lot 6
and the northwest line of Zephyr Lane to the east corner of said 10' PUE;
THENCE N 50° 48' W a distance of 24.50 feet with the northeast line of said
10' PUE described in Volume 1459 at Page 34, Official Records of Williamson
County, to the east corner of the hereinafter described portion of said PUE,
being the east corner and the True Place of Beginning hereof;
THENCE S 39° 12' W a distance of 4.00 feet to the south corner hereof;
THENCE N 50° 48' W a distance of 61.00 feet, parallel with and 6.00 feet
northeast of the southwest line of Lot 6, to the west corner hereof;
THENCE N 39° 12' E a distance of 4.00 feet to the north corner hereof in the
northeast line of said 10 foot wide PUE;
THENCE S 50° 48' E a distance of 61.00 feet with the northeast line of said
10 foot wide PUE to the Place of Beginning, containing 244 square feet of
land.
COALTER & ASSOCIATES, SURVEYORS
/1
4Tr�C�"
Stan Coalter, RPS, LSLS
1-24-92
EXHIBIT "A", Page 2
SKETCH TO ACCOMPANY FIELD NOTES
LOT 6, BLOCK "BH WINDY TERRACE SECTION ONE E/ 363
WILLIAMSON COUNTY PLAT RECORDS
7
IN VOL. 1459, PG. 34 TO BE PART. VACATED
AC
N 42°46'E 55./0'
7.5' P.U.E. (PLAT )
LOT 6
BLOCK I18"
EAVES -4
1.2'
$0
000
110i
0
110
4.0'
ROOF..
LLINE '
Exist. I -St. Brick & Woody
Residence
No. 1910 Zephyr Lane
r- 7
L WALL-
Li
ALL
1-24-92
5 39°/2'IV 55.00'
ZEPHYR LANE
0
PORTION OF 10' P.U.E. TO
BE VACATED
5
COALTER & ASSOCIATES
905 N. IH -35, Suite #108
Round Rock, TX. 78664
AIC IC
DATE: February 11, 1992
SUBJECT: City Council Meeting, February 13, 1992
ITEM: 8.D. Consider an ordinance to vacate a portion of a public utility
easement located on Lot 6, Block B, Windy Terrace Section One.
(First Reading)
STAFF
RESOURCE PERSON: Joe Vining
STAFF
RECOMMENDATION: Approval
When Lot 6, Block B, of the Windy Terrace Section One Subdivision was originally
platted a 7 1/2 - foot public utility easement was dedicated along its west line. Later,
the easement was broadened to ten (10') feet of width via a dedication by separate
instrument. Ultimately, an encroachment resulted during construction of the
house.
At this time the current owner, Doug Scott, requests vacation of the encroachment
area only (as described in the accompanying sketch). All of the authorized public
utility users of this easement have given a written consent to this easement request.
Accordingly, the Staff recommends adoption of the vacation ordinance.
ECONOMIC IMPACT: None.
VOL04.s_ ✓ �n'__
5055
APPROVAL OF EASEMENT VACATION
BE IT KNOWN, that on the '*- day of , A.D. 1992, the City
Council of the City of Round Rock, at its regular meeting, di approve the partial
vacation of a ten (10') foot wide Public Utility Easement as shown on Exhibit "A"
attached hereto, located across and through Lot 6, Block "B" of the WINDY
TERRACE SECTION ONE Subdivision as recorded in Cabinet E, Slide 363 of the Plat
Records of Williamson County, Texas, upon application thereof by Doug Scott, the
owner and proprietor of all of said Lot 6.
EXECUTED this the 13 — day of s--kia'
ATTEST:
NNE LAND, Assistant City Manager/
City Secretary
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
By:
MIKE ROBINSON, Mayor
City of Round Rock
, A.D. 1992.
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.
l./
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the I r, day of d
A.D., 1992.
altAwfol-t)
ia,A7Vm/LL
Notary Public in and for Williamson County
OFFICIAL RECORDS
!? ILLIAMSON COl1KY. TEXAS
exas.
.IOL210. nci 'i
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
I, Elaine Bizzell, 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 , 1992 A.D. at 57 o'clock
A M. and duly recorded in the Official Records of slid County in Volume a/c 7 ,
Page 763 .
WITNESS MY HAND AND SEAL OF OFFICE of the County Clerk of said County, at
office in Georgetown, Texas, the date last written.
Elaine Bizzell, Clerk of the County Court, Williamson County, Texas.
BY: yatt�/� �c� c� Deputy
VOL 21 i Ni165
EXHIBIT "A", Page 1
FIELD NOTES
BEING a part of that certain Ten (10) Foot Wide Public Utility Easement
granted to the City of Round Rock, Texas, recorded in Volume 1459 at Page 34,
Official Records of Williamson County, said Public Utility Easement (PUE)
being the southwest Ten (10) feet of Lot 6, Block "B", Windy Terrace Section
One, an addition to the City of Round Rock, Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet E, Slide 363, Plat
Records of Williamson County, and being more particularly described by metes
and bounds as follows, to wit;
COMMENCING at an iron rod found at the south corner of said Lot 6, said iron
rod also being the south corner of said 10' PUE;
THENCE N 39° 12' E a distance of 10.00 feet with the southeast line of Lot 6
and the northwest line of Zephyr Lane to the east corner of said 10' PUE;
THENCE N 50° 48' W a distance of 24.50 feet with the northeast line of said
10' PUE described in Volume 1459 at Page 34, Official Records of Williamson
County, to the east corner of the hereinafter described portion of said PUE,
being the east corner and the True Place of Beginning hereof;
THENCE S 39° 12' W a distance of 4.00 feet to the south corner hereof;
THENCE N 50° 48' W a distance of 61.00 feet, parallel with and 6.00 feet
northeast of the southwest line of Lot 6, to the west corner hereof;
THENCE N 39° 12' E a distance of 4.00 feet to the north corner hereof in the
northeast line of said 10 foot wide PUE;
THENCE S 50° 48' E a distance of 61.00 feet with the northeast line of said
10 foot wide PUE to the Place of Beginning, containing 244 square feet of
land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPS, LSLS
1-24-92
VOLZi„, RP-) PAGE It
ti /li.) EXHIBIT "A”, Page 2
SKETCH TO ACCOMPANY FIELD NOTES
LOT 6, BLOCK "B" WINDY TERRACE SECTION ONE E/363
WILLIAMSON COUNTY PLAT RECORDS
7
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cc
.ct
0
• cz,
n_
a
o
CD tp
>
C_J
LJ
LAJ
_ it)
N 42°46'E 55./0'
7.5 P.U.E. (PLAT)
AT )
LOT 6
BLOCK "8"
EAVES1
ROOF..
4.0' LINE
'
Exist. 1- St. Brick & Wood'
Residence
No. 1910 Zephyr Lane —1
1— —1
I L WALL -
5 39' /24' 55.00'
ZEPHYR LANE
0
PORT ION OF 10P.U.E. TO
BE VACATED
COALTER & ASSOCIATES
905 N. IH -35, Suite #108
?"\— -24 -92 Round Rock, TX. 78664
CI IC it:
¥o1210ZALii67
THE STATE OF TEXAS §
KNOW SEE MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
Partial Vacation of Public Utility Easement Affecting, Lot 6, Block
"B", WINDY TERRACE SECTION ONE, Williamson County,
Texas.
WHEREAS, Harry L. Silverman, Jr. and E. L. Kendrick, as owners of 36.44 acres of
land out of the Asa Thomas Survey, Abstract No. 609 situated in the City of Round Rock,
Williamson County, Texas, did subdivide said 36.644 acres of land to be known as WINDY
TERRACE SECTION ONE, and, after obtaining acceptance and approval of the plat of said
subdivision by the City of Round Rock Planning and Zoning Commission, did file said plat for
record in Cabinet E, Slides 363 and 364 of the Plat Records of said Williamson County, Texas,
and
WHEREAS, Doug Scott gained ownership of Lot 6, Block "B", WINDY TERRACE
SECTION ONE, Williamson County, Texas, by virtue of the Deed dated November 25, 1991,
recorded in Volume 2080, Page 587 of the Official Records of said Williamson County, Texas,
and
WHEREAS, Doug Scott, being the owner of said Lot, now desires to vacate a portion of
that certain ten (10') foot wide Public Utility Easement located across and through said lot, said
easement having been granted to the City of Round Rock by instrument recorded in Volume 1459,
Page 34 of said Official Records; and the approval of the City Council of the City of Round Rock,
Texas, has been obtained for the partial vacation of said 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, Doug Scott does by these presents hereby declare that certain Public
Utility Easement portion as shown on the attached Exhibit "A", out of that certain Public Utility
Easement as granted to the City of Round Rock, Texas, by instrument recorded in Volume 1459,
Page 34 of the Official Records of Williamson County, Texas, to be vacated and cancelled.
EXECU 1'BD this the day of
By:
Doug Scott
1 Oakview
Round Rock, exas 78681
, 1992.
VOL 2107Ni E 168
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared Doug Scott,
Individual, 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 undo,...,., Hand .,.,A Seal Of Office this the t't--) a.._. of _ )_ r - Lt l , A.D., 1992.
C 1 b,. C
No ublic in and for Williamson County, Texas
. VIRGINIA M. MORENO
•i
SyConnisolso Sete Jet ft, MN
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this instrument was FILED
on the date and at the time stamped hereon
by me. and was duly RECORDED in the Volume
and Page of the named RECORDS of Williamson
County. Texas, as stamped hereon by me, on
FEB 2 0 199;
r I;LtR►r
WILLIAMSON COUNTY, TEXAS
r+i
ry