R-2023-327 - 10/12/2023 Red Bud South
RESOLUTION NO. R-2023-327
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 0.009 acre (400 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 HENRY J. HERVOL, 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.
0112.20232:4869-4676-1091
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 12th day of October, 2023.
6M/
CRAIG +RGAIV, Mayor
City of Round RoCk, Texas
ATTEST:
MEAGAN S LKS, ity Clerk
3
10-19-2022
Page 1 of 4
EXHIBIT A
County: Williamson
Parcel : 11
Project: Red Bud Lane
PROPERTY DESCRIPTION FOR PARCEL 11
DESCRIPTION OF A 0.009 ACRE (400 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT 0.215 ACRE TRACT OF LAND (EXHIBIT B) DESCRIBED IN A WARRANTY DEED
WITH VENDOR'S LIEN TO HENRY J. HERVOL AND WIFE KRISTI HERVOL RECORDED IN
DOCUMENT NO. 9623431 AND CORRECTED IN DOCUMENT NO. 9633120 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 0.009 ACRE (400 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 southwesterly corner of that called
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, same being the
southeasterly corner of that called 1.49 acre tract (Tract II) in said Volume 2148, Page 529, also being the
northerly boundary line of said 0.215 acre tract;
THENCE, departing said 1.49 acre tract, with the common boundary line of said 0.215 acre tract and said
1.00 acre, 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 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 87024'58" E, for a distance of 19.96 feet to a calculated point in the existing westerly ROW line
of Red Bud Lane (ROW width varies), being the southeasterly corner of said 1.00 acre tract,
same being the northeasterly corner of said 0.215 acre tract, for northeasterly corner of the herein
described parcel,
2) THENCE, departing said 1.00 acre tract, with said existing ROW line, same being the easterly
boundary line of said 0.215 acre tract, S 02021'48" E, for a distance of 20.00 feet to a calculated
point, being the northeasterly corner of that called 5 acre tract of land described in a Deed to
Hebert A. Wolff and wife, Patricia E. Wolff recorded in Volume 539, Page 20, of the Deed
Records of Williamson County, Texas, same being the southeasterly corner of said 0.215 acre
tract, for the southeasterly corner of the herein described parcel;
3) THENCE, departing said existing westerly ROW line, with the common boundary line of said 5
acre tract and said 0.215 acre tract, S 87°28'15" W, for a distance of 20.05 feet to an iron rod
with aluminum cap stamped "CORR ROW 4933" set 53.50 feet left of Red Bud Lane Baseline
Station 73+46.12 in said proposed westerly ROW line, for southwesterly corner of the herein
described parcel and from which a 1/2" iron rod found, in the northerly boundary line of said 5
acre tract, being the southwesterly corner of said 0.215 acre tract, bears S 87°28'15" W, at a
distance of 447.88 feet;
County: Williamson 10-19-2022
Parcel : 11 Page 2 of 4
Project: Red Bud Lane
4) THENCE, departing said 5 acre tract, with said proposed ROW line, through the interior of said
0.215 acre tract, N 02006'37" W, for a distance of 19.98 feet to the POINT OF BEGINNING,
containing 0.009 acre (400 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 Trues ale (F `r Date
Registered Professional Land Surveyor No. 4933 �r Ac. i..
Licensed State Land Surveyor P�° ttAS7
Inland Geodetics _ _
Firm Registration No: 100591-00 wM STEPHEN MJE60ALE
1504 Chisholm Trail Road, Suite 103 �o•«•4933 •» •��»
r�Q
Round Rock, TX 78681 F o.EyS�o`:%��r
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S:\LJA\RED BUD-GATT IS-EVERGREEN\PARCELS\PA RCEL 11-HERVOL\PARCEL 11-H doc
EXHIBIT " "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
O I/2" IRON PIPE FOUND UNLESS NOTED 'V�� DENOTES COMMON OWNERSHIP
A 60D NAIL FOUND —N� LINE BREAK
0 IRON ROD WITH ALUMINUM CAP
v STAMPED "CORR ROW 4933" SET P•O.B. POINT OF BEGINNING
SL1 R'� G P.O.R. POINT OF REFERENCE
OR
t�p,RSR -o 409 O ALUMINUM C]RON ROD TAP FOUNDTH IC AS NOTED ( ) RECORD INFORMATION
JCS aB�T RSC I N�, 1/2" IRON ROD FOUND P.R.W.C.T. PLAT
LLIAMSON COUNTY. TEXAS
® COTTON GIN SPINDLE FOUND D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
X X CUT IN CONCRETE FOUND O.R.W.C.T. OFFICIAL RECORDS
O CALCULATED POINT WILLIAMSON COUNTY, TEXAS
PROPERTY LINE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
JOHN W. PABST & WILLIAMSON COUNTY, TEXAS
HENRY J. HERVOL JANEA M. CULLPEPPER
& Wife, (TRACT II) I c
KRISTI HERVOL 1.49 ACRE 3 rIQ
(EXHIBIT "B") VOL. 2148, PG. 529
2.414 ACRES O.R.W.C.T. I
JOHN W. PABST & P A0. B3
DOC. 9623431 JANEA M. CULLPEPPER +66. 10 v I
AND CORRECTED (TRACT I) 53.50' LT z I
IN DOC. 9633120 1.00 ACRE GRID COORDINATES:
0.R.W.C.T. VOL. 2148, PG. 529 N=10, 160,933.86 x I .a
0.R.W.C. T. E=3, 1 52,871.32 W
P.0. R. I
I (S89'54'w 188.02') LI
3/8" N87'24'S8"E 166.75' _ „j I
_ _ I I
N N I J
J J J a
0.009 AC. _ ���
400 SO. FT.
(S89'54'00"W 469.15') _ a7 W
L3 I iZ
5828W715 447.88 ^ I I
Q o¢ Jm
(EAST 868')
STA. 73+46. 12 = z
53.50' LT ;! I �Z� I-
HENRY J. HERVOL & Wife, �jl ,I m�; z I o
KRISTI HERVOL
(EXHIBIT "B") u I I � x� w
0.215 ACRES of
NO. DIRECTION DISTANCE DOC. 9623431 HERBERT A. WOLFF & Wife,
AND CORRECTED IN PATRICIA E. WOLFF
L1 N87°24'58"E 19.96' DOC. 9633120 (TRACT 4) X
L2 S02°21'48"E 20.00' 0.R.W.C.T. 5 ACRES w
(1-2) (S00°06'42'E) (20.00') VOL. 5399 PG. 20 z
L3 587°28' 15"W 20.05'
D.R.W.C.T. z I
L4 I NO2106'37"W 1 19.98'
10/19/2022
PARCEL PLAT SHOWING PROPERTY OF
I N LAN D
GEODETICS HENRY J. HERVOL & WIFE KRISTI HERVOL PARCEL 11
PROFESSIONAL LAND SURVEYORS O.O O n ^H .
1504 CHISHOLM TRAIL RD.STE.103 7
ROUND ROCK,TX.78681 SCALE 400 S O. FT.
PH.(512)238-1200,FAX(512)238-1251 PROJECT COUNTY
FIRM REGISTRATION NO,100591-00 � " = 30' RED BUD LANE WILLIAMSON
PAGE 3 OF 4
S:\LJAIRED BUD-CATTIS-EVERGREEN\PARCELS\PARCEL 11-HERVOLIPARCEL 11-HERVOL.dpn
EXHIBIT " "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
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 22080026RTROW,ISSUED BY TITLE RESOURCES GUARANTY COMPANY,
EFFECTIVE DATE SEPTEMBER 15, 2022, ISSUE DATE SEPTEMBER 21, 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 SENDON AND WIFE, HENRIETTA SWENSON; C.E.NOREN AND WIFE, ELLEN NOREN 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 AND THE ESTATE OF C.0 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 AND WIFE, MAUD SOUTHERN 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 AND WIFE, MRS. 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 AND WIFE, MAUD SOUTHERN TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 400, PAGE 143, 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 J. WOYTEK AND WIFE ELLA WOYTEK TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 585, PAGE 229, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
M. EASEMENT AS SHOWN IN INSTRUMENT FROM DALE HESTER TO TEXAS POWER & LIGHT COMPANY AND FILED IN VOLUME 608, PAGE 226, 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 FILED IN VOLUME 697, PAGE 733, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
FROM IT'S DESCRIPTION CAN NOT BE LOCATED.
0. TERMS AND PROVISIONS OF EASEMENT AGREEMENT AS SHOWN IN INSTRUMENT BY AND BETWEEN WILLIAM H. MILBURN, JR. AND WIFE, MARY ELLEN MILBURN AND LOUISE CRAIG AND
FILED IN VOLUME 2148, PAGE 540 AND IN VOLUME 2373, PAGE 100, DEED RECORDS OF 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 WDE ON THE GROUND UN R MY DIRECT
OF
SUPEER ISION. �' r '�;. F
/ C t�1�f?'tip
M. STE ETIREESDALE DATE +1.......««
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 1 M.STEPHEN AUE$DAlE
LICENSED STATE LAND SURVEYOR �4933• J
INLAND GEODETICS • ESS\O�.�O
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD. SUITE 103 SUR
ROUND ROCK, TEXAS 78681
10/19/2022
PARCEL PLAT SHOWING PROPERTY OF
INLAND
GEODETICS HENRY J. HERVOL & WIFE, KRISTI HERVOL PARCEL 11
PROFESSIONAL LAND SURVEYORS 0.
009 ^C
1504 CHISHOLM TRAIL RD.STE.103 /1
ROUND ROCK,TX.78681 SCALE 400 S Q. FT.
PH.(512)238-1200,FAX(SI 2)238-1251 PROJECT COUNTY
FIRM REGISTRATION NO.100591-00 jw = 30RED BUD LANE WILLIAMSON PAGE 4 OF 4
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SCALE IN FEET
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PRELIMINARY
SUBMITTED FOR REVIEW
BY DEREK T. BONLS P.E. -10342/
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DATE T/13/2022
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PARCEL MAPS
mo STA 57+00 TO STA 81+00
SCALE: 1-200' SHEET 3 OF 5