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R-2021-076 - 3/25/2021 BCRUA Ph.2—Parcel 141 RESOLUTION NO. R-2021-076 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("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 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 0.120 acres (Parcel 141) of land located in Travis County, Texas and more particularly described by metes and bounds and survey plat in Exhibit "A" attached hereto (the "Property"), such Property being owned by REYNA GONZALES AND JOSE GONZALES, for the public use of construction, reconstruction, installation, maintaining, and operating of electric utility facilities required 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 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 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: 0112.2021;00467013 Section 1. The City Council hereby finds and determines that it 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 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 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 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 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. 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. 2 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 25th day of March, 2021. A 'M CRAIG ORtoclk, , Mayor City of Round Texas ATTEST: MEAGAN SINKS, puty City Clerk 3 BCRUA 141 - Exhibit"A" REYNA GONZALEZ AND JOSE GONZALEZ Ialker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 TWENTY FOOT WIDE 0.120 ACRE ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY,ABSTRACT 2246 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 20 FOOT WIDE(0.120 ACRE)STRIP OF LAND LOCATED IN SAMUEL HAYFORD SURVEY,ABSTRACT 2246, IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 4.998 ACRE TRACT,DESCRIBED IN A DEED TO REYNA GONZALEZ AND JOSE GONZALEZ,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)2019087415 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.).SAID 0.120 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 3/8"IRON ROD FOUND IN THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD(80'RIGHT OF WAY)AS DESCRIBED IN VOLUME 1780,PAGE 441 OF THE DEED RECORDS TRAVIS COUNTY,TEXAS(D.R.T.C.T.),MARKING THE SOUTHEAST CORNER OF A CALLED 3.70 ACRE TRACT DESCRIBED IN TRACT ONE,EXHIBIT"A"IN A DEED TO PAMELA GAIL STONE MITCHEL AND JOE KEITH MITCHEL,OF RECORD IN VOLUME 11883,PAGE 187 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,TEXAS AND THE NORTHEAST CORNER OF SAID 4.998 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 24°40'52"W—261.31'WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD,ALONG THE EAST LINE OF SAID 4.998 ACRE TRACT,TO A 1/2"IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID 4.998 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT AND THE NORTHEAST CORNER OF A CALLED 5.109 ACRE TRACT DESCRIBED IN A DEED TO RODRIGO S.VALDEZ AND GRACIELA V.VALDEZ,OF RECORD UNDER T.C.C.D. 1999161003 OF SAID O.P.R.T.C.T.; THENCE N 69°58'58"W—20.07'WITH THE COMMON LINE BETWEEN SAID 4.998 ACRE TRACT AND SAID 5.109 ACRE TRACT,TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 24°40'52"E—263.75'THROUGH THE INTERIOR OF SAID 4.998 ACRE TRACT,WEST OF,PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE EAST LINE OF SAID 4.998 ACRE TRACT,TO A POINT IN THE COMMON LINE BETWEEN SAID 4.998 ACRE TRACT AND SAID 3.70 ACRE TRACT,AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 63°00'53"E—20.02'WITH THE COMMON LINE BETWEEN SAID 3.70 ACRE TRACT AND SAID 4.998 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.120 ACRE OF LAND.SURVEYED BY WARREN L.SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122 ON NOVEMBER 20,2019.BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. �E 0 F TF 2� WARREN L.SIMPSON,R.P.L.S.4122 ..........0....... WARREN L.SIMPSON PROJ NO.3-00619 :o PLAT NO.Al-1767 •�•��p0 F4122 FIELD NOTE NO. 141 �io•�ESS10• y0 MAP CHECKED:01/28/2020 www.WalkerPartners.com TBPE Registration No.8053 I TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-141 -GONZALEZ.docx BCRUA 141 REYNA GONZALEZ AND JOSE GONZALEZ LEGEND 04 =WATER VALVE ® =WATER METER O =WATER MANHOLE -- =UTIUTY POLE E- =GUY HARE JA` ' ' DA j • , —E— =OVERFEAO ELECTRIC LINE A' ".st 33-4J'0 —X— =4'HOG WIRE FENCE tAA JJ -r =TELECOMMUNICATION SIGN =ELECTRIC EASEMENT AREA D.R.T.C.T. =DEED RECORDS TRANS COUNTY.TEXAS T.C.C.D. =TRAMS COUNTY CLERK'S DOCUMENT O.P.R.T.C.T. =OFFICIAL PUBUC RECORDS TRAMS COUNTY,TEXAS RP.R.T.C.T. =REAL PROPERTY RECORDS TRAMS COUNTY,TEXAS ( ) =DEEDCALLS REYNA GONZALEZ AND JOSE GONZALES CALLED 4.998 ACRES c T.C.C.D 2019087415 E RODRIGO S.VALDEZ O.P.R.T.C.T. _ t AND GRACIELA V.VALDQ �- W CALLED 5,109 ACRES PAMELA GAIT STONE MITCHEL ; s3 1 T.C.C.D.I%9161003 IR AND JOE KEITH MITCHEL Q CALLED 170 ACRES ,o 1 O.P,RLGT' m TRACT ONE,EXFOBIT'A' 0.120 ACRE VOLUME 11683,PAGE 187 RP.R.T.C.T. o i 69'58.58"W ELECTRIC EASEMENT 83"00.35"E o TELECOMMUNICATION MANHOLE 20.07' N 24'40'52"E-263.75' 20.02' o N A N RIGHT OF W S 24°40'52"W-261.31' TRAILSD ROAD (824 4DT15 W-26,. 1 6 I/Y IRON ROD FOUND 3AI'IRON R00 FOUND IRRIGATION 80'WIDT OF WAY O 3 CONTROL VALVE VOLUME 178, E 441,D.R.T.C.T. FIELD NOTE o RIGHT OF WAY LINE b— ® — — POINT OF BEGINNING GRID COORDINATES N3014979189 Ii30817T8.]0 zO 0 v w u EXHIBIT SURVEYOR'S NOTES: OF A 20 FOOT WIDE(0.120)ELECTRIC EASEMENT LOCATED IN SURVEYED:NOVEMBER20,2019 THE SAMUEL HAYFORD SURVEY,ABSTRACT 2246,IN TRAVIS rn COUNTY,TEXAS,BEING A PORTION OF A CALLED 4.998 ACRE o FIELD NOTES ATTACHED HERETO,MADE APART HEREOF AND TITLED: TRACT,DESCRIBED IN A DEED TO REYNA GONZALEZ AND A 20 FOOT NOE(0,120 ACRE)ELECTRIC EASEMENT LOCATED IN THE SAMUEL JOSE GONZALEZ,OF RECORD UNDER TRAVIS COUNTY HAYFORD SURVEY,ABSTRACT 2246,IN TRANS COUNTY,TEXAS CLERK'S DOCUMENT NUMBER 2019087415,OF THE OFFICIAL f THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT.THIS SURVEY WAS PUBLIC RECORD OF TRAVIS COUNTY,TEXAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT,THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF u HAVE BEEN ADDRESSED HEREON.HOWEVER,THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS,RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD)MICH MAY AFFECT THE SUBJECT [� w TRACT ARE SHOWN HEREON. O THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE :CP• c TEXAS STATE PLANE COORDINATE SYSTEM,NAD 93,CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS,DISTANCES WARREN L.SIMPSO SHOWN HEREON ARE SURFACE VALUES,OBTAINED WITH AN APPLIED SCALE ...........4122....... FACTOR OF 1.00011(GRID VALUE x SCALE FACTOR=SURFACE VALUE) -7A�� SSta1•yO N -V SUR G WARREN L SIAHPSON,R.P.LS.4122 Is,mPsonj keryaMen.com ©COPYRIGFIT ALL RIGHTS RESERVED g N 0 50 100 200 rni Walker Partners GRAPHIC SCALE IN FEET o engineers * surveyors 4 PLAT NO. Al-1767 PROJ.NO. 3-00619 DR\PIED 01/28/20 n 804 Lis Cl—PMry.,Sidle 150•Austin,Texas 78M P.-1-512J62-0021 LB.P.E.RaQatraaonN0.6053 TAR EXIT F'/N NO. 141 FR/PG 1-18 76 DRAWN RY \�'CFl u+ T.B.P.LS.Replebatlon No.10190.917 CO D\\'G.NAMjj-00619ESMT 141 GONZALE�hdAP Cl IK'DOt 28 2020 n r,°°1•E 14� t�1 1a7. spa 148 1# 146 � Lj C • 0.1 AC 20 �' Electric Easement °,