BCRUA_R-15-01-21-7A RESOLUTION NO. R-15-01-21-7A
WHEREAS, in order to promote the public health, safety and welfare, it is necessary for the
BCRUA to acquire a site for a permanent raw water intake facility and related appurtenances; and
WHEREAS, the BCRUA has previously determined that a parcel of land owned by Gary
Gross and Cathy Gross and situated in Travis County, Texas containing 5.217 acres, as more fully
described in Exhibit"A", (the "Property") was suitable for the said intake facility; and
WHEREAS, the City of Leander, on behalf of the BCRUA, filed a petition for condemnation
to acquire the Property; and
WHEREAS, on September 25, 2014 a Special Commissioners hearing was held and the
Special Commissioners determined that Gary Gross and Cathy Gross were entitled to the sum of One
Million Seven Hundred Twenty Four Thousand Six Hundred and Twenty Dollars ($1,724,620.00) for
their respective interests in the Property; and
WHEREAS, it is necessary and proper for the BCRUA to reimburse Leander for the cost of
acquiring the Property; Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK
REGIONAL UTILITY AUTHORITY THAT
The Board approves the payment of One Million Seven Hundred Twenty Four Thousand Six
Hundred and Twenty Dollars ($1,724,620.00) to the City of Leander for the cost of acquiring the
Property.
The Board 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 21 st day of January, 2015.
KRIS WHIT LD, President
Brushy Creek Regional Utility Authority
ATTEST:
Jo ux, cretary
2
METES AND BOUNDS DESCRIPTION
OF A
5.217 ACRE TRACT OF LAND
SITUATED IN THE JOHN STEWART SURVEY NO.551
AND THE ROBERT FOSTER SURVEY NO.31,
TRAVIS COUNTY,TEXAS
BEING A 5.217 ACRE (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN G
STEWART SURVEY NO. 551 AND THE ROBERT FOSTER SURVEY NO. 31, TRAVIS COUNTY,
TEXAS; SAID 5.217 ACRE TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF
TRACT 2(CALLED 1.069 ACRES)AND A PORTION OF TRACT 3(CALLED 10.068 ACRES)WITH
ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L. GROSS AND WIFE,
CATHY L. GROSS, AS RECORDED IN VOLUME 11546, PAGE 1498 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY,TEXAS(R.P.R.T.C.T.),AND ALSO BEING A PORTION OF THAT
CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY
DEED TO GARY L. GROSS AND WIFE, CATHY L. GROSS, AS RECORDED IN VOLUME 12817,
PAGE 1043, R.P.R.T.C.T.; SAID 5.217 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 112-Inch iron rod found for the northernmost corner of the herein described tract and
said Tract 2, same being the easternmost corner of Lot 1, Lake Travis Subdivision No. 6, recorded in
Volume 4, Page 157 of the Plat Records of Travis County, Texas (P.R.T.C.T.), and also being on the
westerly right-of-way(R.O.W.)line or Bemard Street(having a width of 50 feet at this location),and being
located at Texas State Plane Coordinate grid position N=10,135,754.8226 and Er3,057,450.2885;
THENCE, South 28 degrees 30 minutes 50 seconds West,with the common westerly R.O.W.line of said
Bernard Stet and the easterly line or said Tract 2,sante being the easterly line of said Lot 1,a distance of
104.96 feet to a 112-Inch Iron rod found for a corner of the herein described tinct and marking the
northernmost corner of said Tract 1, same being the northernmost corner of Lot 12, Lake Travis
Subdivision No.2,recorded in Volume 4,Pages 82-83,P.R.T.C.T.,said point also marking the intersection
of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of]ackson Street
(having a width of 50 feet at this location);
THENCE,South 33 degrees 24 minutes 12 seconds East, with the common southwesterly R.O.W.Une of
said Jackson Street and the northeasterly line of said Tract 1,same being the northeasterly line of said Lot
12,a distance or 170.19 feet to a 112-inch iron rod with orange plastic cap stamped"Wallace Group"set for
a comer of the herein described tract;
THENCE,South 51 degrees 48 minutes 33 seconds West,departing the southwesterly R.O.W.line of said
Jackson Street,traveling partway across the interior of said Tract 1,same being said Lot 12,partway across
the interior of said Tract 3,same being said 10.068 acre tract,and partway across the interior of said 5.163
acre tract,a distance of 910.86 feet to a 112-inch Iron rod with orange plastic cap stamped"Wallace Group"
set for the southernmost comer of the herein described tract and being on the southwesterly line of said
5.163 acre tract;
Page 1 of 2
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Description of a 5.217 acre tract(continued)
THENCE,with the southwesterly line of said 5.163 acre trace,the following three(3)courses and distances:
1) North 09 degrees 54 minutes 18 seconds West,a distance of 53.10 feet to a 112-Inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
2) North 33 degrees 22 minutes 57 seconds West,a distance of 70,89 feet to a 1/2-inch Iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
3) North 15 degrees 24 minutes 59 seconds West, a distance of 189.50 feet to a 112-inch iron rod
found for the westernmost corner of said 5.163 acre tract and the herein described tract, same
marking the southernmost corner of that certain called 2.763 acre tract of land described in a
Special Warranty Deed to Jean 1.Ringer,as recorded in Volume 13203,Page 148,R.P.R.T.C.T.;
THENCE, with the common northwesterly line of said 5.163 acre tract and the southeasterly line of said
2.763 acre tract,the following two(2)courses and distances:
1) North 56 degrees 56 minutes 36 seconds Last,a distance of 98.46 feet to a 1/2-inch iron rod found
for a corner of the herein described tract;
2) North 56 degrees 49 minutes 43 seconds Last,a distance of 428.18 feet to a I/2-inch iron rod found
for a comer of the herein described tract, said point marking tate common northernmost corner of
said 5.163 acre tract,the easternmost comer of said 2.763 acre tract,and the westernmost corner of
said 1.069 acre tract;
THENCE, North 56 degrees 52 minutes 06 seconds East, with the northwesterly line of said 1.069 acre
tract, and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF
BEGINNING and containing 5.217 acres(227,259 square feet)of land, more or less,based on the survey
and drawing made by The Wallace Group,Inc.,Round Rock,Texas In July of 2013.
That 1, Daniel M. Flaherty, 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 direction and supervision.
��iyo1STrA,y
i?IINIr<'l K FI.AHERT1f
...{.............._...........
The(fDaritWallace Group,' Inc L.S.No.5004 Opo 5004 �� 4
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,!RFs s,►,a.'yO
One Chisholm Trail,Suite 130 Sl1R`l�
Round Rock,Texas 78681
Ph.(512)248-0065
22951-IFN05.doc 7-2 -
Date
Page 2 of 2
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