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R-2022-396 - 12/1/2022 Chisholm Trail RT Turn Lane—Parcel 1 RESOLUTION NO. R-2022-396 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. (1) fee simple title to approximately 0.0321 acre (Parcel 1) 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; and (2) temporary construction easement interest in and across approximately 0.0333 acre (Parcel 1TCE) of land located in Williamson County, Texas, and more particularly described on the plat and sketch to accompany parcel description in Exhibit "A" attached hereto (collectively the "Property"), such Property being owned by REGIONS BANK f/k/a HUTTO STATE BANK, for the public use of construction, reconstruction, extending, maintaining, and operating of the Chisholm Trail roadway improvements and related facilities, and driveway 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 0112.20222;4886-8391-5839 WHEREAS, it is 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: 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 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. 2 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 551, Texas Government Code, as amended. RESOLVED this 1 st day of December, 2022. CRAIG MO GAN, ayor City of Round Rock,rrexas ATTEST: MEAGAN SP S, Ci Clerk 3 County: Williamson Page 1 of 3 Parcel: Parcel 1-Hutto State Bank 02-28-22 Highway: Chisholm Trail Rd A EXHIBIT ` PROPERTY DESCRIPTION DESCRIPTION OF A 0.0321 ACRE (1,397 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A", HOPPE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET J, SLIDE 167 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CITED IN WARRANTY DEED TO HUTTO STATE BANK IN VOLUME 2396, PAGE 198 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.0321 ACRE (1,397 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with aluminum cap stamped "ROW 4933" set in the proposed easterly Right-of-Way (ROW) line of Chisholm Trail Road (variable width ROW), (Grid Coordinates determined as N=10,168,297.09 E=3,127,127.44), being in the northerly boundary line of Lot 1, Block "A", Final Plat Subdivision of the Cracker Barrel Property, a subdivision of record in Cabinet K, Slide 228 of the Plat Records of Williamson County, Texas, same being the southerly boundary line of said Lot 1, Hoppe Subdivision, for the southeasterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, with said proposed easterly ROW line, same being the common boundary line of said Lot 1, Hoppe Subdivision and said Lot 1, Cracker Barrel Subdivision, S 70027'10" W for a distance of 11.45 feet to a 5/8" iron rod found, in the existing easterly ROW line of Chisholm Trail Road (variable width ROW), being the northwesterly corner of said Lot 1, Cracker Barrel Subdivision, same being the southwesterly corner of said Lot 1, Hoppe Subdivision, for the southwesterly corner of the herein described parcel; 2) THENCE, with said existing easterly ROW line of Chisholm Trail Road, same being the westerly boundary line of said Lot 1, Hoppe Subdivision, N 00°30'58" E for a distance of 177.90 feet to a 1/2" iron rod found at the beginning of a non-tangent curve to the right, being in the existing southerly ROW line of West Old Settlers Boulevard (120 foot ROW width), same being the northwesterly corner of said Lot 1, Hoppe Subdivision, for the northwesterly corner of the herein described parcel; 3) THENCE, departing said existing easterly ROW line of Chisholm Trail Road, with said southerly ROW line of West Old Settlers Blvd., same being the northerly boundary line of said Lot 1, Hoppe Subdivision, along said curve to the right, having a delta angle of 00°28'00", a radius of 1,213.24 feet, an arc length of 9.88 feet and a chord which bears N 86'11'21" E for a distance of 9.88 feet to an iron rod with aluminum cap stamped "ROW 4933" set in said proposed easterly ROW line of Chisholm Trail Road, for the northeasterly corner of the herein described parcel; THENCE, departing said southerly ROW line of West Old Settlers Blvd., with said proposed easterly ROW line of Chisholm Trail Road, through the interior of said Lot 1, Hoppe Subdivision, the following five (5) courses: 4) S 00°00'23" W, for a distance of 11.56 feet to an iron rod with aluminum cap stamped "ROW 4933" set; County: Williamson Page 2 of 3 Parcel: Parcel 1-Hutto State Bank 02-28-22 Highway: Chisholm Trail Rd 5) N 89°59'38" W, for a distance of 4.96 feet to an iron rod with aluminum cap stamped "ROW 4933" set; 6) S 00°31'32" W, for a distance of 79.96 feet to an iron rod with aluminum cap stamped "ROW 4933" set; 7) N 88°47'39" E, for a distance of 5.08 feet to an iron rod with aluminum cap stamped "ROW 4933" set; 8) S 00°02'30" W, for a distance of 83.31 feet to the POINT OF BEGINNING. containing 0.0321 acres (1,397 square feet) of land, more or less. NOTE: There is also a variable width Temporary Construction Easement adjoining and easterly of calls 4 through 7, and in part call 8 as depicted and dimensioned on the accompanying Parcel Plat. 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. M. Stephen ruesdale Date Registered Professional Land Surveyor No. 4933 . .,••jl Licensed State Land Surveyor ��•�,......'�•C�. Inland Geodetics, LLCM F•'•'i' Firm Registration No: 100591-00 C. ................. Q � �•�•"' 1504 Chisholm Trail Road, Suite 103 M. t+ tiE50At£ Round Rock, TX 78681 y` S:\AMERICAN STRUCTUREPOINT\3406 AT CHISHOLM TRL\PARCELS\HOPPE.doc V_ ••s 11R` EXHIBIT _A__ PLAT TO ACCOMPANY DESCRIPTION NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING CI 00028'00" 1.213.24' 9.88, 9.88, N86011'21"E (C2) (18°3B'58") (1,213.20 (394.90') (393.16') (S83026'57"E) C3 01011'31" 1,213.24' 25,24' 25.24' N87001'06"E C4_1 180°00'00" 7.00' 1 21.99' 14.00' NOO°00'00"W LEGEND UA\IID CURR 0 IRON ROD WITH ALUMINUM CAP 5 V R�C l N�, STAMPED "ROW 4933" SET 1 1/2" IRON ROD FOUND WEST OLD ,SETTLER 3 F PROPERTY LINE (120 R.O.W. WIDTH) EVARD P.O.B. POINT OF BEGINNING -- =-_--_ _ ( ) RECORD INFORMATION - - - __- P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS �C� EXISTING ROW LINE O.R.W.C.T. OFFICIAL RECORDS ca _---- — --_= WILLIAMSON COUNTY, TEXAS =- L2 � 5'P.U.E.PER PLAT NO. DIRECTION DISTANCE L3 LI S70027'10"W 11.45' PER PLAT I / LOT I L2 S00°00'23"W 11.56' 0 m 0.0321 AC. BLOCK "A" L3 N89059'38'W 4. ' Q 1,397 SQ. FT. 96 �w ( �9 L4 S00031'32"W 79.96' � _ - v L5 N88047 39"E 5.08' J > I _ - J( " HUTTO STATE BANK L6 S00002'30"W 83.31' Q 70 r VOL. 2396, PG. 198 L7 S43028'43"W 40.45' �= 0 O.R.W.C.T. L8 S00°00'22"W 17.31' r �� L5 TEMPORARY L9 N89035'20"E 9.50' w CONSTRU N ON HOPPE SUBDIVISION LIO S89041'03"W 9.50' I L12— 0.0333 AC. CAB. J, SL. 167 LII SOO°00'22"W 31.13' p r`-U) ' 1 1,450 SO. FT. P.R.W.C.T. L12 N88047'39"E 1B.97' _ o o L13 S00010'55"E 39.15' U z o Iz IJ PER PLAT L14 N89059'58"W 17.10' z �J L15 S00002'30"W 45.52' w 10 V 1) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID h� Iw ua BEARING. ALL DISTANCES ARE SURFACE DISTANCES. 0 la Q\9�I COORDINATES ARE GRID VALUES BASED ON THE TEXAS a „N/ STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE NO. i0 D l�g3j 4203, NAD 83. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A FINAL PLAT TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF LJ SUBDIVISION OF THE CRACKER RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. J ?',�� BARREL PROPERTY C CAB. K, SL. 228 `� P•O•B• P.R.W.C.T. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED I GRID COORDINATES: BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT N=10,168,297.09 LOT I SUPERVISIO Map E=3.127.127.44 BLOCK "A" OF M. ST PHEN TRUESDALE DATE F��• 0 P REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 •M•SrEP11EP11fIl1ESIDA(E r LICENSED STATE LAND SURVEYOR ='e"""•.'.•...v.».. INLAND GEODETICS, LLC yttgo 4933 FIRM REGISTRATION NO. 100591-00 8s�O,r�� 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 `S 02/28/2022 PARCEL PLAT SHOWING P PERTY OF I N L A N O u C;FODETICS " HUTTO STATE BANK PARCEL 1 PROFESSIONAL UND SURVEYORS I SO4 CHISHOLM TRAIL RD.STE,103 ROUND ROCK,TX.78681 SCALE PROJECT Ell.(512)238-1200,FAX(512)238A2S1 WILLIAMSON COUNTY Z IR FIRM REGISTRATION NO,100591-00 1„ = 40' CHISHOLM TRAIL PAGE 3 �F J REGIONS BANK ACQUISITION VALUATION AND HIGHEST AND BEST USE OF THE ACQUISITION t NEW, _ 7 Acquisition area r Chisholm Trail Rd. 004 FEE ACQUISITION �vurce: City of Round Rock Whole property = 0.950 ac (39,422 SF) Fee acquisition= 0.0321 ac (1,397 SF) Temp Easement = 0.0333 ac (1,450 SF) Hornsby and Company 45 US PHARMACY ,opt ,- V, PROP. RON ,1 f: EXIST. RON .� 611 CHISHOLM r 50T•00 50l+00 l IOiWO n 510M0 611 MO � 5t2.O0 613�00 I iris I .R 1� 1 T.C.E. REGIONS BANK � IS CI TY OF ROUND ROCK i LEGEND: EXHIBIT 1D Jill r J PROPERTYLINES PROPOSED IMPROVEMENTS + PROPOSED ROAD ® �z ROW OVERVIEW ' . PROPOSED SIDEWALK -vaaccr •■ LOC'� PROPOSED DRIVEWAY �'"'•' SCALE IN FEET 0gN1tH CAN PROPOSED RAMP (——- - ° 25 '°° ■ STRUCTUREPOINT PROPOSED CURB&GUTTER a INI: WILLIAMSON COUNTY,TEXAS s ■ PLAT TO ACCOMPANY DESCRIPTION NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING CI 0002B'OO" 1.213.24' 9.88, 9.68, N860II'21"E (C2) (18038'58 ) (1,213.20 (394.90') (393.10 (S83026'57"E) C3 01011'31" 1,213.24' 25.24' 25.24' N67001'06"E C4 I80000'00" 7.00' 21.99' 14.00' N00000'00"URRY SUR�10\� LEGEN O IRON ROD WITH ALUMINUM CAP A,5 (RrNcl ]yU 1 STAMPED 'ROW 4933" SET 1/2" IRON ROD FOUND WEST OLD ,SETTLER BOULEVARD F PROPERTY LINE (120 R.O.W• WIDTH) P.O.B. POINT OF BEGINNING ( ) RECORD INFORMATION P.R.W.C.T. PLAT RECORDS ' WILLIAMSON COUNTY, TEXAS EXISTING ROW LINE O.R.W.C.T. OFFICIAL RECORDS _ C3 WILLIAMSON COUNTY, TEXAS - r i v 5'P.U.E.PER PLAT NO. DIRECTION DISTANCE L3 LI S70027'10"W 11.45' PER PLAT I 1 L2 S00°00'23"W 11.56' 0 m LOT I Q^ ii 0.0321 AC. BLOCK "A" L3 N89059'38"W 4.96' O coL9 1,397 SO. FT Lli L4 S00031'32"W 79.96' - — L5 N88047'39"E 5.08' J 0 STATE BANK L6 S00002'30"W 83.31' Q LL VOL. 2396, PG. 198 L7 S43028'43"W 40.45' "10) C.T. L8 SO0000'22"W 17.31' ry r_ i� L5 TEMPORARY L9 NB9035'20"E 9.50' t ONSTRUCTION HOPPE SUBDIVISION LIO S89041'03"W 9.50' O , 1= II? EASEMENT CAB. J, SL. 167 CO 0.0333 AC. LII S00°00'22"W 31.13' O �`o I �) 1 1,450 S0. FT. P.R.W.C.T. L12 N68047'39"E 18.97' _cl� ro L13 S00°10'55"E 39.15' U1� b o 1W 1" 15'PAJF. z o z Pert PLa1 L14 N89°59'58 �"W 17.10' z :i (D 1-15 S00002'30"W 45.52' w �o J �, z ,.�� I) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID hJ to ua w ; BEARING. ALL DISTANCES ARE SURFACE DISTANCES. o o COORDINATES ARE GRID VALUES BASED ON THE TEXAS a 10- J w STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE NO. � -i SZ'°A3 4203, NAD 83. F, Ia- FINAL PLAT 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A � ���i SUBDIVISION OF THE CRACKER TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. �' �� _� BARREL PROPERTY pp CAB. K, SL. 228 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT I GRID COORDINATES: AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT N=10,168.297.09 LOT I .r �.. E=3.127.127. 11 11 SUPERVISIO 44 BLOCK A 3�`'� �=-J' f of j QVIT <%i M. ST PHEN TRUESDALE DATE ,� � _ REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ...«......... M.STEPFIf:PI 1TilJE80ALE. LICENSED STATE LAND SURVEYOR ...........................».. INLAND GEODETICS, LLC (t.o FIRM REGISTRATION NO. 100591-00 yj'��FgH��;�,,� 1504 CHISHOLM TRAIL ROAD, SUITE 103 Q •SU�J� 02 28 2022 ROUND ROCK, TEXAS 78681 I N L A N D u PARCEL PLAT SHOWING P PERTY OF <.FODul-Ic5 , HUTTO STATE BANK PARCEL 1 PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLFI TRAIT.RO.STF.103 ROUNO ROCK,TX.79GR 1 SCALE PROJECT PH.(S1])239-1200,FAX(511)23a-1251 WILLIAMSON COUNTY FlRM REGISTRATION NO.10059I-00 1" = 40 CHISHOLM TRAIL PAGE 3 OF 3 STR