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R-2020-0165 - 6/25/2020RESOLUTION NO. R-2020-0165 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 0.044 acre (Parcel 23) 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 BOSSHOGG'S BONAFIDE PROPERTIES, LLC, 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. 0112.20202; 00448110; DC 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 25th day of June, 2020. ATTEST: SARA L. WHITE, City Clerk CRAIG MORG , Mayor City of Round R ck, Texas 3 03-22-2019 Pagel of 4 EXHIBIT A County: Williamson Parcel: 23 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 23 DESCRIPTION OF A 0.044 ACRE (1,896 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1A-1, BLOCK "B" (2.54 ACRES) AS DEPICTED ON REPLAT OF LOT 1-A, BLOCK B, INTERCHANGE BUSINESS PARK, SECTION 1 (REVISED), A SUBDIVISION OF RECORD IN CABINET AA, SLIDE 332-333 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND DESCRIBED IN SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO BOSSHOGG'S BONAFIDE PROPERTIES, LLC RECORDED IN DOCUMENT NO. 2017000432 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.044 ACRE (1,896 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2" iron rod found 567.82 feet right of proposed Gattis School Road Baseline Station 82+13.01, being an angle point in the easterly boundary line of said Lot 1A-1, same being an angle point in the westerly boundary line of Lot 1, Block A, Gattis School Business Park, Section One, a subdivision of record in Cabinet P, Slide 104-105 of the Plat Records of Williamson County, Texas, and from which an iron rod with plastic cap stamped "TERRA -FIRMA" found, being the southeasterly corner of said Lot 1A-1 bears S 21 °05'18" E, at a distance of 189.69 feet, pass the southwesterly corner of said Lot 1, Block A, and continuing for a total distance of 223.56 feet, being the northeasterly corner of Lot 1A-2 of said Interchange Business Park; THENCE, with the common boundary line of said Lot 1A-1 and said Lot 1, Block A, N 21°17'29" W, for a distance of 478,56 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid Coordinates determined as N=10154372.14, E=3143163.92 TxSPC Zone 4203), 119.16 feet right of proposed Gattis School Road Baseline Station 80+22.91, in the proposed Right -of -Way (ROW) line of Gattis School Road (ROW width varies), for the southeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said Lot 1, Block A, with said proposed ROW line, through the interior of said Lot 1A-1, S 65035146" W, for a distance of 51.89 feet to an iron rod with aluminum cap stamped "ROW 4933" set, 138.95 feet right of proposed Gattis School Road Baseline Station 79+74.95, being in the existing easterly ROW line of Double Creek Drive (90' ROW width), same being the westerly boundary line of said Lot 1A-1, for the southwesterly corner of the herein described tract, and from which a 1/2" iron rod found (leaning), being the southwesterly corner of said Lot 1A-1, same being the northwest corner of Lot 1A-2 of said Interchange Business Park subdivision, in said existing easterly ROW line bears S 01 053'43" E, at a distance of 642.53 feet; 2) THENCE, departing said proposed ROW line, with said existing easterly ROW line of Double Creek Drive, same being the westerly boundary line of said Lot 1A-1, N 01053'43" W, for a distance of 29.27 feet to an "X" cut in concrete found, for a non -tangent curve to the right; Page 2 of 4 3) THENCE, continuing with the common ROW line of said Double Creek Drive, and of said Lot 1A- 1, along said non -tangent curve to the right, having a delta angle of 8904516", a radius of 30.00 feet, an arc length of 47.00 feet and a chord which bears N 43008'22" E, for a distance of 42.34 feet to a 1l2" iron rod found, for a point of non -tangency; 4) THENCE, continuing with said common line, N 87055113" E, for a distance of 4.13 feet to iron rod with plastic cap stamped "TERRA -FIRMA" found, being the northeasterly corner of said Lot 1A-1 in the westerly boundary line of said Lot 1, Block A, for the northeasterly corner of the herein described tract, and from which an "X" cut in concrete found, being the northwesterly corner of said Lot 1, Block A, in the existing southerly ROW line of Gattis School Road (ROW width varies) bears N 21 °06'52" W, at a distance of 21.17 feet; 5) THENCE, departing said existing ROW line, with the common boundary line of said Lot 1A-1 and said Lot 1, S 21°17'29" E, for a distance of 41.71 feet to the POINT OF BEGINNING, containing 0.044 acre (1,896 square feet) of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional 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 described herein was determined by a survey made on the ground under my direct supervision. WITNESS ::ZDSEAL at Round Rock, r M.Iste�hen 'TTruesbale " . Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 iamson County, Texas. Date Q F ................... °M, 8TFP1041'1tll-80A1E S:1 RTGIGATTIS SCHOOL - WINDY PARK TO RR RANCH RDIPARCELSIPARCEL 23-BOSSHOGGS BONAFIDE PROMPARCEL 23- BOSSHOGGS BONAFIDE PROP.doc EXHIBIT "A ., FLAT TO ACCOMPANY PARCEL DESCRIPTION 03/22/19 PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C1 89° 45' 1 6" 30. 00' 47. 00' 42. 34' N43° 08' 22"E (Cl) (89057' 52") (30. 00') (47. 10') (42. 41 ') (N44° 47' 1 4 "E) — OSTENSIBLE SURVEY LINE 80.00 — I PROPOSED GATTIS SCHOOLIROAO DASELINE 8100 b 79-00 03 n o GATTIS SCHOOL ROAD THE CITY OF Rn11VD ROCl, TEXAS TRACT 1, EXHIBIT `A" IR.O.W:�WIDTH VARIES! (0.019 AC..) bCC. MO. 9523727 N ----------- _ r " 1—d'--d--•d-...d...d -'d•--d •-'d ..d.....d".,1...d 007 SO. FT. HEREHY' DEDICATE() FOR I RO',Y/UY PLAT CAB. V, SLD. II I I I I { I � i Ili ; ' �1TA. 791.9 I Y UJ =- W u 3 6 W 0� J. 00 b 0 0 ------------------ __ ;vTcTmr- a_A_w_ I _1-_ tS' ` 30' DRAiHAGE EASE,/PLAT 1 { r "TERRA FIRMA" I(L3 \ f .I- Y \ 1 2 3 \° `b 04 4 ATC I I \ P 0. B. i I S A. 80-22.911 1 \ 11 9.16' RT G ID COORDINATES:1 \ N 10154372.141 r _ N 0 30 60 1" = 60' i, A96 SQ. \FT.' \E3i43t63.9z I GATTIS SCHOOL BUSINESS PARK I 6; K IEf I\ 11� 15' P•U. E./PLAT rAR..I. SLD. 24 NUMBER DIRECTION DISTANCE L1 S65°35'46"W 51.89' L2 NO1°53'43"W 29.27' L3 N87° 55' 1 3"E 4. 1 3' (L3) (N89°41'43"E) (4.20') L4 S21°17'29"E 41.71' L5 N21°06'52"W 21.17' (L5) (N19°39'40"W) (21.21') F LAN Du ODETICSSSIONAL LAND SURVEYORS HISHOLM TRAIL RD_ STE. 103 UND ROCK, TX. 78681 ) 238-1200, FAX (512) 238-1251 [ FIRM REGISTRATION NO. 100591-00 c—o—Z-773c crunnl - WIAInV PAL I I 11 SECTION ONE \ \ 1 CAB. P, SLIDE 104 -105 l_ T \1 A-1 \� s. \ 1 I P. R. W. C. T. 1 4, (T34 \SQ.C. 1FT.\) -T LOT 1 \ v I IPL ZA I � v+�'' I J•��o, BLOCK A { \ \ ,-' \�b'�, \ t �'�• s (7.442 AC.) co _ .'• \ �,� \ \ ��GS' M1"�\'ram ! P. 0. C. `t r9 \ \ \ STA. 82+1 3. 01 567. 82' FIT vn 00 v I BLOCK B \ \ s \ \ 7 C� R' I • U, oI \V \ o �\ ? I REPLAT Ol; LOT 1-A,�BLOCK \'6, \ INTERCHAN E 1 BUS I NE S� P�RK SECTION I (REOISED) �' \ CAB. AA, SLIDE 333 P. R. W. \\— o BOSSHOGG' S BONA DE DE\ PROPERTIES, LIL N { DOC. N0. 2017000 32 \ X 1 0.P.R.W.C.T. \ \ J\ LOT 7A ti�nNl (S8947' 19 "W�28Z3 ') VL �p>+�" BLOCK ' B" ° 1 \ \ �£n�n e \ (96.288 AC.) I LOT IA-2 PARCEL PLAT SHOWING PROPERTY OF BOSSHOGG'S BONAFIDE PROPERTIES, LLC PROJECT COUNTY i" = 60' GATTIS SCHOOL ROAD WILLIAMSON PP PANru PMPAPrF1G\PARNFI 91-R0G4H0Rr'C RCINAFTnF PROPFRTtFS\PA PARCEL 23 PROPERTIES-REV.don EXHIBIT " PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/22/19 PAGE 4 OF 4 LEGEND • 1/2" IRON ROD FOUND, UNLESS NOTED CENTER LINE Oo IRON SET W/ PLASTIC CAP R PROPERTY LINE STAMPED "INLAND-4933" t �) RECORD INFORMATION —V— LINE BREAK O IRON ROD FOUND W/PLASTIC IV DENOTES COMMON OWNERSHIP CAP, AS NOTED P.O.B. POINT OF BEGINNING © COTTON GIN SPINDLE FOUND P.O.C. POINT OF COMMENCING N. T.S. NOT TO SCALE O 1/2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT X X CUT FOUND SSE, SANITARY SEWER EASEMENT 0 MAG NAIL FOUND P.U.E. PUBLIC UTILITY EASEMENT • 60/D NAIL FOUND D. R. W. C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS L� MAG NAIL SET O. R. W.C.T. OFFICIAL RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS 0 IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW-4933" SET P. R.W.C. T. PLAT RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS 1) All bearings shown hereon ore based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas tote Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1920247-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE JUNE 03, 2019, ISSUE DATE JUNE 12, 2019. 1. RESTRICTIVE COVENANTS: VOLUME 1450, PAGE 135, VOLUME 2579, PAGE 427 AS AMENDED BY DOCUMENT NO. 9538412, DOCUMENT NO. 9742879 AS AMENDED BY DOCUMENT NO. 199960282, DOCUMENT NO. 199980090, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, CABINET J, SLIDE 24 AND CABINET V, SLIDE 118 AND CABINET AA, SLIDE 332, PLAT RECORD OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE. IOA.ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE EASEMENT TO TEXAS POWER AND LIGHT COMPANY RECORDED IN VOLUME 362, PAGE 63, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. B.ELECTRIC DISTRIBUTION LINE AND TELEPHONE LINE EASEMENT TO TEXAS POWER AND LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 848, PAGE 661 OF THE DEED RECORDS OF WILLIAMSON COUNTY, FEXAS, DOES NOT AFFECT. C. DRAINAGE AND STORM SEWER EASEMENT TRAVERSING THE EASTERLY PORTION OF THE PROPERTY AND ADJACENT TO THE ABOVE DESCRIBED 30 FOOT DRAINAGE EASEMENT AND AS SHOWN ON THE PLAT RECORDED IN CABINET V, SLIDE 118, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. E. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS, COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT RECORDED IN CABINET AA, SLIDE 332, OF THE PLAT RECORD OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. F. TERMS, CONDITIONS, PROVISIONS, EASEMENTS, RESTRICTIONS, RESERVATIONS AND OFHER MATTERS: RECORDED IN VOLUME 2579, PACE 427, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UND MY DIRECT SUP ISION. M. 5T H N T UESDALE VDA E REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 �°+A6 a r• ean.4M1bbenn4°D+ ��, s•r�'I31ri�N ili(JLSDt�l.I; +J.o .40f i414.a A4 Qla°.4.LM1.. VAN be �� m•� KD88 ,�x,�.. I,} I,-%;`� ACQUISITION 0.044 1,896 CALC/DEED AREA 2.54 110,434 REMAINDER AREA 2.496 108,538 PARCEL PLAT SHOWING PROPERTY OF INLANDu cEo ETICS A BOSSHOGG' S BONAF I DE PROFESSIONAL LAND SURVEYORS PROPERTIES, LLC PARCEL 23 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY PH. (512) 238-1200, FAX (Sl2) 238-1251 S:\NRTG\GATTIS SC1400L - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 23-BOSSHOGG'S BONAFIDE PROPERTIES\PARCEL 23-BOSSHOGG'S BONAFIDE PROPERTIES-REV.dgn