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R-98-12-22-10A11 - 12/22/1998 RESOLUTION NO. R-98-12-22-10A11 A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 4.507 ACRES OF LAND AND 0.018 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 4.507 acres of land and 0.018 acres of land, in Williamson County, Texas, owned by the O.G. Wilson Estate, 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, Section 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. &:\WP OCS\RRSOLWI\R81222A.11W/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 Dec emberf, 1998. CHARLES CULP P R, Mayor City of Round Rock, Texas ATTEST: J E LAND, City Secretary 3 Page 1 of 2 PARCEL A DESCRIPTION FOR A 4.507-ACRE TRACT OF LAND SITUATED IN THE SOCRATES DARLING SURVEY NO. 102, ABSTRACT NO. 232 AND THE MEMUCAN HUNT SURVEY, ABSTRACT 314, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 43.00-ACRE TRACT OF LAND CONVEYED TO OSCAR G. WILSON AND WIFE ALICE V. WILSON BY INSTRUMENT RECORDED IN VOLUME 353 PAGE 553 OF THE DEED RECORDS OF TRAVIS COUNTY, SAID 4.507-ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron pipe found on a point in the southerly right-of-way line of Louis Henna Boulevard (right-of-way width varies) same being the most northeasterly corner of a 2.00-acre tract of land conveyed to Gattis School Joint Venture II by instrument recorded in Document No. 9716449 of the Official Records of Williamson County, same being the most northwesterly corner of said 43.00-acre tract of land, being the most northwesterly corner and POINT OF BEGINNING hereof; THENCE with the southerly right-of-way line of Louis Henna Boulevard, same being the northerly boundary line of said 43.00- acre tract of land, N73°24156"E for a distance of 125.46-feet to a capped iron rod set on the beginning of a curve for the most northeasterly corner hereof, and from which point the most northwesterly corner of a tract of land depicted as Tract A by "Boundary Agreement" document (as furnished to the undersigned prior to recordation) between W.D.L. Investments, Inc., David W. Leppin, Milford C. Anderson, Jr, and Wilbur A. Wilson, same being the most northeasterly corner of said 43.00-acre tract bears N73°24'56"E a distance of 455.87-feet; THENCE departing the southerly right-of-way line of said Louis Henna Boulevard, and through the interior of said 43.00-acre tract of land the following six (6) courses and distances: 1) with the arc of a curve to the left, having a radius of 87.50-Feet, a central angle of 90°08'39", an arc length of 137.66-feet, and a chard which bears S28°29115"W for a distance of 123.90-feet to a capped iron rod set on a point of tangency hereof; 2) S16°26127"E for a distance of 91.30-feet to a capped iron rod set on a point of curvature hereof; 3) with the arc of a curve to the right, having a radius of 860.00-feet, a central angle of 77c06100", an arc length of 1157.26-feet, and a chord which bears S22°06133"W for a distance of 1071.90-feet to a capped iron rod set on a point of tangency hereof; 4) S60°39'33"W for a distance of 241.92-feet to an iron rod set on a point of curvature hereof; 5) with the arc of a curve to the left, having a radius of 702.47-feet, a central angle of 32050'39", an arc length of 402.68, and a chord which bears SW14'14"W for a distance of 397.19-feet to a capped iron rod set on a point of tangency hereof; 6) S27o48'54"W for a distance of 20.36-feet to an iron pipe found on a point being the most southwesterly corner of said 43.00-acres, same being the most northwesterly corner of a tract of land conveyed to David W. Leppin by instrument recorded in Volume 7489, Page 534 of the Deed Records of Travis County, Texas also being the easterly boundary line of a 120.658-acre tract land conveyed to Dell Computer Holdings, L-P. by instrument recorded in Volume 11938 Page 1764 of the Real Page 2 of 2 Property Records of Travis County, Texas, and being the most southerly corner hereof; THENCE with the westerly boundary line of said 43.00-acre tract of land, same being the easterly boundary line of said 120.658- acre tract of land, N27o19'53"E for a distance of 442.04-feet to a capped iron rod set on a point of non-tangency hereof; THENCE departing the easterly boundary line of said 112.901-acre tract of land, through the interior of said 43.00-acre tract of land with the arc of a curve to the right, having a radius of 897.53-feet, a central angle of 01050'081', an arc length of 28.75-feet, and a chord which bears N59044129"E for a distance Of 28.75-feet to a capped iron rod set on a point of tangency hereof; THENCE continuing through the interior of said 43.00-acre tract of land the following three (3) courses and distances: 1) N60039'33"E for a distance of 241.92-feet to a capped iron rod set on a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 740.00-feet, a central angle of 7700610011, an arc length of 995.78-Peet, and a chord which bears N22°06133"E for a distance of 922.33-feet to a capped iron set on a point of tangency hereof; 3) N16°26127"W for a distance of 93.07-feet to a capped iron rod set on a point in the easterly boundary line of said 2.00- acre- tract, same being the westerly boundary line of said 43.00-acre tract of land, and being an angle point hereof: THENCE with the easterly boundary line of said 2.00-acre tract of land, same being the westerly boundary line of said 43.00- acre tract of land N27019153"E for a distance of 118.59-feet to the POINT OF BEGINNING hereof and containing 4.507-acres of land. Surveyed u der the direct supervision of the undersigned M. 91 p en ruesdale Date Registered Professional Land Surveyor No. 4933 Baker-Aicklen & Associates, Inc. 203 E. Main Street Round Rock, Texas 78664 OF w3laonz.acc - A, O, M H E �S.OU(6l PARCEL B PAGE 1 OF 1 DESCRIPTION ,. FOR A 0.018-ACRE (773-SQUARE FOOT) TRACT OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 43.00-ACRE TRACT OF LAND CONVEYED TO OSCAR G. WILSON AND WIFE ALICE V. WILSON BY INSTRUMENT RECORDED IN VOLUME 353, PAGE 553 OF THE DEED RECORDS OF TRAVIS COUNTY, SAID 0.018-ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE on a iron pipe found on a point in the southerly existing right-of-way line of Louis Henna Boulevard, same being the northwesterly corner of said 43-acre tract of land, same being the northeasterly corner 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 Williamson County, thence departing the southerly right-of-way line of Louis Henna Boulevard, with the easterly boundary line of said 2.00-acre tract, same being the westerly boundary line of said 43-acre tract of land, S27°19'53"W a distance of 118.59-feet to a capped iron rod set on an angle point hereof, thence departing the easterly boundary line of said 2,00-acre tract through the interior of said 43.00-acre tract of land, with the westerly right-of-way line of the . proposed Greenlawn Boulevard Extension, 316026127"E a distance - of 93.07-feet to a capped iron rod set on a point of curvature hereof, the continuing through the interior of said 43.00-acre tract, same being the curving easterly right-of-way line of the -proposed Greenlawn Boulevard Extension to the right, having a radius of 740.00-feet, a central angle of 10°23106", an arc length of 134.13-feet, and a chord which bears S11014'54"E a distance of 133.94-feet to the POINT OF BEGINNING hereof; THENCE.continuing through the interior of said 43.00-acre tract of land with the curving easterly right-of-way line of the proposed Greenlawn Boulevard Extension to the right, having a .radius of 740.00-feet, a central angle of 02033119", an arc length of 33.00-feet, and a chord which bears SO4°46'41"E for a distance of 33.00-feet to a point of non-tangency hereof; THENCE departing the easterly right-of-way line of the proposed Greenlawn Boulevard Extension, continuing through the interior of said 43.00-acre tract the following (3) three courses and distances: 1) S85001155"W for a distance of 23.26-feet to a angle point hereof; 2) N04058105"W for distance of 33.00-feet hereof; to a angle point 31 N85001'55"E for a distance of 23.37-feet to the POINT OF BEGINNING hereof and containing 0.018-acre of land. Surveyed under the direct supervision of the undersigned: M Step en 7 u sdale Registered Professional Land Surveyor No. 4933 Date Baker-Aicklen & Associates, Inc. Of 203 E. Main Street tilS Round Rock, Texas 78664 � a -L2...dg.d.c SUR SKETCH TO ACCOMPANY DESCRIPTION PARCEL B P•0•13• 0.018 ACRE �°4 aPi - N8b°07$5"E Z,E� 23.37' C7 OJ\5 N04°58'05"�' SCALE:7"=200' 2x26' ,''�g9j IRF DETAIL 0� N W.O.L.INVESTMENTS,INC. N.T.S. J��P u VOL.I6I8 PG.273 �a 6 Q BOIINOARY PER AGREEMENT IPENGINGI R F rt \,°'13 Nyy (PAR 8/ IRS .�' U m E 1" FIAT IRON FOUN S16°26:27"E DEED LINE Z 'Z . 91.30• s �05 IRF RF 93.07' II / PARCEL A 200 SEE DE TAlL M. 4.507 ACRES SEE SHEET 2 q � "A FOR CURVE TABLE ESTATE OF O.G.WILSON tti hO Q' d`�Z VOL 353 PG 553 - Q � '00 W.r. N 0 43 AC D.R.7C. _ Ny L� 3 Imo y W Wl«IAMSON C_OUNTy N TRAVIS CGUN7=Y'- MAT CHLINE SHEET 2 a LEGEND f � CALCULATED POINT OIRS=CAPPED IRON ROD SET U l! •IRF=IRON ROD FOUND GIPF=IRON PIPE FOUND LINE BREAK i Jr D.R.T.C.=DEED RECORDS TRAVIS COUNTY P.O.B.=POINT OF BEGINNING o I BALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE,NAD-83. Bak Or-Alcklan &Aaeocfat®s,Inc. SHEET I of 2 Engin eersl5urvayors f+'..a.*.:+w:reRexantcas.a�aurRCnno Ws SKETCH TO ACCOMPANY DESCRIPTION � 3 a a 4 i SCALE:P=200' RS lI MATCHLINE SHEET f ,z RS rp0 EST A TE OF aG.WILSON VOL 353 PG 553 S:q, C5 43 AC y60 O.R.r C. �C N 5t 4 . � IRS(PC) O_f S27'46'54'W 20.36' N IPF' 2 M.S. IRS S 62°11'06"W 988.00' � }�IPF I 2'pN OAVIp W LEPPlN 040D W.LEPPlN v n VOL 833f PG 636 VOL 7489 PG 534 OLO TC 15,00 AC .R.J.L. w O.R.7.C. TRACT ONE IPF' CURVE TABLE NUMS£R 0l-L TA: C.B. RADIUS ARC CHORD CI 90°08'39" S 28°29'15"W 87.50 137.66 123.90 C2 77°06'00" S 22°06'33"W 860.00 1157.26 1071.90 C3 77°06'00" N 22°06'33"E 740.00 995.76 922.33 C4 32°50'39" S 44°1414"W 702.47 402.68 397.19 C5 01°50'08" N 59 14429"E 897.53 28.75 28.75 C6 10°23106" N 11°14'54"W 740.00 134.13 133.94 C7 O2°33'19" S 04°46'41"E 740.00 33.00 33.00 ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTE CENTRAL ZONE,.NAD-83. t or L° .STEPHEN TRLIESOALE 4933 Zr SUk As Prepared 6y:. Dote M. Stephen Truesdole, R.P.L.S. 14933 �, Baker-Alcklen Ma 203 E. in Street, Suite 201 & Aeaoclates,Inc. Round Rock, Texas 78664 Engineers/Surveyors Tel. (572)244-9620 srreEr z of z F1le name:M:l%QENOA�6°l543�SCA WNEPS.OWG DATE: December 18,1998 SUBJECT: City Council Meeting—December 22,1998 ITEM: 10.A.11. Consider a resolution determining a public need and necessity for the acquisition of fee simple title to approximately 4.507 acres and 0.018 acres owned by O.G. Wilson Estate 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. aamz S"001 Join' Ve.niuro— "E.avx l '5070E[ES Area '5 _7. _ �� -I mm=Q� Evelyn Co'I gz- $u n �eJoPme.H'F e.,. In C.