Loading...
R-2021-079 - 3/25/2021 BCRUA Ph.2—Parcel 98 RESOLUTION NO. R-2021-079 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 0.288 acres (Parcel 98) 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 EDD MACK FULKES, III AND NANCY CAROLYN FULKES 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;00467056 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. 4 lql CRAIG RG , Mayor City of Round Rock, Texas ATTEST: MEAD N S NKSD City JJrk 3 BCRUA 098 - Exhibit "A" EDD MACK FULKES, III AND WIFE,NANCY CAROLYN FULKES Walker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 0.288 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 0.288 ACRE STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A CALLED 9.427 ACRE TRACT DESCRIBED IN A DEED TO EDD MACK FULKES, III AND WIFE,NANCY CAROLYN FULKES,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.) 2011145737 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.)SAID 0.288 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 1/2"IRON ROD WITH CAP STAMPED"HOLT CARSON, INC."FOUND IN THE WEST MARGIN OF NAMELESS ROAD,MARKING THE SOUTHEAST CORNER OF A CALLED 18.853 ACRE TRACT DESCRIBED IN A DEED TO A.T.HOLDING —TRAVCO, LLC,OF RECORD UNDER T.C.C.D.2011145738 OF SAID O.P.R.T.C.T.AND THE NORTHEAST CORNER OF SAID 9.427 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE AN ARC LENGTH OF 119.73'WITH A CURVE TO THE LEFT,ALONG THE WEST MARGIN OF NAMELESS ROAD, WITH THE EAST LINE OF SAID 9.427 ACRE TRACT,HAVING A RADIUS OF 1186.00',A CENTRAL ANGLE OF 05°47'04"AND A CHORD WHICH BEARS S 31'49'06"E—119.68'TO A POINT AT THE END OF SAID CURVE; THENCE S 34°29'32"E—439.19'CONTINUING WITH THE WEST MARGIN OF NAMELESS ROAD,ALONG THE EAST LINE OF SAID 9.427 ACRE TRACT,TO A 1/2"IRON ROD WITH CAP STAMPED"RPLS 5784"FOUND MARKING THE NORTHWEST CORNER OF A CALLED 14.90 ACRE TRACT DESCRIBED IN TRACT"A"IN A DEED TO MARY F.CAMERON AND HUSBAND, CLAUD G.CAMERON,OF RECORD UNDER T.C.C.D.2008021031 OF SAID O.P.R.T.C.T.AND THE SOUTHEAST CORNER OF SAID 9.427 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 81°08'55"W—22.18'WITH THE COMMON LINE BETWEEN SAID 14.90 ACRE TRACT AND SAID 9.427 ACRE TRACT,TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 1/2"IRON ROD WITH CAP STAMPED"HOLT CARSON,INC."FOUND MARKING THE SOUTHWEST CORNER OF SAID 9.427 ACRE TRACT BEARS S 81°08'55"W—828.87'; THENCE THROUGH THE INTERIOR OF SAID 9.427 ACRE TRACT,THE FOLLOWING EIGHT CALLS: 1) N 34°29'32"W—419.93'TO A POINT FOR CORNER, 2) S 56°50'41"W—35.23'TO A POINT FOR CORNER, 3) N 33-0919"W—20.00'TO A POINT FOR CORNER, 4) N 56°50'41"E—34.77'TO A POINT FOR CORNER, 5) AN ARC LENGTH OF 101.46',WITH A CURVE TO THE RIGHT,HAVING A RADIUS OF 1206.00',A CENTRAL ANGLE OF 04'49'13"AND A CHORD WHICH BEARS N 31"48'20"W—101 AT TO A POINT FOR CORNER, 6) S 61"33'57"W—35.13'TO A POINT FOR CORNER, www.WalkerPortners.com TBPE Registration No.8053 1 TBPLS Registration No.10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\FN-98.docx 7) N 28°26'03"W-20.00'TO A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, 8) N 61°33'57"E-25.80'TO A POINT FOR CORNER IN THE COMMON LINE BEWEEN SAID SAID 9.427 ACRE TRACT AND SAID 18.853 ACRE TRACT, FROM WHICH A 1/2"IRON ROD WITH CAP STAMPED"HOLT CARSON, INC."FOUND MARKING THE NORTHWEST CORNER OF SAID 9.427 ACRE TRACT,BEARS S 80°23'45"W-756.18'; THENCE N 80°23'45"E-30.85'WITH THE COMMON LINE BETWEEN SAID 9.427 ACRE TRACT AND SAID 18,853 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.288 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:AUGUST 16,2017 REL ASED:JULY 26,2018 A LP .............. WARREN L.SIMPSON,R.P.L.S.4122 WARREN L.SIMPSON . ............. PROJ NO,3-00619 0 4122 PLAT NO.A3-1487 9�;fiSS���.'.f�� FIELD NOTE NO.098 0 S U Rvti MAP CHECKED:07/18/2018-JBM www.WalkerPortners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-98.docx BCRUA 098 EDD MACK FULKES, III AND WIFE, NANCY CAROLYN FULKES LEGEND CURVE TABLE • =1rz'IRON ROD FOUND WITH CAP CURVE I LENGTH RADIUS DELTA CHORD STAMPED'HOLT CARSON INC.- C-1 1 119.73' 1186.00 1 5.47D4'1 S 31.4T D6'E-I I9.W (UNLESS OTHERWISE NOTED) G2 1 101.46' 1206A0 I 4'49'13'I N 31'48'20-W-101AY YAJ ( ) =DEED CALLS h D.R.T.C.T. -DEED RECORDS TRAVIS D2'IRON ROD FOUND aIn Ca ,TEXAS FIELD NOTE WITH CAP STAMPED T.C.C.D. =TRAMS COUNTY POINT OF BEGINNING 'RPLS5784•CLERK'S DOCUMENT GRID COORDINATES OP.RT.GT. -OFFICIAL PUBLIC RECORDS N30181098.04'L303{BB3.3S' POWER POLE AND TRAVIS COUNTY,TEXAS DOWNGUY� t. GRAVEL =EASEMENT AREA E1.,.z1�TD9E>latDRtJ:. % q39 9' � DRIVE —X— =WIRE FENCE LW"'P Ep,HpM2g, 2„ -UTILITY POLE —EE— -OVERHEAD ELECTRIC LINE •1 N34'29'32"W 419•g3 GATE KEYPAD CANTER m =TELEPHONE RISER L-B in C-2 S ro L-7 L-3 0.288 ACRE L-6 EASEMENT MARY F.CAMERON AND HUSBAND,CLAUD G.CAMERON A.T.HOLDING-TRAVCO,LLC CALLED 14.90 ACRES CALLED 18.053 ACRES TRACT W T.C,C.D.2011145738 T.C.C.D.2008021031 OP.R.T.C.T. O.P.R.T,C.T. R EDD MACK FULKES,III AND WIFE, k NANCY CAROLYN FULKES LINE TABLE CALLED 9,427 ACRES 3 T.C.C.D.2011145737 ti LINE DIRECTION LENGTH b ��� O.P.R.T.C.T. RL-4 ser9e'Ssw 22.1a• S56.5174rW 35.23' y$ �� _�. � N 33'09'19'W 20.00' " °,�'' •' N 56'50'4V E 34.7T 'r y SMe 33'5rW MAY ,��✓ `.A-�aN 2B'26'O3'WW-3 . 'J �« E N61'33'57•E N80'23'45'E 01�J N 28• .W 525. \\,P m (H28'y'00•W 525.00) iy�8 rZf�O} 1 '; o N 3 3/ A.T.HOLDING•TRAVCO,LLCa CALLED 18.653 ACRES w T.C.C.0.2011145738 y'q; OPAT.C.T. ti O 17 IRON �, z ROD FOUND X In m (J SURVEYORS NOTES: p SURVEYED:AUGUST 16,2017 / RELEASE DATE:JULY 26,2018 m FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF o AND TIRED: 0,288 ELECTRIC EASEMENT LOCATED IN THE JOSE EXHIBIT ANTONIO YBARSO SURVEY ABSTRACT 840,TRAMS OF A 0.288 ACRE ELECTRIC EASEMENT LOCATED a COUNTY,TEXAS. IN THE LOSE ANTONIO YBARBO SURVEY, THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. ABSTRACT 840 IN TRAVIS COUNTY,TEXAS,BEING a THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A PORTION OF A CALLED 9.427 ACRE TRACT A TIRE REPORT,THEREFORE THE SURVEYOR CERTIFIES DESCRIBED IN A DEED TO EDD MACK FULKES,III THAT EASEMENTSADDRESSED THAT OWES R,THE ED OF SURVEYOR E AND WIFE,NANCY CAROLYN FULKES,OF RECORD 9 BEEN ADDRESSED HEREON.HOWEVER,THE SURVEYOR L� DOES NOT GUARANTEE THAT ALL EASEMENTS, UNDER TRAVIS COUNTY CLERK'S DOCUMENT RESTRICTIONS OR ENCUMBRANCES(EITHER OF RECORD 2011145737 OF THE OFFICIAL PUBLIC RECORDS OF F TRAVIS COUNTY,TEXAS. OR NOT OF RECORD)WHICH MAY AFFECT THE SUBJECT -(E�.a TF . TRACT ARE SHOWN HEREON. COI THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE WARREN L.SIMPSO .. SYSTEM,NAB 83,CENTRAL ZONE ACQUIRED FROM GLOBAL ...,a a •...... G POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN -9igO.4122�-1Pi Q� HEREON ARE SURFACE VALUES. aFESS WARREN LSIAIPSON,RP.LS.4172 O S`URvv ©COPYRIGHT ALL RIGHTS RESERVED Is mpsongnvalke penners.mm g N f) 100 200 4aO m I �Talker Panners GRAPHIC SCALE IN FEET o engineers * surveyors 4 ea laa amaa Pk y..Sena 150•AOAh,Tun,76746 PLAT NO. 1-1487 PROD.NO. 3.00619 DRAFTED 18 15 Plana:1-512.T92d021•T.R.P.E.ReWsbatlon No.8053 TAB NA FIN NO. 098 FB/PG 3-3 DRA\VN BY IBM w T.B.P.LS.ReOLsionon No.10194317 E3 DWG.NAME 3-00619ESMT-PARCEL 098. NG\P CHK'D 07 18 18 a FULKES.DWG �,�,:." N ��� x�,r � r err N',. �� ,�iY;;, 7 N iF^ w »:� � •'N. M q" s�ppyy a �j� a' r, h g a` • c• w � w .'rcM^a x�, �. '�� � .-.W ray„ "M � � +„' •• • ``" ate, xm „ s .Z r