R-2016-3183 - 1/28/2016 Gattis School Rd.
RESOLUTION NO. R-2016-3183
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 Gattis School Road, 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 0.044 acre (Parcel 1) 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 for driveway reconstruction on and
across approximately 0.030 acre (Parcel 1 TCE) more particularly described and shown in the Plat to
Accompany Parcel Description as part of Exhibit "A" attached hereto, such property being owned by
BAWANY INVESTMENTS, INC. (the "Property"), for the public use of construction,
reconstruction, widening, maintaining, and operating of the Gattis School Road roadway
improvements, replacement driveway connection to the remaining property of owner, utility relocation,
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;
WHEREAS, it is necessary to establish procedures for determining and approving just
compensation, and completing acquisition of the Property for this Project.
0112.1604;00349906
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
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.
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 Govermnent Code, as amended.
RESOLVED this 28th of January, 2016.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Sara White, City Clerk
3
Page 1 of 4
EXHIBIT A
Parcel: Bawany Investments Inc.
County: Williamson
Project: Gattis School Road
PROPERTY DESCRIPTION FOR BAWANY INVESTMENTS INC.
DESCRIPTION OF A 0.044 ACRE (1,931 SQUARE FOOT)TRACT OF LAND SITUATED IN THE WILEY
HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1, OF THE SOUTHGATE SECTION 1 SUBDIVISION, A SUBDIVISION ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET D, SLIDE 45 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND CONVEYED TO BAWANY INVESTMENTS, INC., BY INSTRUMENT
RECORDED IN VOLUME 2120, PAGE 402 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.044 ACRE (1,931 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 5/8" iron rod found, being the southeasterly corner of Lot 3 of said
subdivision, and the most northeasterly corner of Lot 2 of said subdivision, same being the existing
westerly right-of-way(ROW) line of Cushing St. (as monumented);
THENCE, with the easterly boundary line of said Lot 2 and Lot 1, same being the monumented westerly
ROW line of said Cushing St. S 01'28'09" E for a distance of 179.98 feet to a cotton gin spindle set, 80.86
feet left of proposed Gattis School baseline station 22+55.60, for the most northeasterly corner and the
POINT OF BEGINNING of the herein described tract;
1) THENCE, continuing with the easterly boundary line of said Lot 1, same being said ROW line of
Cushing St., S 01028'09" E for a distance of 48.68 feet to a calculated point, being the most
southeasterly corner of said Lot 1, same being the intersecting point of said ROW line of Cushing
St and the northerly ROW line of Gattis School Rd. (ROW width varies), for the most
southeasterly corner of the herein described tract;
2) THENCE, departing said ROW line of Cushing St., with the southerly boundary line of said Lot 1,
same being said ROW line of Gattis School Rd, S 70009'12" W for a distance of 174.03 feet to a
calculated point, being the most southwesterly corner of said Lot 1, same being the point of
intersection of said Gattis School Rd ROW line of and the easterly ROW line of South Mays St.
(ROW width varies), for the most southwesterly corner of the herein described tract;
3) THENCE, departing said ROW line of Gattis School Rd., with the westerly boundary line of said
Lot 1, same being said easterly ROW line of South Mays St., N 04°12'01" W for a distance of
30.43 feet to a cotton gin spindle set 63.99 feet left of proposed Gattis School baseline station
20+74.42, for the most northwesterly corner of the herein described tract, and from which a 3/8"
iron rod found, in the easterly ROW line of said South Mays St, being the northwesterly corner of
Lot 7 of said subdivision, same being the southwesterly corner of Lot 1 of the Egger's Southview
Addition subdivision recorded in Cabinet B, Slides 55-56 of the Plat Records of Williamson
County, Texas bears N 04°12'01"W at a distance of 704.59 feet;
THENCE, departing said easterly ROW line, through the interior of said Lot 1, the following five (5)
courses:
4) S 44°50'05" E for a distance of 23.50 feet to a cotton gin spindle set 42.69 feet left of proposed
Gattis School baseline station 20+84.35, for an angle point;
Page 2 of 4
5) N 70009112" E for a distance of 139.91 feet to a cotton gin spindle set 42.66 feet left of proposed
Gattis School baseline station 22+24.26, for an angle point;
6) N 24005'20" E for a distance of 27.09 feet to a cotton gin spindle set 62.17 feet left of proposed
Gattis School baseline station 22+43.06, for an angle point;
7) N 01°28'09"W for a distance of 21.69 feet to a cotton gin spindle set 82.75 feet left of proposed
Gattis School baseline station 22+49.90 , for an angle point;
8) N 88°31'51" E for a distance of 6.00 feet to the POINT OF BEGINNING, containing 0.044 acres
(1,931 square feet) of land, more or less.
Note: This parcel is accompanied by an 18 foot wide, 72 foot long, Temporary Construction
Easement, being parallel and northerly of course 5, as shown on the accompanying sketch.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct and that the property described herein was determined by a survey made
on the ground under my direct supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County, Texas.
M. Stephen Tr esdale Date
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor C3F
Inland Geodetics, LLC
Firm Registration Registration No: 100591-00 e`` F�y•�y
1504 Chisholm Trail Road, Suite 103 r•r••••rr•••rrrflr YifNlq•rgr
Round Rock, TX 78681
•tA STEPHEN TRUESDALE
4933
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SUs•`Y
EXHIBIT "
PLAT TO ACCOMPANY PARCEL DESCRIPTION 08/25/15
Sig ,RF LOT I
— ' ` EGGER'S SOUTHV I EYt PAGE 3 OF 4
,�
LOT 7 ADDITION
N 1n SOUTHGATE CAB. B. SLIDES 55-56
-f SECTION 11 P,R.W.C. T.
CAB. E, SLIDE 160 NUMBER DIRECTION DISTANCE
- - - - - - -- - - LI S44° 50'05"E 23,50'
0 25 50 L2 N24°05'20"E 27.09'
I" = 50' L3 NO I° 28'09"W 21.69'
' L4 N88' 31 ' 51 "E 6.00'
¢ r (1-5) (NO2°53'W) (405. 58' )
LOT 3 L6 N70°09' 1 2"E 27.08'
o L7 N19°50'48"W 18.00'
L8 N70°09' 12"E 72.00
L9 S 19°50'48"E 18.0--,
L 10 N70°09' 12"E 41. 14'
- - - -
-- - - -�- - - - - - - - - Sig 1
oJo WILEY HARRIS SURVEY P. O. R.
`? ABSTRACT NO. 298
' LOT 2 o
SOUTHGATE 1`n
o °
` SECTION I
CAB. D. SLIDE 45 0 2 �•
P,R.W.C.T, z ���
No
.l
- - - - - - `� �C7-7
c(
BAWANY INVESTMENTS, INC. LOT I
(0.44 AC. )
VOL. 2120, PG. 402
p:R.W.C-T CD
P.0. B.
nt s y 'STA. 22-49,90 STA. 22+55.60
ti t 82.75' LT 80.86' LT
1 STA 20.7442 STA 22-43 06
63.99 L'7 / 0 044 AC 62:,17
1,931 50. FT.
IY P C� I T..C.E. �� �� N(o
J 0.030 AC.
v L6 1,296 50. FT? �� L I 0
lQ P
o : PROPOSED N70-09' 12"Ef
Ex IAT ING 3,0_w.__S,7.0°
' STA. 20-84.35 (S7 1°08'W 174. 76' } STA.""°22f24._26.
42.69' LT 42.66' LT
GATT IS SCHOOL ROAD
IR.O.w. WIDTH VARIES)_ 21.00 22*00_ 23.00 24,+00
i PROPOSED GATTIS SCHOOL BASELINE I a
.. _
- -
;,EXISTING R.0.-w;:�. , , ;s rti -
N L A N D u PARCEL PLAT SHOWING PROPERTY OF
GEODETICS 'j BAWANY INVESTMENTS, INC.
PROFESSIONAL LAND SURVEYORS PARCEL 1
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,X(5 asst SCALE PROJECT CITY OF ROUND ROCK
PH.(512)238-I20Q,FA%(512)238-1251
FIRM REGISTRATION NO.100591—00 I " = 50 GATTIS SCHOOL W I LL I AMSON COUNTY
EXHIBIT "
PLAT TO ACCOMPANY PARCEL DESSCRIPTION 08/25/15
PAGE 4 OF 4
LEGEND
• %2° IRON ROD FOUND UNLESS NOTED
'n� CALCULATED POINT
® COTTON GIN SPINDLE SET
(L CENTER LINE
4' PROPERTY LINE
( ) RECORD INFORMATION
LINE BREAK
(V LAND HOOK
P.O. B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
N. T. S. NOT TO SCALE
D.R.W.C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.R.IV. C. T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W. C. T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
I) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARING.
ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE
SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM. NAD 83, CENTRAL ZONE
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT.
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS
TRACT NOT DEPICTED HEREON.
+*O F
VIV
•••i+a ii+rti+ias+e w.r•H+w
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT M STEPHEN TRUESDALE
AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED ♦Ni1++•iri+........i+iµH Wiu
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION ANDCyt' 4933
SUPERV I S I O {�. O AE's Q;a�,.�
Sy�r.•�..L,
taica
M. STEPH N T SDALE DATE1
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR aCR 5 sOUARE FEET
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 ACOUISITION 0.044 1,931
1504 CHISHOLM TRAIL ROAD. SUITE 103
ROUND ROCK, TX 78681 CALC/DEED AREA 0.44 19, 166
REMAINDER AREA 0,396 17,235
PARCEL PLAT SHOWING PROPERTY OF
INLANDu�
GEODETICS BAWANY INVESTMENTS. INC.
PARCEL I
PROFESSIONAL LANA SURVEYORS
.x 1 Sd4 CHI5HOUd TRAIL RD.STE.103
ROUND ROCK,TX.78681 SCALE PROJECT ICITY QF ROUND ROCK
PH.(512)238-1200,FAX(512)238-12Si
FIRM REOISTRATON NO.100591-00 I" = 50, GATT I S SCHOOL W I LL I AMSON COUNTY