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R-2020-0332 - 11/12/2020RESOLUTION NO. R=2020=0332 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 part icipating 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 public uses and purposes ( "Project"); and WHEREAS, in accordance with the above, the City Council hereby finds that public necessity requires the acquisition of an electric utility easement in and across approximately 0.133 acre (Parcel 90) of land located i*n 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 BRUCE A. BUNGE and KATHRYN DEANN BUNGE installation, maintaining, and improvements to the Project, (the " Property"), for the public use of construction, reconstruction, operating of electric utility facilities required as a part of the at such locations as are necessary and that such constructing, reconstructing, 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 deterillining and approving just compensation, and completing acquisition of the Property for this Project. 0112.20202; 00458996 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS0 : 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 citizens, 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, in order to allow the BCRUA, its member cities, and the City and/or its ass*gns to complete said Pro'ect. Section 2. The City Attorney, or his designated agent, has on behalf of the BCRUA9 its member cities and the C*1ty 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 '0 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 i*n 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 Proj, and to perform and undertake all other Pectroceedings 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 i*t i*s later determined that there are any errors i*n 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 5 51, Texas Government Code, as amended. RESOLVED this 12th day of November, 2020. ATTEST: r SARA L. WHITE, City Clerk 11f, tm / *1 CRAIG ORrock, ,Mayor City of Round Texas 3 EXHIBIT " A " IFICRUA 090 BRUCE..,& BUNGE AND IKATH-YN DEANN BUNGE LA2NTalker �'a�t�trzers engineers surveyors 600 Austin Ave., Suite 20 Waco., Texas 76701 04133 ACRE ET RCTRIC EASEMENT LOCATED IN THE JAMES SYLVEMR &% SURVEY, ABSTRACT 761 ANM I� JOSE ANTONIO Sluz�v------- -- �, ABSIIUCT 840 TRAVIS COUNTY, TEXAS FIELD NOTES FORA 0.133 ACRE STRIP OF LAND LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 AND THE JOSS ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAMS COUNTY, TEXAS., BEING A PORTION OF A CALLED 4.60 ACRE TRACT DESCRIBED IN A DEED TO BRUCE A. GUNGE AND KATHRYN DEANN GUNGE, OF RECORD UNDER TRAMS COUNTY CLERICS DOCUMENT (T.G.C.D.) 2007107478 OF THE OFFICIAL PUBLIC RECORDS OF TRAMS COUNTY, TEXAS (O.PSLT.C.T.. SAID 0A33 ACRE EASEMENT BEING MORE PARTICULARLY SHOWNONTHEAT-T- HED 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 FENCED SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE NORTH GARNER OF SAID 4.60 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE EAST CORNER OF A CALLED 4.369 ACRE TRACT DESCRIBED IN A DEED TO RICHARD SCROGGINS, OF RECORD UNDER T.C.C.D.. 2010043937 OF SAID O.P,R,TC,,T,,; THENCE S 53*14V06"' E - 256.00'WITH THE NORTHEAST LINE OF SAID 4.60 ACRE TRACT, ALONG THE FENCED SOUTHWEST MARGIN OF ISIMELESS ROAD, TO A POINT AT THE EAST CORNER OF SAID 4.60 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A CALLED 10.836 ACRE TRACT DESCRIBED IN A DEED TO STEVEN P. HUEMANN AND ANTONIA M. HUEMANN, OF RECORD UNDER T,.C,,C.,D. 2002-240427 OF SAID 0-,P.R.T,.C,,T.,; THENCE S 26*40'001-* W - 55.80" WITH THE COMMON LINE BETWEEN SAID 4.60 ACRE TRACT AND SAID 10.836 ACRE TRACT, TO A POINT FOR THE THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 11211 IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 4.60 ACRE TRACT BEARS S 26*4VOO-v W - 766.33'; THENCE THROUGH THE INTERIOR OF SAID 4.60 ACRE TRACT, THE FOLLOWING FIVE (5) CALLS: 1) N 53*W3291 W -um l6w27' TO A POINT FOR CORNER, 2} N 36*05928" E - 35-13" TO A POINT FOR CORNER, 3) N 5rl4!06" W - 236w7T TO A POINT FOR CORNER, 4) S 3r12946" W - 35e089 TO A POINT FOR CORNER, 5) N 52*4rl 4" W - 2al 0" TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE COMMONONE BETWEEN SAID 4.60 ACRE TRACT AND SAID 4.369 ACRE TRACT, FROM WHICH A 5/F IRON ROD FOUND MARKING THE WEST CORNER OF SAID 4,60 ACRE TRACT BEARS S 2602W4,Tw. Ww"721,86"-* THENCE N 2r29"49-"' E - 55-96" WITH THE COMMON LINE BETWEEN SAID 4.60 ACRE TRACT AND SAID 4.369 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.133 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON,, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 41 v BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 839 TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES. /1 SURVEYED: AUGUST 22, 2017 RELEASED: DECEMBER 20, 2017 ----------------------- - WARREN L. SIM ON, Rp'"116, 4' PROJ NO. U061 9 PLAT NO. Al-,1359 FIELD NOTE NO, 090 MAP CHECKED: 12/01/2017oJBM S T Cb* •s��a���srs�a•��s�s WARREN L. SIMPSt}N Bosoms usage *Bosoms 9:0po 41?2 ��w' q7 � �• Su www.WdkerPortners.com TBPE Registraflon No. 8053 1 TBPL5 Registrafion No.. 10032500 G"\Projecis\3-00619\3 Phase 2 Land RightAl Survey\L5 Final Coples\Field Notes\FN-90,.docx BCRUA 090 BRUCE A. BUNGS AND KATHRYN DEANN BUNGE LEGEND • =112" IRON ROD FOUND 2 2 e jr b�99 (UNLESS OTHERWISE NOTED)2 ?-iY4 jSF ( } = DEED CALLS U�,� 1a P.R.T.C.T. = PLAT RECORDS TRAVIS ---OA , - M " , TM, , 6 COUNTY, TEXAS "— x T.C.C.D. = TRAMS COUNTY CLERK'S DOCUMENT APPROXil.OATE LOC aTION OF SURVEY LINE O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS -+ V. J = EASEMENT AREA — X — = WIRE FENCE i —O— = UTILITY POLE A E--- = GUY WIRE — E -- = OVERHEAD ELECTRIC LINE — T — = OVERHEAD TELEPHONE LINE �t © = TELEPHONE RISER LINE TABLE LINE DIRECTION LENGTH L-1 S 26° 40' 00" W 55.80, L-2 N 53° 54' 32" W 162T L-3 N 36° 05' 28" E 35.13' L-4 S 37° 12' 46" W 35.08' L-5 N 52° 47' 14" W 2.10' L-6 N 26° 29' 49" E 55.96' S All .ti N. RICHARD SCROGGINS CALLED 4.369 ACRES T.C.C.D.2010043937 EXHIBIT 0P.12TC`T OF A 0133 ACRE ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 AND THE JOSE ANTONIO SURVEY ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.60 ACRE TRACT DESCRIBED IN A DEED TO BRUCE A. BUNGE AND KATHRYN DEANN BUNGE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2007107478 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS SURVEYOR'S NOTES: SURVEYED: AUGUST 22, 2017 RELEASE DATE: DECEMBER 20, 2017 FIELD NOTES ATTACHED HERETO, MADE APART HEREOF AND TITLED: FIELD NOTE POINT OF BEGINNING GRID COORDINATES N:1015887628' E3057705.49' �NAMELESS ROAD S 5 4s�� WIDTH VARJES) SS. ,, 56.15J It MI. S 53001'09' E w 104.62' Afsjo 14 ROPE x L-5 CONDR E cry S 56°02'24" E 0.133 ACRE "�`' 224.04' EASEMENT STEVEN P. HUEMANN AND ANTONIA M. HUEMANN CALLED 10.836 ACRES T.C.C.D.2002240427 BRUCE A. BUNGE AND O.P.R.T.C.T. KATHRYN DEANN BUNGE CALLED 4.60 ACRES T.C.C.D.2007107478 co O.P.R.T.C.T. '- M �r C.6 a ct> 0.133 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 1�r- 1 M' IRON EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN 1 ROD FOUND ADDRESSED HEREON. HOWEVER, THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) LOT 75 WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. WHITE MOUNTAIN SECTION TWO THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED VOLUME 84, PAGE SB-9A UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, P.R.T.C.T. / IRON CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM LOT 74 ROD FOUND R O OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE / WHITE RIM MOUNTAIN VALUES. 0 * a "' SECTION TWO • • a��` / ��G,ST P�R, VOLUME $4, PAGE 8B-9A P.R.T.C.T. s.re.•arrss......s WARREN L. SIMPSO GZZL��'' ;gyp 4122 Q �. �Q •. WARREN L SIMPSON, R.P.L.S.4122 lsimpson@walkerpartners.com ■ o •SSN• f�O S U R\JCj COPYRIGHT ALL RIGHTS RESERVED 0 50 100 200 A kelPartners GRAPHIC SCALE IN FEET engineers * surveyors PLAT NO. Al-1359 PROD. NO. 3-00619 DRAFTED 12/01 17 600 Austin Avenue. Suite 20 • Waco, Texas 76701 Phone: 1-254-714-1402 0 T.S.P.E. Regisstration No. 8053 TAB NA F/N NO. 090 FB/PG 3-3 /52 DRAWN B TFG/jBi T.B.P.L.S. Registration No. 10032500 DWG. NAME 3-CM19ESMT PARCEL 090 - MAP CHK'D 12 01 17 BUNGE.DWG 7i 0 ca v c 0 E