R-2023-405 - 12/7/2023 N.Mays-Parcel 7
RESOLUTION NO. R-2023-405
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 0.0374 acre (1,630 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 LARD PROPERTIES, L.P., 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
0112.20232;4862-8640-8593
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.
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.
2
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.
CRAG (5RqJN, Mayor
City of Pound Vock, Texas
ATTEST:
MEAGAN S tT
KS, ty Clerk
3
County: Williamson 10/18/2023
Parcel: 7, LARO Properties, LP. Page 1 of 5
Highway: N. Mays Extension
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.0374 ACRE (1 ,630 SQUARE FOOT) PARCEL OF LAND SITUATED
IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 4-A, OF THE REPLAT OF LOTS 2, 4, AND 6,
OAKMONT CENTRE, SECTION SEVEN SUBDIVISION, RECORDED IN CABINET T,
SLIDES 274-275, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED IN A SPECIAL WARRANTY DEED TO LARO PROPERTIES, L.P., RECORDED
IN DOCUMENT NO 2011027613, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.0374 ACRE (1,630 SQUARE FOOT) PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8 inch iron rod with aluminum cap stamped "CORR-ROW" set being 35.50
feet right of N. Mays St. Baseline Station 87+32.69, on the proposed easterly right-of-way
(ROW) line of N. Mays St (ROW varies), being on the northerly line of said Lot 4-A, same line
being the southerly line of Lot 3, Block A, of the OAKMONT CENTRE SECTION SEVEN
subdivision, recorded in Cabinet I, Slide 296-297, of said Plat Records, (Grid Coordinates
determined as N=10,176,302.53, E=3,129,998.21), for the northeast corner and POINT OF
BEGINNING of the herein described parcel, and from which a 5/8 inch iron rod found on the
west line of Lot 6-A of said REPLAT OF LOTS 2, 4 AND 6, OAKMONT CENTRE, SECTION
SEVEN subdivision, being the southeast corner of said Lot 3, same point being the northeast
corner of said Lot 4-A bears N 69°02'27" E, a distance of 444.71 feet;
1) THENCE, S 20°54'21" E, departing said south boundary line of Lot 3, with said
proposed easterly ROW line of N. Mays St., over and across said Lot 4-A, a distance of
285.20 feet to a MAG Nail with washer stamped "CORR-ROW 5630" set being 35.50
feet right of N. Mays Street Baseline Station 84+47.49, on the north line of Lot 4-13 of
said REPLAT OF LOTS 2, 4 AND 6, OAKMONT CENTRE, SECTION SEVEN
subdivision, same line being the south line of said Lot 4-A, for the southeast corner of
the herein described parcel, and from which a capped iron rod stamped "BAKER-
AICKLEN ASSOC" found, being the southeast corner of said Lot 4-A, same point being
the northeast corner of said Lot 4-13, bears N 69006'37" E, a distance of 449.19 feet;
2) THENCE, S 69°06'37" W, departing said proposed ROW line, with the common line of
said Lot 4-A and said Lot 4-B, a distance of 5.62 feet to a X cut in concrete found on the
existing easterly ROW line of N. Mays St. (formerly Oakmont Drive) (60 foot ROW
width), for the southwest corner of the herein described parcel, and from which a 1/2
inch iron rod found on said existing ROW line bears S 20056'37" E, a distance of 22.26
feet;
3) THENCE, N 20°56'37" W, departing said Lot 4-13, with said existing ROW line, same
line being the west line of said Lot 4-A, a distance of 285.19 feet, to a 1/2 inch iron rod
found, being the southwest corner of said Lot 3, same point being the northwest corner
of said Lot 4-A, for the northwest corner of the herein described parcel;
2023-405
County: Williamson 10/18/2023
Parcel: 7, LARO Properties, LP. Page 2 of 5
Highway: N. Mays Extension
4) THENCE, N 69°02'27" E, departing said existing ROW line of N. Mays St., with the
common boundary line of said Lot 4-A and said Lot 3, a distance of 5.81 feet to the
POINT OF BEGINNING. containing 0.0374 acres (1 ,630 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 r
WGUE
.......... .........
...... ANG .........
.....................
5630
Miguel A. Escobar, L.S.L.S., R.P.L.S. ':�oF off:•'
Texas Reg. No. 5630suRv�y��
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-7-LARO PROPERTIES.doc
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
�• �� II NO. DIRECTION DISTANCE
m I Ll S69'06'37"W 5.62'
L2 N69'02'27"E 5.81'
L3 S20'56'37"E 22.26'
Z i 1-3 N 19.01'31"W 22.25'
a' I LOT 3, BLOCK A
F� 3.00 ACRES
lI I OAKMONT CENTRE
• a. r I SECTION SEVEN
Z I3 3 CAB. I, SLD. 296-297 50 0 50 100
o q P.R.
P.O.B.
IZ N GRID COORDINATES SCALE 1" = 100'
N a N:10,176,302.53
J o„ x & E:3,129,998.21
o STA. 87+32.69
rn m 3 35.50' RT _
-/r T
0 3 L _ N 6 —T 27 E _4-44.7-1 _ _
W
Z p l I I 952/142
T1 O.P.R.
P.U.E.�30' B.L.
I I ss2/142
. . .
O.PP.RR.
LARD PROPERTIES, L.P.
�� N
i
I
DOC. NO. 2011027613
3 00� 7 O.P.R.W.C.T.
qN N 0.0374 AC. REPEAT OF LOT 6—A
1,630 SQ. FT.
z �3 w LOTS 2, 4, AND 6 I7.669 AC.
F I— N I OAKMONT CENTRE
W SECTION SEVEN
1° LOT 4—A CAB. T, SLD. 274-275
o Z N IN I 2.981 AC. P.R.W.C.T.
ITA. 84+47.49 10' B.L.
m I 35.50' RT 952/142
(N71'03'31"E 454.7l')O.P.R. P\cK�EN"
_� _ _ =N69'O6'37"E 449.19'° _ 7 g—: �
15' P.U.E. LOT 4-8
j111CAB.T, SLD. 274-275�
T I P.R.W.C.T. 10' W.L.E. 3.486 AC.
DOC No 200219798
I I O.P.R.W.C.T.
APPROXIMATE LOCATION
r�
PROJECT NO.: KPA-001 10/18/2023
FL^, PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODEnM LARO PROPERTIES, L.P. PARCEL 7
a�3` urvayors 0.0374 AC.
1,630 SQ. FT.
SCALE PROJECT
L--n%f I1" = 100' WILLIAMSON COUNTY N. MAYS EXT PAGE 3 OF 511
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
NOTES: F. THE FOLLOWING MATTER(S) AFFECTING THE SUBJECT
PROPERTY AS SHOWN ON PLAT/MAP RECORDED IN CABINET
1. BEARINGS ARE BASED ON THE TEXAS COORDINATE T, SLIDE 274, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS:
SYSTEM OF 1983, CENTRAL ZONE NAD83 (2011). 15' PUBLIC UTILITY EASEMENT ALONG THE WEST AND NORTH
COORDINATES SHOWN HEREON ARE GRID VALUES PROPERTY LINE. (SHOWN)
REPRESENTED IN U.S. SURVEY FEET. ALL 7.5' PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY
DISTANCES SHOWN HEREON ARE SURFACE VALUES LINE. (SHOWN)
REPRESENTED IN U.S. SURVEY FEET BASED ON A G. THE TERMS, PROVISIONS, EASEMENTS, COVENANTS,
SURFACE-TO-GRID COMBINED ADJUSTMENT RESTRICTIONS AND LIEN FOR ASSESSMENTS AS SHOWN IN
FACTOR OF 0.99987384. RESTRICTIONS RECORDED IN VOLUME 952, PAGE 142,
VOLUME 961, PAGE 1, VOLUME 1019, PAGE 578, VOLUME
2. THE FOREGOING MAP AND SURVEY ON WHICH IT IS 976, PAGE 230, VOLUME 1034, PAGE 709, VOLUME 1340,
BASED IS ACCOMPANIED BY AND A PART OF PAGE 873, VOLUME 1340, PAGE 877, VOLUME 1340, PAGE
SEPARATE METES AND BOUND DESCRIPTION OF THE 882, VOLUME 1340, PAGE 887, VOLUME 1344, PAGE 732,
SUBJECT TRACT. VOLUME 1344, PAGE 737, VOLUME 1344, PAGE 742,
CLERK'S FILE NO.
2001003055, 2013068699, 2016010516, 2021190918,
2021190919, OFFICIAL PUBLIC RECORDS, WILLIAMSON
THE SURVEY SHOWN HEREON WAS PREPARED IN COUNTY, TEXAS; WHEN TAKEN WITH ALL AMENDMENTS
CONJUNCTION WITH THAT COMMITMENT FOR TITLE AND/OR SUPPLEMENTS THERETO.
INSURANCE GF 23040016RTROW, ISSUED BY RISE H. SUBJECT TO ALL DEFINITIONS, EASEMENT, COVENANTS,
TITLE INSURANCE COMPANY, EFFECTIVE DATE MAY 2, LIMITATIONS, CONDITIONS, RIGHTS, PRIVILEGES, OBLIGATIONS,
2023; ISSUE DATE MAY 5, 2023. LIABILITIES, AND ALL OTHER TERMS AND PROVISIONS OF THAT
CERTAIN AMENDED AND RESTATED DECLARATION OF
SCHEDULE B, ITEM 1: COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDED IN
RESTRICTIVE COVENANTS: CABINET I, SLIDE 296, CLERK'S FILE NO. 20 1 3068 699, OFFICIAL PUBLIC RECORDS,
CABINET T, SLIDE 274, PLAT RECORDS; VOLUME 952, WILLIAMSON COUNTY, TEXAS. (AFFECTED BY BLANKET-TYPE
PAGE 142, VOLUME 961, PAGE 1, VOLUME 1019, EASEMENTS FOUND IN DOCUMENT)
PAGE 578, VOLUME 976, PAGE 230, VOLUME 1034,
PAGE 709, VOLUME 1340, PAGE 873, VOLUME 1340, I. EASEMENT AS SHOWN IN INSTRUMENT TO CITY OF ROUND
PAGE 877, VOLUME 1340, PAGE 882, VOLUME 1340, ROCK, DATED JANUARY 15, 1985 AND FILED IN VOLUME
1199, PAGE AS. (DOES NOT AFFECT)
OFFICIAL PUBLIC RECORDS OF WILLIAMSON
PAGE 887, VOLUME 1344, PAGE 732, VOLUME 1344, COUNTY, TEXAS.
PAGE 737, VOLUME 1344, PAGE 742, CLERK'S FILE
NO. 2001003055, 2013068699, 201 601 051 6, J. EASEMENT AS SHOWN IN INSTRUMENT TO CITY OF ROUND
2021190918, 2021190919, OFFICIAL PUBLIC ROCK, DATED JANUARY 15, 1985 AND FILED IN VOLUME
RECORDS, WILLIAMSON COUNTY, TEXAS, BUT OMITTING 1199, PAGE 262, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
ANY COVENANT, CONDITION OR RESTRICTION, IF ANY, COUNTY, TEXAS. (DOES NOT AFFECT)
BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, K. EASEMENT AS SHOWN IN INSTRUMENT TO CITY OF ROUND
FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ROCK, DATED JANUARY 15. 1985 AND FILED IN VOLUME
ONLY TO THE EXTENT THAT THE COVENANT, 1199, PAGE 270, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
CONDITION OR RESTRICTION (A) IS EXEMPT UNDER COUNTY, TEXAS. (DOES NOT AFFECT)
TITLE 42 OF THE UNITED STATES CODE, OR (B)
RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE L. TERMS AND PROVISIONS OF DEED RECORDATION
AGAINST HANDICAPPED PERSONS. ACKNOWLEDGMENT - EDWARDS AQUIFER PROTECTION L. PLAN
DATED NOVEMBER 27, 2000, FILED DECEMBER 14, 2000,
RECORDED IN CLERK'S FILE NO. 2000082864, OFFICIAL
SCHEDULE B, ITEM 10: PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
A. RIGHTS OF PARTIES IN POSSESSION. (NOT A SURVEY MATTER)
B. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER UNRECORDED M. TERMS AND PROVISIONS OF EASEMENT AGREEMENT DATED
LEASES OR RENTAL AGREEMENTS. JANUARY 2, 2002, RECORDED IN CLERK'S FILE
C. RIGHTS OF PUBLIC, THE STATE OF TEXAS AND THE NO.2002019798, OFFICIAL PUBLIC RECORDS, WILLIAMSON
MUNICIPALITY IN AND TO THAT PORTION OF SUBJECT COUNTY, TEXAS. (EASEMENT AS SHOWN)
PROPERTY, IF ANY, LYING WITHIN THE BOUNDARIES OF ANY N. TERMS AND PROVISIONS OF RECIPROCAL EASEMENT AND
ROADWAY, PUBLIC OR PRIVATE. OPERATING AGREEMENT BY AND BETWEEN LARO PROPERTIES,
D. ANY VISIBLE AND APPARENT EASEMENTS ON OR ACROSS THE L.P.A CALIFORNIA LIMITED PARTNERSHIP AND MS REALTY
PROPERTY HEREIN DESCRIBED, WHICH ARE NOT SHOWN OF HOLDINGS, LLC, A TEXAS LIMITED LIABILITY COMPANY
RECORD. DATED APRIL 7, 2020, FILED APRIL 7, 2020, RECORDED IN
CLERK'S FILE NO. 2020035394, OFFICIAL PUBLIC RECORDS,
E. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF WILLIAMSON COUNTY, TEXAS. (NOT A SURVEY MATTER)
COAL, LIGNITE, OIL, GAS AND OTHER MINERALS, TOGETHER
WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING 0. TERMS AND PROVISIONS OF SUBORDINATION AGREEMENT -
THERETO, APPEARING IN THE PUBLIC RECORDS WHETHER UNRECORDED LEASE BY AND BETWEEN STREAMLINE
LISTED IN SCHEDULE B OR NOT. THERE MAY BE LEASES, TECHNICAL SERVICES, INC., LESSEE; STREAMLINE
GRANTS, EXCEPTIONS OR RESERVATIONS OF MINERAL INVESTMENTS, LTD., BORROWER AND BANK OF AMERICA, N.A.,
INTEREST THAT ARE NOT LISTED. LENDER DATED JULY 13, 2004, FILED JULY 27, 2004,
RECORDED IN CLERK'S FILE NO. 2004058995, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
PROJECT NO.: KPA-001 (NOT A SURVEY MATTER) 10/18/2023
PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODE= LARD PROPERTIES, L.P. PARCEL 7
a�3' urveyors 0.0374 AC.
1,630 SQ. FT.
PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 4 OF 5
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
LEGEND
x 'X' FOUND IN CONCRETE
0p 1/2" IRON ROD WITH CAP FOUND
1/2" IRON ROD FOUND (UNLESS NOTED)
05/8' IRON ROD W/ ALUMINUM CAP
STAMPED "CORR-ROW" SET
CALCULATED POINT
X X CUT FOUND
® PK NAIL FOUND
® MAG NAIL FOUND
® MAG NAIL WITH WASHER STAMPED
"CORR-ROW 5630" SET
fL PROPERTY LINE
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
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
W.L.E. WATER LINE EASEMENT
( ) RECORD INFORMATION
BREAKLINE
P.TERMS AND PROVISIONS OF ASSIGNMENT AND SUBORDINATION
OF UNRECORDED LEASES AGREEMENT BY AND BETWEEN
STREAMLINE INVESTMENTS, LTD., STREAMLINE TECHNICAL
SERVICES, LTD., AND CAPITAL CERTIFIED DEVELOPMENT
CORPORATION, LENDER DATED AUGUST 23, 2004, FILED
FEBRUARY 9, 2005, RECORDED IN CLERK'S FILE NO.
2005010123, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,
TEXAS. (NOT A SURVEY MATTER)
Q. ANY RIGHTS, LIENS, OR CLAIMS IN FAVOR OF UPPER BRUSHY
CREEK WATER CONTROL AND IMPROVEMENT DISTRICT,
INCLUDING BUT NOT LIMITED TO ANY LIEN SECURING THE
PAYMENT OF ASSESSMENTS LEVIED AGAINST THE LAND IN
ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL
GOVERNMENT CODE, WHICH PROVIDES THAT SAID LIEN IS:
(1) A FIRST AND PRIOR LIEN AGAINST THE PROPERTY
ASSESSED; (2) SUPERIOR TO ALL OTHER LIENS AND CLAIMS
EXCEPT, LIENS OR CLAIMS FOR STATE, COUNTY, SCHOOL
DISTRICT, OR MUNICIPAL AD VALOREM TAXES% (§372.018 (B),
TEXAS LOCAL GOVERNMENT CODE)
(NOT A SURVEY MATTER)
I DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN
WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER
MY DIRECT SUPERVISION ON JANUARY a
INLAND�GjEODETIC. T� ERc�Q•�lS�MIGUE! A. ESCOBAR, L.S.L.S., R.P.L.S. • ••TEXAS REG. N0. 5630LESCOBAR1504 CHISHOLM TRAIL RD #1030••,,• ••ROUND ROCK, TX 78681
TBPELS FIRM NO. 10059100 ��?Q'�R`J�:
PROJECT NO.: KPA-001 10/18/2023
PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODEna LARO PROPERTIES, L.P. PARCEL 7
Land Surveyors 0.0374 AC.
1,630 SQ. FT.
PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 5 OF 5