Loading...
R-12-01-12-10E1 - 1/12/2012 RESOLUTION NO. R-12-01-12-10E1 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 ("City") and the public-at-large to construct and maintain water and wastewater improvements in the vicinity of E. Old Settlers Boulevard and Rockin J Road in the City, as shown in Exhibit "A", and to perform associated public uses 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 water line and wastewater line easement interest for the Project in the following: 1. approximately 0.005 acres of land in Williamson County, Texas, from Luciano Rivera, Jr. and wife, Alice C. Rivera(Easement 1); said land more particularly described in and shown on Exhibit`B" attached hereto and incorporated herein by reference for all purposes; 2. approximately 0.064 acres of land in Williamson County, Texas from Grace Young f/k/a Grace F. McElyea (Easement 3); said land more particularly described in and shown on Exhibit "C" attached hereto and incorporated herein by reference for all purposes; 3. approximately 0.070 acres of land in Williamson County, Texas from Grace Rau (Easement 4); said land more particularly described in and shown on Exhibit "D" attached hereto and incorporated herein b reference for all purposes; and Y 4. approximately 0.061 acres of land in Williamson County, Texas from Joyce D. Johnson (Easement 5); said land more particularly described in and shown on Exhibit `B" attached hereto and incorporated herein by reference for all purposes; WHEREAS, it is necessary to establish procedures for determining and approving dust compensation for the Property to be acquired for this Project. oAwdox\scc1nts\0112\1204\tnunicipal\00240557.doer NOW, THEREFORE, BE IT RESOLVED 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 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 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. 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 12th day of January, 2012. 0 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: G"Ilzt� - B ft(::: SARA L. WHITE, City Clerk 3 SETTLERS PARK LOOP 9 4 • 1. r 3 S • 14ARRELL PARKWAY �Y Valor. tyA . ' VOLValr7A ' ------- ---------- •ISN i f!f AC tLVAfr� i °Y L••16 Y•L��M W! . !!paper 0.fipiaEYlY7CN /!0 YtfOA. ---------—�n �v- 1 V" fo3 ra of OA.ar. a � 6 tv ,tf?fr v � t tf'tAfEY[Mi lit. I-- CL � Y JA��• oa ____ ----- n 0 KIrJ 2 �pOP u > �� SPARK co F- CO H U u y .Y. tIBiML4 I i I I I I I I I I I � I f n j I � { I z I I THE PARRM DANA LTD. I 5.0 AC. I O I DOG Na 199968401 i D I QP.R.N!GT. I � I I I I I � I { I EASE►1ENT 7 i I _--O.CIS ACRES � / 800 SQFT. i EXISIT1NG C.R. 113 - KIPHEN ROAD 100' ROW CHAUPIa4-uM ASSETS,LTD. RELA9MM OF 75.590 AC. DOC.NQ 200!018181 OP.0twat 0.005 ACRES Easement 1 Page 1 of 3 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.005 ACRE (228 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHOE SURVEY ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 1.0 ACRE TRACT CONVEYED TO LUCIANO RIVERA JR., AND WIFE ALICE C. RIVERA BY INSTRUMENT RECORDED IN VOLUME 2693, PAGE 751 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.005 ACRE (228 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Y2" iron rod found, being the southwest corner of a 50 foot easement tract conveyed to Robert A. McElyea and wife, Grace F. McElyea by Instrument recorded in Volume 729, Page 787 of the Deed Records of Williamson County, Texas, being the northerly right-of-way line of Kiphen Road (C.R. 113) (rlght-of way width varies), same being the southeast corner of said 1.0 acre tract, for the southeast corner of the herein described tract and from which a capped iron rod found being the southwest corner of a 1.04 acre tract of land by conveyed to Grace F. McElyea by Instrument recorded in Volume 853, Page 369 of the Deed Records of Williamson County, Texas, same being the southeast corner of said 50 foot easement tract bears N 87°60'37" E at a distance of 50.02 feet; 1) THENCE, departing the westerly boundary line of said 50 foot easement, with said northerly right-of-way line, same being the southerly boundary line of said 1.0 acre tract, S 87°50'37" W for a distance of 15.00 feet to a calculated point, for the southwest corner of the herein described tract; 2) THENCE, departing said northerly right-of-way line and through the Interior of said 1.0 acre tract, N 02°09'23" W for a distance of 15.00 feet to a calculated point, for the northwest corner of the herein described tract; 0.005 ACRES Easement 1 Page 2 of 3 3) THENCE, continuing through the interior of said 1.0 acre tract and being 15 feet northerly of and parallel with the southerly boundary line of said 1.0 acre tract, N 87°50'37" E for a distance of 15.39 feet to a calculated point, being the westerly boundary line of said 50 foot easement tract, same being the easterly boundary line of said 1.0 acre tract, for the northeast corner of the herein described tract; 4) THENCE, with the common boundary line of said 50 foot easement tract and said 1.0 acre tract, S 00039'23" E for a distance of 15.01 feet to the POINT OF BEGINNING, containing 0.005 acres (228 square feet) of land, more or less. NOTE: There is also a 20.00 foot wide Temporary Construction Easement, being adjacent to and parallel with Course two (2) and Course three (3) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, 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 Round Rock, Williamson County, Texas. r� C ✓L (Z- M. M. St hen ruesdale Date Registered Professional Land Surveyor No, 4933 Licensed State Land Surveyor Inland Geodetics, L.P. u' t ; t''�;•�;� 1504 Chisholm Trail Road Suite 103 / � M: 1 ��•� Round Rock, TX 78681 M.3rCPHUN ritucsDAIF 512-23$-1200 41aa "" P 4. I EXHIBIT PLAT TO ACCOMPANY DESCRIPTION 0.005 ACRES NO. BEARING DISTANCE LI S 870'50'37" W 15.00' L2 N 02009'23" W 15,00' L3 N 87050'37" E 15.39 20 0 20 40 1 L4 I S 00039'23" E 15.01 SCALE 1" ■ 40' I •�y� ,i 1 �"-`" ROBERT A.MGELYEA AND WIFE, GRACE F.MCELYEA I r 50'EASEMENT a VERA JR. w L UC1AN0 RIVERA, � VOL. 729,Pe. 787 >. AND WIFE, ALICE C. RIVERA o.R.w.c.T. W,;t- (I.0 ACRES) EASEMENT I a ; 008 ACRES VOL. 2693, PG. 751 0,228 S . FT. W o 0 Q:.0 ..� O.R.W.C.T. o PROPOSED 20'WIDE r TEMPORARY L3 I r CONSTRUCTION I d O EASEMENT W t5 N 8705013711 E� b Xi TING R.O.'!. LI 50.02 P.O.B. ICIPHEN ROAD (C.R. 113) (R.O.W. WIDVI VARIES) LEGEND A CALCULATED POINT 0 1/2" IRON ROD FOUND NOTES: 0 CAPPED IRON ROD FOUND 1) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE It PROPERTY LINE SURFACE DISTANCES.COORDINATES ARE SURFACE VALUES D.R.W.C.T. DEED RECORDS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD WILLIAMSON COUNTY, TEXAS 83, CENTRAL TEXAS ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 0.999880014. O.R.W.C.T. OFFICIAL RECORDS 21 THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE WILLIAMSON COUNTY, TEXAS REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. My AS SURVEYED BY: O• la4A f M.STOP Ili N TRUESIMI.i6 4933 M. ST PHE:N T UESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 NEj eo W -J LICENSED STATE LAND SURVEYOR ~~�• INLAND GEODETICS, LP INL.ANU "L GEODETICS EASEMENT 1 PROFESSIONAL LAND SURVEYORS 0.005 ACRES 1 SO4 CHISHOLM TRAIL RD. STE.103 228 SQUARE FEET ROUND ROCK,TX.78681 r11.($12)239-1200,FAX(SI2)239-12SI PAGE 3 OF 3 EXHIBIT 0.064 ACRES Easement 3 11CIS Page 1 of 3 PROPERTY DESCRIPTION DESCRIPTION OF A 0.064 ACRE (2,796 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHOE SURVEY ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 1.04 ACRE TRACT OF LAND CONVEYED TO GRACE F. MCELYEA BY INSTRUMENT RECORDED IN VOLUME 853, PAGE 369 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.064 ACRE (2,796 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS ! FOLLOWS: BEGINNING at an iron rod found, being the southwest corner of a 1.17 acre tract of land conveyed to Marvin Fredrick Rau and Grace Margarite Rau by Instrument recorded In Volume 1910, Page 544 of the Official Records of Williamson County, Texas, being the northerly right-of-way line of Kiphen Road (C.R. 113) (right-of-way width varies), same being the southeast corner of said 1.04 acre tract, for the southeast corner of the herein described tract; 1) THENCE, departing the westerly boundary line of said 1.17 acre tract, with said northerly right-of-way line, same being the southerly boundary line of said 1.04 acre tract, S 87050'37" W for a distance of 186.34 feet to a capped iron rod found, being the southeast corner of a 50 foot easement tract of land conveyed to Robert A. in Volume 72 9 Page McEiyea and wife, Grace F. McElyea by Instrument recordedg Count Texas same being the southwest Records of Williamson g 787 0€ the Deed R Y corner of said 1.04 acre tract, for the southwest corner of the herein described tract; 2) THENCE, departing said northerly right-of-way line, with the common boundary line of said 50 foot easement tract and said 1.04 acre tract, N 00039'23"W for a distance of 15.01 feet to a calculated point, for the northwest corner of the herein described tract; 3) THENCE, departing said easterly boundary line of said 50 foot easement tract and being 15 feet northerly of and parallel with the southerly boundary line of said 1.04 acre tract and through the Interior of said 1.04 acre tract, N 87°50137" E for a distance of 186.34 feet to a calculated point, being the westerly boundary line of said 1.17 acre tract, same being the easterly boundary line of said 1.04 acre tract, for the northeast corner of the herein described tract; i 0.064 ACRES Easement 3 Page 2 of 3 4) THENCE, with the common boundary line of said 1.17 acre tract and said 1.04 acre tract, S 00039'23" E for a distance of 15.01 feet to the POINT OF BEGINNING, containing 0.064 acres(2,796 square feet)of land, more or less. NOTE; There is also a 20.00 foot wide Temporary Construction Easement, being northerly of, adjacent to and parallel with Course three (3) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That 1, M. Stephen Truesdale, 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. i WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. St6phe'noTruesdali Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor • l3fi • Inland Geodetics, L.P. �r��e,�`�•le.,��,�• 1504 Chisholm Trail Road Suite 103 Round Rock,TX 78681 512-238-1200 (M.STEPI IEN TWESDALE "I . .�.. , �Vl'nFW 4933 t t. ago 44 11 .��-�o fa ft, EXHIBIT PLAT TO ACCOMPANY DESCRIPTION 0.064 ACRES LEGEND Q CALCULATED POINT 1/2"IRON ROD FOUND UNLESS NOTED OTHERWISE Qi CAPPED IRON ROD FOUND f� PROPERTY LINE 20 0 20 40 D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS SCALE I° 40' O.R.W.C,T. OFFICIAL RECORDS { YIILLIAMSON COUNTY, TEXAS 1 j GRACE F. MCEL YEA (1.04 ACRES) a YK.,M VOL. 853, PG. 369 aaoa� PROPOSED 20' 4110E D.R. jj W.C.T. a o I a TEMPORARY I 2 ~ 0 ROBERT A. MCELYEA CONSTRUCTION >rc J 0 AND WIFE, > GRACE F.MCELYEA EASEMENT —— z — 50 FOOT EASEM$NT voL.729.P4. 787 ——.— -- EA R. .C.T. 0.064 ACRES o, w 2,796 34.fT. S 00°39'23° E N 87°50'37" E 186.34 15.01' N 00°39'2 " W 15' IRF 15.01' ° EXISTING R.0-w. S 87°50'37' W 186.34' 6 K1PHE'N ROAD (C.R. 1 13) (R.0,W- WiD11! VARIES) NOTES; 1) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL TEXAS ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 0.999880014. ,\ 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. � •1 `tv�e'• {. � cid' �®•i9 AS SURVEYED BY: • ��w AI.S1 WN6N TRUESDALE 493.3` Kit M. STEPHEN T UESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO.4933 LICENSED STATE LAND SURVEYOR INLAND GEODETIC$.LP N LAN C7 EASEMENT 3 GEODE ICS P 0.064 ACRES PROFESSIONALLANDSURVEYORS 2��gg SQUARE FEET 1509 CliISHOLM TRAIL RD, STE.103 aOUNO ROCK,TX.78681 PAGE 3 OF 3 nl.lsl:l:ae-1zoo.FA111S121t3S-1251 EEXHIBIT 0.070 ACRES Page 1 of 3 Easement 4 PROPERTY DESCRIPTION DESCRIPTION OF A 0.070 ACRE (3,069 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHOE SURVEY ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 1.17 ACRE TRACT OF LAND CONVEYED TO MARVIN FRE DRICK RAU AND GRACE MARGARITE RAU BY INSTRUMENT RECORDED IN VOLUME 1910, PAGE 544 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.070 ACRE (3,069 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found, being the southeast corner of a 1.04 acre tract of land conveyed to Grace F. McElyea by Instrument recorded in Volume 853, Page 369 of the Deed Records of Williamson County, Texas, being the northerly right-of-way line of Kiphen Road (C.R. 113) (right-of-way width varies), same being the southwest corner of said 1.17 acre tract, for the southwest corner of the herein described tract; 1) THENCE, departing said northerly right-of-way line, with the common boundary line of said 1.04 acre tract and said 1.17 acre tract, N 00°39123" W for a distance of 15.01 feet to a calculated point, for the northwest corner of the herein described tract; 2) THENCE, departing said easterly boundary line of said 1.04 acre tract and being 15 feet northerly of and parallel with the southerly boundary line of said 1.17 acre tract and through the interior of said 1.17 acre tract, N 87050,37" E for a distance of 204.30 feet to a calculated point, being the westerly boundary line of a 0.468 acre tract of land conveyed to Roderick Gene Johnson and Joyce D. Johnson by Instrument recorded in Volume 905, Page 549 of the Deed Records of Williamson County, Texas, same being the easterly boundary line of said 1.17 acre tract, for the northeast corner of the herein described tract; 3) THENCE,with the common boundary line of said 0.468 acre tract and said 1.17 acre tract, S 02°41'34" E for a distance of 15.00 feet to a 318" iron rod found, being the southwest corner of said 0.468 acre tract, being the northerly right-of-way line of said Kiphen Road, same being the southeast corner of said 1.17 acre tract, for the southeast corner of the herein described tract; 1 f I S 0.070 ACRES Page 2 of 3 i Easement 4 I 4) THENCE, departing the westerly boundary line of said 0.468 acre tract, with the a and of the southerly boundary line of said i d 1.17 common northerly right-of-way lin Y I acre tract, S 870'50'37" W for a distance of 204.83 feet to the POINT OF I BEGINNING, containing 0.070 acres(3,069 square feet)of land, more or less. NOTE: There Is also a 20.00 foot wide Temporary Construction Easement, being northerly of, j adjacent to andP arallel with Course two (2) of the above description and as shown on the I accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. 1 That 1, M. Stephen Truesdale, 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. WITk�ru=dale AND AND SEAL at Round Rock, Williamson County,Texas. r — M. StepDate Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock,TX 78681 .��s<+ •�" T 512-238-1200 res; pFt�Pl -4-- 49-, ,a EXHIBIT PLAT TO ACCOMPANY DESCRIPTION 0.070 ACRES LEGEND A CALCULATED POINT ® 1/2"IRON ROD FOUND UNLESS NOTED OTHERWISE It PROPERTY LINE D.R.W.C.T. DEED RECORDS 20 0 20 40 WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS 40' SCALE I" WILLIAMSON COUNTY, TEXAS � 1,Ike I I Il.l•.1\I " . I I♦ 1 I i 1 �\'• I4 I MARVIN FREDRICK RAU & GRACE MARGARITE RAU (1.1T ACRES) VOL. 1910, PG. 544 O,R.W.C.T. PROPOSED 20'WIDE 0� TEMPORARY RODERICK GENE JOHNSON GRACE F.MCELYEA CONSTRUCTION AND JOYCE D.JOHNSON EASEMENT 4 (1EASEMENT l (0.468 ACRES) .04 ACRES) I Vol..905, PG. 549 VOL,853,PG. 369 0.070 ACRES 1 Q.R.5, PG. D.R.W.C.T. 3,069 $0, FT. — _ _ _ _ _ 1 _ L— .- -. 1 S 020 JI'34" E N 7!1 N 8705013711 E 204.30' 15.00 15.01,--4, 15' IRF EXISTING R.O.W. 3/8" S 87°50 37 \4 204.83 $' KIPHEN ROAD (C.R. ! !J) (R.O.W. WIDTN VARIES) i NOTES; 1) ALL BEARINGS ARE BASED ON GRID BEARINGS.DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL TEXAS ZONE. USING A COM61NED SURFACE ADJUSTMENT FACTOR OF 0.999880014. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. (, „�� ,�cp r;';+;5��17r;ti,�0,� AS SURVEYED OY; t0" l;�v ow, � ! til � PII I I TItUESDALE / L% C L��I'1 �l�i(� .�° F l J/i (/ ��. : ;:j 4983{ � M. ST PHEN T UESOALE V DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 -4:'• -�li�E �" LICENSED STATE LAND SURVEYOR INLAND GEODETICS,LP INLAND GEODETICS EASEMENT 4 PROFESSIONAL LAN SURVEYORS 0.070 ACRES ISO4CJim 41TINILRO. STE.103 3,069 SQUARE FEET ROUND ROCK,TX.78681 _ PH.612) FAX612123t-list PAGE 3 OF 3 EXHIBIT 0.061 ACRES Easement 5 „E„ Page 1 of 3 PROPERTY DESCRIPTION DESCRIPTION OF A 0.061 ACRE (2,636 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHOE SURVEY ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 0.968 ACRE TRACT OF LAND CONVEYED TO RODERICK GENE JOHNSON AND JOYCE D. JOHNSON, 0.468 ACRE TRACT BY INSTRUMENT RECORDED IN VOLUME 905, PAGE 549 AND 0.50 ACRE TRACT OF LAND BY INSTRUMENT RECORDED IN VOLUME 905, PAGE 551 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.061 ACRE (2,636 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 318" iron rod found, being the southeast corner of a 1.17 acre tract of land conveyed to Marvin Frederick Rau and Grace Margarite Rau by instrument recorded in Volume 1910, Page 544 of the Official Records of Williamson County, Texas, being the northerly right-of-way line of Klphen Road (C.R. 113) (right-of-way width varies), same being the southwest corner of said 0.468 acre tract, for the southwest corner of the herein described; 1) THENCE, departing said northerly right-of-way line, with the common boundary line of said 0.468 acre tract and said 1.17 acre tract, N 02041134" W for a distance of 15.00 feet to a calculated point, for the northwest corner of the herein described tract; 2) THENCE, departing the easterly boundary line of said 1.17 acre tract and being 15 feet northerly of and parallel with the southerly boundary line of said 0.468 acre tract and through the interior In part of said 0.468 acre tract and said 0.50 acre tract, N 87050137" E at a distance of 85.00 feet passing the easterly boundary line of said 0.468 acre tract, same being the westerly boundary line of said 0.50 acre tract, continuing for a total distance of 175.74 feet to a calculated point, being the westerly boundary line of a 0.50 acre remainder of a 1.00 acre tract of land conveyed to Jerome Greenough and Mary Jo Greenough by instrument recorded in Volume 889, Page 639 of the Deed Records of Williamson County, Texas, same being the easterly boundary line of said 0.50 acre Johnson tract, for the northeast comer of the herein described tract; 0.061 ACRES Easement 5 Page 2 of 3 3) THENCE, with the common boundary line of said 0.50 acre Johnson tract and said 0.50 acre remainder tract, S 02038100" E for a distance of 15.00 feet to a capped Iron rod found, being the southwest corner of said 0.50 acre remainder tract, being the northerly right-of-way line of said Kiphen Road, same being the southeast corner of said 0.50 acre Johnson tract, for the southeast corner of the herein described tract; 4) THENCE, departing the westerly boundary line of said 0.50 acre remainder tract, with said northerly right-of-way line and In part the southerly boundary line of said 0.50 acre Johnson tract and said 0.468 acre tract, S 87050'37" W for a distance of 175.72 feet to the POINT OF BEGINNING, containing 0.061 acres (2,636 square feet)of land, more or less. NOTE: There Is also a 20.00 foot wide Temporary Construction Easement, being northerly of, adjacent to and parallel with Course two (2) of the above description and as shown on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.4203, NAD 83. This property description Is accompanied by a separate plat. That I, M. Stephen Truesdale, 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 Round Rock, Williamson County, Texas. t(// ,fit /1-' /�/9 /� Ato M. Ste hen esdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. or 1504 Chisholm Trall Road Suite 103 h�� a�' �-`h- Round Rock,TX 78681 i°' 512-238-1200 sn:r)►u to JUutsnnL '4 403 f3l;�4A°y`J% EXHIBIT PLAT TO ACCOMPANY DESCRIPTION 0.061 ACRES LEGEND A CALCULATED POINT i • 1/2"IRON ROD FOUND UNLESS NOTED OTHERWISE "r Opp CAPPED IRON ROD FOUND •�a' �`' •�" PROPERTY LINE 20 O 20 40 p.R.1'I.C.T. DEED RECORDS ... WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS SCALE 1" - 40' I WILLIAMSON COUNTY. TEXAS (0.468 AC.) (0.50 AC.) I RODERICK GENE JOHNSON AND JOYCE D. JOHNSON 0.968 ACRES (0.468 AC. VOL. 905, PG. 549) (0.50 AC. VOL, 905, PG. 551) JEROME GREENOUGH O.R.W.C.Ti ` AND MARY JO GREENOUGH PROPOSED 20'WIDE ` (0.50 ACRE REMAINDER MARVIN FREDRICK RAU Q TEMPORARY I TRACT) GRACE MARGARITE RAU CONSTRUCTION EASEMENT 5 VOL. 889,PG. 639 (1.17 ACRES) � EAS MENT � 0.061 ACRES , D.R.W.C.T. VOL.1910,PG. 544 t —— —^ 2,636 Q. — N 8T50 3 ° 11E 175.74' 7 r 85.00' 90.74' S 02°38'.90" E N 02041'34" W 15.00 15.00' IS EXISTING R.O.W. S 87°50 37 W 175.72 1, 61 $0. FT. P.O.B. 1,275 S . FT. I(IPHEN ROAD (C.R. II3� (RO.W. WIDTH VARIES) NOTES: 1)ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.NAD 83, CENTRAL TEXAS ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 0.999880014, 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE , REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES a UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. � s�s��� ��•�• AS SURVEYED BY: 10/u a.;Ir(?P1iCN 711MODALE 4033 //'-/AV 1'/o M. STEPHEN RUESDALE DATE Nbe•eees<o+ , REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETIC$, LP INLAND GEODETICS EASEMENT 5 , Yr PROFESSIONAL LAND SURVEYORS 0,061 ACRES j f 1504 CHISHOLM TRAII RD. STE.103 2,636 SQUARE FEET ROUND ROCK,TX.78601 fit.012)238-1200,FAX(Si2)238-12SI PAGE 3 OF 3 ROUND 0MTT£XAS City Council Agenda Summary Sheet �uxPose.mission�osreRmc Agenda Item No. 10E1. Consider a resolution authorizing the use of eminent domain to condemn an easement interest in four parcels of land for the public use of construction of water and wastewater Agenda Caption: improvements in the area of Rockin J Road and E. Old Settler's Boulevard. Meeting Date: January 12,2012 Department: Legal Staff Person makingpresentation: Steve Sheets//Michael Thane P.E. City Attorney/Utilities Director Item Summary: Rocking J Road and eight (8) lots along Old Settlers Boulevard were annexed in 2009 This project will provide new water and wastewater service along Rocking J Road, and new wastewater service to the residents along Old Settlers Boulevard. The residents along Old Settlers Boulevard currently obtain water via domestic wells except for one resident that has connected to City water. Easements are required to install City infrastructure in order to serve the affected residents along Rocking J Road and Old Settlers Boulevard. Also,the motion must contain specific language and should read as follows: (Everything in italics must be read as part of the motion) I move that the City of Round Rock authorize the use of the power of eminent domain to acquire an easement interest in the following parcels of land for the public use of construction of water and wastewater improvements in the area of Rockin J Road and E. Old Settler's Boulevard, and that the first record vote on this motion applies to all of the units to be condemned: 1. approximately 0.005 acres of land owned by Luciano Rivera, Jr. and Alice C. Rivera (Easement 1), as described in Exhibit"B"of the Resolution; 2. approximately 0.064 acres of land owned by Grace Young, f/k/a Grace F. McElyea (Easement 3), as described in Exhibit"C"of the Resolution; 3. approximately 0.070 acres of land owned by Grace Rau (Easement 4), as described in Exhibit "D"of the Resolution; 4. approximately 0.061 acres of land owned by Joyce D.Johnson (Easement 5), as described in Exhibit"E"of the Resolution; Cost: TBD Source of Funds: Self-Finance Water Construction Date of Public Hearing(if required): N/A Recommended Action: Approval