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O-81-784 - 1/22/1981ORDINANCE NO. 71L1 AN ORDINANCE PROVIDING THAT A PORTION OF OLD SAM BASS ROAD BE VACATED AND ABANDONED; PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS I. That a portion of Old Sam Bass Road (as shown on Exhibit "A" attached hereto) be and the same is hereby closed, abandoned and permanently vacated as a street or public thoroughfare of any kind or character whatsoever. II. That the fee to the land in the above described portion of said street is hereby released and will revert to the adjacent land owner as provided by law. III. That the City of Round Rock retains the easement and right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or opera- tion of any utility now located in the street or portion thereof vacated by this ordinance. (Mark through the following alternative that is not applic- able) 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 day of Af ', , 1981. Alternative 2. READ and APPROVED on first reading this the day of , 1981. READ, APPROVED and ADOPTED on sec. d reading this the day of , 1981. ATTEST: i42 ANNE LAND, :ty Secretary \ LA ''YL.AMMOION116 : N , M., yor ity of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the City of Round Rock, Texas, is considering the matter portion of hereto and of closing and abandoning as a public street that Sam Bass Road as described in Exhibit "A" attached incorporated herein, and has given due notice to the property owners whose property abuts on said area of Sam Bass Road, and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Sam Bass Road being considered for abandonment and to the advantage of the public generally to abandon said portion of Sam Bass Road; 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 area of Sam Bass Road, 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 and closing of said portion of said Sam Bass Road above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, consequences thereof. IN WITNESS WHEREOF, we have hereunto set our hands this including all the effects and the „1,rU day of ). , 1981. CRISANTO PEREZ, 8R. LINDA PEREZ THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day person- ally appeared Crisanto Perez, Sr. and wife, Linda Perez, 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. Given under my hand and seal of office, this A7,&day }� i,� , 1981. N,tary Public in and fork illiamson County, Texas JANET L. SCHWARZ NOTARY PUBLIC WILLI.°;M O 1 COUNTY, TEXAS M'( COMM S!ON EXPIRES C'; f `dig% FIELD NOTES OF 0.134 ACRES (5,852 SQUARE FEET) FIELD NOTES describing a 0.134 acre triangular-shaped tract or parcel of land, out of the J. M. Harrell Survey, Abstract No. 284, situated in the City of Round Rock, Williamson County, Texas, being a portion of that certain 2.10 acre tract of land conveyed to Crisanto Perez, Sr., et ux, by deed recorded in Volume 532, Page 596 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the presently used North right-of-way line of Sam Bass Road and the present West right-of-way line of Chis- holm Trail Road, being the Southeast corner of said 2.10 acre tract, for the Southeast corner and POINT OF BEGINNING of the hereinafter described 0.134 acre tract of land; THENCE along said North right-of-way line, being the South line of said 2.10 acre tract, for the South line hereof, S71°O0'W, 108.19 feet to a point for the Southwest corner hereof; THENCE departing said North right-of-way line, N25°47'30"E, 152.45 feet to a point in said West right-of-way line of Chisholm Trail Road, being the East line of said 2.10 acre tract, for the most Northerly corner hereof; THENCE along said West right-of-way line, being the East line of said 2.10 acre tract, for the East line hereof, S19°25'E, 108.19 feet to the POINT OF BEGINNING of the herein described tract of land, containing 0.134 acres or 5,852 square feet of land more or less. I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes were prepared from maps and records made by others and a partial on -the -ground survey made under my direction and supervision on the 20th day of January, 1981. A11 corners located are as shown. There are no encroachments, conflicts or protrusions appar- ent on the ground except as shown. HAYNIE & KALLMAN, INC. P.E. QF ,F ,iiiTimothy E.(Haynie, 4 TIMOTHY E. tI;YP,IE Registered Public Surveyor No. 2380 `;;.' 1_ z a -- s Date Exhibit "A", Page 1 s. 5KETCH TO AccOMPAWV F/ECD NOTES OF D. /34 ACRES (552 Sq. Fr) /1/1/1.47X ze/ .'. c. 1/1"; /,., r/, ' it 1/ . WC, �• :o ! 7 -•. r- i O 4/ .771 rL . :1;k4 - •t.. 5A55 0/34 AC. 0i 5852 5q. Fr �06c1ti� 57/000 Ro. /08. /9' EXHIBIT "A", Page 2 PO/MT QF 8 G/NN/MG Haynie & Kallman Inc. CONSULTING ENGINEERS 2115 North Mays Round Rock, Texas 78664 (512) 255-4584, 255-7881 1,9n. 20, /48/ STATE OF TEXAS COUNTY OF WILLIAMSON EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WE, Crisanto Perez, Sr. and wife, Linda Perez, of the County of Williamson, State of Texas, for and in consider- ation of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged and the further consideration of the abandonment by the City of a portion of Old Sam Bass Road, and the further benefits to be derived by remaining property as a result of projected public improvements, have GRANTED, SOLD, AND CONVEYED, and by these presents do GRANT, SELL, AND CONVEY, unto the City of Round Rock, Williamson County, Texas, an easement for the passage of vehicular and pedestri- an traffic, together with the customary uses attendant there- to, including drainage and utilities, over, under, through, across and along all that certain tract or parcel of land situated in the County of Williamson, State of Texas, and described as follows, to -wit: FIELD NOTES describing a strip of land, being ten (10) feet in width, out of the J.M. Harrell Survey, Abstract No. 284, situated in the City of Round Rock, Williamson County, Texas, being the East ten (10) feet of that certain 2.10 acre tract of land conveyed to Crisanto Perez, Sr., et ux, by deed recorded in Volume 532, Page 596 of the Deed Re- cords of Williamson County, Texas, and being more particularly described by metes and bounds as fol- lows: BEGINNING at the intersection of the presently used North right-of-way line of Sam Bass Road and the present West right-of-way line of Chisholm Trail Road, being the Southeast corner of said 2.10 acre tract, for the Southeast corner and POINT OF BEGIN- NING of the hereinafter described ten (10) foot wide strip of land; THENCE along said North right-of-way line, being the South line of said 2.10 acre tract, for the South line hereof, S71°00'W, 10.00 feet to a point for the Southwest corner hereof; THENCE departing said North right-of-way line, along a line ten (10) feet West of and adjacent and parallel to the hereinafter described East line, for the West line hereof, N19°25'W, 406.53 feet to a point in the North line of said 2.10 acre tract for the Northwest corner hereof; THENCE along the North line of said 2.10 acre tract, for the North line hereof, N68°17'E, 10.01 feet to a point in said West right-of-way line of Chisholm Trail Road, being the Northeast corner of said 2.10 acres, for the Northeast corner hereof; THENCE along said West right-of-way line, being the East line of said 2.10 acre tract, for the East line hereof, S19°25'E, 407.00 feet to the POINT OF BEGINNING of the herein described tract, containing 0.098 acres or 4,068 square feet of land more or less. The City is purchasing this property for the purpose of erecting thereon a public trafficway for the passage of vehicular and pedestrian traffic, and it reserves the right to make the improvements on such grade and according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the property herein conveyed shall be considered full compensa- tion for same, and for any diminution in value that may result to remaining property by virtue of project proximity thereto, grade alignment, utility installation, or the altera- tion of drainage patterns and facilities. TO HAVE AND TO HOLD THE SAME, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said City of Round Rock, its successors and assigns forever, and grantors are hereby bound, together with all heirs, executors, administrators, or successors, to warrant and forever defend, all and singular the said ease- ment unto the said City of Round Rock, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. EXECUTED this day of , 1981. CRISANTO PEREZ, SR. LINDA PEREZ THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day person- ally appeared Crisanto Perez, Sr. and wife, Linda Perez, 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. Given under my hand and seal of office on this the day of,,,2A , A.D. , 1981. Notary Public in and for Williamson County, Texas JANET L. SCHWARZ NOTARY PUBLIC WILLIAMSON COUNTY, TEXAS MY COMMISSION EXPIRES q