G-09-11-24-7C2 - 11/24/2009Chisholm Trail
Parcel 8E
PUE 0.0279 Acre
ORDINANCE NO.G -61 L( -
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND
NECESSITY FOR THE ACQUISITION OF A PUBLIC UTILITY
EASEMENT INTEREST IN AND ACROSS APPROXIMATELY
0.0279 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 public utility easement interest in approximately
0.0279 acres of land in Williamson County, Texas, from David
William Duffey and Kaori Mori Duffey (Parcel 8E); 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.
0:\wdox\SCC1nts\0112\0905\MUNICIPAL\091112D3.DOC/ml
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
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
2
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.
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
3
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 day
of , 2009.
Alternative 2.
READ and APPROVED on first reading this the 1214 day of
u�1Q�4 , 2009.
READ, APPROVED and ADOPTED on second reading this the
day of , 2009.
ATTEST:
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
4
EXHIBIT f4'
Page 1 of 3
Public Utility Easement
March 5, 2009
PROPERTY DESCRIPTION FOR PARCEL 8-E
DESCRIPTION OF 0.0279 OF ONE ACRE (1,217 SQUARE FEET) OF LAND OUT
OF LOT 1, RESUBDIVISION OF LOT 2 PATAL SUBDIVISION, A SUBDIVISION
OF RECORD IN CABINET E, SLIDE 248-249, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A DEED TO
DAVID WILLIAM DUFFEY AND KAORI MORI DUFFEY, OF RECORD IN
DOCUMENT NUMBER 2006089492, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0279 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 northwest corner of this tract, said Lot 1, and
said Duffey tract and the southwest corner of Lot 1, Patal Subdivision, of record in
Cabinet D, Slide 209, Plat Records, Williamson County, Texas and the southwest corner
of that tract described in a deed to Assisting Texas with Housing Inc., of record in
Document 2001033805, Official Public Records, Williamson County, Texas same being
in the existing east right-of-way (ROW) line of Chisholm Trail and the east line of that
tract dedicated as additional ROW in said Patal Subdivision;
1) THENCE, with the north line of this tract, said Lot 1, Resubdivision of Lot 2, and
said Duffey tract and the south line of said Lot 1, Patal Subdivision and said
Assisting Texas tract, N69°58'31"E 10.00 feet to a 1/2" iron rod set with a plastic
cap at the northeast corner of this tract, from which a 1/2" iron rod found at the
northeast corner of Lot 4 of said Resubdivision of Lot 2 bears N69°58'31"E 225.72
feet;
2) THENCE, with the east line of this tract, crossing said Lot 1, Resubdivision of Lot 2,
and said Duffey tract, S21°05'21"E 125.42 feet to a 1/2" iron rod set with a plastic
cap at the southeast corner of this tract, same being in the south line of said Lot 1,
Resubdivision of Lot 2 and said Duffey tract and the existing north ROW line of
Chisholm Cove, from which a 1/2" iron rod found in the south line of said Lot 1,
Resubdivision of Lot 2 and the existing north ROW line of Chisholm Cove bears
N78°03'03"E 5.38 feet;
3) THENCE, with the south line of this tract, said Lot 1, Resubdivision of Lot 2, and
said Duffey tract and the existing north ROW line of Chisholm Cove with a curve to
the right, whose intersection angle is 71°08'09", radius is 15.00 feet, an arc distance
of 18.62 feet, the chord of which bears N56°02'35"W 17.45 feet to a 1/2" iron rod
EXHIBIT
Page 2 of 3
Public Utility Easement
March 5, 2009
found in the west line of this tract, said Lot 1, Resubdivision of Lot 2, and said
Duffey tract and in the existing east ROW line of Chisholm Trail and the east line of
said additional dedicated ROW in said Patal Subdivision;
4) THENCE, with the west line of this tract, said Lot 1, Resubdivision of Lot 2, and
said Duffey tract and the existing east ROW line of Chisholm Trail and the east line
of said additional dedicated ROW in said Patal Subdivision, N21°05'21'W 111.30
feet to the POINT OF BEGINNING and containing 0.0279 of one acre (1,217
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. (PS2_ESMT1) Issued 3/5/2009
RE: CITY OF ROUND ROCK
\
LOT 25 \.
ROUND ROCK
INDUSTRIAL PARK
CAB. C, SL. 293-294
P.R.W.C.
\
A3 l6oUg'°si g3
so �� c. �.
SKF -"H TO ACCOMPANY DESCRIPTION
OF O.G.. 9 AC. OR 1,217 SQ. FT. OF LAI,
OUT OF LOT 1, RESUBDIVISION OF LOT 2
PATAL SUBDIVISION
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
\ PATAL SUBDIVISON
O
o ve,
L O
7;3 el TC100
T, r:„.
P.O.B.
LOT 1
ASSISTING TEXAS
WITH HOUSING, INC.
DOC. 2001033805
0.P.R.W.C.
AB. D, SL. 209
P.R.W.C. 23`' L —
SCALE 1" = 40'
— -1- T
l2 \ 54i \ LOT 5
\
2
.' •
0cl% DAVID WILLIAM DUFFEY DOC 2007011679
— X56 \
d?. v —.
----�\P: —
RESUBDIVISION OF LOT 2 \
PATAL SUBDIVISION \
CAB. E, SL. 248-249 \
P.R.W.C.
LOT 2 \ \ Z 1
\ EMERICK VANN
LOT 1 \ AND VALERIE VANN,
HUSBAND AND WIFE
0.0279 AC.
1,217 SQ.FT.
LINE TABLE
LINE
BEARING
LENGTH
Ll
N69.58'31'E
10.00
\ \Z f0
\ \�
KAORI MORI DUFFEY•
\ O.P.R.W.C. \ / •\''
•'s DOC. 2006089492
0.P.R.W.C. \
(.1%
25/
\ \ \
wirik
•—
�a� (3 150 49.
Alik0C
) 6823 p— — CO
3•moi 14
CO" 3P' 05 cz ESA.,
C--•yg�
/
\ rs. 56.4(3),_
/
\ L56.913:1.)
\ \ �ZWI 56 bpi —
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
18.62
15.00
71'08'09"
10.73
N56'02'35"W
17.45
C2
5.41
15.00
20'40'11"
2.74
N78'03'03"E
5.38
C3
24.04
15.00
• 91'48'44"
15.48
N66'22'40"W
21.55
(C3)
(23.56)
(15.00)
(89'59'50")
(15.00)
(21.21)
—
6•�,) \
a /,-- \12w� — \
/ — `50001 \\ i�� s,• LOT 13
JAMES D KEELER RESUBDIVISION OF LOT 2
AND LISA KEELER
DOC. 2004027869 —, PATAL SUBDIVISION
0.P.R.W.C— CAB. E, SL. 248-249
LOT 14 \ P.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 OF AN OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plot 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\PS2_ESMTI.DWG
LEGEND
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WLLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WLLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #B
AUSTIN, TEXAS 78731
(512) 45.1-8591
JOB NO.: 08-112
DATE: November 17, 2009
SUBJECT: City Council Meeting — November 24, 2009
ITEM: 7C2. Consider an ordinance determining the necessity and authorizing the
condemnation of certain property interests for the proposed Chisholm Trail
Improvement Project from David William Duffey and Kaori Mori Duffey. (Parcel
8E) (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 David William Duffey and Kaori Mori Duffey (Parcel 8E) 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):