R-2014-1327 - 4/10/2014RESOLUTION NO. 2014-1327
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
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"), the State of Texas, acting by and
through the Texas Department of Transportation ("TxDoT") and the public -at -large to construct and
maintain roadway improvements to University Boulevard 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 0.353 acre of property, described by metes
and bounds in Exhibit "A" attached hereto and incorporated herein, owned by IKEA PROPERTY,
INC., a DELAWARE CORPORATION, for the public use of construction, reconstruction,
maintaining, and operating of the 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;
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.
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 roadway improvements
0112.1404,00295993
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, TxDoT and/or their
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
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, TxDoT and/or their 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.
Section 4. The findings of fact and recitations of provisions set forth 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
2
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 10th day of April 2014.
ATTEST:
?x444A/- atidce
SARA L. WHITE, City Clerk
3
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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