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R-99-08-12-10D9 - 8/12/1999• 0'/ - 21 - 1599 12:29P5 FROM GRRD APPR INC GARDNER APPRAISAL GROUP, INC. Austin: 4314 Mediej Parkway, Suite 300, Mali's, Texas 78756 Tel (512) 458-6294 San Antonio: 105 South St Marys Street, Suite 2107, San Antonio, Texas 78205 Tel: (210) 2236911 July 21, 1999 Mr. Bob Bennett, City Manager, City of Round Rock Round Rock City Hall 221 Main Street Round Rock, TX 78664 These valuations are as follows Total Compensation Calculations: Value of the whole: Total Compensation: $6,000 + $360 = 86,360 Value of the temporary easement: 0298 -acre x $20,000 /acre x 1% /month x 6 mos. = $360 JUL -21 -1999 15:24 3372769 acres x $20,000 /acre = $6,745,538 Rounded to $6,750,000 TO 2187097 P.02 Dear Bob: This letter is intended to convey to you our final value estimates for the Rusk property appraisal for a proposed 12 -inch wastewater line and proposed 25 -foot public utility easement. including monies for a temporary working or construction easement Value of the part taken: 12,982 square feet or 0298 -acre x $20,000 /acre = $5,961 Rounded to $6,000 In addition, we have calculated the value attributable to leasing the temporary easement for 6 months, based on the value per acre of the whole property times one percent per month, or as follows: Also, there is no diminution in value to the remainder as a result of the land owner conveying title to the sanitary sewer easement to the City of Round Rock. 1 512 4585715 972 P.02 07 -21 -1999 12:29PM FROM GHRU HPPR INC As soon as possible, the report will be completed and forwarded to your office. Sincerely, Thomas R Gar . ner. MAI, Consultant GARDNER APPRAISAL GROUP, INC. cc Stephan L. Sheets JUL -21 -1999 15:25 1 512 458E715 96% TO 2187097 P.53 TOTAL P.03 P.03 GARONER APPRAISAL GROUP, INC. 4314 Medical Parkway, Ste. 300 105 S. St Mary's St, Ste. 210 Austin, Texas 70756 San Antonio, Texas 715205 Tel: (512) 4585294 Tel (210) 2235911 Fax: (512) 458 -6715 Fax: (210) 226-9770 FACSIMILE ThANSMISSION Z1 Iu1y 1999 DATE: -41 Toanne land TO: City Round Rock CO -: of NO.r 218 FAX -7097 PH. NO.: 218 -5402 Tom Gardner, MAT. Consultant FROM: CO.: Gardner.Appraisal Group Inc. FAX NO.: PH. NO.: NO. OP PAGES: Three (including coves) If you do not receive all of the pages, or there is any other problem with the transmission, please call (51) 458 -6294 as soon 2s possible. * * * * * * * * * * * * * ** -COMM. JCURNR'_ * * * * * * * * * * * * * * * * *** DATE JUL -26 -1999 * * * ** TIME 13:27 * ** P.01 MODE = MEMORY TRANSMISSION START= JUL -26 j3:54 END= JL'L -26 13:07 FILE NO.= 013 STN N0. COM RHHR N0. STPTICN 4AME /TEL.NO. PAGES DURATION 001 OK <06> PUBLIC WORKS 003/503 20 002 DEG <55> SHEETS 003/003 00:01'06" ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122167297 - * * * ** - 07 -21 -1559 12-295M FROM GARD 6PFR INC TO JUL -21 -1995 15: -CITY 3F ROUND ROCK 5122157097- * * * * * **'** 2167007 P.01 THE STATE OF TEXAS COUNTY OF WILLIAMSON C:\ W PDOCS,CITY\Ea menI \H,isk \ru _ ww wlsd /sls WASTEWATER LINE EASEMENT WITH TEMPORARY CONSTRUCTION EASEMENT 1. 199962275 11 Pes KNOW ALL MEN BY THESE PRESENTS: THAT JEFF E. RUSK and wife SUSAN RUSK, and their successors and assigns ( "Grantor "), for and in consideration of the sum of TEN and no /100th DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "Grantee "), receipt of which is hereby acknowledged, does hereby Grant, Sell, and Convey, unto Grantee an easement and right -of -way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wastewater collection system, together with all necessary underground lines, pipes, and conduits, and related valves, vaults, manholes, ventilators, and other equipment, improvements and appurtenances thereto, in, upon, over, under, and across the following describea property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof for all intents and purposes hereunto and in any wise pertaining, being a twenty -five foot wide strip of land (the "Easement ") being a part of that called 193.12 acre tract of land described in a Deed as recorded in Vol. 2064, Page 370 of the Official Records of Williamson County, Texas. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the Easement, rights and privileges herein granted shall be perpetual, provided however, that said Easement, rights, and privileges shall cease and revert to Grantor in the event the said wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. The Easement, rights, and privileges granted herein are exclusive, and Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant, without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the Easement to determine the effect, if any, on the wastewater line contemplated herein. Prior to granting its consent for other easements Grantee may require reasonable safeguards to protect the integrity of the wastewater line. In addition to the Easement specified herein, Grantor hereby grants to Grantee a fifty (50') foot wide temporary construction easement running the length of and adjacent to the northerly -most boundary line of the above described Easement, said temporary construction easement being described in Exhibit "B" Upon completion of construction and installation of the wastewater line, Grantee shall replace and restore all fences, walls, or other structures that may have been relocated or removed during the construction period. The aforesaid temporary construction easement shall terminate upon the acceptance of the waste water collection system for maintenance by Grantee. Grantor further grants to Grantee, (a) the right to grade the Easement for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the Easement to such extent as Grantee may find reasonably necessary; (b) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary; (c) the right of ingress to and egress from the Easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the Easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein; the foregoing right of ingress and egress applies during the period of construction as well as otherwise; (d) the right of grading for, construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the Easement, (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement and to trim and to cut down and clear away any trees on either side of the Easement which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or which may interfere with the exercise of Grantee's rights hereunder, provided, however, that all 2. trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement; (g) the right to mark the location of the Easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement. Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement; (b) Grantee shall promptly backfili any trench made by it on the Easement and repair any damage it shall do to Grantor's private roads, lanes or improvements on the lands; (c) Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights and obligations hereunder or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement for any and all purposes which do not interfere with and prevent the use by Grantee of the Easement, including the right to build and use the surface of the Easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses and /or to dedicate all or any part of the surface of the property affected by this Easement to any city or county for use as a public street, road or alley; provided Grantor shall not erect or construct on the Easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the Easement. Provided however, before constructing any improvements, at least ten (10) days written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the Easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the Easement. Grantor hereby dedicates the Easement area as a public utility easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby bind themselves, their C WPDOCSUCIrYVHasemen,R,,kkusk pw wpdikah 3. successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above- described Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 2 day of August, 1999. STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the w ' day of August, 1999, by Jeff Rusk, for the purposes and consideration therein expressed. -Ye , CHERYLSCHMIDT Notary Public, Stata of Texas My Commission Expires FEB. 18,2002 j COUNTY OF This instrument was acknowledged before me on this the day of August, 1999, by Susan Rusk, for the purposes and consideration therein expressed. After recor•ing please return to: C \WPDOC r V\Pxceinenf \1u k \rook ww wpdAah CHERYL SCHMID Notary Public, State of Texas My Commission Expires FEB. 18,2002 Brown McCarroll Sheets & ki Crossfield, L.L.P. " 309 East Main Round Rock, Texas 78664 4. § § C/C.�- srk -d�v Notary blic, State of Texas Printed Name:e SC/ /5 My Commission Expires: /P O2— § § § Notary FGYb lic, State of Texas Printed Name: 044 50, ra9 My Commission Expires: 2 — 25' Offsite Wastewater Easement Lake Forest Sec. One FN99 -053 (A.Y.) Aug. 11, 1999 C &B Project No. 99- 5091 -010 A DESCRIPTION OF THE CENTERLINE OF A TWENTY FIVE (25) FOOT WIDE STRIP OF LAND IN THE P.A. HOLDER SURVEY, ABSTRACT 297 IN WILLIAMSON COUNTY TEXAS, SAID TWENTY FIVE (25) FOOT STRIP BEING OUT OF THAT CALLED 193.12 ACRE TRACT OF LAND DESCRIBED IN A DEED TO JEFF E. RUSK AS RECORDED IN VOLUME 2064, PAGE 370 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID TWENTY FIVE (25) FOOT STRIP, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a iron pipe found being an ell corner on the west line of a called 315.43 acre tract to J. Lawrence Berkman as recorded in volume 455, page 308 of the Williamson County Deed Records, being the northeast corner of a called 60.8766 acre tract to Jeff E. Rusk, as recorded in volume 2064, page 380 of the Williamson County Deed Records, THENCE with the north line of the said 60.8766 acre tract, S 88 °07'49" W a distance of 208.11 feet to a iron rod found, THENCE leaving the said north line of the 60.8766 acre tract, and with the west line of the said 315.43 acre tract, N 03 °22'08" W a distance of 630.68 feet to a iron rod found, THENCE continuing with the said west line of the 315.43 acre tract, N 0221'41" W a distance of 20.06 feet to the POINT OF BEGINNING, THENCE leaving the said west line of the 315.43 acre tract, and crossing the said 193.12 acre tract the following two (2) courses: 1. S 87 °38'19" W a distance of 235.00 feet to a point, 2. N 62 °19'30" W a distance of 206.72 feet to the POINT OF TERMINATION, The sidelines of the above described centerline may be lengthened or shortened to constitute a uniform width of twenty five (25) feet. Page 1 of 3 25' Offsite Wastewater Easement Lake Forest Sec. One THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein is based upon a survey performed under my direction and supervision during August , 1999. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas 1999 A.D. Carter & Burgess 901 South Mopac Blvd., Suite 200 Austin, Texas 78746 Page 2 of 3 FN99 -053 (A.Y.) Aug. 11, 1999 C &B Project No. 99- 5091 -010 his the 1 . day of August, John Strawbridge Registered Professional Land Surveyor No. 4283 - State of Texas EXIST Jeff E. Rusk 193.12 Ac. Vol. 2064, Pg. 370 SANITARY MANN OLE 587'38'19 "W 4 / I 2 +5.00' J / / ___ On // 1 NO2'21'41 "W CL PROP'D 25' !s 20.06' WASTEWATER ESM'T o a c // // // // // // // z 0 0 w N o N O N 0 6 W � Jeff E. Rusk 60.8766 Ac. Vol. 2064, Pg. 380 SHEET 3 OF 3 POIN OF BEGINNING 588'07'49 "W 208.11' SCALE : 1" = 200' AUG., 1999 WILLIAMSON COUNTY, TEXAS LEGEND • IRON ROD FOUND C) IRON PIPE FOUND A CALCULATED POINT J. LAWRENCE BERKMAN 315.43 Ac. Vol. 455, Pg. 308 POINT OF COMMENCING DRAWING to ACCOMPANY FIELONOTE No 99 Ccrter= Burgess Surveying C_ Carter and Burgess, Inc. 901 South Marto Expressway Bldg. 3 5u10 200 Austin. Texas 78746 (512)314-3100 Fox (512)314 -3135 AUG -20 -99 FRI 11:34 AM 50' Temporary Construction Easement Lake Forest Sec, One EXHIBIT "B° 4. S 62 °19'30" E a distance of 189.95 feet to a point. Page 1 of 3 FAX Na P. 06/08 FN99.055 (A.Y.) Aug. 18, 1999 C &B Project No. 99- 5091 -010 A DESCRIPTION OF A FIFTY (50) FOOT WIDE STRIP OF LAND IN THE P.A. HOLDER SURVEY, ABSTRACT 297 IN WILLIAMSON COUNTY TEXAS, SAID TWENTY FIVE (25) FOOT STRIP BEING OUT OF THAT CALLED 193.12 ACRE TRACT OF LAND DESCRIBED IN A DEED TO JEFF E. RUSK AS RECORDED IN VOLUME 2064, PAGE 370 OF THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS, SAID FIFTY (50) FOOT STRIP, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a Iron pipe found being an ell corner on the west line of a called 315.43 acre tract to J. Lawrence Berkman as recorded in volume 455, page 308 of the Williamson County Deed Records, being the northeast corner of a called 60.8766 acre tract to Jeff E. Rusk, as retarded in volume 2064, page 380 of the Williamson County Deed Records, THENCE with the north line of the said 60.8766 acre tract, S 88 °07'49" W a distance of 208.11 feet to a iron rod found, THENCE leaving the said north fine of the 60.8766 acre tract, and with the west line of the said 315.43 acre tract, N 03 °22'08" W a distance of 630.68 feet to a iron rod found, THENCE continuing with the said west line of the 315.43 acre tract, N 0221'41" W a distance of 32.56 feet to the POINT OF BEGINNING and being the north line of a proposed twenty five (25) foot wastewater easement, THENCE leaving the said west line of the 315.43 acre tract, and crossing the sald 193.12 acre tract the following five (5) courses: 1. With the north Inc i of the said proposed easement, S 87°38'19" W a distance of 231.65 feet to a point, 2. continuing with the said north line of the proposed easement, N 62 °19'30" W a distance of 203.36 feet to a point, 3. leaving the said north line of the proposed easement, with a line fifty (50) perpendicular and parallel, N 27 °40'30" E a distance of 50.00 feet to a point, 5. N 87°38'19" E a distance of 218.23 feet to a point, on the said west line of the 315.43 acre tract. THENCE with the said west line of the 315.43 acre tract, S 02 °21'41° E a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.48 acres of land more or less. 'AUG -20 -99 FRI 11 35 AM ..4 JI.R .144 50' Temporary Construction Easement Lake Forest Sec. One THE STATE OF TEXAS COUNTY OF TRAVIS 1999 A.D. Carter 8 Burgess 901 South Mopac Blvd., Suite 200 Austin, Texas 78746 suewe a vue ses FAX NO. KNOW ALL MEN BY THESE PRESENTS: That t, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein Is based upon a survey performed under my direction and supervision during August 1999. WITNESS MY HAND AND SEAL at Austin, Travis County - -s this the 18th day of August, Page 2 of 3 FN99 -055 (A_Y_) Aug. 18, 1999 C &B Project No. 99- 5091 -010 •hnStrawbe Registered Professional Land Surveyor No. 4283 - State of Texas P. 07/08 `AUG -20 -99 FRI 11 35 AM 00 10/00 ra3. JIG 414 J150 I1 Jeff E. Rusk 193.12 Ac. Vol, 2064, Pg. 370 \\ \\ \\ N27'40'30'E \ \ 50.D0' \\ \ f \\ p7g 9 .Sp. ' EXIST. SANITARY MANN OLE / 1 'p3,6, ; Q ! / CL PROP'D 25' WASTEWATER ESM'T 20•// 0.25 ACS. 4' oo! c3o // iir cr &. 13Urg055 N87'38'19' E 218.23' 15'19' 231.65' 0 FAX NO, S0721'41'E 1 50.00' POINT OF BEGINNING NO2 41' W 32.56' Jeff E. Rusk 60.8766 Ac. Vol. 2064, Pg. 360 SHEET 3 OF 3 588'07'49 "W 208.11' P. 08/08 Li/a UU4 SCALE : 1" = 200' AUGUST, 1999 WILLIAMSON COUNTY, TEXAS !FGFND • IRON ROD FOUND Q IRON PIPE FOUND n CALCULATED POINT J. LAWRENCE BERKMAN 315.43 Ac. Vol. 455, Pg. 308 POINT OF COMMENCING DRAWING I ACCOMPANY FIEL5N0T No. 99 - 055 Cam, Burgess Surveying Corler and Burgess, Inc, 901 Sew(. roPee [poser ndv. 0 Subr 200 AmYln, Tens. 757 (58)311 -3100 Fox (512)314 -3735 f ILL U1 non RLUURU OFFICIAL PUBLIC RECORDS 09 -13 -1999 02:49 PM 199962275 MILLER $29.00 NANCY E. RISTER .COUNTY CLERK WILLIAMSON COUNTY, TEXAS RESOLUTION NO. R- 99- 08- 12 -10D9 A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A WASTEWATER LINE EASEMENT FOR PUBLIC UTILITIES 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 an easement across certain real property for public utilities 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 an easement across certain real property for the above stated public purposes; and WHEREAS, the easement to be acquired for such purposes is twenty -five feet wide and approximately 520 feet long, in Williamson County, Texas, owned by Jeff Rusk (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 an easement for public utilities and associated public purposes. %. \WPCOCS \REsOL[TTI \F90812D9. WPO /sIs 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 the easement. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to construct the public utilities. 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. 2 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 and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. A EST: RESOLVED this 12th day of August, 1999. f NE LAND, City Secretary 3 ROBERT A. STLUKA, , Mayor City of Round Rock, Texas DATE: August 6, 1999 SUBJECT: City Council Meeting — August 12, 1999 ITEM: 10.D.9. Consider a resolution determining a public need and necessity for the acquisition of a wastewater line easement for public utilities and associated public purposes from Jeff Rusk, et al and authorizing the City Attorney to file proceedings in eminent domain to acquire the needed easement. This wastewater line is needed to provide service to a significant portion of the City service area along Gattis School Road, which is a rapidly developing area. Staff Resource Person: Jim Nuse, Public Works Director.