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R-2021-077- 3/25/2021 BCRUA Ph.2 Parcel 77 RESOLUTION NO. R-2021-077 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 0.467 acres (Parcel 77) 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 MARK L. ETHERIDGE AND LINDA M. ETHERIDGE, 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: 0112.20212;a184c386-3049-4775-9a27-3db6273584c8 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. , mv- CRAIG OR AN, Mayor City of Round Rock, Texas ATTEST: MEAGAN S KS, De-pity City C1 rk 3 BCRUA 077 EXHIBIT "All MARK L. ETHERIDGE Walker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 20 FOOT WIDE(0.467 ACRE) ELECTRIC EASEMENT LOCATED IN THE S.HAYFORD SURVEY,ABSTRACT 2246, THE G.W.DRAPER SURVEY,ABSTRACT 229 AND THE R.BLACKWELL SURVEY,ABSTRACT 83 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 20 FOOT WIDE(0.467 ACRE)STRIP OF LAND LOCATED IN THE S. HAYFORD SURVEY,ABSTRACT 2246,THE G.W. DRAPER SURVEY,ABSTRACT 229 AND THE R.BLACKWELL SURVEY,ABSTRACT 83, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 49.820 ACRE TRACT DESCRIBED IN A DEED TO MARK L. ETHERIDGE,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.)2003261029,OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.).SAID 0.467 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 A 1/2"IRON ROD WITH CAP"JACOBS PROP.COR."FOUND IN THE WEST MARGIN OF TRAILS END ROAD, MARKING THE NORTHEAST CORNER OF SAID MARK L.ETHERIDGE 49.820 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT,BEING THE SOUTHEAST CORNER OF A CALLED 51.510 ACRE TRACT DESCRIBED IN TRACT TWO,IN A DEED TO THOMAS N. SKILES,OF RECORD UNDER T.C.C.D. 2014015366 OF THE O.P.R.T.C.T.; THENCE WITH THE WEST MARGIN OF TRAILS END ROAD,ALONG THE EAST LINE OF SAID 49.820 ACRE TRACT,THE FOLLOWING THREE CALLS: 1) S 31°42'42"W—621.13'TO A 5/8"IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE LEFT, 2) AN ARC LENGTH OF 294.81',WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 995.25'AND A CHORD WHICH BEARS S 23*13'45"W—293.73'TO A POINT AT THE END OF SAID CURVE, 3) S 14°28'30"W—59.87'TO A 1/2"IRON ROD WITH CAP STAMPED"WALKER PARTNERS"SET FOR THE SOUTHEAST CORNER OF SAID 49.820 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTHEAST CORNER OF A CALLED 11.50 ACRE TRACT DESCRIBED IN A DEED TO LEROY S.BERGERON AND BARBARA F. BERGERON,OF RECORD IN VOLUME 13379, PAGE 4839 OF THE O.P.R.T.C.T. THENCE N 67°27'15"W—20.20'WITH THE COMMON LINE BETWEEN SAID 49.820 ACRE TRACT AND SAID 11.50 ACRE TRACT TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD MARKING THE NORTHWEST CORNER OF SAID 11.50 ACRE TRACT BEARS N 67`27'15"W—1260.01'; THENCE THROUGH THE INTERIOR OF SAID 49.820 ACRE TRACT THE FOLLOWING SEVEN(7)CALLS: 1) N 14°28'30"E—57.13'TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, 2) AN ARC LENGTH OF 76.15',WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1015.25'AND A CHORD WHICH BEARS N 16°53'31"E—76.13'TO A POINT FOR ELL CORNER, 3) N 67-09'22"W—42AT TO A POINT FOR AN ELL CORNER, 4) N 22°50'38"E—20.00'TO A POINT FOR AN ELL CORNER, 5) S 67°09'22"E—41.30'TO A POINT FOR CORNER IN SAID CURVE TO THE RIGHT, 6) AN ARC LENGTH OF 204.56',WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1015.25,AND A CHORD WHICH BEARS N 25°56'35" E—204.21'TO A POINT AT THE END OF SAID CURVE, I 7) N 31"42'42"E—615.76'TO A POINT IN THE COMMON LINE BETWEEN SAID 51.510 ACRE TRACT AND SAID 49.820 ACRE TRACT, FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2-- IRON PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID 49.820 ACRE TRACT BEARS N 73'19'57"W—2715.25'; I www.WalkerPartners.com TBPE Registration No,8053 1 TBPLS Registration No, 10114311 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\FN-77.docx THENCE S 73°19'57" E-20.71'WITH THE COMMON LINE BETWEEN SAID 51.510 ACRE TRACT AND SAID 49.820 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.467 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L.SIMPSON,REGISTERED PROFESSIONAL LAND SURVEYOR,NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, TEXAS SOUTH CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. SURVEYED:AUGUST 24,2017 RE EASED:JANUARY 25,2018 0 F.T� N .................. WARREN L. SIMPSON,R.P.L.S.4122 WARREN L.SIMPSON .................. PROJ NO. 3-00619 7,2F o o 4122 1 P •. Ess� • yo PLAT NO.All-1319 SURv� FIELD NOTE NO.077 MAP CHECKED:01/17/2018-JBM www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-77.docx BCRUA 077 MARK L ETHERIDGE 112,IRON THOMAS N.SKILES 12'IRON ROD FOUND PPE FOUND AN UNDIVIDED 50%INTEREST WITHCAPSTAMPED LEGEND CALLED 51.510 ACRES-TRACT NO. 'JACOBS PROP CDR' • =IRON ROD FOUND T.C.C.D.2014015365 FIELD NOTE (UNLESS OTHERWISE NOTED) O.P.RT.C.T. POINT OF BEGINNING ( ) =GEED CALLS 7V73'T9g7> GRID COORDINATES N:IDLB.TT8888 RWG822UT O.R.T.C.T. =DEED RECORDS TRAVIS �71 o.") COUNTY,TEXAS T.C.C.D. =TRAMS COUNTY CLERKS DOCUMENT w ' ` E O.P.R.T.GT. =OFFICIAL PUBLIC RECORDS W $73'19'67"E 20.71' TRAVIS COUNTY,TEXAS =EASEMENT AREA S Sa 0 -WASTEWATER MANHOLE T =TRAFFIC SIGN `, =POWER POLE - t YJ�,.,' 9 y� WATER E— =GUY WIRE "�'���\�'�i ' Mvnu�rF —T— =OVERHEAD TELEPHONE LINE �> 1��3 FLUSH WATER c �l —E— =OVERHEAD ELECTRIC LINE �• �0 �" ^(0• 6'BOLLARD SURVEYORS NOTES: b w• �% SURVEYED:AUGUST 30,2017 MARK L.CALLED 4 9.820.820 A RE CRES ,Y RELEASE DATE:JANUARY 25,2018 T.C.C.D.2003261029 �O O.P.R.T.C.T. 9 ..."' O ., FIELD NOTES ATTACHED HERETO,MADE A PARTHEREOF AND TITLED: K �^�� 0.467ACRE EYPAD 9 20 FOOT WIDE(0.487 ACRE)ELECTRIC EASEMENT LOCATED EASEMENT �cPti. ��'�� i IN THE S.HAYFORD SURVEY ABSTRACT 2248,THE G.W. d� o p\� 1� c DRAPER SURVEY,ABSTRACT 229 AND THE R.BLACKWELL .,� d • Sqo !j� o SURVEY,ABSTRACT$3,IN TRAMS COUNTY,TEXAS. ,li E THE SURVEYOR DID NOT ABSTRACT THESUBJECT TRACT. .k�OkkO� - , 'T�e�i�,� � �+ THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.THEREFORE THE SURVEYOR CERTIFIES ,y\E t�> > �� 4 TT BUILDING BEEN ADDRESSIED HEREON,HS THAT HE AOWEVER.TES BEEN SSURVEYOR ?VQED OF RAVEaO`F�./AWNING t•l 11��� m DOES NOT GUARANTEE THAT ALL EASEMENTS, \ Za N RESTRICTIONS OR ENCUMBRANCES(EITHER OF RECORD ) -p v OR NOT OF RECORD)WHICH MAY AFFECT THE SUBJECT ( WIRE `O� ` TRACT ARE SHOWN HEREON. FENCE n THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,CENTRAL ZONE ACQUIRED FROM GLOBAL 518'IRON a� ij POSITIONING SYSTEM OBSERVATIONS. ROD FOUND -0_ 0 D■1132'39" Z fi R-1016.26' L-204.68' ,o CHD■204.21' N26'66'36"E D■16'68'19' (R-995.25) ` o R•896.26' (CH=293.5- } CH0-293.73'92S'19g8"W (s 25ro6 s6 1AQ w $BT09'22'E 41.30' N22.60'3e'E 20.00 / EXHIBIT = OF A 20 FOOT WIDE(0.467 ACRE)ELECTRIC EASEMENT N67W'22"W 42.43' LOCATED IN THE S.HAYFORD SURVEY,ABSTRACT 2246,THE in'9TON PIPE EOCNO D�4'1T61' G.W.DRAPER SURVEY,ABSTRACT 229 AND THE R.BLACKWELL LIARKING NI9.CORIER R�1016.26' SURVEY,ABSTRACT 83 IN TRAVIS COUNTY,TEXAS,BEING A a LEROYBERGEAON L-78.16' CALLED 11.50 ACRE TRACT CHD•76.13' PORTION OF A CALLED 49.820 ACRE TRACT DESCRIBED IN A �Nds, N 1I DEED TO MARK L ETHERIDGE OF RECORD UNDER TRAVIS rJy 4)N14'28'30"E b COUNTY CLERK'S DOCUMENT 2003261029 OF THE OFFICIAL G, Ns�?)•IS. 57.13, 814'28'30"W 69.8T PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS. m w IS 16'30'43'W 59.87) 726001, IR'IRON ROD SET WITHCAPSTAMPED \�•�) O 'WALKER PARTINOW �J 0 F �- N B7.2T16"W 20.20' (� F LEROY S.BERGERON AND BARBARA F.BERGERON ��•�•�•'�•••��'• y ., i. ARREN L.SIMPSO CALLED 11.50ACRES ii �� �j� .................. � VOLUME 13379,PAGE 4839 •�OQ RP.RT.C.T. �����+ / -Y�• ::\cT•�O ©COPYRIGIITALLRIG1rrsRESERVED Iam sRwEINL-SIMPSON,R.P.L.S.4122 ti SURv y 5 p @xalkup.t.S_ N 0 50 100 2L10 _ a )�( ker Partners GRAPHIC SCALE IN FEET o engineers * surveyors m HI Las Cimas PAwy.,Suite 150•A—,Teas]8]48 PLAT NO. Al-13 9 PROD.NO. 3-00619 DRAFTED 1 1 G Phv 1 612-362-0021 0 T.B.P.E.Repistra Na.8053 'TAB NA F/N NO. 077 FB/PG 3-3 58 DRAWN BY 1BM w T.&RI-S.Registmto,No.101943t7 D\VG.NAME 3-M619ESW-PARCEL MAP CWD 1 17 I8 a r M 4 � T 'p4 v � P Mf 076 ,.- r �FJ",rj � r—..✓� '������'� 11R�f8GCd� � ry � .. � �'" k , r'' Y A, N a 001, 44, • A 080 •TCF m w .. Wµ ILI 'Electric Easement t an r �, to *w„*u111 > a e�r x EAA ' k C �V 1 M� - 1 1 ? E aQ