R-2020-0308 - 10/22/2020 GSR3—Parcel 25
RESOLUTION NO. R-2020-0308
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 0.114 acre (Parcel 25) 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 NATHAN LEISTICO and KENT LEISTICO, 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;00456996
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
O F RO U N D 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, is directed 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 to make 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 purchase 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 22nd day of October, 2020.
CRAIG NdORGA or
City of Round Ro , Texas
ATTEST:
ME= SPINK Deputy City Clerk
3
03-05-2019
Page 1 of 4
EXHIBIT
County: Williamson
Parcel: 25
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 25
DESCRIPTION OF A 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A. HOLDER
SURVEY,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF THE REMAINDER OF
THAT CALLED 2.00 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NATHAN
LEISTICO AND KENT LEISTICO RECORDED IN VOLUME 2074, PAGE 716 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod found, 391.16 feet left of proposed Gattis School Road Baseline Station 81+51.73,
being the northeasterly corner of said remainder of the 2.00 acre tract, same being the northwesterly corner of that
called 2.00 acre tract of land described in Warranty Deed to Spiritual Assembly of Bahais of Round Rock, Inc.
recorded in Document No. 9623250 of the Official Records of Williamson County,Texas;
THENCE, with the common boundary line of said remainder of the 2.00 acre tract and said 2.00 acre tract,
S 02°43'14" E, for a distance of 312.83 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid
Coordinates determined as N=10154573.15, E=3143302.04 TxSPC Zone 4203), 78.68 feet left of proposed Gattis
School Road Baseline Station 81+65.05 in the proposed northerly Right-of-Way (ROW) line (ROW width varies) of
said Gattis School Road,for the northeasterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, departing said proposed northerly ROW line, continuing with said common boundary line,
S 02043'14" E, for a distance of 25.80 feet to a 1/2" iron rod found, being an ell corner in the existing
northerly ROW line of said Gattis School Road (ROW width varies), same being the southeasterly corner of
said remainder of the 2.00 acre tract, for the southeasterly corner of the herein described tract, and from
which,a 5/8"iron rod found, being the southwesterly corner of said 2.00 acre tract, same being an ell corner
in said existing northerly ROW line of said Gattis School Road bears,with the common line of said 2.00 acre
tract and said existing ROW line,S 02°30'09"E,at a distance of 28.91 feet;
THENCE, departing said 2.00 acre tract,with, in part, said existing northerly ROW line of Gattis School Road and, in
part,the existing easterly ROW line of Double Creek Drive(ROW width varies),the following three(3)courses:
2) S 88°04'10"W, for a distance of 158.80 feet to an iron rod with plastic cap(unknown)found, for the point of
beginning of a non-tangent curve to the right;
3) Along said non-tangent curve to the right transitioning from said existing northerly ROW line of Gattis School
Road to said existing easterly ROW line of Double Creek Drive, having a delta angle of 90009'44", a radius
of 30.00 feet, an arc length of 47.21 feet and a chord which bears N 46°47'32" W, for a distance of 42.49
feet to a calculated point of non-tangency;
4) N 02°01'02" W, for a distance of 20.55 feet to an iron rod with aluminum cap stamped "ROW 4933" set
102.02 feet left of proposed Gattis School Road Baseline Station 79+79.47, being said proposed northerly
ROW line of Gattis School Road, for the northwesterly corner of the herein described tract;
THENCE, departing said existing easterly ROW line of Double Creek Drive, with said proposed northerly ROW line,
through the interior of said remainder of the 2.00 acre tract,the following two(2)courses:
Page 2 of 4
5) S 46°58'31" E,for a distance of 35.38 feet to an iron rod with aluminum cap stamped"ROW 4933"set 77.00
feet left of proposed Gattis School Road Baseline Station 80+04.49,for an angle point;
6) N 88°01'29" E, for a distance of 163.40 feet to the POINT OF BEGINNING, containing 0.114 acre (4,970
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 MY H AND SEAL at Round Rock,Williamson County,Texas.
M. Stephen Truesd le Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor ���q ;
Inland Geodetics,LLCAA,
d. 's r NO
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Firm Registration No: 100591-00 . ol)� (a ar
1504 Chisholm Trail Road, Suite 103 . .
Round Rock,TX 78681 "1 M,STEPHEN TRUE'OAI-4933
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EXHIBIT "
PLAT TO ACCOMPANY PARCEL. DESCRIPTION 03/05/19
— PAGE 3 OF 5
NUMBER ] DELTA RADIUS LENGTH CHORD CHORD BEARING
C1 90-09' 44'l 30.00' 47. 21 ' 42. 49' N46° 47'32"W
(C1 ) (89°52'29") (30.00' ) (47._06' ) (42. 38' ) (N46° 57' 39"W)
MICHAEL W. MILLARD
RONALD D. LUTZ, JR. AND WIFE, AND WIFE
SARA L. LUTZ ANGELA KELLY WIFE,
N
(1.00 AC. ) (1.00 AC. )
VOL. 2538, PG. 358 VOL. 2.430, PG 2.60
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NUMBERY2 82-00
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L 1 sot°43' 14"E 25. 80' GATT I S SCHOOL ROAD u
L2 S02°30'09"E 28. 91 ' {R.O.W. WIDTH VARIES) m
(L2) (502°40'34"E) (29. 00' )
L3 NO2°01 '02"'N 20. 55'
L4 S46°58'31 "E
35. 38'
PARCEL_ PLAT SHOWING PRCPER7Y OF
INLAND 0 NATHAN LE I ST I CO AND
GEODETICS
PROFESSIONAL LANA SURVEYORS KENT LE I ST ICC} PARCEL. 25
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,Tx.78681 SCALE PROJECT COUNTY
PH.(512)238-12DO,FAX(512)138-1251
FIRM RECISTRATION NO.100591-00 1" 60GATT I S SCHOOL ROAD W I LL I AMSON
P:\-RTG\GATTIS SCHOOL WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 25-LEISTICO\PARCEL 25-LE STICO-REV.agn
EXHIBIT A ,,
PLAT TO ACCOMPANY PARCEL IDESCRIPTION 03/05/19
PAGE 4 OF 5
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are
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 OF NO. 1920250-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 30, 2019, ISSUE DATE JUNE 10, 2019.
1. RESTRICTIVE COVENANTS: VOLUME 674, PAGE 33, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
10A. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 42.0, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED.
B. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 451, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
C. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 2.99, PAGE 455, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
D. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 304, PAGE 573, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FHOM ITS DESCRIPTION CAN NOT BE LOCATED.
E. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 308, PAGE 31, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED.
F. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 325, PAGE 621, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, NO RECORD OF DEED FOUND.
G. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 337, PAGE 364, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED.
H. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 240, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
I. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 242, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED.
J. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 419, PAGE 248, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED.
K. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 524, PAGE 124, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
L. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME
544, PAGE 749, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
M. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME
558, PAGE 90, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED.
N. ACCESS EASEMENT RECORDED IN VOLUME 583, PAGE 478, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES
NOT AFFECT.
0. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 699, PAGE 903, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
P. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME
699, PAGE 907, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN.
Q. WATER/SEWER/PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS RECORDED IN VOLUME 1347, PAGE
601, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
R. PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO. 2012.023738, OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECT AS SHOWN.
_.. PARCEL PLAT SHOWING PROPERTY OF
I N L A N D u NATHAN LE I ST I CO AND
GEODETiCS� KENT LE I ST I CO PROFESSIONAL LAND SURVEYORS PARCEL 25
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.7R681 SCAL EPROJECT COUNTY
PN.(512)238-1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591-00 Jr. 1" = 60' GATT I S SCHOOL ROAD WILLIAMSON
C:\*HOME-OFFICE\xRTG-GATTIS SCHOOL\PARCEL 25-LEISTICO\PARCEL 25-LEISTICO-REV.dgn
EXHIBIfi A.
PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/05/19
PAGE 5 OF 5
LEGEND
• %2" IRON ROD FOUND, UNLESS NOTED C CENTER LINE
00 IRON SET W/ PLASTIC CAP It PROPERTY LINE
STAMPED "INLAND-4933" I RECORD INFORMATION
O IRON ROD FOUND W/PLASTIC V LINE BREAK
N DENOTES COMMON OWNERSHIP
CAP, AS NOTED P.O.B. POINT OF BEGINNING
0 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
A 60/D NAIL FOUND D. R.W.C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
A MAG NAIL SET 0.R.W.C. T. OFFICIAL RECORDS
A CALCULATED POINTWILLIAMSON 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
3T
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 �..re. . .....�,.s�# ..�
GROUND UNDER Y DI ECT SUPERVISION _ 4993 1
--� �.. u
M. STEPHE TRI .SDALE DATE +
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SQUARE FEET
LICENSED STATE LAND SURVEYOR ACQUISITION 0. 114 4,970
INLAND GEODETICS, LLC
FIRM REGISTRATION NO, 100591-00 CALC/DEED AREA 1.446 63,000
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681 REMAINDER AREA 1.332 58,030
6. PARCEL PLAT SHOWING PROPERTY OF
INLANDU NATHAN LE I ST I CO AND
GEODETICS KENT LE I ST I CO
PROFESSIONAL LAND SURVEYORS PARCEL 25
1504 CHISHOLM TRAIL RD.STE.103 --
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY
PH.(512)238-1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591-00 1" 60GATT I S SCHOOL ROAD WILLIAMSON
C:\kHOME-OFFICE\xRTG-GATTIS SCHOOL\PARCEL 25-LEISTICO\PARCEL 25-LEISTICO-REV.dgn