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R-2022-279 - 8/25/2022 Chisholm Trail RT Turn Lane—Parcel 2 RESOLUTION NO. R-2022-279 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 construct certain roadway and utility improvements along Chisholm Trail 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 of fee simple title to approximately 0.090 acre (Parcel 2) 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"A" attached hereto (the "Property"), such property being owned by RRHI, INC and EDMOND INVESTMENT GROUP, INC., for the public use of construction, reconstruction, extending, maintaining, and operating of the Chisholm Trail roadway 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 and approving just compensation and completing acquisition of the Property for this Project. 0127 20219-02 4865-4848-4909 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 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 25th day of August, 2022. CRAIG MORG , Mayor City of Round ock, Texas ATTEST: /^ c cct MEAGAN S' 1 KS, City Clerk 3 County: Williamson Page 1 of 3 Parcel: Parcel 2-Edmond Investment Group, Inc. 09-22-2'i Highway: Chisholm Trail Rd EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.090 ACRE (3,926 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK "A", HOPPE CENTRE, A SUBDIVISION OF RECORD IN CABINET BB SLIDES 190- 191 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CITED IN GENERAL WARRANTY DEED TO EDMOND INVESTMENT GROUP, INC. IN DOCUMENT NO. 2011042706 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.090 ACRE (3,926 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with an aluminum cap stamped "ROW 4933" set in the proposed westerly Right-of-Way (ROW) line of Chisholm Trail Road (variable width ROW), (Grid Coordinates determined as N=10,168,599.70 E=3,127,014.87), being in the northwesterly cutback line of the intersection of the existing westerly ROW line of Chisholm Trail Road (90 foot side ROW width) and the northerly ROW line of West Old Settlers Boulevard (120 foot wide ROW width), same being the easterly boundary line of said Lot 2, for the southwesterly corner and POINT OF BEGINNING of the herein described parcel, and from which, an 'X" mark cut on concrete sidewalk found, being the southeasterly corner of said Lot 2 bears S 40°02'50" W, at a distance of 29.58 feet; THENCE, departing said ROW cutback line, with said proposed westerly ROW line of Chisholm Trail Road, through the interior of said Lot 2, the following two (2) courses: 1) N 00°41'52" W, for a distance of 246.52 feet to an aluminum cap stamped "ROW 4933" set, for the northwesterly corner of the herein described parcel; 2) N 12°47'52" E, for a distance of 62.21 feet to an aluminum cap stamped "ROW 4933" set in said existing westerly ROW line of Chisholm Trail Road, same being said easterly boundary line of Lot 2, for the northeasterly corner of the herein described parcel, and from which, an iron rod with plastic cap stamped "Baker-Aicklen" found, being an angle point in the easterly boundary line of Lot 1, Replat of Calcasieu Lumber Addition, a subdivision of record in Cabinet P, Slides 16-17 of the Plat Records of Williamson County, Texas, same being the northeasterly corner of said Lot 2 bears N 00°44'23" W, at a distance of 651.31 feet; 3) THENCE, with said existing westerly ROW line of Chisholm Trail Road and said easterly boundary line of Lot 2, S 00°44'23" E, for a distance of 289.91 feet to a calculated point being the beginning of said ROW cutback line, for the southeasterly corner of the herein described parcel; County: Williamson Page 2 of 3 Parcel: Parcel 2-Edmond Investment Group, Inc 09-22-21 Highway: Chisholm Trail Rd 4) THENCE, with said ROW cutback line and said easterly boundary line of Lot 2, S 40°02'50" W, for a distance of 22.57 feet to the POINT OF BEGINNING, containing 0.090 acres (3,926 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 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 direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. / �. /N <v M. Stephen Truesdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor OF Inland Geodetics, LLC 'knee.. ...o 'os ,9•.l .Y Firm Registration No: 100591-00 0 rP' ' s('o!;<t� 1504 Chisholm Trail Road, Suite 103 M. iSTEPETRUES0AL.E Y Round Rock, TX 78681 ' M . iM!. ` « S:LAMERICAN STRUCTUREPOlNT13406 AT CHISHOLM TRLIPARCELSICVS.doc �yy±5. ..� + 4 y S � - A PLAT TO ACCOMPANY DESCRI ON NUMBER DELTA RADIUS LENGTH CHORD ' CHORD BEARING II ii CI 03°3436" 1333.24' 83.22' 83.21' S79°05'OO"W ' T i (CI) (03°351OI") (1333.24') (83.38') (83.37') (S79°12'I3"W) 1 1 i REPEAT OF ---. LOT 1 CALCASIEU LUMBER ADDITION CAB. P. SLD. 16-17 i - CV ,, d LEGEND P.R.W.C.T- ..------ J i j QQ IRON ROD WITH PLASTIC CAP -------- i ti I STAMPED "BAKER-AICKLEN" END - ..to$ N. Q IRON ROD WITH ALUMINUM CAP i HOPPE CENTRE v'STAMPED "ROW 4933" SET CAB. BB, SLD. 190-191 nr I td E • 1/2" IRON ROD FOUND P.R.W.C.T. 1 z 1 X X CUT ON SIDEWALK FOUND Li 6 c7 6. CALCULATED POINT SUR\15,'"( f c EIP_ PROPERTY LINE O 1P.O,B BEGINNINGDOGI NO• " aBscRAI 1 ( ) RECORD INFORMATION w '< o 1Ld p P.R.W.C.T. PLAT RECORDS <_ WILLIAMSON COUNTY, TEXAS CI) o - I cr. O,P.R.W.C.T. OFFICIAL PUBLIC RECORDS 0.090 AC. ° ! '' JO WILLIAMSON COUNTY, TEXAS 3,926 SQ. FT. s J Lt)Lt) 3 LINE BREAK I `1 ' . ce N -�_J I— \ EDMOND INVESTMENT In(QM p GROUP, INC. cr 1 71.1-0 J NO. DIRECTION DISTANCE1 DOC. NO. 2011042706 "' c"°11 Q LI S40°02`50"W 29.58' \ r'') O.P.R.W.C.T. 5 Q'U° =CO L2 NO0°44'23"W 651.31' \ \ n _" L3 S40°02'50"W 22.57' \ q 1 0 (L4) (S40°10`53"W) (51.90') \ , LOT 2 0 BLOCK "A" j \ LOT I \ A 10' P.U.E. �._+ BLOCK "A" PER PLAT I I) ALL BEARINGS SHOWN HEREON ARE BASED \ j ON GRID BEARING. ALL DISTANCES ARE SURFACE 10' GAS EASEMENT ' DISTANCES. COORDINATES ARE GRID VALUES BASED ,VOL. 754. PG. 1375 ON THE TEXAS STATE PLANE COORDINATE SYSTEM, D.R.W.C.T. !, CENTRAL ZONE NO. 4203, NAD 83. 25' WATER & 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT WASTEWATER I EASEMENT 15' SIDEWALK �!h 1' I kl P.O. t OF A TITLE ABSTRACT. THERE MAY BE OTHER PER PLAT EASEMENT X, INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT PER PLAT _/4. GRID COORDINATES: NOT DEPICTED HEREON. 1 ..\(. J i ,,, N"IO,168,599.70 Dc E=3,127,014.87 � — ._r — — __ `✓ �i I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND - - - J CORRECT AND THAT THE PROPERTY SHOWN HEREON --- t1 - -, , 1Ir WAS DETERMINED BY A SURVEY MADE ON THE - GROUND UND MY DIRECT SUPERVISION, - fj {C1� (,,, /// /. ./7,4g, . ,g 4., ,,,,,,Ld .0..e ,-,\ M. S PHEN T UESDAL DATE / *\ LCRS BLEVARD REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ' �-----0---------- L4 S WIDTH) LICENSED STATE LAND SURVEYOR \ ��20 Q W ;'� '� M.STEPHEN Till IE50lh�.(r INLAND GEODETICS, LLC ° 49.33 �" FIRM REGISTRATION NO. 100591-00 \-7 %0 t9tia'. 11504 CHISHOLM TRAIL ROAD, SUITE 103 i '. E$:,la,�''•o ROUND ROCK, TEXAS 78681 ° "",••'•4i ' ESUS'•,., 09/22/2021 z N L A N L7 PARCEL PLAT S i fNG PROPERTY OF cEooT-Ics EDMOND INVESTMENT GROUP, INC. PARCEL 2 rA°otssrot+.u.�Ar.o suaysvoas 1104 CHISHOLM TRAIL RD.RTE.107 ROUND ROCK,77L 78681 SCALE PROJECT m.151E):36•E200.FAr0131733-1251 WILLIAMSON COUNTY ruwurrsrRA7aHHo.loos0s-c6 1" = 50' CHISHOLM TRAIL PAGE 3 OF 3