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R-2019-0141 - 3/28/2019RESOLUTION NO. R-2019-0141 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 0.524 acre (Parcel 41) 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 JO ANN SMOTHERS WALKER (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; 00420277 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. 0) 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: �xm,ft�w- SARA L. WHITE, City Clerk 3 CRAIG MORGAN, Wyor City of Round Rock exas BCRUA 041 JO ANN SMOTHERS WALKER ker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 EXHIBIT "A" 50 FOOT WIDE (0.524 ACRE) SUBSURFACE EASEMENT LOCATED IN THE RUSK TRANSPORTATION SURVEY, ABSTRACT 681 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 50 FOOT WIDE (0.524 ACRE) STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION SURVEY, ABSTRACT 681, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 9, OF LAKE TRAVIS SUBDIVISION NO. 7, PLAT OF RECORD IN VOLUME 4, PAGE 98 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS (P.R.T.C.T.) AND CONVEYED TO JO ANN SMOTHERS WALKER BY THE ESTATE OF CATHERINE SMOTHERS, IN A PROBATE OF WILL RECORDED IN VOLUME 1001, PAGE 1978 OF THE PROBATE RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.524 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 NORTH RIGHT-OF-WAY LINE OF LIME CREEK ROAD (VARIABLE WIDTH R.O.W.) AND THE SOUTH LINE OF SAID LOT 9, AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID LOT 9, BEARS N 69°40'12" W - 51.50'; THENCE THROUGH THE INTERIOR OF SAID LOT 9 THE FOLLOWING TWO (2) CALLS: 1. AN ARC LENGTH OF 329.08' WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1225.00', A CENTRAL ANGLE OF 15°23'31" AND A CHORD WHICH BEARS N 31°23'50" E - 328.10' TO A POINT AT THE END OF SAID CURVE, 2. N 39°05'36" E - 142.87' TO A POINT AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE SOUTH RIGHT OF WAY LINE OF LIME CREEK ROAD AND THE NORTH LINE OF SAID LOT 9; THENCE S 33°57'13" E - 52.27' WITH THE NORTH LINE OF SAID LOT 9 AND THE SOUTH RIGHT OF WAY LINE OF LIME CREEK ROAD, TO A POINT FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 9 BEARS S 33°57'13" E - 191.58'; THENCE THROUGH THE INTERIOR OF SAID LOT 9 THE FOLLOWING TWO (2) CALLS: 1. S 39°05'36" W - 127.63' TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT, 2. AN ARC LENGTH OF 312.71' WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1175.00', A CENTRAL ANGLE OF 1514'54" AND A CHORD WHICH BEARS S 31'28'09" W - 311.78' TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE NORTH RIGHT OF WAY LINE OF LIME CREEK ROAD AND THE SOUTH LINE OF SAID LOT 9, FROM WHICH A 1/2" IRON PIPE FOUND MARKING AN ANGLE POINT IN THE SOUTH LINE OF SAID LOT 9 BEARS S 69°40'12" E - 4.33'; THENCE N 69°40'12" W - 50.09' WITH THE SOUTH LINE OF LOT 9 AND THE NORTH RIGHT OF WAY LINE OF LIME CREEK ROAD. RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.524 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 20, 2017 RE EASED: MAY 10, 2018 Q F TF (W��AR�'E`N` .•GASTER,••-� ..........WARREN L. SI PSON, R.P.L.S. 4122 L. SIMP90..........0.00. PROJ NO. 3-0061904122PLAT NO. Al -1448 iO•.; <,- FIELD NOTE NO. 041 3 U Rv MAP CHECKED: 05/08/2018-WLS www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 G:\Projects\300619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-41.docx LEGEND • = IT IRON ROD FOUND O = 12' IRON PIPE FOUND D.R.T.C.T. = DEED RECORDS TRAVIS 0.R.T.C.T. COUNTY, TEXAS T.C.C.D. = TRAVIS COUNTY CLERK'S DOCUMENT O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS TRAVIS COUNTY, TEXAS BCRUA 041 JO ANN SMOTHERS WALKER LOT 10 B THE RESUBDIVISION OF LOT 10 LAKE TRAVIS SUBDIVISION NO.7 o� VOLUME 101, PAGE 328 P.R.T.C.T. yl I I I I 1 I ILOT 8-A REPLAT OF LOT 8 LAKE TRAVIS SUBDIVISION NO.7 I T.C.C.D, 200700328 O.P.R.T.C.T. 1 LINE TABLE LINE DIRECTION LENGTH LOT LAKE TRAVIS SUBDIVISION NO.7 VOLUME 4, PAGE 98 N 33°57'13" W P.R.T.C.T. 31.15' 0.524 ACRE EASEMENT D=15"29131" R-1225.00' CHD=328.10' N 31'23 50" E FIELD NOTE INT OF BEGINNI' GEORGE E. SMOTHERS AND WIFE, CATHERINE H. SMOTHERS VOLUME 1701, PAGE 172 0.R.T.C.T. ` c" JO ANN SMOTHERS WALKER D=15.14.54" CAUSE NO. 55,146 VOLUME 1001, PAGE 1978 R-1175.00' PROBATE RECORDS OF a TRAVIS COUNTY, TEXAS. .4. GRID COOEDINATES II \ G��4a �'�?� 7 S��h h N:10139358.12' E305871851' �' Ilk C� �0� ,61 rp' � SURVEYOR'S NOTES: c� $ �� EXHIBIT SURVEYED: SEPTEMBER 20,2017 OF A 50 FOOT WI6E,(0S24 ACRE) SUBSURFACE EASEMENT LOCATED IN THE RUSK TRANSPORTATION COMPANY RELEASE DATE: MAY 10, 2018 SURVEY, ABSTRACT 681 IN TRAVIS COUNTY, TEXAS, BEING FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: A PORTION OF LOT 9 OF LAKE TRAVIS SUBDIVISION NO. 7, 50 FOOT WIDE (0.524) SUBSURFACE EASEMENT LOCATED IN THE RUSK PLAT OF RECORD IN VOLUME 4, PAGE 98 OF THE PLAT TRANSPORTATION SURVEY, ABSTRACT 681, TRAVIS COUNTY,TEXAS. RECORDS OF TRAVIS COUNTY, TEXAS AND CONVEYED TO THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS IO ANN SMOTHERS WALKER BY THE ESTATE OF SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, CATHERINE SMOTHERS, IN A PROBATE OF WILL THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE RECORDED IN VOLUME 1001, PAGE 1978 IN THE PROBATE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON, HOWEVER, RECORDS OF TRAVIS COUNTY, TEXAS. THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN (SOF T HEREON. THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. © COPYRIGHT ALL RIGHTS RESERVED WARREN L. SIMPSON, R.P.L.S. 4122 lsimpwn@wWkefpartners.com walker Paxmers - '' engineers *surveyors 804 Les Clmes Pkwy., Suite 150• Austin, Texas 78746 Phone: 1.512.982-0021 • T.B.P.E. Registration No. 8053 T.B,P.L.S, ReglaMtlon No. 10194317 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. Al -1448 PROJ. NO. 3-00619 DRAFTED 05/08/18 TAB NA F/N NO. 041 FB/PG 3-4/21 DRAWNBY TFG M DWG, NAME 3-00619ESNT-PARM 041-W_kXER.OWG MAP CHILD 05/08/1 LOT LAKE TRAVIS ` c" D=15.14.54" SUBDIVISION NO.7 R-1175.00' VOLUME 4, PAGE 98 7�7p/ L=312.71' CHD=311,78' P.R.T.C.T. / 331808"W S 69°40'12' E 4.33' h. 1%11 `OC +4,"S.I�yy,, 95 0 9'f7. dA\ GRID COOEDINATES II \ G��4a �'�?� 7 S��h h N:10139358.12' E305871851' �' Ilk C� �0� ,61 rp' � SURVEYOR'S NOTES: c� $ �� EXHIBIT SURVEYED: SEPTEMBER 20,2017 OF A 50 FOOT WI6E,(0S24 ACRE) SUBSURFACE EASEMENT LOCATED IN THE RUSK TRANSPORTATION COMPANY RELEASE DATE: MAY 10, 2018 SURVEY, ABSTRACT 681 IN TRAVIS COUNTY, TEXAS, BEING FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: A PORTION OF LOT 9 OF LAKE TRAVIS SUBDIVISION NO. 7, 50 FOOT WIDE (0.524) SUBSURFACE EASEMENT LOCATED IN THE RUSK PLAT OF RECORD IN VOLUME 4, PAGE 98 OF THE PLAT TRANSPORTATION SURVEY, ABSTRACT 681, TRAVIS COUNTY,TEXAS. RECORDS OF TRAVIS COUNTY, TEXAS AND CONVEYED TO THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS IO ANN SMOTHERS WALKER BY THE ESTATE OF SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, CATHERINE SMOTHERS, IN A PROBATE OF WILL THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE RECORDED IN VOLUME 1001, PAGE 1978 IN THE PROBATE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON, HOWEVER, RECORDS OF TRAVIS COUNTY, TEXAS. THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN (SOF T HEREON. THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. © COPYRIGHT ALL RIGHTS RESERVED WARREN L. SIMPSON, R.P.L.S. 4122 lsimpwn@wWkefpartners.com walker Paxmers - '' engineers *surveyors 804 Les Clmes Pkwy., Suite 150• Austin, Texas 78746 Phone: 1.512.982-0021 • T.B.P.E. Registration No. 8053 T.B,P.L.S, ReglaMtlon No. 10194317 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. Al -1448 PROJ. NO. 3-00619 DRAFTED 05/08/18 TAB NA F/N NO. 041 FB/PG 3-4/21 DRAWNBY TFG M DWG, NAME 3-00619ESNT-PARM 041-W_kXER.OWG MAP CHILD 05/08/1