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R-2021-080 - 3/25/2021 BCRUA Ph.2 Parce197 RESOLUTION NO. R-2021-080 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 0.417 acres (Parcel 97) 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 MARY F. CAMERON AND CLAUD G. CAMERON, 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;00467058 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 MO GAN ayor City of Round Rock, Texas ATTEST: MEAGAN SPI S, Dep y City Cter 3 BCRUA 097 - Exhibit"A" MARY E CAMERON AND HUSBAND, CLAUD G. CAMERON :Walker Partners engineers * surveyors 804 Las Cimas Parkway,Suite 150 Austin,Texas 78746 0.417 ACRE ELECTRIC EASEMENT LOCATED IN TIM JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 0.417 ACRE STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A CALLED 14.90 ACRE TRACT DESCRIBED IN EXHIBIT-A°,IN A DEED TO MARY F.CAMERON AND HUSBAND,CLAUD G.CAMERON,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (f.C_C_D.)2008021031 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.)SAID 0.417 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 1/2"IRON ROD WITH CAP STAMPED°RPLS 5784"FOUND IN THE WEST MARGIN OF NAMELESS ROAD, MARKING THE SOUTHEAST CORNER OF A CALLED 9.427 ACRE TRACT DESCRIBED IN A DEED TO EDD MACK FULKES, III AND WIFE NANCY CAROLYN FULKES,OF RECORD UNDER T.C.C.D.2011145737 OF SAID O.P.R.T.C.T.,AND THE NORTHEAST CORNER OF SAID 14.90 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE WITH THE WEST MARGIN OF NAMELESS ROAD,ALONG THE EAST LINE OF SAID 14.90 ACRE TRACT,THE FOLLOWING FIVE CALLS: 1) S 34°46'03"E—403.79'TO A 1/2"IRON ROD WITH CAP STAMPED"RPLS 5784'FOUND FOR ANGLE, 2 S 36°47'22"E—98.98'TO A 60D NAIL FOUND IN AN ELM TREE FOR ANGLE, 3) S 48°15'56"E-107.29'TO A 1/2"IRON ROD FOUND FOR ANGLE, 4) S 60°24'59"E—175.17'TO A 1/2"IRON ROD FOUND FOR ANGLE, 5) S 65°52'24"E—89.81'TO A 1/2"IRON ROD WITH CAP STAMPED"RPLS 5784"FOUND MARKING THE NORTHEAST CORNER OF A CALLED 107.307 ACRE TRACT DESCRIBED IN A DEED TO TEXAS LAND FUND NO.6,LP.OF RECORD UNDER T.C.C.D.2007175662 OF SAID O.P.R.T.C.T.AND THE SOUTHEAST CORNER OF SAID 14.90 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 58°41'48"W—24.29'WITH THE COMMON LINE BETWEEN SAID 14.90 ACRE TRACT AND SAID 107.307 ACRE TRACT,TO A POINT AT THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A COTTON SPINDLE FOUND ON SAID LINE FOR REFERENCE BEARS S 58°41'48"W—658.45'; THENCE THROUGH THE INTERIOR OF SAID 14.90 ACRE TRACT,THE FOLLOWING TEN CALLS: 1) N 65°52'24"W—76.98'TO A POINT FOR ANGLE, 2) N 60-24-59"W—178.25'TO A POINT FOR ANGLE, 3) N 48°15'56"W—111.43'TO A POINT FOR ANGLE, 4) N 36°47'22"W—101.35'TO A POINT FOR ANGLE, 5) N 34°46'03"W—8.57'TO A POINT FOR ANGLE, 6) N 60°07'16"W—51.07'TO A POINT FOR CORNER, 7) N 29°52'44"E—20.00'TO A POINT FOR CORNER, 8) S 60°07'16"E—8.87'TO A POINT FOR CORNER, 9) N 34°46'03"W—348.91'TO A POINT FOR ANGLE, 10) N 3,V29'32"W—9.65'TO A POINT AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT,IN THE COMMON LINE BETWEEN SAID 9.427 ACRE TRACT AND SAID 14.90 ACRE TRACT,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'AND FROM SAID IRON ROD A 1/2"IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 14.90 ACRE TRACT BEARS S 81°0955"W—231.09; Exhibit "A-1 " THENCE N 81'08'55"E-22.18'WITH THE COMMON LINE BETWEEN SAID 9.427 ACRE TRACT AND SAID 14.90 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.417 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 CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED:JULY 28,2017 REL SED:JULY 19,2018 �E o F rF ,�F�.•��sri=R•.ay WARREN L.SIMPSON,R.P.L.S.4122 WARREN L SIMPSON PROJ NO.3-00619 .'..........".'" PLAT NO_Al-1369 9,y.O�Fs�s'h#a� FIELD NOTE NO.097 SIIFZ.E MAP CHECKED:0 7/1 9120 1 8-JBM Exhibit "A-1 " BCRUA 097 MARY F.CAMERON AND HUSBAND,CLAUD G.CAMERON W IW IRON ROJ FOUND 12•IRON ROD FOUND WrIH PLS 57 STAMPED V� 'RPL55784' 12'IRON V1 L-0 ROD FOUND FIELD NOTE 6mFouNo POINT OF BEGINNING IN ELM $Q IBM LAND FUND NO.B,I.P. GRID COORDINATES �1 MDE� CALLED 107.307 ACRES'' N10160633A7 E9066197.17 IOBE� 444. •S T.CDD.2007175682 _N'��`���5 R I.D VOLlM p1�Y.c�L•2 �9 O.PR.i.Gj 12'IRON ROD FOUND 10yffm _ / CAP STAMPED (OCR L.1 L- oN� 'RPLS 57 L•15 L-0Q L-11 1 �c L,17 L 19-• L-12 0.417ACRE 5 EASEMENT f % GATE KEYPAD L-18 GRAVEPLANTER Og T.DRIVE y MARY F.CAMERON AND EW MACK FUIXES,III AND WFE. HUSBAND,CLAUD G.CAMERON NANCY CAROLYN RJUITS CALLED 9.427 ACRES 4 CALLED 14.90 ACRES T.C.CD.2011145737 TRACT A" O.P.R.T.C.T. T.C.C.D.2008021031 O.P.R.T.C.T. COTTON SPINDLE FOUND FOR REFERFRCEAT m $58'11'18'W 658.45 3 a Y S 58'41'48'W 99S LINE TABLE E `q• LINE DIRECTION LENGTH L-1 S 34.4E 03'E 4O3.7T -1 (S 24.541156 E) (402-69 o 12'IRON ROD FOUND s LEGEND '�' -L-2 S36'4T22'E 98.98' v WITH CAP STAMPED w (L-2) (SZ7'11'1s'E) (100.131 o 'HOLT CARSON INC! • =117IRON ROD FOUND V0i}i 1 m t 7� CAP STAMM TAU 5794' 4yF L-3 S48.IN 5NE 10729' (UNLESS OTHERWISE NOTED) 3) IS 38'26'15•E) (10724) H =DEED CAMS L4 S60'2CS9'E 175.17' .'� ,�• ILe E)1850'34'15' (175.M r� �. � DAT.C.T. =DTE�31RAVLS lS a6S 5711'E 89.81' (Lq IS S6'1(r15'E) (99.71) T.C.CD. =TRAMS COUNTY L-6 S 58'41'{a'W 24.V CLFRMS DOCUMENT O L-7 N 65'5724'W MAI? Z _ OPAT.C.T. =OFFICIAL PUBLIC RECORDS ti TRAMS COUNTY,TEXAS L� N60'24'S9'W 1782s EX ® L-9 N 48.15.56'W 1113S m / RODIwIRDNFOUND =EA,S�pRAREA L-10 N36.4T27W 101.35' RODFQUND L-11 N34.46'03•W 8.57' 3 SURVEYORS NOTES: —X— =WIRE FENCE L-12 N 60'OT 16'W S1.DI' Z �- 'UTILITY L-13 N29'5744'E 20D0 O SURVEYEU!ALY28,2017 —E— -OVEMEADELECTRICLUIE L-14 SSO'07'16'E SAT � RELEASE DATE:JULY 19,2018 m =TELEPHONERISER L-15 N 34.46'09'W 34891' L-16 N 34'29'37 W 9.65 L-17 N 81.06 55'E 22.Ir m FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF o AND TRIED: -' 0.417 ACRE ELECTRIC EASEMENT LOCATED IN THE JOSE EXHIBIT a pHTONq rBARBosuavEY ABSTRACT IMO,TRAVIS OF A 0.417 ACRE ELECTRIC EASEMENT LOCATED F- COUNTY,TTXAS. IN THE LOSE ANTONIO YBARBO SURVEY, 2: THE SURVEYORDIDNOTABSTRACT THE SUBIECTTRACT. ABSTRACT 840 IN TRAVIS COUNTY,TEXAS,BEING THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A PORTION OF A CALLED 14.90 ACRE TRACT tO 0 A TITLE REPORT.THEREFORE THE SURVEYOR CERTIFIES DESCRIBED IN EXHIBIT W,IN A DEED TO MART 9 THAT EASEMENTS THAT HE HAS BEEN ADVISED OF RAVE F.CAMERON AND HUSBAND,CLAUD G. o BEEN ADDRESSED HEREON.HOWEVER,THE SURVEYOR DOES NOT GUARANTEE THAT ALI.EASEMENTS. CAMERON,OF RECORD UNDER TRAVIS COUNTY S RESTRICTIONS OR ENCUMBRANCES(EITHER OF RECORD CLERK'S DOCUMENT 2008021031 OF THE OFFICIAL OR NOT OF RECORD)WHICH MAY AFFECT THE SUBJECT PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS. �..�F T TRACT ARE SHOWN HEREON. :�G� ER�'.� THE BEARINGS AND COORDINATES SHOWN HEREON ARE • • O• ti BASED UPON THE TEXAS STATE PLANE COORDINATE •ARREN L.SIMPSO• .. SYSTEM,NAD 83,CENTRAL ZONE ACQUIRED FROM GLOBAL '^ POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN , 4122 P•�' i HEREON ARE SURFACE VALUES. . �2O.;FSS: y� LD WJIRRENLSPJPSON,RPIS.{1Z7 SURD 1 ©COPYRIGHT ALL RIGHTS RESERVED hrtipsonN«aketperetKran I N tll 0 100 200 400 wc m ��Talker Partners GRAPHIC SCALE IN FT.bT ,o 6 en ineers * surve y ors 1 PLAT NO. Al-1369 PROJ.NO. 3-00619 DRAFTED 12 21 t7 601as q uu Las Pbry.,Sine 430.AusiM1 TeaA 7l7N Prom:talxaazaoxt.T.8rF-RSh..%nNo.9M TAB NA FIN NO. 097 IT/PG 3-3 32 DRAWN BYE '" TSYL Vi.S.R. jon W.10tM17 p DWG.NAME 3-D0619EihTE-0ARB.097• MAP CHK'D 2?2 17 a WIERON.DAG k e, R� y 8 r +. .� wM ., d �� � "' '�+ '� .,fir+ �;°•,�, Aof M 093h E ", may.. Air M ' e it r , n 9 y rt• 9; " C96 w Cameron • ' « . ,r. c � `a'r gyp., .►.