R-2017-4628 - 7/27/2017 RESOLUTION NO. R-2017-4628
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 use and welfare of the City of Round Rock, Texas ("City") and the public-at-
large to construct and maintain parks and recreation facilities in the nature of trails for the public
pedestrian and bicycle use, and for otherwise traversing over, upon and across such trails, 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 a trail easement interest in and across approximately 0.424 acre (Parcel 4) 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 VHA PROPERTIES, LLC, a Texas
limited liability company (the "Property"), for the public use of construction, reconstruction,
widening, maintaining, and operating of the Brushy Creek Trail improvements and related facilities
("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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
0112.1704;00382043
Section 1. The City Council hereby finds and determines that it is necessary for the use,
recreation, and welfare of the City and its to construct and maintain recreational trail 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 offers to the owners for the market value of said Property or
property interest, and any damage to the remaining property of the Owner. 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 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.
- ,/"�
CRAIG ORG , Mayor
City o Round ck, Texas
ATTEST:
SARA L. WHITE, City Clerk
3
EXHIBIT
Pae I of 4
County: Williamson January 2S 2016
Parcel: Parcel 4(KAHA Properties)
Project: Heritage Trail
EXHIBIT A
PROPERTY DESCRIPTION FOR PARCEL 4
DESCRIPTION OF A 0.424 ACRE(18,477 SQUARE FOOT),TRACT OF LAND SITUATED IN THE P.A.HOLDER
SURVEY,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF LOT 1,`BLOCK A'OF
THE OPUS SUBDIVISION RECORDED IN CABINET Q SLIDES 41-42 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY TEXAS, AND CONVEYED TO KAHA PROPERTIES (TRACT 2) BY INSTRUMENT RECORDED IN
DOCUMENT NO.2012046864 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS, SAID
0.424 ACRE(18,477 SQUARE FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS.,
BEGINNING at a calculated point In the easterly boundary line of that called 11.6049 acre tract of land,conveyed to
MFT-The Creek, LLC by instrument recorded in Document No. 2012092901 of the Official Public Records of
Williamson County,Texas,same beim the westerly boundary line of said Lot 1,for the most southwesterly corner of
the herein described tract, and from which a Y?Iron rod found,being an angle point In the common boundary liner of
said 11.6049 acre tract and said Lot 1,bears S 20'47'38"E at a distance of 10.91 fee(;
THENCE,continuing with said common boundary line,the following two(2)courses:
1) N 201147'38 W for a distance of 62.93 feet to a calculated angle point;
2) N 60'24'47 W for a distance of 0.25 feet to a calculated point, for the most northwesterly corner of the herein
described tract;
THENCE,departing said 11.6049 acre boundary Zine,through the Interior of said Lot 1,the fallowing s°x(6)courses:
3) N 861119'32 E for a distance of 14.62 feel to a calculated point of curvature to the right;
4) Along said curve to the right,having a delta angle of 34°16'56",a radius of 60.00 feet,an are length of 29.92 feet
and a chord which bears,S 78'32'00"E for a distance of 29.47 feet to a calculated point of tangency,
5) S 59.2332"E for a distance of 142.69 feet to a calculated point of curvature to the teff;
6) Along said curve to the left,having a delta angle of 29000'05", a radius of 76.00 feet,an arc length of 37.96 feet
and a chord which bears,S 73453'35"E for a distance of 37.58 feet to a calculated point of reverse-curvature;
7) Along a curve to the right,having a delta angle of 11.23'38",a radius of 325.00 feet,an are length of 64.53 feet
and a chord which bears,S 82041149"E for a distance of 64.52 feet to a calculated point of langency;
8) S 76°59'68"E for a distance of 42.56 feet to a calculated point of curvatura,being in the common boundary line
of that called 0.317 acre tract of land conveyed to Tilden W. and Kimberly J. Beach by Document No.
2000036940 Official Public Records of Williamson County,Texas,same being the easterly boundary line of said
Lot 1,for the most northeasterly corner of the herein described tract;
THENCE, continuing with the common boundary line of said 0.317 acre tract and said Lot 1, the following two (2)
courses:
9) Along a curve to the left,having a delta angle of 28°37`52",a radius of 95.02 feet,an arc length of 47.48 feet and
a chord which bears,S 54009120"E for a distance of 46.99 feet to a calculated point of reverse-curvature;
10) Along a curve to the right,having a delta angle of 62.0237",a radius of 65.01 feet, an arc length of 69.57 fact
and a chord which bears, S 37°27'06" E for a distance of 56.70 feet to a calculated point, for the most
southeasterly corner of the herein described tract;
Page 2 of 4
County: Williamson January 26,2018
Parcel: Parcel 4(KAHA Properties)
Project: Heritage Trail
THENCE,departing sold 0.317 acre tract,through the interior of said Lot 1,the following five(5)courses:
11) Along a curve to the left,having a delta angle of 19036'13",a radius of 75.00 feet,an arc length of 25.66 feet and
a chord which bears,N 67'11'53"Vit for a distance of 25.54 feet to a calculated point of tangency;
12) N 78'59'59"W for a distance of 104.42 feet to a calculated point of curvature to the left,
13) Along said curve to the left,having a delta angle of 11°23'3B",a radius of 275.00 feet,an are length of 54.69 feet
and a chord which bears,N 62041149"W for a distance of 54.60 feet to a calculated point of reverse-curvature,
14) Along a curve to the right,having a delta angle of 29/100105 a radius of 125.00 feet, an are length of 63.27 feet
and a chord which bears,N 73°53135"W for a distance of 62.60 feet to a calculated point of tangency,
15) N 59'2332" W for a distance of 141.33 feet to the POINT OF BEGINNING,containing 0.424 acres, (18,477
square feet)of land,more or less.
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,Lawrence M.Russo,a Registered Professional Land Surveyor,do hereby certify that the above description Is
true and correct and that the properly described herein was determined by a survey made on the ground under my
direct supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
awrence M.RussoEe
egistered Professional Land Su. eyor N1 5050
Inland Geodetics,LLC
Firm Registration No:100591-00
1504 Chisholm Trail Road,Suite 103 .••"'•�, ``
Round Rock,TX 78681 ��,� ►'
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PLAT TO ACCOMPANY
NO. _BEARING DISTANCE
Ll �N207 38"W 52.93'
L2 520'47 38 E 10.91' �. L47 1
L3 NW24 47 W 0.25 P.O.B.
L4 N816'19'32'E 14.62'
L4
L5 S7659'S9"E 42.56'
L6 N76-59W-W -104.42'
r O 50 100
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N.T.S.
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79
ARaB )PIQW Roy1
LOT !
BLOCK 'A' KAVA PROPERTIES
TRACT 2
DOC. NO. 2012046664
O.P.R.W.C.T.
, `""--...__ FSC ROCKING HORSE RANCH
ASSOC(ATES, LLC
P.QB ' ..* ti QPUS"�EB®IYISEQNr'" (20.695 ACMES)
SEE CAB. 4, SURE 41-42 DOC. NO, 2012022307
�1 0E7A1t "A` '�•6 . P.R.W.C.T. O.P.R.W.C.T.
30' WIDE Eccl:ss �I!!/ `- ,,..t5
EASEMENT
EXI*81T 08*
YOL ,1R. . 763
.T
CITY OF ROUND ROCK C7 KAHA PROPERTIES
! ! '10 W101: WATERLINE E/SEl�ENT "' TRACT 1
! ! VOL 1.347. PAGE 597 �"'ti �, Et�tA�NDER OF 3.708 AC.)
p.R,VY.C.T: 4 s DOS.,NO. 2012040864
MFT-THE CREEK, LLC 0.424 AC. q• + •W.C,T.
(11.6049 AC.) 18,477 Sq. FT. '•.
DOC. NO. 20 901 /
O.P.R.W.C.T.PO.P.R.W.C.T.C.T.
�11 SURVEY
TILDEN W. & KItMER1.Y J. SSAACK �` •.,`
F,.�+��, J- (10.727 AC)
,r r DOC. NO. 2000036940
A,957-R,4}}1 t...7- JV 0, O.P.R.W.C.T. KIMW.
ILDEY J. BhACK '
(0.317 AC)
.t
NUMBER DELTA :RADIUS LENGTH CHORD CHORD BEARING DOC. NO. 2000036840O.P.R.W.C.T.
C1 34'16'56'" 50.00, 29.92' 29.47' S76'32*00"E
C2 29'00'05" 75.00' 37.96' 37.56' 173"53'35"E
C3 11'23'38" 325.00' 64.63' 64.52' 582'4149"E
C4 28'37'52" 95.€32' 47.48' 46.99' 1 S54'09'20"E
C5 62'02'37" 55.01' 59.57' 561.70' S37'27'05"E
C6 19'36'13" 75.00" 25.66' 25.54' N67'11'53"W
C7 11'23"38" 275.00' 54.69' 54.60' N82'41'49"W
C8 29"0t}'Q5'" 125,00' 1 63.27' 1 62.60- 1 N73`53-35"W
EL A t�I L-1 u
PARCEL 4
DETICS 'A EI E JT
�NAt Nna x.424 AREHOLM TRAIL R0.STE,103oltOCK,TX 786E11 ?7 SiJAR� FEET
1E-120D,FAX 014 231E-1231 rTRJ!'ION NO.1 fl1}591-t10 PAGE 3 OF 4
A
FLAT TO ACCOMPANY DSCPtPTI
LEGEND
IRON ROD WITH CAP FOUND O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
0 1/2" IROS! ROD FOUND WILLIAMSON COUNTY, TEXAS
UNLESS NOTED P.U.E. PUBLIC UTILITY EASEMENT
d CALCULATED POINT P.O.B. POINT OF BEGINNING
PROPERTY LINE { RECORD INFORMATION
D.R.W.C.T. DEED RECORDS WILLIAMSON
COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. DISTANCES ARE SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT
THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE `
ON E GROUND UNDER MY DIRECT SUPERVISION, i OF
�} N6SHts6rllsjrS�leH�rsjfr6 �..:.:
ENCE M. RUSSO 9060
REGISTERED PROFESSIONAL LANA SURVEYOR NO. 5050 a NN
INLAND GEOQETICS LLC '''r619
FIRM REGISTRATION NO. 100591--00
1504 CHISHOLM TRAIL ROAD, SUITE 103 xs
ROUND ROCK, TEXAS 78681
LV1504
LANIC�
PARCEL 4
DE"i`Ic EASEMENT
PROFESSIONAL HOUt LANDTUIL RD.S E. 1tSe�� 1 1Ev73lOCJSf TRAIL RC1.STE.103
vo Roc#c,Tx.?)238 18,477 SQUARE FEET
3e-IImo,F,ttl(512)13�-#25iSTRATION Nil.It}Q59I-4o. PAGE 4 OF 4