Loading...
R-2020-0340 - 11/24/2020 Oakmont Extension RESOLUTION NO. R-2020-0340 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 (1) a drainage easement interest in and across approximately 0.02 acre (1,082 SF) of land in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit "A" attached hereto, and (2) a temporary construction workspace easement in and across two parcels of land totaling 0.1 acre (4,291 SF) of land located in Williamson County, Texas, being more particularly described by metes and bounds and on the plat to accompany parcel description in Exhibits `B-C"attached hereto (collectively the "Property"), such Property being owned by WC ROUND ROCK LAND PARTNERS, LP, for the public use of construction, reconstruction, widening, maintaining, and operating of the Oakmont Drive extension 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 0112.20202;00459589 WHEREAS, it is necessary to establish procedures for determining and approving just compensation, and completing acquisition of the Property for this Project. 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 or shall make 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 2 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. 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 24th day of November, 2020. CRAIG OR , Mayor City of Round%ock, Texas ATTEST: MEAGA SPINA, Deputy ity Clerk 3 EXHIBIT "All STATE OF TEXAS JULY,2020 COUNTY OF WILLIAMSON DRAINAGE EASEMENT 0.02 ACRE- 1082 SQUARE FEET These notes describe that certain tract of land located in the EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 and the DAVID CURRY SURVEY. A-130, situated in Williamson County, Texas; being within the corporate city limits of Round Rock, Texas, being a part of and out of Lot 2,Block"A",Cypress Addition,a dedicated subdivision as recorded in Cabinet N, Slide 267 of the Plat Records of Williamson County,Texas(PRWC),same being conveyed to WC Round Rock Land Partners, LP of record in Document No.2013115112 of the Official Public Records of Williamson County(OPRWC),being surveyed on the ground under the direct supervision of Bruce Lane Bryan,Registered Professional Land Surveyor No.4249,during the month of July,2020 and being more fully described as follows: BEGINNING at a calculated point(North= 10,174,637.85 feet, East= 3,129,438.76 feet) in the South line of"Parcel 2- 0.27 Acre" as recorded in Document No. 2019065012, OPRWC, same being in the South line of future Oakmont Drive; found 1/2" iron rod(capped LAND DESIGN)at the Southeast corner of said"Parcel 2-0.27 Acre"and the Southwest corner of"Parcel 3 -0.92 Acre" as recorded in Document No, 2019065012, OPRWC in the South line of future Oakmont Drive bearing North 66*43' 24"East a distance of 132.62 feet; THENCE with the Southern, Western and Northern lines of subject tract, over and across aforementioned Lot 2, Block"A",Cypress Addition as follows: * South 32*561 15"West 68.70 feet to a calculated corner to a point in the common line of Lot 2, Block"A"and l.,ot 1, Block"A"Cypress Addition, 9 North 22*26'56"West 38.70 feet with said common line of Lots I and 2, Block "A"to a calculated comer at a common corner of both in the aforementioned South line of "Parcel 2-0.27 Acre": THENCE North 69*39'33"East with the South line of said-Parcel 2-0.27 Acre"and the South line of future Oakmont Street a distance of 9.55 feet to a found V2"iron rod, THENCE North 66* 43' 24" East with said South line of said "Parcel 2 - 0.27 Acre" and the South line of future Oakmont Street a distance of 47.00 feet to the PLACE OF BEGINNING containing according to the dimensions herein stated an area of 0.02 Acre (1082 square feet) of Land. NOTE: Bearings and coordinates recited herein based on Texas Plane Coordinate System (central zone) NAD 83/93 adjustment and are grid values; to convert distances to surface divide by combined scale factor of 0.99991.1979520. Attention is invited to accompanying plat for further OF Bruce Lane Bryan Registered Professional Land Surveyor No.4249 1 ................ BRUCE LAME Edi �. Bryan Technical Services, Inc. 4249 -I"BPLS Firm No. 10128500 911 N. Main St.,Taylor.TX 76574 '_0 1 OAKMONT CENTRE SECTION FIVE / CAB. F, SLIDE 139 PRWC CHANDLER CREEK PARCEL E&F, L.P. / DOC.# 2011019081 OPRWC gNs 5� PARCEL 3 �g AGT PARCEL 1 0.92 OF ONE ACRE 0.15 OF ONE ACRE DOC.#39,991 SQ. .) (6,455 SQ. FT.) PRWC DOC.# 2019065012 OPRWC TOTKN, LLC (18.389 ACRES) DOC. NO. 2018072814 OPRWC Poe IRF N 66' 43' 24' F 132.62' \ N66'43'24"E 47.00' N69'39'33"E 9.55' ,- /PARCEL 2 N22'26'56"W 38.70' 0.27 of ONE ACRE (11,907 SQ. FT.) DOC.# 2019065012 OPRWC ��� S32'56'15"W 68.702 I �� pRO�C\MP P DRAINAGE EASEMENT CYPRESS ADDITION 1082.49 SQ ET--"' CAB. N, SLIDE 267 PRWC WC ROUND ROCK LAND PARTNERS N�� 1 0.02 ACRES LP DOC. # 2013115112 OPRWC BLOCK A C� �• CYPRESS ADDITION CAB. N, SLIDE 267 OPRWC WC ROUND ROCK LAND PARTNERS LP DOC. # 2013115112 OPRWC { BRUCE LANE BRYAN LEGEND: ................... �0 4249 v' O 1/2- IRON ROD SET �ijjb FFSS\O�yD� • 1/2" IRON ROD FOUND L CALCULATED CORNER DRAINAGE EASEMENT BRYAN TECHNICAL SERVICES,INC. NOTE: BEARINGS SHOWN HEREON BASED ON TEXAS 0 50 100 911 NORTH A1.41N PHONE:(5121352-9490 STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD TA%LUR.TX?t5?4 VAX:1$1213$3-9091 83, 93 ADJUSTMENT AND ARE GRID VALUES. TOFIRM No. 10128500 CONVERT DISTANCES TO SURFACE DIVIDE BY COMBINED SCALE FACTOR OF 0.999911979520. SCALE: 1"=100' b1-yantechnicalservices.com 19-405 ESMT.dwg DRAINAGE EASEMENT 10/8/2020 11:10 AM EXHIBIT "B" STATE OF TEXAS .ICILY,2020 COUNTY OF WILLIAMSON TEMPORARY CONTRUCTION EASEMENT#3 0.03 ACRE— 1275 SQUARE FEET These notes describe that certain tract of land located in the EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, situated in Williamson County, Texas; being within the corporate city limits of Round Rock, Texas, being a part of and out of Lot 2, Block "A", Cypress Addition, a dedicated subdivision as recorded in Cabinet N. Slide 267 of the Plat Records of Williamson County, Texas (PRWC), same being conveyed to WC Round Rock Land Partners of record in Document No.20131151 12 of the Official Public Records of Williamson County(OPRWC),being surveyed on the ground under the direct supervision of Bruce Lane Bryan,Registered Professional Land Surveyor No.4249,during the month of July,2020 and being more fully described as fellows: BEGINNING at a found 14"iron rod(capped LAND DESIGN)(North= 10,174,782.48 feet,East = 3,129,798.53 feet)at a common corner of"Parcel 4 0.33 Acre"as recorded in Document No. 2019065012, OPRWC and "Parcel 3 — 0.92 Acre" as recorded in Document No. 2019065012, OPRWC in the South line of future Oakmont Drive; THENCE South 6$`50' 59"West with the South line of said "Parcel 3 —0.92 Acre"and South line of future Oakmont Drive a distance of 255.18 feet to a found '/2" iron rod at the Southwest corner of said"Parcel 3 —0.92 Acre', same being the Southeast corner of"Parcel 2—0.27 Acre" as recorded in Document No.2019065012,OPRWC; THENCE South 23° 16' 36" East,over and across aforementioned Lot 2,Block "A",a distance of 5,00 feet to a calculated point at the Southwest corner of subject tract; THENCE North 68'51' 02"East, over and across aforementioned Lot 2 Block"A",a distance of 255.02 feet to a calculated point at the Southeast corner of subject tract; THENCE North 21°27'37"West,over and across aforementioned Lot 2,Block"A',a distance of 5.00 feet to the PLACE OF BEGINNING containing according to the dimensions herein stated an area of 0.03 Acre(1275 square feet)of Land. NOTE: Bearings and coordinates recited herein based on Texas Plane Coordinate System (central zone) NAD 83/93 adjustment and are grid values; to convert distances to surface divide by combined scale factor of 0.999911979520. Attention is invited to accompanying plat for further Bruce Lane Bryan Registered Professional [.,and Surveyor No.4249 Bryan Technical Services,Inc. TBPLS Firm No. 10128500 -1- 911 N. Main St.,Taylor,TX 76574 ...................... BRUCE LANE BRYAN C} y{. .. 4249 ` f REMAINDER LOT 3 BLOCK B l PARCEL 9 WONT CENTRE SECTION FIVE5�g�g� DOC. NO. 2018020604 CAB. F,SLIDE 139 PRWC NDLER CREEK PARCEL E&F, L.P. �O• P``�G���PG 1 �y.1�' 1 YVC� DOC.# 2011019081 OPRWC g� gRRS�g,p, Zak 1�'' o• `�l��p6� �0 � PARCEL 3 OOG 0.92 OF ONE ACRE P�G� P�' > �yJG (39,991 SQ. FT.) 9 DOC.# 2019065012 OPRWC TCE # 4 p `�o1�pp6 ApP 1275.02 SQ FT-- o 0.03 ACRES f ` L4 roc �� 55'x$0' � QpRoX\MP�E L1� _3 t16��0,59� Zg5 02 � Sig 30 L2 568 g1'Oi� \ TCE # 3 ��S`�g'�C� --1275.06 SQ FT PARCEL 2 0.03 ACRES 0.27 OF ONE ACRE (11,907 SQ. FT.) LINE TABLE DOC.# 2019065012 OPRWC 2 LINE LENGTH BEARING L1 5.00 S21*27'37"E L2 5.00 N23'16'36"W f CYPRESS ADDITION L3 5.00 N23'16'36"W CAB. N, SLIDE 267 PRWC ROUND ROCK LAND PARTNERS L4 5.00 S21'08'34"E _P DOC. # 2013115112 OPRWC LEGEND: '' '•'•'' ' •• '''''' TEMPORARY CONSTRUCTION BRUCE LANE BRYAN EASEMENT 3 AND 4 0 1/2" IRON ROD SET .� 4249 v BRYAN TECHNICAL SERVICES,INC. * 1/2" IRON ROD FOUND y 'Pp P•t� A CALCULATED CORNER 'L6• ess% -� o so too 911 NORTH MAIN PHONE I5I21352•9090 NOTE: BEARINGS SHOWN HEREON BASED ON TEXAS TAYLOR.TX 76514 14AX:(5121312-9091 STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD FIRM No.10128500 83, 93 ADJUSTMENT AND ARE GRID VALUES; TO CONVERT DISTANCES TO SURFACE DIVIDE BY COMBINED SCALE: 1"-100' SCALE FACTOR OF 0.999911979520. bryantechnicalservices.com 19-405 ESMT.dwg TCE 3-4 10/8/2020 11:10 AM EXHIBIT "C" STATE OF TEXAS JULY,2020 COUNTY OF WILLIAMSON TEMPORARY CONTRUCTION EASEMENT#6 0.07 ACRE—3016 SQUARE FEET These notes describe that certain tract of land located in the EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 and the DAVID CURRY SURVEY, ABSTRACT NO. 130, situated in Williamson County, Texas, being within the corporate city limits of Round Rock, Texas, being a part of and out of Lot 1 and Lot 2, Block "A", Cypress Addition, a dedicated subdivision as recorded in Cabinet N, Slide 267 of the Plat Records of Williamson County,Texas(PRWC),same lots being conveyed to WC Round Rock Land Partners,LP of record in Document No.2013115112 of the Official Public Records of Williamson County (OPRWC),being surveyed on the ground under the direct supervision of Bruce Lane Bryan, Registered Professional Land Surveyor No. 4249,during the month of July,2020 and being more fully described as follows: BEGINNING at a calculated point(North = 10,174,612.32 feet, East= 3,129,376.83 feet) at the Southwest corner of"Parcel 2—0.27 Acre" as recorded in Document No. 2019065012, OPRWC, same being in the South line of future Oakmont Drive and in the North line of said Lot 1, Block "A",Cypress Addition; THENCE North 69° 39' 33" East with the common line of said "Parcel 2—0.27 Acre" and said Lot 1, Block"A", Cypress Addition,a distance of 10.45 feet to a calculated point at the Northeast corner of said Lot 1, Block "A", Cypress Addition, same being the Northwest corner of aforementioned Lot 2, Block"A", Cypress Addition; THENCE North 69° 39' 33" East with the common line of said "Parcel 2—0.27 Acre" and said Lot 2, Block "A", Cypress Addition, a distance of 9.55 feet to a found '/�" iron rod in the said common line of these tracts; THENCE North 66°43'24"East,continuing with the common line of said"Parcel 2—0.27 Acre" and said Lot 2, Block"A",Cypress Addition, a distance of 90.78 feet to a calculated point at the Easternmost corner of subject tract; found a %z"iron rod at the Southeast corner of said"Parcel 2— 0.27 Acre"bearing North 66'43' 24"East a distance of 88.44 feet; THENCE with the Southern and Western lines of subject tract, over and across aforementioned L.ot 1 and Lot 2, Block"A", Cypress Addition,as follows: • South 51° 43' 02"West 40.05 feet to a calculated point, • South 40° 57` 57" West 67.38 feet to a calculated point, • North 82°58' 26"West 1.76 feet to a calculated point in the apparent common line of said Lot I and Lot 2, Block"A",Cypress Addition, • North 82°58'26"West 50.56 feet to a calculated point, • North 36°48'36" West 16.52 feet to a calculated point in the North line of said Lot 1, Block"A",Cypress Addition; 11f' a r i OAKMONT CENTRE SECTION FIVE / CAB. F, SLIDE 139 PRWC CHANDLER CREEK PARCEL E&F, L.P. I / DOC.# 2011019081 OPRWC g gvg�t s� PARCEL 3 gA1 PCZ PARCEL 1 0.92 OF ONE ACRE 0.15 OF ONE ACRE DOC.# 2019065012 OPRWC (6,455 SQ. FT.) I DOC.# 2019065012 OPRWC LINE TABLE TOTKN, LLC LINE LENGTH BEARING (18.389 ACRES) DOC. NO. 2018072814 L1 10.45 N69'39'33"E OPRWC L2 9.55 N69'39'33"E IL3 90.78 N66'43'24"E I L4 40.05 S51'43'02"W LS 67.38 S40'57'57"W r I , L6 1.76 N82'58'26"W 6•�1J2[k � � L7 50.56 N82'58'26"W �� P.0. -10 L2 PARCEL 2 L8 16.52 N36'48'36"W � �.. �g L9 37.70 N69'26'37"E 0.27 OF ONE ACRE` , (11,907 SQ. FT.) L7 DOC.# 2019065012 OPRWC TICE #6 2 I �OCp� L6 X3015.91 SQ FT 0 /� PQPRox`MP .07 ACRES CYPRESS ADDITION CAB. N, SLIDE 267 PRWC WC ROUND ROCK DPARTNERS LP DOC. # 20131 5112 OPRWC C�gR�0• �3o BLOCK A CYPRESS ADDITION CAB. N,SLIDE 267 OPRWC �A�BgTg�C� WC ROUND ROCK LAND PARTNERS LP DOC. # 2013115112 OPRWC � ••ST F LEGEND: BRUCE LANE BRYAN O 1/2" IRON ROD SET A • 1/2" IRON ROD FOUND TEMPORARY CONSTRUCTION 4249 v ' 0 CALCULATED CORNER icFS6lp�Pb� EASEMENT 6 BRYAN TECHNICAL,SERVICES,INC. NOTE: BEARINGS SHOWN HEREON Bo so 100911ON TEXAS 911 NORTH MAIN PHONE(3121332-9090 I STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD 7AYLOR.Tx 76374 FAX:(312)352.90')l 83, 93 ADJUSTMENT AND ARE GRID VALUES; TO FI1Lti4 No. IU128500 CONVERT DISTANCES TO SURFACE DIVIDE BY COMBINED SCALE FACTOR OF 0.999911979520. SCALE: 1"-100' bryantechnicalsmices.com 19-405 ESMT.dwg TCE 6 10/8/2020 11:10 AM