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R-02-03-26-9E3 - 3/26/2002RESOLUTION NO. R- 02- 03- 26 -9E3 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- 0933 -CC1 and styled the City of Round Rock v. Lloyd Howard Harrison, Jr. 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 ii ODMA\ WORLDOX\ 0 : \WDOX \RRSOLUTI \R2032683.WPD /dc 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- 0933 -CC1 and styled the City of Round Rock v. Lloyd Howard Harrison, Jr. 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. ATTEST: RESOLVED this 26th day of CHRISTINE R. MARTINEZ, City Secreta u- 2002. 4 I Ad �� / SA iff RO STLUKA, JR., 0' A. City of Round Rock, Texas 2 DATE: March 20, 2002 SUBJECT: City Council Meeting — March 26, 2002 ITEM: *9.E.3. Consider a resolution authorizing the Mayor to execute settlement documents regarding a condemnation case against Lloyd Howard Harrison, Jr. and Nationshome Corporation for right -of -way for A. W. Grimes Boulevard. Resource: Steve Sheets, City Attomey Julie Wolff, Legal Assistant History: The widening of County Road 122 will accommodate increased traffic on County Road 122 and will improve safety. Funding: Cost: $32,211.75 Source of Funds: Outside Resources: Sheets & Crossfield, P.C. Sponsor: N/A Round Rock Transportation System Development Corporation. Acquisition description (each parcel): MEMORANDUM TO: City Council FROM: SLS DATE: 3/26/02 RE: A.W. Grimes /CR170 Project Acquisition Summary—Dale Wemer and Lloyd Harrison acquisitions 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. Status of negotiations (each parcel): 2. Initial appraised value of $23,696 ($3.20 /square foot) offered on January 9, 2001. 3. Possession and use agreement executed in return 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) : ODMA\ WORLDOX\ 0:\ WDOXUCORR\ TRANSPRTGR IMES\HARRISONNMEMO \OOO22475. WPD /djc 3 � $. 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