R-2015-2941 - 10/22/2015 Texas Ave.Extension
RESOLUTION NO. R-2015-2941
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 Texas Avenue, 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 fee simple title to approximately 0.9913 acre (43,180 Square Feet) of land
located in Williamson County, Texas and more particularly described by metes and bounds in Exhibit
"A" attached hereto, for the sole purpose of constructing the proposed Texas Avenue Extension, such
property being owned by YEN CHUAN KUO (the "Property"), for the public use of construction,
reconstruction, widening, maintaining, and operating of the Texas Avenue 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; and
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:
0112.1504;00343943
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
perform 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.
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
2
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 22nd day of October, 2015.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Sara White, City Clerk
3
EXHIBIT
"A"
Right-Of-Way Parcel
METES AND BOUNDS DESCRIPTION
OFA
0.9913 ACRE TRACT OF LAND OUT OF THE
YEN CHUAN KUO TRACT
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING a 0.9913 acre(43,180 square feet) tract of land situated in the David Curry Survey,Abstract
No. 103, City of Round Rock, Williamson County, Texas; said 0.9913 acre tract being a portion of
that certain called 6.613 acre tract of land described in a Special Warranty Deed to Yen
Chuan Kuo, filed on April 19, 2007, and recorded in Document No. 2007032132, Official Public
Records of Williamson County,Texas(O.P.R.W.C.T.); said 0.9913 acre tract also being a portion of
Lot 1, Block A, United Auto Parts Subdivision, filed on March 17, 2008, and recorded in Cabinet
EE,Slide 206,Plat Records of Williamson County,Texas(P.R.W.C.T.);said 0.9913 acre tract being
more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found for the northeast corner of said 6.613 acre tract and
said Lot 1, Block A,United Auto Parts Subdivision,same being on the west line of Lot 12,Block H,
Resubdivision of Chapel Hill North Section 3 Block H,Lot 5,filed on January 6, 1989, and recorded
in Cabinet J,Slides 205-206,P.R.W.C.T.;
THENCE(L-7)South 21° 19' 51" East,with the east line of said 6.613 acre tract and said Lot 1,Block
A,same being the west line of said Lot 12,a distance of 81.51 feet to a 1/2-inch iron rod with aluminum
cap stamped"CORR ROW"(hereafter referred to as"CORR cap")set for the POINT OF BEGINNING
and northeast corner of the herein described tract,said point marking the southwest comer of said Lot 12,
said point also being the western temvnus of the north right-of-way (R.O.W.) line of Texas Avenue
(having a 60 foot width);
THENCE(L-1)South 21° 19' 51"East,with the east line of said 6.613 acre tract and said Lot 1,Block
A,a distance of 6152 feet to a 1/2-inch iron rod found for the southeast comer of the herein described tract,
said point also marking the northwest comer of Lot 39, Block D, Chapel Hill North Section 3,filed on
October 4, 1984,and recorded in Cabinet F,Slides 176-177,P.R.W.C.T.,said point also being the western
terminus of the south R.O.W. line of said Texas Avenue, and from which a 1/2-inch iron rod found
marking the southeast comer of said Lot 1,Block A bears South 21° 19' 51"East,at a distance of 358.95
feet;
THENCE traveling across the interior of said 6.613 acre tract and said Lot 1,Block A,United Auto Parts
Subdivision,and with the proposed south R.O.W.line of said Texas Avenue,the following four(4)calls:
1) South 55° 54' 24"West,a distance of 468.53 feet to a 1/2-inch iron rod with"CORR cap"set
for a corner of the herein described tract and being the beginning of a curve to the right;
2) (C-1)In a Westerly direction, with said curve to the right,having a delta angle of 12°52'
59", a radius of 630.00 feet, an arc length of 141.66 feet, and a chord bearing and
distance of South 62°20' 54"West—141.36 feet to a 1/2-inch iron rod with"CORR cap"set
for a corner of the herein described tract and being the end of said curve;
Page 1 of 4
Exhibit"A"continued
Description of a 0.9913 acre tract
3) (L-2) South 68° 47' 23" West, a distance of 92.94 feet to a 1/2-inch iron rod with "CORR
cap"set for a comer of the herein described tract and being the beginning of a curve to the left;
4) (C-2) In a Southwesterly direction, with said curve to the left, having a delta angle of
89° 52' 06", a radius of 15.00 feet, an arc length of 23.53 feet, and a chord bearing and
distance of South 23°51' 20"West—21.19 feet to a 1/2-inch iron rod with"CORR cap"set
for the southernmost southwest corner of the herein described tract and being the end of said
curve,said point being on the west line of said 6.613 acre tract and said Lot 1,Block A,United
Auto Parts Subdivision,said point also being on the east R.O.W.line of Greenhill Drive(having a
60 foot width), and from which a 1/2-inch iron rod found marking the southwest corner of said
Lot 1,Block A bears(L-5)South 210 04' 46"East,at a distance of 76.86 feet;
THENCE (L-3) North 21° 04' 46" West,with the common east R.O.W.line of said Greenhill Drive
and the west line of said Lot 1,Block A,United Auto Parts Subdivision,a distance of 90.00 feet to a 1/2-
inch iron rod with"CORR cap"set for the westernmost northwest corner of the herein described tract and
being the beginning of a curve to the left,and from which a 1/2-inch iron rod found marking the northwest
comer of said Lot 1,Block A bears(L-6)North 21°04' 46"West,at a distance of 188.31 feet;
THENCE departing the east R.O.W.line of said Greenhill Drive,and traveling across the interior of said
6.613 acre tract and said Lot 1, Block A, United Auto Parts Subdivision, and with the proposed north
R.O.W.line of said Texas Avenue,the following four(4)calls:
1) (C-3)In a Southeasterly direction, with said curve to the left,having a delta angle of 90°
07' 51", a radius of 15.00 feet, an arc length of 23.60 feet, and a chord bearing and
distance of South 66° 08' 41"East—21.24 feet to a 1/2-inch iron rod with"CORR cap"set
for a corner of the herein described tract and being the end of said curve:
2) (L-4)North 68°47'23"East,a distance of 92.73 feet to a 1/2-inch iron rod with"CORR cap"
set for a corner of the herein described tract and being the beginning of a curve to the left;
3) (C-4) In a Easterly direction, with said curve to the left,having a delta angle of 12° 52'
59", a radius of 570.00 feet, an arc length of 128.16 feet, and a chord bearing and
distance of North 62°20'54"East—127.89 feet to a 1/2-inch iron rod with"CORR cap"set
for a comer of the herein described tract and being the end of said curve;
4) North 55° 54'24"East,a distance of 482.12 feet to the POINT OFBEGI NING of the herein
described tract, delineating and encompassing within the metes recited 0.9913 acre (43,180
square feet) of land, more or less, based on the survey and exhibit drawing made by The
Wallace Group,Inc.,Round Rock,Texas in May of 2015.
Page 2 of 4
Exhibit"A"continued
Description of a 0.9913 acre tract
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central
Zone,NAD83) 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-4811 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.
OF
STF9`.CaDanielM.Flaherty,R.P.L.S.ANo. 5004 , �N....................:....
The Wallace Group, DANIEL W FLAHEHTY
.............................•�
A CP&Y, Inc. Company r Op 5004
One Chisholm Trail, Suite 130 9,y:°FFss�o?'O
Round Rock,Texas 78681
Ph. (512)248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4811 05-05-2015
23563-13/FN01.doc Date
Page 3 of 4
EXHIBIT "B'
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
A PROPOSED 0.9913 ACRE RIGHT-OF-WAY PARCEL
LOCATED IN THE DAVID CURRY SURVEY, ABSTRACT 103,
AND BEING A PART OF LOT 1, BLOCK A, UNITED AUTO PARTS SUBDIVISION,
RECORDED IN CABINET EE, SLIDE 206, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
RESUBDIVISION OF
CHAPEL HILL NORTH
gSECTION 3
Y SUgOSY%AS CAB.J.SLCK D.2D5--206
6 CUg NO•q TE P.R.W.C.T.
w wl DAYI DTA COUNT LOT 1 FILED: JANUARY 6, 1969
> j L AMgON BLOCK A LOT 9
FIELD NOTE BLOCK H
3
BE YI IL GREEN SQUARE COAlAIENCINC
o o CAB. DD,SLD. 176-177 POINT
Id a' P.R.W.C.T.
FILED: JUNE 26, 2007 LOT 1D
Iw FIELD NOTE LOT 11
POINT OF
yy BEGINNING
LOT 12
SCALE.• 1" = 200' �
SUBDIVISION LINE .� AQE
LOT 1 Q� Z CALLED 6.613 ACRES n Ex o go.R'�
BLOCK A qpm O PARCEL (43180 SQ.FFT.)Y DOC NO.20N0 CHUAN2 32, O�P.R.W.C.T. SOW,uN T (6
DPI SUBDIVISION '�"Q� LOT 1E
CAB.M,SLD.313-314 ��c s N 55, E - 482-A2! $ j 0W VN
P.R.W.C.T, rx1�- $ BLOCK AR•
FILED: MARCH 12, 1996 Ct1 C-3 2.539 AC, 5¢24
(110,615 SOST.) $ LOT 39 CHAPEL SEC71ON 3HILL 0RTH
CAB. F.SLD. 176-177
_ _ L-4 C— X8.5 P.R.W.C.T.
TEXAS AVENUE n 24' W FILED: OCTOBER 4, 1984
(60' P_0.W.) S 5554 w LOT 38
L-2 C-1 UNITED AUTO PARTS SUBDIVISION gg��BLOCK D
CAB. EE, SLD. 206 PI
LOT 5 in 1 P.R.W.C.T.
FILED: MARCH 17, 2008 w LOT 37
RESUBDIVISION OF C-2 SUBDIVISION LINE
INDUSTRIAL PARK LOT 1 LOT 1 s
SECTION II BLOCK A BLOCK A m N LOT 38
CAB.I.'R SLD. 247 CHANDLER CREEK INDUSTRIAL PARK 3.085 AC. PA N
P.R.W.C.T. SECTION SIX 134,399 SQ. FT.
FILED: JULY 12 1983 ( ) CHAPEL HILL NORTH
E CAB.I,SLD.389-390
P.R.W.C.T. LOT 35 CAB. SECTION
FILED: SEPTE]IBER 30,1987 SUBDIVISION LINE P.R.W.C.T.
LLOT
FILED: OCTOBER 4,1984
LOT 30LOT 29 LOT 32 LOT 33 LOT 34
n
0
N
Ln R.O.W. CURVE TABLE CHAPEL HIL NORTH
CURVE DELTA RADIUS TANGENT LENGTH CH. BEARING CH. DIST. LOT 28 SECTION ONE
C-1 12'52'59' 630.00' 71.13' 141.66' S 62.20'54' W 141.36' CAB. P.P..W C.T 5-176
C-2 8952'06' 15.00' 14.97' 23.53' S 23.51'20' W 21.19' FILED: FEBRUARY 16,1983
F C-3 90'07'51' 15.00' 15.03' 23.60' S 66'08'41' E 21.24' R.O.W. LINE TABLE
z C-4 12'52'59' 570.00' 64.35' 128.16' N 6220'54' E 127.89' LINE BEARING DIST. LEGEND
w L-1 S 21'19'51' E 61.52'
n GENERAL NOTES: L-2 S 88.47'23' W 92.94' O= SET 1/2' IRON ROD WITH
1. ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. L-3 N 21'04'46' W 90.00' ALUMINUM CAP
2. SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND L-4 N 8847'23' E 92.73' STAMPED "CORR ROW'
ID CONDITIONS THAT MAY BE APPLICABLE. L-5 S 21'04'48' E 76.86 •= FOUND 1/2' IRON ROD
LO
N 3. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. L-6 N 21'04'46' W 188.31' (UNLESS OTHERWISE NOTED)
} 4. THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. L-7 S 2119'51' E 81.51' P.R.W.C.T,— PLAT RECORDS OF
5. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM WILLIAMSON COUNTY, TEXAS
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.P.R.WC.T.- OFFICIAL PUBUC RECORDS OF
i COOPERATIVE CORS RTK NETWORK. WILLIAMSON COUNTY, TEXAS
T HE 3
WALLACE GJ '
engineers architects surveyors OF T
< '` ......T.....
A CP&Y COMPANY 1S
x WACO KILLEEN DALLAS ROUND ROCK
TBPLS 10051701 1 Chisholm Trail, Suite 130, Round Rock,Texas 78681 1 (512)248.0065 TBPE F-54 '•"'•"""""""""""""
r DANIEL M.FLAHERTY
o I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ""'"" """" '�:Q
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR p 5004
LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 5TH DAY OF � _ 2015. °`�'��
M SURVEYED: 04/30/2015 ^
N AN_IE L M.FLAHERTY, R,P.LS. N OF 5004 4 OF 4
N
0 200 400 PLAT N0. A-4811 DRAFT DATE 05/05/15 DRAWN BY DV
SCALEWORK ORDER N0. 23563 FIELDBOOK/PG. 210/08 TAB # A-4811
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 23563R-13—EXHIBIT F/N # 23563R-13/FN-01