R-2019-0018 - 1/10/2019 RESOLUTION NO. R-2019-0018
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 0.160 acre (Parcel 3) of land, and
temporary construction workspace easement interest in and to approximately 0.106 acre (Parcel 3TCE)
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 VICTORIO L. TOSTADO and MARIA L. TOSTADO (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.
0112.1902;00415400/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.
CRAIG4 ORGA , Mayor
City of Round R ck, Texas
ATTEST:
!e-
5JW.
SARA L. WHITE, City Clerk
3
REV: 10/08/2018
04-12-2018
Page 1 of 4
EXHIBIT A
County: Williamson
Parcel : 3
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 3
DESCRIPTION OF A 0.160 ACRE (6,968 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA
THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THAT CALLED 5.32 ACRE TRACT OF LAND (BEING TRACT 7 OF WESTVIEW SUBDIVISION
(UNRECORDED)), 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, SAID 0.160 ACRE (6,968 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 3/8" iron rod found 1280.43 feet right of proposed Gattis School
Road Baseline Station 141+67.75, being the southeasterly corner of said 5.32 acre tract, same being the
southwesterly corner of that called 5.20 acre tract of land described in Warranty Deed with Vendor's Lien
to Stuart B. McCurdy and Wife, Diana M. McCurdy recorded in Volume 2172, Pg. 280 of the Official
Records of Williamson County, Texas;
THENCE,with the common boundary line of said 5.20 acre tract and said 5.32 acre tract, N 01°58'52"W,
for a distance of 1214.45 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid
Coordinates determined as N=10154644.55, E=3149310.91 TxSPC Zone 4203), 66.00 feet right of
proposed Gattis School Road Baseline Station 141+73.11, in the proposed southerly right-of-way (ROW)
line of Gattis School Road, (ROW width varies), for the southeasterly corner and POINT OF BEGINNING
of the herein described tract;
1) THENCE, departing said 5.20 acre tract, through the interior of said 5.32 acre tract,
S 87°45'57" W, for a distance of 185.11 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, being in
the westerly boundary line of said 5.32 acre tract, same being in the easterly boundary line of that
called 5.339 acre tract of land 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, for the southwesterly corner of the herein described tract, and from which a 1/2" iron rod
found in said westerly boundary line of the 5.32 acre tract, being the southeasterly corner of said
5.339 acre tract bears S 01°57'03" E, at a distance of 638.70 feet;
2) 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 01°57'03" W, for a distance of 37.79 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 Gattis School Road (ROW width varies), same being the northerly
boundary line of said Westview Subdivision, for the northwesterly corner of the herein described
tract;
Page 2 of 4
3) THENCE, departing said 5.339 acre tract, with said existing southerly ROW line of Gattis School
Road, same being the northerly boundary line of said 5.20 acre tract and said Westview
Subdivision, N 87°51'20" E, for a distance of 185.09 feet to the calculated northeasterly corner of
said 5.32 acre tract, same being the northwesterly corner of said 5.20 acre tract, for the
northeasterly corner of the herein described tract and from which a 1/2" iron rod found bears
N 31°36'44"W, at a distance of 1.11 feet;
4) THENCE, departing said existing southerly ROW line, same being the northerly boundary line of
said Westview Subdivision, with the common boundary line of said 5.32 acre tract and said 5.20
acre tract, S 01°58'52" E, for a distance of 37.50 feet to the POINT OF BEGINNING, containing
0.160 acre (6,968 square feet) of land, more or less.
NOTE: This parcel is accompanied by a 25' wide T.C.E. (Temporary Construction Easement) being
coincident with, parallel, and southerly of the above described course 1, 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.
/4/(
6e LA 7/f/a91.— 0cr hg
M. Ste en Truesdale Date
Registered Professional Land Surveyor No. 4933 f
Licensed State Land Surveyor OF
Inland Geodetics, LLC AY-0o•�g rq +9•
Firm Registration No: 100591-00 ;•Q ' ' 0%
1504 Chisholm Trail Road, Suite 103 , 61 STEPHEN TRUISDALE
s
Round Rock, TX 78681 •»
y 4933
op•'•. SS%�•�e�-1Q
SWAN erc .
S:1 BROWN&GAYIGATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 3-TOSTADO\PARCEL 3-TOSTADO.doc
EXHIBIT "A "
PLAT TO ACCOMPANY PARCEL DESCRIPTION REV: 10/08/18
04/12/18
IPAGE 3 OF 4
— ___ _I__-_J =J_ L- ___ __I ___- 1 -- ---
}
--- - - P. A. NOLDF_RN
SURVEY -- -- - - - �r
--- - - - - -. - - _ ABSTRACT No. 2.i - - - - - A
_ c---�= �^-"' _. - - GATTIS SCHOOL RO RO4
- - 4 GATTIS SCHOOL ROAD EXH101T 0
TRACT 1 1.,119 AC.
(R.O.W. WIDTH VARIES) VOL. 2607, PG. 885
o.R.V?,C.7. 0 30 60
-' OSTENSIBLE SURVEY LINE J ��. �
PROPOSED GATTISISCHOOL ROAD BASELINE _ 1 " = 60'
— • — ' —h _ 141=0Q_ _ 142+0Q= _ -_-_ -
10'COVENANTS
RESTRICTIVE -- -185:09'--y �- SF' D£ EXISTING R.O.W.
GovENnNrs sEE NOTE 1 Ng7°51 rz0"E
--..... _.. u� =r..i%, -- "- - ,- "-r- -1 -. - -\ P 5' RIGH1-0 WAY_ - - - __�
_ -- -- - - -- - I d r-- ��- - 1� ` 04I RESERVAT-0E-PER
_ I , J I RESTRICTIVE
I� t i i COVEt:AHTS SEE R6TE 1
l L. 871, PG, 912 _._-
u PROPOSED R.O.W. `, -.VOL.v 873, Pc. 9na' -
D.R.sr.r,.r,
S87° 45'57"W 1 B5. 1 1 11 11 P.O. B.
STA. 139T88.00 ( il
STA. 1 41+73. 1 1 t` 66.00' RT
66.00' RT L I GRID COORDINATES:
N=10154644.55
E=3149310.91
Tuos PO4ER
O. 1 60 AC. 10' P.U.E/PER -T HI-1-P. L TIGHT CO?(PANY
6,968 SQ. FT. RESTRICTIVE EASEA'ENT
COVENANTS VOL. 71.I PG. 182
SEE NOTE I U.R.N.C„T.
PROPOSED v6L, 8f1,OVE PG. 612
25' T.C.E. VOL. 873, PG. 948^ L�
0. 106 AC. D.R.W.C.1. `r STUART B. MCCURDY AND
4,628 SQ. FT. N vl DIANA M. MCCURDY
o ^ N N TRACT 8
VICTORIO L. TOSTADO AND :n '- (5. 20 AC. )
Go NN VOL 2172, PG. 280
MARIA L. TOSTADO
O.R.W.C. T.
� � (5. 32 AC. ) JUfZv�Y
w I DOC. NO. 9866886 1111 5
O.R.W.C.T.
o AD!
_I {o I- NQ. 6°9
L1J I �zA
HOWARD LEE Iv N of AST
PARHAM III AND Io -- zI / /
JANIS NEWBY PARHAM - °p TRACT 7 I /
(5.TRACT
) N z WESTVIEW SUBDIVISION I / A LOT 19
VOL. 2522, PG. 647 Iv (UNRECORDED) c /// \
O. R.W.C. T. Jr- Jr /
/ \
10' P.U.E/PER—:- -
I
RESTRICTIVE GATTIS I I / LOT 20
COVENANTS
SEE SCHOOL RD.
NOTE 1
VOL. 871, PG. 512
VOL. 873, PG. 9n8 I N4"W
D.11.1i.C.1. 31° 36' 4
- —— 1 . 11 ' / BRADFORD PARK,
% SECTION THREE-A
— — _le- — — - R ,1p CAB. 0, SLIDE 257 258
IEXISTING S R.O.w. LOT 21 P.R.W. C.T.
rio / P. O. R.
FRED R. ANDERS AND WIFE, STA. t 41*67.75
WILMA J.RACT IIDERS I
3 CQ _I 9c•� / 1280.43' RT
(5.53 AC. )
VOL. 959, PAGE 15 I NUMBER DIRECTION DISTANCE
D.R.W,C. T. DETAIL "A" L 1 NO1°57'03"W 37. 79'
N. T.S. L2 SO1°58'52"E 37. 50'
l- PARCEL PLAT SHOWING PROPERTY OF -
I N L A N D GEODETICS VICTORIO L. TOSTADO AND PROFESSIONAL LAND SURVEYORS MARIA L• TOSTADO
1504 CHISHOLM TRAIL RD.STE.103 PARCEL 3
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY
PH.(512)238-1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591-00 'r 1 " = 60' GATTIS SCHOOL ROAD WILL I AMSON
$FILE$
EXHIBIT "A "
PLAT TO ACCOMPANY PARCEL DESCRIPTION REV: 10/08/18
04/12/18
PAGE 4 OF 4
LEGEND
* FENCE CORNER POST FOUND F. CENTER LINE
® IV2" IRON ROD FOUND UNLESS NOTED PROPERTY FIRE
( ) RECORD INFORMATION
O %2" IRON ROD FOUND W/PLASTIC CAP —4'1— LINE BREAK
® COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP
® V2" IRON PIPE FOUND UNLESS NOTED P. O. B. POINT OF REFIREICE
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
CALCULATED POINT WILLIAMSON COUNTY, TEXAS
A 0. R. W. C. T. OFFICIAL RECORDS
O I/2" IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4933" SET O. P. R. W. C. T. OFFICIAL PUBLIC RECORDS
(UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS
P. R.W. C. T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
1) All bearings shown hereon ore based on grid bearing. All distances are surface distances. Coordinates ore
surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1827471-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 26, 2018, ISSUE DATE JULY 5, 2018.
10C. EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENT RECORDED IN
VOLUME 710, PAGE 70 AND VOLUME 710, PAGE 184 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS
DESCRIPTION CANNOT BE LOCATED.
D. 10 FOOT WIDE STRIP AROUND ALL LOTS IN THIS SUBDIVISION IS RESERVED FOR PUBLIC UTILITY RECORDED IN VOLUME
871, PAGE 612 AND VOLUME 873, PAGE 948, 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 871, PAGE 612 AND VOLUME 873, PAGE 948, OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
F. 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.
NOTE:
1 ) RESTRICTIVE COVENANTS FOR WESTVIEW SUBDIVISION (UNRECORDED)
MAY AFFECT THIS PARCEL IN THAT THIS PARCEL IS DESCRIBED AS TRACT
7 IN VOL. 669, PG. 659, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. �� ,�'_
OTHER PARCELS CONVEYED FROM WESTVIEW SUBDIVISION ARE ENCUMBERED
��(aC�1`'Y¢••.e`
BY SAID RESTRICTIVE COVENANTS AS CITED IN AND/OR ATTACHED TO ��°ll
CONVEYANCE DEEDS. ��,Q ��4
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE ►M.STEPHEN TRUESDAIE
...,•we
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY ;- 4933 <apt
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE ••O� 0 0
GROUND UNDER MY DIRECT SUPERVISION. 1 eG•,••* $81 .•.�
A'
ZNA V/t/aa,r;i7e, /0. rer
M. S EPH N T UESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SQUARE FEET
LICENSED STATE LAND SURVEYOR ACQUISITION 0. 160 6,968
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 5.32 231, 739
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681 REMAINDER AREA 5. 16 224,771
JI kL PARCEL PLAT SHOWING PROPERTY OF
I N L A N D ) V I CTOR I O L. TOSTADO AND
GEODET MAR I A L. TOSTADO PARCEL 3
PROFESSIONAL LANDD SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY
PH.(512)238-1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591-00 'r 1" = 60' GATT IS SCHOOL ROAD WILLIAMSON
$FILE$