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R-2021-078 - 3/25/2021 BCRUA Ph.2—Parcel201 RESOLUTION NO. R-2021-078 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 0.759 acres (Parcel 201) 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 A. SNYDER AND MARY JEANENE SNYDER, 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;0467044 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. CRAIG ORGAN, ayor City of R6und Roc Texas ATTEST: 41�60 11 (� 11 - MEAGAN S KS, Dephty City Clerk 3 BCRUA 201 - Exhibit "A" MARK A. SNYDER AND MARY JEANENE SNYDER (gi ker Partners engineers * surveyors 804 Las Cimas Parkway,Suite 150 Austin,Texas 78746 0.759 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 AND THE P.T. STROUD SURVEY,ABSTRACT 2128 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 0.759 ACRE STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 AND THE P.T.STROUD SURVEY,ABSTRACT 2128 IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 14.61 ACRE TRACT DESCRIBED IN A DEED TO MARK A.SNYDER AND MARY JEANENE SNYDER,OF RECORD IN VOLUME 12510, PAGE 1843 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.).SAID 0.759 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 POINT IN THE CURVING SOUTHWEST MARGIN OF NAMELESS ROAD,AT THE NORTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND MARKING THE MOST NORTHERLY CORNER OF SAID 14.61 ACRE TRACT BEARS N 42'10'08"W—115.26'TO A 5/8"IRON ROD FOUND AND N 47'28'11"W—21.92'TO SAID NORTH CORNER; THENCE WITH THE SOUTHWEST MARGIN OF NAMELESS ROAD,ALONG THE NORTHEAST LINE OF SAID 14.61 ACRE TRACT,THE FOLLOWING SEVEN CALLS: 1) AN ARC LENGTH OF 126.87'WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 645.00',A CENTRAL ANGLE OF 11'16'11"AND A CHORD WHICH BEARS S 31°24'28"E—126.66'TO A POINT AT THE END OF SAID CURVE(NON- TANGENT), 2) S 30"05'25"E—75.26'TO A 5/8" IRON ROD FOUND IN A CURVE TO THE RIGHT, 3) AN ARC LENGTH OF 333.20'WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1124.00,A CENTRAL ANGLE OF 16'59'05"AND A CHORD WHICH BEARS S 21°35'53"E—331.98'TO A 5/8"IRON ROD FOUND AT THE END OF SAID CURVE(NON-TANGENT), 4) S 08°58'35" E—150.19'TO A 1/2"IRON ROD FOUND IN A CURVE TO THE LEFT, 5) AN ARC LENGTH OF 451.01'WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 726.10',A CENTRAL ANGLE OF 35"35'20"AND A CHORD WHICH BEARS S 26'31'22"E—443.80'TO A 1/2"IRON ROD FOUND AT THE END OF SAID CURVE(NON-TANGENT)IN THE SOUTHWEST LINE OF A CALLED 0.270 ACRE TRACT DESCRIBED IN A RIGHT-OF-WAY DEED TO TRAVIS COUNTY,TEXAS,OF RECORD IN VOLUME 4712, PAGE 927 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS, 6) S 45-47-56"E—391.22'WITH SOUTHWEST LINE OF SAID 0,270 ACRE RIGHT-OF-WAY TRACT,TO A POINT IN A CURVE TO THE RIGHT, 7) AN ARC LENGTH OF 18.42'WITH THE SOUTHWEST LINE OF SAID 0.270 ACRE TRACT,ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 533.69',A CENTRAL ANGLE OF 01°58'39"AND A CHORD WHICH BEARS S 45°26'21"E—18.42'TO A POINT AT THE SOUTH CORNER OF SAID 0.270 ACRE TRACT,BEING THE NORTH CORNER OF A CALLED 103.631 ACRE TRACT DESCRIBED IN A DEED TO SAAAM, LTD.,OF RECORD UNDER T.C.C.D.2005046499 OF SAID O.P.R.T.C.T.AND THE EAST CORNER OF THE HEREIN DESCRIBED EASEMENT FROM WHICH A 3/8"IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID 103.631 ACRE TRACT BEARS S 18°39'19"E—830.33'; THENCE S 47°02'34"W—20.02'WITH THE COMMON LINE OF SAID 103.631 ACRE TRACT AND SAID 14.61 ACRE TRACT,TO A POINT AT THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE THROUGH THE INTERIOR OF SAID 14.61 ACRE TRACT,THE FOLLOWING NINETEEN CALLS: 1) AN ARC LENGTH OF 17.21'WITH A CURVE TO THE LEFT,HAVING A RADIUS OF 513.69'.A CENTRAL ANGLE OF 01°55'10"AND A CHORD WHICH BEARS N 45°28'06"W—17.21'TO A POINT AT THE END OF SAID CURVE(NON- TANGENT), 2) N 45°47'56"W—391.95'TO A POINT IN A CURVE TO THE RIGHT, www.WalkerPartners.com TBPE Registration No.8053 I TBPLS Registration No.10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-201.docx i I 3) AN ARC LENGTH OF 41.22'WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 746.10"A CENTRAL ANGLE OF 03°09'56"AND A CHORD WHICH BEARS N 42°44'04"W-41.21'TO A POINT FOR CORNER, 4) S 51°33'47"W-35.41'TO A POINT FOR CORNER, 5) N 38°26'13"W-20.00'TO A POINT FOR CORNER, 6) N 51°33'47" E-34.73'TO A POINT FOR CORNER, 7) AN ARC LENGTH OF 210.89'WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 746.10'.A CENTRAL ANGLE OF 16*11'43"AND A CHORD WHICH BEARS N 31"31'02"W-210.19'TO A POINT FOR CORNER, 8) S 66°15'54"W-34.88'TO A POINT FOR CORNER, 9) N 23°44'06"W-20.00'TO A POINT FOR CORNER, FROM WHICH A 1/2"IRON ROD FOUND MARKING AN INTERIOR ELL CORNER OF SAID 14.61 ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 1-1/2 ACRE TRACT DESCRIBED IN A DEED TO TRAVIS COUNTY,TEXAS, OF RECORD IN VOLUME 209, PAGE 5 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS BEARS S 89.10-1 V W-150.41'. 10) N 66°15'54"E-35.26'TO A POINT FOR CORNER, 11) AN ARC LENGTH OF 161.54'WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 746.10',A CENTRAL ANGLE OF 12°24'18"AND A CHORD WHICH BEARS N 15°40'51"W-161.22'TO A POINT FOR CORNER, 12) S 79°47'39"W-34.81'TO A POINT FOR CORNER, 13) N 10-12'21"W-20.00'TO A POINT FOR CORNER, 14) N 79°47'39"E-35.21'TO A POINT FOR CORNER, 15) N 08°58'35"W-139.14'TO A POINT IN A CURVE TO THE LEFT, 16) AN ARC LENGTH OF 326.55'WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1104.00',A CENTRAL ANGLE OF 16°56'51"AND A CHORD WHICH BEARS N 21°37'00"W-325.36'TO A POINT AT THE END OF SAID CURVE(NON- TANGENT), 17) N 30°05'25"W-76.02'TO A POINT IN A CURVE TO THE LEFT, 18) AN ARC LENGTH OF 123.68'WITH A CURVE TO THE LEFT,HAVING A RADIUS OF 625.00'.A CENTRAL ANGLE OF 11*20'18"AND A CHORD WHICH BEARS N 31°22'25"W-123.48'TO A POINT AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, 19) N 52°57'26"E-20.00' RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.759 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED SURVEY AND 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 CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED:OCTOBER 13,2017 REL ASED:AUGUST 9,2018 �O ERA+ .................. WARREN L.SIMPSON, R.P.L.S. 22 WARREN L.SIMPSON ................ PLAT NO.Al-1495 . .y2O*9.At 2ol Q110 FIELD NOTE NO.201 MAP CHECKED:08/1/2018-WLS www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-201.docx WRIJA 2DI MARS A SNYDER AND MARY JEANENE SNYDER (D•21.3754-) (R=845.001 12'IRON IL-242.581 ROD FOUND (CHD-241.15) LEGEND (N 37'2700'W) 2 5A8'IRON ROO FOUND L-18 C�i yA FIELD NOTE ( ) (�ESOs�ERWISENOTED) POINT OF S Q� BEGINNING T.C.C.D. =TRAVIS COUNTY GRID COORDINATES CLERK'S DOCUMENT \ N0163737.10•B:MSSL27 O.PR.T.C.T. =OFFICIAL PUBLIC RECORDS LINE TABLE TRAM COUNTY,TEAS LINE DIRECTION LENGTH o =EASEMENTAREA L-1 S 30'05'25'E 75,26' r �g (L-1) IS 25.29'DO-E) 175.261 Y ' h` -X- =WIRE FENCE L-2 S 08'58'35'E 150.19' �I,/���'y., J'+' -O- =UTILITY POLE (L-2) (SOB-32'00-E) (150.001 \ -E- =OVERHEAD ELECTRIC LINE L-3 S 45.47'56'E 391.27 C1 y� y'dj' ,.tr�� m =TELEPHONE RISER (LJ) (S 43'38'00'E) (391.45) Ld S 47-OZ 34'W 20.07 m L5 N 45.41'56'W 39195' L 6 S 51'33'47'W 35,41' 'NI TRAVISSO,LTD. L-7 N 38.26'13-W 20.00 CALLED 2t44.875 ACRES L8 N 51'33'47'E 34.73 MARK A.SNYDER AND T.C.C.D.2013058181 L5 S 66'15-54•W 34.88 O.RPAT.C.T. 00 N 23'44'06'W 20.00 MARY JEANENE SNYDER 3.6 CALLED 14.61 ACRES L-11 N66'15'54'E VOLUME 12510,PAGE 18 4 , CURVE TABLE L-12 979'4T39'W 3481' IGURVE LENGTH RADIUS DELTA CHORD O.P.R.T.C.T. L-1� i L-13 N10•t721'W 20.00 12'IRON 1269T 61500' 11'16'11' S31.24'28'E-126.6fiL-I4 N79'4T 39'E 3521' r RODFOJ DL-15 N 08,58,35,W 139.14' 333.20' 1124.00' i6.5- S 21.3553'DO-E.331.98' 2 (333.46) 1N.00' (S 2I 21'00'E-33214) L-i6 N 30'05'25'W 76,07 L-17 qqT 451.01' 726.10 35'3520' S 26'31'22'E-443.80' L-17 N 52'5T 26'E 20.01Y 18,42 533.69' 1'58'39' S 45.2521'E-18.42' L-18 N 41'28'11'W 21.9T g (18.42) (533.69) IS 42.39'DO-E-1&42) ,01 (L-18) (N 4T 02'00'W) 121.94) qJ` 17.21' 513469' 1'55'10' N 45'28'06'W-17.21' ". L-19 S 89'1 O 11'W 150.41' N WOT4T W 197A7 4 L7J C-6 4117 1 746.10' 3'09'56' N 42'44'04'W-41.21' .. L-19 O G7 210.89' 746.10' 16'11'43' N 31'31'02'W-210.19' �- �? 12'IRON o L 4 �-y m ROD FOUR Q� G6 161.54' 746.10' 12'24'18' N 15'4051'W-16L22' E G9 326.55' 1104.00 16'5651' N 21 3T 00•W-325.36' S1 !y -NN C.10 123.68- 625.00 11.20.18- N 31.27 25'W-123.48' 4 0.759ACRE o%�q• C-it 115.41' 1 645.W 10'15'08' N42•1O08'W-115.26' t EASEMEATT o' n MULL~ 0 p« I !, 12'IRON InRODFOUND I _U L-6 C� TRAWS COUNTY,TFM 0 CALLED 0.110 ACRE ry Li=1 TRAVIS COUNTY,TEXAS (� LwdDX.T.CPACE 977 m O.R.T.0 T. ' CALLED I.1n ACRES H= VOLUME 209.PAGE 5 \ TRAMS COUNTY,IBM w 0A T.C.T. CALLE00.188ACRE U LUE 4712.PACE 1003 Z MARK A SNYDER AND D.R T.c.r. ti MARY JEANENE SNYDERi ? CALLED 14.61 ACRES Cd �,y,., VOLUME O P.RT�C.T.GE 1843 L-4 SURVEYOR'S NOTES: 1 'i4''p'i%Y1ll������```JJJ����t4��ii�''� 1 SURVEYED: OOCTOBERAUGU13,20178 �� �'�s��1� r• SAAAAI LTD. F Y ",� CALLED 103.631 ACRES z •� z T FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF - V T.C. 2005046499 AND TITLED: O.P.R T.C.T. N J 0.759 ACRE ELECTRIC EASEMENT LOCATED W THE JOSE EXHIBIT ANTONIO YBARBO SURVEY ABSTRACT 640,AND P.T. as STROUD SURVEY ABSTRACT 2128.TRANS COUNFY,TEXAS. OF A 0.759 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, THE SURVEYOR DID NOTABSTRACT THE SUBJECT TRACT. ABSTRACT$40 AND P.T.STROUD SURVEY, THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF ABSTRACT 2128,IN TRAVIS COUNTY,TEXAS, A TITLE REPORT,THEREFORE THE SURVEYOR CERTIFIES iO THAT EASEMENTS THAT HE HAS BEENADVISED OF HAVE BEING A PORTION OF A CALLED 14.81 ACRE o BEEN ADDRESSED HEREON.HOWEVER,THE SURVEYOR TRACT DESCRIBED IN A DEED TO MARL A DOES NOT GUARANTEE THAT ALL EASEMENTS, SNYDER AND MARY JEANENE SNYDER OF OR NOT RESTRICTIONS OR ENCUMBRANCES EfT THEER SUBJECT RECORD IN VOLUME 12BIQ PAGE 1843,OF THE o OR NOT OF RECORD)WHICH MAY AFFECTTHESUB.IECT TRACT ARE SHOWN HEREON. OFFICIAL PUBLIC RECORDS OF TRAMS COUNTY, OF L TEXAS. �Q;•'G\SIEn'•• THE BEARINGS AND COORDINATES SHOWN HEREON ARE Uj�Q4i �' Q;N BASED UPON THE TEXAS STATE PLANE COORDINATE ......... • wD SYSTEM,NAO 83,CENTRAL ZONE ACQUIRED FROM GLOBAL ARREN L.SIMPSO POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN • •.. .............. HEREON ARE SURFACE VALUES. 4122 ) SS\W!iyO� 0 WARREN SIMPSCN,R.PL S.4122 O SUR�4 0 14impson&w wpaMus.can Z COPYRIGHT ALL RIGHTS RESERVED g N W 0 1 0 200 400 mm DWaker PartnersFE GRAPHIC SCALE IN ET o engineers * surveyors PLAT NO. 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