R-98-12-22-10A9 - 12/22/1998\WPOOCS \RESOLUTI \R81222A9, WP0 /cdc
RESOLUTION NO. R- 98- 12- 22 -10A9
A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF FEE SIMPLE TITLE TO
APPROXIMATELY 0.822 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 0.822 acres of land, in Williamson County, Texas,
owned by Sun Development Co., Inc., 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.
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.
ATTEST:
LAND, City Secretary
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CHARLES CULPEEHER, Mayor
City of Round Rock, Texas
Exhibi
DESCRIPTION
Page 1 of
FOR A 0.822 ACRE TRACT OF LAND, PORTIONS OF WHICH ARE LOCATED fN
THE SOCRATES DARLING SURVEY, NO. 102, ABSTRACT 232, THE WILLIAM
BRATTON SURVEY, NO. 103, ABSTRACT 100, AND THE WILLIAM DRUMMOND
SURVEY, NO. 109, ABSTRACT 233, IN TRAVIS COUNTY, TEXAS, AND BEING A
PORTION OF THE REMAINDER OF A 316.611 ACRE TRACT OF LAND
CONVEYED 10 SUN DEVELOPMENT, INC., BY INSTRUMENT RECORDED IN
VOLUME 12434. PAGE 3610 OF THE REAL PROPERTY RECORDS OF TRAVIS
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a capped iron rod set on a point being the southwesterly corner of a
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 Travis County, Texas, said point being in
the northerly boundary line of a 29.46 acre tract of land conveyed to Leif Johnson Ford,
Inc. by instrument recorded in Volume 12753, Page 1630 of the Real Property Records of
Travis County, Texas, and also being the southeasterly corner of said remainder tract and
the southeasterly comer and POINT OF BEGINNING hereof;
Thence, with the common boundary line of said remainder tract and the Leif Johnson
Ford, Inc acre tract, S88 °55'35 "W, at a distance of 73.71 feet, pass the southerly proposed
right -of -way line of Greenlawn Blvd. Extension ( transitioning row width) and continuing
for a total distance of 464.43 feet to a capped iron rod set in the proposed northerly
right -of -way line of said Greenlawn BIvd.Extension, and being the southwesterly corner
hereof and from which the southeasterly comer of Lot 4, Block A, of the Coil Subdivision
as recorded In Book 95, Page 105 of the Travis County Plat records bears S88 °55'35 "W, at
a distance of 585.57 feet;
Thence, departing said common boundary line, with said proposed northerly right -of -way
line, and through said remainder tract, N72 °53'55 "E, for a distance of 187.86 feet to a
capped iron rod set being a point for curvature hereof;
Thence, along a curve to the left for on arc distance of 314.69 feet, and having a radius
of 954.41 feet, a central angle of 18 °53'30 ", and a chord which bears N63 °27' 10 "E, for a
distance of 313.27 feet to a capped iron rod set in the common boundary line of said
Coil 12.742 acre tract and said remainder tract, and being the northeasterly corner
hereof;
Thence, departing sold proposed northerly right -of -way line and with said common
boundary line of colt and remainder tracts, S01 °24'03 "E, for a distance of 186.60 feet to
the POINT OF BEGINNING and containing 0.822 acres of land.
Surveyed der the dir supervi ion of the unders ned:
M. tephe Truesdale ate
Registered Professional Land Surveyor No. 4933
Baker- Aicklen & Associates, Inc.
203 E. Main Street, Suite 201
Round Rock, TX 78664
DATE: December 18, 1998
SUBJECT: City Council Meeting — December 22, 1998
ITEM: 10.A.9. Consider a resolution determining a public need and necessity for
the acquisition of fee simple title to approximately 0.822 acres owned
by Sun Development Company, Inc. 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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