R-2020-0280 - 10/8/2020RESOLUTION NO. Rm202OmO280
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 i*s 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 0.148 acre (Parcel 7, Parts Im2) of land
located i*n 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 MSF ROUND ROCK — L, LLC, for the public use of construction, reconstruction,
widening, maintaining, and operating of the Gatti*s School Road roadway improvements and related
facilities, and utility adjustments, relocation, and/or installation(S(VProject"), 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 Pr oect, 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
compensation, and completing acquisition of the Property for this Project.
and approving just
0 112.20202;00455963
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
Section I -
The City Council hereby finds and determines that i*t 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, i*n 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 i*s 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 Cl*ty's power of eminent domain to acquire the stated interest 1"n and to
the above described lands, i*n 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,, Iti"s 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 i*t i*s later determined that there are any errors in the descriptions
contained herein or i*f 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 5 51, Texas Government Code, as amended.
RESOLVED this 8th day of October, 2020.
ATTEST:
SARA L. WHITE, City Clerk
CRAIG MORG,)Nayor
City of Round R ,Texas
3
County:.. Williamson
Parcel: .7, Parts I -& 2
Project: Gatos. School Road
A
EXHIBIT
PROPERTY DESCRIPTION FOR
PARCEL 7* PART I & 2
01-31-2Q19
Pa.9e 1of 5-
DESCRIPTION OF TWO PARCELS. OF LAND TOTALING 0.148 ACRE (6,461 U SQ ARE FOOT)
SITUATED IN THE ASA THCJMA& SURVEY, ABSTRACT Nth. 6d9, IN WILCOUNTY, TEXAS-,
BEING A PORTION OF LOT 1- (1.90 ACRES),: FINAL PLAT OF ECKERD DRUG STORE, SECTION
ONE* A SUBDIVI:SION OF RECORD IN CAB1NET_W,.SLIDES 381-382 OF THE. FLAT.RECORDS OF
r
WILLiAMSUN 'TEXAS, IN SPEClAL' WARRANTY DEED TfJROUND ROCK.
L, LLC, RECORDED IN DOCUMENT NO. -2f}06101689'*-* OF THE. OFFICIAL' PUBLIC. RECOR-DS OFWILLJAM.S.ON� COUNTY, TEXAS., SAID- .0.148-AGRE'{6,461 SQUARE FOOT) PARCELS - OF LAND
BEING MAREDESCRIBED AS PART I, CONTAINING* 0,077* AG'E .(3349 SQUARE-
7RFEET).- OF LAND AND PART 2CONTAINING Q.071 ACRE (3,112 SQUARE -FEET)- OF LAND AND.
FUTHER DESCRIBED BY METESAND BOUNDS AS FOLLOWS.,
PART1 (0.077 ACRE 3,3
ET
School opo--d- Gattids. Road- BaselineCOMME.NCING at an X cut. in concrete found- 8*5,04 feet- roght of pr se
Station 40+84.18, being in the easterly boundary line of Lot 1, 'Black 'Blck RFinalof the Piat ofProvident
Crossings,- Section, II, a subdivision of record Cabinet FF #des7.9-w8O of the Plat Recordsin of
Williamson County,* Texas, same- being the-: westerly boundary. line of said Lot 1 of- Eckerd.- Drug Store.
subdivision;
flne. of said l.of A and sa*d Lot 1, N 0'10*32'34'#'Wj -THENCE-with the. common baundary.. 1,
for a
distance -of 17.96 feet to. an iron rod+ with aluminumcap. stam.PedROW 4933 set
-(Grl;b.d CoordoiateSdetermined asN"-10154256,85., E."VNEW-3139226.78 TxSPC Zone.4203), 67,09- feet right of proposed Gatfis..
School Road BaselineStation 4U+83.76, b
eing in the.- -proposed southerlyLrightmof"way (Ro line of
. -
Gatos School Road, (.ROW width varies), for- the southwesterly corner --and- POINTOOfF BEGINNING the
herein- described tract;.
1) THENCE,. continuing with said common boundary line- N Q1°32'34" W, for a distance of Z0.00
feet. to -a Mag Nail with washer stamped: 0-chapparal" found in the.. existing southerly- ROW- fine of
Gatos School Road- (ROW width varies),- being the northeasterlycornerof Said Lot 1, Provident
Crossings. same being the northwesterly corner of SaidLot IEckerd Drug Store.. subdivision,, for
the northwesterly corner a#the herein described tract*
2�) THENCE, departing said Lot I, of Provtide.nt Crosstngs subdivision, with the northerly bou,ndary
V.
line. of said Lot-� I of Eckerd Drug- Store subdivision, same being. the. said existingsoutherly ROW
line. of Gattis School. Road,: N 88°19'14" E-., for a. distance of 145.25 -feet- to a calculated. point,
being the point of -intersection of said existing southerly ROW- line of Gatt'is: School Road* andAhe
existing westerly ROW line of A.Wat. Boulevard (ROW width varies),,
'Cgs existing.- ROW'lione of A.
3) THENCE, departing said existing southerly ROW line wit'n said
W. Grimes Boulevard, same being. the northeasterly boundary line of said Lot 1,,. S 60°45'46" E,
for a -di'stance of'63,.22 feet to an iron rod found -with plastic. cap stamped "BPI" found 478,.5feet
.
right of proposed* Gattis School -Road Baseline. * Station 42+g1,39,for'the- eastefly� 'corner of* th
here -in described- tract, and from which, a 1/2- iron- rod found, being in the northeasterly boundary
line of said Lot 1, same being rn said westerly ROW line of said A. W. Grimes Boulevard, also
being the. most northerly' corner of said 0.071 -acre Part- 2- here -in beers. S 46°59'S1" E, at -a
distance of 50.17 feet*
V