R-02-03-26-9E2 - 3/26/2002RESOLUTION NO. R- 02- 03- 26 -9E2
WHEREAS, the City Council, upon consideration of the matter,
has determined that there exists a public necessity for the welfare
of the City of Round Rock and the public -at -large to construct and
maintain State Highway 45 and A.W. Grimes Boulevard, and to perform
associated public purposes ( "Project "); and
WHEREAS, the City of Round Rock, has a need to acquire
approximately 0.17 acres of land in Williamson County, Texas, in
fee simple to enable the City to complete the Project; and
WHEREAS, a suit to condemn this property is currently pending
in County Court at Law Number 3 in and for Williamson County, Texas
under cause number 01- 0932 -CC3 and styled the City of Round Rock v.
Dale Werner and Nationshome Corporation; and
WHEREAS, since the institution of this action in the County
Court, the Defendants in the case have expressed a willingness to
settle the condemnation proceedings for the amount of $32,211.75;
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That it is necessary for the welfare of the City and its
citizens and is in the public interest to construct and maintain
State Highway 45 and A.W. Grimes Boulevard, and to perform
associated public purposes and to acquire fee simple title in and
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to the above described land, in order to allow the City and /or its
assigns to complete said Project; and
That the proposed settlement amount of $32,211.75 is a fair
and equitable amount for the settlement of the condemnation case
filed under cause number 01- 0932 -CC3 and styled the City of Round
Rock v. Dale Werner and Nationshome Corporation; and
That the Mayor and /or the city attorney shall be authorized to
execute, on behalf of the City of Round Rock the necessary
documents to effectuate the settlement of this condemnation case
for this amount.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Ordinance was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Ordinance 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 26th day of March, 2002.
ATTEST:
CHRISTINE R. MARTINEZ, City Secr
ROB . STLUKA, JR., Mayor
City of Round Rock, Texas
2
DATE: March 20, 2002
SUBJECT: City Council Meeting — March 26, 2002
ITEM: *9.E.2. Consider a resolution authorizing the Mayor to execute settlement
documents regarding a condemnation case against Dale Werner and
Nationshome Corporation for right -of -way for A. W. Grimes
Boulevard.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: The widening of A. W. Grimes Boulevard will accommodate increased traffic on
A.W. Grimes Boulevard and will improve safety.
Funding:
Cost: $32,211.75
Source of Funds: Round Rock Transportation System Development Corporation.
Outside Resources: Sheets & Crossfield, P.C.
Sponsor: N/A
TO: City Council
FROM: SLS
DATE: 3/26/02
Status of negotiations (each parcel):
MEMORANDUM
RE: A.W. Grimes/CR170 Project
Acquisition Summary —Dale Wemer and Lloyd Harrison acquisitions
Acquisition description (each parcel):
1. .17 acre fee simple acquisition out of 2.5 acre parent tract (see attached map for location)
NOTE: There are two identical and adjacent tracts involved in this acquisition, one owned by Mr.
Werner, and one owned by Mr. Harrison. Both tracts were sold to Nationshome Corporation during
the pendency of this action. All facts are identical for each of the two parcels.
2. Initial appraised value of $23,696 ($3.20 /square foot) offered on January 9, 2001.
3. Possession and use agreement executed in retum for payment of$26,055 ($3.50 /square foot)
on June 14, 2001.
4. Updated appraisal amount of $26,055 ($3.50 /square foot) on January 28, 2002.
5. Defendants made demand of $42,578 ($5.75 /square foot) on February 1, 2002.
6. Round Rock offered payment of $31,101 ($4.20 /square foot) on February 25, 2002.
7. Defendants made demand of $33,322.50 ($4.50 /square foot) on February 28, 2002.
8. Proposed settlement amount (each parcel): $32,211.75 ($4.35 /square foot)
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