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R-2019-0405 - 10/10/2019 BCRUA Ph.2—Parcel92 RESOLUTION NO. R-2019-0405 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 0.115 acre (Parcel 92) 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 KIRBY FRANKS and BILLIE DELL FRANKS (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;00432490 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 lbA -56, )}YOR FROTEK W.0-04'" --* (�' MC-AWN SPIM5,I)MV CITY CIE-W- 3 IE-- - 3 BCRUA 092 EXHIBIT "A" KIRBY FRANKS AND WIFE, BILLIE DELL FRANKS walker Partners engineers * surveyors 600 Austin Ave.,Suite 20 Waco,Texas 76701 0.115 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 0.115 ACRE STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.171 ACRE TRACT DESCRIBED IN A DEED TO KIRBY FRANKS AND WIFE BILLIE DELL FRANKS,OF RECORD IN VOLUME 9260, PAGE 708 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.). SAID 0.115 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 IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE NORTH CORNER OF SAID 4.171 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE EAST CORNER OF A CALLED 4.644 ACRE TRACT REFERENCED IN A DEED TO STEPHEN V. MEGNA,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2016032802 OF SAID O.P.R.T.C.T.AND DESCRIBED IN A DEED OF RECORD IN VOLUME 8240, PAGE 304 OF SAID O.P.R.T.C.T.; THENCE S 55°50'32" E-249.81'WITH THE NORTH EAST LINE OF SAID 4.171 ACRE TRACT,ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD,TO A 1/2"IRON ROD FOUND MARKING THE EAST CORNER OF SAID 4.171 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A CALLED 4.369 ACRE TRACT DESCRIBED IN A DEED TO RICHARD SCROGGINS,OF RECORD UNDER T.C.C.D.2010043937 OF SAID O.P.R.T.C.T.; THENCE S 26°40'04"W-20.32'WITH THE COMMON LINE BETWEEN SAID 4.171 ACRE TRACT AND SAID 4.369 ACRE TRACT,TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 4.171 ACRE TRACT BEARS S 26°40'04"W-735.59'; THENCE N 53°06'06"W-3.13'AND N 55°50'32"W-246.70'THROUGH THE INTERIOR OF SAID 4.171 ACRE TRACT,TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE COMMON LINE BETWEEN SAID 4.171 ACRE TRACT AND SAID 4.644 ACRE TRACT, FROM WHICH A 1/2"IRON ROD FOUND MARKING THE WEST CORNER OF SAID 4.171 ACRE TRACT BEARS S 26°39'56"W-691.24'; THENCE N 26°39'56" E-20.17'WITH THE COMMON LINE BETWEEN SAID 4.171 ACRE TRACT AND SAID 4.644 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.115 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:AUGUST 17. 2017 CF r� RELEASED: DECEMBER 20,2017 �P�G�S1TERF+9� .'z- 1� .................. WARREN L.SIMPSON v .................. WARREN L. SIM ON, R.P.L44PeAQ 4122 PROJ NO. 3-00619 ��iO'*..SS��:•.�� PLAT NO.Al-1360 SU Rv� FIELD NOTE NO.92 MAP CHECKED: 12/04/2017-JBM www.WalkerPortners.com TBPE Registration No.8053 TBPLS Registration No. 10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\FN-92.docx BCRUA 092 KIRBY FRANKS AND WIFE,BILLIE DELL FRANKS LEGEND FIELD NOTE • =12'IRON ROD FOUND POINT OF BEGINNING (UNLESS OTHERWISE NOTED) GRID COORDINATES ( ) =DEED CALLS - y.(#Y N-.1016916616 E:3057301-W P.R.T.C.T. =PUT RECORDS TRAVIS cauNl _ 4 7 MAS NAMELESS ROAD STONE COLUMN NTH TEXAS 1oc AD T.C.C.D. =TRAVIS COUNTY C 51��'32 pTH VAR WOOD ARA ISMA BOX IL FENCE STONE CLERK'S DOCUMENT S(.,33?•E ) O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS 2�•S1' O TRAVIS COUNTY,TEXAS L3 EASEMENTAREA NBOg2'WW 24870, —X— =WIRE FENCE slw L,2 L-1 -0- =UTILITY POLE ,,. -V _ 0.1I5ACRE CONCRETE —E— =OVERHEAD ELECTRIC LINE EASEMENT DRIVE m =TELEPHONE RISER 10 STEPHEN V.MEGNA CALLED 4.644 ACRES ti T.C.C.D.2016032802 O.P.R.T.C.T. (NO DESCRIPTION N PROVIDED IN DEED) LINE TABLE DESCRIBED IN 3'3.- LINE ;LINE DIRECTION LENGTH VOLUME 8240,PAGE 304 o L-1 S 26'40'O4'W 20.32' O.P.R.T.C.T. L-2 N 63'O6'O6'W 1 3.13' N R) ^ c L-3 N 26'39'56'E 1 20.17' y-- KIRBY FRANKS AND WIFE, 3 3 BILLIE DELL FRANKS CALLED 4.171 ACRES - VOLUME 9260,PAGE 708 0 EXHIBIT O.P.R.T.C.T. o 0 OF A 20 FOOT WIDE(0.113 ACRE)ELECTRIC RICHARD SCROGGINS I\ EASEMENT LOCATED IN THE JOSE ANTONIO CALLED 4.369 ACRES o SURVEY ABSTRACT 840 IN TRAVIS COUNTY, T.C.C.D.2010043937 0 TEXAS,BEING A PORTION OF A CALLED 4171 O.PRRT.c.T. ACRE TRACT DESCRIBED IN A DEED TO KIRBY FRANKS AND WIFE,BILLIE DELL FRANKS,OF w RECORD IN VOLUME 9260,PAGE 708 OF THE o OFFICIAL PUBLIC RECORDS OF TRAVIS z COUNTY,TEXAS 4 Ili co 3 0 SURVEYORS NOTES: SURVEYED:AUGUST 17,2017 RELEASE DATE:DECEMBER 20,2017 0 FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED: w OT 7fi 20 FOOT WOE(0.115 ACRE)ELECTRIC EASEMENT LOCATED IN THE WHITE RIM MOUNTAIN,SECTION TWO a JOSE ANTONIO SURVEY ABSTRACT 840,TRAVIS COUNTY,TEXAS. VOLUME 94.PAGE66HA PRTCT. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS WHITE RIM Loi 75 MOLNTAf4, rn SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE SECTION M nw HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON.HOWEVER VOLUME 64,PAGE 8B-9A THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, PRTCT o RESTRICTIONS OR ENCUMBRANCES(EITHER OF RECORD OR NOT OF RECORD)WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. ,`(�OF T� ,,Pe•�CsTER•.+.� THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON CO� 1 F N THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,CENTRAL cc ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES. •ARREN L.SIMPS. ,. • ee •��4122 Qui �tiJKi ..S�p:GG•y� L7 WARREN L SIMPSON,R.P L S.4122 O S+uRv V ©COPYRIGHT ALL RIGHTS RESERVED vmpson@wake pa ne s cam z 5 N W I) JN loo DO a Walker Partners GRAPHIC SCALE IN FEET 0 O engineers * surveyors PLAT NO. 1361 PROJ.NO. 3-00619 DRAFTED 12/04/17 S' 600 Ausin Avenue,SLAW 20 O W eco,Tens 76707 Phone:1454-714-1402 R )T.B.P.E.Re032500nNo.6063 TAB NA F/N NO. 092 FB/PG 3-3/47 DRAWN BY IBM G T.B.P.LS.PeOiseetlon No.10032500 ^� DVC'G.N.M4E3-W619ESW-PARm092- MAPCHK'D 1304/17 a FRANKS.DWG