R-2018-6115 - 11/20/2018 RESOLUTION NO. R-2018-6115
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 Kenney Fort Boulevard, 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 1.08 acre (Parcel 5) of land, located in
Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A"
attached hereto, such property being owned by BRIAN JAMES GRAVER and SHEILA JOY
OFFUTT (the "Property"), for the public use of construction, reconstruction, widening, maintaining,
and operating of the Kenney Fort Boulevard 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;
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:
0112.1804;00413 167/dc
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 and/or its assigns to
complete said Project.
Section 2. The City Attorney, or his designated agent, has on behalf of the City attempted or
shall attempt 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 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, 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
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 20t' day of November, 2018.
Am /
CRAIG M RGAayor
City of Round Ro , Texas
ATTEST:
�1- �- kqw-
SARA L. WHITE, City Clerk
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EXHIBIT
PARCEL 5
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
1.08 ACRE TRACT OF LAND OUT OF THE
BRIAN JAMES GRAVER AND SHEILA JOY OFFUTT TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 1.08 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 10.785 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO BRIAN
JAMES GRAVER AND SHEILA JOY OFFUTT AND RECORDED IN DOCUMENT
NO. 2004060159 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY; SAID
1.08 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
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BEGINNING at a 60d nail in fence post marked "SURVEY MARK LANDESIGN" found for the
common northwest corner of said 10.785 acre tract and the southwest corner Lot 86, Block A,
The Preserve at Dyer Creek Final Plat Phase One, a subdivision recorded in Cabinet DD,
Slides 274 — 276 of the Plat Records of said County, being on the east line of a called
147.076 acre tract of land as described in a deed to Round Rock Real Estate Investments, Ltd.
and recorded as Tract 3 in Volume 2418, Page 51 of the Official Records of said County, for the
northwest corner and POINT OF BEGINNING hereof;
THENCE with the common north line said 10.785 acre tract and the south line of said Lot 86
North 870 41' 05" East, a distance of 65.00 feet to a 1/2-inch iron rod with yellow cap stamped
"RJ SURVEYING" found for the common southeast corner of said Lot 86 and the southwest
corner of Lot 28, Block A, of said The Preserve at Dyer Creek Final Plat Phase One, for the
northeast corner hereof;
THENCE through the interior of said 10.785 acre tract, with the arc of a curve to the left, having i
a radius of 2,922.00 feet, an arc length of 468.75 feet, a central angle of 009° 11' 29", and a
chord which bears, South 12° 18' 36" East, a distance of 468.24 feet to a 1/2-inch iron rod with
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Page 1 of 3
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aluminum cap stamped "C.O.R.R. R.O.W." set on the common south line of said 10.785 acre
tract and the north line of a called 11.12 acre tract of land and recorded in Document
No. 9867726 of the Official Public Records of said County, for the southeast corner hereof,
THENCE with the common south line of said 10.785 acre tract and the north line of said
11.12 acre tract, South 87* 49' 23" West, a distance of 151.23 feet to a 1/2-inch iron rod found
for the common southwest corner of said 10.785 acre tract and the northwest corner of said
11.12 acre tract, being on the east line of said 147.076 acre tract, for the southwest corner
hereof;
THENCE with the common west line of said 10.785 acre tract and the east line of said
147,076 acre tract, North 01* 41' 52" West, a distance of 460.80 feet to the POINT OF
BEGINNING and containing 1.08 acres of land and based on the survey and exhibit drawing
made by CP&Y, Inc.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate System
NAD '83 (DARN '83), which is based on Leica's Central Texas GPS Cooperative CORS RTIC
Network.
Surveyed in the field during,January and February, 2018,
OF
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fienfaref-A. Nolen, RALS—No. 5589 MARG3MET A.NNOLEUM
CP&Y, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
oo
TBPLS Firm No. 10194125
Project No. 1500603
G.-\PR0JECTS11 500603R-Kenney Foil Blvd. Extension\METES AND BOUNDS\q 500603R PARCEL 5.doc
Page 2 of 3
EXHIBIT t;A ft
PARCEL 5
(VARIABLE WIDTH RIC HT-OF-firAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 1.08 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP P. A. TIOLDER SURVEY
FOREST CREEK ABSTRACT AVO, 207
SITE
o BLOCK A
THE PRESERVE AT DYER CREEK
GATTIS SCHOOL RD.
SCALE: 1 150' FINAL PLAT PHASE ONE
CAB. DD, SL. 274-276
P.R.W.C.T.
S'N4,lj to
,
AROUND;RDCK FIELD NOTE,
POINT OF 0
BEGINNING
LINE TABLE LOT 29
CALLED 147,076 ACRES L-1
LINE BEARING LENGTH
ROUND ROCK REAL ESTATE TRACT LINE
L-1 N 87'41'05" E 65.00' INVESTMENTS, LTD.
TRACT 3
VOL. 2418, PAGE 51 VARIABLE WIDTH
LEGEND O.R.W.C.T, RIGHT—OF—WAY ACQUISITION
E 1,08 ACRES
0 0 = 1/2" IRON ROD FOUND ------d
4= 1/2" IRON ROD WITH YELLOW CAP Cn 0
6 to
STAMPED "RJ SURVEYING" FOUND (0 't
14. f R=2,922.00'
A= 60d NAIL IN FENCE POST MARKED I
L=468.75'
"SURVEY MARK LANDESIGN" FOUND A/--009*11'29"
0 = 1/2" IRON ROD WITH ALUMINUM CAP CD=468.24''
CB=S 121836" E
STAMPED "C.O.R.R, R.O.W." SET
R.D.W. = RIGHT—OF— 0WAY 0
P.R,W.C.T, = PLAT RECORDS WILLIAMSON COUNTY, z CALLED 10.785 ACRES
Z BRIAN JAMES GRAVER AND
TEXAS
SHEILA 410Y OFFUTT
O.R.W,C.T, = OFFICIAL RECORDS WILLIAMSON DOC. NO. 2004060159
COUNTY, TEXAS 0,P.R.W.C,T.
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS TRACT LINE
to 2 w
GENERAL NOTES:
'
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
lwz 23
< 2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS CALLED 11.12 ACRES
AND CONDITIONS THAT MAY BE APPLICABLE, ci
JOHN N. PAUL.
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. w DOCUMENT NO, 9867726
C:
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE 0,P.R.W.C.T.
COORDINATE SYSTEM NAD '83 (HARM '93), WHICH IS BASED ON LEICA'S
CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK,
I Chisholm Trail,Suite 1307
Round Rock,Texas 78681 512,248.0065
TEXAS REGISTERED FNG;INEERING FIRM F-1 741
TI3PLS 10194125
C P&yj
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNO0--G
-WLE, F AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED.ME JIHCREQUIREMENTS FOR
LAND SURVEYS IN THE STATE OF TEXAS. N,
0
f. SURVEYED DURING:
JANUARY AND FEBRUARY, 2018
-MARGARET A. NOLEN, R.P.L.S. NO. 5589 3 OF 3
0 150' 300"
PLAT NO. A-5126 DRAFT DATE 18 DRAWN BY MAN
SCALE -WORK ORDER NO, 15P00� FIELDBOOK 303 TAB # A-5126
0 2018 ALL RIGHTS RESERVED DIGITAL FILE ._1500603R PARCEL 5 F/N # j5006O3R PARCEL 5