R-01-11-20-13C2 - 11/20/2001RESOLUTION NO. R- 01- 11- 20 -13C2
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 and the public -at -large to construct,
expand, widen and maintain improvements to State Highway 45, and to
perform associated public use and purposes ( "Project "); and
WHEREAS, the City of Round
:OO"A \"ORLOOX \O: \WOOx \RESOLOTI \R11120C2 ."PO /dlc
Rock, hereby finds that it is a
necessity and in the public interest to acquire approximately
1.089 acres of land in Williamson County, Texas, in fee simple,
said land more particularly described in Exhibit "A ", attached
hereto and incorporated herein by reference for all purposes
( "Property "); and
WHEREAS, the City Attorney has continued to engage in good
faith negotiations with the landowner, and to this point has been
unable to agree on the amount of compensation to be paid the
landowner for the acquisition of the Property; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That it is necessary for the welfare and public mobility of
the City and its citizens and is in the public interest to
construct, expand, widen and maintain State Highway 45, and to
perform associated public use and purposes and to acquire fee
simple title in and to the above described land, in order to allow
the City and /or its assigns to complete said Project.
That the City Attorney is authorized to continue good faith
negotiations to purchase the required property interests.
That if it is determined that the purchase of these property
interests cannot be reached after a bona fide offer to pay the fair
market value for the property sought, then the City Attorney is
further authorized to initiate proceedings in eminent domain
against the owners and interested parties of the Property to
acquire fee simple title in and to the above described land in
order to allow the City and /or its assigns to complete said
Project, and to perform and undertake all other proceedings or
tasks necessary to complete the acquisition of the Property.
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.
ATTEST:
RESOLVED this 20th day
.er, 2001.
/ Ai
ROE R A. STLUKA, JR.,(/Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
2
County: Williamson
Parcel No.: 148
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ: -
PART 1
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 148
Page 1 of 5
June 15, 2000
DESCRIPTION OF A 0.882 ACRE (38,414 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 138.543 ACRE TRACT OF LAND (TRACT I), THE
REMAINDER OF A CALLED 0 363 ACRE TRACT OF LAND (TRACT II), AND THE REMAINDER OF A
CALLED 0 928 ACRE TRACT OF LAND (TRACT III) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.882 ACRE (38,414 SQUARE
FEET) TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS
PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the east Right -
of -Way (ROW) line of Jazz Street (a 70 -foot wide ROW) dedicated in Remington Heights, Phase I, Section A a
subdivision of record in Cabinet N, Slide 238 of the Plat Records Williamson County, Texas (P.R.W.C.TX.), same
being the west line of said Tract III, also being in the proposed south ROW line of State Highway 45, for the
southwest corner of the tract described herein, and being 262.82 feet right of Survey Baseline Station 615 +85.49,
from which a 1/2 -inch iron rod found bears S 16° 33' 52" E, a distance of 545.51 feet;
1) THENCE with the common line of Jazz street, and said Tract III, N 16° 33' 52" W, a distance of 113.72
feet to a calculated point, for the common corner of a tract of land dedicated to the City of Round Rock for
Public Right of Way purposes, executed on October 21', 1999 (recording information not available as of
June 15 2000), and the northwest corner of the remainder of said Tract III, also being the northwest
corner of the tract described herein;
2) THENCE leaving said common line with the common line of said City of Round Rock tract and the
remainders of said Tract III, Tract II, and Tract I N73 °30'23 "E, a distance of 488.85 feet to a calculated
point in the west ROW line of Warner Ranch Drive (having a variable width R.O.W.) as shown on the plat
of Warner Ranch Phase 1 -A, recorded in Cabinet S, Slide 25 -28 of the P.R.W.C.TX., and being the
northeast corner of the tract described herein;
3) THENCE with said ROW line, S09 °57'47 "E, a distance of 92.77 feet to a Texas Department of
Transportation (TxDOT) Type II concrete monument set, same being the southeast corner of the tract
described herein and being 264.77 feet right of Survey Baseline Station 620+62.79;
THENCE crossing said Tract I, Tract II, and Tract III, the following six (6) courses and distances, numbered 4
through 9:
4) N 61° 21' 10" W, a distance of 38.10 feet to a TXDOT Type II concrete monument set, being 236.47 feet
right of Survey Baseline Station 620 +37.28,
FN1756R 20081 -20
Page 2 of 5
June 15, 2000
5) with the arc of a curve to the right a distance of 179.53 feet through a central angle of 01° 46' 25 ", having a
radius of 5800.00 feet, and whose chord bears S 68° 11' 39" W, a distance of 179.53 feet to a TXDOT Type
II concrete monument set, being 244.25 feet right of Survey Baseline Station 618 +57.92,
6) S 74° 21' 59" W, a distance of 151.66 feet to a TXDOT Type II concrete monument set, being 234.50 feet
right of Survey Baseline Station 617 +06.57,
7) with the arc of a curve to the right passing at an arc distance of 3.42 feet a TXDOT Type II concrete
monument set, being 234.50 feet right of Survey Baseline Station 617 +03.15, continuing for a total arc
distance of 46.53 feet, through a central angle of 00° 27' 38 ", having a radius of 5788.00 feet, and whose
chord bears S 70° 48' 23" W, a distance of 46.53 feet to a TXDOT Type II concrete monument set, being
234.43 feet right of Survey Baseline Station 616 +60.48,
8) S 70° 59' 21" W, a distance of 45.79 feet to a TXDOT Type II concrete monument set, being 234.32 feet
right of Survey Baseline Station 616 +15.15, and
9) S 27° 11' 26" W, a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.882 acre
(38,414 square feet) of land, more or less.
PART 2
DESCRIPTION OF A 0.207 ACRE (8,996 SQUARE FEET) TRACT OF LAND LOCATED IN THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 138.543 ACRE TRACT OF LAND (TRACT I) CONVEYED IN THE SPECIAL WARRANTY DEED
TO VILLAGES AT WARNER RANCH PUD, LP AS RECORDED IN DOCUMENT NO. 199965664 OF THE
OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.207 ACRE (8,996 SQUARE FEET)
TRACT, AS SHOWN ON THE RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Texas Department of Transportation (TxDOT) Type II concrete monument set in the west Right -
of -Way (ROW) line of County Road 170 (a varying width ROW, no recording information found), same being the
east line of the remainder of said 138.543 acre tract, also being in the proposed south ROW line of State Highway
45, for the southeast corner of the tract described herein and being 211.50 feet right of Survey Baseline Station
629 +30.95, from which a 1/2 -inch iron rod found in said common line bears S 54° 10' 38" E, a distance of 512.78
feet;
THENCE crossing the remainder of said 138.543 acre tract with the proposed south ROW line of said State
Highway 45 the following four (4) courses and distances, numbered 1 through 4:
I) S 70° 40' 42" W, a distance of 189.05 feet to a TXDOT Type II concrete monument set, being 211.50 feet
right of Survey Baseline Station 627+41.90,
2) S 75° 16' 28" W, a distance of 149.76 feet to a TXDOT Type II concrete monument set, being 199.50 feet
right of Survey Baseline Station 625 +92.62,
3) with the are of a curve to the left an are distance of 391.14 feet, through a central angle of 03° 55' 29 ",
having a radius of 5710.00 feet, and whose chord bears, S 68° 42' 58" W, a distance of 391.06 feet to a
TXDOT Type II concrete monument set, being 212.89 feet right of Survey Baseline Station 622 +01.79, and
4) S 28° 22' 08" W, a distance of 46.30 feet to a TXDOT Type II concrete monument set in the east ROW line
of Warner Ranch Drive (having a variable width ROW) as shown on the plat of Warner Ranch Phase 1 -A,
recorded in Cabinet S, Slide 25 -28, of the Plat Records of Williamson County, Texas, same being a west
line of the remainder of said 138.543 acre tract, being 244.62 feet right of Survey Baseline Station
621 +67.55, from which a 1/2-inch iron rod with a plastic cap found in said common line bears,
S09 ° 57'47 "E, a distance of 58.27 feet;
FN1756R 20081 -20
5) THENCE with said common line, N 09° 57' 47" W, a distance of 66.74 feet to a calculated point for the
west common corner of the remainder of said 138.543 acre tract, and a tract of land conveyed to the City of
Round Rock for "right -of -way purposes ", executed October 21, 1999, no recording information available
as of June 15, 2000, and being the northwest corner of the tract described herein, from which a 1/2-inch iron
rod with a plastic cap found in said east R.O.W. line, same being the west line of said City of Round Rock
tract, bears, N09 °57'47 "W, a distance of 100.00 feet;
THENCE with the south line of said City of Round Rock tract, same being a north line of the remainder of said
138.543 acre tract the following three (3) courses and distances, numbered 6 through 8:
6) N 73° 30' 23" E, a distance of 659.04 feet to a calculated point,
7) N 00° 02' 14" W, a distance of 10.50 feet to a calculated point, and
8) N 69° 13' 25" E, a distance of 81.97 feet to a calculated point in the west Right -of -Way line of said County
Road 170, same being the east line of the remainder of said 138.543 acre tract and being the northeast
corner of the tract described herein;
9) THENCE with said common line, S 54° 10' 38" E, a distance of 15.57 feet to the POINT OF
BEGINNING and containing 0.207 acre (8996 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
That I, Michael R. Hatcher, 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 June 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 16 day of June, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
Page 3 of 5
June 15, 2000
Micha I R. Hatcher
Regis eyed Professional Land Surveyor
No. 4259 - State of Texas
FN1756R 20081 -20
- PARCEL INFORMATION BLOCK
PARCEL N0.
T 20065". -
148
102 0C.
PART 1
130,4.014 50. FT.)
DEED ACREIGE
REM9NDER
439.034 AC,
130.95 AC.
(6.091,169 5O. FT.)
(6.052.662
615.0$.49
' t4MSON COUNTY TEXAS
SCALE
=100'
xc eot
STATE OF TEXAS
1
VOL. 1544, PG. 20
O.R.W.C.Tx.
CITY OF ROUND ROCK
DEED. . - OR "PUBLIC RIGHT -OF -WAY PURPOSES"
EXECUTED OCTOBER 21, 1999
RCORDfNG INFORMATION NOT AVAILABLE AS
OF JUNE 15, 2000
' "N73° 30'23 "E
488.85'
]932.234
E- 3140608.0725
P.O.R
NOTES
L1 L2
S27° 11'26 "W S70 59'21(IN
41.50' 45.79'
L3
N61 °. 21'10 "W...
38.10'
6n•o6s7 618.57,92 PROPOS R LINE
- 234.50' RT 244.25' RT 620.62.79 264.77' RT
616.1515 VILLAGES AT WARNER RANCH PUD, L.P.
234.32' RT REMAINDER
CALLED 138.543 ACRES
DOC. No. 199965664
O.P.R.W.C.Tx.
C1
4.01° 46'25"
R- 5800.00'
L- 179.53'
T- 89.77'
CB•568 11'39 "W
C- 179.53'
C2
4.00° 27'38"
R- 5788.00'
L- 46.53'
T- 23.27'
CB -S70° 48'23 "W
C- 46.53'
° MEMUCAN HUNT
SURVEY A -319
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS
NOT SHOWN.
DETAILS ARE NOT DRAWN TO SCALE.
S
(0RVEYING•AERIA NAPPING•ENBINEERING
4029 Capi101 of Terms Highway, S0.
INC. erode Oaks Pr010ssipmlPMm. Suite 125
Austin. Texas 78704
(512) 447-0515
Fax: (512)326-3029
ASA THOMAS SURVEY A -609
STATE HWY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.)
C3
4.00 °02'02"
R- 5788.00'
L -3.42'
T -1.71'
CB -S70° 38'31 "W
C-3.42'
DETAIL C
C2 C3
I 617.03.15 617-06.57 1
234.50' RT 234.50' RT
•
APPROXIMATE LOCATION OF SURVEY LINE
TRACT I
N 70' 40' 43" E 5060.48'
SURVEY BASELINE
EXISTING R.O W. LINE
RVEY BASELINE
CURVE DATA
P1 Sta 608-79.45
N - /0150946.5082
E - 3/398561589
0- 4' 07' 13" (LTI
D - 0'15'00'
L - 16481/'
T - 824.41'
R - 229/829'
PC 5ta 600.55.04
PT 507 617.0315
LEGEND
▪ TYPE 'CONCRETE MONUMENT FOUND
CI TYPE N CONCRETE MONUMENT FOUND
IN TYPE NCONCRETE MONUMENT SET
• %" PIPE FOUND UNLESS NOTED
O V" IRON R00 SET W/ TXDOT CAP UNLESS NOTED
• %1" IRON ROD FOUND 188E55 NOTED
M 60 0 NAIL SET 1.01LES5 NOTED
• 60 0 NAIL FOUND UNLESS NOTED
O CALCULATED POINT
• PROPERTY LNE
4. CENTER LINE
[ 3 RECORD INFORmATioN
PAL& POINT OF BEGINMNG
P.C. POINT OF COMMENCNG
6.0.6. POINT OF REFERENCE
P.C. POINT OF CURVATURE
• POINT OF TANGENCY
NT NON- TANGENT CURVE
rs IRON ROD FOUND
rf WON PIPE FOUND
E. PUBLIC UTLITY EASEMENT
OFFICIAL PUBLIC RECORDS WLLIAMSON
COUNTY, TEXAS
0.1w.C.1 *. OFFICIAL RECORDS 011116M50N COUNTY, TEXAS
°. PLAT RECORDS WILLIAASON COUNTY. TEXAS
OAw.t.1.. DEED RECOR05 WLL.NA50N COUNTY, TEXAS
RIGHT -OF -WAY PLAT PAGE 4 OF 5
SHOWING PROPERTY OF REF. FIELD
VILLAGES AT WARNER RANCH PUD, L.P. NOTE NO. 1756R
PARCEL 148 PART 1
PARCEL INFORMATION BLOCK
PARCEL N0.
TARING ACRES
46
0.207 AC.
PART 2
(9,017 50. FYI
DEED ACREAGE
MAUNDER
136.543 AC.
.934.933 SO -FT "'
139.59 A l
16,080,540 50. FT.)
s.r_ G._i T Pti
MI H
REG
621.67.55
244.62' RT 4, L4
M�
659.04'
'
o tirRO( p FO S
�
DETAIL B
RE,C O �Y
3 81.97' '41/
JtiF F
O
O
189.05'
DETAIL C
659.04'
C10�
625.92.62
199.50' RT
LEGEND
SURYE986.AENAL MAPPING•ENGINEERING
149.76'
TYPE !CONCRETE MONUMENT FOUND
e TYPE 9 CONCRETE MONUMENT FOUND
TYPE II CONCRETE MONUMENT SET
%" PIPE FOUND UNLESS NOTED
V? IRON ROD SET W/ TXDOT CAP UNLESS NOTED
/z' IRON ROD FOUND UNLESS NOTED
60 0 NAIL SET UNLESS NOTED
60 D NAL FOUND UNLESS NOTED
CALCULATED PONT
PROPERTY LP(
R CENTER LNE
[ 1 RECORD INFORMATION
P.A. POINT OF BEONNING
P.A. PORT OF COMMENCING
P.R. POINT OF REFERENCE
P.C. POINT OF CURVATURE
POINT OF TANGENCY
NT NON . TANGENT CURVE
Y. IRON ROD FOUND
FF IRON PPE FOUND
P.U.E. PUBLIC UTILITY EASEMENT
03.8.8.0.7°. OFFICIAL PUBLIC RECORDS WLLINASON
COUNTY, TEXAS
0 AMA K. OFFICIAL RECORDS WILLIAMSON COUNTY. TE8AS
PAW .. PLAT RECORDS wELIAM508 COUNTY, TE4AS
0.8.86.88. DEED RECOR05 WILLIAMSON COUNTY. TEXAS
c
F O r%
x'9'96. 9'PT
9
-90,, 44 ;Pee s`
S •J
c� 1)p, Op F O p �
o A J L o '
• • +6s6c
C4 ,A
A•03 °55'29"
R.5710.00'
L.391.14'
T.195.65'
CB•568° 42'58 "W
C•391.06'
L4
S28° 22'08 "W
46.30'
R. HAT
TERED PROFESSIONAL LAND SURVEYOR
N0. 4259. STATE OF TEXAS
O. /. • C'
Y O
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
P.O.B.
PARCEL 148
PART 2
629.30.95
211.50' RT
N- 10151425,93048
E- 3141862.75591
OD_
P1tp
.-N
v u>
MILLIAMSON COUNTY. TEXAS
SCALE
T' =100'
o �\
p°_ 5 0 0
� t" \
o ? r , ? c . s_
G
4029 Capital M Texas Highway, s9. RIGHT -OF -WAY PLAT PAGE 5 OF 5
66 7 09ks Professional Plaza, REF. FIELD
SHOWING PROPERTY OF
810 Tmes 78706
Fa' (512�3�29 VILLAGES AT WARNER RANCH PUD, L.P. PAARCEL 14s756R
PART 2 /
DATE: November 15, 2001
SUBJECT: City Council Meeting — November 20, 2001
11EM: * 13.C.2. Consider a resolution determining the public necessity for the
acquisition of 1.089 acres of land for the proposed State
Highway 45 project, authorizing the continued negotiation
for the purchase of the land, and if necessary, authorizing the
City Attorney to initiate eminent domain proceedings to
acquire this needed property.
Resource: Steve Sheets, City Attorney
Julie Wolff
History: This resolution will allow the City Attorney to negotiate for the purchase
of the required land, and initiate eminent domain proceedings to acquire
the necessary tracts from property owners within the path of proposed
State Highway 45. The construction of State Highway 45 will
accommodate new development and traffic in the City of Round Rock_
Funding:
Cost: To be determined
Source of Funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfield, P.C.
Impact /Benefit: Increased east/west mobility in the City.
Public Comment: N/A
Sponsor: N/A