R-2023-045 - 2/9/2023 RBS—Parcel9
RESOLUTION NO. R-2023-045
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 to and along Red Bud South, 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 0.125 acre (Parcel 9) of land located in
Williamson County, Texas and more particularly described by metes and bounds and on the plat to
accompany parcel description in Exhibit "A" attached hereto (the "Property"), such property being
owned by ROBERT HAROLD BEHRENS, for the public use of construction, reconstruction,
widening, maintaining, and operating of the Red Bud South 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.
0112.20232:4883-1019-8861
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 roadway and 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.
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 9th day of February, 2023.
AA1
CRAIG MOR N, Jas r
City of Round Rock,
ATTEST:
`''Y Vu `
OA
MEAGAN S KS, ity Clerk
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SHERRI L. STONE "
HENRY J. HERVOL &
4� 4RISTI HERVOL.-- "
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�^7M A. KRECZMER Si CURTIS RUGELY S & _
DEBRA A. KRECZMER MICHELLE MARIE R GELY
t RODERT H. 3EHRENS HERBERT A. WOLFF- OHN 'W PABST & 1
PATRI IA E_ 'NOLFF 4.NE.4 M. LLL�EPPER JUI
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iPROPOS' D R. O. W.
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EXISTING R O. W. ,ry J - PRUPO
EXHIBIT " "
PLAT TO ACCOMPANY PARCEL DESCRIP'T'ION
LOT 19 P.0. B. n
HERBERT A. WOLFF & Wife STA. 70+95.23 1.m I
PATRICIA E. WOLFF 53.50' LT
5 ACRES (TRACT 4) GRID COORDINATES:
VOL. 539, PG. 20 N=10, 160,663.21 III
P.0. R. D.R.W.C.T. E=3, 152,881.29 1I�
g�OG� LI ILL v
N87'30'58"E 866.05'
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LOT 21 I 0.P.R.W.C.T. N '
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DESCRIBED IN wl1
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NO. 1 DIRECTION DISTANCE 9 t II )I,
L1 N87-30'58"E 21. 16' 0. 125 AC. 1 I wl" 1
L2 S87`36'57"W 22.27' 5,448 S0. FT. II
9 I �1 I
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— — — — — — — — — — — — — — vOLpCCE753 P�E498 JOHNSON LANE
VOL: 2" 9'.
PG. 748 ,PRIVATE DRIVE) I .a
(WEST 868') 0.P..17.C.T. 1�•
S87'36'57"W 411.54'— -' I 1
— — (N89-45'53"E 432.31') I I a I
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STA. 68+44.37 MASON & RYLE � I I
50' LT
SUBDIVISION LOT 2 53. I � I
CAB. M, SLIDE 81-82 (1.9942 AC. )I 15' PUBLIC I I.
P.R.W.C.T. UTILITY EASEMENT—
PER
ASEMENT PER PLAT
10/18/2022
I N
PARCEL PLAT SHOWING PROPERTY OF
LA N D
GEODETICS ROBERT HAROLD BEHRENS PARCEL 9
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103 0.125 A C.
ROUND ROCK,TX.78681sCALE 5.44 8 SO. FT.
PH.(S12)238-1200,FAX(512)238-1251 PROJECT COUNTY
FIRM REGISTRATION NO.100591-00 1 " = 60' RED BUD LANE WILLIAMSON
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SALJAIRED BUD-GATTIS-EVERGREENIPARCELSIPARCEL 9-BEHRENSIPARCEL 9-BEHRENS.dpn