R-2022-100 - 3/24/2022 SamBass42-WM Parcel 3
RESOLUTIONR-2022-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION
CERTAIN PROPERTY AND AUTHORIZING THE CITY'S
ATTORNEY TO FILE PROCEEDINGS N EMINENT DOMAIN
INTERESTSTO ACQUIRE SAID PROPERTY
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
construct certain water main utility improvements along Sam Bass Road, 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 (1) a permanent waterline easement in and across approximately 0.2130 acre
and (2) temporary construction workspace easement in and across 0.1418 acre (Parcel 3 , 3C ) of
land located in Williamson County, Texas and more particularly described by metes and bounds and
on the plat and sketch to accompany parcel description in Exhibit " " attached hereto (the "Property"),
such property being owned by PAUL BULLISA , for the public use o
construction, reconstruction, extending, maintaining, and operating of the Sam Bass Road 42" Water
Main and related facilities, 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 and approving just
compensation and completing acquisition of the Property for this Project.
0112 20222-,4855-2311-2213
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
ec
Stio__-n, 1. The City Council hereby finds and determines that it is necessary for the welfare of
.......... -
the City and its citizens to construct and maintain utility 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 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 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 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 24th day of March, 2022.
CRAIG ORG .N, Mayor
City of ',ound l ock, Texas
ATTEST:
MEAGAN 'KS, Ci Clerk.
EXHIBIT"A"
County: Williamson Page I of 5
Waterline Easement: 3 March 4, 2022
H ighway: C-R, 175 (Sam Bass Road)
Limits: From: F.M. 1431
To: 1,000' East of Wyoming Springs Drive
PROPERTY DESCRIPTION FOR WATERLINE EASEMENT 3
DESCRIPTION OF A 0.2130 ACRE (9,276 SQ. FT.) EASEMENT OF LAND LOCATED IN THE J.H. DILLARD
SURVEY, ABSTRACT 179, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, SPANISH OAK
TERRACE, PHASE TWO, A SUBDIVISION OF RECORD IN CABINET C, SLIDE 48, PLAT RECORDS OF
IL IA COUNTY,TEXAS (P.R.W.C.TX.), DESCRIBED IN A DEED TO JOHN D. COCKLE AND S
M. COCKLE, HUSBAND AND WIFE, RECORDED MAY 26, 2005 IN DOC NO. 2005039355, OFFICAL PUBLIC
RECORDS OF WILON COUNTY, TEXAS (O.P.R.W.C.TX.); SAID 0.2130 ACRE (9,276 SQ. FT.)
EASEMENT, AS SHOWN ON A PLAT PREPARED BY SAM, LLC, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 112-inch iron rod found 423.18 feet right of Sam Bass Waterline Easement Engineers
Centerline Station (E.C.S.) 16+90.21 on the existing north right-of-way line of 1000 Oaks Drive, 50 foot wide right-
of-way, per plat Cabinet B, Slide 312, O.P.R.W.C.TX.,for the southwest corner of said Lot 1;
THENCE N 69015"10"E, with the existing north right-of-way line of said 1000 Oaks Drive, a distance of 414.1 feet
to a 5/8-inch iron rod found at the intersection of the existing north right-of-way line of said 1000 Oaks Drive and
the existing west right-of-way line of Sam Bass Road(C.R.275), a variable width right-of-way,no record information
found,for the southeast corner of said Lot 1;
THENCE N 20029'34" W, departing the existing north right-of-way line of said 1000 Oaks Drive, with the existing
west right-of-way line of said Sam Bass Road, a distance of 70,80 feet to a calculated point (Surface Coordinates:
N=10,170,459.96, E=3,107,411.55) being 10.00 feet right of Sam Bass Waterline Easement E.C.S 17+67,88, for
the southwest corner and POINT OF BEGINNING of the easement described herein;
THENCE departing the existing west right-of-way line of Sam Bass Road, over and across said Lot 1,the following
three(3)courses and distances numbered 1-3:
1) N 41005'14" W, a distance of 82.63 feet to a calculated point being 10.02 feet right of Sam Bass
Waterline Easement E.C.S 16+85.90, said point being the beginning of a curve to the right,
2) With said curve to the right, an arc distance of 155.38 feet,through a delta of 13020'49", having a radius
of 667.00 feet and a chord that bears N 27'01'03" W, a distance of 155.03 feet to a calculated point
being 10.00 feet right of Sam Bass Waterline Easement E.C.S 15+33,43, and
3) N 20042'48" W, a distance of 170.81 feet to a calculated point being 10.00 feet right of Sam Bass
Waterline Easement E,C.S 13+62.62 on the common line of said Lot 1 and of Lot 2, of said Spanish
Oak Terrace Subdivision, described in a deed to Amy Kwalwasser and Chris Kjeldsen, recorded in
Book 2522, Page 494, Official Records of William County, Texas (0,R,W,C.TX.), for the northwest
corner of the easement described herein;
4)THENCE N 69'30'09"E,with the common line of said Lot 2 and said Lot i,a distance of 25.00 feet to a calculated
point being 15.00 feet left of Sam Bass Waterline Easement E.C.S 13+62.72, for the northeast corner of the
easement described herein;
FN 49019 SAM Job No 38216A
EXHIBIT"A"
County: Williamson Page 2 of 5
Waterline Easement: 3 March 4, 2022
Highway: CK 175 (Sam Bass Road)
Limits: From: F.M. 1431
To: 1,000' East of Wyoming Springs Drive
THENCE departing the common line of said Lot 2 and said Lot 1, over and across said Lot 1, the following three
(3)courses and distances numbered 5-7:
5) S 20'42'48" E, a distance of 170.87 feet to a calculated point being 15.00 feet left of Sam Bass
Waterline Easement E.C,S 15+33.49, said point being the beginning of a curve to the left,
6) With said curve to the left, an arc distance of 147.95 feet, through a delta of 13'12'15", having a radius
of 642.00 feet and a chord that bears S 26056'46" E, a distance of 147.63 feet to a calculated point
being 15.00 feet left of Sam Bass Waterline Easement E,C,S 16+84.90, and
7) S 41005'14"E, a distance of 14.47 feet to a calculated point being 15.00 feet left of Sam Bass Waterline
Easement E.C.S. 17+01.35 on the existing west right-of-way line of said Sam Bass Road, for the
southeast corner of the easement described herein;
8)THENCE S 20-29'34"E,with the existing west right-of-way line of said Sam Bass Road, a distance of 71.07 feet
to the POINT OF BEGINNING and containing 0.2130 acre(9,276 sq. ft.)of land, more or less.
This property description is accompanied by a separate plat of even date.
Bearing Basis,
All bearings shown are based on the Texas Coordinate System, Central Zone, NAD 83/2011. All distances shown
are surface and may be converted to grid by dividing by a Surface Adjustment Factor of 1.00012. Units: U.S. Survey
Feet.
"Unable to set at time of survey, 5/8"iron rod with an aluminum cap stamped'Williamson County"may be set upon
completion of the road construction project under the supervision of a registered professional land surveyor.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That 1, Scoff C. Brashear, a Registered Professional Land Surveyor, do hereby certify that the above description is
true and correct to the best of my knowledge and belief and that the property described herein was determined by
a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin,Travis County, Texas, on the date shown below.
s. OF _z,- 0310f12022
SURVEYING AND MAPPING, LLC
4801 Southwest Pkwy Scott C. Brashear Date
Building Two, Suite 100Registered Professional Land Surveyor
SCOTT C. BRASNEAR
Austin, Texas 78735 ......0-0.
No. 6660-State of Texas
T . Firm No. 10064300 6660
FN
49019 SAM Job No. 38216A
EXHIBIT "A"
TUR- C.R. 175 [SAM BASS D1
C - -a (VARIABLE WIDTH R.O.Wv
TEMPORARY .W -e ' (NO RECORD INFORMATION FOUND)
CONSTRUCTION EASEMENT SEE
(0. 1418 AC. )� 3 9 p.DETA.1t. "A °�•^"
EXISTING _R0 ' 00'L L7 L1
4 _
e e�.®b�m®o® ®m. _m® . Cie®.®m®ate ®°®e®m®®a �� �� _
��
SAM ASS WATERLINE EASEMENT ®"` o B. -`
®_®__®____®____a _a__ _- C1 C HRv- a
ENGINEER'S CENTERLINE L3 °< 43 6 E 04
0 00 Z 9 Ml
(0- 2130 AC. ) , 0 ;95
46
_ 00
9
A -
XHIBIT "A"
SCHEDULE :
THIS SURVEY HEREON WAS PREPARED IN CONJUCTION WITH THAT COMMITMENT FOR TITLE
INSURANCE GF NO. 7-155563® ISSUED BY TITLE RESOURCES GUARANTY COMPANY,
EFFECTIVE DATE NOVEMBER 12, 2021, AND ISSUED DATE DECEMBER 1, 2021.
1, RESTRICTIVE COVENANTS: CABINET C, SLIDE 48, PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOCLAAENT NO. 194838619, DOCUMENT N0, 2004067053, DOCUMENT NO.
2017024584, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. SUBJECT TO.
10.1. RIGHTS OF PARTIES IN POSSESSION (OWNERS POLICY ONLY)
2. A FUTURE ROAD WIDENING EASEMENT, 10 FT. IN WIDTH ALONG THE
STREETSIDE PROPERTY LINE®AS SHOWN ON THE PLAT OF RECORD IN CABINET C,
SLIDE 48 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. AFFECTS AS SN
3. A 10 FOOT PUBLIC UTILITIES EASEMENT RESERVED ALONG ALL BOUNDARY
LINES. AS STATED ON THE PLAT OF RECORD IN CABINET C® SLIDE 48 OF THE
PLAT RECORDS OF WILLIA ON COUNTY, TEXAS. AFFECTS AS SHOWN.
4, AN ELECTRIC AND/OR TELEPHONE TRANSMISSION OR DISTRIBUTION LINE OR
SYSTEM EASEMENT GRANTED TO PEDERNALES ELECTRIC COOPERATIVE, INC. AS
DESCRIBED IN VOLUME 601, PAGE 107, DEED RECORDS, WILLIAMSON COUNTY,
TEXAS. BLANKET EASEMENT.
5. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL LIGNITE,
OIL, GAS AND OTHER MINERALS, TOGETHER WITH ALL RIGHTS, PRIVILEGES® AND
IMMUNITIES RELATING THERETO. APPEARING IN THE PUBLIC RECORDS WHETHER
LISTED IN SCHEDULE E OR NOT. THERE MAY BE LEASES, GRANTS, EXCEPTIONS OR
RESERVATIONS OF MINERAL INTEREST THAT ARE NOT LISTED.
6. TERMS CONDITIONS, AND STIPULATIONS IN THE INTERLOCAL AGREEMENT AS
EVIDENCE IN AMENDMENT: RECORDED Ito DOCUMENT NO. 2006447401, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
7. ANY AND ALL PORTION OF THE SUBJECT PROPERTY LYING WITHIN THE
BOUNDARIES OF A PUBLIC OR PRIVATE ROADWAY.
8, ANY VISIBLE AND APPARENT EASEMENT, EITHER PUBLIC OR PRIVATE, LOCATED
ON OR ACROSS THE LAND THE EXISTENCE OF WHICH IS NOT DISCLOSED BY THE
PUBLIC RECORDS AS HEREIN DEFINED.
Sa ANY ENCROACHMENT ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE
CIRCUMSTANCE AFFECTING THE TITLE, INCLUDING BUT NOT LIITED TO FENCES
% FOLLOWING THE PROPERTY BOUNDARIES THAT WOULD BE DISCLOSED BY AN
ACCURATE AND COMPLETE LAND SURVEY OF THE SUBJECT PROPERTY.
(OWNER'S POLICY ONLY)
FILEN\sinc\AUS\PROJECTS\101703821GA\100\Survey\03Exhib°t&\WL-3\WL-3.dgn
EXISTING 4® _ ._ A' ! ACQUIRE 0 . 000 A( AIiJI' � AC- RiGHT
4808 Southwest Park Est, e _`
id T to 100 v OW € }v V
8o1, Texas 78735 JOHN D COCKLE
(5 B ) 447-0575 — _ MCOM
*3A I F= (512) 326-3029 '{' E A fE N T
EXHIBIT "A"
TEMPORARY C.R. 175
CONSTRUCTION EASEMENT (SAM BASS RD)
{Oq 1418 AC.
LEGNC.R. 175 -------------- -------
ED
(SAM BASS RD)
5/6' IRON ROD SET WITH ALUMINUM CAP 3 (0. 2130 AC. ) 0:
0 --a �35 % JOHN D. COCKLE 0
STAMPED 'WILLIAMSON COUNTY' EXISTING 15°01-l'L & SEANTEL M. COCKLE, 0
0 1/2" IRON ROD FOUND UNLESS NOTED ROW L7 HUSBAND AND WIFE
0 FENCE POSY ITYPE NOTED) RECORDED MAY 2B DO 0
ZI CALCULATED POINTDOC. NO, 2005039355 0
C
L OP
p
0.P.R.w.C. TX.
PRERTY LINE 16-84.90 0
LOT I
RECORD INFORMATION SPANISH OAK TERRACE
P.O.D. POINT OF BEGINNING PHASE TWO
P.0.C. POINT OFCOMMENCING CABINET C, SLIDE 48
P.0.R. POINT OF REFERENCE LOT I P.R.W.C.TX.
N.T.S. NOT TO SCALE
D.R.W.C.TX. DEED RECORDS OF ----------
WILLIAMSON COUNTY, TEXAS PARENT TRACT
DETAIL "A' NOT TO SCALE
O.R.W.C.TX. OFFICIAL RECORDS OF NOT TO SCALE
WILLIAMSON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS OF
0.P.R.w.C.Tx. WILLIAMSON COUNTY, TEXAS
DISTANCE NOT TO SCALE
fLX?:==— DEED LINE CC OWNERSHIP)
NOTES,
I,ALL BEARINGS SHOWN ARE BASED ON NAD83/2011/NAVD88 TEXAS COORDINATE
SYSTEM, CENTRAL E. ALL DISTANCES SHOWN ARE
SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A SURFACE
ADJUSTMENT FACTOR OF 1®00012. ALL COORDINATES SHOWN ARE IN SURFACE
AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE SAME FACTOR.
PROJECT UNITS ARE IN U.S. SURVEY FEET.
2.THIS SURVEY WAS COMPLETED WITH THE BENEFIT OF TITLE REPORT PROVIDED
BY TITLE RESOURCES GUARANTY COMPANY GF 140� T-156563, EFFECTIVE TIVE DATE
NOVEMBER 12, 2021 AND ISSUED DATE bECEMBER 1, 2021. THERE MAY BE
EASEMENTS OR OTHEh MATTERS, RECORDED OR UNRECORDED, THAT ARE NOT SHOWN..
3.SAM BASS ROAD ENGINEER'S CENTERLINE ALIGNMENT DERIVED
FROM KFRIESE. SCHEMATIC RECEIVED BY SAM, LLC. IN APRIL, 2019.
.Ifj%
4.THI5 PLAT IS ACCOMPANIED BY A PROPERTY DESCRIPTION OF EVEN DATE.
.......... ........
• AREA CALCULATED BY SAM,LLC, SCOTT C. BRASHEAR
.........................
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY % 6660
DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO e
THE BEST OF MY KNOWLEDGE AND BELIEF.
suft'A PAGE
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EXHIBIT
HII "A"
F�l. _ C. 175 ( Ai� 455 R ) _
s: . ue_ TEMPORARY r A r_' tp>
(VARIABLE WIDTH R.O.W) CONSTRUCTION EASEMENT POAD W] ' J `=
(NO RECORD INFORMATION FOUND) (0.2527 AC. ) E_
�.>=eluate ..a,
a t EXISTING ROW
-
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_ZSAM BASS WATERLINE EASEMENT 520 42'4 '° 473® 43'
ENGINEER'S CENTERLINE 00 -3.00E 5.00.-T
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N20'42'48"W 473. 47'
N , (0. 2717 AC. )
c � F q-
6L6 .
1)6
SU AMY KWdALWASSER
0 •_ CHRIS KJ LDSEN
PC = RECORDED MAY 5® 1994
BOOK 2522, PG. 494
O. .w.C. Tx® LOT
�O4 2
Iry
SPANISH� OAK TERRACE
PHASE TWO
CABINET C, SLIDE 48
P. R.w.C. Tx®
LINE TABLE
_LINE NO. BEARING DISTANCE
L2 ___N69' 6' 1 2°'E 25.00'
1 L3 _ I S69*3D`()9°-W 25.00
401 (N72°16'E) (414.4l')
L4 N9* 6` 1 2°°E 24. 16'
L5 I N69* 30'0 °° 22m 34�
50 0 5 50 FILE.\\ int\AUS\PROJECTS\101703821 A\100\Survey\03EXh'Dit$\WL 2\WL-2. n ----
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JA
4BO F S •1 : ° Parkway �SIMENT ��� -
GRAPHIC SCALE 1dnq T . Sate 14 0
t , Tex 78739 A M r K°
SCALE® 1 ®' = (5 1 2) 44760575 VIC
WILLIAMSON COUNTY, TEXAS SA F - (512) 326-3029 11.. TES _ F E Aar
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EX IEIT "A"
off
0 EASEMENTFOR FUTU<a C. Ra 175 (SADA BASS RD)
aC (VARIABLE WIDTH R.O.W)
TEMPORARY P.o-W.C.U. `NO RECORD INFORMATION FOUND)
CONSTRUCTION EASEMENT SEE
EXISTING ROW (0a 1418 AC. ), --«1e.49 -DETAIL 'A"
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7. -
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C1 N iC t =Cq4 9 - c a s Y
ENGINEER'S CENTERLINE ®L3� 4; s;s .q _ 04 4 Sla 6 a
.9
3 (0. 2130 AC. ) D 08 95
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AMY KWAIWASSEP 5 85 90
& CHRI- Ki �_=.N
=K _ =C. 44
O. ,°N,9C.Tx.
JOHN D® COCKLE
A & SEA TEL M. COCKLE,
=_.Ra�1P�HIASEKTERRACE _ HUSBAND AND WIFE
CABINET C. SLIDE 48 RECORDED MAY, 26 2005
Re R.W,C.TX. DOC® NO. 2005039355
O®Pa R.W®C® TX®
000 OAKS DR
LOT 1 `® (50' R.O.W. PER PLAT
LINE TABLE
SPANISH OAK TERRACE � CABINET B4SLIDE 321
PHASE TWO Pa R®Wm C. TX. )
LINE NO, BEARING DI_STANCE-, CABINET Cg SLIDE 43 ,�,
L 1 N20*29"34"W 70. 80' P.R.W® C s TX.
(L — (Si7®A6`E) (473.24°) _
L2 N41'05-'_14°°W 82. 3' > i its
L N20'-02'46°°W 170. 81 ' )
L4 _ N6 ' 0'0 `"E 25.00'
Lo
L5 520*42'49`°E 170® 97'
L -- 541*05__1.4°"E 14®47'
L7 S20*2 _'34"° T1. 07'
nL - 69*30'09"°E- 22. 34Pro.0
CURVE TABLE
O® DELTA RADIUS LENGTH CHOP ICHORD BEARING
Cl 1 3*20'49 RT 667.00' _ 155. 38' 155.03' 1 N27*01 '03"W
C2 13*_12' 15"°LTL 642.00' 147.95' -147.63' 526*56'46°°
D N NO A90
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4801 Southwest Parkway
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GRAPHIC SCALE Bulding TWO, steF v
SCALE: I " 1 00' SA tai, Tex 78735 - &
I LL I AMSGN COUNTY, TEXAS F �542)375 3029 n e _-
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