Loading...
R-2024-076 - 4/11/2024 Red Bud South RESOLUTION NO. R-2024-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS DETERMINING ING PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY AND AUTHORIZING THE CI'TY"S ATTORNEY TFIDE 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, Teas "City" and the public-at-large t 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 offee simple interest in and across approximately 0.048 acre (2,074 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 LUETTA C. PETERSON- BRIGHT,, 'TRRS N-"RIGHT, TRUST F LU TTA C. PETERSON-BRIGHT AND FRANK H. BRIGHT JOINT IVIN TRUST DTD 10/17/1998 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 ofsaid real property for the purpose of exploring, developing, or ruining 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. 0 112 20242,4892-076&13 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND RCI ,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 t 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 allover the City and/or its assigns to complete said Project. Section 2. The City Attorney, or his designated agent, has on behalf of the Cit} to attempted t negotiate, settle and agree on compensation to he paid to the owners of any interest in the Property, and has made or shall make official, written, trona 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, thea 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 perforin and undertake all other proceedings necessary to complete the acquisition f 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 reprised 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 f the corrected or reprised Property. I r Seetion 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 laver at all times during which this Resolution and the subject ratter hereof were discussed, considered and formally acted upon, all as required her the open Meetings Act, Chapter 55 1, Texas Government Code, as amended. RESOLVED this 11 th day of April 20 . Al CRAIGAN, Mayor City f loun oek, Texas ATTEST: MEAGAN S --S, ty Clerk 3 EXHILIBIT County: Williamson r Page I of Parcel : 17-Peterson 2623-12-11 Project: Red Bud Lane EXHIBIT PROPERTY TY I ESCF IPTI N FOR PARCEL 17 DESCRIPTION OF A 0.048 ACRE (2,07{4 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT N . 409, IN WILLIAIBQN COUNTY, TEAS, BEING A PORTION OF LOT 1 1.0 ACRE) OF THE WOODHOLLOW SUBDIVISION RECORDED DED IN CABINET D, SLIDES 328-330 OF THE PLAT RECORDS OF 1 ILLIAMS N COUNTY TEXAS, AS DESCRIBED IN A WARRANTY DEED TO LUETTA C. PETERSON-BRIGHT TRUSTEE OF LUETTA C. PETERSON- BRIGHT AND FRANK H. BRIGHT JOINT LIVING TRUST DTD RECORDED IN DOCUMENT NO. 2018112162 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 0.048 ACRE (2,674 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS F LL 11 S BEGINNING FOR REFERENCE EC E a a 1/2" Iron rod found in the southerly boundary line of Lot 2 of said subdivision, 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. 20 41031807 of the Official Public Records of Williamson County, Texas, and described in Volume 879, Page 348 of the Deed Record of Williamson County, Texas, and the northwesterly corner of that called 1.014 acre tract of land described in Special Warranty Deed to Ronald R.I oytek and Susan L. Woytek in Volume 735, Page 466 of the Deed Records of Williamson County Texas-, THENCE, with the common boundary line of said 1.014 acre tract, and in part said Lot 2 and Lot 1, N 62033'03" E, for a distance of 227.97 feet to an iron rod with aluminum cap stamped "C RR ROW 4933" found 49.50 feet left of Red Bud Lane Baseline Station +45.55 (Grid Coordinates determined as N=19,162,910.38, E=3,152,785.69 T SPC Zone 4293) in the proposed westerly Right-of-way (ROW) line of Red Bud Lane (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described parcel, TH E NC E, departing said 1 0 14 acre tract, through the interior of said Lot 1,with said proposed ROW Iine, the following 5 five courses: 1 82°28131" W, for a distance of 195.40 feet to an iron rod with aluminum cap stamped "C RR ROW 5630' set 49.50 feet left of Red Bud Lane Baseline Station 94+50.95, 2 N 42031329" E, for a distance of 5,85 feet to ars iron rod with aluminum nap stamped 'C RR ROW 5630"set 45.59 feet left of Red Bind Lane Baseline Staton 94+54.95, 3) N 2°2B' 'I" illi, for a distance of 14.00 feet to an iron rod with aluminum cap stamped "CARR ROW 5 36" et 45 56 feet left of Fled Bud Lame Baseline Station 94+68.95; 7*28'31 W,for a distance of 5.66 feet to ars iron rod with aluminum cap stamped"CARR ROW 5636"set 49.56 feet left of Red Bud Lane Base ine Station 9 +72.95; 5 N 0 2*28'3'1,1 W, for a distance of 141.81 feet to an iron rod w th alu rninum cap stamped "CARR ROW 4933" found 49.50 feet left of Red Bud Lame Baseline Station 96+14.76 in the existing southerly ROW line of Woodhollow Trail 50' ROW width), being the northerly line of said Lot 1, for the northwesterly corner of tine herein described panel; 6 THENCE. w4h said exist-ng southerly ROW line, sane being the northerly boundary line of said Lot 1, N 87039'08" E,for a distance of 7.95 feet to a 318'' iron rod found, at the intersection of the existing westerly ROW line of Red Bud Lame (C.R_ 122), (ROW width varies), for the northeaster y corner of said Lot 1 and of the herein described parcel; County: Williamson Page 2 of Parcel ; 17-Peterson 2023-12-11 Project: Red Bud Lane 7) THENCE, with said existing westerly ROW lino, being the easterly boundary line of said Lot 1, 0 °29'20" E, for a d.stance of 268.50 feet to a calculated point in the northerly line of said 1.914 acre tract, for the southeasterly corner of sa!d Lot 1 and of the herein described parcel and from which a 1/2" iron rod found bears N 21"44'59"w, a distance of 1.57 feet THENCE, departing said existing westerly ROW line, with the common line of said Lot 1 and of said 1.014 acre tract, S °33'03" IIIA, for a distance of 8.04 feat to the POINT OF BEGINNING, containing 0.948 acre(2,074 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 N . 4203, NAD 33. THE STATE OF TEAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF 11 ILLIAMS N That 1, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the above description and the accompanying sketch is true and correct to the best of ray knowledge and b 'ief and the property described here n was determined by a survey made on the ground during the months of February through August, 2022, under the direct supervision of M Stephen Tru sdale, LSLS, RPLS No. 4933 and December, 2923 under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock Williamson County, Texas on this 11th day of December,2923,A.D. INLAND GEDETIDS ,....##� MIGUEL ANGEL ESCOBAR The MigueI A. Escobar, L.S.L.S., 1 .P.L.S •.�+ 3 Texas Reg. No. 5630 '��:�%J 1 594 Chisholm Trail Rd#103 Round Rock,TQC 78681 TBPELS Firm No. 190501 00 S:1LJA\RED BUD- ATTIS-EVER REENIPARDELSIPAR EL 1 -PETERSOMPAR EL 17-PETERSON-REV.doc EXHIB ' PLAT TO ACCOMPANYPARCEL DESCROTION WOODHOLLow TRAIL J, X50' R w3DSH} Fx I T 11+1 R. .w. 3/9" , o C5' " 150.64' Si�1N"cFl SSS rz (EAST 1 8.9 to) Ld STA. 96-14. 76 49.50" LT � � WOODHOL LOW g�SUBDIVISION i �` i - w- '+ CAB. D# SLIDE 328-330 LOT 1 � � �� . .W. .T. 1.00 ACRE F + "' y r —� '1 F STORY STONE wf.. `146 Lu=I DETAIL "A"% I FRAME i 7 N. T.S. LOT 2RESIDENCE d ui 1 ? �; � 0 up) • 048 AC. 7 0 'No. DIREC' 1ON DISTANCE � ,��� FT. ' LOT I o z 3� 1 N4 3 5.BB 4 c LA xm . N0 '2B'3' 14.00' ' ' P CD P.O. BeLam � _3 A7• '3' W 5.66' SEE DETAIL "B" 71 L ' a 417"3 08 7.9B r LLJ 5 S8 °33.03 W 8.04' I �i N 1*4 4'59" W 1.Oi 4 A . I.5 ! � Ln LUETTA D. PETERSON-BRIGHT, 0 m TRUSTEE OF i _ wl LUETTA C. PETERSON-BRIGHT A �� AND FRANK H. BRIGHT � w.. � �4 JOINT LIVING TRUST DTD 4 W .d pE 7A I L +�B�, DOC. NO. 2018112162 a c N.T.S. O.P.F . . .T. z ; ui 0. Z. r a I TA. 94-T2.95 49.50' 17 SES DETAIL LA - y ;/L 0T 1 _ - ,� k, jr J � 1 . STA. 94.68.95 = __. - fS °A ' - 45.50' LT C t SHED 3-5 z CD ,D D STA- 94.54.95 `-' k, F 45.50' LTc 1d ESTATE OF L.A. RONALD R. WOYTEk STA. 93#45.55 GRIMESp JR. DECEASED � SUSAN Y E� 49.�J0+ LT � % ®� GRID ORDINATES: �„ �ti 0 STA. 94.50.45 1.00 AE. 1.01 4 ACRES .., 4 0 49.60 LT DOC. 201103'807 VOL. 735, P . 465 N_1 , 1 + �. 8 j .P.R,1 .T. E=311529785-09 D.R,W. . T. � SEE VOL. 879, PG. 348 � r D.R. .C.T. .... JA- 'C23/1 .? PARCEL LLAT SHOW NG PROPERTV OF I N L A N D LUETTA C. PETERSON—BRIGHT PARCEL 17 E013ETILUETTA . TERS N_ IGHT0 048 AC TRUSTEE F � PROFESSIONAL'LAND SURVEYORS AND FRANK H. BRIGHT JOINT LIVING TRUST DTD 7 504 CHI HOLM TRAIL RD.STE.103 . FT ROUND ROCK,TX.78681 SCALE PROF COUNTY PH.°,12i 238-1200.FAX{512':238-'251 FIRM REGI MT ON NO.100S9I-00 Orf " = 60, FEED 81,D LANE WL; IA 1 S N PAGE 3 OF 'L.,WRED BUD ATTTS-E ERGREr:WARCrtL IPAREL 17-PE" R OMPARCEL t7-pE1`E;R o"E .9n EXHIBIT ti tt PLAT TO ACCOMPANY PARCEL. LEGEND ° Of IRON PIPE FOUND UNLESS DOTED � DENOTES COMMON OWNERSHIP BOD NA'L FOUNDL NE BREAK 0 IRON ROD WITH A_UM, UM CAP _1\7 STAMPED "CORR ROW 6 0� SES` P.O.B POINT OF BEGINNING 'ROS! RDD WITH PLASTIC OR ALUM NUN! P.O.f R. POINT OF REFERENCE CAP STAMPED 'CORFU ROW 4933" FOUND RECORD INFORMATION 1 ITN ROD FOUND P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS COTTON GN P'NDLE FOUND D.R.W O.T. DEED RECORDS } CUT 'N CONCRETE FOUND D WILLIAM COUNTY. TEXAS R.W.C.-T. OFF IAL RECORDS CALCUI.ATED PONT WILLIAMSON COUNTY. TEXAS PROPERTY L NE 0 P.R.W C T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS 11 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 SYSTEMY NAD 83, CENTRA' ZONE. THE SURVEY SHOWN HEREOF WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF 22 080032R TROW,ISSUED BY TITLE RESOURCES GUARANTY COMPANYt EFFECTIVE DATE OCTOBER, 02, 2022, ISSUE DATE OCT-OBER 05, 2022. '. RESTRICTIVE COVENANTS: CABINET D, SLIDE 8, PLAN` RE00105 ►-S RECORDED I VOLUME 817, PACE 500, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. Y IN:1`';.THE FOi,I OY IMG M � R S� AFFEC-INCx !HE S-13JEDT PROPERTY AS SHOWN ON PLAT/MAP RECORDED IN CABINET D, SLIDE 328, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS: S' BUILDING LINE ALONG THE NORTHER,_Y PROPERTY LIME"S), SUBJECT TO. D' BUILDING LINE ALONG THE EASTERLY* PROPERTY LINE(S), SUBJECT TO. 10' PU8_IC UTILITY EASEMENT ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINE(S), AFFECTS AS SHOWN. 7.5' PUBLIC JTILITY EASEMENT ALONG THE WESTERLY PROPERTY '_lNE?S}, DOES NOT AFFECT AS SHOWN. G. EASEMENT AND RIGHT OF WAY AS SHOWN IN INSTRUMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY, AND FILED IN VOLUME 585t PACE 9t DEED RECORDS OF WILLIAMSON COUNTYt TEXAS, FROM IT'S DESCRIPTION CAN NOT BE LOCATED. H. EASEMENT AND RIGHT OF WAY AS SHOWN IN INSTRUMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE C +lPANY1 AND FILED IN VOLUME 6401 PAGE T9, DEED RECORDS OF WILLIAMSON CO-iNTY, TEXAS, FROM IT'S DESCRIPTION CAN O( BE LOCATED. I DO H� �BY CERTIFY THAT THE PROPERTY DESCF �BED HEREIN TO EASEMENT AND MIGHT OF WAIF AS SHOWN IN INSTRUMENT DRAt�TED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER TELEPHONE COMPANY, AND FILED IN VOLUME 705, PACE 852p THE DIRECT SUPERVISION OF M. STEPHEN TRUESDALE. L.S.L.S.. DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM IT'S R.P.L.S. NO. 4933 FROM FEBRUARY TO AUGUST 2022 AND F - DESCRIPTION CAN NOT BE LOCATED. DECEMBER, 2023 UDDER MY DIRECT SUPERVISION. G,i i, J. EASEMENT AND RIGHT OF WAY AS SHOWN IN INSTRUMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COWPAN`t AND FILED IN VOLUME 716, PACE 1051 DEET} ..:..............«:.. RECORDS OF WILLIAMSON COUNT', TEXAS, FROM IT'S DESCRIPTION -y r I UEL ANGEL ESCOBAR CAN NOT BE LOCATED. 1211 1/2023 •���**r� AR L.S.L.S. R.P.L.S. .a `..off i h�IIDUEL Aii ES 8 TEXAS RES. NO, 5630 0 A0 61504 CHISHOLM TRAIL ROAD. #103 SURN ROUND ROCK, TEXAS 7868 L.JA-0012023/12/08 TBPELS FIRM NO. 10059100 PARCEL PLAT SHOWING PR PET F I N L A N D LUETTA C. PETERSON- FIGHT, E ori TRUSTEEOF LUETTA C. PETERSON-BRIGHT PARCEL 17 AC PROFESSIONALLANDSURVEYO S ANDFRANK H. BRIGHT JOINT LIVING TRUST -T48 .ISO4 HISHOUM TRAIL RD. M,03 DTD 2,074 . FT. MOUND ROCK,TX.78681 SCALE PROJECT COUNTY PH.(S 1 )238-1 2 ,FAX(5 12)238-1231 FIRM REGISTUTION NO.10059 1-00 ,t � ' RED BUD LANE WILLIAMSON PAGE OF 4 SAL.MRED BUD- ATT -E ER REENIPARCr:L IPAR EL 17-PETER ON ARCF-.17-PETER ON-REV.dam u� LL * D 0 v * + Ln u o 0-4w � L1� O ., P W z 4 at i w l� LU CD LLI # LLI US ICL 4L Ln _j ► F---1 q O CLIJr o Ld a I � CL ' OL D mi V1 _ In on'004 50 I VIS ;I Ha. 1 R, 06 INQ4 �� m w._..uo,.�..,..�.._..� ., ,�.�m..,��_.1��.� a .,n,• �t •+ � .. '4 d" ,�fi�, 10 . i n� ; •: Mau 14fuw w m � cLLA .� ,_. qqui�t ul �• ' UU P b I. 'c i & w -® � _ ns VINTAGE DR. W06b1"ILLII TRAIL ' 011 Y.,r ' .,. IWFLhW€ TRAIL„-LLO tI' owl . � a w` M _* �" .ry sv i PC I.� F. ����,,ay,w ',�„ �II��MI. �M1i mm�4 F �➢ � �IM"`�� "yyl„''M� �.µ;o p i 9 M 4U! ••= it W , M n ', P . , is 04 .o _a dSi _^ dFL I j ° �I Tr mum L ✓,Vr�i 4 "i 99�� ,• fix" ",a ��� ^�, "irr'^ Mme`mm: k _ I . �' ma Baa 4 G, Ia z r � n 0Y{*F k,M pit 9 ILL 00'!'ir,*14 VIS U LMP WO 8uDW_FW0JDd m ; Md LLt0ft� zZo/Etei 3�e - Or LEGEND VA EXISTING R.O.W. A r, 0.r.-VA 1 h—t — PROPOSED q.0.w. _ PARCEL 00"ARY _, Al 3 3` FFfANK H BRIGHT & 1.UETTA PETERSON—BRIGHT 3 - - 5 0 s 25 5 TREES WITHIN = I TIN R 4Y�9 0TO BE REMOVEDPRELIMINARYt TTED FOR REVI_ W� _ TO .REMAIN UNDISTURBED. � � �� _ •� T. ems ��;•fags:. ' RES WITHIN PROPOSED R. .W, —�` � — s 4 HI'TF4 POP R, _ REMOVED = �� B� Elul � T�crlc«,etoot�c 1THIN PROPOSED R.O.W.TREES _ - - s_ _ _ EMV D _�4�_` "�'I T H I N P#U P D R.6.VY. —_ BE REMOVE.J: p < x 3 - •� _ - r , Wit, - - - P O ,TES •- ®� y 9ED R.O. . PU RPOSL PMk35 CM PROSP'EIM _ 4C x_o. TI IG R,0.W. . 1_ - LJA Enginooring,Inc.ALA REB BLD _ANE _ ® e_��--- — PRE' MAP — 17 BRIG-iT PROPERTY REMOVAL WITHIN R.O.W. ------------------------T------------------------I-------- evo_ s B