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R-2019-0343 - 8/22/2019 RESOLUTION NO. R-2019-0343 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 drainage utility improvements to and within Greenfields Subdivision and Oak Bluff Estates Subdivision, and to perforin 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 drainage easement interest in, under and across approximately 0.026 acre of land, and temporary construction workspace easement interest in and across two parcels being approximately 0.036 acre of land and 0.040 acre of land, all located in Williamson County, Texas and more particularly described by metes and bounds or as shown on the plat to accompany parcel description in Exhibit "A" attached hereto, such property being owned by JACOB STEVENS (the "Property"), for the public use of construction, reconstruction, widening, maintaining, and operating of subsurface storm sewer drainage utility improvements and related facilities, 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 apart 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 and under 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;00429677 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 drainage storm sewer 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 and the City Utility Department, or their designated agent, shall on behalf of the City to attempt to negotiate, settle and agree on compensation to be paid to the owners of any interest in the Property, and shall make 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 or 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. 2 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. 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 22nd day of August, 2019. -/' A z CRAIG O G , Mayor City of Round R ck, Texas ATTEST: LL WAI - (/�" SARA L. WHITE, City Clerk 3 CP&Y j- Partners for BBetter Quality ofLife EXHIBIT"All � Variable Width Drainage Easement / | METES AND BOUNDS DESCRIPTION OFA ' O.O2OACRE TRACT OFLAND OUT DFTHE | JACOB STEVENS TRACT � LOCATED |NVV|LLiA&4GONCOUNTY, TEXAS BEING A 0.026 ACRE TRACT OF LAND SITUATED IN THE ROBERT &4cNUTTGURVEY' ABSTRACT NO. 422, VV|LL/AK8SON COUNTY, TEXAS; BEING PART OF LOT 11, BLOCK TWO, GREENF/ELO8. ASUBDIVISION RECORDED |NCABINET O. SLIDES 188-107. PLAT RECORDS OF VV|LL/AM8ON COUNTY. TEXAS (P.R.N(C.T.); SAID 0.026 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BYMETES AND BOUNDS A8FOLLOWS: COMMENCING at o 1/2-inch nod found marking the common northernmost corner of said Lot 11 and the southwest corner of Lot 12' Block Two of said subd}v|oion, said point also being on the east right-of-way (R.O.VV.) line of Evergreen Ohvo(50' R.O.VV.); THENCE with the common north Una of said Lot 11 and the south line of said Lot 12, South 85" 03' 41" East, a distance of 162.17 feet for the POINT OF BEGINNING and the northernmost northwest corner uf the herein described tract, and having Texas Central 8bab* Plane Coordinate 8yebsm grid values of N=10.165,803.00. E=3'154.707.08; THENCE continuing with the common north line of said Lot 11 and the mouth line of said Lot 12. (1-1) South 65" 02'41" East, ad|otanoe of 28.15 feet to o calculated point for the common northeast corner of said Lot 11, the southeast corner of said Loi 12, and being on the west line of Lot 28, Block A' Oak Bluff Eatobyo Phase 2, a subdivision recorded in Cabinet F. OUdao 253'259. P.R.W.C.T' for the northeast corner ofthe herein described tract; THENCE with the aeat line of said Lot 11, and partway with the west line of said Lot 20 and partway with the west line ofLot 27 of said Block A, (1-2) South 02" 37° 11" Eamt, a distance of 113.00 feet to a calculated point for the southeast corner ofthe herein described tract; THENCE traveling through the interior of said Lot 11, the following four(4)calls: 1. (1-3) South 87" 22' 4@" Weet, a distance of 5.00 feet to a co|ou|ebad point for the southwest corner o[the herein described boct' . 2. (1-4) North 02~ 37` 1Y"VVaat, a distance of 76.46 feet to o oa|ou|etad point for o corner of the herein described treot' . 3. (1-5) North 32" 37' 11" VVwmt, o d|absnoe of 39.90 feet to a cu|ou|abad point for a corner of the herein described tract; 4. (LO) North 02" 37' 11"West, e distance of 15.00 feet to the POINT OF BEGINNING and containing 0.026 acre of land more or |eao, based on the survey and exhibit drawing madebyCP&Y. /no. /oxmmn/mTrail,Suite 1no Round Rork,Texas 7868/ Page 1. of ��onrw wo1o.2*ao06o'mu12�o46,0x59 Exhibit"A" continued Description of a 0.026 acre tract Temporary Construction Easement In addition, it is intended to create two (2) variable width Temporary Construction Easements. The north Temporary Construction Easement is adjacent to a portion of the west line of the above-described Drainage Easement and the south Temporary Construction Easement is adjacent to a portion of the south line of said Lot 11. These Temporary Construction Easements contain a computed area of 0.036 acre of land to the north and 4.946 acre of land to the south (combined area of 0.076 acre). This metes and bounds description is accompanied by an exhibit drawing. Basis of Bearings: Bearings are based on the Texas Central Zone Coordinate System, NAD '83 (HARN '93), which is based upon the Allterra Trimble RTK Network. Surveyed in the field during April& May of 2919. OF •, �¢•``�\ST _._ DANIEL M.**LAHERTY Daniel M. Flaherty, R.P.L.S. No. 5064 .'................................ CP&Y, Inc. i•o C':�, 5004 �: ¢ One Chisholm Trail, Suite 130 �.�;•°��ss�0 �a Round Rock, Texas 78681 Ph. (512)248-0965 TBPLS Firm No. 16194125 See attached Plat No. A-5195 07-03-2019 1860899-A5195-REV 1- FN04.doc Date 4 4 F I (i I i f t Page 2 of 3 EXHIBIT "A•• DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A VARIABLE WIDTH (0.026 ACRE) DRAINAGE EASEMENT AND TWO (2) VARIABLE WIDTH (0.036 ACRE AND 0.040 ACRE) TEMPORARY CONSTRUCTION EASEMENTS LOCATED IN THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, AND BEING PART OF LOT 11, .BLOCK TWO, GREENFIELDS SUBDIVISION, RECORDED CABINET D, SLIDES 166-167, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS N ROUND ROCK u5 FIELD NOTE COMMENCING CR 123 -- POINT SITE FIELD NOTE EVERGREEN Mr ND RING POINT OF DRIVE LOT 12 BEGINNING BLOCK TWO 3 65b GRID N: 10,165,603.00 jj GRID E. 3,154,707.69 LOOP EVERGREEN DRIVE LOCATION MAP ( p' WIDE R.0.W.) R.O.W. UNE VARIABLE WIDTH TEMPORARY LOT 26 SU RV CONSTRUCT UCTION ACRE BLOCK ) ``' 8©CK A MC0 ?� I 010135,,RAC`I' o VARIABLE' WIDTH `j OAK BLUFF ESTATES PHASE 2 A 3S 4 DRAINAGE EASEMENT � a CAB, F, SLIDES 253-259 0.026 ACRE -+ P.R.W.C.T. LOT 10 FILED: DECEMBER 3, 1984 BLOCK TWO LOT 11 �i SCALE: I" = f 00' GREENFIELDS t BLOCK TWO CAB.D. SLIDES 166-167 L-3 LOT 27 ADDRESS: w BLOCK A c� 21 EVERGREEN DR. cv FILED: OCTOBER 16, 197 -10 8 , LINE TABLE VARIABLE WIDTH TEMPORARY r` CONSTRUCTION EASEMENT o -- LINE BEARING DIST. 0.040 ACRE 2.2' cn L-1 S 65'03'41" E 28.15' 70.0' A� ^ � LOT 28 w L-2 S 02'37'11" E 113.00' _ BLOCK A � iy`° ,r 20.9' L--3 S 87'22'49" W 5.00' SUBDIVISION UNE 80.0' z LOT 11 LOT 12 _3 L-4 N 02'37'11" W 78.46' BLOCK A BLOCK A 23.0' Z L-5 N 3237'11" W39.90' OAK BLUFF ESTATES > CAB.F, SLIDES 125-127 c� L-6 N 02'37'11" W 15.00 P.R.W.C.T. cc FILED: SEPTEMBER 9, 1984 I � rn v� o GENERAL NOTES: �(Dp 1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS, LEGEND 2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. ># 1/2" IRON ROD FOUND Ln 3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. (UNLESS OTHERWISE NOTED) 4) BEARINGS ARE BASED ON THE TEXAS CENTRAL ZONE COORDINATE SYSTEM, R.O.W. = RIGHT--OF-WAY © D.R.W.C.T. = DEED RECORDS WILLIAMSON COUNTY, TEXAS NAD 83 (HARN 93), WHICH IS BASED UPON THE ALLTERRA TRIMBLE RTK NETWORK. P.R.W.C.T. = PLAT RECORDS WILLIAMSON COUNTY, TEXAS v U c a, 1 Chisholm Trail, Suite 130, Round Rock, Texas 78681 512.248.0065 TEXAS REGISTERED ENGINEERING FIRM F-1741 �.,� � s rC c p—&y—j TBPLS 10194125 .............................. IJANIEL M. FLAHERTY I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT .... """"""""""".. THIS EXHIBIT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR �'' wo a`�•' �' LAND SURVEYS IN THE STATE OF TEXAS ``` ti.: °-a _Y'••o� o`••'�C7 vi{ s u SURVEYED: APRIL 29, 2019 DANIEL M. FLAHERTY, R.P.L.S. NO. 5QtT r 30F 3 0 100' 200' PLAT NO. A--5195 DRAFT DATE 07—p3-2019YYG DRAWN 8Y SCALE WORK ORDER N4. 1800899 FIELD800K 363 TAB # A-5195 0 2019 ALL RIGHTS RESERVED DIGITAL FILE 1800899R—SURVEY—A5195—REV 1 F/N # 1800899—FN04 i