R-12-12-06-F1 - 12/6/2012RESOLUTION NO. R -12-12-06-F1
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 ("City") and the public -at -large to construct
and maintain parks and recreation facilities in the nature of nature trails for the public use of walking,
running, hiking, bicycling, and otherwise using or traversing over, upon and across such trails in the general
vicinity of Brushy Creek east of A.W. Grimes Boulevard (the "Project"); and
WHEREAS, in accordance with the above, the City Council hereby finds that it is a necessity
and in the public interest to acquire a trail and access easement interest for the Project in the following:
1. approximately 2.642 acres of land in Williamson County, Texas, from John Bolt Harris, Susan
Hickox Harris and the Hickox Family Trust ("Easement I"); said land more particularly described in
and shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes;
2. approximately 0.94 acres of land and 0.29 acres of land in Williamson County, Texas from
Charles and Francis Dumas ("Easement 2"); said land more particularly described in and shown on
Exhibit "B" attached hereto and incorporated herein by reference for all purposes;
collectively, Easement 1 and Easement 2 are referred to herein as the "Property";
WHEREAS, it is necessary to establish procedures for determining and approving just
compensation for the Property to be acquired for this Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS.
I.
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 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.
00261786.dodjmr
Section 2. The City Manager or his designated agent, is hereby authorized on behalf of the City
to attempt to negotiate, settle and agree on damages and compensation to be paid to owners of any
remaining 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 is
hereby authorized to file or cause to be filed, against the owners and interested parties of any interest in
the Property, proceedings in eminent domain to acquire the stated interest in and to the above
described lands, in order to allow the City and/or its assigns 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 and uses. 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
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.
2
0 mA,----� -
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
qw'-
SARA L. WHITE, City Clerk
Page 1 of 4
DATE: 12/04/2012
EXHIBIT "A"
JOHN BOLT HARRIS, SUSAN HICKOX HARRIS
AND THE HICKOX FAMILY LIVING TRUST PARCEL
DESCRIPTION OF A CENTERLINE FOR A 50 FOOT WIDE STRIP OF LAND SITUATED IN
THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT 107.17 ACRE TRACT OF LAND
CONVEYED TO JOHN BOLT HARRIS, SUSAN HICKOX HARRIS AND THE HICKOX
FAMILY LIVING TRUST BY INSTRUMENTS RECORDED IN VOLUME 2325, PAGE 245 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND IN DOCUMENT NO.
2006053683 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 50 FOOT WIDE STRIP OF LAND BEING PARALLEL TO AND 25 FEET EACH SIDE
OF THE HEREIN DESCRIBED CENTERLINE; SAID CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod found for the northeast comer of that tract of land conveyed to Charles Dumas
and wife, Frances Dumas by instrument recorded in Document No. 1999072826 of the Official Public Records of
Williamson County, Texas, and described in Volume 324, Page 20 of the Deed Records of Williamson County,
Texas, same being the northwest comer of said remainder tract, being in the south Right -of -Way line of the Union
Pacific Railroad Company (formerly Missouri Pacific Railroad and originally the International and Great Northern
Railroad) (100 foot Right -of -Way Width);
THENCE with the common boundary line of said Dumas tract and the said remainder tract,
S 02°04'00" E, for a distance of 1129.84 feet to the calculated POINT OF BEGINNING of the herein described
centerline;
THENCE, departing said common line, through the interior of said remainder tract the following twenty-three (23)
courses and distances:
1. Along a curve to the right, having a radius of 100.00 feet, a central angle of 21042'18", an arc length of 37.88
feet, and a chord which bears N 84°45'30" E for a distance of 37.66 feet to a calculated point of tangency;
2. S 84°23'21" E for a distance of 51.44 feet to a calculated point of curvature;
3. Along a curve to the left, having a radius of 100.00 feet, a central angle of 25"33'01", an arc length of 44.59 feet,
and a chord which bears N 82°50'08" E for a distance of 44.23 feet to a calculated point of reverse curvature;
4. Along a curve to the right, having a radius of 100.00 feet, a central angle of 27°17'02", an arc length of 47.62
feet, and a chord which bears N 83°42'09" E for a distance of 47.17 feet to a calculated point of compound
curvature;
5. Along a curve to the right, having a radius of 380.00 feet, a central angle of 29°36'27", an arc length of 196.36
feet, and a chord which bears S 67°51'07" E for a distance of 194.19 feet to a calculated point of reverse
curvature;
6. Along a curve to the left, having a radius of 150.00 feet, a central angle of 37056'54", an arc length of 99.35 feet,
and a chord which bears S 72°01'21" E for a distance of 97.54 feet to a calculated point of reverse curvature;
7. Along a curve to the right, having a radius of 100.00 feet, a central angle of 29°55'25", an arc length of 52.23
feet, and a chord which bears S 76002'06" E for a distance of 51.64 feet to a calculated point of non -tangency;
8. S 64°19'07" E for a distance of 50.95 feet to a calculated angle point;
9. S 71°22'44" E for a distance of 220.03 feet to a calculated angle point;
10.S 77040'56" E for a distance of 136.31 feet to a calculated point of curvature;
11. Along a curve to the right, having a radius of 100.00 feet, a central angle of 29039'10", an arc length of 51.75
feet, and a chord which bears S 62°47'53" E for a distance of 51.18 feet to a calculated point of reverse
curvature;
12.Along a curve to the left, having a radius of 100.00 feet, a central angle of 59033'28", an arc length of 103.95
feet, and a chord which bears S 77°45'02" E for a distance of 99.33 feet to a calculated point of reverse
curvature;
Page 2 of 4
DATE: 12104/2012
13.Along a curve to the right, having a radius of 100.00 feet, a central angle of 30°30'44", an arc length of 53.25
feet, and a chord which bears N 87043'36" E for a distance of 52.63 feet to a calculated point of non -tangency;
14.S 77°00'38" E for a distance of 323.55 feet to a calculated point of curvature;
15.Along a curve to the right, having a radius of 167.73 feet, a central angle of 11034'53", an arc length of 33.90
feet, and a chord which bears S 71°13'11" E for a distance of 33.85 feet to a calculated point of tangency;
16.S 6502545" E for a distance of 84.40 feet to a calculated angle point;
17. S 7003345" E for a distance of 177.30 feet to a calculated angle point;
18.S 77054'11" E fora distance of 72.65 feet to a calculated point of curvature;
19. Along a curve to the left, having a radius of 300.00 feet, a central angle of 14041'28", an arc length of 76.92 feet,
and a chord which bears S 89°24'54" E for a distance of 76.71 feet to a calculated point of reverse curvature;
20.Along a curve to the right, having a radius of 200.00 feet, a central angle of 51°49'18", an arc length of 180.89
feet, and a chord which bears S 70°50'58" E for a distance of 174.79 feet to a calculated point of tangency;
21. S 44°56'19" E for a distance of 74.46 feet to a calculated point of curvature;
22. Along a curve to the left, having a radius of 100.00 feet, a central angle of 46°15'04", an arc length of 80.72 feet,
and a chord which bears S 68°03'51" E for a distance of 78.55 feet to a calculated point of tangency;
23. N 88°48'37" E for a distance of 51.07 feet to the calculated POINT OF TERMINATION, being in the common
boundary line of the remainder of that 157.385 acre tract (Tract 1) of land conveyed to Bison Tract 79, LTD., by
instrument recorded in Document No. 2007049657 of the Official Public Records of Williamson County, Texas,
and described in Document No. 1999047747 of the Official Public Records of Williamson County, Texas, and
said remainder of 107.17 acre tract, and from which the southeast comer of said remainder of 107.17 acre tract,
same being the southwest comer of said remainder of 157.385 acre tract, being also the approximate centerline
of Brushy Creek bears S 00°10'28" E (Record) (Bearing Basis), with said common boundary line, 822.54 feet,
and also from which an iron rod found with plastic cap stamped "B -A", being the southeast comer of that 4.42
acre tract of land conveyed to Thomas P. & Christel Elrod by instrument recorded in Volume 1813, Page 540 of
the Official Records of Williamson County, Texas, bears N 00°10'28" W (Record) (Bearing Basis), with said
common boundary line, 10.00 feet, and S 89°09'34" E (Record) with the common boundary line of said 4.42 acre
tract and said remainder of 157.385 acre tract, 315.38 feet (Record);
This property description is accompanied by a separate exhibit plat.
That I, Lawrence M. Russo, 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 was determined
partially by a survey made on the ground under my direction and supervision and partially from record information.
WI -MESS MY HAND AND SEAL atjlkund Rock, Williamson County, Texas.
Z.
wrence M. Russo i
Registered Professional Land Surve r No. 5050
Inland Geodetics, L.P.
Firm Reg. No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
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Page 1 of 3
EXHIBIT B
Revised: 09/26/2012
CHARLES AND FRANCES DUMAS PARCEL
DESCRIPTION OF A CENTERLINE FOR A 50 FOOT WIDE STRIP OF LAND SITUATED IN
THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO CHARLES DUMAS AND
WIFE, FRANCES DUMAS BY INSTRUMENT RECORDED IN DOCUMENT NO. 1999072826
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
DESCRIBED IN VOLUME 324, PAGE 20 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 50 FOOT WIDE STRIP OF LAND BEING PARALLEL TO AND 25
FEET EACH SIDE OF THE HEREIN DESCRIBED CENTERLINE; SAID CENTERLINE
BEING MORE PARTICULARLY DESCRIBED AS PART 1 AND PART 2, AS FOLLOWS:
PART 1
COMMENCING at a 518 Inch iron rod found for the northeast corner of said Dumas tract, same being the northwest
corner of that called remainder of 107.17 acre tract of land conveyed to John Bolt Harris, Susan Hlckox Hams and
Hickox Family Living Trust by instruments recorded in Volume 2325, Page 245 of the Official Records of Williamson
County, Texas and in Document No. 2006053683 of the Official Public Records of Williamson County, Texas, being
in the south Right -of -Way of the Union Pacific Railroad Company (formerly Missouri Pacific Railroad and originally
the International and Great Northern Railroad) (100 foot Right -of -Way Width);
THENCE with the common boundary line of said Dumas tract and said remainder tract, S 02"04'00" E, for a distance
of 1120.75 feet to the calculated POINT OF BEGINNING of the herein described centerline;
THENCE, departing said common line, through the interior of said Dumas tract the following five (5) courses and
distances:
1. Along a curve to the left, having a radius of 100.00 feet, a central angle of 24024'42", an are length of 42.61 feet,
and a chord which bears S 53052'33" W for a distance of 42.28 feet to a calculated point;
2. S 44°31'17" W for a distance of 79.59 feet to a calculated point;
3. Along a curve to the right, having a radius of 100.00 feet, a central angle of 42006'44", an arc length of 73.50
feet, and a chord which bears S 68°25'44" W for a distance of 71.86 feet to a calculated point;
4. S 89°29'06" W for a distance of 58.70 feet to the calculated POINT OF TERMINATION of Part 1 centerline,
being In the east boundary line of that tract of land conveyed to the State of Texas by Instrument recorded in
Volume 1970 Page 515 (Exhibit A) of the Official Records of Williamson County Texas (original M.K.&T. railroad
right -0f --way) and from which the approximate centerline of Brushy Creek bears approximately S 06'45'27" E
(Record) with said east boundary line, 95.0 feet, and also from which said south Right -of -Way of the Union
Pacific Railroad Company bears approximately N 0645'27" W (Record) (Bearing Basis) with said east boundary
line, 1084.5 feet;
PART 2
COMMENCING at a 112 inch iron rod with plastic surveyors cap (Inland) found in the westerly boundary line of said
Dumas tract, same being the northeast corner of that called 13.733 acre tract of land conveyed to The City of Round
Rock by instrument recorded in Volume 1490, Page 660 of the Official Records of Williamson County, Texas;
THENCE with the common boundary line of said Dumas tract and said 13.733 acre tract, S 01°55'41" E (Bearing
Basis), for a distance of 239.57 feet to the POINT OF BEGINNING of the herein described centerline;
THENCE, departing said common line, through the interior of said Dumas tract the following six (6) courses and
distances:
1. N 64°52'29" E for a distance of 43.32 feet to a calculated point;
2. N 77°22'41" E for a distance of 124.16 feet to a calculated point;
3. N 84031145" E for a distance of 70.96 feet to a calculated point;
Page 2 of 3
Revised: 09/26/2012
4. N 64057118" E for a distance of 260.17 feet to a calculated point;
5. N 73°54'44" E for a distance of 201.04 feet to a calculated point;
6. N 79053'19" E for a distance of 123.49 feet to the calculated POINT OF TERMINATION of Part 2 centerline
being the west boundary line of said State of Texas tract, and from which the approximate centerline of Brushy
Creek bears approximately S 06°45'27' E (Record) with said west boundary line, 118.0 feet, and also from
which said south Right -of -Way of the Union Pacific Railroad Company bears approximately N 06°45'27" W
(Record) with said west boundary line, 972.4 feet;
This property description is accompanied by a separate exhibit plat.
That I, Lawrence M. Russo, 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 was determined
partially by a survey made on the ground under my direction and supervision and partially from record information.
MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Lawrence M. Russo I
Registered Professional Land Su eyor No. 5050
Inland Geodetics, L.P.
Firm Reg. No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
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ROUND ROCK, TEXAS City Council Agenda Summary Sheet
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. F1.
Consider a resolution authorizing the use of eminent domain to condemn an easement
interest in three parcels of land for the public use of a trail in the area of Brushy Creek east
Agenda Caption: of A.W. Grimes Boulevard.
Meeting Date: December 6, 2012
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
The City and Williamson County partnered on the project and received a $2.36 million grant from CAMPO. The City is
funding $190,000 and Williamson County is funding $400,000 of this project. The project entails design, ROW acquisition
and.construction of approximately 7 miles of trail connecting the existing Brushy Creek Trail (north of Sonoma Subdivision)
to A.W. Grimes and the Greater Lake Creek Trail System. The tracts being authorized for condemnation are the only two
tracts that have not been acquired.
The motion to adopt the resolution must contain specific language and should read as follows:
I move that the City of Round Rock authorize the use of the power of eminent domain to acquire an easement interest in
the following parcels of land for the public use of construction and operation of nature trails in the general vicinity of
Brushy Creek east of A.W. Grimes Boulevard, and that the first record vote on this motion applies to all of the units to be
condemned:
1. approximately 2.626 acres of land owned by John Bolt Harris, Susan Hickox Harris and the Hickox Family Trust
(Easement 1), as described in Exhibit "A" of the Resolution;
2. approximately 0.94 acres of land and 0.29 acres of land owned by Charles and Francis Dumas (Easement 2), as
described in Exhibit "B" of the Resolution.
Cost: N/A
Source of Funds: N/A
Recommended Action: Approval