R-12-09-27-G5 - 9/27/2012 {
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RESOLUTION NO. R-12-09-27-G5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK
DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF
CERTAIN PROPERTY AND AUTHORIZING THE CITY'S
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN
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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 ("City") and the public-at-large to construct
public use vehicle parking facilities at or near the southwest corner of Liberty Avenue E and Lampasas
Street N in the City, and to perform 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 0.0774 acre of land located at 107 Liberty
Avenue E in Round Rock, described as a portion of Lot 14 and a portion of Lot 15, Block 22, Original
Townsite of City of Round Rock, and further identified as parcel R071440 by the Williamson Central
Appraisal District and as depicted on Exhibit "A" attached hereto, owned by MELLOWNIE
JOHNSON, for the public use of construction, reconstruction, maintaining, and operating of parking
improvements and related facilities ("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
WHEREAS, it is necessary to establish procedures for determining and approving just
compensation, and completing acquisition of the Property for this Project.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS.
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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 parking 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 compensation to be paid to the owners of any interest in the
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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 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 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.
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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.
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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 z
open to the public as required by law at all times during which this Resolution and the subject matter
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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 27th day of September, 2012.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
GOA--. V:U*
SARA L. WHITE, City Clerk
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ROUNDROCK,TEMS City Council Agenda Summary Sheet
PURPOSE PASSION PROSPERITY
Agenda Item No. G5.
Consider a resolution determining the necessity and authorizing the use of eminent
domain to condemn approximately 0.0774 acre of property located at 107 Liberty Avenue
E, and which is a portion of Lot 14 and a portion of Lot 15, Block 22, Original Townsite of
the City of Round Rock, required for the construction of public parking and related
Agenda Caption: facilities, and take appropriate action. (MELLOWNIE JOHNSON).
Meeting Date: September 27, 2012
Department: Legal
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
This is the final tract of land needed to complete the proposed public parking lot for Main Street employees and
customers. Negotiations will continue with the owner, but if the negotiations are unsuccessful, this resolution
authorizes the City Attorney to institute eminent domain proceedings.
Cost: There is no cost to the City to adopt this ordinance
Recommended Action: Approval