R-2015-2846 - 9/24/2015 RESOLUTION NO. R-2015-2846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS
DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF
CERTAIN PROPERTY AND AUTHORIZING THE CITY'S
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN
TO ACQUIRE SAID PROPERTY INTERESTS
WHEREAS, the City Council, upon consideration of the matter, has determined that there is a
public necessity for the welfare of the City of Round Rock, Texas ("City"), and the public-at-large to
construct certain roadway improvements to University Boulevard, and to perform associated public
uses and purposes ("Project"); and
WHEREAS, in accordance with the above, the City Council hereby finds that public necessity
requires the acquisition of(1) fee simple title to approximately 0.024 acre (Parcel 17) of land located in
Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A"
attached hereto, and (2) a temporary construction easement interest on and across approximately
0.0335 acre (Parcel 17TCE) more particularly described in Exhibit "B" attached hereto for the sole
purpose of constructing proposed University Blvd. roadway, retaining wall, utilities and related
facilities within the adjacent right of way owned or acquired by City and/or the remaining property of
Owner not acquired, such property being owned by CROWN INVESTMENTS, LLC, a California
limited liability company, (the "Property"), for the public use of construction, reconstruction,
widening, maintaining, and operating of University Boulevard roadway improvements and related
facilities ("Project"), excluding all the oil, gas, and sulphur which can be removed from beneath said
real property, without any right whatever remaining to the owner of such oil, gas, and sulphur of
ingress to or egress from the surface of said real property for the purpose of exploring, developing, or
mining of the same, as a part of the improvements to the Project, at such locations as are necessary and
that such constructing, reconstructing, maintaining, and operating shall extend across and upon, and
will cross, run through, and be upon the herein described real Property;
0112.1504;00342282;do
WHEREAS, it is necessary to establish procedures for determining and approving just
compensation, and completing acquisition of the Property for this Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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 construct and maintain roadway improvements
in the City and to acquire property interests to assist with such purposes in and to the above described
lands, free and clear of any liens and encumbrances, in order to allow the City and/or its assigns to
complete said Project.
Section 2. The City Attorney, or his designated agent, is hereby authorized on behalf of the
City to attempt to negotiate, settle and agree on compensation to be paid to the owners of any interest
in the Property, and to make official, written, bona fide offers to the owners for the market value of
said Property or property interest. If it is determined that an agreement as to the value of said Property,
damages and/or compensation to be paid cannot be reached, then the City Attorney or his designated
agent is hereby authorized to file or cause to be filed, against the owners and holders of other related
interest in the Property, proceedings using the City's power of eminent domain to acquire the stated
interest in and to the above described lands, in order to allow the City to complete said Project, and to
perforin and undertake all other proceedings necessary to complete the acquisition of the Property.
Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of
all property interests required to complete the construction and maintenance of the Project and
associated public purposes. 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 City Attorney 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.
2
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.
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.
RESOLVED this 24th day of September, 2015.
ALYN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Sara White, City Clerk
3
EXHIBIT"A"
Variable Width Right-Of-Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.024 ACRE TRACT OF LAND OUT OF THE
CROWN INVESTMENTS,LLC TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.024 ACRE (1,032 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.024 ACRE TRACT BEING A PORTION OF LOT 3, BLOCK A, UNIVERSITY
MEDICAL PLAZA, SECTION 1, FILED ON OCTOBER 7, 2011, AND RECORDED W
DOCUMENT NO. 2011067442, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.024 ACRE TRACT ALSO BEING A PORTION
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED
TO CROWN INVESTMENTS, LLC, FILED ON AUGUST 28, 2013, AND RECORDED IN
DOCUMENT NO. 2013083551, O.P.R.W.C.T.; SAID 0.024 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point marking the northernmost northeast corner of said Lot 3,Block A and
the herein described tract, said point also marking the northernmost northwest corner of Lot 4 of said
Block A, and from which a 1/2-inch iron rod with yellow plastic cap stamped"CS LTD"found marking
the northernmost northeast corner of said Lot 4, Block A bears North 69° 24' 27" East, at a distance of
195.69 feet, said iron rod also marking the northerly end of a curving cut-back corner at the intersection
of the southerly right-of-way (R.O.W.) line of University Boulevard (a variable width R.O.W.) and the
westerly R.O.W.line of Cypress Boulevard(a variable width R.O.W.);
THENCE departing the southerly R.O.W. line of said University Boulevard (Blvd.), and with the
common easterly line of said Lot 3 and the westerly line of said Lot 4,the following three(3)calls:
1) (C-1) In a Southerly direction, 12.74 feet along the arc of a curve to the left, having a radius of
16.28 feet, a central angle of 44°49' 28", and a chord bearing and distance of South 29°27' 42"
East — 12.41 feet to a calculated point for a corner of the herein described tract and being the
point of reverse curvature of a curve to the right;
2) (C-2) In a Southerly direction, 16.18 feet along the arc of said curve to the right, having a radius
of 23.35 feet, a central angle of 39° 42' 36", and a chord bearing and distance of South 31° 01'
37"East— 15.86 feet to a calculated point for a corner of the herein described tract and being the
point of compound curvature of a curve to the right;
3) (C-3) In a Southerly direction,5.15 feet along the arc of said curve to the right,having a radius of
401.93 feet, a central angle of 00°44' 05", and a chord bearing and distance of South 15°42' 53"
East — 5.15 feet to a 1/2-inch iron rod with aluminum cap stamped "CORR ROW" (hereafter
referred to as "CORR cap") set for the southernmost southeast corner of the herein described
tract;
Page 1 of 3
Exhibit"A"continued
Description of a 0.024 acre tract
THENCE North 83° 54' 35" West, traveling across the interior of said Lot 3, and with the proposed
southerly R.O.W. of said University Blvd., a distance of 73.49 feet to a 1/2-inch iron rod with "CORR
cap" set for westernmost corner of the herein described tract, said point being on the common southerly
R.O.W.line of said University Blvd. and the northerly line of said Lot 3,and from which a p.k.nail found
marking the common northwest corner of Lot 2, Block A and the northeast corner of Lot 1, Block A,both
lots being part of said University Medical Plaza, Section 1,bears South 69°24' 27"West, at a distance of
276.00 feet;
THENCE North 69° 24' 27"East, with the common southerly R.O.W. line of said University Blvd. and
the northerly line of said Lot 3, a distance of 61.31 feet to the POINT OF BEGINNING of the herein
described tract, delineating and encompassing within the metes recited 0.024 acre (1,032 square feet) of
land, more or less, based on the survey and exhibit drawing made by The Wallace Group, Inc., Round
Rock,Texas in October of 2014.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4742 attached hereto is true and correct to the best of my knowledge
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
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.............................:....
Daniel M.Flaherty,R.P.L.S. No.5004 DANIEL M.FLHHERTY
......................
r%.05,' 5004
The Wallace Group, Inc. 90�E s S,ca. 0
One Chisholm Trail, Suite 130 SUR`l�
Round Rock,Texas 78681
Ph.(512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4742 10-08-2014
22824-FN08.doc Date
Page 2of3
EXHIBIT "A' '
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
A 0.024 ACRE (9,032 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CURVE TABLE
CURVE DELTA RADIUS LENGTH CH. BEARING CH. DIST.
C-1 44'49'28' 16.28' 12.74' S 29'27'42 E 12.41'
C-2 39'42'36" 23.35' 16.16' S 31'01'37' E 15.66'
C-3 00'44'05' 401.93' 5.15' S 15'42'53' E 5.15'
SCALE: 1" = 100'
VARIABLE WADTH R.O.W. ACQUISITION
0.024 ACRE (1,032 SQ. FT.) FIELD NOTE UNIVERSITY BOULEVARD
POINT OF (VARIABLE WIDTH R.0.W.)
BEGINNING 1/2' IRON ROD WITH
YELLOW CAP STAMPED
"CS LTD" FOUND
N S 69'24'27' W N 9'24'27' E N 69'24'27" E (/
276.00' 81.31' 195.69'
C_1 EXISTING R.O.W. UNE
LOT 1 LOT 2 i
BLOCK A BLOCK A �¢+ ' C-2
LOT 3
X3¢9 1P _�C-3
BLOCK A LOT 4 f(VARIABLE
T 18
BLOCK AOCK B
PROPOSED (STORMWATER DRAINAGE EASEMENT)
CROWN INVESTMENTS, LLC R.O.W. LINE in y ZK MEDICAL PAVILION
DOC. N0. 2013083551 ti UNIVERSITY MEDICAL PLAZA, SECTION 1 > SUDES 329-331
O.P.R.W.C.T. 00 DOC. NO, 2011067442R.W.C.T.
FILED: AUGUST 28, 2013 1, O.P.R.W.C.T. BePRIL 21, 2009
FILED: OCTOBER 7, 2011 d
CD
UNIVERSITY MEDICAL PLAZA SECTION 1 g�E�
DOC. NO. 2011067442 rj� 12 N
FILED:
O.P.R.W.C.T., 2m1 ESI Ado WBOULEVARD
Ep1� A$$,�g ACS WIDTH R 0.W)
12N
I
GENERAL NOTES = FOUND MONUMENT
ro 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. = SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
0 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND "CORR ROW'
CONDITIONS THAT MAY BE APPLICABLE.
0 = CALCULATED POINT
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
P.R.W.C.T.= PLAT RECORDS, WAWAMSON COUNTY, TEXAS
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. D•R.W.C.T.= DEED RECORDS, WdWAMSON COUNTY, TEXAS
(n 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM O.R.W.C.T.= OFFICIAL RECORDS. WIWAMSON COUNTY, TEXAS
c (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.P.R.W.C.T.= OFFICIAL PUBLIC RECORDS, WWAMSON COUNTY, TEXAS
COOPERATIVE CORS RTK NETWORK.
a
N The Wallace Group, Inc. o
iOne Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 1�\ .......... TF
w Engineers ■ Architects ■ Planners ■ Surveyors Q•��`dTFF',c+�
C Waco * Killeen * Dallas * Round Rock aN
TBPLS 10051701 TBPE F-54 DANIEL�i4.FLF�IiERTY
U I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ..................'r
.................
o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND
SURVEYS IN THE STATE OF TEXAS. THIS E �— DAY OF 2014.
00
SURVEYED: 09-19-2014 DANIEL M. FLAHERTY RPLS NO. 5004 3 OF 3
0 100 200 PLAT NO. A-4742 DRAFT DTE 10-08-2014 DRAWN By DV
SCALE WORK ORDER NO. 22824 FIELDBOOK/PG. 197/15 TAB # A-4742
C 0 2014 ALL RIGHTS RESERVED DIGITAL FILE 22824R-PARCELS F/N # 22824-FNOB
a
o• 2s®
/
/ SCALE IN FEET
LEGEND
20' EXISTING PUE----,Y/ '/ ® RICHT-OF-WAY CROW) ACQUISITION
PUBLIC UTILITY EASEMENT
ACQUISITION
EXISTING ROW
PROPOSED ROW
------ EXISTING PUBLIC UTILITY EASEMENT
-----• PROPOSED PUBLIC UTILITY EASEMENT
EEp
I l.[' PEASEMEDTWATER// // EXISTING PROPERTY LINES
B 1 ( N
WATER,T m o m n PROPooRDD TTOpp pp
%u-m-e e---e• m-----®__--m PROPOSED e o e em e o C
WENT
EXISmIePe/l LINE EASEMEN
n
UNIVERSITY BLVD
;. AAPPROX. 22' iv
-APPROX. 3' n 'I'
------- - -- --- EXISTING ROW
DEL SIGN
10' EXISTING PUE _ •,� PROPOSED ROW
1 20' PROPOSED TCE
7CTCE) - PROPOSEED T MP.
AREAT335NC X60.0A (1, 0 JI II )I II I
I
SO FT)
SIGN� i m
1 1 N
LOT 3
BLOCK A
W Crown Investments, LLC ;
DEL TACO I u
KENNEDY
CONSULTING
, / ( / TSP! RlG18TRATION NO. F-936
CITY OF ROUND ROCK
I$' EXISTING PUE--,,,, / /; / / ,y 4�o:ma4 221 E. MAIN S7
,w ...,..� ROUND ROCK, TX 78664
/
All / ' / FROM UNIVERSITY OAKS BLVD TO SUNRISE RD
I I /
ROW STRIP MAP
EXISTING PUE DEL TACO
Il 'V Eh Il Ilvq w /\ PORI,Y SCALE ,-•,DQ'
PROJECT NO.
KCI
SUBJECT TO REVISION KCI SUTERMRMAr
NOTE: THIS PRELIMINARY ROW STRIP MAP TEXAS UNIV
IS NOT TO BE USED FOR ROW KCI CCwrr
RECORDATION PURPOSES KCl WILLIAMS( ROUND ROCK