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R-2019-0142 - 3/28/2019RESOLUTION NO. R-2019-0142 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 ("City"), the Brushy Creek Regional Utility Authority, Inc. ("BCRUA"), the City of Cedar Park, the City of Round Rock, and the City of Leander as participating cities in the BCRUA, and the public -at -large to construct certain raw water line utility improvements to and for the regional water treatment and distribution system of the BCRUA and its participating cities, 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 a subsurface raw water line easement in and to approximately 0.414 acre (Parcel 48) of land located in Travis County, Texas and more particularly described by metes and bounds and survey plat in Exhibit "A" attached hereto, such property being owned by SAMIR N. SETH and ANJA SETH (the "Property"), for the public use of construction, reconstruction, installation, maintaining, and operating of a raw water line transmission line and related facilities, as a part of the improvements to the Project, at such subsurface locations as are necessary and that such constructing, reconstructing, maintaining, and operating shall extend under and will cross, run through below the surface of 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 0112.1902;00420281 Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City of Round Rock, the BCRUA, and its member cities and their citizens, to construct and maintain raw water line utility improvements below the surface of the Property, 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 BCRUA, its member cities, and the City and/or its assigns to complete said Project. Section 2. The City Attorney, or his designated agent, has on behalf of the BCRUA, its member cities and the City 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 a voluntary acquisition 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 28th day of March, 2019. ATTEST: 36?Nv' SARA L. WHITE, City Clerk 3 CRAIG MORGAN, City of Round Rock, BCRUA 048 ^ SAMIR N. SETH AND WIFE, ANJA SETH EXHIBIT "All (gjNPartners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 50 FOOT WIDE (0.414 ACRE) SUBSURFACE EASEMENT LOCATED IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 50 FOOT WIDE (0.414 ACRE) STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 15, OF LAKE TRAVIS SUBDIVISION NO. 7, PLAT OF RECORD IN VOLUME 4, PAGE 98 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND INCLUDED IN A DEED TO SAMIR N. SETH AND WIFE, ANJA SETH, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2010096484 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.414 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING A POINT IN THE WEST LINE OF SAID LOT 15, AT THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID LOT 15, BEARS S 21'19'27" E — 47.28'; THENCE N 21°19'27" W — 57.49' WITH THE COMMON LINE BETWEEN SAID LOT 15 AND LOT 14 OF SAID LAKE TRAVIS SUBDIVISION NO. 7, TO A POINT AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH THE NORTHWEST CORNER OF SAID LOT 15 BEARS N 21°19'27" W — 220.43' AND FROM SAID NORTHWEST CORNER A 1/2" IRON ROD FOUND FOR REFERENCE BEARS S 45°12'07" E — 1.55'; THENCE N 39°05'36" E — 314.76' THROUGH THE INTERIOR OF SAID LOT 15, TO A POINT AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT IN THE NORTH LINE OF SAID LOT 15, FROM WHICH A 1/2" IRON ROD FOUND MARKING AN ANGLE POINT IN SAID NORTH LINE BEARS S 77°36'37" W — 164.24'; THENCE N 77°36'37" E — 77.89' WITH THE COMMON LINE BETWEEN SAID LOT 15 AND A CALLED 29.54 ACRE TRACT INCLUDED IN TRACT 3 IN A DEED TO AC SANDY CREEK YACHT CLUB MARINA, LLC, OF RECORD UNDER T.C.C.D. 2017132516 OF SAID O.P.R.T.C.T., TO A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 15 AND THE HEREIN DESCRIBED EASEMENT; THENCE S 03°43'41" E — 2.20' WITH THE COMMON LINE BETWEEN SAID LOT 15 AND LOT 16 OF SAID LAKE TRAVIS SUBDIVISION NO. 7, TO A POINT FOR CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID LOT 15, BEARS S 03°43'41" E — 274.94'; THENCE S 39°05'36" W — 402.47' THROUGH THE INTERIOR OF SAID LOT 15, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.414 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED SURVEY AND EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. SURVEYED: SEPTEMBER 13, 2017 RE EASED: MAY 18, 2018 D F. TF (PWA�RREN TT WARREN L. SIMPSON, R.P.L.S. 4122 L. SIMPSON PROJ NO. 3-00619 :op4Ss2PLAT NO. A3-1453 O� S U R��y FIELD NOTE NO. 048 MAP CHECKED: 05/17/2018-WLS www.WalkerPartners.com TBPE Registration No. 8053 TBPLS Registration No. 10194317 GAProjects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-48.docx BCRUA 048 N. SETH AND WIFE, ANIA SETH LEGEND N `.� LAKE TRAVIS 0 = 12° IRON ROD FOUND �( ) =PLAT CALLS 8e T P.R.T.C.T. = PLAT RECORDS TRAVIS COUNTY, TEXAS W—* E .�^ y AC SANDY CREEK YACHT CLUB MARINA, LLC p -J>VIS COUNTY > CALLED TRACT3ACRES ne"�P�\ON T.0.C.D. -CLERK'S DOCUMENT '/ T.C.C.D. 2017132516 S DESCRIBED IN `UPPP pE w��L O.P.R.T.C.T. ` TTRAVIS COUNICIAL LTY, RECORDS JH SANDYT REEK MARINA LP = EASEMENT AREA �5��2 CALLED 29.54 ACRES 77°36°37" E 9n POa y r T.0.C.D.2006034684 N 77.99 �00 Go F�� N6812'O1"E 118.28' g77° 3706 1243'1 S86 -16'01"W 183.47' 0—s-118.3 87'35'W 183.50') (N 8931' E ') LOT 15 LAKE TRAVIS SUBDIVISION NO.7 y VOLUME 4, PAGE 983^ U 2 2 P R.T.C.T. !� G��1a� w w LOT 16 LAKE TRAVIS SUBDIVISION NO. 7 VOLUME 4, PAGE 98 P.R.T.C.T. \ LOT 14 -- LAKE TRAVIS SUBDIVISION NO. 7 / 99 VOLUME 4, \ PAGE 98 5 SAMIR N. SETH AND WIFE, P.R.T.C.T. / ANJASETHD of T.C.C..201009096484 O.P.R.T.C.T. N8o°3241"E 126019 Z Net°45E� N61.11. S 133 �J Nj6°53��E 132.51 SNRO�t�t. S21°19'27'E 47.28' fNl6° SNr�t�pPvggPR / W 163.1'1 �ptuM TRAVIS COUNTY, TEXAS lSTB°UG 4540^�fl CALLED 814.635 ACRES E 5j6° FIELD NOTE SCHEDULEA-1� 163.53 T.C.C.D. 2009212508 POINT OF BEGINNING O.P.R.T.C.T.f GRID COORDINATES °��� a LINE TABLE N:10140191.70' E:305940359' i. �, 0 LINE DIRECTION LENGTH `� k� I L -i 1 S 03° 43' 4l' E 1 2.20' ` m \ 01 a 1 N LOT 28 ��n29` LAKE TRAVIS SUBDIVISION N0.7 VOLUME 4, PAGE 98 = SURVEYOR'S NOTES: T.C.T. SURVEYED: SEPTEMBER 13, 2011 3 RELEASE DATE: MAY 18, 2018 EXHIBIT FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF OF A 50 FOOT WIDE (0.414 ACRE) SUBSURFACE EASEMENT LOCATED IN AND TITLED: THE RUSE TRANSPORTATION COMPANY SURVEY, ABSTRACT 681, IN 50 FOOT WIDE (0.414) SUBSURFACE EASEMENT LOCATED IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 18, OF LAKE THE RUSK TRANSPORTATION COMPANY SURVEY, TRAVIS SUBDIVISION NO. 7, OF RECORD IN VOLUME 4, PAGE 98 OF a ABSTRACT 881, TRAVIS COUNTY, TEXAS. THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND INCLUDED IN A THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. DEED TO SAMIR N. SETH AND WIFE, ANDA SETH, OF RECORD UNDER w THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OFA a TITLE REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT TRAVIS COUNTY CLERK'S DOCUMENT 2010096484, OF THE OFFICIAL 10 EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN PUBLIC RECORDS OF TRAVIS COUNTY, TERAS. 8 ADDRESSED HEREON. HOWEVER, THE SURVEYOR DOES NOT ' GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) cg WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN 4 HEREON. ,...F. T ,tP••G\STE,4•.� THE BEARINGS AND COORDINATES SHOWN HEREON ARE C7 .�� * �O•�(If BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, •...... •.. N NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL WARREN L. SIMPSON _ POSITIONING SYSTEM OBSERVATIONS. .................. • �.0 4122t,��: � • SURv o ©COPYRIGHT ALL RIGHTS R RUED WARREN L SIMPSON...P L.S. 4122 Z Istmpson@walkerpartnem.c g ry 0 50 100 200 a 4 ��Talker Partners GRAPHIC SCALE IN FEET � �,� engineers � surveyors PLAT NO. A3-1453 PROJ. NO. 3-00619 DRAFTED 05/17/18 600 Austin Avenue, Suile 20 • Wam. Texas 76701 Pnene, 1-254-714-1402 6 TB.P,E.Registration W.9053 TAB E {II FIN NO. 18 FB/PG 3 3/58 DRAWN BY \wLS T B.P.L.S. Registration No. 10032500 Q DWG. NADfE 3.00619ESMT-PARCFI 04R-CFTH-DWT: VAP CHWDUS 17 18 g: