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O-78-551 - 8/10/1978ORDINANCE NO. .55/ An Ordinance conveying a 15.17 foot strip of land located along the street right of way east of 110 South Harris Street, to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate, providing that the Honorable Mayor of the City of Round Rock, RAY LITTON, execute a Quitclaim Deed of said property in the name of the City of Round Rock conveying said strip of property to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate. WHEREAS, BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate, has petitioned the City Council of Round Rock, Texas requesting the City to convey to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate a 15.17 foot strip of land along the street right of way of 110 South Harris Street; and WHEREAS, the dwelling on the subject property extends over the property line into the City roadway; and WHEREAS the said encroachment is not interfering with the free and un- interrupted use of the said roadway by the City of Round Rock or the public; and, WHEREAS, this building has encroached upon the said roadway for at least the last twenty-five (25) years; and, WHEREAS, BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate wishes to convey the property on South Harris Street to a purchaser and due to said en- croachment she is unable to convey the subject tract; and, WHEREAS, the City Council deems it advisable to convey the said 15.17 foot strip to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate; NOW THEREFORE, BE IT ORDAINED BY the City Council of the City of Round Rock, Texas, that the following described property be conveyed to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate, to -wit: SEE DESCRIPTION IN ATTACHMENT "A" It is FURTHER RESOLVED that the Honorable Mayor of the City of Round Rock, RAY LITTON is hereby instructed to execute a Quitclaim Deed in the name of the City of Round Rock to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate. All ordinances, resolutions, or orders heretofore enacted, passed and adopted by the governing body of the City of Round Rock, Texas, or parts thereof in conflict herewith, are hereby repealed to the extent of such conflict. (Marck through the following alternative that is not applicable.) 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 Qday of-1__� , 1978. Alternative 2. READ and t reading this day of , 1978. READ, APPROVED and ADOPTED---en—tthe second reading t is , 1978. ATTEST: NNE LAND, City Secretary AY/CITTON, Mayor City of Round Rock, Texas ATTACHMENT'"A" FIELD NOTES FOR BRADLEY ESTATE: BEING a 0.042 -acre tract of land situated in Harris Street and Bagdad Avenue, Original Townsite of Round Rock, Williamson County, Texas. This survey was performed on the ground in the month of June, 1978, using the information available from the original plat as recorded in Book 25, Page 314, Deed Records of Williamson County, Texas, and other recent surveys in the immediate area by R. T. Magness, Jr., Registered Professional Engineer, and being more particularly described as follows: BEGINNING at the intersection of the West line of Harris Street and the North line of Bagdad Avenue, for an inner corner hereof; said corner also being the S.E. corner of Lot 1, Block 5, Original Townsite and being S 17° 25' E, 320.00 feet and S 72° 35' W, 1090.00 feet for the centerline intersection of Mays Street (Old U.S. 81) and Main Street (Old Georgetown Avenue); THENCE N 17° 25' W, 71.24 feet, with the said West line of Harris Street to a point in an existing fence line for a corner hereof; THENCE N 72° 44' E, 15.17 feet, with said fence line to an iron pin set, for a corner hereof; THENCE S 17° 59' E, 87.69 feet to an iron pin set for a corner hereof; THENCE S 73° 30' W, 36.48 feet to a point in the West end of Bagdad Avenue as dedicated; THENCE N 61° 15' W, 22.04 feet to the S.W. corner of said Lot 1, Block 5 for a corner hereof; THENCE N 72° 35' E, 35.7 feet, with the said North line of Bagdad Avenue to the place of BEGINNING and containing 0.042 acre of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON X I, R. T. Magness, Jr., Registered Professional Engineer, do hereby certify that the above-described tract was surveyed on the ground under my personal supervision during the month of June, 1978, and that said description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 15th day of June, 1978, A.D. ooaa<ce�� R. T. Magness, Jr. �CP qSigi Registered 'ro essiona/ ng neer, No. 16438 *.• ••* Bj State o Texas • s R. T. MAGNESS, JR. � j•. 16438 ;47[0 17 ' FS. • /STEL• G� = js Job No. 3940 STEGER & Si_ZELL, 1NC. CONSULTING ENGINEERS P. O. BOX E58 • GEORGETOWN, TEXAS; 7862A STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK PETITION TO THE CITY COUNCIL OF ROUND ROCK, TEXAS REQUESTING THE CITY TO DEED CERTAIN PROPERTY TO BARBARA BELV, EXECUTOR OF THE HENRY ALLEN BRADLEY ESTATE TO THE HONORABLE MAYOR AND CITY COUNCIL OF ROUND ROCK, TEXAS: NOW COMES, BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate and respectfully petitions the City of Round Rock and says: I. That on or about the year 1948, HENRY ALLEN BRADLEY, Deceased, pur- chased the property located at 110 South Harris, Round Rock, Texas. At the pres- ent time, the building located on said property has been in existence on said property for at least twenty-five (25) years. II. That at the time this building was constructed, the building was placed on the property in such a manner that the building was built within the defined roadway located along the subject tract. That said building is and always has been located on the City roadway and such encroachment has never and does not now interfere with the free and un- interrupted use of said roadway by the City of Round Rock or the public. IV. That the said HENRY ALLEN BRADLEY, Deceased, purchased this subject tract without knowledge of an encroachment, and the Executor of the HENRY ALLEN BRADLEY Estate has had a survey made as a condition precedent to a sale of said property and has discovered the encroachment as a result of said survey and such encroachment is placing a cloud on the title to the property thus preventing the Executor from conveying the subject tract. NOW, THEREFORE, premises considered, the petitioner respectfully requests that the City Council of Round Rock, Texas pass an ordinance instruct- ing the Mayor of Round Rock, Texas, RAY LITTON, to execute a Quitclaim Deed con- veying to BARBARA BELV, Executor of the HENRY ALLEN BRADLEY Estate the strip of land described in Exhibit "A" attached hereto. Respectfully submitted, CARLOS W. HIGGINS cAr Y FOR PETITIONER ATTACHMENT,"A" FIELD NOTES FOR BRADLEY ESTATE: BEING a 0.042 -acre tract of land situated in Harris Street and Bagdad Avenue, Original Townsite of Round Rock, Williamson County, Texas. This survey was performed on the ground in the month of June, 1978, using the information available from the original plat as recorded in Book 25, Page 314, Deed Records of Williamson County, Texas, and other recent surveys in the immediate area by R. T. Magness, Jr., Registered Professional Engineer, and being more particularly described as follows: BEGINNING at the intersection of the West line of Harris Street and the North line of Bagdad Avenue, for an inner corner hereof; said corner also being the S.E. corner of Lot 1, Block 5, Original Townsite and being S 17° 25' E, 320.00 feet and S 72° 35' W, 1090.00 feet for the centerline intersection of Mays Street (Old U.S. 81) and Main Street (Old Georgetown Avenue); THENCE N 17° 25' W, 71.24 to a point in an existing THENCE N 72° 44' E, 15.17 for a corner hereof; feet, with the said West line of Harris Street fence line for a corner hereof; feet, with said fence line to an iron pin set, THENCE S 17° 59' E, 87.69 feet to an iron pin set for a corner hereof; THENCE S 73° 30' W, 36.48 feet to a point in the West end of Bagdad Avenue as dedicated; THENCE N 61° 15' W, 22.04 feet to the S.W. corner of said Lot 1, Block 5 for a corner hereof; THENCE N 72° 35' E, 35.7 feet, with the said North line of Bagdad Avenue to the place of BEGINNING and containing 0.042 acre of land. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON X I, R. T. Magness, Jr., Registered Professional Engineer, do hereby certify that the above-described tract was surveyed on the ground under my personal supervision during the month of June, 1978, and that said description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 15th day of June, 1978, A.D. OF Trt��i sem. � t/ e R. T. MAGNESS, JR. l 'O /�°•,p�,16438 p.,:.44:'7`.5. � 1►; �IdAL (1. js Job No. 3940 Registered •ro essiona State o R. T. Magness, Jr. ng neer, No. 16438 Texas S T EGER & B ZZELL, INC. C CONSULTING ENGINEERS P. O. SOX 858 • GEORGETOWN, TEXAS 7$626 ROUND ROCK REALTY BOX 37 ROUND ROCK, TX 78664 City of Round Rock 214 East Main Street Round Rock, TX 78664 Gentlemen: RE: 110 South Harris St. Lot 1, Blk. 5 Round Rock Original Plat I have made an inspection of the above captioned property for the purpose of forming an opinion as to a fair market value of the 15 feet on the west side of Harris Street claimed by the City of Round Rock. The property in question is legally described as Lot 1, Blk. 5, Round Rock Original Plat, and locally known as 110 South Harris Street, but the decision of the City Council would also effect all property owners in the 100 Block of South Harris Street. The street is occupied by houses that have been peacefully sit= ting on that 15 -foot strip claimed by the City for some 55 to 75 years or more. The paving in front of this property is 20 feet wide, and the City water meters and the gas meters are three (3) feet from the edge of the pavement. It seems to me that the cost would be excessive and completely un- realistic for the City to ever consider moving these utility lines and meters and subsequently paving and maintaining an 80 foot street in this area for one block that was built and maintained as a 60 foot street. It is my opinion that a fair price for this 15 feet of land in front of this property and all other lots on the west side of Harris Street would be $10.00, plus all transfer fees, filing fees, and tax for each lot involved. Sincerely yours, ROUND ROCK REALTY