R-2021-143 - 5/27/2021RESOLUTION NO. R=2021=143
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 subsurface intake
tunnel 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 a temporary construction and access easement in and across approximately
0.373 acres (Parcel 22TCE) of land located i*n 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 LAURA C. STICH AND KENNETH C. ROSS for the public use of construction,
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reconstruct ion, installation, maintaining, and operating of subsurface intake tunnel 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, under, and
over the surface of the herein described real Property; and
WHEREAS, it i*s 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:
0 112.2021;00472266
Section 1. The City Council hereby finds and determines that 1"t i*s 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 BCRUA9 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 1"t 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 i*s hereby authorized to file or cause to be fled, against
the owners and holders of other related interest in the Property, proceedings using the Ci*ty's power of
eminent domain to acquire the stated interest in and to the above described lands, i*n order to allow the
City and/or its assigns to complete said Project, and to perform and undertake all other Pceedin9ro s
necessary to complete the acquisition of the Property.
Section 3,, Iti'as, 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 I*t i*s later determined that there are any errors i*n 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
40
resolution of the City Council authorizing the condemnation of the corrected or revised Property.,
Section 4.
The findings of fact, recitations of provisions set i*n the preamble of this Resolution
are adopted and made a part of the body of this Resolution, as fully as i*f 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 27th day of May, 2021.
ATTEST:
I
SARA L. WHITE, City Clerk
CRAIG MORG , Mayor
City of Round Wck, Texas
3
BCRUA 022
LAURA C. STICH AND KENNETH C. ROSS EXHIBIT
nA»
� Walker Partners
engineers *surveyors
804 Las Cimas Pkwy., Suite 150
Austin, Texas 78746
0.373 ACRE
TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 0.373 ACRE STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION COMPANY SURVEY,
ABSTRACT 681, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 5, BLOCK "A", OF THE GATE HOLLOW ESTATES
ADDITION, OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 200600049 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND CONVEYED TO LAURA C. STICH AND KENNETH C. ROSS, BY
DEED OF RECORD IN T.C.C.D. 2006070133 OF THE O.P.R.T.C.T. SAID 0.373 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 YELLOW CAP (ILLEGIBLE) FOUND, IN THE SOUTHWEST MARGIN OF LIME CREEK
ROAD (R.O.W. WIDTH VARIES), MARKING THE NORTH CORNER OF SAID LOT 5 AND THE HEREIN DESCRIBED EASEMENT'
AND THE EAST CORNER OF LOT 6, BLOCK "A", OF SAID GATE HOLLOW ESTATES ADDITION,
THENCE S 22031'16" E — 103.77' WITH THE SOUTHWEST MARGIN OF LIME CREEK ROAD, ALONG THE NORTHEAST LINE
OF SAID LOT 5, TO A 1/2" IRON ROD FOUND MARKING AN ANGLE POINT IN THE NORTHEAST LINE OF SAID LOT 5;
THENCE S 28005'09" E — 67.57' WITH THE SOUTHWEST MARGIN OF LIME CREEK ROAD, ALONG THE NORTHEAST LINE OF
SAID LOT 5, TO A 1/2" IRON ROD WITH CAP STAMPED "CS LTD" FOUND MARKING THE EAST CORNER OF SAID LOT 5 AND
THE HEREIN DESCRIBED EASEMENT AND THE NORTH CORNER OF LOT 4, BLOCK "A" OF SAID GATE HOLLOW ESTATES
ADDITION;
THENCE S 49029'10" W — 100.00' WITH THE COMMON LINE BETWEEN SAID LOTS 4 AND 5, TO A POINT AT THE SOUTH
CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD WITH CAP STAMPED "CS LTD" FOUND
MARKING THE SOUTH CORNER OF SAID LOT 5 BEARS S 40029'10" E — 339.72';
THENCE N 24052'33" W — 172.92' CROSSING SAID LOT 5, TO A POINT IN THE COMMON LINE BETWEEN SAID LOTS 5 AND 6,
TO A POINT AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT FROM WHICH A 1/2" IRON ROD WITH CAP
STAMPED "CS LTD" FOUND FOR THE WEST CORNER OF SAID LOT 5 BEARS S 50032'26" E — 339.52';
THENCE N 50032'26" E — 100.00' WITH THE COMMON LINE BETWEEN SAID LOTS 5 AND 6, RETURNING TO THE POINT OF
BEGINNING AND CONTAINING 0.373 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL
LAND SURVEYOR, NO. 4122 ON DECEMBER 20, 2019. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM
OBSERVATIONS AND THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES.
SURVEYED: DECEMBER 13, 2019
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WARREN L. SIMPSON, R.P.L.S. 4122
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BCRUA 022
LAURA C. STICH AND KENNETH C. ROSS
NORTHEAST MARGIN OF ROAD 4" CEDA —' — TRAVIS COUNTY
2'x2' STONE MAILBOX T.C.C.D. 2000095194, O.P.R.T.C.T.
1/2" IRON ROD WITH
YELLOW CAP FOUND (ILLEGIBLE) L1ME7CRM( ROAD (VARIABLE WIDTH ROW)
MONITORING WELL (S 21'1135" E 103.64') (S 26°46'09" E 67.62')
��. S 22°31'16"E ES 28°05'09" E
SOUTHWEST MARGIN OF R
OAD 67.57' —
—
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GRID COORDINATES
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EASEMENT
T.C.C.D. 200600049
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LOT 4, BLOCK "A"
0.3 3ACRETEMPORARY
O.P.R.T.C.T
GATE HOLLOW
CONSTRUCTION EASEMENT ESTATES ADDITION
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LEGEND
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= UTILITY POLE
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= GUY WIRE
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= OVERHEAD ELECTRIC LINE
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= TREE
= ASPHALT EDGE
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= CONCRETE
= TEMPORARY CONSTRUCTION EASEMENT AREA
•
= 1/2" IRON ROD WITH CAP STAMPED "CS LTD" FOUND,
UNLESS OTHERWISE NOTED
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= 1/2" IRON ROD FOUND
D.R.T C.T.
= DEED RECORDS TRAVIS COUNTY, TEXAS
T.C.C.D.
= TRAVIS COUNTY CLERK'S DOCUMENT
O.P.R.T.C.T.
= OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS
( )
= PLAT CALLS
SURVEYOR'S NOTES
SURVEYED DECEMBER 13, 2019
FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED
0.373 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE
RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681, IN TRAVIS
COUNTY, TEXAS
THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS SURVEY
WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT
THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS
BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER, THE
SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS,
RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF
RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON.
THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON
THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE
ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
DISTANCES SHOWN HEREON ARE SURFACE VALUES, OBTAINED WITH AN
APPLIED SCALE FACTOR OF 1.00013 (GRID VALUE x SCALE FACTOR =
SURFACE VALUE)
COPYRIGHT ALL RIGHTS RESERVED
T.C.CD 200600049 ^w' N O GATE HOLLOW
rn N Z
O.P. R.T C T. ESTATES ADDITION
�, 6, �� a` �, o_
w -0 mo A \ T.C.0 D. 200600049 CIA
O.P.R.T.C.T. '
m
� z \ 25' DRAINAGE EASEMENT
T.C.C.D. 200600049
O.P.R.T.C.T.
7.5' ELECTRIC EASEMENT
T C.C.D.200600049
O.P.R.T C T.
GREG ATTWOOD, TRUSTEE
REMAINDER OF A
CALLED 53.28 ACRES
T.C.C.D. 1999034469
0,P.R.T.C.T.
REMAINDER OF LOT 6,
LAKE TRAVIS SUBDIVISION NO 6
VOLUME 4, PAGE 157
P.R.T.C.T.
I EXHIBIT
OF A 0.373 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED
IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681,
IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A LOT S, BLOCK
'A', OF THE GATE HOLLOW ESTATES ADDITION, OF RECORD IN
TRAVIS COUNTY CLERK'S DOCUMENT 200600049 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS AND CONVEYED TO
LAURA C. STICH AND KENNETH C. ROSS, BY DEED OF RECORD IN
TRAVIS COUNTY CLERK'S DOCUMENT 2006070133 OF THE OFFICIAL
PUBLIC RECORD OF TRAVIS COUNTY, TEXAS
OF T�+
WARREN L. SIMPSOt
•:,Q 4122 �-�: �
��;•�FEss�o;'•y0
WARREN L. SIMPSON, R.P.L.S 4122
Isimpson@walkerpartners.com
ker Patners
engineers * surveyors
804 Las Cimas Pkwy., Suite 150 • Austin, Texas 78746
Phone: 1-512-382-0021 • T.B.P.E. Registration No. 8053
T.B.P.L.S. Registration No 10194317
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GRAPHIC SCALE IN FEET
PLAT NO. 1762 PROJ. NO. 3-00619 DRAFTED01/23/202ii
TAB EXH F/N N022 TCEFB/PG 3-25 18 DRAWN BY \X'CII
[)\X'G. NAME 3PARCEL-022-STICH TCE MAP CHK'D04/10/2020
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