Loading...
R-2021-214 - 8/12/2021RESOLUTION NO. Rm2021m214 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 acquisition of the following a temporary construction easement over and across approximately 0.199 acre of land (Parcel 68B TCE), located i*n Travis County, Texas and more particularly described by metes and bounds and survey plat i*n Exhibit "A" attached hereto (the "Property"), such Property being owned by RICO DAVENPORT, for the public use of facilitating construction, reconstruction, installation, maintaining,, and operating of subsurface intake tunnel facilities required as 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 or the adjacent property rights owned or acquired by City; and WHEREAS, it is necessary to establish procedures for determining and approving just compensation, and completing acquisition of the Property for this Project. 0112.20212; 00478236 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 c0 itizens, to construct the project on the Property and/or adjacent property acquired by City and BCRUA for the Project, 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 or shall on behalf of the BCRUA, its member cities, and the City attempt to negotiate, settle, and agree on compensation to be paid to the owners of any interest i*n the Property, and has made or will make official, written, bona fide offers to the owners for the market value of said Property or property interest. If 1"t 1*s determined that a voluntary acquisition agreement as to the value of said Property, damages,, and/or compensation to be Is 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 I*n the Property, proceedings using the Clty'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 0 undertake all other proceedings necessary to complete the acquisition of the Property. Section 3., Iti'Ps 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 i*s 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 facts and 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 CRAIG YORGWN,, Mayor City of Round Xock, Texas K NED DAVENPORT EXHIBIT "All t4 - kerPartners englneers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 0.199 ACRE TEMPORARY CONSTRUCTION EASEMENT "B" LOCATED IN THE FRANCIS HARRIS SURVEY, ABSTRACT 364, IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 0.199 ACRE STRIP OF LAND LOCATED IN THE FRANCIS HARRIS SURVEY, ABSTRACT 364, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN TRACT 2 IN A DEED TO NED DAVENPORT, RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2012190501 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND A PORTION OF LOT 30, OF THE RE -SUBDIVISION OF LOTS 13 AND 14, TRAILS END LAKE TRAVIS SUBDIVISION, RECORDED IN VOLUME 9, PAGE 150, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS (P.R.T.C.T.), AS DESCRIBED IN TRACT 1 IN SAID DEED TO NED DAVENPORT, RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2012190501 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.199 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 A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF LOT 30, OF SAID RE -SUBDIVISION OF LOTS 13 AND 14, TRAILS END LAKE TRAVIS SUBDIVISION, BEING THE SOUTHWEST CORNER OF TRAILS END ROAD (CALLED 80' WIDE R.O.W.) AND BEING THE NORTHWEST CORNER OF A CALLED 1.2615 ACRE TRACT DESCRIBED IN TRACT ONE IN A DEED TO THE TRAILS END PROPERTY OWNERS ASSOCIATION, INC., RECORDED UNDER T.C.C.D. 2013217070 OF SAID O.P.R.T.C.T., FROM WHICH A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 30 BEARS N 07056'21 " E — 357.83'; THENCE S 07056'21" W — 135.13' WITH THE COMMON LINE BETWEEN SAID TRACT 2 DESCRIBED UNDER T.C.C.D. 2012190501 AND SAID 1.2615 ACRE TRACT, TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, THENCE N 82000'01" W — 52.73' THROUGH THE INTERIOR OF SAID TRACT 2, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE COMMON LINE BETWEEN SAID TRACT 2 AND THAT CERTAIN TRACT OF LAND CONVEYED TO NED DAVENPORT, JR., BY DEED RECORDED IN VOLUME 13379, PAGE 338 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, THENCE N 07059'59" E — 158.28' WITH THE COMMON LINE BETWEEN SAID TRACT 2 AND SAID NED DAVENPORT, JR. TRACT TO 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID NED DAVENPORT, JR. TRACT AND THE COMMON SOUTHERLY CORNER OF LOTS 29 AND 30, OF SAID RE -SUBDIVISION OF LOTS 13 AND 14, TRAILS END LAKE TRAVIS SUBDIVISION, RECORDED IN VOLUME 9, PAGE 150, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS; THENCE N 07059'59" E — 12.60' WITH THE COMMON LINE BETWEEN SAID LOTS 29 AND 30, AS DESCRIBED IN TRACT 1, IN SAID DEED TO NED DAVENPORT RECORDED UNDER T.C.C.D. 2012190501 OF SAID O.P.R.T.C.T. TO THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE COMMON NORTHERLY CORNER OF SAID LOTS 29 AND 30 BEARS N 07059'59" E — 321.75'; THENCE S 68012'35" E — 54.13' THROUGH THE INTERIOR OF SAID LOT 30 TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE EAST LINE OF SAID LOT 30 AND WEST RIGHT OF WAY LINE OF TRAILS END ROAD, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 30 BEARS N 07056'21" E — 334.99'; www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 GAProjects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-068B-TCE.docx THENCE S 07056'21" W - 22.84'9 WITH THE EAST LINE OF SAID LOT 30 AND THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.199 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON SEPTEMBER 18, 2020. 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. RELEASED: OCTOBER 08, 2020 ) F ] S mass -57 co WARREN L. SIMPSON, R.P.L.S. 4122 """""'"' a a" WARREN L. SIMPSON •99a0aaa■■■aaaaaa■ PROJ NO. 3-00619 4 4122 ' .' * � PLAT NO. A3-1894 ��i•�; SSS\13 * FIELD NOTE NO. 068B Q SU���. MAP CHECKED: 10/01 /2020-WCH www.WalkerPartners.com G:\Projects\3-00619\3 Phase 2 Land Rights\ 1 Survey\ 1.5 Final Copies\Field Notes\FN-068B-TCE.docx BCRUA 068 NED DAVENPORT Lo- N 82°2222" W - 52,21' o (N 81 °20'00,, W - 52.60' w LOT 30 cc o z w RESUBDIVISION OF LOTS 13 AND 14 TRAILS END' LAKE TRAVIS SUBDIVISION CD VOLUME 9, PAGE 150 I P.R.T.C.T. '/' = ASPHALT EDGE = TEMPORARY EASEMENT AREA 0.047 ACRE • = 112" IRON ROD FOUND TEMPORARY CONSTRUCTION EASEMENT "A" 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 R.P.R.T.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS P.R. T.C.T. = PLAT RECORDS TRAVIS COUNTY, TEXAS ( ) = PLAT / DEED CALLS EXHIBIT OF TWO TEMPORARY CONSTRUCTION EASEMENTS -OT 29 LOCATED IN THE FRANCIS HARRIS SURVEY, ABSTRACT 364 IN TRAVIS COUNTY, TEXAS, A 0.047 ACRE TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 30, OF THE RESUBDIVISION OF LOTS 13 AND 14 TRAILS END, LAKE TRAVIS SUBDIVISION RECORDED IN VOLUME 9, PAGE 150, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND CONVEYED TO NED DAVENPORT, DESCRIBED IN TRACT 1 IN A DEED RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2012190051 IN THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS AND A 0.199 ACRE TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF THE AFOREMENTIONED LOT 30, AS DESCRIBED IN SAID TRACT 1 AND A PORTION OF TRACT 2 OF SAID DEED TO NED DAVENPORT WOODED UTILITY POLE'.i F T�L WITH ELECTRIC METER NED DAVENPORT, JR. a ! was.... . . . . . ... a ' VOLUME 13379, PAGE 338 W hN b O � Z NED DAVENPORT TRACT 1 T.C.C.D. 2012190501 O.P.R.T.C.T. cn ,M ww �o 0 o 0 o Z z S 68012'35" E /54.13' 41 vU' VSJF`� cv 80 O ago a3 0 � l��3 o a3 5 N CD co LO O M °D w 0 N 0 N co L 0 FIELD NOTE POINT OF BEGINNING GRID COORDINATES N:10144417.10 E:3059850.28 IQ z° Lu Q 9 (2) 2'x2' BRICK COLUMNS AND A T WROUGHT IRON GATE CITY OF CEDAR PARK WATERLINE EASEMENT EXHIBIT "A-2" T.C.C.C.D.2010140707 O.P.R.T.C.T. WARREN L. SIMP"Is O R.P.R.T.C.T. s . s4J 4122 ••oF off•• O FIELD NOTE Ess\ • •�� �� SURv N ;� POINT OF BEGINNING cb v Y GRID COORDINATES z rr J N:10144188.46 E:3059818.39 W w o = WARREN L. SIMPSON, R.P.L.S. 4122 © u, H- Isimpson@walkerpartners.com 7 � ' U � co � � TRAILS END PROPERTY OWNERS O w — SURVEYOR'S NOTES: can ^ I w o ASSOCIATION, INC. O 1 w ¢ N CALLED 1.2615 ACRES RELEASED: OCTOBER 08, 2020 2 �� �'� TRACT ONE Ci �; T.C.C.D.2013217070 SURVEYED: SEPTEMBER 18, 2020 3 w 0.P.R.T.C.T. FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: o N o 0.047 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.199 ACRE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE FRANCIS HARRIS SURVEY, ABSTRACT 364 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.(GRID TO SURFACE SCALE FACTOR = 1.00013) (O.� COPYRIGHT ALI, RIGHTS RF:SERVID O O ' a � i N 82-00,01 „ w 52 7.2, LINE TABLE LINE DIRECTION LENGTH L-1 N 07 ° 59' 59" E 12 60' L-2 S 07° 56' 21" W 22.84' ' 0.199 ACRE NED TEMPORARY CONSTRUCTION DAVENPORT EASEMENT"B" TRACT 2 T.C.C.D. 2012190501 O.P.R.T.C.T. F� i� 50 Dill erPutnersGRAPHIC SCALE IN FEET engineers * surveyors PLA"I' N O. A3-1894 PKOJ. NO. 3-1 a ►619 DRAT "I'I?D U9-U9-ZU''() 804 Las Cimas Pkwy., Suite 150 . Austin, Texas 78746 Phone: 1-512-382-0021 • T.B.P.E. Registration No. 8053 'I'AB 20 1'/N N0U68-TCILB; PG 3-?5 DRAWN BY \Y CI I T.B.P.L.S. Registration No. 10194317 DWG. NA-Nft-,O0619ESNf-l--PARCEL 068-1'(I&ZAP CHK'D 10- 0 E L a Go N N 0 0 rV O N co 0 x w 0 O a z w Q cl 0 J w U Q a LL U f— V) w rn 0 0 r, Q U 0 w D V) Ln H 0 z N w Ln Q a M i m 1-4 l0 O rh V) O