R-2021-102 - 4/22/2021 Heritage Trail—Parcel 6
RESOLUTION NO. R-2021-102
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 use and welfare of the City of Round Rock, Texas ("City") and the public-at-
large to construct and maintain parks and recreation facilities in the nature of trails for the public
pedestrian and bicycle use, and for otherwise traversing over, upon and across such trails, 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 a trail easement interest in and across approximately 0.650 acre (Parcel 6) of
land, located in Williamson County, Texas and more particularly described by metes and bounds in
Exhibit"A" attached hereto, such property being owned by CIRCLE 77, LLC and CIRCLE 77 WR,
LLC (the "Property"), for the public use of construction, reconstruction, widening, maintaining, and
operating of the Heritage Trail improvements and related facilities ("Project'), at such locations as are
necessary and that such constructing, reconstructing, maintaining, and operating shall extend across
and upon, and will cross, run through, and be upon the herein described real Property;
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;00469402
Section 1. The City Council hereby finds and determines that it is necessary for the use,
recreation, and welfare of the City and its to construct and maintain recreational trail improvements in
the City 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 City to complete said Project.
Section 2. The City Attorney, or his designated agent, has on behalf of the City to 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, and any damage to the remaining property of the Owner. If it is determined that an
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 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.
2
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.
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 22nd day of April, 2021.
/-,.
CRAIG OR0ock,
, Mayor
City of Round Texas
ATTEST:
4vuzaau 0 a
MEAGAN INKS, D puty City Clerk
3
County: Williamson Page 1 of 3
Parcel: TRACT 6(Circle 77,LLC, Et.Al.0.650Acres) Oct.28,2020
Project: Heritage Trail
EXHIBIT
PROPERTY DESCRIPTION FOR TRACT 6
DESCRIPTION OF A 0.650 ACRE (28,331 SQUARE FOOT), PARCEL OF LAND SITUATED
IN THE WILEY HARRIS SURVEY,ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THAT CALLED 17.1253 ACRE TRACT OF LAND (LOT 5-A)
DEPICTED ON STEEPLECHASE DOWNS, A SUBDIVISION OF RECORD IN CABINET N,
SLIDE 136-137 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
DESCRIBED IN SPECIAL WARRANTY DEED TO CIRCLE 77, LLC (A 64.91% INTEREST)
AND CIRCLE 77 WR, LLC (A 35.09% INTEREST) RECORDED IN DOCUMENT NO.
2018073860 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND SAID 0.650 ACRE (28,331 SQUARE FOOT) PARCEL BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the westerly boundary line of said Lot 5-A, same being in the easterly
boundary line of Lot 3 of Heritage Center,a subdivision of record in Cabinet E, Slide 294-295 of the Plat Records
of Williamson County, Texas and cited as being Lot(s) 3 and 4, Heritage Center in Special Warranty Deed to the
City of Round Rock, Texas recorded in Document No. 2014046645 of the Official Public Records of Williamson
county,Texas,for the.northwesterly corner of the herein described parcel,from which a 5/8"iron rod found,being
a point on a 60 foot radius cul-de-sac at the southerly terminus of Heritage Center Circle (100' Right-of-Way
(ROW)width), being the common corner of said Lot 4 and Lot 5-A bears,with said westerly boundary line of said
Lot 5-A, same being in the easterly boundary line of Lot 3, N 05°09'05" W, at a distance of 333.90 feet, a
calculated angle point, and continuing N 60°42'06"W, at a distance of 101.12 feet;
THENCE, departing said Lot 3, through the interior of said Lot 5-A, the following five(5)courses:
1) N 89°02'44" E,for a distance of 182.10 feet, to a calculated angle point;
2) N 70°39'53" E,for a distance of 144.72 feet, to a calculated angle point;
3) N 65°02'20" E,for a distance of 113.40 feet, to a calculated angle point,-
4) N 40°09'58" E,for a distance of 102.71 feet, to a calculated angle point;
5) N 60°13'56" E, for a distance of 24.42 feet, to a calculated point in the easterly boundary line of said Lot 5-
A, same being the westerly boundary line of Lot 9B, as depicted on Replat Of Lot 9 Heritage Center
Subdivision, a subdivision of record in Cabinet GG, Slide 27-28 of the Plat Records of Williamson County,
Texas and cited in Special Warranty Deed to the City of Round Rock,Texas recorded in Volume 2078, Page
886 of the Official Records of Williamson County,Texas,for the northeasterly corner of the herein described
parcel, from which an iron rod with plastic cap stamped"Forest 1847"found in the existing southerly ROW
line of U. S. Highway 79 (variable width ROW), being the northeasterly corner of said Lot 5-A, same being
the northwesterly corner of said Lot 9B, bears,with said common boundary line, N 05'19'06"W at a distance
of 884.30 feet
6) THENCE, with said common boundary line, S 05019'06" E, for a distance of 68.37 feet to the calculated
southeasterly corner of the herein described parcel;
THENCE, departing said Lot 9B,through the interior of said Lot 5-A,the following four(4) courses:
7) S 40°09'58"W,for a distance of 95.75 feet, to a calculated angle point;
8) S 65°02'20"W,for a distance of 126.88 feet, to a calculated angle point;
9) S 70°39'53"W,for a distance of 155.26 feet, to a calculated angle point;
10) S 89°02'44"W,for a distance of 186.52 feet, to a calculated point in said westerly boundary line of said Lot
5-A, same being said easterly boundary line of Lot 3, for the southwesterly corner of the herein described
parcel;
County: Williamson Page 2 of 3
Parcel: TRACT 6(Circle 77,LLC, Et.Al.0.650Acres) Oct.28,2020
Project: Heritage Trail
11) THENCE, with said common boundary, N 05°09'05" W, for a distance of 50.13 feet to the POINT OF
BEGINNING, containing 0.650 acres, (28,331 square feet)of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System,Central Zone No.4203, NAD
83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct and that the property described herein was determined by a survey made on the
ground under my direct supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen Trues ale Date
Registered Professional Land Surveyor No.4933 ""�
Licensed State Land Surveyor f F
Inland Geodetics, LLC +L �,f'�FQ
Firm Registration No: 100591-00 1�0 ,.
1504 Chisholm Trail Road, Suite 103 .•...._ E
.'•••
,S A. STEPHEN TP,UFSOAL .
Round Rock, TX 78681 """""'
4033
S:/_CORR-PROJECTS/PARKS-REC/HERITAGE TRAIUACQUISITION SURVEYS 2020/CARLSON/PARCELS/TRACT 6-CIRCLE 77,EtAl-
LOT 5-A/HERITAGE TRAIL-CIRCLE 77-0.650 AC EASE.DOCX
EXHIBIT A
PLAT TO ACCOMPANY DESCRIPTION U.S. HIGHWAY 79
(VARIABLE WIDTH
� ROW)
_ FORES1847
HERITAGE CENTER CIRCLE �I r----___
(100'ROW WIDTH) L, li
(60'CUL-DE-SAC !1
RADIUS) CIRCLE 77, LLC (64.91% INT.) 1
CIRCLE 77 WR, LLC (35.09% INT) 1` I
(17.1253 AC.) i
DOC. 2018073860
O.P.R.W.C.T.
I
5 5 co
8" A'6(HoB'244 IIZoI, \�I m o N
\ 'v 1
/ \77ps STEEPLECHASE DOWNS I�I`\ j'`, cc";3w
(LOT 5-A) �`c ZI W o'0
CAB. N. SLIDE 136-137 �, Irn �+� F z o U 3
I I P.R.W.C.T. 11`{ yl J w J
1 P.I of a w
u
1 30' P.U.E 15� IW �� ~
PER PLATS-J I i,/ Ip of =
/ I
O 1 �1
C)
LOT 3
II of BRUSHY CREEK WATER CONTROL AND
L 0 T IMPROVEMENT DISTRICT NO. 1
rJ <n w 1 01 20' SANITARY SEWER TUNNEL EASEMENT,
a z I I VOL. 1619, PGS. 427-430 /, I
Iw-Lwi I -I O.R.W.C.T.
-77
t-�*Li - �w1 _ --- --- /
=a a_--I--p}u--- ----IL
CITY OF ROUND ROCK
-_0 d o I I -I Qo 10' UTILITY EASEMENT
I 6 11 1 m VOL. 555, PG. 189
D.R.W.C.T.
c.)o I I
P.O.B. L I 1'N89'02'44'E 182.10' ,.No/ 20' SEWER
SEMENT
PER HERITAGE E4 CENTER
CAB. E, SLIDE 294-295
- •------- r�f P.R.W.C.T.
--^---------- ---= -589'044 WJ 186_52 .
SEE NOTE o \ ��oi�N
I ilc�6F' DRAINAGE EASEMENT do
#3 L Iy/ PUBLIC UTIL EASE.
PER CEER
o P�f CAB. E,E SL DEE 294-295
S PER P.R.W.C.T.
APPROX. CL BRUSHY CREEK — a cREfi��
FROM AERIAL IMAGERY 7
_ - - - - _ � - - gRUS�I
(S79-
or LINE TA
O2'o2"w
122.22')
J!� y L1 N 65'02'20"BLE E 113.40'
I 1`JJ r 1 r L3 N 60'113'56" E 24.42'
1' I I L4 S 05'19'06" E 58.37'
9v r G L5 S 40'09'58" W 95.75'
0 5-0 100
L6 S 65'02'20" W 1126.88'
rN IL71N 05'09'05" W I 50.13'
I" - 100'
I N L A N D u I EASEMENT
GEODETICS
PROFESSIONAL LAND SURVEYORS O,650 ACRES
1504 CHISHOLM TRAIL OUND ROCK,TX.RD.STE.103
7868
PH.(512 238-1200,FAX(512)3811251 28,331 SQUARE FEET OCT. 28, 2020
FIRM REGISTRATION NO.100591-00 wl PAGE 3 OF 4
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S:\-CORR-PROJECTS\PARKS-REC\HERITAGE TRAIL\ACQUISITION SURVEYS 2020\CARLSON\PARCELS\TRACT6-CIRCLE 77,LLC,ET.AL.-LOT 5-A\TRACT 6.DWG
EXHl81 T A
PLAT TO ACCOMPANY DESCRIPTION
LEGEND
O IRON ROD WITH CAP FOUND O.R.W.C.T. OFFICIAL RECORDS
• 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS
UNLESS NOTED O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
CALCULATED POINT WILLIAMSON COUNTY, TEXAS
P.U.E. PUBLIC UTILITY EASEMENT
0 IRON ROD WITH CAP SET P.O.B. POINT OF BEGINNING
F PROPERTY LINE ( ) RECORD INFORMATION
D.R.W.C.T. DEED RECORDS WILLIAMSON
COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. DISTANCES ARE SURFACE DISTANCES.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON.
3) GRADIENT EDGE OF WATER LINE ON APRIL 15, 2020, AS IMPOUNDED BY VETERAN'S PARK DAM.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT
THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON
THE GROUND UNDER MY DIRECT SUPERVISION.
OF
_ P�' •�STF'•
..............
M. STEPHEN R SDALE DATE ,M�STEP}; �jTRIIESOALE
. .:............I...........
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 :,9 4933
LICENSED STATE LAND SURVEYOR O%a�O
INLAND GEODETICS, LLCQi�•,,FSS�•,,�.,
FIRM REGISTRATION NO. 100591-00 SUB
1504 CHISHOLM TRAIL ROAD, SUITE 103 �-,,,�y,,�
ROUND ROCK, TEXAS 78681
I N L A N D u EASEMENT
GEODETICS
PROFESSIONAL LAND SURVEYORS 0.650 ACRES
ROUNDROCK,TX.78681 28,331 SQUARE FEET OCT. 28, 202j
PH.(512)238-1200,FAX(512)238-1251
FIRM REGISTRATION N0.100591-00 PAGE 4 OF
S:\_CORR-PROJECTS\PARKS-REC\HERITAGE TRAIL\ACQUISITION SURVEYS 2020\CARLSON\PARCELS\TRACT6-CIRCLE 77,LLC,ET.AL.-LOT 5-A\TRACT 6.DWG