R-2021-207 - 8/12/2021RESOLUTION NO. R=2021=207
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, Texas ("City") and the public -at -large to
acquire, construct and maintain certain parkland and public recreational, trail and open space facilities,
and to perform associated public uses and purposes ("Project"); and
WHEREAS, in accordance with the above, the City Council hereby finds that public necess10
ity
requires the acquisition of fee simple title to approximately 6.12 acres of land located i*n Williamson
County, Texas and more particularly described by metes and bounds description in Exhibit "A"
attached hereto (the "Property"), such property being owned by WILBUR EUGENE MCCONICO,
PATSY M..,ANDERSON, GARFIELD W. MCCONICO, JR.., BYRON G,.ANDERSON,
BIANCA M. JACKSON a/k/a Bianca Michele Jackson, and CANDIS Y. JACKSON a/k/a Candi*s
Yvette Jackson, for the public use of construction, reconstruction, maintaining, and operating of the
Ci*tyls parkland and trail system improvements and related facilities, and utility adjustments,
relocation, and/or installation ("Project"), excluding all the oil, gas, and sulphur which can be removed
from beneath said real property, without any right whatever remaining to the owner of such oil, gas,
and sulphur of ingress to or egress from the surface of said real property for the purpose of exploring,
developing, or mining of the same, 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 across
and upon, and will cross, run through, and be upon the herein described real Property; and
WHEREAS, it is necessary to establish procedures for determining
compensation, and completing acquisition of the Property for this Project.
and approving just
0112.20212; 00478178
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
Sect'6
ion 1.
The City Council hereby Ends and determines that it is necessary for the welfare of
the City and its citizens to acquire, construct and maintain parkland areas and 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, i*n order to allow the City and/or its assigns 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. If I*t i*s 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 i*s hereby
authorized to file or cause to be filed, against the owners and holders of other related interest I*n the
Property, proceedings using the C*tys'power of eminent domain to acquire the stated interest in and to
the above described lands, i*n order tllo aow the City and/or its assigns to complete said Project, and to
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perform and undertake all other proceedings necessary to complete the acquisition of the Property.
Section 3,, It I*s 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 in the descriptions
contained herein or i*f 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.
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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 5 51, Texas Government Code, as amended.
RESOLVED this 12th day of August, 2021.
ATTEST:
SARA L. WHITE, City Clerk
CRAM MORG ,Mayor
City o Round Mck, Texas
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EXHIBIT
„A„
METES BOUNDS DESCRIPTION
A 6.12 ACRE TRACT BEING THE REMAINING PORTION OF A CALLED 6.30 ACRE TRACT
BEING BLOCK 4, STARKFIELD ADDITION, ACCORDING TO THE MAP THEREOF RECORDED
IN CABINET "A", SLIDE 203, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAVE AND
EXCEPT THEREFROM THOSE CERTAIN PARCELS DESCRIBED IN VOLUME 758, PAGE 248,
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND IN DOCUMENT NO. 20040672699
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT
AS CONVEYED AS "TRACT 39"IN DOCUMENT 2016017707, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS,' SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING at a '/z" iron rod set at the intersection of the westerly R.O.W. line of
North Georgetown Street (per plat, Old Taylor Highway, a Variable Width R.O.W.) and
the northerly'R.O.W. line of Pecan Drive (A/K/A Pecan Ave., a Variable Width R.O.W.)
for the southeast corner of the herein descried tract, from which a V2" iron rod with
"Baker" cap marking the northeast corner of a called 0.225 acre tract as described i*n a
deed to John H. Person i*s found bearing S 12'25'48" W, 67.77 feet for witness;
THENCE along and with the northerly R.O.W. line of said Pecan Drive, same being the
south line of the herein described tract, the following courses and distances0
:
S 88025904" W, 24.70 feet to a Y2" iron rod set for the P.C. of anon-tangent curve, the
east corner of a called 0.099 acre tract given for R.O.W. dedication i*n said Doc. No.
2004067269, Official Public Records of Williamson County, Texas;
THENCE along a curve to the left with the following parameters:
Radius: 710.00 feet
Arc Length: 109.35 feet (called 109.96 feet)
Chord Length:, 109.24 feet (109.85 feet)
Chord Bearing:0
N 87038'59" W (N 87042'34'9 W)
Delta Angle: 08049'28'9 (08052'25'9)
To a '/2" iron rod set for a P.T.;
THENCE S 87057'34" Wq 318.46 feet (S 8705 1` Wq 318.46 feet) to a '/2" iron rod set
for an angle point;
THENCE S 87057'29'9 W, 60.57 feet (S 8705 I' W 9 60.57 feet) to a V2" iron rod set for
an angle point;
THENCE S 88055'41'9 Wq 174.86 feet (S 88049'22" Wq 174.86 feet) to a '/2" iron rod set
for an angle point;
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THENCE S 88055'399 W, 74.72 feet (S 88049'20 " W 9 74.72 feet) to a point of reference
for the southwest corner of the herein described tract, the southeast corner of Lot 2, P.K.
Is Is
Dady Subdivision, as recorded in Cab. N, SId. 352, Plat Records of Williamson County,
Texas;
THENCE along the east line of said Lot 2, N 12054'25"' Eq 134.44 feet (N 14009' E, per
plat; N 14009' E, 141.34 feet per Doc. No. 2011022521, Official Public Records of
Is
Williamson County, Texas) to a '/2" iron rod set for an ell of the herein described tract,
the southwest corner of a called 0.103 acre tract as deeded to the City of Round Rock i*n
Vol. 758, Pg. 248,, Deed Records of Williamson County, Texas;
THENCE along and with the south line of said 0.103 Acre Tract, N 69025'00" E, I 11 *27
feet (N 70039'35" E, 111.27 feet) to a V219 iron rod set for an ell of the herein described
tract, the southeast corner of said 0.103 Acre Tracts
THENCE along and with the east line of said 0.103 Acre Tract, N 03'25'03" E, 45.97
feet (N 04039'25" E, 45.97 feet) to a '/z" iron rod set for an ell of the herein described
tract, the northeast corner of said 0.103 Acre Tract;
THENCE along andwiththe north Ii*neof said 0.103 Acre Tract, S 69025'07" W, 102*18
feet (S 70039935" W, 102.18 feet, per Vol. 758, Pg. 248) to a '/z" iron rod set for the
northwest corner of said 0.103 Acre Tract, an angle point of the herein described tract, a
point in the east line of said Lot 2;
THENCE continuing along and with the east line of said Lot 2, same being the west line
of the herein described tract, N 12054'25" E, 175.00 feet (N 14009' E, per plat) to a point
of reference i*n the centerline of Brushy Creek for the northwest corner of the herein
described tract, the northeast corner of said Lot 2, the southeast corner of a called
17.1253 acre tract as deeded to Crest SC LP i*n Doc. No. 2007088871, Official Public
Records of Williamson County, Texas, the southwest corner of Lot 9B, Replat of Lot 9,
Heritage Center Subdivision, as recorded I*n Cab. CC, SIds. 27m28, Plat Records of
Williamson County, Texas;
THENCE along the centerline of said Brushy Creek, same being the north line of the
herein described tract, the following courses and distances:
N 63025'11" E, 129.20 feet (N 70020' E, 129.2 feet) to a point of reference for an angle
's
Point;
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S 75034'12" E, 200.00 feet (S 73032' Eq 200sO feet) to a point of reference for an angle
point;
S 89033'12" E, 447.70 feet (S 8703 1' E, 447.7 feet) to a point of reference for the
northeast corner of the herein described tract, the southeast corner of a called 2.762 acre
tract as deeded to Comet Realty, LLC I*n Doc. No. 2008091376, Official Public Records
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of Williamson County, Texas, a point in the westerly R.O.W. line of said North
Georgetown Street;
THENCE along said R.O.W. line, same being the east line of the herein described tract,
S 12025'48" W, 349.00 feet (S 14028' W, 349 feet) to the POINT OF BEGINNING and
containing 6.12 acres, more or less.
Basis of Bearing: Texas Central NAD 83
All set %2" iron rods capped with "Amerisurveyors" cap.
STATE OF TEXAS
July 9, 2018
COUNTY OF B EXA R §
It is hereby certified that the above description was prepared from an actual survey on the ground of the
described tract made under my supervision.
df
Roy Joh onnfe t,..................................
ROY JOHN RONNFELDT
..................................
Registered Professional Land Sur eyor too 3520
Registration No. 3520 < :gyp
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