G-09-11-24-7C3 - 11/24/2009Intermodal Transit Parking & Facility
307 W. Main
PAE 0.287 Acre
ORDINANCE NO. 4' v t'"1' -Vi' --1`G3
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 0.287 ACRES; GIVING
NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID
PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS
FOR THE CITY OF ROUND ROCK INTERMODAL TRANSIT AND
PARKING FACILITY 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 the
Intermodal Transit and Parking Facility 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 0.287 acres of land
in Williamson County, Texas, from Dain Jay Johnson (307 W.
Main); 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.
O:\wdox\SCC1Rts\0112\0905\MONICIPAL\091112D4.DOC/rmc
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
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 r2 day of
MOVZ441-zo(1/-* , 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
Parcel 3
0.287 Acres Tract
Page 1 of 3
PARCEL 3
DESCRIPTION
FOR A 0.287 ACRE (12,486 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON
COUNTY. TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND 1N
DEED TO DAIN JAY JOHNSON OF RECORD IN DOCUMENT NO.
2007064724 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY,
SAID 0.287 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING
SURVEY SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a'/" iron rod found on a point in the south right-of-way line of West Main
Avenue (100' right-of-way width), said point being the northwest corner of Lot 1, Block 6 of
E.H. & A. Round Rock Joint Venture Subdivision, a subdivision according to the plat of
record in Cabinet H, Slide 48 of the Plat Records of said County, same being the northeast
corner of said Dain Jay Johnson tract, for the northeast corner and POINT OF
BEGINNING hereof:
THENCE departing the south right-of-way line of said West Main Avenue, with the west
boundary line of said Lotl, same being the east boundary line of said Dain Jay Johnson tract_.
the following three (3) courses and distances:
1. S 19°10'38" E for a distance of 135.16 feet to a V2" iron rod with "Baker-
Aicklen" cap set for an angle point hereof;
S 70°42'32" W for a distance of 48.15 feet to a''/2" iron rod with `Baker-Aicklen"
cap set for an angle point hereof, and
3. S I9°23'06" E for a distance of 52.66 feet to a `' " iron rod with "Baker-Aicklen"
cap set on a point in the north boundary line of Lot 2A of the Replat of Lot 2,
Block 6. E.H. & A. Round Rock Joint Venture Subdivision, a subdivision
according to the plat of record in Cabinet L, Slide 19I of the Plat Records of said
EXHIBIT
nAn
Parcel 3
0.287 Acres Tract
Page 2 of 3
County, said point being the southwest corner of said Lot 1, same being the
southeast corner of said Dain Jay Johnson tract, for the southeast comer hereof;
THENCE with the north boundary line of said Lot 2A, same being the south boundary line of
said Dain Jay Johnson tract, S 70°42'32" W for a distance of 32.04 feet to a '.!" iron rod with
"Baker-Aicllen" cap set on a point being the southwest corner of said Dain Jay Johnson tract, for
the southwest corner hereof;
THENCE with the west boundary line of said Dain Jay Johnson tract. N 19°10'38" W for a
distance of 187.61 feet to a '/" iron rod with "Baker-Aicklen" cap set on a point in the south
right-of-way line of said West Main Avenue, said point being the northwest corner of said Dain
Jay Johnson tract, for the northwest corner hereof;
THENCE with the south right-of-way line of said West Main Avenue, same being the north
boundary line of said Dain Jay Johnson tract N 70°33'42" E for a distance of 80.00 feet to the
POINT OF BEGINNING hereof and containing 0.287 acre of land.
Bearings shown hereon are referenced to Grid North for the Texas State PIane Coordinate
System, Central Zone NAD 83 per GPS survey performed during October. 2009.
Surveyed under the direct supervision of the undersigned during October, 2009:
etZ^� M-44'! /0'2n-2ct, 7
Parker J. Grah
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
Job No.: 1906-3-001-20
Filename: W:\PROJECTS\CORK\INTERMODAL TRANSIT
DESCRIPTIONICORR Internodal -Parcel 3 .doc
R. PARKING
FACI.LITY\PARCEL
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SKETCH TO ACCOMPANY DESCRIPTION
PARCEL 3
WEST MAIN AVENUE (100' R.O.W.)
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ALLEY VACATED BY CITY
ORDINANCE NO. 2147
T _
BLOCK 6�
ORIGINA I TOWN OF ROUIJID ROCK
CAB. A, SL. 190
a
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T
LEGEND
6
POINT OF
BEGINNI NG
ti
CO
15
N 70°33'42" E 80.00'
DAIN JAY JOHNSON
DOC. NO. 2007064224
PARCEL 3
0.287 AC.
(12,486 SF)
S 19°10'38" E
-40
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S 70°42'32" W 48.15'
s 0
S 70°42'32" W
O 32.04' O
1/2" IRON ROD WITH
"BAKER-AICKLEN" CAP SET
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ORIGINAL SCALE
1"=30'
tO-2o-2attP7
LOT 1 BLOCK "6"
E. H. & A. ROUND ROCK JOINT
VENTURE SUBDIVISION
CAB. H, SL. 48
REPLAT OF LOT 2, BLOCK 6, E H. & A.
ROUND ROCK JOINT VENTURE
SUBDIVISION
CAB. L, SL. 191
DATE: 10/19/2009
JOB NO.: 1906-3-001-20
BY: PJG
CHK: MAN
PAGE 3 OF 3
2B
SOUTH BROWN STREET
LAt BAKER-162
Lam. ASSOCIATES, INC.
Engineers • Surveyors • GIS • Planning
W IPROJECTS4CORRNNTERMODAL TRANSIT & PARKING FACIL1TYIPARCEL DWGICORR PARCEL -3. dwg [PARCEL -31 October 2D. 2303- 9:52am
405 BRUSHY CREEK R6
CEPAR PARK.7E1513
15123 250.3700
DATE: November 17, 2009
SUBJECT: City Council Meeting — November 24, 2009
ITEM: 7C3. Consider an ordinance determining the necessity and authorizing the
condemnation of certain property interests for the Intermodal Transit and
Parking Facility Project from Dain Jay Johnson. (307 W. Main) (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 Dain Jay Johnson (307 W. Main) for the Intermodal Transit and Parking Facility 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):