R-2018-6118 - 11/20/2018 RESOLUTION NO. R-2018-6118
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 1.93 acre (Parcel 6) 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 JOHN N. PAUL (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;00413078/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.
2
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 20th day of November, 2018.
CRAIGRGA ayor
R a
City of nd R , Texas
ATTEST:
SARA L. WHITE, City Clerk
3
EXHIBIT
«A„
PARCEL 6
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
1.93 ACRE TRACT OF LAND OUT OF THE
JOHN N. PAUL TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 1.93 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 11.12 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO JOHN N.
PAUL AND RECORDED IN DOCUMENT NO. 9867726 OF THE OFFICIAL PUBLIC
RECORDS OF SAID COUNTY; SAID 1.93 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found for the southwest corner of said 11.12 acre tract, being
on the east line of called 41.153 acre tract of land as described in a deed to the State of Texas
and recorded as Parcel No. 2, Part 6 in Volume 1970, Page 515 of the Official Records of said
County, for the southwest corner and POINT OF BEGINNING hereof;
THENCE with the common west line of said 11.12 acre tract and the east line of said
41.153 acre tract, with the arc of a curve to the left, having a radius of 2,982.29 feet, an arc
length of 336.78 feet, a central angle of 006° 28' 13", and a chord which bears, North 280 11'
28" West, a distance of 336.60 feet to a 1/2-inch iron rod found for the south corner 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 an
angle point hereof;
THENCE with the common west line said 11.12 acre tract and the east line of said 147.076 acre
tract, the following two (2) courses and distances:
I
1) North 30° 10' 24" East, a distance of 5.10 feet to a 1/2-inch iron rod found for an angle
point hereof, and
2) North 010 41' 52" West, a distance of 145.55 feet to a 1/2-inch iron rod found for the
common northwest corner of said 11.12 acre tract and the southwest corner of a called
r
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, for the northwest corner hereof;
THENCE with the common north line said 11.12 acre tract and the south line of said
10.785 acre tract, North 87° 49' 23" East, a distance of 151.23 feet to a 1/2-inch iron rod with
aluminum cap stamped "C.0.R.R. R.O.W." set for the northeast corner hereof;
i
1
i
Page 1 of 3
THENCE through the interior of said 11.12 acre tract, the following two (2) courses and
distances:
1) with the arc of a curve to the left, having a. radius of 2,922.00 feet, an arc length of
348.41 feet, a central angle of 0060 49' 64", and a chord which bears, South 20' 19' 181Y
East, a distance of 348.20 feet to a calculated point for a point of tangency hereof, and
2) South 23' 57' 12" East, a distance of 179.93 feet to a 1/2-inch iron rod found on the south
line of said 11.12 acre tract, for the common northwest corners of Lot 48 and Lot 49,
Block A, Rolling Ridge Section 1-B, a subdivision recorded in Cabinet L, Slides 394—395 of
the Plat Records of said County, for the southeast corner hereof;
THENCE with the south fine of said 11.12 acre tract, the following three (3) courses and
distances:
1) South 88' 03' 28" West, a distance of 33.99 feet to a calculated point for an angle point
hereof,
2) North 89' 22' 01" West, a distance of 16.91 feet to a calculated point for an angle point
hereof,
3) North 730 .281 07" West, a distance of 139.21 feet to the POINT OF BEGINNING and
containing 1.93 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 (HARN '83), which is based on Leica's Central Texas GPS Cooperative CORS RTIC
Network.
Surveyed in the field during January and February, 2018.
07
M 4
00
'M o I e n, R.P.L.81N 6--. 589 MAAGASF'1'4kir1("",)Jr91J:,"
✓5M,
J
CP&Y, Inc.
One Chisholm Trail, Suite 130
0
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10194125
Project No. 1500603
G:\PROJECTS11500603R-Kenney Fort Blvd.Extension\METES AND BOUNDS\1500603R PARCEL 6,doc
P(,M),e 2 o.173
EXHIBIT t A
PARCEL 6
(VARIABLE WIDTH RICHT-OF—WAY" ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 1.93 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAPCALLED 147.076 ACRES1 A. HOLDER SURVL'Y
FOREST CREEK
ROUND ROCK ALL5TRACT NO. 297
REAL ESTATE
in
W Ct--ow SITE a INVESTMENTS, LTD.
W_ w
C) G GAITIS SCHOOL RD. TRACT 3
A 1:� ------
L. 2418, PAGE 51 CALLED 10-785 ACRES
DETAIL� 0 O.R.W.C.T.
BRIAN JAMES GRAVER AND
SHEILA JOY OFFUTT
C1 LU DOC, NO. 2004060159
ROUND ROCK O.P.R.W.C.T.
SCALE: 1" 150'
N 87#49'2311 E
LINE TABLE 151.23' TRACT LINE
LINE
BEARING LENGTH ;�p
CI
L-1 N 30'10'24" E 5.10' 0 0
1 0 *-900
L-2 N 01"41'52" VV 145.55' it -
R=2,922,00'
(L-1) (14 3312'47'* E) (5.04') L=348.41'
A=006'49'54"
(L-2) (N 00*4423" E) (145.74) CD=348-20'
C)
CB=S 20*19'18" E
LEGEND SEE DETAIL -7
_7 CALLED 11.12 ACRES
0 = 1/2" IRON ROD FOUND UPPER LEFT 0 t
JOHN N. PAUL
0 = 1/2" IRON ROD WITH ALUMINUM R=2,982.29' DOCUMENT NO, 9867726
CAP STAMPED "C.O.R.R. R.O.W." SET L=336.78': 0.P,R.W.C.T.
A = CALCULATED POINT A=006'2$'13"' BLOCK A
P.R.W.C.T. = PLAT RECORDS WILLIAMSON CD=,3,36.60'
ROLLING RIDGE
COUNTY, TEXAS CB=N 2811 28 W
(N 25*5323W — 337.40') SECTION 1—B
O.R.W.C.T. = OFFICIAL RECORDS CAB. L,
WILLIAMSON COUNTY, TEXAS FIELD NOTE SLIDES 394-395
P.R.W.C.T.
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS,
POINT OF
WILLIAMSON COUNTY, TEXAS BEG1NjVhVG TP&r.T LINE
49
GENERAL NOTES:
N 73*28'07" W 139.21
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS, (N 71-14-18"W — 138.72')
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE. N 89*22*1"=" W 16,91' LOT 48
f. 3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. (N 87*08' W
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE S 88*03'28" W 33.9
'
COORDINATE SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'S (N 89-43IN)
CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK.
IL
I Chisholm Trail,Suite 130,Round Rock,Texas 78681 512.248.0065
4)F
*60 @Ofp"
TEXAS REGISTERED ENGINEERING FIRM F-1 741
ell
mt,t.s 1019y;12§ A.XO
C P&yj0 04
MARGARET A.NOILENI-
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLE qI?AND BELIEF THAT
U-
F)69
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASE TS,THREQUIREMENTS FOR
91 11
LAND SURVEYS IN THE STATE OF TEXAS. 0 tj
SURVEYED DURING:
JANUARY AND FEBRUARY, 2018
R-GA ET A. NOLEN, R.P.L.S. NO. 5589 3 OF 3
0 150 300"
...................... PLAT NO. A-5127 DRAFT DATE -OM/2018 DRAWN BY_MA_..._
SCALE I WORK ORDER NO 06
1509-3 FIELDBOOK 303 TAB # A-5127
0 2018 ALL RIGHTS RESERVED DIGITAL FILE . 1500603R PARCEL 6 F/N # 15006038 PARCEL 6