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R-2019-0234 - 6/13/2019RESOLUTION NO. R-2019-0234 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 under approximately 0.012 acre (Parcel 37) 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 SCOTT E. MCCORMACK and GEMMA A. MCCORMACK (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; 00425005 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 13th day of June, 2019. ATTEST: SARA L. WHITE, City Clerk 4AI CRAIG M GA ayor City of Round Ro , Texas 3 BCRUA 037 EXHIBIT "A" Ialker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 0.012 ACRE (532 SQUARE FEET) SUBSURFACE EASEMENT LOCATED IN LOT 3, OF VOLENTE PEAK, PHASE ONE, IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 0.012 ACRE (532 SQUARE FEET) STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 3, OF VOLENTE PEAK, PHASE ONE, PLAT OF RECORD IN TRAVIS COUNTY CLERKS DOCUMENT (T.C.C.D.) 200800208 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND DESCRIBED IN TRACT II, IN A DEED TO JOSEPH P. DORSEY AND WIFE, CLUADIA RUTKOWSKI, OF RECORD IN T.C.C.D. 2007222255 OF THE O.P.R.T.C.T. SAID 0.012 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 AT A POINT IN THE COMMON LINE BETWEEN SAID LOT 3 AND LOT 2 OF SAID VOLENTE PEAK, PHASE ONE, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2❑IRON ROD WITH CAP STAMPED [CHAPARRAL 4995❑FOUND MARKING AN INTERIOR ELL CORNER OF SAID LOT 3 AND THE SOUTHWEST CORNER OF SAID LOT 2 BEARS S 80°31 [28❑W :146.13❑AND ANOTHER 1/2❑IRON ROD WITH CAP STAMPED [CHAPARRAL 4995 ;FOUND MARKING AN INTERIOR ELL CORNER OF SAID LOT 2 AND THE SOUTHWEST CORNER OF LOT 1, OF SAID VOLENTE PEAK, PHASE ONE BEARS N 15.01 D3❑W ❑ 10.98Q THENCE N 80°31'28" E — 59.35' WITH THE COMMON LINE OF SAID LOT 3 AND LOT 2, OF SAID VOLENTE PEAK PHASE ONE, TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE WITH A CURVE TO THE RIGHT, AN ARC LENGTH OF 10.63', HAVING A RADIUS OF 1225.00QA CENTRAL ANGLE OF 0°29150❑AND A CHORD WHICH BEARS S 22°36[48❑W ❑ 10.63❑f0 A POINT IN THE SOUTH LINE OF SAID LOT 3, AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2171IRON ROD WITH CAP STAMPED LCHAPARRAL 4995171FOUND MARKING THE NORTHWEST CORNER OF LOT 14, OF SAID VOLENTE PEAK, PHASE ONE BEARS S 05°26138❑E ❑ 100.W1 THENCE S 80°39'55" W — 59.59' WITH THE COMMON LINE OF SAID LOT 3 AND LOT 4 OF SAID VOLENTE PEAK, PHASE ONE, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2: ;IRON ROD WITH CAP STAMPED [CHAPARRAL 49950FOUND MARKING THE NORTHWEST CORNER OF LOT 8, OF SAID VOLENTE PEAK, PHASE ONE BEARS S 25°36109111W 048.89❑AND S 80°39[55LW ❑ 152.40Q THENCE WITH A CURVE TO THE LEFT, AN ARC LENGTH OF 10.64' HAVING A RADIUS OF 1175.00QA CENTRAL ANGLE OF 0°31 m8❑AND A CHORD WHICH BEARS N 24°09D4. E ❑ 10.64QRETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.012 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. THE DISTANCES SHOWN HEREON ARE SURFACE VALUES. SURVEYED: SEPTEMBER 28, 2017 R EASED: AUGUST 23,201 OF %F �'' .sue/ .................. pso WARREN L. SIMPSON, R.P.L. . 4122 WARREN L. SI .................. PROJ NO. 3-00619 9�jiO.�;E582�:Py�� PLAT NO. A3-144 FIELD NOTE NO. 037 MAP CHECKED: 5/3/2018-WLS www.WalkerPartners.com TBPE Registration No. 8053 j TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\] Survey\1.5 Final Copies\Field Notes\FN-37.docx BCRUA 037 JOSEPH P. DORSEY AND WIFE, CLAUDIA RUTKOWSKI ' LOT 1 ay �>S1� VOLENTE PEAK PHASE ONE ry' a`O� a's1 / / •N T.C.C.D.208 O.P.R.T.C.T.45' / FIELD NOTE �N3 ��,'� 3ti >> POINT OF BEGINNING ���v4 ems• '� II �hh ���a�`i� GRID COORDINATES 24101388TLB2' E3058548.65 '6S• LOT 2 0-2 c' VOLENTE PEAK JOSEPH P. DORSEY AND 1>> PHASE ONE WIFE, CLAUD1ARUTKOWSKI Y 0.012ACRE '1� s T.C.C.D. 2008DOM PORTION OF LOT 3 (532 SQUARE FE 1 O.P.R.T.C.T. AND THE REMAINDER OF CALLED 9.139 ACRES ^�0� EASEMENT r ~ T.C.C.D. 2007222265 Ayi v� tea" a LOT 14 1 N O.P.R.T.C.T. ` �' ao VOLENTE PEAK v y>�„ryy�� \\\\\\ PHASE ONE SCOTT E. McCORMACK v, yyC W 20080020 3 AND WIFE, T.. GEMMAA. McCORMACK S 60°39'55" W 244.93' a^ �yO.P.R.T.C.T. � .C.T. Inh CALLED 1.076 ACRES REMAINDER OF 2���� ` I LEGEND T.C.C.D. 2009122222 LOT 3 `'� 2 y O.P.R.T.C.T. VOLENTE PEAK LOT 8 PHASE ONE N 80°39'55' E VOLENTE PEAK 0 - 112' IRON ROD FOUND WITH CA 1 T.C.C.D. 2008DD208 23644' PHASE ONE STAMPEDTHAPARRAL 4995' 0 ` N26° . O.P.R.T.C.T. O.P.R.T.C.T. T.C.C.D. 20080020E Q 36'19(UNLESS OTHERWISE NOTED) IOv^ (NZB•3640•f 167.2726 ( ) =DEEDIPLATCALLS i T.C.CA. = TRAVIS COUNTY 4u ."� (S 63°23'20' W CLERK'S DOCUMENT LLJ 3 LOT y R 186.32') 0P.R.T.C.T. = OFFICIAL PUBLIC RECORDS VOLENTE PHASE OIEAK S 63°22'39" W TRAVIS COUNTY, TEXAS �� = 2% 166.2T \ U h T.C.C.D. 200800208 2` =EASEMENTAREA O.P.R.T.C.T. BUFFER AREA W `^ ' T.C.454, C.D. O.P.R.T.C.T. (S 60'ST20'E 43.49') � �s' O.P.R.T.C.T. J ' S 60-59.41- E 43.43' _ r (S36.35.59-E 29.65) ,^,�' ' X _ S 36°38'z0" E 29.65' 0 - CURVE TABLE —_ / S36°38'20"E 213.OT T CURVE LENGTH RADIUS DELTA CHORD 1 (S 363559- E 213.10' 1g6 3I W ) T'39 W W 1g B'S) C-1 10.63' 1225.00' 0°29'50- S 22° 36' 48- W-10.63' 1 y' LN�.5T20. C-2 10.W 1175.00' 0.31'08- N 24' 09' 04" E - 10.64' n LOT =I^ VOLENTE PEAK LOT ra PHASE ONE \ LOT 7 VOLENTE PEAK T.C.C.D. 200800208 VOLENTE PEAK PHASE ONE O.P.R.T.C.T. LOT \ PHASE ONE T.C.C.D. 200800208 1 VOLENTE PEAK T.C.C.D. 200800208 O.P.R.T.C.T. PHASE ONE O.P.R.T.C.T. ry � U1 iA IRAVIS COUNTY. TEXAS 1 ` 1 CALLED 3.133 ACRES TRACT 1 N 3y� sv C° T.C.C.D.200800208 O.P.R.T.C.T. o i3 T.C.C.D.2000095194 O.P.R.T.C.T. l �t \ IVP.U.E. \ y / D=22°2844' (D-K2'28'42') '� ' � 15 P.U.E. T.C.C.D. 200800208 O P R T C T R=200.00' (R=200.001 _ L=78.35' (< 78 — T.C.C.D. 200800208 `p LINE TABLE LINE DIRECTION LENGTH L-1 N 80- 31' 28- E 59.35' L-2 S 80' 39' 5S W 59.59' L-3 N 15' 01' 03' W 10.98, L-4 S 25°36'09' W 48.89' \\ / - \ \ CHD=77.8 (CHD=7 7.89 O.P.R.T.C.T. \ N 33' 3T 30' W (N 33° 4v4e'w) \ Ad? — � (N 44°54'09' W 199.13')- - �— N 44°5617" W 199 73' - - — - - -- - \ EXHIBIT SURVEYORS NOTES: OF A 0.012 ACRE (532 SQUARE FEET) SURVEYOR'S NOTES CONTINUED: SUBSURFACE EASEMENT LOCATED IN THE SURVEYED: SEPTEMBER 28,2017 RUSK TRANSPORTATION COMPANY SURVEY, RELEASE DATE: AUGUST 23,2018 THE SURVEYOR DID NOT ABSTRACT THE SUBJECT ABSTRACT 681 IN TRAVIS COUNTY, TEXAS, TRACT. THIS SURVEY WAS PERFORMED WITHOUT THE BEING A PORTION OF LOT 3, OF VOLENTE FIELD NOTES ATTACHED HERETO, MADE PART BENEFIT OF A TITLE REPORT, THEREFORE THE PEAK, PHASE ONE, PLAT OF RECORD IN TRAVIS HEREOF AND TITLED: SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS COUNTY CLERICS DOCUMENT 200800208 OF 0,012 ACRE 532 SQUARE FEET) SUBSURFACE ( BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER, THE SURVEYOR DOES NOTGUARANTEE THE OFFICIAL PUBLIC RECORDS OF TRAVIS EASEMENT LOCATED IN LOT 3, OF VOLENTE PEAK, THAT ALL EASEMENTS, RESTRICTIONS OR COUNTY, TEXAS AND A PORTION OF A CALLED PHASE ONE, IN THE RUSK TRANSPORTATION COMPANY ENCUMBRANCES (EITHER OF RECORD OR NOT OF 9.139 ACRE TRACT DESCRIBED IN TRACT II, IN SURVEY, ABSTRACT 651, TRANS COUNTY, TEXAS. RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE DEED TO JOSEPH P. DORSEY AND WIFE, SHOWN HEREON. CLAUDIA RUTKOWSKI, OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT 2DO7222255 OF F % THE BEARINGS AND COORDINATES SHOWN HEREON THE OFFICIAL PUBLIC RECORDS OF TRAVIS FR• A61`650 ARE BASED UPON THE TEXAS STATE PLANE COUNTY, TEXAS. Fes• N COORDINATE SYSTEM, NAD 83, CENTRAL ZONE simpmn@w Iakerrpartners.com'S.4122 © COPYRIGHT ALL RIGHTS RESERVED walker Partners engineers * surveyors 804 Las Cimas Pkwy., Suge 1500 Austin, Texas 78746 Phone: 1-512-382 00210 T.B.P.E. Registration No. 8053 T.B.P.L.S. Registration No. 10194317 ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS, THE DISTANCES SHOWN HEREON ARE SURFACE VALUES. TO COMPUTE GRID VALUES MULTIPLY SURFACE DISTANCE BY AVERAGE COMBINED SCALE FACTOR OF 0.9998700169. (SURF X CSF = GRID) 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. A3-1447 PROJ. NO. 3-00619 DRAFTED OS 03 16 TAB EXH F/N NO. 037 FB/PG 3-4 21 DRAWN BY WLS DWG. NAME 3-Ml9ESMT-PARCEL 037 - DORSEY.DWG MAP CHKD OS 03 l8