R-2020-0215 - 8/13/2020RESOLUTION NO, R-2020-0215
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 0.156 acre (Parcel 28) 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 LEONARDO DUARTE a/k/a LEONARD DUARTE, 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; 00451504
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 August, 2020.
ATTEST:
SARA L. WHITE, City Clerk
CRAIG ORG , Mayor
City of Round R ck, Texas
3
EXHIBIT 03-07-2019
Page 1of4
County: Williamson
Parcel: 28
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 28
DESCRIPTION OF A 0.156 ACRE (6,,.017 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A.
HOLDER SURVEY, ABSTRACT NO. 297,. IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
THAT CALLED 2.001 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO
LEONARD DUARTE RECORDED IN DOCUMENT NO. 2016090540 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.156 ACRE (6,817 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod found, 409.05 feet left of proposed Gattis School Road Baseline Station
86+37.60, being the northwesterly corner of said 2.001 acre tract, samebeing the northeasterly corner of
that called 2.00 acre tract of land described in Warranty Deed with Vendor's Lien to Spiritual Assembly of
Baha'is Faith of Round Rock, Texas recorded in Document No. 2000012742 of the Official Public
Records. of Williamson County, Texas;
THENCE,+ with the common boundary line of said 2,001 acre tract and said 2.00 acre tract, S 02'*41'41 " EV
for a distance of 338.86 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid
Coordinates determined as N=10154562.60, 12�3143776.56 TxSPC Zone 4203), 70.22 feet left of
proposed Gattis School Road Baseline, Station 86+42.30, in the proposed northerly Right -of -Way (ROV\0
line of Gattis School Road (ROW width varies), for, the northwesterly comer and POINT OF BEGINNING
of the herein described tract;
1 } THENCE, departing said 2.00 acre tract, with said proposed northerly ROW line, through the.
interior of said 2.001 acre tract, N 88008'0817 E, for a distance of 236*.77 feet to an iron rod with
aluminum cap stampedr "ROW 4933" set 70.08 feet left of proposed Gattis School Road Baseline
Station 88+79.07, in the existing northerly. ROW line of Gattis School Road (ROW width varies),
same being in the easterly boundary line of said 2.001 acre tract, also being the southwesterly
corner of Lot I, Block "N" Round Rock Ranch, Phase One, Section One, a subdivision of record
in Cabinet J, Slide 139-142 of the Plat Records of Williamson County, Texas, for the northeasterly
corner of the herein described tract-,
2) THENCE, departing said Lot 1, with the said existing northerly ROW line of Gattis school Road,
same being said easterly boundary line of the 2.001 acre tract, S 02*30'18" E, for a distance of
29.00 feet to a 1/2" iron rod found, being the southeasterly corner of said 2.001 acre tract, same
being an ell corner in said existing northerly ROW line, for the southeasterly corner of the herein
described tract;
3) THENCE, with said existing northerly ROW line, same being the southerly boundary line of said
2.001 acre tract., S 88'01.3'55-l' W, for a distance of 236.68 feet to a 1/2" iron rod found, being the
southwesterly corner of said 2.001 acre tract, same being the southeasterly corner of said 2.00
acre tract, for the southwesterly corner of the herein described tract;
Page 2 of 4
4) THENCE, departing said existing northerly ROW line, with the common boundary line of said 2.00
acre tract and said 2.001 acre tract, N 02*41'41" W, for a distance of 28.60 feet to the POINT OF
BEGINNING, containing 0.156 acre (6,817 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.
42031. NAD 83.
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON §
That 1, 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 MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen TruesdAle %I
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
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PAGE 3 OF 4
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SPIRITUAL ASSEMBLY OF INDEPENDENT
BAnA' IS FAITH OF ROUND- P,0* B. ����|SCHOOL DISTRICT
PARCEL PLAT SHOWING PROPERTY OF
GEODET
Ics LEONARD DUARTE
PARCEL 28
PROFESSIONAL LAND SURVEYORS
ROUND ROCK, TX. 78681 SCALE PROJECT COUNTY
FIRM REGISTRATION NO. 100591 -00 pr 1 60� GATTIS SCHOOL ROAD WILLIAMSON
EXHIBIT "
PLAT TO AOMMPAN Y" PARCEL DESCRIPTION
LEGEND
I/2" IRON ROD FOUND, UNLESS NOTED
CENTER LINE
IRON SET W/ PLASTIC CAP
t
PROPERTY LINE
STAMPED "INLAND-4933"
t ?
RECORD INFORMATION
--
LINEBR E A K
} IRON ROD FOUND W/PLASTIC
1
DENOTES COMMON OWNERSHIP
CAP, AS NOTED
P.O. B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCING
0 COTTON GIN SPINDLE FOUND
N. T. S.
NOT TO SCALE
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
Ar 60/D NAIL FOUND
D. R. W, C. T.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
A MAG NAIL SET
O. R. We C. T.
OFFICIAL RECORDS
A CALCULATED POINT
O. P. R. We C. T.
WILLIAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
O 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
03/07/19
PAGE 3 OF 4
1 1 A 1 l bear i ngs shown hereon are based can gr i d bear i ng. A l l d i stances are surface d i stances. Coord i notes care
surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO.1920253-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 30, 2019, ISSUE DATE JUNE 101 2019.
1. RESTRICTIVE COVENANTS: VOLUME 874, PACE 63, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT T04
10A. ELECTRIC TRANSMISSION EASEMENT TO TEXAS POWER & LIGHT COMPANY, RECORDED IN VOLUME 337, PAGE 364, VOLUME
377, PAGE 2421 FROM ITS DESCRIPTION CAN NOT BE LOCATED, VOLUME 5240 PAGE 124, VOLUME 715, PAGE 324, DOES
NOT AFFECT, ALL OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
B. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER &.LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY,
RECORDED IN VOLUME 544, PAGE 749, DOES NOT AFFECT, VOLUME 558, PAGE 90, FROM ITS DESCRIPTION CAN NOT BE
LOCATED, VOLUME 699, PAGE 905, AFFECTS AS SHOWN, AND VOLUME 699, PAGE 907, DOES NOT AFFECT, ALL OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
C. ELECTRIC AND TELEPHONE EASEMENT TO TEXAS POWER & LIGHT COMPANY AND SOTHWESTERN BELL TELEPHONE COMPANY,
RECORDED IN VOLUME 699, PAGE 903, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
D. PUBLIC UTILITIES EASEMENT TO CITY OF ROUND ROCK RECORDED IN VOLUME 1347, PAGE 572, OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
E. ACCESS EASEMENT 30 FEET IN WIDTH RECORDED IN VOLUME 583, PAGE 478-1 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
SHOWN HEREIN AS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDF Y D RECT SUPERVISION.
M. STEFfHEN TR ESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 493
LICENSED STATE LAND SURVEYOR
INLAND GEOdETICS, LLC
FIRM REGISTRATION NO. I00591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
y,
I N L A N D u
GEODETiCS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (S12) 238-1200, FAX 612) 238-1251
FIRM REGISTRATION NO. 100591-00
w . f��YA� A � t'�Y 7 R I�NI.A f�•
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M. STEPHEN TRUESDALE
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PARCEL PLAT SHOWING PROPERTY OF
LEONARD DUARTE
SCAL E PROJECT COUNTY
1" = 600 GATTIS SCHOOL ROAD WILLIAMSON
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..n... OHMS rya >1h rinse s. hr1. nAr%f4 k n% nAM^9 2 srn f f^I►Lilr-&rt MiaMY
ACQUISITION 0.156 61817
CALL/DEED AREA 2,001 870164
RE.AdAINDER AREA 1.845 80,347
PARCEL 28