Loading...
R-2019-0404 - 10/10/2019 BCRUA Ph.2—Parcel86 RESOLUTION NO. R-2019-0404 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 and electric 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 an electric utility easement in and across approximately 0.288 acre (Parcel 86) 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 DAVIDASS MAHENDRU AND SWARAN MAHENDRU (the "Property"), for the public use of construction, reconstruction, installation, maintaining, and operating of electric utility facilities required 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 upon and will cross, run through and over 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;00432479 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 electric utility facilities on 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 10th day of October, 2019. City of Round Rock, Texas ATTEST: WRIT'ZArESE, WybR PRD-Tr,-A Mr-AcvN SPI o 5,t�%-ry CITY U-FkY" 3 BCRUA 086 EXHIBIT "A" DAVIDASS MAHENDRU AND SWARAN MAHENDRU Ialker Partners engineers * surveyors 600 Austin Ave.,Suite 20 Waco,Texas 76701 20 FOOT WIDE(0.288 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 20 FOOT WIDE(0.288 ACRE) STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 22.651 ACRE TRACT REFERENCED IN A DEED TO DAVIDASS MAHENDRU AND SWARAN MAHENDRU,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.)2006018071 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.),AND DESCRIBED IN A BOUNDARY LINE AGREEMENT BETWEEN JESSIE LEA PICKLE, KENNETH RAY SCHAEFER AND GRACE ANN SCHAEFER, AND ROBERT INGRAM RECORDED UNDER T.C.C.D.2006018070 OF THE O.P.R.T.C.T. SAID 0.288 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 1/2" IRON ROD FOUND WITH CAP STAMPED"WATSON SURVEYING"IN THE SOUTHWEST MARGIN OF NAMELESS ROAD,AT THE NORTH CORNER OF SAID 22.651 ACRE TRACT AND THE EAST CORNER OF A CALLED 11.528 ACRE TRACT DESCRIBED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER,OF RECORD IN T.C.C.D. 2011162332 OF THE O.P.R.T.C.T., FOR THE NORTH CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 46°11'03" E—188.78'WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD,ALONG THE NORTHEAST LINE OF SAID 22.651 ACRE TRACT,TO A 1/2" IRON PIPE FOUND AT AN ANGLE POINT IN THE NORTHEAST LINE OF SAID 22.651 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, THENCE S 60°04'51" E—206.73'WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD,ALONG THE NORTHEAST LINE OF SAID 22.651 ACRE TRACT,TO A CONCRETE MONUMENT FOUND(BROKEN)AT THE EAST CORNER OF SAID 22.651 ACRE TRACT,AT THE INTERSECTION OF SAID SOUTHWEST MARGIN OF NAMELESS ROAD AND WEST RIGHT-OF-WAY LINE OF RANCH TO MARKET HIGHWAY 1431, FOR THE EAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE AN ARC LENGTH OF 179.60',WITH THE SOUTHEAST LINE OF SAID 22.651 ACRE TRACT,ALONG THE NORTHWEST LINE OF RANCH TO MARKET HIGHWAY 1431,WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1687.03',A CENTRAL ANGLE OF 06°05'59",AND A CHORD WHICH BEARS S 17°49'28"W—179.52'TO A POINT, FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A CONCRETE MONUMENT FOUND AT THE END OF A CURVE TO THE LEFT BEARS AN ARC LENGTH OF 205.00', HAVING A RADIUS OF 1687.03',WITH A CENTRAL ANGLE OF 06°57'45"AND A CHORD BEARING OF S 11°17'37"W—204.88'; THENCE THROUGH THE INTERIOR OF SAID 22.651 ACRE TRACT THE FOLLOWING ELEVEN(11)CALLS: 1) N 75°59'39"W—20.00'TO A POINT FOR CORNER, 2) AN ARC LENGTH OF 46.12',WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1707.03', CENTRAL ANGLE OF 01°32'52"AND A CHORD WHICH BEARS N 15°32'23"E—46.11'TO A POINT FOR AN ELL CORNER, 3) N 50°57'48"W—37.92'TO A POINT FOR AN ELL CORNER, 4) N 39°02'12"E—20.00'TO A POINT FOR AN ELL CORNER, 5) S 50°57'48" E—29.69'TO A POINT FOR AN ELL CORNER, 6) AN ARC LENGTH OF 97.18',WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1707.03', CENTRAL ANGLE OF 03°1542"AND A CHORD WHICH BEARS N 18°40'13"E—97.16'TO A POINT FOR ELL CORNER, www.WalkerFortners.com TBPE Registration No.8053 1 TBPLS Registration No. 10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-86.docx 7) N 60°04'51"W—191.86'TO A POINT FOR AN ELL CORNER, 8) S 37°16'38"W—33.10'TO A POINT FOR AN ELL CORNER, 9) N 52°43'22"W—20.00'TO A POINT FOR AN ELL CORNER, 10) N 37°16'38" E—35.32'TO A POINT FOR AN ELL CORNER, 11) N 46°11'03"W—165.24'TO A POINT IN THE NORTHWEST LINE OF SAID 22.651 ACRE TRACT, FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND AT THE WEST CORNER OF SAID 22.651 ACRE TRACT BEARS S 26°40'01"W—1639.15' THENCE N 26°40'01" E—20.93'WITH THE NORTHWEST LINE OF SAID 22.651 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.288 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED 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.DISTANCES SHOWN HEREON ARE SURFACE VALUES. SURVEYED: JULY 31, 2017 RELEASED: DECEMBER 13, 2017 0F/tf'4wAx---1 TF WARREN L.SIMON, R.P.L.S.4 2 .................. PROJ NO. 3-00619 WARREN L.SIMPSON PLAT NO.Al-1352 """""" FIELD NOTE NO.086 y qo 4122 \4 �aQ7 �.• yo MAP CHECKED: 11/22/2017-JBM S(JRv� www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\FN-86.docx BCRUA 086 DAVIDASS MAHENDRU AND SWARAN MAHENDRU EXHIBIT ti OF A 20 FOOT WIDE(0.288 ACRE)ELECTRIC EASEMENT FIELD NOTE '4 LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ��F�yaJ P POINT OF BEGINNING ABSTRACT 840 IN TRAVIS COUNTY,TEXAS,BEING A 1R'IRONRODFO WyC r�0 GRID COORDINATES PORTION OF A CALLED 22651 ACRE TRACTREFERENCED WITH CAP STAMPED F tr_70 N:10158144AT 6:3058710.77 IN A DEED TO DAVIDASS MAHENDRU AND SWARAN 'WATSON SURVEYING' MAHENDRU,OF RECORD UNDER TRAVIS COUNTY CLERK'S N is DOCUMENT 2006018071 OF THE OFFICIAL PUBLIC i,9l°s,P RECORDS OF TRAVIS COUNTY,TEXAS AND DESCRIBED IN &&19 F A BOUNDARY LINE AGREEMENT BETWEEN JESSIE LEA ��a l PIIPPEOF�IM PICKLE,KENNETH RAY SCHAEFER AND GRACE ANN E (Y SCHAEFER,AND ROBERT INGRAM UNDER TRAVIS I�r L-10 COUNTY CLERK'S DOCUMENT 2006018070 OF THE cy�47j QONCREM/ OFFICIAL PUBLIC RECORD TRAVIS COUNTY,TEXAS S L•9 L H <v SURVEYORS NOTES: CRETE OUR LADY QUEEN OF PEACE HOUSE OF PRAYER 0.188ACRE MONUMENT SURVEYED:JULY 31,2017 CALLED 11.528 ACRES EASEMENT L-0 FOUND T.C.C.D.2011162332 Yf (BROK RELEASE DATE:DECEMBER 13,2017 O.PA T.C.T. fy WIRE FENCE FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND fsry TITLED: L$ 20 FOOT WIDE(0388 ACRE)ELECTRIC EASEMENT LOCATED IN (R=1687.28) THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 640,TRAVIS (CH:S 17'28'OT W) \ COUNTY,TEXAS. -n 1T (CH:383.76) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS CONCRETE SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE -amu MONUMENT REPORT,THEREFORE THE SURVEYOR CERTIFIES THAT DAVIDASS MAHENDRU AND FouND EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN SWARAN MAHENDRU ADDRESSED HEREON.HOWEVER,THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS,RESTRICTIONS OR '•?,� CALLED 22.651 ACRES ENCUMBRANCES(EITHER OF RECORD OR NOT OF RECORD) T.C.C.D.2006018071 WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. •o�o O.P.R.T.C.T. 3 - (NO DESCRIPTION PROVIDED IN DEED) pLL THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED 3 WIRE r UPON THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, F- a FENCE CENTRAL ZONE ACQUIRED UNDER FROM GLOBAL POSITIONING SYSTEM roti 0 a 2006019070 ED C C. . . OBSERVATIONS.DISTANCES SHOWN HEREON ARE SURFACE �ti T. � VALUES. O.P.R.T.C.T. o f LEGEND LINE TABLE �\ M • =IRON ROD FOUND WITH CAP LINE DIRECTION LENGTH \ .N. STAMPED'CS LTD' L-1 S 46°1103'E 188.78' WIRE \ (UNLESS OTHERWISE NOTED) L-2 S 60'04'51'E 206.73' FENCE ( ) =DEED CALLS L-3 N 75°59'39'W 20.00''\. D.R.T.C.T. =DEED RECORDS TRAVIS LA N 50'57'48'W 37.92' COUNTY,TEXAS L-5 N 39°02'12'E 20.00' T.C.C.D. =TRAVIS COUNTY L6 S 50'57'48'E 29.69' z CLERK'S DOCUMENT L-7 N 60°O4'S 1'W 19186, U O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS LA S 37°16'38'W 33.10' /► z TRAVIS COUNTY,TEXAS L-9 N 52 43 22 W 20.00' Y P.R.T.C.T. =PLAT RECORDS TRAVIS L-10 N 31'16 38'E 35.32' w e M vxi COUNTY,TEXAS L-11 N 46'11'03'W 165.24' CQ^ of EASEMENT AREA L-12 N 26°40'01'E 20.93' Q< 3 o O Q � E =GUYWIRE� JI Viul iall � ( =LIGHT POLE 1�' ° o m TELEPHONE I , A.; ER2 rU 1/P IRON ` ROD FOUR GSL ORIVE u a V) w a+ Hl AUVAYg Y •� w zx M ,��O F TF CURVE TABLE ,gyp-;v\s ER•�.�9 w CURVE LENGTH RADIUS DELTA CHORD �;�� •'� �p*.UP z C-1 179.60' 1687.03' 6°05'59' S 17°49'28*W-179.52' `}_ / BARREN L.SIMPSO U) C-2 46.12' 1707.03' 1'32p52' N 15'32'23*E-46.11' ' • C-3 97.1.8' 1707.03' 3°15'47N 18'40'13'E-97.16' ��1��.�4122 C-4 20500' 1687.03' 6°5745' S11°1T3TW-204.88' �-✓���:..e�y � waves SURA ©COPYRIGHT ALL RIGHTS RESERVED WARREN L SIMPSON, .P L.S.4122 z Isimpwn@walkerpartnemmm g N W 0 100 200 1110 d rA— M Walker Partners GRAPHIC SCALE IN FEET e n g i n e e r s * surveyors PLAT NO. A1-1352 PROD.NO. 3-00619 DRAFTED 11/22/17 n 600 Austin Avenue,Suite 20*Wew.Texas 76701 Phone:1.254-714.14020 T.B.P.E.Registration No.8053 /IBMrAB NA F/N NO. 080 FB/PG 3-3/34 DRAWN BYTFGG T.B.P.LS.Reg19YaYon No.10032500 O^ DWG.NAME 3-00619ESMT-PARCEL MAP CHK'D 11/15/17 a 086-MAHENDRU.DWG