R-2020-0091 - 4/9/2020 RESOLUTION NO. R-2020-0091
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 0.366 acre (Parcel
96) of land located in Travis County, Texas and more particularly described by metes and bounds and
survey plat in Exhibit "A" attached hereto (the "Property"), such Property being owned by TEXAS
LAND FUND NO. 6, L.P., 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:
0112.20202;00442871
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 9th day of April, 2020.
A Mz
CRAIG MO GAN, yor
City of Round Rock, exas
ATTEST:
SARA L. WHITE, City Clerk
3
BCRUA 096 EXHIBIT "A"
TEXAS LAND FUND NO. 6, L.P.
>4 �a1ker Partners
engineers * surveyors
804 Las Cimas Pkwy.,Suite 150
Austin,Texas 78746
20 FOOT WIDE(0.366 ACRE)
ELECTRIC EASEMENT
LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840
TRAVIS COUNTY,TEXAS
FIELD NOTES FOR A 20 FOOT WIDE(0.366 ACRE)STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT
840 IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A CALLED 107.307 ACRE TRACT DESCRIBED IN A DEED TO TEXAS LAND
FUND NO.6,L.P.,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)2007175662 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.)SAID 0.366 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 WITH CAP STAMPED"RPLS 5784"FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD,
MARKING THE EAST CORNER OF A CALLED 14.90 ACRE TRACT DESCRIBED IN TRACT"A"IN A DEED TO MARY F.CAMERON AND
HUSBAND,CLAUD G.CAMERON,OF RECORD UNDER T.C.C.D.2008021031 OF SAID O.P.R.T.C.T.AND THE NORTH CORNER OF
SAID 107.307 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT;
THENCE S 66010'20"E—100.35'WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD,ALONG THE NORTHEAST LINE OF SAID
107.307 ACRE TRACT,TO A 1/2"IRON ROD FOUND FOR ANGLE;
THENCE S 65001'42"E—386.74'TO A 1/2"IRON ROD FOUND FOR ANGLE;
THENCE S 58059'03"E—303.24'WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD,ALONG THE NORTHEAST LINE OF SAID
107.307 ACRE TRACT,TO A 1/2"IRON ROD FOUND MARKING THE NORTH CORNER OF A CALLED 3.0 ACRE TRACT REFERENCED
IN A DEED TO DARLENE VOIGT,OF RECORD UNDER T.C.C.D.2011121801 OF SAID O.P.R.T.C.T.AND THE EAST CORNER OF SAID
107.307 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT;
THENCE S 28008'24"W—20.03'WITH THE COMMON LINE BETWEEN SAID 3.0 ACRE TRACT AND SAID 107.307 ACRE TRACT, A
POINT AT THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 1/2"IRON ROD FOUND MARKING THE
MOST WESTERLY NORTH CORNER OF A CALLED 8.000 ACRE TRACT DESCRIBED IN TRACT 1 IN A DEED TO GEORGE WALTER
HENDERSON,OF RECORD IN VOLUME 12306, PAGE 2941 OF SAID O.P.R.T.C.T.BEARS
S 28°08'24"W—364.46';
THENCE THROUGH THE INTERIOR OF SAID 107.307 ACRE TRACT,THE FOLLOWING FIVE CALLS:
1) N 58°30'09"W—1.09'TO A POINT FOR ANGLE,
2) N 58059'03"W—302.10'TO A POINT FOR ANGLE,
3) N 65°01'42"W—385.48'TO A POINT FOR ANGLE,
4) N 66°10'20"W—100.20'TO A POINT FOR ANGLE,
5) N 65052'24"W—13.83'TO A POINT IN THE COMMON LINE BETWEEN SAID 107.307 ACRE TRACT AND SAID 14.90 ACRE
TRACT,FROM WHICH A COTTON SPINDLE FOUND FOR REFERENCE ON SAID LINE,BEARS
S 58°41'48"W—658.45';
THENCE N 58041'48"E—24.29'WITH THE COMMON LINE BETWEEN SAID 107.37 ACRE TRACT AND SAID 14.90 ACRE TRACT,
RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.366 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.THE DISTANCES SHOWN HEREIN ARE
SURFACE VALUES.
SURVEYED:AUGUST 22,2017E A ,`� o F T�
RSED:JANUARY 2,2018 Q-.•+
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PROJ NO.3-00619
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PLAT NO.Al-1368 �Q •�.,••
FIELD NOTE NO.096 S V IR
MAP CHECKED:12/20/2017-JBM
www.WalkerPartners.com
TBPE Registration No.8053 ( TBPLS Registration No. 10194317
G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-96.docx
BCRUA 096
TEXAS LAND FUND NO.6, LP.
1�
FIELD NOTE THIS PORTION OF THE 107.307 ACRE TRACT
POINT OF BEGINNING DESCRIBED UNDER T.C.C.D.2007175662,
O.P.R.T.C.T.APPEARS TO BE IN CONFLICT S
GRID COORDINATES WITH THE RIGHT OF WAY DESCRIBED IN
N:10160025.92'E:3055800.94 VOLUME 1255,PAGE 141,D.R.T.C.T.
(OCCUPIED
NAMELESS ROAD CALLED TTo BE W MDVARE N��
112"IRON ROD FOUND L-1 L 13 L-14 VOLUME 12W,PAGE 141 D.R.T.C.T.
WITH CAP STAMPED �1� L-3
" PLS 5784" L-1 _
L-8
L-10 L-8 L-7 0.366 ACRE -4
L-5 L
L-9
MARY F.CAMERON AND EASEMENT DARLENE VOIGT
HUSBAND,CLAUD G.CAMERON CALLED 3.0 ACRES
CALLED 14.90 ACRES
0 T.C.C.D.2011121801
TRACT"A" A h c° "' O.P.R.T.C.T.
T.C.C.D.2008021031 k k r,:
O.P.R.T.C.T. �, ;f
t Nto
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.�',if. .:-L�"t TEXAS LAND FUND NO.6,L.P.
CALLED 107.307 ACRES 1/2"IRON
hCb T.C.C.D.2007175662 ROD FOUND o
.`' � O.P.R.T.C.T.
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EORGE WALTER HENDERSON
F .,� R �„ CALLED 8.000 ACRES
.;x��,� ell �� �T��*� �� �max{ x TRACT1 �
VOLUME 12306,PAGE 2941
O.P.R.T.C.T.
00
LEGEND
y
0
COTTON SPINDLE FOUND 00
FOR REFERENCE AT =1/2"IRON ROD FOUND LINE TABLE :x
S 68°41'48"W 658.45' '-'
(UNLESS OTHERWISE NOTED) DIRECTION LENGTH �
( ) =DEED CALLS ~
S 66°10'20"E 100.35' `p>r
a U
D.R.T.C.T. =DEED RECORDS TRAVIS (S 66°12'47"E) (100.16') O
COUNTY,TEXAS S 65°01'42"E T86.74-
R-2 z
T.C.C.D. =TRAVIS COUNTY S 58°59'03"E 303.24' ..
CLERK'S DOCUMENT .gam"� x
(S 58°59'39"E) (303.21') Lr,
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