R-98-12-22-10A10 - 12/22/1998Section 1. The City Council hereby finds and determines that
it is necessary for the welfare of the City and its citizens and is
in the public interest to acquire fee simple title to the Property
for right -of -way and associated public purposes.
RESOLUTION NO. R- 98- 12- 22 -10A10
A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF FEE SIMPLE TITLE TO
APPROXIMATELY 0.118 ACRES OF LAND FOR RIGHT -OF -WAY
AND ASSOCIATED PUBLIC PURPOSES; AUTHORIZING THE CITY
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, upon consideration of the matter,
has determined that there is a public necessity for the welfare of
the City and the public -at- large, to acquire certain real property
for right -of -way and associated public purposes; and
WHEREAS, in accordance with the above, the City Council,
hereby finds that it is in the public interest to acquire fee
simple title to certain real property for the above stated public
purposes; and
WHEREAS, the real property to be acquired for such purposes
is an approximate 0.118 acres of land, in Williamson County, Texas,
owned by Gattis School Road Joint Venture II, and is more
particularly described in Exhibit "A ", attached hereto and
incorporated herein by reference (the "Property ");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ROUND ROCK, TEXAS,
R:\ WPDOCS \RESOLOTI \RB1222A.1QW /cdc
Section 2. The City Attorney or its designated attorney, is
hereby authorized on behalf of the City to attempt to agree on
damages and compensation to be paid to owners of the Property. If
it is determined that an agreement as to damages and compensation
cannot be reached, then the City Attorney is hereby authorized to
file or cause to be filed, against the owners and interested
parties of the Property, proceedings in eminent domain to acquire
fee simple title to the Property.
Section 3. It is the intent of the City Council that this
resolution authorizes the condemnation of all property required to
construct a road. If it is later determined that there are any
errors in the descriptions contained herein or if later surveys
contain more accurate revised descriptions, the attorney for the
County is authorized to have such errors corrected or revisions
made without the necessity of obtaining a new resolution of the
City Council authorizing the condemnation of the corrected or
revised Property.
Section 4. The findings of fact, recitations of provisions set
in the preamble of this Resolution are adopted and made a part of
the body of this resolution, as fully as if the same were set forth
herein.
Section 5. This Resolution shall become effective immediately
from and after its approval.
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
2
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 22nd day of Decembe , 1998.
ATTEST:
NE LAND, City Secretary
3
CHARLES CUL•EC'. R, Mayor
City of Round Rock, Texas
DESCRIPTION
FOR A 0.118 -ACRE TRACT OF LAND SITUATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 OF WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A 2.00 -ACRE TRACT
OF LAND CONVEYED TO GATTIS SCHOOL ROAD JOINT VENTURE
BY INSTRUMENT RECORDED IN DOCUMENT NO. 9716449 OF
THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.118 - ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING on a iron pipe found on a point in the existing
southerly right -of -way line of Louis Henna Boulevard (right -of-
way width varies), same being the most northeasterly corner of
said 2.00 -acre tract, same being the most northwesterly corner
of a tract of land conveyed to the Estate of O.G. Wilson by
instrument recorded in Volume 353, Page 553 of the Deed Records
of Travis County, being the most northeasterly corner and POINT
OF BEGINNING hereof;
THENCE departing the existing southerly right -of -way line of
said Louis Henna Boulevard, with the easterly boundary line of
said 2.00 -acre tract, same being the westerly boundary line of
said "Estate of O.G. Wilson" tract, S27 ° 19'53 "W (Bearing
Basis /Directional Control Line) for a distance of 1 18.59 -feet to
a capped iron rod set on a point for the beginning of a curve,
being the most southerly corner hereof, and from which point an
iron rod set on a point for the most southerly corner of said
2.00 -acre tract bears S27 ° 19'53 "W a distance of 478.58 -feet;
THENCE departing the westerly boundary line of said "Estate of
O.G. Wilson" tract, through the interior of said 2.00 -acre tract
of land, with the arc of said curve to the left, having a radius
of 8 7.50 -feet, a central angle of 89 ° 00'56 ", an arc length of
13 5.94 - feet, and a chord which bears N61 ° 56'30 "W for a distance
of 1 22.68 -feet to a capped iron rod set on a point of tangency
in the existing southerly right - of - way line of Louis Henna
Boulevard for the most northwesterly corner hereof, and from
which point an iron rod found on a point for the most
northwesterly corner of said 2.00 - acre tract, same being the
most northeasterly corner of a 2.00 - acre tract of land conveyed
to Strandtech, Inc. by instrument recorded in Document No.
9533369 of the Deed Records of Williamson County, bears
S73 ° 40'35 "W a distance of 2 35.24 - feet;
THENCE with the existing southerly right -of -way line of Louis
Henna Boulevard, same being the northerly boundary line of said
2.00 - acre tract of land, N73 ° 40'35 "E for a distance of 169.54 -
feet to the POINT OF BEGINNING and containing 0 .118 - acre of
land.
Surveyed under the direct superviis ioonn of the undersigned:
M. hen rue e e
Registered Professional Land Surveyor No. 4933 Date
Baker Aicklen & Associates, Inc.
203 E. Main Street
Round Rock, Texas 78664
gatrow2.doc
SCALE: 1" = 100'
AIRS= CAPPED IRON ROD SET
•16F= IRON R00 FOUND
OIPF= IRON PIPE FOUND
P.O.B.= POINT OF BEGINNING
LEGEND
<s
As Prepared By:
M. Stephen Truesdale, R.P.L.S. #4933
203 E. Main Street, Suite 201
Round Rock, Texas 78664
-Tel. (512)244 -9620
SKETCH TO ACCOMPANY DESCRIPTION
GO rTIS SCHOOL
ROAD JOINT
VENTURE
DOC. 97/6449
�r f 2.00 oc.
SHEETI 0F1
P.O.B. S\oG
s
J�
7A ?P
D
4
0
CI UMBER IDEL TA N 6'30" W BEARING { 87505
ARC
135.94
CHORD
122.68
ESTAIL
(1.6. WiLSON
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* ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
CENTRAL ZONE, MAD-83.
DRAWN an BKG
cATROW.O.
Baker - Alcklen
& Associates, Inc.
Engineers /Surveyors
Pn. nom.: MgeR[NOA\80139s112LA ?NEAS.owc
DATE: December 18, 1998
SUBJECT: City Council Meeting — December 22, 1998
ITEM: 10.A.10. Consider a resolution determining a public need and necessity for
the acquisition of fee simple title to approximately 0.118 acres owned
by Gattis School Road Joint Venture II for right -of -way and
associated public purposes for Greenlawn Boulevard; and
authorizing the City Attorney to file proceedings in eminent domain
to acquire the needed property. Staff Resource Person: Jim Nuse,
Public Works Director.
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