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R-2017-4627 - 7/27/2017 RESOLUTION NO. R-2017-4627 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY AND AUTHORIZING THE CITY'S ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY INTERESTS WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City of Round Rock, Texas ("City"), the State of Texas, acting by and through the Texas Transportation Commission and Texas Department of Transportation ("TxDoT"), and the public-at-large to construct certain roadway improvements to RM 620, and to perform associated public uses and purposes ("Project'); and WHEREAS, in accordance with the above, the City Council hereby finds that public necessity requires the acquisition of fee simple title to approximately 0.086 acre (Parcel 25) of land, and access rights to and from a portion of the remaining property after the acquisition, located in Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A" attached hereto, such property being owned by THE WALTON COTTON REVOCABLE TRUST, DATED JANUARY 21, 2011, STARTEX FIRST EQUIPMENT, LTD., and STACY OLIVER (the "Property"), for the public use of construction, reconstruction, widening, maintaining, and operating of the RM 620 roadway improvements and related facilities and utility adjustments and relocation ("Project'), excluding all the oil, gas, and sulphur which can be removed from beneath said real property, without any right whatever remaining to the owner of such oil, gas, and sulphur of ingress to or egress from the surface of said real property for the purpose of exploring, developing, or mining of the same, as a part of the improvements to the Project, at such locations as are necessary and that such constructing, reconstructing, maintaining, and operating shall extend across and upon, and will cross, run through, and be upon the herein described real Property; WHEREAS, it is necessary to establish procedures for determining and approving just compensation, and completing acquisition of the Property for this Project. 0112.1704;00382134 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to coordinate with TxDoT to construct and maintain roadway improvements in the City and to acquire property interests to assist with such purposes in and to the above described lands, free and clear of any liens and encumbrances, in order to allow the City, TxDoT, and/or its assigns to complete said Project. Section 2. The City Attorney, or his designated agent, has on behalf of the City to attempted to negotiate, settle and agree on compensation to be paid to the owners of any interest in the Property, and has made official, written, bona fide offers to the owners for the market value of said Property or property interest. If it is determined that an agreement as to the value of said Property, damages and/or compensation to be paid cannot be reached, then the City Attorney or his designated agent is hereby authorized to file or cause to be filed, against the owners and holders of other related interest in the Property, proceedings using the City's power of eminent domain to acquire the stated interest in and to the above described lands, in order to allow the City, TxDoT and/or their assigns to complete said Project, and to perforin and undertake all other proceedings necessary to complete the acquisition of the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property interests required to complete the construction and maintenance of the Project and associated public purposes. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. 2 Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of July, 2017. A / CRAIG CORGA ayor City of Round Ro , Texas ATTEST: V&- Ap��- SARA L. WHITE, City Clerk 3 EXHIBIT Reissued 01127/17 Page 1 of 4 County: Williamson Highway: R. M. 620 Limits: Deepwood Dr.to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 25 DESCRIPTION OF A 0.086 ACRE(3,730 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY,ABSTRACT NO. 284, IN W€LLIAMSON COUNTY,TEXAS, BEING A PORTION OF THAT CALLED 0.525 ACRE TRACT OF LAND CONVEYED TO THE WALTON COTTON REVOCABLE TRUST BY INSTRUMENT RECORDED IN DOCUMENT NO. 2011005529 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.086 ACRE (3,730 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a %" iron rod set stamped"Inland 4933", 281.71 feet left of proposed Ranch to Market (R.M.) 620 baseline station 504+30.56, in the easterly boundary line of Lot 1 of the Comfort Suites Subdivision recorded In Cabinet P, Slides 174-175, of the Plat Records of Williamson County, Texas and conveyed to Sovereign Hospitality Group of Round Rock, Inc by instrument recorded in Document No. 2002056223 of the Official Public Records of Williamson County,Texas, same being an angle point In the westerly right-of-way(ROW) line of the south bound frontage road of I.H. 35, being the northwesterly comer of said 0.525 acre tract; THENCE, with the common boundary fine of said Lot 1 and said 0.525 acre tract, S 11°09'53"W for a distance of 217.58 feet to a W iron rod with TxDOT aluminum cap set, 67.68 feet left of proposed R.M. 620 baseline station 604+£9.69, In the curving proposed northerly ROW line of R.M. 620, (ROW width varies), for the most northwesterly corner and POINT OF BEGINNING of the herein described parcel; THENCE, departing said easterly boundary line of Lot 1, through the Interior of said 0.525 acre tract, with said proposed northerly RAIN line, the following two(2)courses: 1) Along a curve to the left, having a delta angle of 0501716511,a radius of 483.00 feet,an arc length of 44.67 feet, and a chord which bears S 56°04154"E for a distance of 44.65 feet to a W iron rod with TxDOT aluminum cap set (to be replaced with a TxDOT Type lI monument), 58.00 feet left of proposed R.M.620 baseline station 505+13.86,for a point of curvature to the left; 2) Along said curve to the left, having a delta angle of 01°41195", a radius of 2,152.00 fest, an arc length of 63.38 feet, and a chord which bears S 69"521211" E for a distance of 63.38 feet to a Y" iron rod with TxDOT aluminum cap set(to be replaced with a TxDOT Type II monument), 58.00 feet left of proposed R.M. 620 baseline station 505+78.95, being the westerly ROW line of said IH 35, same being the easterly boundary line of said 0.525 acre tract, for the most northeasterly corner of the herein described parcel, and from which a 60D nail found, being an angle point in said existing westerly IH 35 ROW line, same being the most northeasterly corner of said 0.525 acre tract bears N 00"16'00"E at a distance of 253.80 feet; Reissued 01/27117 Parcel 25 Page 2 of 4 3) THENCE, departing said proposed northerly ROW line, with the common boundary line of said IH 35 ROW and 0.525 acre tract, S 00111610011 W for a distance of 31.88 feet to a calculated point being the Intersecting point of the existing curving northerly ROW line of R.M. 620,(80'ROW width) and said I.H. 35 ROW, same being the most southeasterly corner of said 0.525 acre tract, for the most southeasterly corner of the herein described parcel, and from which a TxDOT Type 11 monument found bears S 00'0 16*00"W at a distance of 4.08 feet; THENCE, departing said IH 35 ROW line, with said existing northerly ROW line, same being the southerly boundary line of said 0.526 acre tract,the following two(2)courses: 4) Along a curve to the right, having a delta angle of 031110100", a radius of 1,869.86 feet, an are length of 103.34 feet, and a chord which bears N 7200810911 W for a distance of 103.33 feet to a calculated point of tangency; 5) N 7003212411 W for a distance of 7.26 feet to a calculated point, being the most southeasterly corner of said Lot 1, same being the most southwesterly corner of said 0.625 acre tract, for the most southwesterly corner of the herein described parcel, 6) THENCE, departing said existing northerly ROW line,with the common boundary line of said, Lot 1, and said 0.525 acre tract, N 11'30915311 E at a distance of 0.45 feet pass a !/2" Iron rod found and continuing for a total distance of 45.35 feet to the POINT OF BEGINNING,containing 0.086 acres (3,730 square feet)or land, more or less. Control of Access Clause: Access will be prohibited across the'Access Denied Line'from the remainder property abutting R.M. 620, extending from a point at the beginning of call 1 to the end of call 2. This property description Is accompanied by a separate parcel plat All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203,NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. KI WITNESS My HA U ;D AND SEAL at Round Rock,Williamson County, Texas. 161 M. Stephen -rues ale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor00 t S r A Inland Goodetics, LLC Firm Registration No: 100591-00 4 STEPHtN V* U8, 1504 Chisholm Trail Road, Suite 103 �9-*so.V A, r X 4 Round Rock,TX 78681 S a Q, EXHIBIT "wowswnwAxxm " PLAT TO ,ACCOMPANY PARCEL DESCRIPTION RO I SSuedt 01/27/17 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING PACE 3 01: 4 C 1 05' 17'55* 463.00' 44.67' 44.65' S56'U4'54'E C2 O1'41' 15' 2152.00' 63. 38' 6,3.36' S69`52'21"E C3 03' 10'00x 1869.86' 103.34' 103.33' N72'08'09"W (C3) (03' 16' ) (1669.91) (106. 68 ) (N70"49'30"BVI) C4 02' 13'41" 483.00' 18. 78' 18.78' N52' 19'05 x W t+f- 27' AC.) ,�,`--�' I,cA�� L3ROKEN C 25 50 SE �r t ,3 rq I� ,SfJV1=R61 GN HOSPITALITY tet ' GROUP OF �. ,,3"' 1" 50' ROUND ROCK I NG,_ , Iva, 20OM5,6223 LOT I DOC. NO SURVEY' COMFORT SUI TCS 0.P.R.W.C.T. � P.0. x t�•!�. 284 SUBDIVISION PARCEL 25 AB ACT t�1U. CAB. P. SI... 174-175 .�--"' t STA. 504-30.56 P.R.If.C.T. "" `�s 281.71' LT C) J ad AA•6? �`� LOT I R0 EXISTIN6 P.0.R. PARCEL 25 rs SOO' 16'00°W STA. 504.30.5 � Ln 281.71' LTM 1 } w S a 4.08' elk LOT I � �'. �I 3A"� �; `� .�• DETAILB x x Zro Slot r i N � � N.T.S. o j lb -? � I i -.t � + THE WALTON COTTON DETAIL 'A' LOT ! } REVOCABLE TRUST Ns T.S. �0.674 AC. `1 - DOC. tt3.52S AC. '� i 1i NO._2a 11005529 +3' R S�Ty WENDY'S 'S BD 1 V I S I ON 0.P.R.W.C. >0. CAB. K L. 123 P.R.� C.T. '� P.0. B. ilE PARCEL 2 E1 C STA, 504# 9.6 P OPOS D .1.{, 6 BASELINE �•r �...y ; 67.68' LT PI TAT1C -5b5+Es#.32 " +�"• f. + STA. 505+#3.86 DEL. A " 08+ 44' 041 #LT) � . � E 58,00' LT DE EE OF CURVE x OZ• 35' 33• ._ I; �. STA, 505,E IS,95 A ENT - 168.78C1 58.001 LT i -� LENtTH 336.90 C2!'isif. i p €�: d RAO. S 2210,00 ' i: i. . _ , PC KSTATI ON - 504+92.55r- PT YATI4N; �? t. 508+29.45 .a c #, P T. ,• t� ± A.086 Ax3'129982849 x3E30:4 22911 X•3130305.685#8.. ' 5 1 �9+. 1` ✓'' ,7 3 730 S0. f^T. , �10160295.0466 -10166233 I z rx.10#Sv res;-rl:z#...__.� f,� ti 1z, 4 cc, SEE DETAIL .C' PROPOSED R.M. 620 BASELINE �_ -- NII'09'53'E 568.28'35'E 883.35' � ahiF 0; 1`wAl; X 505.00 THE STATE Or Trus �t 0.45- 503#00 SO4<00 Ef1 • f{7,3#1 AC.) W.i+t RC.1 � V4', 318. '-G. 1211 0VOL. 33ET, PG. E2; NUMBER fIRECTtt?N DISTANCEt.El.rr.c. . Y L}.Et.�r.1.1. (L2) xEST#N0 L 1 SO011 16'00"S'1 31.68' R.M. 624in XCOT 11011 MAP L2 too, fE.O.w. WICT}41 Ji 1fGi33 E `G L2 N70'32'24"W 7.26' fn R.Mx 620 (L2) (N63' 131w) EXIST 1 N6 R.E13.'N `�--�~``� L3 NI I"t?9'S3'E 45.35' � DETAiL "C" N.T.S. I PARCEL PLAT SHOW NG PROPERTY OF R _ Ll� NQLa G EO D ETI CS THE WA L 't N COTTON , '7bxdo®operfmant of ftnap Meflon RE' # CABL TRUST PROfESS10NAL LAND SUlkmo 4S -........- I SO4 CIi1SHOL.M TWL RD.STE,103 , ROUND ROCX,7X.fiusI SCALE CSJ tl PROJECT I COUNTY PARCEL 25 PHI(S12)231-1104.1'AX(SIa)T 12P 50' 0683-01-092 RM 620 W I L L I AMSON EXHIBITAT !, �` 1Jc�l ssuadi 01/27/17 PAGE 4 Of 4 LEGEND a TXDOT TYPE I CONCRETE MONUMENT FOUND E PROPERTY LINE ® f2" IRON ROD SET W1 TXDOT ALUMINUM CAP RECORD INFORMATION TO BE REPLACED BY TYPE 11 MONUMENT LINE BREAK 91 TXDOT TYPE 11 CONCRETE MONUMENT FOUND N LAND NOOK p IRON ROD FOUND UNLESS NOTED -Ill— ACCESS DENIED LINE 0 IRON ROD FOUND W/PLASTIC CAP P.0.B. POINT OF BEGINNING P.0.R. POINT OF REFERENCE a COTTON GIN SPINDLE FOUND N.T.S. NOT TO SCALE X X CUT FOUND D.R.I'1.C.T. DEED RECORDS A 60/0 NAIL FOUND WILLIAMSON COUNTY, TEXAS 0.R.W.C.T. OFFICIAL RECORDS © CALCULATED POINT WILLIAMSON COUNTY, TEXAS O Y2' IRON ROD W/ ALUMINUM CAP O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) P.R.t'�.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS C CENTER LINE 1) All bearings shown hereon are leased on grid bearing. All distances are surface distances. Coordinates are surface values hosed on the Texas State Plane Coordinate System, NAI? 83, Central Zone using ca combined surface adjustment factor- of 1.000i1. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 91391-14-1035, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE MATE JANUARAY 22, 2014, ISSUE DATE JANUARY 31, 2014. 10. NOTHING TO ADDRESS IN SCHEDULE B. ;OF I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANIS BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A M.,STEPHEN TRIJESJ ALE SURVEY MADE ON TIME GROUND UNDER MY DIRECTION AND •wrwr�.e#•,....:,.a.,.e„+ogee SUPERV 1 S ION: Y' � -im " m,°5p 1 $ to 8`� „ t;3e�a�e,�� dry, M. STEPHEN TRUESDALE DAT€# REGISTERED PROFESSIONAL. LANG SURVEYOR NO. 4933 par LICENSED STATE LAND SURVEYOR INLAND GEODE T 1 CS, LLC ACOU I S I T I ON 0.0386 3,730 FIRM REGISTRATION N0. 100591-00 CALC/DEED AREA , 0.55 22,869 1504 CHISHOLM TRAIL ROAD. SUITE 103 ROUND ROCK, TX 76681 REMAINDER AREA 0,4391 19, 139 �. _....... PARCEL PLAT SHOWING PROPERTY OF r I N L A N Q u THE WALTON COTTON G EO D ET I CS i7bxas Deportment of Rvosportntlon PRC7fiFs51oNALlAt+ti35UNVEYi3llS REVOCABLE TRUST __,......_ .._._.... _._ I SO4 00il HOUt TRAIL RD.STE.103 � �W _.. ........................ -� ROUND RCI+~K,TX,76681 SCALE CSS PROJECT COUNTY PARCELS ,D1al je-ItW,iAlCI512)?drl sl I" g 50, 0683-01-092 RM 620 WILL I=N