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R-2021-081 - 3/25/2021 BCRUA Ph.2—Parcel 93 RESOLUTION NO. R-2021-081 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 0.115 acres (Parcel 93) 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 STEPHEN V. MEGNA 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;00467090 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 d 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, NA z CRAIG MgRGAN, yor City of Round Rock,pi exas ATTEST: MEAGAN SPVCS, Dep ty City Clerk 3 BCRUA 093 EXHIBIT "A1l STEPHEN V. MEGNA Walker Partners engineers * surveyors 600 Austin Ave.,Suite 20 Waco,Texas 76701 20 FOOT WIDE(0.115 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840 TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 20 FOOT WIDE(0.115 ACRE)STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF A CALLED 4.644 ACRE TRACT REFERENCED IN A DEED TO STEPHEN V.MEGNA,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)2016032802 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.)AND DESCRIBED IN A DEED OF RECORD IN VOLUME 8240, PAGE 304 OF SAID O.P.R.T.C.T. SAID 0.115 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 FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD,MARKING THE EAST CORNER OF SAID 4.644 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT,BEING THE NORTH CORNER OF A 4.171 ACRE TRACT DESCRIBED IN A DEED TO KIRBY FRANKS AND WIFE BILLIE DELL FRANKS,OF RECORD IN VOLUME 9260, PAGE 708 OF THE SAID O.P.R.T.C.T.; THENCE S 26'39'56"W-20.17'WITH THE COMMON LINE OF SAID 4.644 ACRE TRACT AND SAID 4.171 ACRE TRACT,TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT,FROM WHICH A 1/2"IRON ROD FOUND AT THE SOUTH CORNER OF SAID 4.644 ACRE TRACT BEARS S 26.39'56"W-691.24'; THENCE N 55°50'32"W-2.42'AND N 57.04'06"W-248.33'THROUGH THE INTERIOR OF SAID 4.644 ACRE TRACT,TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND AT THE WEST CORNER OF SAID 4.644 ACRE TRACT BEARS S 31"35'33"W-716.09'; THENCE N 31.35'33" E-20.01'WITH THE COMMON LINE OF SAID 4.644 ACRE TRACT AND A CALLED 0.164 ACRE TRACT DESCRIBED AS TRACT 2, IN A DEED TO GEORGE WALTER HENDERSON,OF RECORD IN T.C.C.D. 2017045005 OF THE SAID O.P.R.T.C.T.,TO A 1/2"IRON ROD FOUND AT THE NORTH CORNER OF SAID 4.644 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 57°04'06"E-249.01'ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD,WITH THE NORTHEAST LINE OF SAID 4.644 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.115 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.DISTANCES SHOWN HEREON ARE SURFACE VALUES. SURVEYED:JULY 18,2017 �E�F•.F RELEASED:DECEMBER 20,2017 co+G\S*R o WARREN L. ......N .......... ....... WARREN L. SIM SON,R.P.L.S.4 2 .9•,PaFSs���;•�� PROJ NO.3-00619 ��••....•�`� PLAT NO.Al-1362 SURv FIELD NOTE NO.093 MAP CHECKED: 12/05/2017-JBM I i www.WalkerPartners.com TBPE Registration No.8053 TBPLS Registration No.10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\FN-93.docx BCAUA 093 STEPHEN V.MEGNA LEGEND JIM ANa�W,1.,�O Y `--II IlVAY FIELD NOTE • =12 ue a'IRON ROO FOUND +"s UN Mill (UNLESS OTHERWISE NOTED) IWA &MY, 1JUM POINT OF BEGINNING GRID COORDINATES ( ) =DEED CALLS N-IDMI00.1V&M30LOW P.RT.C.T. =PLAT RECORDS TRAVIS NAMELESS ROAD COUNTY,TEXAS (OCQR®WIDTH VARFSI T.C.CA. •TRANS COUNTY (S 53-54'03-E 249.07) CLERKS DOCUMENT 8 57.04'06"E 249.01' O.P.R.T.C.T- =OFFICIAL PUBLIC RECORDS TRAVIS COUNTY,TEXAS "FENC'j 1.69 X 1.66'N57.04'OB"W 248.99' STOWITHCOLUMN WOOD=EASEMENTAREA DARLENE VgGT WITH WOODCALLED3.0ACRESSTONE 0.!15ACREL'2 RAIL FENCE —X— =WIRE FENCE T.C.C.0-211t1121801PIAtfIER (TYPICAL) =UTILITY POLE O.P.R.T.C.T. EASEMENT ,... ■ —E— =OVERHEAD ELECTRIC LINE ApATE LOGATIO'r:OF SURVEY M =TELEPHONE RISER a GEORGE W t�A9�� KIRBY FRANKS AND WIFE, CALL TS '•} ' BILUE D 4.17l ANKS CRE �8'r CALLED 4.171 ACRES TA.CD.2011045005 •ty� '15 � VOLUME 8260,PAGE 708 O.P.R.T.C.T. of O.P.R.T.C.T. S •L0 STEPHEN V.MEGNA LINE TABLE CALLED 4.644 ACRES T.C.C.D.2016032802 N -' LINE DIRECTION LENGTH 0 N GEORGE WALTER HENDERSON r O.P SCRI.T. �' o, L-1 6 26'39'S6'W 20.I7 >2: CALLED 8.000 ACRES 3 w (NO DESCRIPTION E L-2 N 55'S0'3Y W 2.47 �1 TRACT f PROVIDED IN DEED) `d1 B L3 N 31'35'33'E 20.01' m 0 T.C.C.D.2017045005 ��. DESCRIBED IN m`i E O.P.R.T.C.T. x, VOLUME 8240,PAGE 304 y P O.P.R.T.C.T. A Q EXHIBIT N OF A 20 FOOT WIDE(0.115 ACRE)ELECTRIC " EASEMENT LOCATED IN THE JOSE ANTONIO SURVEY ABSTRACT 840 IN TRAVIS COUNTY, TEXAS,BEING A PORTION OF A CALLED 4.644 ACRE TRACT REFERENCED IN A DEED TO N STEPHEN V.MEGNA,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2016032802 OF THE OFFICIAL PUBLIC U RECORDS OF TRAVIS COUNTY,TEXAS AND z DESCRIBED IN DEED OF RECORD IN VOLUME ; 8240,PAGE 304 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS a a SURVEYORS NOTES: z w SURVEYED:DULY i6,2017 F RELEASE DATE:DECEMBER 20,2017 0 FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED: u z 20 FOOT WIDE(0.115 ACRE)ELECTRIC EASEMENT LOCATED IN THE LOT 76 a JOSE ANTONIO SURVEY ABSTRACT 040,TRAVIS COUNTY,TEXAS. WHITE RIM MOUNTAIN.SECTION TWO VOLUME 84.PAGE 8B-SA THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS P.R.LG.T. SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF ATITLE REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON.HOWEVER LOT T7 rn THE SURVEYOR DOES NOT GUARANTEE THATALL EASEMENTS, WHITE RIM MOUNTAIN.SECTION TWO RESTRICTIONSOR ENCUMBRANCES(EITHER OF RECORD OR NOT OF VOLUME$4,PAGE WSA o 6 RECORD)W14CH MAY AFFECT THE SUBJECT TRACT ARE SHOWN P.RT.C.T. �- 0 0 l HEREON. ,t\P.•C,\s1jfin• THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON �iQ� •/� FQ�N > THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,CENTRAL • •••••' ZONE ACGUIREO FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. ARREN L.SIMPSO v=i � DISTANCES SHOWN HEREON ARE SURFACE VALUES. :° 4122 G Rv��:Q- ••9iL•�FESS\O•i• O yARI L.SIMPPS�ON R PAL S.4122 Z ©COPYRIGHT ALL RIGHTS RPSERVED S N W 0 50 100 200 a (p! ker Par50oAunAram.,sKr20�w4O0,r..,.7e7of tners GRAPHIC SCALE IN FEETineers * surve ors PLAT NO. 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