R-2023-404 - 12/7/2023 N.Mays-Parcel 4
RESOLUTION NO. R-2023-404
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 0.0277 acre (1,209 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 811 PALOMA DRIVE, LLC, a
Texas limited liability company, 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;4870-7047-9505
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.
CRAIG OR N, Mayor
City of toun ock, Texas
ATTEST:
MEAGAN SP KS, ty Clerk
3
County: Williamson 10/19/2023
Parcel: 4-811 Paloma Drive, LLC Page 1 of 4
Highway: N. Mays Extension
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.0277 ACRE (1 ,209 SQUARE FOOT) PARCEL OF LAND SITUATED
IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 3, 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
811 PALOMA PARK DRIVE, LLC, RECORDED IN DOCUMENT NO 2011073520, OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.0277 ACRE
(1 ,209 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 46.50 feet left
of N. Mays St. Baseline Station 26+82.80, (Grid Coordinates determined as N=10,170,639.52,
E=3,128,872.62), on the proposed westerly right-of-way (ROW) line of N. Mays St. (ROW
varies), at its intersection with the northerly boundary line of Lot 2, of said FIRST
RESUBDIVISION OF AMORRON PARK, same line being the southerly boundary line of said
Lot 3, for the southwest 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 219.07 feet;
THENCE through the interior of said Lot 3 with said proposed ROW line, the following three (3)
courses:
1) N 12°42'28" W a distance of 299.21 feet to a 5/8 inch iron rod with aluminum cap
stamped "CORR-ROW' set, being 46.50 feet left of N. Mays St. Baseline Station
29+82.00;
2) S 77°17'32" W a distance of 3.50 feet to a mag nail with washer stamped "CORR-ROW
5630" set;
3) N 12°42'28" W a distance of 27.90 feet to a 5/8 inch iron rod with aluminum cap
stamped "CORR-ROW' set being 50.00 feet left of N. Mays St. Baseline Station
30+09.90, for a point at the beginning of a non-tangent curve to the right, said point
being on the southerly ROW line of Paloma Drive (60' ROW width), as shown on
Cabinet F, Slides 172-173, said Plat Records, same line being the northerly boundary
line of said lot 3, for the northwest corner of the herein described parcel;
4) THENCE, with said existing southerly ROW line of Paloma Drive, same line being said
northerly boundary line of said Lot 2, along said curve to the right, having a radius of
20.00 feet, a delta angle of 48°13'58", an arc length of 16.84 feet, and a chord which
bears S 37°04'19" E, a distance of 16.34 feet, to a 1/2 inch iron rod found for a point of
tangency on the existing westerly ROW line of N. Mays St. (ROW width varies), said
point also being on the easterly boundary line of said Lot 3;
2023-404
County: Williamson 10/19/2023
Parcel: 4-811 Paloma Drive, LLC Page 2 of 4
Highway: N. Mays Extension
5) THENCE, S 12°48'12" E, departing said existing southerly R.O.W. line of Paloma Drive,
with said existing westerly ROW line of N. Mays Street, same line being said easterly
boundary line of said Lot 3, a distance of 312.28 feet, to a PK Nail found, for the
northeast corner of said Lot 2, for the southeast corner of said Lot 3, for the southeast
corner of the herein described parcel;
6) THENCE, S 78°11'19" W, departing said existing westerly R.O.W. line of N. Mays Street,
with said common boundary line of Lots 2 and Lot 3, a distance of 3.76 feet, to the POINT
OF BEGINNING, containing 0.0277 acres (1,209 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�rc OF
MIGUEL ANGEL ESCOBAR
••,.�R..................
SS
Miguel A. Escobar, L.S.L.S., R.P.L.S.
Texas Reg. No. 5630
1504 Chisholm Trail Rd #103
Round Rock, TX 78681
TBPELS Firm No. 10059100
Project No: KPA-001
S:\KPA\CORR N MAYS EXT\5-Descriptions-Reports\PARCEL-4-811-PALOMA-DRIVE-LLC.doc
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
NUMBER RADIUS DELTA LENGTH CHORD BEARING CHORD
Cl 20.00' 48'13'58" 16,84' S37'04'19"E 16.34'
C2 20.00' 90'00'00" 31.42' N56'23'45"E 28.28'
1 1
STA.3 9.90 1
50.. 0'LT C2 0
O o �� 9K 1
46ASO9LT200 11 0 `JQ 100
`p0 F i
SCALE 1" = 50'
/ 20' P.U.E. & D.E.
PER PLAT
/ 5' WASTEWATER 1
/ EASEMENT 1
/ VOL 706, PG. 846
/ 25' P.U.E. (D.R.W.C.T.) \ 1 0
/ & D.E. \
/ PER PLAT
\ 1 N 0 ;
1 OD 0 1 N� o
N:N ,
0.0277 AC.
1,209 SQ. FT. Lo
N
co
,ram ,f
N `
LOT 3 PE B L 1 Z
811 PALOMA PARK DRIVE, LLC (3.189 AC.)
DOC. NO. 2011073520 \ 1
O.P.R.W.C.T. \
i
PROPOSED R.O.W. \ w
NO. DIRECTION DISTANCE \ a
L1 S77'17'32"W 3.50' m
L2 N12'42'28"W 27.90' N
In
L3 S78'11'19IV 3.76' 1 1`
1 1d 1
3 Z
P.O.B. 1 1 0
GRID COORDINATES
FIRST RESUBDIVISION OF N:10,170,639.52 1\ 1 z
AMORRON PARK E:3,128,872.62 0 x L 1
CAB. F, SLID. 172-173 STA. 26+82.80
50' LT
P.R.W.C.T. 46. �
'j „S7$ w 22271
1 � 1
_ n 30' P.U.E.' CS79.3436
1—
PER PLAT
(3.265 AC.)11 • \. 1 1`.
PROJECT NO.: KPA-001 10 19 2023
PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODMX3 811 PALOMA DRIVE, LLC PARCEL 4
Lawn urvarort 0.0277 AC.
1,209 SQ. FT.
SCALE PROJECT
1 — 50, WILLIAMSON COUNTY N. MAYS EXT PAGE 3 OF 4
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
NOTES: CORPORATION CHARTER UNDER THE LAWS OF THE STATE OF
DELAWARE, DATED APRIL 10, 1978 AND FILED IN VOLUME
1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM 706. PAGE 846, DEED RECORDS OF WILLIAMSON COUNTY,
OF 1983, CENTRAL ZONE (NAD83 2011). COORDINATES TEXAS, AND AS SHOWN ON PLAT RECORDED IN CABINET F,
SHOWN HEREON ARE GRID VALUES REPRESENTED IN U.S. SLIDE 172, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS.
SURVEY FEET. ALL DISTANCES SHOWN HEREON ARE SURFACE (SHOWN)
VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A
SURFACE—TO—GRID COMBINED ADJUSTMENT FACTOR OF H. PUBLIC UTILITY EASEMENT AS SHOWN IN INSTRUMENT FROM
0.99987384. AMORRON PARK LIMITED, A TEXAS LIMITED PARTNERSHIP TO
CITY OF ROUND ROCK, A HOME—RULE CITY, MUNICIPAL
2. THE FOREGOING MAP AND SURVEY ON WHICH IT IS BASED IS CORPORATION AND POLITICAL SUBDIVISION OF THE STATE OF
ACCOMPANIED BY AND A PART OF SEPARATE METES AND TEXAS, DATED JUNE 15, 1988 AND FILED IN VOLUME 1710,
BOUND DESCRIPTION OF THE SUBJECT TRACT. PAGE 699, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION (DOES NOT AFFECT)
WITH THAT COMMITMENT FOR TITLE INSURANCE GF I. DECLARATION OF EASEMENT AS SHOWN IN INSTRUMENT FROM
2305001ORTROW, ISSUED BY RISE TITLE INSURANCE COMPANY, PROCROW INDUSTRIAL PROPERTIES, L.P., A DELAWARE LIMITED
EFFECTIVE DATE MAY 16, 2023, ISSUE DATE MAY 19, 2023. PARTNERSHIP DATED NOVEMBER 1, 2001 AND FILED IN
CLERK'S FILE NO. 2001081837, OFFICIAL PUBLIC RECORDS
SCHEDULE B, ITEM 1: OF WILLIAMSON COUNTY, TEXAS.
RESTRICTIVE COVENANTS: CLERK'S FILE NO. 2001081837, (DOES NOT AFFECT)
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, BUT
OMITTING ANY COVENANT, CONDITION OR RESTRICTION, IF ANY, J. ANY RIGHTS, LIENS, OR CLAIMS IN FAVOR OF UPPER BRUSHY
BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL CREEK WCID, INCLUDING BUT NOT LIMITED TO ANY LIEN
STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SECURING THE PAYMENT OF ASSESSMENTS LEVIED AGAINST
THAT THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT THE LAND IN ACCORDANCE WITH CHAPTER 372 OF THE
UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TEXAS LOCAL GOVERNMENT CODE, WHICH PROVIDES THAT
TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST SAID LIEN IS: "(1) A FIRST AND PRIOR LIEN AGAINST THE
HANDICAPPED PERSONS. PROPERTY ASSESSED; (2) SUPERIOR TO ALL OTHER LIENS
AND CLAIMS EXCEPT, LIENS OR CLAIMS FOR STATE, COUNTY,
SCHEDULE B, ITEM 10: SCHOOL DISTRICT, OR MUNICIPAL AD VALOREM TAXES:.
A. RIGHTS OF PARTIES IN POSSESSION. (§372.018 (B), TEXAS LOCAL GOVERNMENT CODE)
B. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER UNRECORDED (NOT A SURVEY MATTER)
LEASES OR RENTAL AGREEMENTS.
C. RIGHTS OF PUBLIC, THE STATE OF TEXAS AND THE
MUNICIPALITY IN AND TO THAT PORTION OF SUBJECT I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN
PROPERTY, IF ANY, LYING WITHIN THE BOUNDARIES OF ANY WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER
ROADWAY, PUBLIC OR PRIVATE. MY DIRECT SUPERVISION ON JANUARY 2023.
D. ANY VISIBLE AND APPARENT EASEMENTS ON OR ACROSS THE INLAND GEODETIC E OF T
PROPERTY HEREIN DESCRIBED, WHICH ARE NOT SHOWN OF
RECORD.
E. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S.
COAL, LIGNITE, OIL, GAS AND OTHER MINERALS, TOGETHER MIGUEL ANGEL ESCOBAR•
WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING TEXAS REG. NO. 5630
THERETO, APPEARING IN THE PUBLIC RECORDS WHETHER 1504 CHISHOLM TRAIL RD #103 •- q 5630
LISTED IN SCHEDULE B OR NOT. THERE MAY BE LEASES, ROUND ROCK, TX 78681 �'% o�P'
GRANTS, EXCEPTIONS OR RESERVATIONS OF MINERAL TBPELS FIRM NO. 10059100 lqN, ew
INTEREST THAT ARE NOT LISTED. •SURV�
F. THE FOLLOWING MATTER(S) AFFECTING THE SUBJECT LEGEND
PROPERTY AS SHOWN ON PLAT/MAP RECORDED IN CABINET O 1/2' IRON ROD WITH CAP FOUND
F, SLIDE 172, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS:
20' PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT 0 1/2- IRON ROD FOUND
ALONG THE EAST PROPERTY LINE. (SHOWN)
25' BUILDING LINE ALONG THE EAST PROPERTY LINE. OO 5/8- IRON ROD W/ ALUMINUM CAP STAMPED 'CORR—ROW' SET
(SHOWN) Ao MAG NAIL WITH WASHER STAMPED 'CORR—ROW 5630' SET
25' PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT (1) PK NAIL FOUND
ALONG THE NORTH PROPERTY LINE. (SHOWN)
15' PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY Ai MAG NAIL FOUND
LINE. (SHOWN) R PROPERTY LINE
G. WASTEWATER EASEMENT AS SHOWN IN INSTRUMENT FROM P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
THERON S. BRADFORD, TRUSTEE TO BJ—HUGHES, INC., A 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
PROJECT NO.: KPA-001 10 19 2023
PARCEL PLAT SHOWING PROPERTY OF
811 PALOMA DRIVE, LLC PARCEL 4
Land surveyors 0.0277 AC.
1,209 SQ. FT.
PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 4 OF 4