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O-81-798 - 4/9/1981ORDINANCE NO. 79/ AN ORDINANCE PROVIDING THAT A PORTION OF A PUBLIC UTILITY EASEMENT BE VACATED AND ABANDONED; PROVID- ING FOR THE REVERSION OF THE FEE IN SAID LAND; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS I. That a portion of a public utility easement described in Exhibit "A" attached hereto and incorporated herein is hereby abandoned and permanently vacated as a public utility ease- ment of any kind or character whatever. II. That the fee to the land in the above described portions of said public utility easement and as shown on Exhibit "A" attached hereto is hereby released and will revert to the adjacent owners. III. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. (Mark through the following alternative that is not appli- cable) Alternative 1. By motion duly made, seconded and passed with an affirma- tive 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 9 TH day of Alternative 2. and APPROVED on first reading this the of , 1981. , 1981. READ, APPROV ADOPTED on secon• -.ding this the y of , 1981. ATTEST: J ANNE LAND, Ci y Secretary RRY ! ' WONN Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the City of Round Rock, Texas, is considering the matter of abandoning as a public utility easement that portion of a public utility easement as described in Exhibit attached hereto and incorporated herein, and has given due notice to the property owners whose property abuts on said public utility easement, and WHEREAS, it will be to the advantage of the property owners whose property abuts said public utility easement being considered for abandonment and to the advantage of the public generally to abandon said public utility easement; NOW, THEREFORE, in consideration of benefits to be re- ceived by the undersigned and the general public, which are hereby acknowledged, the undersigned, being all of the owners of the property abutting said public utility easement, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatso- ever kind or nature on account of the abandonment of said portion of said public utility easement above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said abandonment of said public utility easement and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. IN WITNESS WHEREOF, we have hereunto set our hands this the g day of , 1981. JOE/V BROWN by: Rodney Hohe tza• Presi THE STATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned authority, on this day person- ally appeared JOE P. BROWN _ known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Giveund- my hand and seal of office on this the g - day of ri , 1981. Notary Public in and for Wil,]iamson Count Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned authority, on this day person- ally appeared RODNEY HOHERTZ, President of KENROD, INC. , a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Giv and -r my hand and seal of office on this the , day of , 1981. Notary Public in and for Williamson County, Texas EXHIBIT "A" FIELD NOTES OF A FIFTEEN (15) FOOT WIDE PUBLIC UTILITY EASEMENT TO BE VACATED FIELD NOTES describing a portion of a Public Utility Easement, being fifteen (15) feet in width, said easement having been dedicated per plat as shown on a Plat of Record of Creekside Industrial Park, record- ed in Cabinet C, Slide 374-375 of the Plat Records of Williamson County, Texas, said easement being upon portions of Lot 7 and Lot 9, Block "B" of said Creekside Industrial Park, and being more particular- ly described as being seven and one-half (7.5) feet on either side of its following described centerline: BEGINNING FOR REFERENCE at a point in the South right-of-way line of the North loop of Brandi Lane, being the common front lot corner of said Lot 9 and Lot 8 of said Block "B"; thence along the division line between said Lot 8 and Lot 9, S22°35'E, 82.49 feet to a point being the common rear corner of said Lot 8 and Lot 9, also being in the North line of Lot 7 of said Block "B", for the Easterly limits and POINT OF BEGINNING of the hereinafter described easement; THENCE along the North line of said Lot 7, being the South line of said Lot 9, for the centerline hereof, S67°25'W, 99.74 feet to a point being the Northwest corner of said Lot 7, also being the Northeast corner of Lot 10 of said Block "B", for the Westerly limits of the herein described easement. I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes and attached sketch were prepared from maps and records made by others and a partial on -the -ground survey made under my direction and supervision on the 7th day of April, 1981. All corners located are as shown. There are no encroachments, conflicts or protru- sions apparent on the ground except as shown. STEVEN D. KALLMAN HAYNIE & KALLMAN, INC. -5/t,b. Steven D. Kallman, Registered Public Surveyor No. 3337 4-7- fl Date SKETCH TO ACCOMPANY F/ELW NOTES _OP /6° WIDE Pae. 70 OE 144C ATE Z3RAND/ LANE (50' R. o. t, ) Y 107725'W 99.74' --__ Zoi ,11-2 REFERENCE ,moo/Nr ---T 1 i PO//VT OP E3EG/NN/A/G ,, '4c:::, '�,t 7.5' /5'Pa6 , i /f„ P Haynie & Kallman Inc. CONSULTING ENGINEERS 2115 North Mays Round Rock, Texas 76684 (512) 255-4564, 255-7661 ` ex. A" PG. ro,e A -R/4 7 /98l