G-09-11-24-7C1 - 11/24/2009Chisholm Trail
Parcel 15
PAE 0.0292 Acre
ORDINANCE NO. G -of -(t -vi' 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 0.0292 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 the
matter, has determined that there is a public necessity for the
welfare of the City and the public -at -large to construct and
maintain Chisholm Trail roadway improvements in the City 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 0.0292 acres of land
in Williamson County, Texas, from Ricardo Zuniga (Parcel 15);
said land more particularly described in and shown on Exhibit
"A" attached hereto and incorporated herein by reference for all
purposes; for the above stated Project; and
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.
0:\wdox\SCC1nts\0112\0905\MUNICIPAL\091112D2. DOC/ml.
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
Project.
Section
complete said
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,
in the
stated
against the owners and interested parties of any interest
Property, proceedings in eminent domain to acquire the
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.
2
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.
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
3
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 day
of , 2009.
Alternative 2.
READ and APPROVED on first reading this the IA- day of
KV€4v L.aw/ -- , 2009.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2009.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
4
EXHIBIT A -
PROPERTY DESCRIPTION FOR PARCEL 15
Page 1 of 3
ROW
March 5, 2009
DESCRIPTION OF 0.0292 OF ONE ACRE (1,271 SQUARE FEET) OF LAND OUT
OF LOT 19, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN
CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS,
AND OUT OF THAT TRACT DESCRIBED IN A DEED TO RICARDO ZUNIGA, OF
RECORD IN DOCUMENT NUMBER 2000052078, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0292 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8" iron pipe found at the northeast corner of this tract, said Lot 19
and said Zuniga tract and the southeast corner of that tract described as 8.16 acres in a
deed to Herbert L. Peterson and wife, Lucretia Peterson, of record in Volume 352, Page
13, Deed Records, Williamson County, Texas same being in the existing west right-of-
way (ROW) line of Chisholm Trail, from which a 3/4" iron pipe found at the northeast
corner of said Peterson tract bears N22°06'46"W 297.29 feet;
1) THENCE, with the east line of this tract, said Lot 19, and said Zuniga tract and the
existing west ROW line of Chisholm Trail, S21°44'28"E 90.07 feet to a 1/2" iron
rod found at the southeast corner of this tract, said Lot 19, and said Zuniga tract and
the northeast corner of that tract described as 15 foot right-of-way dedication on the
Amended Plat of Lots 20 and 21, Round Rock Industrial Park, of record in Cabinet
N, Slide 134, Plat Records, Williamson County, Texas;
2) THENCE, with the south line of this tract, said Lot 19, and said Zuniga tract and the
existing west ROW line of Chisholm Trail and the north line of said 15 foot right-of-
way dedication, S68°28'10"W 14.91 feet to a 1/2" iron rod found at the southwest
corner of this tract, the northwest corner of said 15 foot right-of-way dedication, and
the northeast corner of Lot 20A of said Amended Plat;
3) THENCE, with the west line of this tract, crossing said 19 and said Zuniga tract,
N20°42'47"W 90.22 feet to a 1/2" iron rod set with a plastic cap at the northwest
corner of this tract, same being in the north line of said Lot 19 and said Zuniga tract
and the south line of said Peterson tract;
EXHIBIT
Page 2 of 3
ROW
March 5, 2009
4) THENCE, with the north line of this tract, said Lot 19 and said Zuniga tract and the
south line of said Peterson tract, N69°04'44'E 13.29 feet to the POINT OF
BEGINNING and containing 0.0292 of one acre (1,271 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
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
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
C
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RRIP 19_ROW) Issued 3/5/09
CHRIS CONRAD
RE: CITY OF ROUND ROCK SKF'H TO
OF 0.0-J2 AC.
OUT OF LOT 19,
ROUND ROCK,
LINE TABLE
LINE
BEARING
LENGTH
Ll
S68'28'10'W
14.91
L2
N69'04'44'E
13.29
DAVID CURRY SURVEY
ABSTRACT NO. 130
HERBERT L PETERSON AND WIFE,
LUCRETIA PETERSON
VOL 352, PG. 13
D.R.W.C.
(8.16 AC.)
ACCOMPANY DESCRIPTION
OR 1,271 SQ. FT. OF
ROUND ROCK INDUSTRIAL PARK
WILLIAMSON COUNTY, TEXAS
BARBARA LOU CALDWELL, ET AL
VOL 768, PG. 589
D.R.W.C.
(7.12 AC.)
/,0 P \ ▪ ti.
RICARDO ZUNIGA
DOC. 2000052078
0.P.R.W.C.
LOT 19
ROUND ROCK INDUSTRIAL PARK
CAB. C, SL. 293-294
P.R.W.C.
/
• •
/
3/4'
P.O.B.
5/8"
SCALE 1" = 30'li
-H1 -
COUNTY ROAD 173
CHISHOLM TRAIL
(R.O.W. VARIES)
0.0292 AC.
1,271 SQ.FT.
_/gPU%
LOT 20A
/
AMENDED PLAT OF LOTS 20 AND 21
ROUND ROCK INDUSTRIAL PARK
CAB. N, SL. 134-135 P.R.W.C.
y
JAMES A. BIEBER
DOC. 199938465
O.R.W.C.
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 •F AN 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\RRIP 19_ROW.DWG
\
\
k.1
LEGEND
O 1/2" IRON ROD FOUND
0 IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
ISSUED: 03/05/09
PAGE 3 OF 3
SURVEYED
BY:
McGRAY 8c McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
DATE: November 17, 2009
SUBJECT: City Council Meeting — November 24, 2009
ITEM: 7C1. Consider an ordinance determining the necessity and authorizing the
condemnation of certain property interests for the proposed Chisholm Trail
Improvement Project from Ricardo Zuniga. (Parcel 15) (Second 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 Ricardo Zuniga (Parcel 15) 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):