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R-2019-0020 - 1/10/2019 RESOLUTION NO. R-2019-0020 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 and utility improvements to and along Gattis School Road, 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 0.301 acre (Parcel 2) of land, and temporary construction workspace easement interest in and to approximately 0.198 acre (Parcel 2TCE) of land located in Williamson County, Texas and more particularly described by metes and bounds and on the plat to accompany parcel description in Exhibit "A" attached hereto, such property being owned by EVEN ROCK, LLC, a Texas limited liability company (the "Property"), for the public use of construction, reconstruction, widening, maintaining, and operating of the Gattis School Road roadway improvements and related facilities, and utility adjustments, relocation, and/or installation ("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. 01111902;00415396/dc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens to construct and maintain roadway and utility 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 Proj ect. Section 2. The City Attorney, or his designated agent, has on behalf of the City to attempted 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 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. 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 10th day of January, 2019. CRAIG M RGA Mayor City of Round Ro , Texas ATTEST: 4%R- SARA L. WHITE, City Clerk 3 REV: 10/08/2018 04-13-2018 Page 1 of 4 EXHIBIT A_ County: Williamson Parcel : 2 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 2 DESCRIPTION OF A 0.301 ACRE (13,111 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 5.339 ACRE TRACT OF LAND (BEING TRACT 6 OF WESTVIEW SUBDIVISION (UNRECORDED)), DESCRIBED IN WARRANTY DEED TO HOWARD LEE PARHAM III AND JANIS NEWBY PARHAM RECORDED IN VOLUME 2522, PAGE 647 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.301 ACRE (13,111 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" iron rod found 702.72 feet right of proposed Gattis School Road Baseline Station 136+41.15, being the southwesterly corner of said 5. 339 acre tract, same being the southeasterly corner of that called 5.32 acre tract of land described in Warranty Deed with Vendor's Lien to The Fellowship At Forest Creek recorded in Document No. 2005011271 of the Official Public Records of Williamson County, Texas; THENCE, with the common boundary line of said 5.32 acre tract and said 5.339 acre tract, N 02°01'11"W, for a distance of 636.73 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid Coordinates determined as N=10154623.92, E=3148781.80 TxSPC Zone 4203), 66.00 feet right of proposed Gattis School Road Baseline Station 136+43.53, in the proposed southerly right-of-way (ROW) line of Gattis School Road, (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed southerly ROW line, with the common boundary line of said 5.32 acre tract and said 5.339 acre tract, N 02°01'11" W, for a distance of 38.33 feet to the calculated common northerly corner of said 5.32 acre tract and said 5.339 acre tract in the existing southerly ROW line of said Gattis School Road, same being in the northerly boundary line of said Westview Subdivision, for the northwesterly corner of the herein described tract, and from which a 1/2" iron rod found bears S 18°47'10"W, at a distance of 0.81 feet; 2) THENCE, departing said 5.32 acre tract, with the existing southerly ROW line of Gattis School Road, same being the northerly boundary line of said 5.339 acre tract and said Westview Subdivision, N 87°51'20" E, for a distance of 344.51 feet to the calculated northeasterly corner of said 5.339 acre tract, same being the northwesterly corner of that called 5.32 acre tract described in General Warranty Deed to Victorio L. Tostado and spouse, Maria L. Tostado recorded in Document No. 9866886 of the Official Records of Williamson County, Texas, for the northeasterly corner of the herein described tract; Page 2 of 4 3) THENCE, departing said existing southerly ROW line, same being said northerly boundary line of said Westview Subdivision, with the common boundary line of said 5.339 acre tract and said 5.32 acre tract, S 01°57'03" E, for a distance of 37.79 feet to an iron rod with aluminum cap stamped "ROW 4933" set 66.00 feet right of proposed Gattis School Road Baseline Station 139+88.00, for the southeasterly corner of the herein described tract, and from which a 1/2" iron rod found, being the southeasterly corner of said 5.339 acre tract, same being in the westerly boundary line of said 5.32 acre tract bears S 01°57'03" E, at a distance of 638.70 feet; 4) THENCE, departing said 5.32 acre tract, through the interior of said 5.339 acre tract, S 87°45'57" W, for a distance of 344.47 feet to the POINT OF BEGINNING, containing 0.301 acre (13,111 square feet)of land, more or less. NOTE: This parcel is accompanied by a T.C.E. (Temporary Construction Easement), being 25 feet wide, coincident with, parallel and southerly of the above described call 4, as shown on the accompanying sketch. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § 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 direct supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County, Texas. / P GZT- M. Ste hen T uesdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor ,af OF - Inland Geodetics, LLC •.••••••••• Firm Registration No: 100591-00 log 0 1504 Chisholm Trail Road, Suite 103 • tr Q Round Rock, TX 78681 t M.STEPHEN TRU elE NNN\ \\ k :: V S:1 BROWN&GAYIGATTIS SCHOOL•REDBUD TO VIA SONOMA\PARCELSIPARCEL 2-PARHAMI PARCEL 2-PARHAM.doc EXHIBIT "1-1" PLAT TO ACCOMPANY PARCEL DESCRIPTION REV: 10/08/18 I I I I PACE 04/13OF3/148 L. — _1 - PA. HOLDER SURVEY - - - - - - - =--- ABSTRACT No. 297 - - - - - -- - N - - ----- ---y--- - - cons SCHOOL no R08 72 GATTIS SCHOOL ROAD RAGT 1 1.4Ti MT, PG. 005 fR.O.W. WIDTH VARIES) VOL.O.R.tt.C.T. OSTENSIBLE SURVEY LINE _ . , . . — , — ' ' — 0 30 60 PROPOSED IGATT IS SCHOOL ROAD.BASELINE.I _ . -I— 138_00 _ _- -- 139+00-.___- =__-_ 16' RECIPROCAL 137+00 + "� __ 1" = 60 ACCESS EASEL'ENT --_-= ==-= -- c- - _ DOC. ITO. 2017092054 Y. I '_..------'- ----------^-- D04.- s0. 201902O5l 6- - --------- -----N87°51-'20"E--344.5T' I EXISTING R.O.W. ti -1-A,.. �-- --_ - -(- - - f34 T ,3 1 - \ 1 5' RIGHT-OF-YIAY I a I ,- - - -- -- -- f- RESERVAT 10N 566 OBS AI `'- _ _ -I J I 107' , PG, 935 U.E VOL. I VOL. 706, PG. 935 D.rt.IY.C.T.O.R.ri,C.T. PROPOSED R.O.W. -— ' . - --I. S87 1 ' I IL I I 2 I I I - - - ' I- I - STA. 139+88.00 0. 301 AC. 66,00' RT P.O. B. 13, 111 S0. F7, 0 STA. 136+43.53 a 66.00' RT GRID COORDINATES: PROPOSED 25' T.C.E. O Oo N=10154623.92 0. 198 AC. 00 to co E=3148781.80 8,611 SO. FT, F N -- F �Or` UO3 1"--r-- o HOWARD LEE PARHAM III AND .1. �I M p I` JAN I S NEWBY PARHAM I: rn I- • Z r LC; Cr (5. 339 AC. ) r-- ko o < o , M I` VOL. 2522, PG. 647 to I fY a o ▪ N a_LA 0 1- _ O O I > 2 1'�)OL) - - C 1 N ' • V• ul 0 3 , m TRACT 6 Su`���`� o L I o N" f" 0 0 WESTVIEW SUBDIVISION c U w W u) •0 na ° ° (UNRECORDED) �� o o 0 �o - No' o N I u oi- 00 -.l- r { V1 Z 1 1 2 CC O Z f\5 I\ r� ��I,� _ CC C) jr I gI 10' P.U.E I I VOL. 706, PC. 935-Tr-- I"1- 1 0' P,U.E D.R.W.C.). �t_A Iv;VOL. 706,.PG. 935 D.R,ti C.T. I I GATTIS _ _ _ _ __ _. - J I- -- - - - -- - SCHOOL RD. — — — — — �- -1�-I EXISTING R.O.W. _ I P.O. R. 702.7236Ri1.15 S1 8°47' 10"W FRED R. ANDERS 0. 81 ' 1 O AND WIFE, '>Z P�' WILMA J. ANDERS 41 NUMBER DIRECTION DISTANCE fi TRACT IIg, '' (5.53 AC. ) LI NO2°01 ' 11 "W • 38. 33' VOL. 959, PAGE 15 D.R.W.C.T. L2 SO1°57'03"E 37. 79' DETAIL •A" I N. T.S. I I , INL PARCEL PLAT SHOWING PROPERTY OF I N L A N D u HOWARD LEE PARHAM III AND GEODETICS � JANIS NEWBY PARHAM PARCEL 2 PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX,78681 SCALE PROJECT COUNTY PH,(512)238-1200,FAX(512)238-1251 I FIRM REGISTRATION NO.100591-00 1" = 60' GATTIS SCHOOL ROAD W I L L I AMSON SF ILES EXHIBIT "A_" PLAT TO ACCOMPANY PARCEL DESCRIPTION REV: 10/08/18 04/13/18 PAGE 4 OF 4 LEGEND * FENCE CORNER POST FOUND CENTER LINE ® %2" IRON ROD FOUND UNLESS NOTED T. PROPERTY FIRE ( ) RECORD INFORMATION O V2" IRON ROD FOUND W/PLASTIC CAP --1/1—^� LINE BREAK © COTTON GIN SPINDLE FOUND tv DENOTES COMMON OWNERSHIP O 1/2" IRON PIPE FOUND UNLESS NOTED P. O. B. POINT OF BEGINNING P. O. R. POINT OF REFERENCE X X CUT FOUND N. T. S, NOT TO SCALE A 60/D NAIL FOUND D. R. W. C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS p CALCULATED POINT 0. R. W. C. T. OFFICIAL RECORDS 0 /2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS 0. P. R.W. C. T. OFFICIAL PUBLIC RECORDS STAMPED "ROVJ 4933" SET (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS P. R. W. C, T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon are based on grid bearing. All distances ore surface distances. Coordinates ore surface values based on the Texas Stote Plane Coordinate System, NAD 83, Centro! Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1827470-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 25, 2018, ISSUE DATE JULY 3, 2018. 1. RESTRICTIVE COVENANTS: VOLUME 706, PAGE 935, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. IOC. EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT RECORDED IN VOLUME 537, PAGE 762, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. D. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN VOLUME 706, PAGE 935 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. E. 5 FOOT WIDE STRIP ON THE GATTIS SCHOOL ROAD BOUNDARY RESERVED FOR THE PURPOSE OF RIGHT-OF-WAY FOR ROADWAY EXPANSION AS SET FORTH IN INSTRUMENT RECORDED IN VOLUME 706, PAGE 935, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. RECIPROCAL ACCESS EASEMENT RECORDED IN DOCUMENT NO. 2018022987, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. G. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-4069, RECORDED IN DOCUMENT NO. 2017007110, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. H. TERMS, CONDITIONS, AND STIPULATIONS IN THE ORDINANCE NO. 0-2017-4746, RECORDED IN DOCUMENT NO. 2017092054, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO AND EXHIBIT C AFFECTS AS SHOWN. i•Yg(Te.. .. 6.0) I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE �a.$[�i �$Q11►(�BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY li(P 1'F1lJ�.«�it GROUND SHON HUNEIN MYSDIRECTMSUPEDRVISIOSURVEY MADE ON THE y /6( -f.44 ,&? kyo ......... M. STEPHEN TRUESDAL DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SQUARE FEET LICENSED STATE LAND SURVEYOR ACQUISITION 0.301 13, 111 INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 5.339 232, 567 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 REMAINDER AREA 5.038 219,456 PARCEL PLAT SHOWING PROPERTY OF I N L A N D HOWARD LEE PARHAM III AND GEODETICS � JA NIS LAND SURVEYORS ANIS NEWBY PARHAM PARCEL 2 1504 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX.78681 SCALE PROJECT COUNTY m.(512)238-1200,FAX 612)238-1251 FIRM REGISTRATION NO.100591-00 F 1 " = 60' GATTIS SCHOOL ROAD WILLIAMSON $FILE$