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R-2023-286 - 9/14/2023 Red Bud South RESOLUTION NO. R-2023-286 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 0.096 acre (4,166 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 RONALD R. WOYTEK AND SUSAN L. WOYTEK, 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;4886-7793-0365 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 M RGAN ayor City of Ro nd Roc Texas ATTEST: YMEAG�SKS, City Jerk 3 10-31-2022 Page 1 of 3 EXHIBIT A County: Williamson Parcel : 16 Project: Red Bud Lane PROPERTY DESCRIPTION FOR PARCEL 16 DESCRIPTION OF A 0.096 ACRE (4,166 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY,ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 1.014 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO RONALD R. WOYTEK & SUSAN L. WOYTEK RECORDED IN VOLUME 735, PAGE 466 OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 0.096 ACRE (4,166 SQUARE FOOT)PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 112" iron rod found, being in the southerly boundary line of Lot 2, Woodhollow Subdivision recorded in Cabinet D, Slides 328-330 of the Plat Records of Williamson County,Texas, same being the northeasterly corner of that called 1.00 acre tract of land described in Probate to Estate of L.A.Grimes,Jr. deceased recorded in Document No. 2011031807 of the Official Public Records of Williamson County,Texas, and described in Volume 879, Page 348 of the Deed Record of Williamson County,Texas, also being the northwesterly corner of said 1.014 acre tract; THENCE, departing said 1.00 acre tract, with the common boundary line of said 1.014 acre tract, and in part said Lot 2 and Lot 1 of said Woodhollow subdivision, N 82°33'03" E, for a distance of 227.97 feet to an iron rod with aluminum cap stamped"CORR ROW 4933" set 49.50 feet left of Red Bud Lane Baseline Station 93+45.55 (Grid Coordinates determined as N=10,162,911.43, E=3,152,793.07 (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 ROW line,continuing with said common boundary line, N 82°33'03" E,at a distance of 8.04 feet pass the calculated southeasterly corner of said Lot 1, same being an angle point in the existing westerly ROW line of Red Bud Lane(C.R. 122), (ROW width varies),from which a 112"iron rod found bears N 21°44'59"W, at a distance of 1.57 feet and continuing with said existing ROW line, same being the northerly line of said 1.014 acre tract, for a total distance of 23.10 feet to a 1/2" iron rod found, being the northeasterly corner of said 1.014 acre tract, same being an ell corner in said existing ROW line,for the northeasterly corner of the herein described parcel; 2) THENCE,continuing with said existing westerly ROW line, same being the easterly boundary line of said 1.014 acre tract, S 02°35'15" E, for a distance of 179.67 feet to a 1/2" iron rod found, at the intersection of said Red Bud Lane ROW line and the existing northerly ROW line of Red Bud Trail (50' ROW width), for the southeasterly corner of the herein described parcel; 3) THENCE, departing said westerly Red Bud Lane ROW line, with the southerly boundary of said 1.014 acre tract, same being said existing northerly ROW line of Red Bud Trail, S 82°26'08" W, for a distance of 23.45 feet to an iron rod with aluminum cap stamped "CORR ROW 4933" set 49.50 feet left of Red Bud Lane Baseline Station 91+65.81, in said proposed ROW line,for the southwesterly corner of the herein described parcel; 4) THENCE, departing said existing northerly ROW line, with said proposed westerly ROW line, through the interior of said 1.014 acre tract, N 02°28'31" W, for a distance of 179.74 feet to the POINT OF BEGINNING, containing 0.096 acre (4,166 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 AN Lat Round Rock,William on ounty,Texas. o /,�02 M. Stephen TrUesdald Date o•• "'•• t Registered Professional Land Surveyor No. 4933 {�/�:•�, � icO'.S� Licensed State Land Surveyor Yij Q Inland Geodetics )- Firm Registration No: 100591-00 (•M•S7EPI{EN?•RlltiSOAL * 1504 Chisholm Trail Road, Suite 103 -t 4933 T�Q Round Rock,TX 78681 4:q��f E g,`pc.•;fin ; S:\LJA\RED BUD-GATTIS-EVERGREEN\PARCELS\PARCEL 16-WOYTEK\PARCEL 16-WOYTEK.doc �G�"-•.....•••' �, r SUR EXHIBIT " 1. PLAT TO ACCOMPANY PARCEL DESCRIPTION ill - 1 �FY 1 WOODHOLLOW -'A I 1 SUBDIVISION �aW I I r LL SU I CAB. D, SLIDE 328-330 W4,5<1 ► 1 n P S H 40g I P.R.W.C. T. I � c PH Tivl� N�, o^WI I DOSE C CT ng✓T „� I,1 LOT 1 ~-1G�II I ' U x E LOT 2 w �� I DETAIL —SEE-DETAIL I I - N. T. S. _ ! J j— f p 227 g7 N82°33 E 251.0') N21044'59"W - _ tN85°08 E I 1 1.57' 'oo LOT 1 x� STA. 93+45. 55 04' I 49. 50' LT # I U P.O. R. GRID COORDINATES: - IN=10, 162,910. 38 ti Z 1.014 AC. 16 E=3, 1 52, 785.09 of o oy,ln Q� = - _ o O Ico ut 0) IO> � RONALD R. WOYTEK & 3 ao 1 p �0 1 o ESTATE OF L.A. "� SUSAN L. WOYTEK '`� IF 'nIF mlo; I I a GRIMES, JR. DECEASED I= 1.014 ACRES m 0 1.00 AC. j VOL. 735, PG. 466 c o'0 p1<o DOC. 2011031807 I o D.R.W.C. T. ) 6 p o cr LuP 1 O.P.R.W.C. T. N Z N, v SEE VOL. 879, PG. 348 , - D. R.W.C. T. 4, 166 9SO.FT. Ld I _y $ — z 1 ,. NO. DIRECTION DISTANCE STA. 91+65. 81 uwil 1 L 1 N82° 33'03"E 23. 1 0' 49. 50' LT a L2 S82°26'OS"W 23.45' L2 it co w III c z O.W• 0 w 3 1� EXISTING R. 2p4,37�) ._ (N85°OO E 0:, w l cD l z 1>. BUD TRAIL z, Z N' I' RED z I I' WIDTHI r, w ,,s 1 z� I w _,(,SANG R.O.W. 1p I 10/31/2022 PARCEL PLAT SHOWING PROPERTY OF INLAND GEODETICS RONALD R. WOYTEK & PARCEL 16 PROFESSIONAL LAND SURVEYORS SUSAN L. WOYTEK 0.096 AC. 1 504 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX.78681 SCALE 4,16 6 S 0. IFT T. PH.(512)238-1200,FAX(512)238-1251 PROJECT COUNTY FIRM REGISTRATION NO.100591-OL_pe 1 " = 60' RED BUD LANE WILLIAMSON PAGE 2 OF 3 .,AIRED BUD-GATTIS-EVERGREEN\PARCELSIPARCEL 16-WOYTEI(\PARCEL 16-WOY'fEKdan EXHIBIT " " LEGEND PLAT TO ACCOMPANY PARCEL DESCRIPTION O I/2" IRON PIPE FOUND UNLESS NOTED 60D NAIL FOUND LINE BREAK 0 IRON ROD WITH ALUMINUM CAP �J STAMPED "CORR ROW 4933" SET P.O.B. POINT OF BEGINNING Q IRON ROD WITH PLASTIC OR P.O.R. POINT OF REFERENCE ALUMINUM CAP FOUND - AS NOTED RECORD INFORMATION P.R.W.C.T. PLAT RECORDS 1/2" IRON ROD FOUND WILLIAMSON COUNTY, TEXAS 0 COTTON GIN SPINDLE FOUND D.R.W.C.T. DEED RECORDS X X CUT IN CONCRETE FOUND WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS CALCULATED POINT WILLIAMSON COUNTY, TEXAS I'L PROPERTY LINE O.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. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF 22080031RTROW,ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE OCTOBER 11, 2022, ISSUE DATE OCTOBER 18, 2022. 10(F). EASEMENT AS SHOWN IN INSTRUMENT FROM E. M. LAWRENCE TO TEXAS POWER & LIGHT COMPANY, DATED AUGUST 1, 1963, AND FILED IN VOLUME 464, PAGE 174, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DECRIPTION CAN NOT BE LOCATED. G. EASEMENT AS SHOWN IN INSTRUMENT FROM RAYMOND J. WOYTEK AND ELLA WOYTEK TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, DATED JANUARY 15, 1974 AND FILED IN VOLUME 585, PAGE 229, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DECRIPTION CAN NOT BE LOCATED. H. EASEMENT AS SHOWN IN INSTRUMENT FROM RAYMOND J. WOYTEK TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, DATED JANUARY 13, 1976 AND FILED IN VOLUME 640, PAGE 79, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DECRIPTION CAN NOT BE LOCATED. I. EASEMENT AS SHOWN IN INSTRUMENT FROM RAYMOND J. WOYTEK TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, DATED FEBRUARY 3, 1978 AND FILED IN VOLUME 705, PAGE 852, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DECRIPTION CAN NOT BE LOCATED. J. EASEMENT AS SHOWN IN INSTRUMENT FROM WOYTEK BUILDERS TO TEXAS POWER & LIGHT COMPANY, DATED AUGUST 29, 1977 AND FILED IN VOLUME 711, PAGE 766, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. K. EASEMENT AS SHOWN IN INSTRUMENT FROM RAYMOND J. WOYTEK TO TEXAS POWER 8, LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, DATED APRIL 24, 1978, AND FILED IN VOLUME 716, PAGE 105, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S DECRIPTION CAN NOT BE LOCATED. 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 � .Cy /1j�Q +� F'%�� M. S T E n E ESDALE FDATE »-•.•.........«».......,... REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 M.S -F" iEA*TRJESDALE LICENSED STATE LAND SURVEYOR INLAND GEODETICS FIRM REGISTRATION NO. 100591-00 �i�'•�ESS�^.�-\0 1504 CHISHOLM TRAIL ROAD, SUITE 103 su� ROUND ROCK, TEXAS 78681 10/31/2022 INLAND OL PARCEL PLAT SHOWING PROPERTY OF GEODETICS RONALD R. WOYTEK & PARCEL 16 PROFESSIONAL LAND SURVEYORS SUSAN L. WOYTEK 0.096 AC. 1504 CHISHOLM TRAIL R0.STE.103 ROUND ROCK,TX.78681 SCALE 4,16 6 S 0. F T. PH.(512)238-1200,FAX(Sl2)238-12S1 PROJECT COUNTY FIRM REGISTRATION N0.1005"10 Fir = 60' RED BUD LANE TWILLIAMSON PAGE 3 OF 3 S:LLJA\RED BUD-GATTIS-EVERGREENIPARCELS\PARCEL 16•WOYTEKIPARCEL 16-WOYTEK.dgn r r r if `R' - 0' 100' 200' r E SCALE IN FEET LEGEND ,1 EXISTING R.O.w. PROPOSED R.O.w. 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BONLS P.L B 103424 DATE 1/13/20NOT 22 OR PFOR CONSTRUCTION, BIDDING A. sNG . 0o s ROUND ROCK,TEXAS 9 PURPOSE PASSION PROSPERITY r 70 o 4 S r a Z 4 rTr '• LJA Engineering,Inc. - �d RED BUD LANE PARCEL MAPS • !` STA 33+00 TO STA 57+00 d' din/ 4� SCALE: 1'-200' SHEET 2 OF 5 0' 100, 200' SCALE IN FEET .- LEGEND L:: t. � ♦'! T i�. .,. _ EXISTING R.O.W. 6 p I L. `�', J �•, SHERRI L. STONE •f � .«,.Y HENRY J.HERVOL 6 PROPOSED R.O,w. ry " KRISTI HERVOL ` R PARCEL BOUNDARY C _ 4 wl §_ Vwo ' "t MARTIN A. KRECZMER 6 CURTIS RUGELY SR. I, f t`: DEBRA A. KRECZMER MICHELLE MARIE RUGELY 71 11ROBERT .. f HERBERT A. WOLFF JOHN w PABST 4 T D W. SANDERS, o A PATRICIA E. WOL JANEd M. CULLPEPPEA J E BOYCE MILLS *BUD — P L & REDHDA L. NICHOL Oo—.-'.. �a F0',I.D R.O.W. Ex�STt NG R 0{w - .�. - ' OIL �R 2 oa 3T�s w T ED BUD LNG-- - -- _ _ w .:..:.::......... ..,-so.ao.=` �-_ _ ss oD _ _ -. zowo ;: 7s.00 z EXISTING — — -- _-- - -==--------• •. - .° ,; NG R 0 w. 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