AN ORDINANCE
PROVIDING FOR THE ABANDONMENT AND SALE OF
UNOPENED PORTIONS OF STREETS LOCATED IN BUILDING BLOCK 108, WHICH ARE
MORE SPECIFICALLY KNOWN AS PORTIONS OF UNOPENED PINE AND CLAY STREETS
LOCATED IN BASTROP, TEXAS, AND PROVIDING FOR THE TERMS AND CONDITIONS
OF SUCH ABANDONMENT AND SALE, AND PROVIDING FOR A PUBLIC HEARING CONCERNING
SAME.
WHEREAS, the City of Bastrop has received an Application
for the Abandonment of the unopened portions of public streets located
in Bastrop, Texas Building Block #108, more commonly known as portions
of Pine and Clay Streets, which are recorded in Plat Cabinet 1, Page
23 A, of the Plat Records of Bastrop County, Bastrop, Texas, and
WHEREAS, upon considering
the Application and additional information pertaining to the Application,
the City Council now finds that the utilities existing in the area
of the unopened streets, alleys, and/or public right-of-ways will
be sufficiently protected by being either relocated or placed into
easements and that the utility companies serving the area including
and surrounding the right-of-way have determined that their utilities,
if existing, will also be sufficiently protected by the same means.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BASTROP TEXAS:
PART 1: That the
following described portions of a Streets, Alleys, and/or Public Right-of-Ways,
as described on Exhibit No. "I" and as illustrated in Exhibit
No. "2," which are attached hereto, and are made a part
of this ordinance for all purposes, be, and the same are hereby abandoned,
vacated and closed insofar as the right and title of the public is
concerned, save and except any easements shown on Exhibits Nos. "1"
or "2,"which shall remain with the City.
PART 2: That said
portions of a Streets, Alleys, and/or Public Right-of-Ways are not
needed for public roadway purposes and it is in the public interest
of the City of Bastrop to abandon said described portions of the Streets,
Alley, and/or a Public Right-of-Way for use as roads and roadways.
However, other public purposes do remain for these portions of the
Streets, Alleys, and /or Public Rights or Ways and, thus, such public
easements for those purposes are specifically reserved for the City's
future use.
PART 3: That the
abandonment provided for herein shall extend only to the public right
and title in and to the tracts of land described in PART 1 of this
Ordinance, and shall be construed only to that interest the governing
body of the City of Bastrop may legally and lawfully abandon, but
not in any public easement thereto.
READ and Acknowledged on
First Reading on the 12th day of November 2002.
A notice of the time and place, where and when this Ordinance would
be given a public hearing, read, acknowledged, and considered for
action by the Council, was published in the Bastrop Advertiser, a
daily newspaper of general circulation in the City of Bastrop said
publication being on the 2nd day of November, 2002, the same being
more than twenty-four (24) hours prior to the time designated for
said hearing. Following at least 14 days after such opportunity for
the public to be heard, said Ordinance was passed on second and final
reading.
READ and Adopted on Second
Reading on the 26th day of November 2002.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Miertschin, City Secretary
Approved as to Form:
Jo-Christy Brown
Brown & Carls LLP
City Attorney
EXHIBIT
#1
ROW for CIA/ and Pine St.
DALE L. OLSON
Registered Professional Land Surveyor
711 Water Street
Bastrop, TX 78602
Phone (512) 321-5476 * Fax (512) 303-5476
FIELD NOTES FOR A PORTION OF UNOPENED CLAY AND PINE STREETS, EAST
OF MAIN STREET IN THE CITY OF BASTROP, BASTROP COUNTY, TEXAS.
ALL THAT CERTAIN
tract or parcel of land out of and being a part of Clay and Pine Streets,
not open, in the City of Bastrop, Bastrop County, Texas, according
to the map or said city as recorded In Plat Cabinet 1, Page 23A, Bastrop
County Plat Records. Herein described tract or parcel of land being
more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8 Inch Iron rod set for the northwest corner
of Building Block No. 114, East of Main Street, the Intersection of
the east line of Clay Street with the south line of Pine Street.
THENCE with the south line of Pine Street, S 89 deg. 16 min.
00 sec. W, at 55.55 feet pass the west line of Clay Street and northeast
comer of Building Block No. 107, continuing with the north line of
Building Block No. 107, 284.35 feet to a 5/8 Inch iron rod set where
same intersects the east line of State Highway No. 95.
THENCE with the east line of State Highway No. 95, N 00 deg.
53 min. 21 sec. W, 55.55 feet to a 5/8 Inch iron rod set where same
intersects the north line of Pine Street and south line of Building
Block No. 108.
THENCE with the north line of Pine Street and south line of
Building Block No. 108, N 89 deg. 16 min. 00 sec. E, 228.89 feet to
a 5/8 Inch iron rod set where same intersects the west line of Clay
Street, the southeast corner of Building Block No. 108.
THENCE with the west line of Clay Street and east line of Building
Block No. 108, N 00 deg. 47 min. 26 sec. W, 311.56 feet to a 5/8 inch
iron rod set where same intersects the south line of State Highway
No. 21 and Loop 150.
THENCE with the south line of State Highway No. 21 and Loop
150, N 89 deg. 17 min. 15 sec. E, 55.55 feet to a 5/8 Inch Iron rod
set where same Intersects the east line of Clay Street and west line
of Building Block No. 113.
THENCE with the east line of Clay Street and west line of Building
Block No. 113, S 00 deg. 47 min. 26 sec. E, at 311.54 feet pass the
southwest corner of Building Block No. 113, a 5/8 inch iron rod set
in the north line of Pine Street, in all, 367.09 feet to the POINT
OF BEGINNING.
OR Michael D. Olson
Reg. Pro. Land Surveyor 5386
Order # 172901-s
Date Created: 01/04/02
