R-2020-0037 - 2/13/2020 RESOLUTION NO. R-2020-0037
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 0.064 acre (Parcel 26) 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 (the "Property"), such property being
owned by MARKET PLAZA, LLC, a Texas limited liability company, 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.
0012.20202;00438882
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.
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 13th day of February, 2020.
XM/
CRAIG ORG , Mayor
City of ound ock, Texas
ATTEST:
SARA L. WHITE, City Clerk
3
REV:06-24-2019
Pagel of 4
A
EXHIBIT
County: Williamson
Parcel ; 26
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 26
DESCRIPTION OF A 0.064 ACRE (2,784 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN H.
RANDALL SURVEY, ABSTRACT NO. 531, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2A
(1.629 ACRES), HIGHLAND ESTATES, SECTION IIA AMENDED PLAT OF LO'T'S 1 AND 2, A SUBDIVISION OF
RECORD IN CABINET 138, SLIDES 353-354 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,
DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO MARKET PLAZA, LLC RECORDED IN
DOCUMENT NO. 2006050685 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.064 ACRE (2,784 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 112"iron rod with plastic calx stamped "Chaparral Boundary"found 331.97 feet
left of proposed Gattis School Road Baseline Station 186+20.12, being the northeasterly comer of said Lot 2A, same
being the northwesterly corner of Lot 2, Block A, Autrey Ranch,a subdivision of record recorded in Cabinet EE, Slide
88 of the Plat Records of Williamson County, Texas, also being in the southerly boundary of Lot 1, Block A of said
Autrey Ranch subdivision;
THENCE,with the common boundary line of said Lot 2A and said Lot 2,S 02°33'32"E,for a distance of 268.43 feet a
1/2 inch iron rod with plastic cap stamped "Chaparral Boundary" found being a point of curvature to the right,
continuing along said curve to the right having a delta angle of 17059'45", a radius of 15.24 feet,an arc length of 4.79
feet and a chord which bears S 07°42'30" E, for a distance of 4.77 feet to an iron rod with aluminum cap stamped
"ROW 4933"(Grid Coordinates determined as N=10155081.09, E=3153715.52 TXSPC Zone 4203)set 58.91 feet left
of proposed Gattis School Road Baseline Station 186-x-26.13 in the proposed northerly right-of-way (ROW) line of
Gattis School Road (ROW width varies), for the northeasterly corner and POINT OF BEGINNING of the herein
described tract;
1) THENCE, departing said proposed ROW line, continuing with said common boundary line,along said curve
to the right having a delta angle of 71'20'42", a radius of 15.24 feet, an arc length of 18.98 feet and a chord
which bears S 52"22'44" W, for a distance of 17.77 feet to a 1/2 inch iron rod with plastic cap stamped
„Chaparral Boundary" found in the existing northerly ROW line of Gattis School Road (ROW width varies),
being the southeasterly corner of said Lot 2A, same being the southwesterly corner of said Lot 2, for the
southeasterly corner of the herein described tract;
2) THENCE, departing said Lot 2, with the common boundary line of said Lot 2A and said existing northerly
ROW line of Gattis School Road, S 88°26'23" W, for a distance of 283.14 feet to the calculated
southwesterly corner of said Lot 2A, same being the southeasterly corner of Lot 1A of said Amended Plat,
for the southwesterly corner of the herein described tract, anti from which a 1/2" iron rod with plastic cap
stamped "Stearns 4990" found, beirig the southwesterly corner of said Lot '1A, in said existing northerly
ROW line of Gatlis School Road bears S 88"26'23"W,at a distance of 198.79 feet;
3) THENCE, departing said existing northerly ROW line, with the common bOUndary line of sant Lot 1A and
said Lot 2A, N 02°15'05" W, for a distance of 14.96 feet to an iron rod with aluminum cap stamped"ROW
4933" set 61.12 feet left of proposed Gattis School [Road Baseline Station 183-28.42 in said proposed
northerly ROW line of Gattis School Road, for the northwesterly corner of the herein described tract, and
from which a calculated point of curvature of a non-tangent curve to the left, being in the common boundary
line of said I...ot 1A:end Lot 2A, bears N 02°15'05"W,at a distance of 31.11 feet;
Page 2of4
THENCE, departing said Lot 1A.with said proposed ROW line, thmUghthe interior of said Lot 2A. the following three
(3)Courses:
4) N88"2722'E, for mdistance nf924gfeet hnail iron rod with ak/minumcap stamped"ROW 4Q33^set G1.51
feet loft of proposed Gattis School Road Baseline Station 183-1-80.91,for an angle point;
r) S 02"56'25" E.for e distance of 8.77 feet to on iron rod with e|uminom cop stamped"ROW 4Q33r oo(52.74
feet left o[proposed Gattis School Road Baseline Station 1aa+81.18.for onangle point; /
E; N 87"26'12" E. for e distance of 245.02 feet to the POINT OF BEGINNING, containing 0.064 acre (2.784
oqoomfeet)o{land,more orless.
This property description ieaccompanied byaseparate parcel plat. '
All bearings recited herein are based oil the Texas state Plane Coordinate System,Central Zone No.4203,NAD 83,
THE STATE UFTEXAS 0
0 KNOW ALL MEN BYTHESE PRESENTS:
COUNTY UFYNLL|AMGDN #
That/. M. Stephen Tmeodak*. a Registered P feso|ono| 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 dmoohbad herein was douaoninod by
asurvey made onthe ground under mydirect supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson |
=' °=p"= '="""r= uote^
Registered Professional Land Surveyor No.4833 '
|
Licensed State Land Surveyor -
|n|ondGoodotfca'LLC '
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Firm Registration No: 100591-00
1504Chisholm Trail Road, Suite 1O3 &J /
Round Rock,TX78S81 �
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NUMBER DIRECTION DISTANCE
1-1 NO2° 15'05"t'1 14. 96' LOT 1, BLOCK A
L2 NO2° 1 5'05"tV �� 31, 1 1 ' (5. 335 AC. )
..........____ _
(1-3) (NO2"34' 13"W) (46. 12' )
"CHAPARRAL
L 4 58.80 26'23"V1 198. 79' ? BOUNDARY"
L5 N880 27'22"E 52. 49,__._.
...........
w_ 4
I.6 S02 56'25"E 1 8. 77' '; P.a.R.
1 STA. 186«20.12
331.97' LT
}} e€
!r 1{ 3, .; AUTREY RANCH
1 f; t f "1 i 1 � CAB. EE, SLIDE 88
P.R.49,C.T.
r � {jf.l`_
LOT 1 A ; MARKET PLAZA, LLC � ILO
(2.090 AC. ) ' DOC. NO. 2006050685 1� QO
0.P.R.W.C. T.
� 1t � 11�r�
-
f
•fJ i1TLt :r 11zPris,r '. ) � 1 ._IN
; sa irn BLOCK A
HIGHLAND ESTATES ; LOT 2 r
SEXT 11A ; SECTION IIA LOT 2A 3 '� rn (0. 803 AC. )
;U r -- ? AMENDED PLAT OF (1.623 AC. ) ' 10 rpt
Sf..Il31 r 37.••;3:i i '(may
:t LOTS 1 & 2I V
1.11 P.r:4 ;=>:s-,:.,t CAB. 68, SLIDE 353-354 s , fo
fP P.R.W.C. T.
151
I 1 1 1
3
rfI t 2ta i 4 STA. 186+26.13
58.91' LT
STA. 183+80.91 ! GRID COORDINATES:
f•' 61.51' LT 0.064 AC. i
2, 784 SQ. FT. i N=10155081.09
SETA, 183+28.42 SEE 1^i DETAIL /-E-3t 53715.52
61.12` LT STA. 183+81. 19 ! '
52.7,1' LT
2:45:02'..
1.
(19€3. 7 7 )
' S68°26'23"1'1 2£33. 14'-, ?. 1 ,,I=,,.: }z!I , al�JNDAi
L 4EXISTING R !r 1 ,t 1
1 a;" € f I .. o,.l it r
Sri r.NT 11 t,f, (5£38.24 0.1 4'1 -283 .1.1 ) .3 1...
`",°'," OSTENSIBLE SURVEY L INNE:
PR-OP OSEDGATTIS SCHOOL'ROAD BASELINE ~
183+00 184*00 185+00 w
LOT 2A "1 LOT 2
GATT I S SCHOOL ROAD
CHAPARRAL
(11.0.Yt. YltDTH WRIES) PROP 0.PED 60UNDARI
26 STA. 186+26.13
58.91' LT
4 ( GRID COORDINATES:
N=1015'5+081.09
�_ r-
E=3153715.52
DE..TAfi. "A"
__..._._.... .__.,_.__.._........, N. T.S.
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
_
..................................._...._._... _
C1 17" 59'45" 15. 24'24' 4. 79' 4. `I 7' S07" 42'30"E
0 30 G0 - __ _ _ _._................._.....-......................_....................................__...
_..
(C2) 91°09' 19") (1 5. 00' ) (23. 86' ) (21. 43' ) (542°51' 1 8"W)
........................................................_.._...._._................... _ .._
1 60 C;3 71°20'42" 1 5. 24' 1 8. 98' 1 7. 77'
'�'. � _...._ 552°22'44".`J
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PROFESSIONAL LAND SURVEYORS PARCEL L
1504 CHISIIOLM TRAIL RD.STET.103
ROUND ROCK,TX.»681 ; SCALE PROJECT COUNTY
PH.(512)238-1200,FAX(512)238-1251 i
'l.__.._F1RhiR1:GISTRATIONN.O.r 591-:i?4_.fs' 1" = C0' GATTIS SCHOOL ROAD INILLIAMSON
S:\#B1t0NN&GAY\GATTIS SCIIODL-'REDBUD TO V-/IA SUNWA\PARCEt_S\PARCEL 26-MARKET PLAZA LLC\PAIICEt. 26-MARKET PLAZA LLC--ftL:V2.dgn
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EXHIBIT
T �.A .,
--LEGEND PL1' T TO ACCOMPANY PARCEL DMCIMYrION REV; 00/2,1/19
__......_._._........_....................._...........
_...................................................
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}tf FENCE CORNER POST FOUND CENTER LINE
PROPERTY LINE
Y2" IRON ROD FOUND UNLESS NOTED ( ? RECORD INFORMATION
IRON ROD FOUND W/PLASTIC CAP -- LINE BREAK
0 COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP
IRON PIPE FOUND UNLESS NOTED P.O. B. POINT OF BEGINNING
P.0. R. POIN1' 01= REFERENCE
X X CUT FOUND N. T. S. NOT TO SCALE
60/D NAIL. FOUND D.R.W.C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
A CALCULATED PAINT O.R.W. C.T. OFFICIAL RECORDS
U Y2" IRON ROD W1 ALUMINUM CAP WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4933" SET 0.P.R.W.C. "f", OFFICIAL PUBLIC RECORDS
(UNLESS NOTED OTHER4"DISE) WILLIAMSON COUNTY, TEXAS
P. R. W.C. T. PLAT RECORDS
WILL_IAMSON COUNTY, TEXAS
_......_ _-_.................._................_.....__......._....__...._..........................__. _-..._....._._........_..............._..........................._..............._
..............._...._.................._...._._.......__..._._..._---
_-----------
.._........_........_........._........._..._.__..__......__._
1) All bearings shown hereon are based on grfd bearing. All distances are surface disfonces. Coordinates are
surface Values based on the Texas State Plane Coordinate System, NAD 83, Central Lone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF" NO.1827489-KFO,
ISSUED BY TITLE. RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JULY 3, 2018, ISSUE DATE JULY 13 2018.
1. RESTRICTIVE COVENANTS. CABINET H, SLIDES 32-33 AND CABINET BB, SLIDES 353-354, PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND DOCU,1AENT NO. 199958216, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
IOB. DRAINAGE EASEMENT VARYING IN WIDTH ALONG THE WESTERLY PROPERTY LINE AS SHOWN ON THE PLAT RECORDED IN CABINET
H, SLIDES 32-33, AND CABINET BB, SLIDES 353-354, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN,
C. 7.5 FOOT PUBLIC UTILITY EASEMENT ALONG THE EASTERLY LOT LINE AS SHOWN ON THE PLAT RECORDED IN CABINET H,
SLIDES 32-33, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND SET OUT IN SCHEDULE: A HEREOF, AFFECTS AS SHOWN.
D. 7.5 FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE AS SHOWN ON THE PLAT RECORDED IN CABINET H,
SLIDES 3233, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; AND SET OUT IN SCHEDULE A HEREOF, DOES NOT AFFECT
AS SHOWN.
E. 15 FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTHERLY AND THE EASTERLY LOT LINE AS SHOWN ON THE PLAT RECORDED
IN CABINET BB, SLIDES 353-354, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS: AND SET OUT IN SCHEDULE A HEREOF,
AFFECTS AS SHOWN.
F. PIPELINE EASEMENT TO MANVILLE MATER SUPPLY CORP. RECORDED IN VOLUME 581, PAGE 662, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
G. PIPELINE.. EASEMENT TO MANVILLE NATER SUPPLY CORP. RECORDED IN VOLUME 58.1, PAGE 639, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED,
H. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY
RECORDED IN VOLUME 611, PAGE 520, OF THE DEED. RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
I. PIPELINE EASEMENT TO MANVILLE PLATER SUPPLY CORP. RECORDED IN VOLUME 1343, PAGE 541, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
J. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY
RECORDED IN VOLUME 848, PAGE 669, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
K. ELECTRIC EASEMENT TO TEXAS POTTER & LIGHT COMPANY RECORDED IN VOLUME 304, PAGE 568, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT" BE LOCATED.
L. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 1102, PAGE 41, OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CANNOT BE LOCATED.
M. ELECTRIC EASEMENT TO TEXAS UTILITIES ELECTRIC COMPANY RECORDED IN VOLUME 2621, PAGE 560, OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
N. WASTEWATER EASEMENT TO K.A.F. I I DEVELOPMENT L.P. RECORDED IN DOCUMENT NO. 2004009319, OF THE OFFICIAL_
PUBLIC RECORDS OF WI.L.LIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
P. TERMS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT: RECORDED IN DOCUMENT NO. 199958216, OF T14E OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
0. TERNS, CONDITIONS, AND STIPULATIONS IN THE AGREEMENT: RECORDED IN DOCUMENT NO. 2006050688, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUN'T'Y, TEXAS, AFFECTS AS SHOWN
I HEREBY BY CERT,JFY THAT THIS PLAT IS TRUE. AND..CORRECT TO THE BEST OFK � GE AND BEL.[IAF AND THAT THE PROPERTY
SHOW( I REIN,'-y1A5/D'TERMINED BY A SURVEY MAD ON THE (3OUNDI'ERVISION.
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FIRM REGISTRATION NO. 100591-00
CAI_C/DEED AREA 1.629 70,959
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