O-78-534 - 4/13/1978ORDINANCE NO. S3
AN ORDINANCE VACATING THE TEN (10) FOOT UTILITY
EASEMENT LOCATED ACROSS AND THROUGH LOT 4 OF SOUTH
MAYS COMMERCIAL PARK SUBDIVISION OF ROUND ROCK,
TEXAS; DISPENSING WITH THE REQUIREMENT FOR READING
OF THIS ORDINANCE ON TWO SEPARATE DAYS; AND CON-
TAINING CERTAIN OTHER PROVISIONS.
WHEREAS, N. G. WHITLOW and VIRGIL RABB, as the owners of
said Lot 4, South Mays Commercial Park Subdivision, have petitioned
the CITY COUNCIL OF ROUND ROCK, TEXAS, requesting the City to vacate
a ten (10) foot utility easement over said Lot; and
WHEREAS, that said utility easement was established for
future growth in the area and has never been used for any purpose;
and
WHEREAS, an alternate route has been dedicated to the City
with the filing of the South Mays Commercial Park Re -Subdivision and
the dedication of an easement across an unsubdivided parcel of land
owned by N. G. WHITLOW and VIRGIL RABB; and
WHEREAS, the developers of South Mays Commercial Park as
Re -subdivided have agreed to construct a sewer line in said alternate
route at no expense to the CITY OF ROUND ROCK, TEXAS; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
Section 1. That the City Council hereby vacates and aban-
dons that certain utility easement across and through South Mays Com-
mercial Park Subdivision, a subdivision in the CITY OF ROUND ROCK,
TEXAS, as originally recorded in Cabinet C, Slide 400, Plat Records
of Williamson County, Texas; said easements being more particularly
described by metes and bounds as follows:
BEING a 10 -foot wide permanent easement and a 20 -foot
wide construction easement on a tract of land out of
and a part of the Wiley Harris Survey, Abstract No. 298,
in Williamson County, Texas, and being a part of a 122.82
acre tract conveyed from E. Rothlisberger to R. L. Eggers
by deed dated January 1, 1931 and recorded in Volume 259,
Page 259, of the Deed Records of Williamson County, Texas.
Said easements being more fully described as follows, to -wit:.
BEGINNING on the South line, at a point North 78° 55' West,
5 feet from the Southeast corner of said tract for the
common centerline of said 10 -foot wide permanent utility
easement and said 20 -foot wide construction easement;
THE STATE OF TEXAS *
*
COUNTY OF WILLIAMSON
*
CITY OF ROUND ROCK *
PETITION TO THE CITY COUNCIL OF ROUND ROCK, TEXAS
REQUESTING THE CITY TO VACATE
A CERTAIN UTILITY EASEMENT TO PETITIONERS
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
NOW COMES, N. G. WHITLOW and VIRGIL RABB of Round Rock,
Williamson County, Texas, by and through their Attorney of Record,
RICHARD MAY, and respectfully petition the CITY OF ROUND ROCK, TEXAS,
and says:
I.
That Petitioners, N. G. WHITLOW and VIRGIL RABB, are the
owners of Lot 4 in South Mays Commercial Park in the CITY OF ROUND
ROCK, TEXAS.
II.
That the filed subdivision plat of South Mays Commercial
Park shows a ten (10) foot wide utility easement running across and
through said Lot 4 and said easement is more particularly described
by metes and bounds in Exhibit "A" which is attached hereto and made
a part hereof for all purposes.
III.
That said utility easement was established for future growth
in the area and has never been used for any purpose, and further an
alternate route has been dedicated to the City with the filing of South
Mays Commercial Park Re -subdivision and the dedication of an easement
across an unsubdivided parcel of land owned by said N. G. WHITLOW and
VIRGIL RABB. Said alternate route is more fully described by metes
and bounds in Exhibit "B" which is attached hereto and made a part
hereof.
IV.
That the owners and developers of South Mays Commercial Park
as Re -subdivided will construct a sewer line in the alternate easement
described in Exhibit "B" at no expense to the CITY OF ROUND ROCK, TEXAS.
NOW, THEREFORE, premises considered, the Petitioners respect-
fully request that the CITY OF ROUND ROCK, TEXAS, pass an Ordinance
vacating said utility easement as described in Exhibit "A".
RICHARD_
ATTORNEY FOR N. WHITLOW and
VIRGIL RABB
905 North Interregional
Round Rock, Texas 78664
255-5859 (512)
i
EGGER'S
8
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U S HIGHWAY 81
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R.L. EGGERS
,7 2E9 259
z, •
PART OF 1 22.82 ACRES
ZASEHENT
STREET
FIELD NOTES FOR A UTILITY EASEMENT FROM
MR. R. L. EGGERS TO THE CITY OF ROUND ROCK, TEXAS
BEING a 10 foot wide permanent easement and a 20 foot wide construction
easement on a tract of land out. of and a part of the Wiley Harris Survey,
Abstract No. 298, in Williamson County, Texas, and being a part of a T22.82
acre tract conveyed from E. Rothlisberger to R. L. Eggers by deed dated
January 1, 1931 and recorded in Volume 259, Page 259, of the Deed Records
of Williamson County, Texas. Said easements being more fully described as
follows, to wit:
BEGINNING on the South line, at a point North 78 degrees 55 minutes West,
5 feet from the Southeast corner of said tract for the common centerline of
said 10 foot wide permanent utility easement and said 20 foot wide construction
easement;
THENCE along said centerline North 40 degrees 20 minutes West, 374.02
feet to an intersection with the East R.O.W. line of U. S. Highway Business
81, said point of intersection being North 2 degrees 50 minutes East, 235.S'9
feet from the Southwest corner of said tract.
Trx, STATE OF TEXAS I.
County of Williamson 1, Dick Cervenka, Clerk of the County Court of sold County, do hsroby certify
that the foregoing instrument in writing, with its certificate of Iii u the n t I c ti o ri, w Ike( for record in my ofAce
on the 1 / day 0 nilai`---, A. D. 12702,-, at wo.12: g -ii) o'clock. .M., end duly recorded thia
the se.0 of P(.CAA A. D. 10791.1, at • i 0 o'clock PLI, in the
(4/....)1.0.41, f
Itenzorda of said County, in Vol. 417,,tx',,Aoile pp
#
WITNESS MY RAND and seal of the County Court of said County, at office in Georgetown, Texast,
the date last above written.
By
DICK CERVIZIKA,
Deputy County Court, Williamson County, Texas.
EXHIBIT 'B"
Page 1 of 2
FIELD NOTES FOR A UTILITY EASEMENT FROM N. G. WHITLOW AND V.S. RABB TO THE
CITY OF ROUND ROCK, TEXAS:
BEING a ten (10) foot wide Permanent Utility Easement and a twenty (20) foot wide
Construction Easement on a tract of land out of the Wiley Harris Survey, Abstract
298, situated in Williamson County, Texas, and being a part of Lot 4 (Partial
Vacation) of South Mays Commercial Park, unrecorded, and being more fully described
by metes and bounds as follows:
BEGINNING for reference on the East line of said Lot 4 (Partial Vacation), unrecorded,
also being the West line of the Resubdivision of Lot 4, South Mays Commercial Park,
unrecorded, at a point N.02°04'E., 276.25 feet from the Southeast corner of said
Lot 4 (Partial Vacation), also being the Southwest Corner of said Resubdivision of
Lot 4, for the common centerline of said ten (10) foot wide Permanent Utility
Easement and said twenty (20) foot wide Construction Easement;
THENCE along said centerline N.87°56'W., 119.23 feet to an intersection with the East
line of a thirty (30) foot wide drainage tract taken by the State of Texas in a
Condemnation Proceeding recorded in Volume 6, Page 295 of the Civil Minutes, County
Court, Williamson County, Texas,also being the West line of said Lot 4 (Partial
Vacation), said point of intersection being S.27°27'E., 10.24 feet from the inter-
section of said drainage tract and the East R.O.W. line of U.S. Highway No. 81.
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THE STATE OF TEXAS Z
Z
COUNTY OF WILLIAMSON x
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
(I)
That (we), N. G. Whitlow and V. S. Rabb
of Williamson County, State of Texas hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of
One Dollar ($1.00) cash to Grantors in hand paid by the City of Round
Rock, the receipt of which is hereby acknowledged, and the further
consideration of the benefits to be derived by Grantors from the sani-
tary sewer or water lines through the premises hereinafter described,
have this day Granted and Conveyed, and by these presents do Grant and
Convey, unto the City of Round Rock, a municipality situated in William-
son County, Texas, an easement to construct and perpetually maintain
sanitary sewer or water lines in, upon and across the following describ-
ed land, to -wit:
All that certain tract, piece or parcel of land, lying and
being situated in the County of Williamson, State of Texas
described in EXHIBIT "A" attached hereto and made a part
hereof for all purposes, to which reference is here made
for a more particular description of said property;
TO HAVE AND TO HOLD the same perpetually to the City of Round Rock,
and its successors and assigns, together with the right and privilege
at any and all times to enter said premises, or any part thereof, for
the purpose of constructing and maintaining said sewer or water lines,
and for making connections therewith; all upon the condition that the
City of Round Rock will at all times after doing work in connection
with the construction or repair of said sewer or water lines restore
the surface of said premises to the condition in which the same was
found before such work was undertaken.
EXECUTE0 IN Williams • Co ty, Texas, in duplicate on this
the /3COL day of A.D.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME /WA- `' k S o Aj , on this day personally appeared
T4.o w , known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to
me that he/she executed the same for the purpose and consideration
therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3 4K,
day of
A.D., /177 •
A NOTARY PUB r C in and for
Williamson C unty, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON (31-5()A)
BEFORE ME
L. , on this day personally appeared
1] , . % Atb , 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 consideratio
therein exp essed GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3
day of A.D. , j 9 7 f .
A NO r: LIC in and for
Williamson County, Texas
EXHIBIT "A"
Page 1 of 2
FIELD NOTES FOR A UTILITY EASEMENT FROM N. G. WHITLOW AND V.S. RABB TO THE
CITY OF ROUND ROCK, TEXAS:
BEING a ten (10) foot wide Permanent Utility Easement and a twenty (20) foot wide
Construction Easement on a tract of land out of the Wiley Harris Survey, Abstract
298, situated in Williamson County, Texas, and being a part of Lot 4 (Partial
Vacation) of South Mays Commercial Park, unrecorded, and being more fully described
by metes and bounds as follows:
BEGINNING for reference on the East line of said Lot 4 (Partial Vacation), unrecorded,
also being the West line of the Resubdivision of Lot 4, South Mays Commercial Park,
unrecorded, at a point N.02°04'E., 276.25 feet from the Southeast corner of said
Lot 4 (Partial Vacation), also being the Southwest Corner of said Resubdivision of
Lot 4, for the common centerline of said ten (10) foot wide Permanent Utility
Easement and said twenty (20) foot wide Construction Easement;
THENCE along said centerline N.87°56'W., 119.23 feet to an intersection with the East
line of a thirty (30) foot wide drainage tract taken by the State of Texas in a
Condemnation Proceeding recorded in Volume 6, Page 295 of the Civil Minutes, County
Court, Williamson County, Texas,also being the West line of said Lot 4 (Partial
Vacation), said point of intersection being S.27°27'E., 10.24 feet from the inter-
section of said drainage tract and the East R.O.W. line of U.S. Highway No. 81.
•
EXE!/E/T
Page 2 of 2
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