G-09-11-12-9D1 - 11/12/2009Chisholm Trail
Parcel 20
PAR 0.1560 Acre
ORDINANCE NO. 4461 - 1�-12 t t?(
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND
NECESSITY FOR THE ACQUISITION OF A FEE SIMPLE
INTEREST IN AND TO APPROXIMATELY 0.1560 ACRES; GIVING
NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID
PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS
FOR THE CITY OF ROUND ROCK CHISHOLM TRAIL
IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND
PURPOSES; ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, upon consideration of
matter, has determined that there is a public necessity for
welfare of the City and the public -at -large to construct
maintain Chisholm Trail roadway improvements in the City
the
the
and
of
Round Rock, and to perform associated public use and purposes
("Project"); and
WHEREAS, in accordance with the above, the City Council
hereby finds that it is a necessity and in the public interest
to acquire a fee interest in approximately 0.1560 acres of land
in Williamson County, Texas, from Diana Hall, Individually and
as Trustee of the Diana Hall Trust of 1999, Kimberly K. Hall
n/k/a Kimberly Hall Windham, Individually and as Trustee of the
Kimberly Hall Windham Trust of 1999, Cynthia Diana Hall Lanham,
Individually and
Trust of 1999,
Individually
1999,(Parcel
shown
as Trustee of the Cynthia Diana Hall Lanham
Craig W Hall a/k/a Craig Williams Hall,
and as Trustee
20); said land
on Exhibit
of the Craig William Hall Trust of
more particularly described in and
attached hereto and incorporated herein by
reference for all purposes; for the above stated Project; and
O:\wdox\scc1nts\0112\0905\MONICIPAL\091112D1.DOC/ml
WHEREAS, it is necessary to establish procedures for
determining and approving just compensation for the Property to
be acquired for this Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS.
I.
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
improvements in the City of Round Rock 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 and/or its assigns to complete said
Project.
Section 2. The City Manager or his designated agent, is
hereby authorized on behalf of the City to attempt to contract,
on behalf of the City, professional surveyors and appraisers, as
needed, to perform professional services in connection with the
Project and associated public purposes, to negotiate, settle and
agree on damages and compensation to be paid to owners of any
remaining interest in the Property, and to make 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 is hereby authorized to file or cause to be filed,
against the owners and interested parties of any interest in the
2
Property, proceedings in eminent domain to acquire the stated
interest in and to the above described lands, in order to allow
the City and/or its assigns 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
ordinance 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 ordinance of the City Council authorizing the
condemnation of the corrected or revised Property.
Section 4. The findings of fact, recitations of provisions
set in the preamble of this Ordinance are adopted and made a
part of the body of this Ordinance, as fully as if the same were
set forth herein.
Section 5. This Ordinance shall become effective
immediately from and after its approval.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
3
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance 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.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 2. day
of � , 2009.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
day of , 2009.
ATTEST:
SARA L. WHITE, City Secretary
)11
ALAN MCGRAW, Mayor
City of Round Rock, Texas
4
EXHIBIT
Page 1 of 3
ROW
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 20
DESCRIPTION OF 0.1560 OF ONE ACRE (6,796 SQUARE FEET) OF LAND OUT
OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THAT TRACT DESCRIBED AS 6.99
ACRES IN A DEED TO DIANA HALL, ET AL, OF RECORD IN DOCUMENT
NUMBER 9917891, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS; SAID
0.1560 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the northeast corner of this tract, the southwest
corner of Lot 4, Block A, Chisholm Trail Hotel Centre, of record in Cabinet Q, Slide 114,
Plat Records, Williamson County, Texas and the southwest corner of that tract described
in a deed to Round Rock Hospitality, L.P., of record in Document Number 9830791,
Official Records, Williamson County, Texas, same being at an angle point in the existing
east right-of-way (ROW) line of Chisholm Trail and at the southeast corner of that tract
dedicated as additional ROW in said plat of Chisholm Trail Hotel Centre, from which a
1/2" iron rod found at the southeast corner of said Lot 4, same being in the north line of
said Hall tract bears N66°42'49"E 212.37 feet;
1) THENCE, with the east line of this tract, crossing said Hall tract, S00°43'32"E
322.98 feet to a 1/2" iron rod found at the southeast corner of this tract and the
northwest corner of that tract described as 63.777 acres in a deed to Chisholm Trail
Developers Venture, LTD., of record in Document Number 2003114923, Official
Public Records, Williamson County, Texas, same being in the south line of said Hall
tract and at an angle point in the east ROW line of Chisholm Trail and at the northeast
corner of that tract described as 0.540 of one acre for ROW in a deed to the City of
Round Rock, of record in Document Number 2003093096, Official Public Records,
Williamson County, Texas, from which a 1/2" iron rod found at the southeast corner
of said Hall tract and the northeast corner of said Chisholm Trail Developers tract
bears N70°36'52"E 949.94 feet;
2) THENCE, with the south line of this tract and said Hall tract and the existing t
ROW line of Chisholm Trail, and the north line of said 0.540 of one acre City of
Round Rock tract, S70°36'52"W 23.16 feet to a 1/2" iron pipe found at the southwest
corner of this tract and said Hall tract and the northwest corner of said 0.540 of one
acre City of Round Rock tract;
EXHIBIT /4 -
Page 2 of 3
ROW
March 5, 2009
3) THENCE, with the west line of this tract and said Hall tract and the existing east
ROW line of Chisholm Trail, NOO°25'28"W 321.95 feet to a 1/2" iron rod found at
the northwest corner of this tract and said Hall tract and the southwest corner of said
additional dedicated ROW in Chisholm Trail Hotel Centre;
4) THENCE, with the north line of this tract and said Hall tract and the existing east
ROW line of Chisholm Trail and the south line of said additional dedicated ROW in
Chisholm Trail Hotel Centre, N66°38'27'E 21.94 feet to the POINT OF
BEGINNING and containing 0.1560 of one acre (6,796 square feet) within these
metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS
COUNTY OF TRAVIS
§
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (Hall ROW) Issued 3/5/2009
RE: CITY OF ROUND ROCK
SKr 'H TO ACCOMPANY DESCRIPTION
OF 0.i _.,0 AC. OR 6,796 SQ. FT. OF LAI.
OUT OF THE DAVID CURRY SURVEY
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
SCALE 1" = 100'
CHISHOLM TRAIL DEVELOPERS VENTURE, LTD.
DOC. 2003114923
(83.167 AC.)
D
0
0
o
>
m Z
:u o
X��
n0=1
m1
-•
?- I
111464,..
\ \ AMENDING
CHISHOLM TRAIL \ LOT 2
HOTEL CENTRE \ \ CHISHOLM TRAIL
CAB. Q, SL. 114 \;\ CAB. R,
P.R.W.C.
PLAT OF LOT 3
& 3 BLOCK A
HOTEL CENTRE
SL. 165
o.y/
cam\ P.R.W
\ \
W2007 EQUITY INN
LOT 4REALTY, L.P.
BLOCK A \\
. 2007102875
HOSPITALITY, L.P
DC ▪ \ D000.PKR.W.C.
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aR/ E
A.b • (.10
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jsj 31,
y / ' )).••••••.')).••••••.'. q2 49 2.‘23i
/
‘...0 09W
DOC. 9830791
-p�N BhN
\3• � °� 1.1
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/ ?�9
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ss0i p3 22i
/ `5615
P.O.B.
(,Z6'996 3„ 64,89.00N)
0.1560 AC.
6,796 SQ.FT.
DAVID CURRY SURVEY
ABSTRACT NO. 130
DIANA HALL, ET AL
DOC. 9917891
O.R.W.C.
(6.99 AC.)
59 Ap W 49 94
1511 52 E
NTpi 9A951i
0 ▪ A5�
N1
/ D▪ E▪ DICATION OF
RIGHT-OF-WAY
DOC. 2003093096
O.P.R.W.C.
(0.540 AC.)
1/2" L�
/
/
CHISHOLM TRAIL
DEVELOPERS VENTURE,
DOC. 2003114923
0.P.R.W.C.
(63.777 AC.
LTD.
LINE TABLE
LINE
BEARING
I LENGTH
LI
S70.36'52'W
23.16
L2
N66'36'27'E +II
21.94
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT e N OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF' LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM-RTG\DWG\PARCELS\HALL-ROW.DWG
LEGEND
O 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY 8c McGRAY
LAND,, SURVEYORS, INC.
3301- HAN+COCK'. DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
DATE: November 5, 2009
SUBJECT: City Council Meeting — November 12, 2009
ITEM: 9D1. Consider an ordinance determining the necessity and authorizing the
condemnation of certain property interests for the proposed Chisholm Trail
Improvement Project from Diana Hall, et al. (Parcel 20). (First Reading)
Department:
Staff Person:
Justification:
Legal
Steve Sheets, City Attorney
This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire needed
parcel from Diana Hall, et al. (Parcel 20) for the Chisholm Trail Improvement Project.
Strategic Plan Relevance:
Goal 26.0 - Construct major elements of the transportation and mobility system as approved by Council
in the Master Transportation Plan.
Funding:
Cost: N/A
Source of funds: 2002 GO Bonds
Outside Resources (if applicable):
Public Comment (if applicable):