R-2019-0191 - 5/9/2019RESOLUTION NO. R-2019-0191
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 0.137 acre (Parcel 18) 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
COMPASS BANK, an Alabama banking corporation (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; 00422838
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
Project.
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.
YJ
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 9th day of May, 2019.
ATTEST:
W)v*LkftW7—
SARA
L. WHITE, City Clerk
3
CRAIG VORGT; Mayor
City of Round R ck, Texas
EXHIBIT 01-03-2018
Page 1 of 4
„A»
County: Williamson
Parcel : 18
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 18
DESCRIPTION OF A 0.137 ACRE (5,975 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL
JENKINS SURVEY, ABSTRACT NO, 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 6,
BLOCK "A" (0.977 ACRES), STONECREST RETAIL SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET V,
SLIDES 360-361 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN SPECIAL
WARRANTY DEED TO COMPASS BANK RECORDED IN DOCUMENT NO. 2002071224 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.137 ACRE (5,975 SQUARE FOOD TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2" iron rod found 220.23 feet left of proposed Gattis School Road Baseline
Station 173+60.80, being the northwesterly corner of said Lot 6, same being an ell corner in the southerly boundary
line of Lot 7, Block "A" of said Slonecrest Retail Subdivision;
THENCE, with the common boundary line of said Lot 6 and said Lot 7, S 03°00'10" E, for a distance of 146.41 feet to
an iron rod with aluminum cap stamped "ROW 4933" (Grid Coordinates determined as N=10155127.96,
E=3152491.67 TxSPC Zone 4203) set 76.38 feet left of proposed Gattis School Road Baseline Station 173+88.00 in
the proposed northerly right-of-way (ROW) line of Gattis School Road (ROW width varies), for the northwesterly
corner and POINT OF BEGINNING of the herein described tract;
THENCE, departing said Lot 7, with said proposed northerly ROW line, through the interior of said Lot 6, the following
three (3) courses:
1) S 80045'13" E, for a distance of 152.17 feet to an iron rod with aluminum cap stamped "ROW 4933" set
72.29 feet left of proposed Gattis School Road Baseline Station 175+40.12, for an angle point;
2) S 74°02'17" E, for a distance of 47.49 feet to an iron rod with aluminum cap stamped "ROW 4933" set 65.47
feet left of proposed Gattis School Road Baseline Station 175+87.12, for a point of curvature of a non -
tangent curve to the left;
3) Along said non -tangent curve, having a delta angle of 00036'51", a radius of 1934.53 feet, an arc length of
20.74 feet and a chord which bears S 82°36'03" E, for a distance of 20.74 feet to an iron rod with aluminum
cap stamped "ROW 4933" set 65.47 feet left of proposed Gattis School Road Baseline Station 176+08.56,
being in the easterly boundary line of said Lot 6, same being in the westerly boundary line of Lot 2, Block "A"
said Stonecrest Retail Subdivision, for the northeasterly corner of the herein described tract, and from which,
a 1/2" iron rod with plastic cap (unreadable) found, being the northeasterly corner of said Lot 6, an ell corner
in said westerly boundary line of Lot 2 and also being in the southerly boundary line of said Lot 7, bears
N 02°30'14" W, at a distance of 196.07 feet;
4) THENCE, departing said proposed northerly ROW line, with the common boundary line of said Lot 6 and
said Lot 2, S 02030'14" E, for a distance of 20.13 feet to an "X" found cut in concrete in the existing northerly
ROW lino of Gattis School Road (ROW width varies), being the southeasterly corner of said Lot 6, same
being the southwesterly corner of said Lot 2, for the southeasterly corner of the herein described tract, and
from which, an "X" found cut in concrete in said existing ROW line of Gattis School Road, being the
southeasterly corner of said Lot 2 bears S 84°05' 47" E, at a distance of 39.48 feet;
Ti-iENCE, departing said Lot 2., with said existing ROW line, same being the southerly boundary line of said Lot 6, the
following two (2) courses:
5) N 84°09'16" W, for a distance of 60.6G feet to a 1/2" iron rod with plastic cap stamped "Baker-/licklen"
found;
Page 2 of 4
6) N 81°27'03" W, for a distance of 157.09 feet to an "X" found cut in concrete, being the southwesterly corner
of said Lot 6, same being an ell comer in the southerly boundary line of Lot 7, for the southwesterly corner of
the herein described tract, and from which, an "X" found cut in concrete in said existing northerly ROW line,
being an ell corner in the southerly boundary line of said Lot 7, same being the southeasterly corner of Lot 8,
Block "A" said Stonecrest Retail Subdivision bears N 81 °40'14" W, at a distance of 50.98 feet-,
7) THENCE, departing said existing ROW line, with the common boundary line of said Lot 7 and said Lot 6,
N 03°00'10" W, for a distance of 30.80 feet to the POINT OF BEGINNING. containing 0,137 acre (5,975
square feet) of land, more or less.
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 H ND AND SEAL at Round Rock, Williamson County, Texas.
��rl// I
l • J t. . i't.t'. f/t
M. Stephen Trues ale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodelics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Date
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EXHIBIT „ti-„
PLAT TO ACCOMPANY PARCEL DESCRIPTION
--.1 . .. ........
NUMBER
DIRECTION
DISTANCE
LI
S74*02'17"E
47.49,
L2
L3
S02*30'14"E
20.13,
S84*05'47'E
39.48'
(L3)
(N81'59'28"W)
(39.43')
L4
N84.09' 16"W
60.66'
—.(L4)
(N8 I* 59'28"W)
(60.74')
L5
NO3'00'10"W
30.80'
01/03/18
PACE 3 OF 4
30 60
STONECREST RETAIL 1" = 60'
SUBDIVISION LOT 7
CAB. V. SLIDE 360-361
P 0 R P. R. W. C. T. �(3.041 AC, LOT 2
STA. *1737-60. 80 7.650 AC.)
2201.23' LT
P? 0'
xJ." 0 C
CO
LOT 8 U)
LOT 6
(0.965 AC.) (0.977 AC.)
UJI
COMPASS BANK
rn DOC. NO. 2002071224
1;0 rn 0. P. R. W. C. T.
P. 0. B. LOT 5
STA. 73 (0.798 AC.)
;88.00
7 L STA. 175,87. 12r)
0 --GRID COORDINATESs 65.47' LT
i"T, 1 11111127�96
E=3152491.67
:315249 1. 7
STA. 175-40.12 —
S80. 72.29' LT z
45' 13-C 01
Lf) 152. 17,
'Pnopo ED
0. ly STA 176-08.56
02y1
r' N8^1''9
EXtST IA 65.47' LT
5o. 0 0. 7 2 7
98 ALr - 05')
173,0C
f1.,27 _ -M
15
•0 "1157.,09 Q 4)
GA T T I - . — 1 L`4
C. iv, VAOIES) R(0) D
(R. S SCHOOL
A 18
17 PROPOSED
S
--SCHOOL)ANE 0. 137 AC.
SAsq 5,975 SO. FT.
!75.00
rV
76 00
tn
CL
NUMBERI DELTA RADIUS LENGTH CHORD
L 20
C
CHORD BEARING
S82*36'03"E
PARCEL PLAT SHOWING PROPERTY OF
INLANDu
GEODETICS.i J
COMPASS BANK
PROFFSSIONAL LAND SURVEYORS
1504 CHISIIOLM TRAIL RD. ST[. 103 PARCEL 18
ROUND ROCK, TX 78681 SCALE PROJECT COUNTY
PH. (512) 238-1200, FAX (SI 2) 238-1251
FIRM REGISTRATION NO. 100591-00 MWJ 1 60' GATT I S SCHOOL ROAD r 4'1 I LL I AMSON
Ss\-BR0VlN&0AY\GATTI5 SCIIODL-REDBUD TO VIA S0NOMA\PARCELS\PARCEL 18-CO?APASS-BANK\PARCEL 18 -COMPASS -BANK, dgn
�=m
PLAT TO ACCOMPANY PALItCLL l)I scimyrlON
LEGEND
* FENCE CORNER POST FOUND
Q I/Z" IRON ROD FOUND UNLESS NOTED
C' I/Z" IRON ROD FOUND W/PLASTIC CAP
0 COTTON GIN SPINDLE FOUND
n I/z" IRON PIPE FOUND UNLESS NOTED
X X CUT FOUND
A 60/D NAIL FOUND
A CALCULATED POINT
0 %z" IRON ROD W/ ALUMINUM CAP
STAMPED "ROW -4933" SET
(UNLESS NOTED OTHERWISE)
q CENTER LINE
2 PROPERTY LINE
( ) RECORD INFORMATION
-1/1- LINE BREAK
IV DENOTES COMMON OWNERSHIP
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
N.T.S. NOT TO SCALE
D. R. W. C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0. R. V/. C. T. OFFICIAL RECORDS
WILLIAMSON COUNfY, TEXAS
0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
F'. R..9. C. T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
I) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83, CENTRAL ZONE.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT,
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT
NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND THAT TIME PROPERTY
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UND7 MY/DIRECT-SUPERVISION.
o
M. STE HEN fRUESOALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GC-ODF.TICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
01/03/18
PAGE 4 OF 4
ACQUISITION
0.137
5,975
CALC/DEED AREA
0,977
42,558
RFMA I NO[_.R AREA
0,840
36,583
...................._........-__.._.._......_ PARCEL PLAT SHOWING PROPERTY OF
FGEODETICS.i
LA N Du
COMPASS BANK"]SIONAL LAND SURVEYORS I� ARCEL '8IISFiOIhi TRAIL RD. STE. 103II / 1"S (�(JUND ROCK, TX. 78681 SCALE PROJECT COUNTY
238- 1200, FAX (S l 2) 238- I 1 i I
\mDROWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL I8- COMPASS- BANK\PARCEL IB-COMPASS-BANK.dgn