R-2023-288 - 9/14/2023 Red Bud South
RESOLUTION NO. R-2023-288
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 0.164 acre (7,156 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 JEANNIE M. MCCULLOCH,
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;4872-7873-6509
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.
CRAIG G ayor
City of R and Ro , Texas
ATTEST:
MEAGAN SP S, City lerk
3
08-2-2022
Page 1 of 3
EXHIBIT A
County: Williamson
Parcel : 14
Project: Red Bud Lane
PROPERTY DESCRIPTION FOR PARCEL 14
DESCRIPTION OF A 0.164 ACRE (7,156 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOSEPH MARSHALL
SURVEY,ABSTRACT NO. 409, IN WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF THAT CALLED 1.429 ACRE TRACT
OF LAND IN A SPECIAL WARRANTY DEED TO JEANNIE M. MCCULLOCH RECORDED IN DOCUMENT NO. 2018085364,AND
DESCRIBED IN DOCUMENT NO.2001041371 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS, SAID
0.164 ACRE(7,156 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2"iron rod found, being an angle point in the southerly boundary line of that called 1.008
acre tract of land in a Special Warranty Deed to Terrill G. Stadek recorded in Document No. 2019040323, and described in
Document No. 2011009128 of the Official Public Records of Williamson County, Texas, same being the northerly boundary line of
said 1.429 acre tract;
THENCE,with the common boundary line of said 1.008 acre tract,and said 1.429 acre tract, S 88°36'03"E,for a distance of 86.43
feet to an iron rod with aluminum cap stamped"CORR ROW 4933"set 49.50 feet left of Red Bud Lane Baseline Station 89+39.19
(Grid Coordinates determined as N=10,162,504.45, E=3,152,802.64 (TxSPC Zone 4203) in the proposed westerly Right-of-Way
(ROW) line of Red Bud Lane(ROW width varies),for the northwesterly corner and POINT OF BEGINNING of the herein described
parcel;
1) THENCE, departing said proposed westerly ROW line, with the common boundary line of said 1.429 acre tract and said
1.008 acre S 88°36'03" E, for a distance of 23.87 feet to a 112" iron rod found in the existing westerly ROW line of Red
Bud Lane (ROW width varies), being the northeasterly corner of said 1.429 acre tract, same being the southeasterly
corner of said 1.008 acre tract,for the northeasterly corner of the herein described parcel;
2) THENCE, with said existing westerly ROW line, same being the easterly boundary line of said 1.429 acre tract,
S 02°29'59" E,for a distance of 334.60 feet to a calculated point, being the northeasterly corner of a 20'wide easement
for future Road Widening per Red Bud Acres subdivision recorded in Cabinet C, Slides 70-71 of the Plat Records of
Williamson County,Texas, for the southeasterly corner of said 1.429 acre tract and of the herein described parcel;
3) THENCE,with the northerly line of said 20'easement, being the southerly line of said 1.429 acre tract, N 55°17'10"W,for
a distance of 25.04 feet to an iron rod with aluminum cap stamped "CORR ROW 4933"set, 51.08 feet left of Red Bud
Lane Baseline Station 86+19.39, in said westerly proposed ROW line,being the northeasterly corner of Lot 18 of said Red
Bud Acres subdivision, for the southwesterly corner of the herein described parcel, and from which a 1/2" iron rod with
plastic cap stamped"SEELIG"found in the common line of said 1.429 acre tract and said Lot 18 bears N 55°17'10'W, at
a distance of 118.20 feet;
4) THENCE,departing said easement and subdivision,with said proposed ROW line,through the interior of said 1.429 acre
tract, N 03°11'26" W, for a distance of 321.11 feet to the POINT OF BEGINNING, containing 0.164 acre (7,156 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.
M. Stephen Truesdale Date
Registered Professional Land Surveyor No,4933
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road,Suite 103
Round Rock,TX 78681
S:1LJA\RED BUD-GATTIS-EVERGREENIPARCELSIPARCEL 14-MCCULLOMPARCEL 14-MCCULLOCHdoc
EXHIBIT " 1.
PLAT TO ACCOMPANY PARCEL DESCRIPTION 4--
TERRILL G. SLADEK P.O. R.
1.008 ACRES t I I
DOC. 2019040323 LI L2 1 i
(DESCRIBED —� — -- I 1 I
IN DOC. 201 1 0091 28 ) (S86*16'E 110.30')
O.P.R.W.C.T.j / `f PTIB ! 4,
STA. 89+39. 19 '
49-50' LT
` GRID COORDINATES: } „
/ N=10, 162,504.45
/ E=3, 152,802.64 I
Z VI
Q
5 RVEY
/ 09
J05EpH TRAOT rv0• 14 lRl m lug; ; I
/ 5 0I o
Ag 0. 164 AC. a i I� Ld
7, 156 SQ. FT. m x
JEANNIE M. McCULLOCH M
1.429 ACRES
DOC. 2018085364 ' I OSTENSIBLE SURVEY LINE
DESCRIBED IN `J'
/ \ DOC. 2001041371
\ O.P.R.W.C.T. , w1 rn a
PC
\ 1 zuj
/ ( a
\ 30
LOT 16 ) \ \ 20\ w T�_..��od-•-dt-d...d
J �1• w 0 Ia
r \ 0 31 r+
f \ 3y SEEiIG* o of '�
\ 1 O\. itis a ( I
\ Nc*s zI z'A} v
NO. DIRECTION DISTANCE
L1 S88'36'03"E 86. 43' LOT 17
L2 S88"36'03"E 23. 87' WI -
L3 N55' 1 7' 10"W 25.04' \ \ � s a� �I
I RED BUD ACRES \ \20, D ' `^' I 1 % •
( CAB. C, SLIDE 70-71 \ _ _
P.R.W.C. T. \\ LOT 1 8\ I AI I �� ---a------_--- ---_
! } < 1W }
STA. 86+19.39 I 0o1 I BOBBY JONES WAY
51
\ 20' EASEMENT
*'I FOR FUTURE i � -------------------t---
1 ROAD PER PLATING 08/02/2022
PARCEL PLAT SHOWING PROPERTY OF
Ff
INLANDuPARCEL 14
GEODETICS JEANNIE M. McCULLOCH
PROFESSIONAL LAND SURVEYORS 0.164
.I ^ �.
1504 CHISHOLM TRAIL RD.STE.103 4
ROUND ROCK,TX.78681 SCALE 7,15 G S O. F T.
PH.(512)238-1200,FAX(512)238-1251 PROJECT COUNTY
FIRM REGISTRATION NO.100591-00 1" = 60' RED BUD LANE WILLlAMSON
PAGE 3 OF 3
S:U XRED BUD-GATTIS-EVERGREENIPARCELS\PARCEL 14-MCCULLOMPARCEL 14-MCCULLOCH.dgn
' _ / f• i � o• wo• 200•
SCALE
I
ti ark / • �� A LEGEND
rye- EXISTING R.O.W.
s / 'L, _ ` Ti •.. _ ___ PROPOSED R.O.W.
PARCEL BOUNDARY
03
II �'��• HEB GROCERY .
COMPANY LP
\ KITE REALTY TRUST ROSERT M._CARIIN
I 2 \ B SOPMIE CARLI
HEB OCERY 1.
TEEXA '\ • p
1 COMPANY LP PROPERTIES LLC l
F{
-- - �- - f >. - -_ ExtsT lNc R e.w. ---
1 PROPOSED R.
�Y
off-
Ny 1
-_- - RED BUD LN--
1000 I5. ZO 00 ^�^
.'---- RED BU
..0 PRELIMINARY
ExISTING R. w, •
SUBMITTED FOR REVIEW
GC �
o I I u BY DEREK T. BOHLS P.E. •103424
J
O t'
W
O a DATE ni,zozz
2 H:
h _ v NOT FOR CONSTRUCT[ON. BIDDING
DR PERMITTING
W ..
Q
Q =r
O '-ROUND RO(K,TEXAS
_ - -
i R RPOSF PAWON PROGPERHI
LJA Engineering,Inc.I'll
�. F.lyp
RED BUD LANE
,.... �,'
PARCEL MAPS
BEGIN TO STA 33-00
oY,�
-.n SCALE: 1-200' SHEET 1 OF
,.
?oo
+� .� r/ i� ',:� ♦��f SCALE IN FEET
,�. - LEGEND
\ �� EXISTING R.O.W.
�� _ Ji(■ - ---- PROPOSED R.O.W.
` - - PARCEL BOUNDARY
q ,
O ?f.
m
m _
m' •
SHADY HILLSIDE PASS DAWN MESA CT
`i,'I�iii
I p r o
n ' III
,o EXISTING R.O.W. ---- -
F ----- ,� - ___ -_ _ -- '-_-_.
ye �_��r�� _ s'w.��}r-- _. ._-t - -__— -�T--L — �.ryr�r- T..yd�y..,��µ f..•..�= N
a _ 11
w - �..._ - ---- - RED BUD LNG --- - -- - - w
--
_ _ — -E%IST,N�a:_D._W; =��-- ;=_-��• � PRELIMINARY
SUBMITTED FOR REVIEW
B7 DOIER T. BONLB ►.L 0 105121
� ��x•.,;1-.`,0�1 ' qr DATE 1/13/2022
F
NOT
O PE�IO�OINSTRUCTICH, BIDDING
yJ N �A v'`b•', 1iY
C�'P I •'�'.
0
Oo s
a ROUND ROCK,TEXAS
9 PURPOSE.PASSION PROSPERITI'
70 o r
y,Gi Z
WA Engineering,Inc.,1114
` B RED BUD LANE
PARCEL MAPS
8 s
STA 33-00 TO STA 57-00
41116,
-u+ SCALE: l'•200' SHEET 2 OF 5
- 0' 100, zoo•
SCALE IN FEET
x. } ►:s t LEGEND
EXISTING R.O...
PROPOSED R.O.W.
PARCEL BOUNDARY
'IS RUGELY :R. .W
ET'
W S4NOE S,LE MIL4 I_. NICHOL o0
— T — —T— T
RED BUD LN_-- -�---I-- _ + 2 06 37_39" w
TaFeo -- --_,'.� _ 80.00_.
- J PRELIMINARY
REVIEW
I SUBMITTED FOR REV\, I
< I_
BY OE REX T. lONL7 P.E. 0 107424
DATE
\(\ 1I NOT FOR CON7TRUCTIOUCTIO N, BIOOINO
- - OR PERMITTING
a
X y ND ROCK,TEXAS
\\ PURPOY.PASSION PROSPERITI'
LJA Engineering, Inc.1.14
RED BUD LANE
PARCEL MAPS
STA 57-00 TO STA 81-00
N6� -
ON�
SCALE: 1-200' SHEET 3 OF 5
0' 100, 200'
�. SCALE
®
LEGEND
Q 0 1 , EXISTING R.O.W.
0 k PROPOSED R.O.W.
= PARCEL BOUNDARY
m 0
r
Q r
0 EST EF AN JACOB RODPIGUEZ
6 RE EREE MICHELE POOR IGUEZ�
8.
DAARL B. FUCHS
FUCH
KARLA K. FUCHS
ONALD R IT H e .`.ARON G NA LIAI
TE LL G. R
o N 9 +ENRIC
K
O j JEANNIE M. MCCULLOCH :.NK BRIGHT 4 LUETTA JACK _. ICE,
& _ K N '21
Oo ,1 TERSON-BRIGHT VELMA AJICEK 00
'�[-. .-
i
d EXISTING R G.w., i � i I'H SED R.
777
RE BUD LN-- s'f. �+' -T —�-- - -- -r
r—
_ _ t _ PRELIMINARY
s 2
I � SUBMITTED FOR REVIEW
BT DEREK T. !OILS P.E. W 103424
DATE 1/13/2022
/.+ I r ZACNARY L.,CRISI IP, DAN IC,' D. CR ISLIP, NOT FOR CONSTRUCTION, BIDDING
"< MARK 0. MARCHI b OORIS_ -FCH1 OR PEN TTINO
r Z Q
wI
0
D
0 ! �W m m
m Z
A JrRO�U�NND ROCK,TEXAS
VO PAsswN rxosPeem.
Z I r
E rn
LJA Engineering,Inc.III
RED BUD LANE
PARCEL MAPS
STA 81,00 TO STA 105-00
N 2
O—
i+1 O
—,n SCALE: 1-200' SHEET 4 OF 5
0' 100, 200'
. - SCALE IN FEET
e
- LEGEND
EXISTING R.O.W.
-- - --- PROPOSED R.O.W.
PARCEL BOUNDARY
T � 1
0op
/1
a \
FOREST BLUFF TRAIL -
J I \ -
o -
-_ - T -- - --_—
RED BUD LN ,�9,w_ T
E0 RE BU --r_.- ..--�T70�T10"' �IB•00 --any —s-- —�
PRELIMINARY
U
SUBMITTED FOR REVIEW
a _ BY DEREK T. BOIILS P.E. W 103424
oerE 1/1312022
NOT FOR CONSTRUCTION, BIDDING
JZ 3 OR PERYI TTING
0 J Q
Z Z s
Q ; UJ
y
O O EIC ROUND ROCK,TEXAS
LLI 3 O - PURPOSE R10510N PRb5PER111
3 : LI, -
E
L LJA Englneering,Inc.i'll
RED BUD LANE
PARCEL MAPS
STA 105+00 TO END
oar
SCALE: 1-200' SHEET 5 OF 5