R-2020-0330 - 11/12/2020RESOLUTION NO. Rm202OmO330
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 ("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 pub lic uses and purposes ("Pr oject");
and
WHEREAS, in accordance with the above, the City Council hereby finds that public necessity4
requires the acquisition of an electric utility easement in an d across approximately 0.125 acre (Parcel
91) of land located in Travis County, Texas and more particularly described by metes and bounds and
survey plat i*n Exhibit "A" attached hereto, such property being owned by
RICHARD SCROGGINS
(the "Property"), for the public use of construction, reconstruction, installation, maintaining, and
operating of electric utility facilities required as a part of the 1"MProvements to the Project, at such
locations as are necessary and that such constructing, reconstruct ing, 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
compensation, and completing acquisition of the Property for this Project.
and approving just
0 112.20202; 0045 895 5
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 1'*t is necessary for the welfare of
the City of Round Rock, the BCRUA, and its member cities and their c0
itizens, 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, i*n 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 i*n 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 Cl*ty's power of
eminent domain to acquire the stated interest i*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,, It i*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
40
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 12th day of November, 2020.
ATTEST:
LL
SARA L. WHITE, City Clerk
CRAIG OR N, Mayor
City of ound ock, Texas
3
BCRUA 091
RICHARD SCROGGINS
EXHIBIT
--��-- ker Partners
engineers *surveyors
600 Austin Ave., Suite 20
Waco,, Texas 76701
0.125 ACRE
ELECTRIC EASEMENT
LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761
AND THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840
TRAVIS COUNTY, TEXAS
" A "
FIELD NOTES FORA 0.125 ACRE STRIP OF LAND LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 AND THE
JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.369
ACRE TRACT DESCRIBED IN A DEED TO RICHARD SCROGGINS, OF RECORD UNDER TRAVIS COUNTY CLERK'S
DOCUMENT (T.C.C.D.) 2010043937 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID
0.125 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 FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE NORTH
CORNER OF SAID 4.369 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE EAST CORNER OF A CALLED
4.171 ACRE TRACT DESCRIBED IN A DEED TO KIRBY FRANKS AND WIFE, BILLIE DELL FRANKS, OF RECORD IN VOLUME
9260, PAGE 708 OF SAID O.P.R.T.C.T.;
THENCE WITH THE NORTH EAST LINE OF SAID 4.369 ACRE TRACT, ALONG THE SOUTHWEST MARGIN OF NAMELESS
ROAD, THE FOLLOWING TWO (2) CALLS:
1) S 53006906" E - 86.17'TO A POINT FOR ANGLE,
2) S 52034905" E- 161.11' TO A 1/2" IRON ROD FOUND MARKING THE EAST CORNER OF SAID 4.369 ACRE TRACT
AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A CALLED 4.60 ACRE TRACT
DESCRIBED IN A DEED TO BRUCE A. GUNGE AND KATHRYN DEANN GUNGE, OF RECORD UNDER T.C.C.D.
2007107478 OF SAID O.P.R.T.C.T.;
THENCE S 26029'491' W - 55@961 WITH THE COMMON LINE BETWEEN SAID 4.369 ACRE TRACT AND SAID 4.60 ACRE TRACT,
TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 5/8" IRON ROD FOUND
MARKING THE SOUTH CORNER OF SAID 4.369 ACRE TRACT BEARS S 26029'49" W - 721,86';
THENCE THROUGH THE INTERIOR OF SAID 4.369 ACRE TRACT, THE FOLLOWING FOUR (4) CALLS:
1) N 52047914" W-17.90'TO A POINT FOR CORNER,
2) N 37012146" E - 35.01'TO A POINT FOR CORNER,
3) N 52034'05" W-153w60'TO A POINT FOR CORNER,
4) N 53006'06" W - 82.46'TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE
COMMON LINE BETWEEN SAID 4.369 ACRE TRACT AND SAID 4.171 ACRE TRACT, FROM WHICH A 1/2" IRON ROD
FOUND MARKING THE WEST CORNER OF SAID 4.369 ACRE TRACT BEARS S 26040'04" W - 735e59';
THENCE N 26*40'04" E - 20.32'WITH THE COMMON LINE BETWEEN SAID 4.369 ACRE TRACT AND SAID 4.171 ACRE
TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.125 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED
PROFESSIONAL LAND SURVEYOR, NO. 41226
BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83o
TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCE SHOWN HEREON
ARE SURFACE VALUES. /\
SURVEYED: SEPTEMBER 20, 2017
RELEASED: DECEMBER 20, 2017
IV w- WARREN L. SIMFM0N, R,P.L,S. 4�
PROJ NO. 3-00619
PLAT NO. Al-1360
FIELD NOTE NO. 091
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G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1 .5 Final Copies\Field Notes\FN-9l.docx
BCRUA 091
RICHARD SCROGGINS
LEGEND
•
P.R.T.C.T.
T.C.C.D.
O.P.R.T.C.T.
=1/2" IRON ROD FOUND
(UNLESS OTHERWISE NOTED)
= DEED CALLS
= PLAT RECORDS TRAVIS
COUNTY, TEXAS
= TRAVIS COUNTY
CLERK'S DOCUMENT
= OFFICIAL PUBLIC RECORDS
TRAVIS COUNTY, TEXAS
- EASEMENT AREA
- X - = WIRE FENCE
-0- = UTILITY POLE
�- = GUY WIRE
- E - = OVERHEAD ELECTRIC LINE
- T = OVERHEAD TELEPHONE LINE
[I] = TELEPHONE RISER
LINE TABLE
LINE
DIRECTION
LENGTH
=((L-11)
S 53° 06' 06" E
86.17'
(S50030'497)
(87.60')
L-2
S 52° 34' 05" E
161.1 V
(L-2)
(S 490 58' 48" E)
(163.790)
L-3
S 260 29' 49" W
55.96'
L-4
N 520 47' 14" W
17.90'
L-5
N 370 12' 46" E
35.01'
L-6
N 520 34' 05" W
153.60'
L-7
N 530 06' 06" W
82.46'
L-8
N 76'0 401040 E
20.32'
FIELD NOTE
POINT OF BEGINNING
GRID COORDINATBS
N:10159025.92' E:3057508.68'
r
55�5 0 0
4 32 �.
249.810
1.65' X 1.65'
STONE COLUMN WITH
WOOD RAIL FENCE
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KIRBY FRANKS AND WIFE,
BILLIE DELL FRANKS
CALLED 4.171 ACRES
VOLUME 9260, PAGE 708
O.P.R.T.C.T.
E%HIBIT
OF A 0125 ACRE ELEG7AIC EASEMENT
LOCATED IN THE JAMBS SYLVESTER SURVEY,
ABSTRACT 761 AND THE JOSE ANTONIO
SUR ABSTRACT 840 IN TRAVIS COUNTY,
TEXAS, BHINC3 A PORTION OF A CALLED 4369
ACHE TRACT DHSCRIBHD IN A DEED TO
RICHARD SCROGGINS, OF RECORD UNDER
TRAVIS COUNTY CLERK!S DOCUMENT
2010043937 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS
SURVEYOR'S NOTES:
SURVEYED: SEPTEMBER 20, 2017
RELEASE DATE: DECEMBER 20, 2017
FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF
AND TITLED:
0.125 ACRE ELECTRIC EASEMENT LOCATED IN THE JAMES
SYLVESTER SURVEY, ABSTRACT 761 AND THE JOSE ANTONIO
SURVEY ABSTRACT 840, TRAVIS COUNTY, TEXAS.
THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS
SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT
EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN
ADDRESSED HEREON. HOWEVER, THE SURVEYOR DOES NOT
GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR
ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD)
WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON.
THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED
UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM
OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE
VALUES.
CQ COPYRIGHT ALL RIGHTS RESERVED
LOT 76
WHITE RIM MOUNTAIN
SECTION TWO
VOLUME 84, PAGE 813-9A
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VOLUME 84, PAGE 813-9A
P.R.T.C.T.
WARREN L. SIMPSON, R.P.L.S.4172
isimpson@walkerpartners.com
�r artners
engineers *surveyors
600 Austin Avenue, Suite 20 • Waco, Texas 76701
Phone: 1-254-714-1402 • T.B.P.E. Registration No. 8053
T.B.P.L.S. Registration No.10032500
•
BRUCE A. BUNGE AND
KATHRYN DEANN BUNGE
CALLED 4.60 ACRES
T.C.C.D. 2007107478
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GRAPHIC SCALE IN FEET
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