R-2017-5041 - 12/21/2017 RESOLUTION NO. R-2017-5041
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 welfare of the City of Round Rock, Texas ("City"), and the public-at-large to
construct certain roadway improvements to University Blvd., and to perforin 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 fee simple title to approximately 0.566 acre (Parcel 10) of land in
Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A"
attached hereto, and acquisition of a public utility easement interest in and to approximately 0.0 10 acre
(Parcel 14PUE) of land located in Williamson County, Texas and more particularly described by metes
and bounds in Exhibit "B" attached hereto, such property being owned by INLAND AMERICAN
ROUND ROCK UNIVERSITY OAKS LIMITED PARTNERSHIP, AN ILLINOIS LIMITED
PARTNERSHIP (the "Property"), for the public use of construction, reconstruction, widening,
maintaining, and operating of the University Blvd. roadway improvements and related facilities and
utility adjustments and relocation ("Project"), excluding all the oil, gas, and sulphur which can be
removed from beneath said real property, without any right whatever remaining to the owner of such
oil, gas, and sulphur of ingress to or egress from the surface of said real property for the purpose of
exploring, developing, or mining of the same, as a part of the improvements to the 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;
and
0112.1704;00391470
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:
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 roadway 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 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. 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 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 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 21st day of December, 2017.
A z
CRAI MOR , Mayor
City f Roun ock, Texas
ATTEST:
(A*6
SARA L. WHITE, City Clerk
3
EXHIBIT
„A»
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.566 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.566 ACRE (24,662 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.566 ACRE TRACT BEING A PORTION OF LOT 2A, BLOCK A, REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER, FILED ON NOVEMBER 2, 2006, AND RECORDED
IN CABINET CC, SLIDES 230-233 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.); SAID 0.566 ACRE TRACT ALSO BEING A PORTION OF LOT 2A
DESCRIBED IN A SPECIAL WARRANTY DEED TO INLAND AMERICAN ROUND ROCK
UNIVERSITY OAKS LIMITED PARTNERSHIP, FILED ON MAY 6, 2010, AND
RECORDED IN DOCUMENT NO. 2010029662 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.566 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a found 1/2-inch iron rod with plastic yellow cap stamped "CS LTD"for the northwest
corner of said Lot 2A, same marking the easternmost northeast corner of Lot 1, Block A, East Chandler
Retail Center, filed on December 1, 2005, and recorded in Cabinet BB, Slides 62-65 of the P.R.W.C.T.,
and being on the southerly right-of-way line (R.O.W.) of University Boulevard (variable width R.O.W.),
for the northwest corner of the herein described tract;
THENCE with the common northerly line of said Lot 2A and the southerly R.O.W. line of said
University Boulevard, the following two calls:
1) (Li) North 69° 18' 14" East, a distance of 74.82 feet to a calculated point for an angle point of the
herein described tract;
2) (L2) North 24°21' 38"East, a distance of 32.21 feet to a cut"X"found in concrete for the common
northernmost corner of said Lot 2A and the westernmost northwest corner of Lot 2E,Block A,of said
Replat of Lot 2 East Chandler Retail Center,for the northeast corner of the herein described tract;
THENCE(L3) South 20°41' S3"East, with the easterly line of said Lot 2A and the westerly line of said
Lot 2E, a distance of 14.16 feet to a cut "X" set in concrete for an angle point of the herein described
tract;
THENCE traveling across the interior of said Lot 2A,the following two calls:
1) (L4) South 24° 18' 09"West, a distance of 4.75 feet to a cut"X" set in concrete for an angle point of
the herein described tract,
2) South 20° 42' 30" East, a distance of 248.66 feet to a set 1/2-inch iron rod with aluminum cap
stamped"CORR ROW"on the easterly line of said Lot 2A and the westerly line of Lot 2H, Block A,
of said Replat of Lot 2 East Chandler Retail Center,for an angle point of the herein described tract;
Page 1 of 3
Exhibit"A"continued
Description of a 0.566 acre tract
THENCE(L5) South 241 18' 07" West, with the easterly line of said Lot 2A, and with the westerly line
of said Lot 2H, a distance of 24.41 feet to a found 1/2-inch iron rod with plastic yellow cap stamped
"CS LTD"for the most southerly southeast corner of the herein described tract;
THENCE (L6) South 69° 11' 27" West, traveling across the interior of said Lot 2A, a distance of 76.96
feet to a set 1/2-inch iron rod with aluminum cap stamped"CORR ROW"on the westerly line of said Lot
2A and the easterly line of said Lot 1 for the southwest corner of the herein described tract;
THENCE North 200 43' 04" West, with the westerly line of said Lot 2A and the easterly line of said
Lot 1., a distance of 260.84 feet to the POINT OF BEGINNING of the herein described tract,delineating
and encompassing within the metes recited 0.566 acre(24,662 square feet)of land,more or less,based on
the survey and exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock, Texas in
April 2017.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4864 attached hereto 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 Round Rock, Williamson County,Texas.
OF �.
C i
_ ..............�...................
DANIELCM.FLAHERTY
Daniel M. Flaherty,R.P.L.S.No.5004 ..................................
The Wallace Group,A CP&Y Company r ti 5064 Q
o,�
One Chisholm Trail, Suite 130 �..,Fss�..•�
Round Rock,Texas 78681 SURA
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4864 04-19-2017
22824-FN23.doc Date
Page 2of3
EXHIBIT A
(VARIABLE WIDTH .RIGHT-OF-WAY ACQUISITION)
DRAW INC TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.566 ACRE (24p662 SQ. FT.) TRACT OF LAND
IN THE CITY OF .ROUND ROCK, WILLIAMSON COUNTY, TEXAS
INLAND AMERICAN ROUND ROCK UNIVERSITY BOULEVARD
UNIVERSITY OAKS LIMITED PARTNERSHIP (VARIABLE WIDTH R.O.Mr)
DOC.NO. 2010029662 GUT "X" FOUND IN CONC.
O.P.R.W.C.T. EXISTING R.O.W. LINE
FILED: MAY 6, 2010
L3
EXISTING R.O.W. LINE L1 CUT "X" SET IN CONC.
en
FIELD NOTE
FL4
CUT "X" SET IN CONC.
�� BEGINNING PROPOSED R.O.W. LINE
ad
to
LOT 2E
'T �0 PROPOSED R.O.W. LINE o0 N BLOCK A
LO co I E REPLAT OF LOT 2 SCALE: ►� = 00.
BLOCK IA ( PORTION LO2w CABINETAST ACC, SLIDES NDLER A230-2 3IL R
3BLOCK A M P.R.W.C.T.
EAST CHANDLER RETAIL CENTER FILED: NOVEMBER 2, 2006
CABINET BB, SLIDES 62-65 a� N1,
P.R.W.C.T. O fO
FILED: DECEMBER 1, 2005 N
d• �
O
N
VARIABLE WIDTH z
RIGHT OF—WAY ACQUISITION ''+� LOT 2
0.566 ACRE (24,662 SQ. F1:) BLOCK A
REPLAT OF LOT 2
L6 \, EAST CHANDLER RETAIL CENTER
LINE TABLE CABINET CC, SLIDES 230-233
P.R.W.C.T
LINE BEARING DIST. FILED: NOVEMBER 2, 2006
L1 N 69'18'14' E 74.82' z Q is
L2 N 24'21'38' E 32.21' z tY
L3 S 20 41'53" E 14.16' Fr tZ c�
E L4 S 24'18'09' W 4.75' o ~w ~ LOT 2H
o L.5 S 24'18'07" W 24.41' M w 0 BLOCK A
L6 S 69"11'27" W 76.96' LEGEND
o GENERAL NOTES: FOUND 1/2' IRON ROD WITH
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. YELLOW CAP STAMPED "CS LTD"
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND UNLESS OTHERWISE NOTED
CONDITIONS THAT MAY BE APPLICABLE. 0 = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
o, 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. "CORR ROW"
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. At
= CALCULATED POINT
w 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM P.R.W.C.T. = PLAT RECORDS, WiWAMSON COUNTY, TEXAS
v (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS D.R.W.C.T. = DEED RECORDS, 'MWAMSON COUNTY, TEXAS
O.R.W.C.T. — OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS
IL COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. — OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY, TEXAS
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WACO KILLEEN DALLAS ROUND ROCK ,,,,,,,,,,,,,,t,.,•,,,,,,..,•;....
D TBPLS 10051701 1 Chisholm Trail,Suite 130,Round Rock,Texas 78681 1 (512)248-0065 TBPE F-54 DANIEL M.FL.AHERTY
c� ...t.............................
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT f � 5004 P
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAN �i�••°��ss�°.`�'y�
SURVEYS IN THE STATE OF TEXAS. THIS E 12TH DAY OF APRIL 2017. J'''••'••••' k,
S U��
00 OCTOBER, 2014
SURVEYED: APRIL, 2017 I FLAHERTY RPL S NO. 3 OF 3
wl PLAT NO. A-4864 DRAFT ATE 04-19-2017
DRAWN BY.-MB _
SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 278/17 TAB # A—M64
0 2017 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN23
EXHIBIT g
Variable Width Public Utility Easement
METES AND BOUNDS DESCRIPTION
OF A
0.010 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.010 ACRE (415 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.010 ACRE TRACT BEING A PORTION OF LOT 2H,BLOCK A,REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER, FILED ON NOVEMBER 2, 2006, AND RECORDED
IN CABINET CC, SLIDES 230-233 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.); SAID 0.010 ACRE TRACT ALSO BEING A PORTION OF LOT 2H
DESCRIBED IN A SPECIAL WARRANTY DEED TO INLAND AMERICAN ROUND ROCK
UNIVERSITY OAKS LIMITED PARTNERSHIP, FILED ON MAY 6, 2010, AND
RECORDED IN DOCUMENT NO. 2010029662 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.010 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point for the northwest corner of the herein described tract, and from which
a 1/2-inch iron rod with yellow plastic cap stamped "CS LTD"found marking the westernmost northeast
corner of said Lot 2H bears North 20°41' 11"West, at a distance of 11.71 feet,same being the northeast
corner of Lot 2G of said Block A, said iron rod also being on the southerly right-of-way(R.O.W.)line of
University Boulevard(a variable width R.O.W.);
THENCE North 69° 11' 00"East, traveling across the interior of said Lot 2H, a distance of 40.21 feet to
a calculated point for the northeast corner of the herein described tract, said point being on the common
easterly line of said Lot 2H and the westerly line of Lot 1, Block A, Oakmont Centre Section Two, filed
on October 4, 1984, and recorded in Cabinet F, Slide 174, P.R.W.C.T., and from which a 1/2-inch iron
rod with orange plastic cap stamped "Waterloo RPLS 4324" found marking the easternmost northeast
corner of said Lot 2H bears North 20° 54' 30" West, at a distance of 11.62 feet, said iron rod also
marking an angle point on the southerly R.O.W. line of said University Boulevard;
THENCE South 20°54' 30"East, with the common easterly line of said Lot 2H and the westerly line of
said Lot 1, a distance of 10.38 feet to a calculated point for the southeast corner of the herein described
tract;
THENCE South 69° 18' 05"West, traveling across the interior of said Lot 2H, a distance of 40.25 feet to
a calculated point for the southwest corner of the herein described tract, said point being on a westerly
line of said Lot 2H,same being the easterly line of said Lot 2G;
THENCE North 200 41' 11" West, with a westerly line of said Lot 2H, same being the easterly line of
said Lot 2G, a distance of 10.29 feet to the POINT OF BEGINNING of the herein described tract,
delineating and encompassing within the metes recited 0.010 acre(415 square feet) of land, more or less,
based on the survey and exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock,
Texas in September of 2015.
Page 1 of 3
Exhibit JB9 continued
Description of a 0.010 acre tract
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4713 attached hereto 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 Round Rock,Williamson County,Texas.
,`P.•• sr't-
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•DANIEL ..............:....
Daniel NrTi R.P.L.S.No. 5004 M.FLANERTY
•��....................v`....
The Wallace Group,A CP&Y Company 9 5004 �, Q
One Chisholm Trail,Suite 130
Round Rock,Texas 78681 S URv y
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4713 09-30-2015
22824-FN14.doc Date
Page 2 of 3
EXHIBIT "®' '
(VARIABLE WIDTH PUBLIC UTILITY EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.010 ACRE (415 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK,, WILLIAMSON COUNTY, TEXAS
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.0.W.) N 59'11'00" E
40.21'
SCALE. 1" = 100' 1/2' IRON ROD WITH
YELLOW PLASTIC CAP R.O.W. UNE
STAMPED "CS LTD"R.O.W. UNE N 20'54'30" W - 11.62'
N 20'41'11' W
N 20'41'11" W- 10.29' FIELD NOTE
S 20'54'30' E POINT OF
VARIABLE WIDTH PUBLIC 10.38' BEGINNING
UTILITY EASEMENT
0.010 ACRE (415 SO. FT.) 69'18'05" W - 40.25'
LOT 2F LOT 2G E-
�� BLOCK A BLOCK A mJ
G REPLAT OF LOT 2 REPLAT OF LOT 2 LOT 1
EAST
ASEAST
CHANDLER RETAIL BLOCK A
CABINETCC, LIDES230-2233CABINET CCLID230- 33
4Ly Q.� P.R.W.C.T. P.R.W.C.T. a OAKMONT CENTRE
FILED: NOVEMBER 2, 2006 FILED: NOVEMBER 2, 2006o c a o SECTION TWO
-� � J CABINET F, SLIDE 174
P.R.W.C.T.
FILED: OCTOBER 4. 1984
LOT 2H
E INLAND AMERICAN ROUND ROCK BLOCK A
co UNIVERSITY OAKS LIMITED PARTNERSHIP REPLAT OF LOT 2
DOC. NO. 2010029662 EAST CHANDLER RETAIL CENTER
O.P.R.W.C.T. CABINET CC, SLIDES 230-233
FILED: MAY 6. 2010 P.R.W.C.T. LEGEND
FILED: NOVEMBER 2. 2006
o GENERAL
NOTES-0 = FOUND 1/2" IRON ROD WITH ORANGE CAP STAMPED
0 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. "WATERLOO RPLS 4324" UNLESS OTHERWISE NOTED
Q2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND 0- SET 1/2" IRON ROD WITH ALUMINUM CAP STAMPED
Im CONDITIONS THAT MAY BE APPLICABLE. "CORR ROW'
Cn 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
v 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. = CALCULATED POINT
P.R.W.C.T. - PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
En
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS. WILLIAMSON COUNTY, TEXAS
U (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T. = OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
a COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS. WILLIAMSON COUNTY, TEXAS
I
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00 WALLACE w
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0 n q i r-1e e"5 ai'chi'It`,e,u uta .eau i'veyc;rs ��. �F �►�
' A CP� Y COMPANY ,`Pr6q•-f-
WACO KILLEEN DALLAS ROUND ROCK ;q:.q 'n 9(f)
V) TBPLS 10051701 1 Chisholm Trail, Suite 130, Round Rock,Texas 78681 ...............
(512)248 0065 TBPE F-54 DANIEL M.FLAHERTY
..................................
3 1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT 5004
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND p0F• o?:�O .
SURVEYS IN THE STATE OF TEXAS. THIS THE 30TH DAY OF SEPTMERER 2015, �ss�
co
•
SUR��
N SURVEYED: OCTOBER, 2014 '-
Q.� ANIEL M. FLAHERTY RPLS NO. 50 3 OF 3
W 0 100 200 PLAT NO. A-4713 DRAFT ATE 09-30-2015
DRAWN By—DV
SCALE WORK ORDER N0. 22824 FIELDBOOK/PG. 195/0 TAB # A-4713
61 0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R—PARCELS F/N # 22824—FN14