R-2017-4629 - 7/27/2017RESOLUTION NO. R-2017-4629
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"), and the public -at -large to
construct certain roadway improvements to University Boulevard in order to increase mobility in
certain portions of the City, 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 0.016 acre (Parcel 16) of land, located in
Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A"
attached hereto, such property being owned by WALTRUST PROPERTIES, INC., a Delaware
corporation (the "Property"), for the public use of construction, reconstruction, widening,
maintaining, and operating of the University Boulevard 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;00382143
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 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 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 voluntary purchase 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 voluntarily 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 to complete said
Project, and to perform 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.
7
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.
ATTEST:
SARA L. WHITE, City Clerk
3
CRAIG 1V�RGAN, �or
City of Round Roc as
EXHIBIT
15 Foot Wide Right -Of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.016 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.016 ACRE (717 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.01.6 ACRE TRACT BEING A PORTION OF LOT 1A, BLOCK A, AMENDED PLAT
OF THE REPLAT OF LOT 1, BLOCK A, OAKMONT CENTRE, SECTION SEVEN AND
THE REPLAT OF LOT 1, OAKMONT CEN'T'RE, SECTION FOUR, FILED ON MARCH 6,
2007, AND RECORDED IN CABINET DD, SLIDES 40-41 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 0.016 ACRE TRACT ALSO BEING A
PORTION OF LOT IA DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTRUST
PROPERTIES, INC.,. FILED ON APRIL 1, 2008, AND RECORDED IN DOCUMENT NO.
2008024812 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
(O.P.R.W.C.T.); SAID 0.016 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a found 1/2 -inch iron rod with plastic orange cap stamped "Baker-Aicklen & Assoc.
Round Rack, TX" for the northernmost northwest comer of said Lot IA, and marking the northerly end of
a curving corner clip at the intersection of the southerly right-of-way (R.O.W.) line of University
Boulevard (a variable width R.O.W.) and the easterly R.O.W. line of Oakmont Drive (a 60 foot wide
R.O.W.), for the westernmost northeast corner of the herein described tract;
THENCE (LI) North 69° 07' 17" East, with the common northerly .line of said Lot IA and the southerly
R.O.W. line of said University Boulevard, a distance of 9.28 feet to a set 1/2 -inch iron rod with aluminum
cap stamped "CORR ROW" for the easternmost northeast corner of the herein described tract, and from
which a 112 -inch iron rod found marking the northeast corner of said Lot IA bears North 69° 07' 17"
East, at a distance of 210.21 feet;
THENCE departing the southerly R.O.W. line of said University Boulevard, and traveling across the
interior of said Lot 1A, the following five calls:
1) (L2) South 20° 52' 43" East, a distance of 15.00 feet to a set 1/2 -inch iron rod with aluminum cap
stamped "CORR ROW" for a corner of the herein described tract;
2) (L3) South 69° 07' 17" West, a distance of 9.09 feet to a set 1/2 -inch iron rod with aluminum cap
stamped "CORR ROW" for a corner of the herein described tract and being the beginning of a curve
to the left;
3) (C1) In a Southwesterly direction, 15.73 feet along the arc of said curve to the left, having a radius of
10.00 feet, a central angle of 90° 07' 00", and a chord bearing and distance of South 241, 03' 19" West
— 14.16 feet to a set I/2 -inch iron rod with aluminum cap stamped "CORR ROW" for a comer of the
herein described tract and being the end of said curve to the left;
Page 1 of 3
Exhibit "'A" continued
Description of a +0.016 acre tract
4) (L4) South 21° 00' 12" East, a distance of 11.21 feet to a set 112 -inch iron rod with aluminum cap
stamped "CORR ROW" for the southeast corner of the herein described tract;
5) (L5) South 69° 05' 56" West, a distance of 15.02 feet to a set 1i2 -inch iron rod with aluminum cap
stamped "CORR ROW' for the southwest corner of the herein described tract, said point also being
on the common westerly line of said Lot 1A and the easterly R.O.W. line of said Oakmont Drive, and
from which a 1/24nch iron rod with plastic orange cap stamped "Baker-Aicklen & Assoc. Round
Rock, TX" found marking the southwest corner of said Lot 1A bears South 20° 54' 04" East, at a
distance of 275.52 feet.-
THENCE
eet;
THENCE (Lb) North 20" 54' 04" West, with the common westerly line of said Lot IA and the easterly
R.O.W. Iine of said Oakmont Drive, a distance of 11.40 feet to cut "X" set in concrete for a corner of the
herein described tract and being the beginning of a curve to the right, same marking the southerly end of
said curving corner clip at the intersection of the southerly R.U.W. line of said University Boulevard and
the easterly R.O.W. line of said Oakmont Drive;
THENCE (C2) In a Northeasterly direction, 38.92 feet along the are of said curve to the right, having a
radius of 25.04 feet, a central angle of 890 11' 43", and a chord bearing and distance of North 240 05' 38"
East -- 35.11 feet to the POINT OF BEGEV QNG of the herein described tract, delineating and
encompassing within the metes recited 0.016 acre (717 square feet) of land, more or less, based on the
survey and exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in
2015.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
COUNTY OF WILL.IAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A4866 attached hereto 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.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Tex
-* --Daniel M. Flaherty, R.P.L.S. No. 5004
The Wallace Group, A CP&Y Company
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS firm No. 10051701
See attached Plat No. A-4866
22824-FN25.doc
Page 2 of 3
11 -14-2 1
Date
ti
EXHIBIT "A'
(15 FOOT WIDE RICRT— OF— WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS .DESCRIPTION
OF A 0.016 ACRE (717 SQ. FT.) TRACT OF LAND
IN THE CITY OF .ROUND .ROCK, WILLIAMSON COUNT', TEXAS
Ift 0.016 Aar (717 sa.
MOSTING R.O.W. LINE
FIELD NOTE
P01M OF
BEGINNDW
CUT 'X' SET Ls
IN CONC. L4
N t1n "17'E - 210.21'
R.O.W. LINE LOT IA
BLOCK A
AMENDED PLAT
OF IHE REPLAT OF
Wt 1, BLOCK A, OAKMONT CENTRE,
SECTION SEVEN
AND TK REPLATLOT 1.
OAKMONT CENTRE.. SECTION FOUR
CABINET DD, S.M 40-41
P.R.LILC.T.
FKM MARCH 6, 2007
WALTRUST PROPETt� IEa
DOM NM 200=4812
CLP. LKQT.
FILED: APRIL. 1. 2008
LOT 18
BLOCK A
REPLAT OF LOT 1, BLOCK A
9 OAKMONT CIRMM SECTION SEVEN
o CABINET CC. SLIDES 153-154
ti Pjtw.QT.
FILEt?: SEPTEMBER 15, 2000
RAL, NOTES:
1.) AIL PROPERTY CORNERS FOUND ARE CONTROL YONUMEtiTS.
2.) SUBJECT TO ANY AND ALL COVIENANTS, RESTRICTIONS. EASENE'EETS AND
CONDITIONS THAT MAY BE APPLE:AEIL.E.
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBXCT TRACT.
4.) THIS DRAWING IS ACCOMPANNM BY A METES AND BOUNDS DESCRIPTION.
S.) BEARINGS ARE BASED ON THE TEXAS STATE: PLANE COORMATE SYSTEM
(CENTRAL ZONE. NA0183) WHICH IS BASED ON LEECA'S CENITRAL TENS GPS
COOPERATIVE CORS RTK NEi`TWORK.
UNIVERSITY BOULEYA"
(VARtABtE WIDTH R o. W.
l jT IRON ROD
FOUNT?
00"NG R.O.W. UNE
LOT tC
BLOCK A
UNI14ERSITY MEDICAL PLAZA
CABINET FF. SElDES 134-140
0.P.R.w C.T.
FILED: OCTOBER 3a, 2008
CURVE TABLE
CURVE DELTA �%3&9r
H RADW CHOIlW CNORO BEARltG
Cs acvr4 lana' 14,1x' s 24'�Infr w
C2 Mnl'43" 2'3.00' 35.14' N 24t�S'3E4 E
LEGEND
• - FOUND 1/2" IRON ROD WLTH ORANGE CAP STAMPED
"BAKER-AICKLEN & ASS= ROUND ROCK. V'
UItLESS 07HE RVASE NOTED
0 - SET I jW IRON ROD WITH AL UMIINUM CAP STAMPED
♦ - CALCUL ATEID POINT
PJLW.C.T. - PLAT REC ORAS, WILUAMSON COMM, TEXAS
D.R.W.C.T. - DEED RECORDS, W1LUAMSON COUNTY. TEXAS
O.R.W.C.T. - OMCIAL RECORDS, VALUAMSON COUNTY, TEXAS
O.PAW.C.T. - OMCIAL PUBLIC RECORDS. WILLJAMSON C.'OUNTY. TEXAS
H E WALLACE
ALLACE GROUP
UP of
e g!e3s arch qet:L:surveyors .•...... �
A CP&Y COMPANY �` � tsF�19 ..f9
WACO KILLEEN DALLAS ROUND ROCK "•" ......•••.....•..••...:....
TBPLS I00S1701 1 Ch4twim TralL Sults Im. R mrW Mxk Tms 7AQ8T 1 (512)24&0E>165 TBPE F-54 DANIEL M. FlANFRTY
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT v;� 4
'THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REOUlREMENT5 FOR LAND°y�
s►°`�'
SURVEYS IN THE STATE OF TEXAS. ' HLv __„iE ...alb.._ DAY OF NL�VE1ni�ER 2015."u'
OCTOBER, 2014
/ N n //91 e=�z -"qqup'0l-
SURVEYED: NOVEMBER, 2015 ANIEL M. FLAHERTYRPLS NO. 3 OF 3
0 PLAT NO. - A-486!3 DRAFT DA 11-04-2015 DRAWN BY, IAS.._
SCALE WORK GIRDER NO. ,.M2..�... FaD8t1w a 228/66 TAB # _ A-4856
O 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R"pARCELS F/N # - _ 22824-FN25
UNE TABLE
�
LIRE
BEARIIN. ....G ......
.....ow.
L1
N 6911"7' E
9.2jr
L2
S 2032'43' E
1500'
L3
s 69mr r w
9.00
L4
S 2t"0 lr E
11.21'
L5
S 4Solw 5r W
mar
LIS
N 2DIWOw "' W
11.4(f
N t1n "17'E - 210.21'
R.O.W. LINE LOT IA
BLOCK A
AMENDED PLAT
OF IHE REPLAT OF
Wt 1, BLOCK A, OAKMONT CENTRE,
SECTION SEVEN
AND TK REPLATLOT 1.
OAKMONT CENTRE.. SECTION FOUR
CABINET DD, S.M 40-41
P.R.LILC.T.
FKM MARCH 6, 2007
WALTRUST PROPETt� IEa
DOM NM 200=4812
CLP. LKQT.
FILED: APRIL. 1. 2008
LOT 18
BLOCK A
REPLAT OF LOT 1, BLOCK A
9 OAKMONT CIRMM SECTION SEVEN
o CABINET CC. SLIDES 153-154
ti Pjtw.QT.
FILEt?: SEPTEMBER 15, 2000
RAL, NOTES:
1.) AIL PROPERTY CORNERS FOUND ARE CONTROL YONUMEtiTS.
2.) SUBJECT TO ANY AND ALL COVIENANTS, RESTRICTIONS. EASENE'EETS AND
CONDITIONS THAT MAY BE APPLE:AEIL.E.
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBXCT TRACT.
4.) THIS DRAWING IS ACCOMPANNM BY A METES AND BOUNDS DESCRIPTION.
S.) BEARINGS ARE BASED ON THE TEXAS STATE: PLANE COORMATE SYSTEM
(CENTRAL ZONE. NA0183) WHICH IS BASED ON LEECA'S CENITRAL TENS GPS
COOPERATIVE CORS RTK NEi`TWORK.
UNIVERSITY BOULEYA"
(VARtABtE WIDTH R o. W.
l jT IRON ROD
FOUNT?
00"NG R.O.W. UNE
LOT tC
BLOCK A
UNI14ERSITY MEDICAL PLAZA
CABINET FF. SElDES 134-140
0.P.R.w C.T.
FILED: OCTOBER 3a, 2008
CURVE TABLE
CURVE DELTA �%3&9r
H RADW CHOIlW CNORO BEARltG
Cs acvr4 lana' 14,1x' s 24'�Infr w
C2 Mnl'43" 2'3.00' 35.14' N 24t�S'3E4 E
LEGEND
• - FOUND 1/2" IRON ROD WLTH ORANGE CAP STAMPED
"BAKER-AICKLEN & ASS= ROUND ROCK. V'
UItLESS 07HE RVASE NOTED
0 - SET I jW IRON ROD WITH AL UMIINUM CAP STAMPED
♦ - CALCUL ATEID POINT
PJLW.C.T. - PLAT REC ORAS, WILUAMSON COMM, TEXAS
D.R.W.C.T. - DEED RECORDS, W1LUAMSON COUNTY. TEXAS
O.R.W.C.T. - OMCIAL RECORDS, VALUAMSON COUNTY, TEXAS
O.PAW.C.T. - OMCIAL PUBLIC RECORDS. WILLJAMSON C.'OUNTY. TEXAS
H E WALLACE
ALLACE GROUP
UP of
e g!e3s arch qet:L:surveyors .•...... �
A CP&Y COMPANY �` � tsF�19 ..f9
WACO KILLEEN DALLAS ROUND ROCK "•" ......•••.....•..••...:....
TBPLS I00S1701 1 Ch4twim TralL Sults Im. R mrW Mxk Tms 7AQ8T 1 (512)24&0E>165 TBPE F-54 DANIEL M. FlANFRTY
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT v;� 4
'THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REOUlREMENT5 FOR LAND°y�
s►°`�'
SURVEYS IN THE STATE OF TEXAS. ' HLv __„iE ...alb.._ DAY OF NL�VE1ni�ER 2015."u'
OCTOBER, 2014
/ N n //91 e=�z -"qqup'0l-
SURVEYED: NOVEMBER, 2015 ANIEL M. FLAHERTYRPLS NO. 3 OF 3
0 PLAT NO. - A-486!3 DRAFT DA 11-04-2015 DRAWN BY, IAS.._
SCALE WORK GIRDER NO. ,.M2..�... FaD8t1w a 228/66 TAB # _ A-4856
O 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R"pARCELS F/N # - _ 22824-FN25