R-2022-397 - 12/1/2022 Red Bud North-Top(Exxon)
RESOLUTION NO. R-2022-397.
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 Red Bud North, 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 0.065 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 TOP FAMILY, LLC for the public use of construction, reconstruction, extending,
maintaining, and operating of the Red Bud North 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.
0112,20222,4871-8003-0783
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.
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 1 st day of December, 2022.
CRAIG MORGA , Mayor
City of Round Rock, Texa
ATTEST:
C�
MEAGAN S S, Ci Clerk
3
County: Williamson 06-13-22
Parcel: 2 Page 1 of 4
Project: CR 122 (Redbud Lane)
EXHIBIT A
PROPERTY DESCRIPTION FOR PARCEL 2
DESCRIPTION OF A 0.065 ACRE (2,846 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE
WILLIS DONAHO SURVEY, ABSTRACT NO. 173 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 1, (0.992 ACRES), OF WHITNEY TRACT PHASE 1, FINAL PLAT, A SUBDIVISION
OF RECORD IN DOCUMENT NO, 2012040973 OF THE OFFICIAL PUBLIC RECORDS OF
WILLAMSON COUNTY, TEXAS, AND BEING DESCRIBED IN A SPECIAL WARRANTY DEED WITH
VENDOR'S LIEN TO TOP FAMILY, INC., RECORDED IN DOCUMENT NO. 2012015076 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.065 ACRE (2,846 SQUARE
FOOT) PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS'
BEGINNING at an X cut in concrete set, having grid coordinates of N=10,173,066.14 E=3,152,150,21, in
the proposed northerly right-of-way (ROW) line of County Road (C.R.) 113 (Old Settlers Blvd.) (variable
width ROW), same being in the easterly boundary line of that called 2.97 acre tract of land described in a
Special Warranty Deed to City of Round Rock recorded in Document No. 2019119502 of the Official
Public Records of Williamson County, Texas, same being in the westerly boundary line of said Lot 1, for
an angle point and POINT OF BEGINNING of the herein described parcel and from which a capped iron
rod with plastic cap stamped "Austin Surveyors" found, being the common corner of said 2.97 acre tract
and said Lot 1, also being the southerly boundary line of Lot 13 of the Final Plat of Settlers Crossing,
Section 3, a subdivision of record in Cabinet AA, Slides 375-376 of the Plat Records of Williamson
County, Texas bears N 02°40'50"W, at a distance of 265.14 feet;
THENCE, departing said 2.97 acre tract, with said proposed ROW line, through the interior of said Lot 1,
the following 2 (two) courses.
1) N 77°41'59" E, for a distance of 102.42 feet to an X cut in concrete set, for an angle point hereof,
2) N 55°28'52" E, for a distance of 53.43 feet to an iron rod with aluminum cap stamped "CORR
ROW" set, being in the existing westerly ROW line of County Road (C.R.) 122 (Redbud Lane)
(variable width ROW), same being the easterly boundary line of said Lot 1, for the northeasterly
corner hereof and from which an iron rod with aluminum cap stamped "CORR" found, being in
said existing ROW line of C.R. 122, same being the southeasterly corner of Lot 29 of said Settlers
Crossing, Section 3, also being the northeasterly corner of said Lot 1 bears N 06°00'55" E, at a
distance of 224.16 feet,
3) THENCE, departing said proposed ROW line, with the easterly boundary line of said Lot 1, same
being the existing ROW line of said County Road (C.R.) 122, S 06000'55" W, for a distance of
16.78 feet to a calculated angle point, being the cutback of the existing northerly ROW line of
C.R. 113 (Old Settlers Blvd.) (variable width ROW), for angle point hereof,
4) THENCE, with the cutback of said C.R. 113 (Old Settlers Blvd.) and said C.R. 122 (Redbud
Lane), same being the easterly boundary line of said Lot 1, S 45012'10" W, for a distance of
58.46 feet to a 1/2 iron rod found in the existing northerly ROW line of said C.R. 113, for the
southeasterly corner hereof;
5) THENCE, with the northerly ROW line of said C.R. 113, being the southerly boundary line of said
Lot 1, S 87019'10" W, for a distance of 100.47 feet to a Mag Nail with "JPH Land Surveying"
found, being the southeasterly corner of said 2.97 acre tract, same being the southwesterly
corner of said Lot 1, for the southwesterly corner hereof,
County: Williamson 06-13-22
Parcel: 2 Page 2 of 4
Project: CR 122 (Redbud Lane)
6) THENCE, departing said existing ROW line, with the common boundary line of said 2.97 acre
tract, and said Lot 1, N 02°40'50" W, for a distance of 10.50 feet to the POINT OF BEGINNING,
containing 0.065 acres, (2,846 square feet) of land, more or less.
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 and that the property described herein was determined by a survey made
on the ground under my direct supervision.
WITNESS MY ND AND SEAL at Round Rock, Williamson County, Tex
M. Ste ,en Truesdale Date
Registered Professional Land Surveyor No. 4933 ��Q.t��S7EgF'-9
Licensed State Land Surveyor �.,N;e••„•. .•...o
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1504 Chisholm Trail Road, Suite 103 oFF�s10
Round Rock, TX 78681 �'���`'•.......
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PLAT TO ACCOMPANY PARCEL DESCRIPTION
NAHO SuR�EY DRAINAGE
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TRACT NO. 173 FINAL PLAT DOC.O.P.R.W.C.T.
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LOT 13 0 P.R.W.C.T.
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LINE EASEMENT — O (SB6'44'32"W— — ^
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0.061 ACRE
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50' BUILDING LINE
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SURVEYING' /(S87-
WATERLINE EASEMENT E. OLD SETTLERS BLVD. NO. DIRECTION DISTANCE
0.006 ACRE (C. R. 1 1 3) L1 S06° 00' 55"W 1 6. 78'
DOC. NO. 20130055399 IR,O,W. WIDTH VARIES). L2 NO2° 40' 50"W 10. 50'
O.P.R.W.C.T. DOC.ONP.R.200`OT OG5
PARCEL PLAT SHOWING PROPERTY OF 06/13/2022
LI1NLANDu PARCEL 2
GEODETICS TOP FAMILY, INC.
OFESSIONAL LAND SURVEYOR$ 0.065 ACRES
04 CHISHOLM TRAIL RD.STE.103 2,846 Sq. Ft.
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY
.(512)238-1200,FAX(SI2)238-12S1RM REGISTRATION NO.100591-00 1" = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON PAGE 3 OF 4
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EXHIBIT " 11
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
♦ MAG NAIL FOUND LINE BREAK
p IRON ROD WITH ALUMINUM CAP
STAMPED "CORR ROW" SET P.O.B. POINT OF BEGINNING
IRON ROD WITH PLASTIC OR ( } RECORD INFORMATION
ALUMINUM CAP FOUND - AS NOTED P.R.W.C.T. PLAT RECORDS
X X CUT IN CONCRETE SET WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. DEED RECORDS
1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS
CALCULATED POINT 0.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
PROPERTY LINE
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
DENOTES COMMON OWNERSHIP WILLIAMSON COUNTY, TEXAS
1) All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates are surface values based on the
Texas State Plane Coordinate System, NAD 83, Central Zone.
2) This survey was performed without benefit of a Title Abstract. There may be other instruments of record that affect this tract not
depicted hereon.
3) Building lines shown hereon are based on Chapter 46, Zoning, City of Round Rock Ordinance.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION. �F
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.M.STEPHEN TRUESDAI.E
M. ST P N TR SDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 t%90 49M a��Q.
LICENSED STATE LAND SURVEYOR �/t;'�FESSIC).0.
INLAND GEODETICS. LLC �,UP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78661
PARCEL PLAT SHOWING PROPERTY OF 06/13/2022
FANDu PARCEL 2
ETICS TOP FAMILY, INC.
L LAND SURVEYORS 0.065 ACRES
M TRAIL RD.STE.103 2,846 Sq. Ft.
OCK,TX.78681 SCALE PROJECT COUNTY
200,FAX(512)238-12S1
FIR TION NO.100591-00 1 " = 40' COUNTY ROAD 122 (REDBUD LANE) WILLIAMSON I PAGE 4 OF 4
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VALUATION OF THE FEE ACQUISITION
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PROPOSED ACQUISITION
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Whole Property: 0.992 ac (43,212 SF)
Acquisition: 0.065 ac (2,846 SF)
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PARCEL PLAT SHOWING PROPERTY OF 06/13/202
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GEODETICS. TOP FAMILY, INC.
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ROIR4D RM.TX.7 I ItR6E7 SCALE PRQlECT COUNTY
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1 = 4O� COUNTY ROAD 122 (REO&1D LAW) WILLIAMSON PAGE 3 OF 4
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