R-98-12-22-10A12 - 12/22/1998 RESOLUTION NO. R-98-12-22-10Al2
A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF FEE SIMPLE TITLE TO
APPROXIMATELY 1.347 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 1.347 acres of land, in Williamson County, Texas,
owned by Mitzi Evelyn Coil, 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.
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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
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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 December, 1998.
CHARLES CUL P R, Mayor
City of Round Rock, Texas
ATTEST:
AA AA 9
ANNE LAND, City Secretary
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EXHIBIT 'A,+ Page I of 2
DESCRIPTION
FOR A 1.347-ACRE TRACT OF LAND SITUATED IN THE SOCRATES DARLING
SURVEY NO, 102,ABSTRACT NO.232 IN TRAVIS COUNTY,TEXAS, BEING A
PORTION OF A CALLED 12.742 ACRE TRACT OF LAND CONVEYED TO MITZI
EVELYN COIL BY INSTRUMENT RECORDED IN VOLUME 12806,PAGE 274 OF
THE REAL PROPERTY RECORDS OF SAID COUNTY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE on a capped iron rod set in the southerly boundary line of the
remainder of a 36.611 acre tract of land conveyed to Sun Development, Inc. by
instrument recorded in volume 12434,Page 1610 of the Real Property Records of Travis
County,Texas,some being the southwest corner of said 12.742 acre tract and being in
the northerly boundary line of a called 32.44 acre tract conveyed to Leif Johnson Ford,
Inc., also by instrument recorded in volume 12753, Page 1630 of the Real Property
Records of said county,and from said point,the southeast corner of Lot 4.Block A of the
"Coil Subdivision",a subdivision found recorded in Book 95,Page 105 in the Plat Records
of Travis County,bears,S88°55'34"W,of a distance of 1050.00 feet;thence.along the
common boundary line of said 12.742 acre Iroct and said remainder tract,N01°24'03"E
for a distance of 37.49 feet to a capped iron rod set in the easterly right-of-woy line of
the proposed Greenlown Blvd.Extension,same being the most southwesterly corner and
the POINT OF BEGINNING hereof;
THENCE,with the common boundary line of said remainder tract and said 12.742 care
tract.NO1 124'03"w,for a distance of 149.12 feet to a capped iron rod set in the curving
northwesterly right-Of-way line of said proposed Greenlown Blvd. Extension being the
northwesterly comer hereof;
THENCE,departing said common boundary fine of said remainder tract and said 12.742
acre tract,and through soid 12.742 acre tract wilh the northwesterly right-of-way line of
the proposed Greenlawn Blvd.Extension,the following two(2)courses:
1. Along a curve 10 the left for an arc distance of 436.20 feet,and having a
radius of 954.41 feet,o central angle of 26°11'31",and a Chord which bears
N40°54'40"E,for a distance of 432.51 feet to a capped iron rod set,
2. N27°48'54"E,for a distance of 144.58 feet to a capped iron rod set in the
southeasterly boundary line of a called 112.901 acre tract conveyed to Dell
Computer Holdings,L.P.by instrument recorded in Volume 11938,Page 1764
of the Real Property Records of said county,some being the north line of said
12.742-acre tract,for the most northwesterly corner hereof;and from said
point an iron rod found at an angle point in the north line of said 12.742 acre
tract bears,S61°19'32"E,a distance of 201.29 feet
THENCE,along the common boundary line of sold Dell tract and 12.742 acre tract,
S6 1'19'32"E,for a distance of 132.01 feet to a iron pipe found in the southeasterly right-of-
way line of the proposed Greenlawn Blvd.Extension,being the southeast corner of said
Dell tract,the southwest corner of a called 17.295 acre tract conveyed to Michael Tract
Partners by instrument recorded in Volume 10256,Page 714 of the Real Property Records
Travis County,Texas and being on angle point in the north line of said 12.742 acre tract
for the northeasterly corner hereof;
THENCE,leaving the north line of said 12,742 acre tract and through said 12.742 acre
tract,and with the easterly right-of-way line of said proposed Greenlawn Blvd.Extension
the following two(2)courses
1. S27°48'54"W,for o distance of 142.60 feet to 0 capped iron rod set of a point
for curvature hereof;
EXHIBn_ Page 2 of 2
2. Along a curve to the right for a distance of 580.82 feet,and hoving a radius of
1045.59 feet,a central angle of 31°49'39"and having a Chord which bears _
S43°43'44"W,for a distance of 573.38 feel to the POINT OF BEGINNING hereof
and containing 1.347 acres of land.
. aye'd de�e dir hsupervi sion f the undersi ed/iln e ruesdale Date- BF
Registered Professional land Surveyor No,4933 k, nt a rE `ct
Baker-Aicklen&Associates,Inc. ati aFO y
203 E.Main Street,Suite 201
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-Round Rock,TX 78664 --P EEN TRUESDLE xt_ v
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DATE: December 18,1998
SUBJECT: City Council Meeting—December 22,1998
ITEM: 10.A.12. Consider a resolution determining a public need and necessity for
the acquisition of fee simple title to approximately 1.347 acres owned
by Mitzi Evelyn Coil 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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