R-86-817 - 1/23/1986WHEREAS, in order to provide timely utility service for the pubic
health and safety of Round Rock it is necessary to acquire easements for
the placement of public utilities; and
WHEREAS, the route of the easement has been based on proper engineering
principles and planned to have minimum impact on the property in value;
and
WHEREAS, the staff of the City of Round Rock has attempted to acquire
a Public Utility Easement from Mr. and Mrs. James Lax; and
WHEREAS, the cash offer of the City of Round Rock has not been accepted;
and
WHEREAS, the easement affecting the Lax property has been appraised
and an offer based on that appraisal has been made and not accepted; and
WHEREAS, the need to acquire and take possession of the easement
is becoming critical, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Council finds that negotiations have been conducted with
the owners and further finds that the City of Round Rock and the owners
have been unable to agree upon the value of the easement or the damages
to their property and further finds that the alignment of the easement
has been located according to proper engineering principles and further
that the City Attorney is hereby and directed to proceed to
acquire through eminent domain proceedings a public utility easement over,
across and under certain property owned by Mr. and Mrs. James Lax and
described as follows:
ATTEST:
RESOLVED this 23rd day of January, 1986.
LAND, City Secretary
RESOLUTION NO. Af1 /,
See Attached Exhibit "A"
MIKE ROBINSON, Mayor
City of Round Rock, Texas
FIELD NOTES describing an easement, being a 10.50 foot then 15.0 foot wide
permanent easement and a temporary construction easement fifty (50) feet in
width, for the purpose of construction and maintenance of a sanitary sewer line
and being upon the eastern portion of Lot 3 and the western portion of Lot 4,
Block One in Egger's Acres, Revision No. 1, recorded in Volume 2, Page 140 of
the Plat Records of Williamson County, Texas, said Lots or portions thereof
being conveyed to James E. Lax and wife, Marilyn A. Lax, and described in a
deed recorded in Volume 1035, Page 278 of the•Deed Records of said.County, said
permanent easement is more fully described by metes and bounds as follows:
BEGINNING at a point in the West line of said Lax property, SO4 °18'E, 86.24
feet from an iron pin found at the Northwest corner of said property for the
Northwest corner hereof; .
THENCE S83 °12'E, 3.06 feet, 15.50 feet northerly of and parallel to an existing
sanitary sewer line situated in a ten (10) foot wide easement found of record
in Volume 546, Page 675 of said Deed Records;
THENCE N81 °05'E, departing from said existing easement and being '7.50 feet
northerly of and parallel to this proposed sanitary sewer line, 128.62 feet to
a point in the East line of said Lax tract for the Northeast corner hereof;
THENCE S01 °32 "E, 15.13 feet along said East line to the Southeast corner
hereof;
THENCE 581 °05'W, being 7.50 feet Southerly of and parallel to this proposed
sanitary sewer line, 112.14 feet to a point in the North line of said existing
easement;
THENCE N83°12'W along said North line, being 5.0 feet northerly of and parallel
to said existing sanitary sewer line, 19.06 feet to a point in the West line of
said Lax tract for the Southwest corner hereof;
THENCE NO4 10.70 feet along said West line to the POINT OF BEGINNING of
this described easement containing 1922 square fe=t or 0.044 acres of land,
TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement shall exist 17.50 feet northerly and 32.50
feet southerly of, parallel and adjacent to the North line of the
aforedescribed easement.
L, GE
0 /.FO/1 P /PE FeU,vQ
7EMP4fwe' eOUSYRU!T74U E.9SENJE,v>
1 k/Asre wrEPLvim -
✓ r/.— EX /sr/.VG WASTEWATEQ G /.('E
— — -- , .9oPOt2O E9JE•EA/T
FIELD NOTES FOR A TEN AND ONE —HALF FOOT WIDE
SANITARY SEWER EASEMENT
LOTS 38 & 4A, EGGERS ACRE'S REVISED
JAMES E. LAX
•
tO
S
PO/. /T OF 6EG/A/.t//
, /Dave
/0.7o —
Exhibit "A"
o'E .
. " "5,4
re E�J EMEUl
!, SSG P6C - fi `
;5.;
h o Q
o ti
/O6. /O3 5 /'G. Z7dl 1,)7
DATE: January 21, 1986
SUBJECT: Council Agenda, January 23, 1986
ITEM: 11G - Consider a resolution authorizing the City Attorney to institute
eminent domain proceedings for the Onion Creek Interceptor Sewer
Line for property onwed by Mr. and Mrs. James Lax.
The City and the property owner have been unable to agree as to the value of
the easement and time is of the essence and we must proceed with legal action in
order for the project to proceed on schedule.
Q/yJ
C°" ire° 9400A)
1 4,314
J