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R-2023-403 - 12/7/2023 N.Mays RESOLUTION NO. R-2023-403 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 N. Mays Blvd., 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 0.163 acre (7,908 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 GRIMES JEFFREY WAY, LLC a Texas limited liability company, RME JEFFREY WAY, LLC, a Texas limited liability company and EHRLICH FAMILY PROPERTY LIMITED PARTNERSHIP, a Texas limited partnership, for the public use of construction, reconstruction, widening, maintaining, and operating of the N. Mays 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;4863-95764113 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 their 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 7th day of December 2023. Az CRA14 MO AN, Mayor City of RoundRock, Texas ATTEST: 4 MEAGAN S NK , ity Clerk 3 County: Williamson 10/18/2023 Parcel: 3-Ehrlich Family Property Limited Partnership Page 1 of 4 Highway: N. Mays Extension EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.1629 ACRE (7,098 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, FIRST RESUBDIVISION OF AMORRON PARK SUBDIVISION, RECORDED IN CABINET F, SLIDES 172-173, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AS DESCRIBED IN A SPECIAL WARRANTY DEED TO EHRLICH FAMILY PROPERTY LIMITED PARTNERSHIP RECORDED IN DOCUMENT NO 2006113115, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.1629 ACRE (7,098 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a mag nail with washer stamped "CORR-ROW 5630" set being 56.81 feet left of N. Mays St. Baseline Station 26+82.81, (Grid Coordinates determined as N=10,170,637.41, E=3,128,862.53), being on the proposed westerly right-of-way (ROW) of N. Mays St. (ROW varies), said line being the southerly boundary line of Lot 3, of said FIRST RESUBDIVISION OF AMORRON PARK, same line being the northerly boundary line of said Lot 2, for the northwest corner and POINT OF BEGINNING of the herein described parcel, from which point a MAG Nail found, for ell corner in the common boundary line of said Lot 2 and said Lot 3, bears S 78'11'19" W, a distance of 208.76 feet; 1) THENCE, N 78°1119" E, departing said proposed ROW line, with said common boundary line of Lot 2 and Lot 3, a distance of 14.07 feet to a PK Nail found, on the existing westerly ROW line of N. Mays St. (ROW width varies), for the southeasterly corner of said Lot 3, for the northeasterly corner of said Lot 2, and for the northeasterly corner of the herein described parcel; 2) THENCE, S 12°48'12" E, with said existing westerly ROW line of N. Mays St., same line being the easterly boundary line of said Lot 2, a distance of 216.78 feet, to a 1/2 inch iron rod found for the beginning of a curve to the right, said point being on the existing northerly ROW line of Jeffrey Way (60' ROW width), as shown in Cabinet D, Slide 399, said Plat Records; THENCE, departing said N. Mays St., with said northerly ROW line of Jeffrey Way, same line being the southerly boundary line of said Lot 2, the following four (4) courses and distances: 3) along said curve to the right, having a radius of 75.73 feet, a delta angle of 29046'51", an arc length of 39.36 feet, and a chord which bears S 02021'07" W, a distance of 38.92 feet, to a 1/2 inch iron rod found for a point at the beginning of a non-tangent curve to the left; 4) along said curve to the left, having a radius of 60.00 feet, a delta angle of 49°31'07", an arc length of 51.86 feet, and a chord which bears S 42051'09" W, a distance of 50.26 feet, to a 1/2 inch iron rod found for a point of reverse curvature; 5) along a curve to the right, having a radius of 20.00 feet, a delta angle of 51°09'07", an arc length of 17.86 feet, and a chord which bears S 43026'56" W, a distance of 17.27 feet, to a 1/2 inch iron rod found for a point of tangency; 6) S 69°43'51" W, a distance of 82.58 feet, to a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set, on said proposed westerly ROW line of N. Mays St. and being 190.14 feet left of N. Mays St. Baseline Station 23+79.32, from which a 1/2 inch iron rod found for the southeasterly corner of Lot 1, said First Resubdivision of Amorron Park subdivision, same being the southwesterly corner of said Lot 2, bears S 69°43'51" W a distance of 341.35 feet; 2023-403 County: Williamson 10/18/2023 Parcel: 3-Ehrlich Family Property Limited Partnership Page 2 of 4 Highway: N. Mays Extension THENCE, departing said northerly ROW line of Jeffrey Way, with said proposed westerly ROW line, through the interior of said Lot 2, the following five (5) courses and distances: 7) N 20028'51" W, a distance of 11.36 feet, to a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set being 191.68 feet left of N. Mays St. Baseline Station 23+90.58; 8) N 64°57'37" E, a distance of 66.74 feet, to a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set being 126.47 feet left of N. Mays St. Baseline Station 24+04.84; 9) N 32°29'49" E, a distance of 46.89 feet, to a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set being 93.20 feet left of N. Mays St. Baseline Station 24+37.87, for the beginning of a curve to the left; 10)along said curve to the left, having a radius of 125.00 feet, a delta angle of 45'24'10", an arc length of 99.05 feet, and a chord which bears N 09°47'46" E, a distance of 96.48 feet, to a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set for a point of tangency and being 56.27 feet left of N. Mays St. Baseline Station 25+27.00; 11) N 12°54'17" W, a distance of 155.81 feet, to the POINT OF BEGINNING. containing 0.1629 acres (7,098 square feet) of land more or less. This property description is accompanied by a separate parcel plat. Bearings are based on the Texas Coordinate System of 1983, Central Zone NAD83 (2011). Coordinates shown hereon are grid values represented in U.S. Survey Feet. All distances shown hereon are surface values represented in U.S. Survey Feet based on a surface-to-grid Combined Adjustment Factor of 0.99987384. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, Miguel A. Escobar, 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 January 2023. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Inland Geodetics �P(E OF T 5.��c° • ERP�•��P ...... ANGELESC.... ..................... Miguel A. Escobar, L.S.L.S., R.P.L.S. '•,q� 5630 P: Texas Reg. No. 5630 �••OF&SS °�•� 1504 Chisholm Trail Rd #103 gtio•SUR'J Round Rock, TX 78681 TBPELS Firm No. 10059100 Project No: KPA-001 S:\KPA\CORR N MAYS EXT\5-Descriptions-Reports\PARCEL-3-EHRLICH-FAMILY-PROP-LP.doc EXHIBIT PLAT TO ACCOMPANY DESCRIPTION NUMBER RADIUS DELTA LENGTH CHORD BEARING CHORD Cl 75.73' 29'46'51" 39.36' S02'21'07"W 38.92' (Cl) 75.73' 29'40'23" 39.22' SO3'26'28"W 38.78' C2 60.00' 49'31'07" 51.86' S42'51'09"W 50.26' C2 60.00' 49-17'57" 51.63' S44-25'37"W 50.05' C3 20.00' 51'09'07" 17.86' S43'26'56"W 17.27' C3 20.00' 51-19'04" 17.91' S45'26'10"W 17.32' C4 125.00' 45-24'10" 99.05' N09-47'46"E 96.48' 50 0 50 100 " = NO. DIRECTION DISTANCE SCALE 1 100'1' L1 N78'11'19"E 14.07' \ 1 L2 S69'43'51"W 82.58' L3 N20'28'51"W 1 1.36' P.O.B. L4 N64'57'37"E 66.74' GRID COORDINATES w N� L5 N32'29'49"E 46.89' N:10,170,637.41 11 mN'E:3,128,862.53 L6 N12'54'17"W 155.81' STA. 26+82.81 56.81' LT ' rZ Q 11 � 206' �5,�•���W6"W 2�2 7�I Z� 3 LOT 3 20' P.U.E. & D.E� (3.169 AC.) 1 1 ip 1 0 0 PER PLAT 5' WASTEWATER 1 30 P.U.E. EASEMENT ? _ PER PLAT VOL. 706, PG. 846� N N r D.R.W.C.T. W 25' B.Lv-A W 1 PER PLAT 1 ! + EHRLICH FAMILY STA. 2.27' L0 �N 1 FIRST RESUBDIVISION OF PROPERTY LIMITED ss.27' LT ° AMORRON PARK PARTNERSHIP O 1 cnV, CAB. F, SLID. 172-173 DOC. NO. 2006113115 a1 P.R.W.C.T. O.P.R.W.C.T. 0.1629 AC. v 1 7,098 SO. FT. 1 . STA. 24+37.87 V re, 1 Fri� `Y/ .i �� r 93.20' LT o 1,� i i-i __ • 'i�< ' STA. 24+04.84 I O STA. 23+90.58 o G 191.68' LT LOT 2 00> 2 TA.23+79.32 190.14'LT � 69�351 � 6o LOT 1 PIS (2.326 AC.) G PROJECT NO.: KPA-001 10/18/2023 PARCEL PLAT SHOWING PROPERTY OF FL-lr*i INLAND GEODEIIGS E H R LI C H FAMILY PROPERTY PARCEL 3 a� surveyors LIMITED PARTNERSHIP 0.1629 AC. 7,098 SQ. FT. SCALE PROJECT 1" = 100' WILLIAMSON COUNTY N. MAYS EXT PAGE 3 OF 4 EXHIBIT PLAT TO ACCOMPANY DESCRIPTION NOTES: G. WASTEWATER EASEMENT AS SHOWN IN INSTRUMENT FROM THERON S. BRADFORD, TRUSTEE TO BJ-HUGHES, INC., 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE A CORPORATION CHARTER UNDER THE LAWS OF THE STATE SYSTEM OF 1983, CENTRAL ZONE NAD83 (2011). OF DELAWARE, DATED APRIL 10, 1978 AND FILED IN VOLUME COORDINATES SHOWN HEREON ARE GRID VALUES 706, PAGE 846, DEED RECORDS OF WILLIAMSON COUNTY, REPRESENTED IN U.S. SURVEY FEET. ALL DISTANCES TEXAS, AND AS SHOWN ON PLAT RECORDED IN CABINET F, SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN SLIDE 172, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS. U.S. SURVEY FEET BASED ON A SURFACE-TO-GRID (SHOWN) COMBINED ADJUSTMENT FACTOR OF 0.99987384. H. EASEMENT AS SHOWN IN INSTRUMENT FROM BJ HUGHES, INC. TO ENSERCH CORPORATION, DATED JANUARY 10, 1979, 2. THE FOREGOING MAP AND SURVEY ON WHICH IT IS RECORDED IN VOLUME 754, PAGE 870, DEED RECORDS OF BASED IS ACCOMPANIED BY AND A PART OF SEPARATE WILLIAMSON COUNTY, TEXAS. (DOES NOT AFFECT) METES AND BOUND DESCRIPTION OF THE SUBJECT TRACT. I. DECLARATION OF EASEMENT AS SHOWN IN INSTRUMENT THE SURVEY SHOWN HEREON WAS PREPARED IN FROM PROCROW INDUSTRIAL PROPERTIES, L.P., A DELAWARE CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE LIMITED PARTNERSHIP DATED NOVEMBER 1, 2001 AND FILED GF 23050009RTROW, ISSUED BY RISE TITLE INSURANCE IN CLERK'S FILE NO. 2001081837, OFFICIAL PUBLIC COMPANY, EFFECTIVE DATE MAY 8, 2023, ISSUE DATE MAY RECORDS OF WILLIAMSON COUNTY, TEXAS. 14, 2023. (DOES NOT AFFECT) SCHEDULE B, ITEM 1: J. ANY RIGHTS, LIENS, OR CLAIMS IN FAVOR OF UPPER RESTRICTIVE COVENANTS: CLERK'S FILE NO. 2001081837, BRUSHY CREEK WCID, INCLUDING BUT NOT LIMITED TO ANY OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, BUT LIEN SECURING THE PAYMENT OF ASSESSMENTS LEVIED OMITTING ANY COVENANT, CONDITION OR RESTRICTION, IF AGAINST THE LAND IN ACCORDANCE WITH CHAPTER 372 OF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, THE TEXAS LOCAL GOVERNMENT CODE, WHICH PROVIDES THAT FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO SAID LIEN IS: (1) A FIRST AND PRIOR LIEN AGAINST THE THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION PROPERTY ASSESSED; (2) SUPERIOR TO ALL OTHER LIENS (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES AND CLAIMS EXCEPT, LIENS OR CLAIMS FOR STATE, COUNTY, CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT SCHOOL DISTRICT, OR MUNICIPAL AD VALOREM TAXES:. DISCRIMINATE AGAINST HANDICAPPED PERSONS. (§372.018 (B), TEXAS LOCAL GOVERNMENT CODE) SCHEDULE B, ITEM 10: (NOT A SURVEY MATTER) A. RIGHTS OF PARTIES IN POSSESSION. B. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED UNRECORDED LEASES OR RENTAL AGREEMENTS. HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION ON JANUARY 2023. C. RIGHTS OF PUBLIC, THE STATE OF TEXAS AND THE INLAND GEODETICS OF MUNICIPALITY IN AND TO THAT PORTION OF SUBJECT (E •,• PROPERTY, IF ANY, LYING WITHIN THE BOUNDARIES OF ANY O.I G%sTE4 -�y ROADWAY, PUBLIC OR PRIVATE. � �� Fo.•tf� D. ANY VISIBLE AND APPARENT EASEMENTS ON OR ACROSS MIGUEL ANGEL ESCOBAR THE PROPERTY HEREIN DESCRIBED, WHICH ARE NOT SHOWN MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S. ••••••• •••••• OF RECORD. .................. ' .0 5630 TEXAS REG. N0. 5630 1504 CHISHOLM TRAIL RD #103 ! P-esslo?P� COAL,E. ALLIGNITE,ESOIL,R GAS AND EOTHER PTIONS OR RALS,VATOGETHTIONS OER ROUND ROCK, TX 78681 q�� SUR*"J WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING TBPELS FIRM NO. 100591 C THERETO, APPEARING IN THE PUBLIC RECORDS WHETHER LEGEND LISTED IN SCHEDULE B OR NOT. THERE MAY BE LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE NOT LISTED. O 1/2" IRON ROD WITH CAP FOUND � 1/2" IRON ROD FOUND F. THE FOLLOWING MATTER(S) AFFECTING THE SUBJECT OO 5/8" IRON ROD W/ ALUMINUM CAP PROPERTY AS SHOWN ON PLAT/MAP RECORDED IN CABINET STAMPED "CORR-ROW" SET F, SLIDE 172, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS: ® PK NAIL FOUND A MAG NAIL WITH WASHER STAMPED 20' PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT CORR-ROW-5630 SET ALONG THE EAST PROPERTY LINE. (SHOWN) 25' BUILDING LINE ALONG THE EAST PROPERTY LINE. MAG NAIL FOUND (SHOWN) IC PROPERTY LINE P.R.W.C.T. PLAT RECORDS 15' PUBLIC UTILITY EASEMENT ALONG THE NORTH PROPERTY WILLIAMSON COUNTY, TEXAS LINE. (SHOWN) O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT OF BEGINNING ( ) RECORD INFORMATION BREAKLINE PROJECT NO.: KPA-001 �l 10/18/2023 PARCEL PLAT SHOWING PROPERTY OF Flw-� EHRLICH FAMILY PROPERTY PARCEL 3 INLOR Land surveyors LIMITED PARTNERSHIP 0.8 S AC. 7,09 SQ. FT. SCALE PROJECT 1" = 100' WILLIAMSON COUNTY N. MAYS EXT PAGE 4 OF 4