R-2023-285 - 9/14/2023 Red Bud South
RESOLUTION NO. R-2023-285
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 interest in and across approximately 0.101 acre (4,401 SF) of
land in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit
"A" attached hereto (the "Property"), such Property being owned by JOHN W. PABST AND JANEA
C. PABST Vk/a JANEA M. CULPEPPER, 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.
0 112.20232;4868-6428-6589
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 or shall make 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 14th day of September 2023.
P, A/
CRAIGand R RG , Mayor
City of R k, Texas
ATTEST:
U*U4ZOV7.1 A -,.f, ��
A- I0
MEAGAN SP KS, Cit Clerk
3
10-19-2022
Page 1 of 4
EXHIBIT A
County: Williamson
Parcel : 12
Project: Red Bud Lane
PROPERTY DESCRIPTION FOR PARCEL 12
DESCRIPTION OF A 0.101 ACRE (4,401 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT 1.00 ACRE TRACT OF LAND (TRACT I) DESCRIBED IN A WARRANTY DEED TO
JOHN W. PABST & JANEA M. CULPEPPER RECORDED IN VOLUME 2148, PAGE 529 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 0.101 ACRE (4,401 SQUARE FOOT)
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS.
BEGINNING FOR REFERENCE at a 3/8" iron rod found, being the southeasterly corner of that called
1.49 acre tract of land (Tract II) recorded in said Volume 2148, Page 529, same being the southwesterly
corner of said 1.00 acre tract, also being the northerly boundary line of that called 0.215 acre tract of land
described in a Warranty Deed with Vendor's Lien to Henry J. Hervol & wife, Kristi Hervol recorded in
Document No. 9623431 and corrected in Document No. 9633120 of the Official Records of Williamson
County, Texas,
THENCE, departing said 1.49 acre tract, with the common boundary line of said 0.215 acre tract and said
1.00 acre tract, N 87°24'58" E, for a distance of 166.75 feet to an iron rod with aluminum cap stamped
"CORR ROW 4933" set 53.50 feet left of Red Bud Lane Baseline Station 73+66.10 (Grid Coordinates
determined as N=10,160,933.86, E=3,152,871.32 (TxSPC Zone 4203) in the proposed westerly Right-of-
Way (ROW) line of Red Bud Lane (ROW width varies), for the southwesterly corner and POINT OF
BEGINNING of the herein described parcel;
THENCE, departing said 0.215 acre tract, with said proposed ROW line, through the interior of said 1.00
acre tract, the following (2) two courses:
1) N 02°06'37" W, for a distance of 98.07 feet to an iron rod with aluminum cap stamped "CORR
ROW 4933" set 53.50 feet left of Red Bud Lane Baseline Station 74+64.17, for point of curvature
to the right;
2) along said curve to the right, having a delta angle of 01°53'01", a radius of 4,053.50 feet, an arc
length of 133.26 feet and a chord which bears N 01°10'07" W, for a distance of 133.25 feet to an
iron rod with aluminum cap stamped "COCP ROW 4933" set in the southerly boundary line of that
called 1.25 acre tract of land described in a Warranty Deed with Vendor's Lien to Todd W.
Sanders and wife, Julie Boyce Mills, and Rhonda L. Nichol recorded in Document No.
2016063641, and of the Official Public Records of Williamson County, Texas, same being the
northerly boundary line of said 1.00 acre tract, for the northwesterly corner of the herein
described parcel and from which a 3/8" iron rod found, in the southerly boundary line of said
1.25 acre tract, being the northwesterly corner of said 1.00 acre tract bears S 87°17'20" W, at a
distance of 170.26 feet;
3) THENCE, departing said proposed ROW line, with the common boundary line of said 1.25 acre
tract and said 1.00 acre tract, N 87017'20" E, for a distance of 16.75 feet to a calculated point in
the existing westerly ROW line of Red Bud Lane (ROW width varies), being the southeasterly
corner of said 1.25 acre tract, same being the northeasterly corner of said 1.00 acre tract, for the
northeasterly corner of the herein described parcel;
County: Williamson 10-19-2022
Parcel : 12 Page 2 of 4
Project: Red Bud Lane
4) THENCE, departing said 1.25 acre tract, with said existing westerly ROW line, same being the
easterly boundary line of said 1.00 acre tract, S 02°21'48" E, for a distance of 231.31 feet to a
calculated point, being the northeasterly corner of said 0.215 acre tract, same being the
southeasterly corner of said 1.00 acre tract, for the southeasterly corner of the herein described
parcel;
5) THENCE, departing said existing ROW line, with the common boundary line of said 0.215 acre
tract and said 1.00 acre tract, S 87024'58" W, for a distance of 19.96 feet to the POINT OF
BEGINNING, containing 0.101 acre (4,401 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 H .ND AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen True dale Date
Registered Professional Land Surveyor No. 4933 s
Licensed State Land Surveyor
Inland Geodetics �, „•N,,.N^........N......►
Firm Registration No: 100591-00 `it M.STEPNfN1Rt1E8Q
1504 Chisholm Trail Road, Suite 103 •� 9N493..1 �r
Round Rock, TX 78681 'P 1L°F 00�•••
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EXHIBIT " "
LEGEND PLAT TO ACCOMPANY PARCEL DESCRIPTION
O %2" IRON PIPE FOUND UNLESS NOTED AP ALL 5 G
60D NAIL FOUND BSI TODD W. SANDERS, ,. II •I
0 IRON ROD WITH ALUMINUM CAP JOSEPH �IpA--F (�!U• & W& R,HOJULIE NDA L B NYICH MILLS
STAMPED "CORR ROW 4933" SET 1\ `
1.25 ACRES i
Q IRON ROD WITH PLASTIC OR DOC. 2016063641
ALUMINUM CAP FOUND - AS NOTED e}' O.P.R.W.C.T.
1/2" IRON ROD FOUND S87°17'20"W 170.26' LI
® COTTON GIN SPINDLE FOUND _ — — Lj
N
3/8" (N89°48'30"E 188.54') z NN I
X X CUT IN CONCRETE FOUND W
STA. 75+95.67 J «
CALCULATED POINT I o> ^i
� pro 11' PROPERTY LINE 53.50' LT = I
DENOTES COMMON OWNERSHIP
V LINE BREAK I JOHN W. PABST & p do II
V JANEA M. CULLPEPPER w Y�
P.O.B. POINT OF BEGINNING (TRACT I)
JOHN W. PABST & 1.00 ACRE 2 V II
P.O.R. POINT OF REFERENCE JANEA M. CULLPEPPER , VOL. 2148, PG. 529 1.0
( 3 I.) RECORD INFORMATION (TRACT II) 0.R.W.C.T. 0. 101 AC. O
4 401 SQ. FT. o - In
P.R.W.C.T. PLAT RECORDS 1.49 ACRE I Ih .�
VOL. 2148, PG. 529
WILLIAMSON COUNTY. TEXAS M:
0.R.W.C.T. z ou
D.R.W.C.T. DEED RECORDS STA. 74+64. 17 z II 1 �,'
WILLIAMSON COUNTY, TEXAS 53.50' LT N =W; PC �4, 4.1
0.R.W.C.T. OFFICIAL RECORDS W c� uj
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WILLIAMSON COUNTY, TEXAS
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS p s Fj N
WILLIAMSON COUNTY, TEXAS I P.O. B. o� 0 a 1.
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53. 50' LT 3 w �
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING I a• N
GRID COORDINATES: ,.� o :I w I! `
C 1 01°53'O1 " 4 053.50' 133.26' 133.25' NO 1° 10'07"W N=10, 1 60,933.86 io (L z
E=3, 152,871.32 o° a CD z ,D
N0. DIRECTION DISTANCE o w�l z
L1 N87° 1 7'20"E 1 16. 75' I z
P.0. R. I A
L2 S87°24'58"W 1 9.96' (S89°54'W 188.02')
�i N87°24'S8_'E 166.75 >I c Iz
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HENRY J. HERVOL & Wife, KRISTI HERVOL l m
EXHIBIT "B" 0.215 ACRES Iv+
DOC. 9623431 W
AND CORRECTED IN DOC. 9633120
O.R.W.C.T. o
10/19/2022
INLAND
PARCEL PLAT SHOWING PROPERTY OF GEODETICS JOHN W. PABST & PARCEL 12
PROFESSIONAL LAND SURVEYORS JANEA M. CULLPEPPER 0.101 AC.
1504 CHISHOLM TRAIL RD.STE.103
ROUNGAOCK,TX.78681 SCALE 4,401 S O. F T.
PH.(512)238-1200.FAX(512)238-1251 PROJECT COUNTY
FIRM REGISTRATION NO.100591-00 60' RED BUD LANE WILLIAMSON PAGE 3 OF 4
&UA1RED BUD-GATTIS-EVERGREENIPARCELSIPARCEL 12-PABST-CULPEPPERIPARCEL 12-PABST-CULPEPPER.dgn
EXHIBIT " I.
PLAT TO ACCOMPANY PARCEL DESCRUMON
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, WAD 83, CENTRAL ZONE.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF 2208002TRTROW,ISSUED BY TITLE RESOURCES GUARANTY COMPANY,
EFFECTIVE DATE SEPTEMBER 05, 2022, ISSUE DATE SEPTEMBER 12, 2022.
1. RESTRICTIVE COVENANTS: VOLUME 2148, PAGE 547 AND VOLUME 2373, PAGE 90, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
10(F). EASEMENT AS SHOWN IN INSTRUMENT FROM SWEN SWENSON ET AL TO LONE STAR STATE POWER CO., INC AND FILED IN VOLUME 225, PAGE 29, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
G. EASEMENT AS SHOWN IN INSTRUMENT FROM AUGUSTA A. CAVANAUGH TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 310, PAGE 433, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, DOES NOT AFFECT.
H. EASEMENT AS SHOWN IN INSTRUMENT FROM VICTOR SOUTHERN ET AL TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 367, PAGE 8, DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
I. EASEMENT AS SHOWN IN INSTRUMENT FROM V.A. SOUTHERN TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 390, PAGE 42, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
J. EASEMENT AS SHOWN IN INSTRUMENT FROM V.A. SOUTHERN TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 449, PAGE 626, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
K. EASEMENT AS SHOWN IN INSTRUMENT FROM E.M. LAWRENCE TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 464, PAGE 174, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
L. EASEMENT AS SHOWN IN INSTRUMENT FROM RAYMOND WOYTEK TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 535, PAGE 674, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
M. EASEMENT AS SHOWN IN INSTRUMENT FROM RAYMOND J. WOYTEK ET UX TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE CO. FILED IN VOLUME 585, PAGE 229,
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
N. EASEMENT AS SHOWN IN INSTRUMENT FROM DALE HESTER TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE CO. FILED IN VOLUME 608, PAGE 226, DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
0. EASEMENT AS SHOWN IN INSTRUMENT FROM DALE HESTER TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 697, PAGE 733, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
P. EASEMENT AS SHOWN IN INSTRUMENT FROM WILLIAM H. MILBURN, JR. AND MARY ELLEN MILBURN TO DALE HESTER, BESSIE HESTER, TERRY M. BURGER AND CAROL R. BURGER AND
FILED IN VOLUME 741, PAGE 502, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
0. TERMS AND PROVISIONS OF EASEMENT AGREEMENT AS SHOWN IN INSTRUMENT BY AND BETWEEN WILLIAM H. MILBURN, JR. AND LOUISE CRAIG AND FILED IN VOLUME 2148, PAGE 540
AND REFILED IN VOLUME 2373, PAGE 100, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
R. TERMS AND PROVISIONS OF RESTRICTION AGREEMENT BY AND BETWEEN WILLIAM H. MILBURN, JR., ET UX AND LOUISE CRAIG RECORDED IN VOLUME 2148, PAGE 547, REFILED IN
VOLUME 2373, PAGE 90, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, SUBJECT TO.
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. OF
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M. ST P N TR ESDALE DATE 9TEP194TRUESDAU
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933 i 4
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LICENSED STATE LAND SURVEYOR
INLAND GEODETICS Ess'Orry�
FIRM REGISTRATION NO. 100591-00 SU�-4Fi
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681 10/19/2022
-111 PARCEL PLAT SHOWING PROPERTY OF
I N L A N D JOHN W. PABST &
GEODETICS JANEA M. CULLPEPPER PARCEL 1 c. 2
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681 SCALE 4,4 01 SO. F T.
PH.612)238-1200,FAX(512)238-1251 PROJECT COUNTY
FIRM REGISTRATION NO.100591-00 1 " = 60' RED BUD LANE WILLIAMSON PAGE 4 OF 4
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