R-2019-0292 - 7/25/2019 RESOLUTION NO. R-2019-0292
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 0.035 acre (Parcel 17) 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 INLAND
WESTERN ROUND ROCK FOREST COMMONS LIMITED PARTNERSHIP an Illinois
limited partnership (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;00427529
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.
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 25th day of July, 2019.
CRAIG d ORGA ayor
City of Round RoTexas
ATTEST:
J
2j&WL ,
SARA L. WHITE, City Clerk
3
03-22-2018
03-06-2019
EXHIBIT Rcv. Page 1 of 4
County: Williamson
Parcel : 17
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 17
DESCRIPTION OF A 0.035 ACRE (1,502 SQUARE FOOT) TRACT OF LAND SITUATED iN
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, iN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 7, BLOCK "A" (3.041 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 AND ASSUMPTION TO INLAND WESTERN ROUND ROCK FOREST COMMONS
LIMITED PARTNERSHIP RECORDED IN DOCUMENT NO, 2004094866 OF THE OFFICIAL
PUBLIC RECORDS OF WiLLIAMSON COUNTY, TEXAS, SAID 0.035 ACRE (1,502 SQUARE
FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2 inch iron rod with plastic cap (unreadable) found
298.63 feet left of proposed Gattis School Road Baseline Station 172+95.06, being the
northeasterly corner of Lot 8, said Stonecrest Retail Subdivision, same being an ell corner in the
southerly boundary line of said Lot 7;
THENCE, with the common boundary line of said. Lot 8 and said Lot 7, S 03030'37" E, for a
distance of 227.12 feet to an iron rod with aluminum cap stamped "ROW 4933" (Grid
Coordinates determined as N=10155133.85, EW3152441.31 TxSPC Zane 4203) set 75.47 feet
left of proposed Gattis School Road Baseline Station 173+37.29 in the proposed northerly right-
of-way (ROW) line of said Gattis School Road, for the northwesterly corner and POiNT OF
BEGINNING of the herein described tract;
1) THENCE, departing said Lot 8, with said proposed northerly ROW line, through the
interior of said Lot 7, S 83°19'18" E, for a distance of 50,72 feet to an iron rod with
aluminum cap stamped "ROW 4933" set 76.38 feet loft of proposed Gattis School Road
Baseline Station 173+88.00, being in the common boundary line of said Lot 7, and Lot 6,
Block "A" said Stonecrest Retail Subdivision, for the northeasterly corner of the herein
described tract, and from which a 112" iron rod found, being the northwesterly corner of
said Lot 6, same being an ell corner in said southerly boundary line of Lot 7 bears
N 03000'10"W, at a distance of 146.41 feet;
2) THENCE, departing said proposed northerly ROW line, with the common boundary line
of said Lot 7 and said Lot 6, S 03000'10" E, for a distance of 30.80 feet to an "X" found
cut in concrete in the existing northerly ROW line of Gattis School Road (ROW width
varies), being an ell corner in said southerly boundary line of Lot 7, same being the
southwesterly corner of said Lot 6, for the southeasterly corner of the herein described
tract;
Page 2 of 4
3) THENCE, departing said Lot 6, with said existing ROW line, same being the southerly
boundary line of said Lot 7, N 81040114" W, for a distance of 60.98 feet to an "X" found
cut in concrete, being an ell corner in said southerly boundary line of Lot 7, same being
the southeasterly corner of said Lot 8, for the southwesterly corner of the herein
described tract, and from which, a 1/2 inch iron rod with plastic cap stamped "Waterloo
4324"found, being an angle point in said existing northerly ROW line, same being in the
southerly boundary line of said Lot 8 bears N 81030'43"W, at a distance of 130.35 feet;
4) THENCE, departing said existing ROW line, with the common boundary line of said Lot
7 and said Lot 8, N 0300013711 W, for a distance of 29.31 feet to the POINT OF
BEGINNING, containing 0.035 acre (1,502 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 1, 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.
M. Stephen Trues'dale
Date
F
Registered Professional Land Surveyor No. 4933
Y
Licensed State Land Surveyor
Inland Geodetics, LLC :0-
Firm Registration No: 100591-00 t M,81'(:N.JEN,InUESDALF
1504 Chisholm Trail Road, Suite 103 % 4933
0 All,
Round Rock, TX 78681
5:\ BROWN&G"\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 17-INLAND WESTERN ROUND ROCK
FOREST COMMONS-LP\PARCEL 17-INLAND WESTERN-LOT 7 STONECREST.doc
EXHIBIT „A,r
PLAT TO ACWMPANY PARCEL DESCRIPTION REV: 63/06/19
03/22/18
PAGE 3 OF 4
NUMBER DIRECTION DISTANCE
l i 'il L1 S83 19' 18"E 50. 72'
L2 503.00' 10"E 30. 801, N
L3 NO3-00'.37"W 29. 31
0 30 60
P.0. R.
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STA. 172+95.06
0114collf ELECTRIC 298.63' LT 60
Io N"I
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1.2.48 AC,
DOC. rl'o. 200110)1532 1 INLAND WESTERN ROUND ROCK
0.P.R.41 c.1. FOREST COMMONS PARTNERSHIP
DOC. NO. 2004094866
<v0.P.R.W.C.T.
Cily 01,
VIA I f:fZL I 1`�E EASIW(,.)I I
STONECREST RETAIL SUBDIVISION N I I
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CAB. V, SLIDE 360-361 it FlArl t TO
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_w PARCEL PLAT SHOWING PROPERTY OF
I N L A N D u
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GEODETICS _j
FOREST COMMONS PARTNERSHIP PARCEL 17
VPROFE3SIONAL LAND SURVEYORS
ISO C
I SO4 CHISHOLM TRAIL RD.STE.103
81
ROUND ROCK,TX 786 SCALE PROJECT COUNTY
PH,(SI 2)238-1200,FAX(512)238-1251
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FIRM REGISTRATION ND.100591-00 1 60' GATTIS SCHOOL ROAD WILLIAMSON
I.
S;\xBROWN&GAY\GATTIS, SCHOOL-REDBUD TO VIA SONMIA\PARCELS\PARCEL 1I7-tNLAND WESTERN ROUND ROCK FOREST COOMONS-LP\PARCEL 17-I.W.R.R.F.C,L.P.don
EXHIBIT "A ,.
PLAT TO ACCOMPANY PARCEL DWRIP TION REVi 03/06/19
03/22/18
LEGEND C CENTER LINE PAGE 4 OF 4
...........
FENCE CORNER POST FOUND
o Y2" IRON ROD FOUND UNLESS NOTED E PROPERTY LINE
) RECORD INFORMATION
0 Y2" IRON ROD FOUND W/PLASTIC CAP LINE BREAK
0 COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP
(9) Y2" IRON PIPE FOUND UNLESS NOTED P.O. B. POINT OF BEGINNING
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
A CALCULATED POINTWILLIAMSON COUNTY, TEXAS
0.R.W.C. T. OFFICIAL RECORDS
0 Y2" 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 are based on grid bearing. All distances are surface distances. Coordinates are
surface values based on the Texas State Plane Coordinate System, NAD 83, Centro] Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO, 1845377-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE NOVEMBER 13, 2018, ISSUE DATE NOVEMBER 20, 2018.
1. RESTRICTIVE COVENANTS: CABINET V, SLIDE 360, DOCUMENT NOS. 199961930, 2001019243, 2001019244, SUBJECT TO,
2001003876, ORDINANCE AFFECTS, 2002009653, 2002009654, SUBJECT TOp 2002035940, DOES NOT AFFECT, OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
IOA. BUILDING SETBACK LINES AS SET FORTH IN INSTRUMENT RECORDED IN DOCUMENT NO. 199961930, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
B. 10 FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE AS SHOWN ON PLAT AND DEDICATION AS SET OUT
IN SCHEDULE A, AFFECTS AS SHOWN.
C. WATER LINE EASEMENT TO CITY OF ROUND ROCK RECORDED IN DOCUMENT NO. 2002092811, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN,
D. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT RECORDED IN DOCUMENT NO. 199961930, AND AMENDED IN
DOCUMENT NO. 2001020940, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
E. TERMS, CONDITIONS, AND STIPULATIONS, IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001003876, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ORDINANCE AFFECTS AND SUBJECT TO.
F. TERMS, CONDITIONS, AND STIPULATIONS, IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019243 AND AMENDED IN
DOCUMENT NO. 2002009653, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO,
G. TERMS, CONDITIONS, AND STIPULATIONS, IN THE AGREEMENT RECORDED IN DOCUMENT NO. 2001019244 AND AMENDED IN
DOCUMENT NO. 2002009654, SUBJECT TO, AND DOCUMENT NO. 2005003517, AFFECTS AND SUBJECT TO, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
H. TERMS, CONDITIONS, AND STIPULATIONS, IN THE AGREEMENT RECORDED IN DOCUMENT NO, 2002013417, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. oog
•
1 0
.Ile 'F
T
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE
$too 140'k4o At Its 61104,491"0464
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE M.$1VPK-NTflUf8DALE
44*4 vitit"4"44#*"a
GROUND UNDER 4X DIRECT SUPERVISION.
Vo 4933
0
L/t/L
Ab I
M. STEPHEN TRUErSDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 Ators—700ARE FEET
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC ACQUISITiaN 0.035 1,502
FIRM REGISTRATION NO, 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103 CALC/DEED AREA 3.041 132,466
ROUND ROCK, TEXAS 78681 REMAINDER AREA 3.006 1301964
-W PARCEL PLAT SHOWING PROPERTY OF
I N L A N D u
J INLAND WESTERN ROUND ROCK
GEODETICS .)
I L VPROPESSIONAL LAND SURVEYORS FOREST COMMONS PARTNERSHIP
150 C PARCEL 17
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681
I
rl S SCALE PROJECT COUNTY
Pil.(S12)238-1200,FAX(5 12)238-)251
-M FIRM REGISTRATION NO.I00591-00 1 60' GATT IS SCHOOL ROAD WILLIAMSON
S1\118ROINN&GAMATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 17-INLAND WESTERN ROUND ROCK FOREST COMMONS-LP\PARCEL 17-I.W.R.R.F.C.L.P.dgn