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R-13-02-14-F4 - 2/14/2013RESOLUTION NO. R -13-02-14-F4 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 a water works system, including distribution and transmission facilities, on property located between Ronald Reagan Boulevard in the west and County Road 175 in the east, north of Whitestone Boulevard (the "Project"), the same being a public use; and WHEREAS, in accordance with the above, the City Council hereby finds that it is a necessity and in the public interest to acquire waterline easement interests, and associated temporary construction easement interests, for the Project in the following: 1. approximately 2.488 acres of land in Williamson County, Texas from Russell Austin Burleson ("Parcel 6"); said land more particularly described in and shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes; 2. approximately 1.543 acres of land in Williamson County, Texas from Gladys Katherine Galloway, Nancy Sue Wiseman and Joe Edgar McCann ("Parcel 9"); said land more particularly described in and shown on Exhibit "B" attached hereto and incorporated herein by reference for all purposes; 3. approximately 0.181 acres of land in Williamson County, Texas from Sue McCann Wiseman and spouse, Charles A. Wiseman ("Parcel 11 "); said land more particularly described in and shown on Exhibit "C" attached hereto and incorporated herein by reference for all purposes; 4. approximately 0.206 acres of land in Williamson County, Texas from Joe Edgar McCann and spouse, Kathy D. McCann ("Parcel 12"); said land more particularly described in and shown on Exhibit "D" attached hereto and incorporated herein by reference for all purposes; 0:\wdox\SCC1nts\0112\1304\MIJNICIPAL\00268009.DOC/j mr WHEREAS, in accordance with the above, the City Council hereby finds that it is a necessity and in the public interest to acquire a fee simple interest, or lesser interest, and associated temporary construction easement, for the Project in approximately 0.808 acres of land in Williamson County, Texas from Judith L. Davis ("Parcel 10"); said land more particularly described in and shown on Exhibit "E" attached hereto and incorporated herein by reference for all purposes; WHEREAS, in accordance with the above, the City Council hereby finds that it is a necessity and in the public interest to acquire a fee simple interest for the Project in approximately 0.541 acres of land in Williamson County, Texas from Judith L. Davis ("Parcel 1OF"); said land more particularly described in and shown on Exhibit "F" attached hereto and incorporated herein by reference for all purposes; Parcel 6, Parcel 9, Parcel 10, Parcel IOF, Parcel 11, and Parcel 12 are referred to herein collectively 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 and is a public use to construct and maintain improvements related to the Project 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 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 2 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. 3 RESOLVED this 14th day of February, 2013. ALA MCGRAW, Mayor City of Round Rock, Texas ATTEST: - �1� Ka# SARA L. WHITE, City Clerk C-1 PARCEL -25 BURLESON COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 2.488 ACRE (108,397 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 125 ACRES TRACT OF LAND (TRACT 3) CONVEYED TO RUSSELL AUSTIN BURLESON BY INSTRUMENT RECORDED IN DOCUMENT NO. 1998013732 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.488 ACRE (108,397 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 5 BEGINNING FOR REFERENCE at 1/2" iron rod found in the ostensible Survey Line separating said John D. Anderson Survey to the north and the Washington Anderson Survey, Abstract No. 15, to the south, same being the northeast comer of that called 4.739 acre tract of land conveyed to Jimmie W. Moore by instrument recorded in Vol. 2388, Pg. 352 of the Official Records of Williamson County, Texas, same being the northwest corner of that called 3.000 acre tract of land conveyed to Darlene Renfro by instrument recorded in Vol. 2271, Pg. 915 of the Official Records of Williamson County, Texas, also being in the south line of said 125 acre tract; THENCE, with said ostensible Survey Line, same being the common line between said 125 acres tract and said 4.739 acres tract, S 69040'54" W for a distance of 40.62 feet to a calculated point and the POINT OF BEGINNING of the herein described tract; 1) THENCE, continuing with said ostensible Survey Line, same being said common boundary line, S 69040'54" W for a distance of 52.17 feet to a calculated point, for the most westerly corner of the herein described tract; THENCE, departing said ostensible Survey Line, same being said common boundary line and through the interior of said 125 acre tract, the following six (6) courses: 2) N 191137'12" E for a distance of 65.61 feet to a calculated point; 3) N 64037112" E for a distance of 347.36 feet to a calculated point for the beginning of a curve to the right; 4) along said curve to the right, having a delta angle of 05°04'32", a radius of 1085.00 feet, an arc length of 96.11 feet, and a chord which bears N 67°09'27" E for a distance of 96.08 feet to a calculated point; 5) N 69°41'43" E for a distance of 695.40 feet to a calculated point; 6) N 69°40'59" E for a distance of 1405.50 feet to a calculated point; 7) S 87°59'14" E for a distance of 220.23 feet to a calculated point in said ostensible Survey Line, being the southeast corner of Lot 15, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, same being in the northerly boundary line of Lot 1 Rainbow Heights, a subdivision of record, recorded in Cab. AA, Slide 62-64, of the Plat Records of Williamson County, Texas, same being the southeast corner of said 125 acre tract, for the most easterly corner of the herein described tract, and from which a 112" iron rod found in the said ostensible Survey Line, being the northwest corner of the remainder of that called 36.96 acre tract of land conveyed to Sue McCann Wiseman, Gladys Galloway, and Joe Edgar McCann by will of Bernice Borho McCann and described by instrument in Vol. 737, Pg. 151 of the Deed Records of Williamson County, Texas, same being the northeast corner of said Lot 1, same being in the southerly boundary line of said Lot 15 bears, N 69°35'22" E at a distance of 13.10 feet, also from which a 1/2" iron rod found bears S 21008'23" E at a distance of 0.83 feet; EXHIBIT 6 PARCEL 25 BURLESON Page 2 of 5 COUNTY: WILLIAMSON 8) THENCE, in said ostensible Survey Line, with the common boundary line of said Lot 1 and said 125 acre tract, S 69035'22" W for a distance of 78.65 feet to a calculated point; THENCE, departing said ostensible Survey Line, and said common boundary line, and through the interior of said 125 acre tract the following six (6) courses: 9) N 87059'14" W, for a distance of 115.29 feet to a calculated point; 10) S 69°40159" W for a distance of 1423.93 feet to a calculated point; 11) S 69°41'43" W for a distance of 695.40 feet to a calculated point, for the beginning of a curve to the left; 12) along said curve to the left, having a delta angle of 05°04'32", a radius of 1045.00 feet, an arc length of 92.57 feet, and a chord which bears S 67°09'27" W for a distance of 92.54 feet to a calculated point; 13) S 64°37'12" W for a distance of 330.79 feet to a calculated point; 14) S 19°37'12" W for a distance of 15.55 feet to the POINT OF BEGINNING, containing 2.488 acres (108,397 square feet) of land, more or less. NOTE: There is also a variable width Temporary Construction Easement as depicted on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate 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 by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. wrence M. Russo Registered Professional La d S 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 EXHIBIT A �C_ iso i 10920 O 'PT 'PTm (A W T C n N r N r r C CO 0Z ro rn (fiM o� z� 0 In D 0 m r M. . 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(,58 6LZ M 90o61N} m n W •0£,ZZo61S) r C Spp cn nim4 NH o m m 3 EXHIBIT m N m rn n m �, Ry SCp ST l r 0 l rl PARCEL 9 - PART 1 & 2, W ISEMAN, GALLOWAY, MCCANN Page 1 of 5 COUNTY: WILLIAMSON REVISED 09-26-2012 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 1.543 ACRE (67,182 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 36.96 ACRE TRACT (TRACT 3) OF LAND, CONVEYED TO SUE MCCANN WISEMAN, GLADYS GALLOWAY, AND JOE EDGAR MCCANN, BY PROBATE WILL OF BERNICE BORHO MCCANN, AND DESCRIBED BY INSTRUMENT RECORDED IN VOL. 737, PG. 151, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.543 ACRE (67,182 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS PART 1, CONTAINING 1.522 ACRE (66,281 SQUARE FEET), AND PART 2, CONTAINING 0.021 ACRE (901 SQUARE FEET) BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 (1.522 ACRE, 66,281 SQUARE FOOT) BEGINNING at an iron rod found, in the southerly boundary line of Lot 15, Stonehurst, a subdivision of record, recorded in Cab. C, Sid. 251 of the Plat Records of Williamson County, Texas, being the northeast corner of Lot 1, Rainbow Heights, a subdivision of record, recorded in Cab. AA, Sid. 62-64 of the Plat Records of Williamson County, Texas, same being the northwest comer of the remainder of said 36.96 acre tract, for the northwest comer and the POINT OF BEGINNING of the herein described tract, and from which a calculated point in the northerly boundary line of said Lot 1, being the southeast corner of that 125 acre tract of land conveyed to Russell Austin Burleson by instrument recorded in Doc. No. 1998013732 of the Official Records of Williamson County, Texas, same being the southwest comer of said Lot 15 bears S 69°35'22" W at a distance of 13.10 feet, and from which a 1/2" iron rod found bears S 21 °08'23" E at a distance of 0.83 feet; 1) THENCE, with the southerly boundary line of said Lot 15, and Lot 16 of said Stonehurst Subdivision, same being the northerly boundary line of the remainder of said 36.96 acre tract, N 69°18'46" E, passing at a distance of 786.87 feet, a calculated point for the southeast corner of said Lot 15, same being the southwest comer of said Lot 16, and from which a %2" iron rod found, bears N 20°41'14" W at a distance of 3.43 feet, and continuing for a total distance of 1573.21 feet to a 318" iron rod found for the southeast corner of said Lot 16, same being the southwest comer of the remainder of that called 19.085 acre tract of land conveyed to Raymond J. and Judith L. Davis, by instrument recorded in Volume 658, Pg. 870, of the Deed Records of Williamson County, Texas; 2) THENCE, with the common boundary line of the remainder of said 19.085 acre tract, and the northerly boundary of the remainder of said 36.96 acre tract, N 69041'16" E for a distance of 141.89 feet to a calculated point, for the northeast corner of the herein described tract and from which an Iron rod found with plastic cap stamped "2025", in the existing westerly right-of-way line of County Road 175 (R,O.W. width varies), being the southeast comer of the remainder of said 19.085 acre tract, same being the northeast corner of the remainder of said 36.96 acre tract bears N 69°41'16" E at a distance of 971.53 feet; THENCE, departing said common boundary line, through the interior of the remainder of said 36.96 acre tract, the following two (2) courses: 3) Along a curve to the left, having a radius of 2050.00 feet, a central angle of 03618'45", a chord which bears, S 50°03'42" W, a distance of 118.50 feet, with an arc length of 118.52 feet to a calculated point, for the southeast comer of the herein described tract; 4) S 69018'46" W for a distance of 1603.07 feet to a calculated point, being in the easterly boundary line of said Lot 1, Rainbow Heights, same being in the westerly boundary line of the remainder of said 36.96 acre tract, for the southwest comer of the herein described tract; 5) THENCE, with the common boundary line of said Lot 1 and the remainder of said 36.96 acre tract, N 20°54'07" W for a distance of 40.00 feet to the POINT OF BEGINNING, containing 1.522 acres (66,281 square feet) of land, more or less. NOTE: There is also a variable width Temporary Construction Easement southerly of and parallel to Call 4 of the above description as depicted on the accompanying parcel plat. EXHIBIT O PARCEL 9 - PART 1 & 2, W ISEMAN, GALLOWAY, MCCANN COUNTY: WILLIAMSON PART 2 (0.021 ACRE, 901 SQUARE FOOT) Page 2 of 5 REVISED 09-26-2012 BEGINNING at an iron rod found with plastic cap stamped "2025", in the existing westerly right-of-way line (R.O.W.) of County Road 175 (R.O.W. width varies), being the southeast comer of the remainder of said 19.085 acre tract of land, same being the northeast comer of the remainder of said 36.96 acre tract, for the northeast corner and the POINT OF BEGINNING of the herein described tract, and from which an iron rod found with plastic cap being in said westerly R.O.W. line, same being In the easterly boundary line of the remainder of said 19.085 acre tract, bears N 34°24'03" W at a distance of 102.82 feet; 1) THENCE, with said westerly R.O.W. line, same being the easterly boundary line of the remainder of said 36.96 acre tract, S 25°2312" E, for a distance of 30.04 feet to an iron rod found with plastic cap stamped "B.A.", being the northeast corner of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by instrument recorded in Volume 836, Pg. 853, of the Deed Records of Williamson County, Texas, same being an angle point in the easterly boundary line of the remainder of said 36.96 acre tract, for the southeast corner of the herein described tract; 2) THENCE, departing said westerly R.O.W. line, with the common boundary line of the remainder of said 3.18 acre tract, and the remainder of said 36.96 acre tract, S 69°36'32" W for a distance of 30.04 feet to a calculated point, for the southwest comer of the herein described tract, and from which a 1/2" iron rod found, being the northwest corner of the remainder of said 3.18 acre tract, same being the an ell corner of the remainder of said 36.96 acre tract bears, S 69"36'32" W at a distance of 447.69 feet; 3) THENCE, departing said common boundary line, and through the interior of the remainder of said 36.96 acre tract, N.25031'23" W for a distance of 30.09 feet to a calculated point, being in the southerly boundary line of the remainder of said 19.085 acre tract, same being in the northerly boundary line of the remainder of said 36.96 acre tract, for the northwest corner of the herein described tract; 4) THENCE, with the common boundary line of the remainder of said 19.085 acre tract and the remainder of said 36.96 acre tract, N 69041116" E for a distance of 30.12 feet to the POINT OF BEGINNING, containing 0.021 acres (901 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate 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 by a survey made on the ground under my direction and supervision. MY HAND AND SEAL at Round Rock, Williamson County, Texas. F ente M.Russoste l Professional Land Su eyor o. 5050 d Geodefics, L.P. Firm Reg. 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MQ�� D za yc zm zp m m z c o v o m ' s 01N` n o o m n n n o n i D m z o �1 -n � -1% m � - d (� H� LPi(�00 Z7 C') Zo nn zpzo ZE: 60 Ow A si o m z z z z` —n 1N c~ `gjlii �Ob 1 -i fTl 1'c cm 1m -inn m z 0 D a o d v � l i SLN 0 v t znjo:,c 1: z c oor 1 N r D� 01 1 z Cz o !,- CD m X -X x m ^' m A o tai+ ' i1 -o -o upi m a 0 Z r O x z o H o EXHIBIT O z N PARCEL 11 W ISEMAN COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION PAGE 1 OF 4 REVISED 09-13-2012 DESCRIPTION OF A 0.181 ACRE (7,871 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 3.18 ACRE TRACT OF LAND, CONVEYED TO SUE MCCANN WISEMAN, BY INSTRUMENT RECORDED IN VOL. 836, PG. 853, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.181 ACRE (7,871 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found with plastic cap stamped "B.A.", in the existing westerly right-of-way line of County Road 175 (right-of-way width varies), being the northeast corner of the remainder of that called 3.18 acre tract of land conveyed to Joe Edgar McCann by instrument recorded in Volume 737, Pg. 158, of the Deed Records of Williamson County, Texas, same being the southeast corner of the remainder of said 3.18 acre (Wiseman) tract, for the southeast corner of the herein described tract, and from which an iron rod found with plastic cap stamped "BA 2713" bears, S 20053'15" E at a distance of 299.74 feet, being the southeast corner of the remainder of said 3.18 acre (McCann) tract, same being the northeast corner of that called 62.25 acres tract of land conveyed to James Patton Carssow, Frances Lynn Carssow Adams, and William Benton Carssow, Jr. by instrument recorded in Document No. 2010000720 of the Official Public Records of Williamson County, Texas, and also conveyed to Fred Rubin and James Rubin by instrument recorded in Document No. 2007036401 of the Official Public Records of Williamson County, Texas, and also conveyed to K & H Investments by instrument recorded in Document No. 2007036400 of the Official Public Records of Williamson County, Texas; 1) THENCE, departing said westerly right-of-way line, with the common boundary line of the remainder of said 3.18 acre (Wiseman) tract, and the remainder of said 3.18 acre (McCann) tract, S 67°03'50" W for a distance of 30.02 feet to a calculated point, for the southwest corner of the herein described tract, and from which a 1/2" iron rod found, being an ell corner in the easterly boundary line of the remainder of that called 36.96 acres (Tract Three) tract of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, same being the northwest corner of the remainder of said 3.18 acre (McCann) tract bears, S 67°03'50" W at a distance of 410.29 feet; 2) THENCE, departing said common boundary line, and through the interior of the remainder of said 3.18 acres (Wiseman) tract, N 23°2737" W for a distance of 262.97 feet to a calculated point, being in the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 3.18 acre (Wiseman) tract, for the northwest corner of the herein described tract, and from which a 112" iron rod found, being an ell corner in the easterly boundary line of the remainder of said 36.96 acres, same being the northwest corner of the remainder of said 3.18 acre (McCann) tract bears, S 69036'32" W at a distance of 447.69 feet; EXHIBIT C PARCEL 11 WISEMAN COUNTY: WILLIAMSON PAGE 2OF4 REVISED 09-13-2012 3) THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 3.18 acre (Wiseman) tract, N 69°36'32" E for a distance of 30.04 feet to an iron rod found with plastic cap stamped "B.A.", in the said existing westerly right-of-way line of County Road 175, being an ell corner in the easterly boundary line of the remainder of said 36.96 acres tract, same being the northeast corner of the remainder of said 3.18 acres (Wiseman) tract, for the northeast corner of the herein described tract, and from which an iron rod found with plastic cap stamped "2025", being in the said existing westerly right-of-way of County Road 175, same being the southeast corner of the remainder of that called 19.085 acres tract of land conveyed to Raymond J. & Judith L. Davis by instrument recorded in Volume 658,Pg. 870, of the Deed Records of Williamson County, Texas, also being the northeast corner of the remainder of said 36.96 acres tract, bears N 25023'12" W at a distance of 30.04 feet; 4) THENCE, with the said existing westerly right-of-way of County Road 175, same being the easterly boundary line of the remainder of said 3.18 acres (Wiseman) tract, S 23°27'52" E for a distance of 261.64 feet to the POINT OF BEGINNING, containing 0.181 acres (7,871 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate 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 by a survey made on the ground under my direction and supervision. WITNFSS MY HAND AND SEAL at Round Rock, Williamson County, Texas. 4awrence M. Russo Registered Professional Lad Surve Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 No. 5050 EXHIBIT G " O � r z O c, �nN om 1 0� O Q a � SAO=L+ � � o� D-qDn rooh3$i�Z O �— opo o�rtn { zNo�xa�mo�'mz D o iornja ap3. 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Oc DDZM(Nn u'rzrEn (0m. . 0— rno- z �000 w m� Cz 1 00 O M N o c (Pi m 0 z O � Ln O � O Ln Om n G') m 0 n A K -u 1 — D ;D O v 00 1 0 m OXmm z-ioom 1 rn W M m 1 C) Nom M � m m Om�-� Z rn < vv c2z1 zrno2 mm_r-D -1 Azmv1 D m N O N D Avor n mm 1 n1W :jmminn Oar z�m� D Z C z rn n m 00zn (n Wvz c-< �0 rn D=n ;0 N D O <_ C 1 ;D N S m zmmO EXHIBIT C T1 T1 1 cn D C, z mF=m cM O D CO m rn m m r 1 czcn ANr cnDOS (�c W { < rnrnm D N m D D �a� v�� N c- m Z Nm(n C G) 0 0 0 1 n N N 2C NO m FFn c 2 __j rnm vm ID z Dn2 W o n (n m � z 1 m m cn 10 o0 O Z 1'`� D OZD X11 m m D 1C�7 — X m OOD W 1 m O (n D �r wpm m- nv 0 �N 1 O m D -D 0 rM D zM D a z �> mm C) m (-) D ovo;0 ;a0 vz D n o O < z > r m� �Z mr No M 1 -< N N 1 z m z m: �rn o-+ zN D 2 D D 11 0;u m = CO m m D W(n m 1 C W n n A U 0 m m D � ? cnj A� �m �� Dv m ni N N Z p 1 O 1 z Z O m c in CZ z n m1 �o r vm D O x 1 z O z m N K n C > W 1 D Z zm m O v m ;0O m M N z M n P r 00 (0 -N \ N W � r� N N O 0 N N 12 PARCEL -i MCCANN COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.206 ACRE (8,973 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 3.18 ACRE TRACT OF LAND, CONVEYED TO JOE EDGAR MCCANN, BY INSTRUMENT RECORDED IN VOL. 737, PG. 158, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.206 ACRE (8,973 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 4 BEGINNING at an iron rod found with plastic cap stamped "B A", in the existing westerly right-of-way line of County Road 175 (right-of-way width varies), being the southeast comer of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman by instrument recorded in Volume 836, Pg. 853, of the Deed Records of Williamson County, Texas, same being the northeast corner of said remainder of that called 3.18 acre (McCann) tract, for the northeast comer of the herein described tract, and from which an iron rod found with plastic cap stamped "B A" bears, N 23°2752" W at a distance of 261.64 feet, being an ell corner in the easterly boundary line of the remainder of that called 36.96 acres (Tract Three) tract of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, same being the northeast corner of said remainder of that called 3.18 acre (Wiseman) tract; 1) THENCE, with said westerly right-of-way line, same being the easterly boundary line of said 3.18 acres (McCann) tract S 20053'15" E for a distance of 299.74 feet to an iron rod found with plastic cap stamped "BA 2713", being the northeast comer of that called 62.25 acres tract of land conveyed to James Patton Carssow, Frances Lynn Carssow Adams, and William Benton Carssow, Jr. by instrument recorded in Document No. 2010000720 of the Official Public Records of Williamson County, Texas, and also conveyed to Fred Rubin and James Rubin by instrument recorded in Document No. 2007036401 of the Official Public Records of Williamson County, Texas, and also conveyed to K & H Investments by instrument recorded in Document No. 2007036400 of the Official Public Records of Williamson County, Texas; same being the southeast corner of said 3.18 acres (McCann) tract, for the southeast comer of the herein described tract; 2) THENCE, departing said westerly right-of-way line, with the common boundary line of said 62.25 acre tract, and said remainder of that called 3.18 acre (McCann) tract, S 69°31'12" W for a distance of 30.00 feet to a calculated point, for the southwest corner of the herein described tract, and from which a 1/2" iron rod found, being the southeast corner of the remainder of said 36.96 acres tract, same being the southwest corner of the remainder of said 3.18 acre (McCann) tract bears, S 69°31'12" W at a distance of 411.44 feet; EXHIBIT P 12 PARCEL -52 MCCANN COUNTY. WILLIAMSON Page 2 of 4 3) THENCE, departing said common boundary line, and through the interior of the remainder of said 3.18 acres (McCann) tract, N 20°53'15" W for a distance of 298.46 feet to a calculated point, for the northwest comer of the herein described tract, and from which a 1/2" iron rod found for an ell comer in the easterly boundary line of the remainder of said 36.96 acres tract, same being the northwest comer of the remainder of that called 3.18 acres (McCann) tract bears, S 67°03'50" W at a distance of 410.29 feet; 4) THENCE, with the common boundary line of the remainder of said 3.18 acres (Wiseman) tract, and the remainder of said 3.18 acres (McCann) tract, N 67°03'50" E for a distance of 30.02 feet to the POINT OF BEGINNING, containing 0.206 acres (8,973 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That 1, 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 by a survey made on the ground under my direction and supervision. MY HAND AND SEAL at Round Rock, Williamson County, Texas. Li0wrence M. Russo Registered Professional Land Surlyor No. 5050 Inland Geodetics, L.P. Firm Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 EXHIBIT I D 0 O• ct a 4 a U 4 0 U j U F N ZZ X Lm, y 4 N 4 9, 4 4 d W W W W O~ W \ \Z a ~i,.~c1- ~ i z Qi o u OZ OZ ZU OZ 7 O 7 r WJ V' ' ma w 00 u O z WO W W U. S Z -4 Z OU UCJ "'r0 00 000o O&WOO. 0000:0 QZ 0'O z C R F LL} W m K V Q OW 2 <Z CJ w W K d: J 4 K O O O W 0 OJ UJ 2� ~J • Z d O z I-- w mW ci O# 00 d3 loon-_ W O 0 Z \ \ \ U 40 J OOH.;i.4 ej odx Z U� 11Nt� µONOPR1E5l Gp � • v{10 SRC• d n I c o C a VN"'I GRE so tk Co y1 a - 9. NZpoZ, ro X31 ?.9' 2. 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CD 2� z It \ \ W z Ir aUM �4n �O W Qcr 1p 00W.V 00 Kram LLrydU \ \ Z O z0,o3 \ U W Oci Z \ J O \ \ y W o: Z y z z ra4y U W 08 \ \ i i m u Q � LOW \ m \ WWmrr4 m X52 Z9�Za5 W Q yW,WliF�3 Outi� \ Z 0 a• W� J G \ u OZ—>U. \ \ 2#oa O � $0. 0 w N 14O 3 �N CD 2� z It 003 FO y.9 0 0 y (no N 4 O �O W Qcr 1p 00W.V 00 M u y 4 0 0 2 -d w o = U O 6<� 0 O O V u- W z� .6- 0Qz03 03y►-34Ou O FUI--.>O��NK aZZNC_ZNdZN a - NOH z Fn N CL W -dp- O z- La y G X O O m W 4 W G �zJ - {�L Q � • LL 9 '1 a ti„1Z6A RO 1,L6A m X52 Z9�Za5 W 2pe Z'I 3 OC4 -0 $0. 0 �N 4^� -- O z y Z z QOm0!WN W W 0 M F a U y O W W F M 3 3-,000�.� Z 0 K W K G U-'mz— U 4 W Q �p0� W EXHIBIT 1) W O } Z d Z d U Z � 3 � O Q Q ~w a �w CL W O V Q IL WLL v a aN N ptif C co 12 0 0 Z�( Z J 5 0,. ©0<3g� Ox OZ Zw xOR N 0 N, lw � j§ ■■ k� Fn x w EXHIBIT D v K IT k CL 7-1� LL 0 » R � � 0 a: CL (9 2 3 0 I w w « � -j w Q � « CL q % � w Q � � CL r0 Z2 kj u� das ixix o z k/ - §� k ƒ0 2w 0 m� § o§ /o \j U An wK 0� �uz� kW,6z0 Ix §j � k �kLL �§ L)IrCD �® ■ o� w� 2 ix LLW §© uD �m wW kLL w� 22 =� M §o zw �> §§ U§ j§ 0> z 22 uw ■I z o K2 �2 -z W� ka CLq §§ 2§ WDM ®� � Ld k§ m� (k k�U. 00 �§ wok U) I§� wm 3cU)z w 2§W _� z2 K@§ 2»§ &r-2 §k4 UJ§/ wLw >-ir m§u §d4 w ]�� �zD « / I z =kk EXHIBIT D v K IT k CL 7-1� LL 0 » R � � 0 a: CL (9 2 3 0 I w w « � -j w Q � « CL q % � w Q � � CL r0 Z2 kj u� das ixix -10 w k/ - � m § g ow § o§ � §- ool_ z @o$ 066w� rA e ■ �uz� kW,6z0 Ix §j � k �o@��w§■ crw®«■w .0§�o� �§ L)IrCD Z W $§B zu wx� Xcng�uz — Q 22q&ok § PARCEL 10 DAVIS COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION Page 1 of 4 REVISED 09-13-2012 DESCRIPTION OF A 0.808 ACRE (35,202 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN D. ANDERSON SURVEY, ABSTRACT NO. 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.808 ACRE (35,202 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS PART 1, CONTAINING 0.088 ACRE (3,829 SQUARE FEET), AND PART 2, CONTAINING 0.720 ACRE (31,373 SQUARE FEET) BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART 1 (0.088 ACRE, 3,829 SQUARE FOOT) BEGINNING FOR REFERENCE at a 318" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Page 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest corner of the remainder of said 19.085 acre tract; THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, N 69°41'16" E for a distance of 22.28 feet to a calculated point for the most westerly corner and the POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, through the interior of the remainder of said 19.085 acre tract, the following two (2) courses: 1) Along a curve to the right, having a radius of 2090.00 feet, a central angle of 04004'02", with an arc length of 148.37 feet, a chord which bears, N 50°37'52" E, a distance of 148.34 feet to a calculated point, being the westerly boundary line of a proposed 0.541 acre tract, for the most northerly corner of the herein described tract; 2) THENCE, with the westerly boundary line of said proposed tract, S 34°50'23" E for a distance of 50.03 feet to a calculated point, being the southwest corner of said proposed tract, same being in the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, for the southeast corner of the herein described tract; 3) THENCE, departing the westerly boundary line of said proposed tract, with said common boundary line, S 69°41'16" W for a distance of 152.76 feet to the POINT OF BEGINNING, containing 0.088 acres (3,829 square feet) of land, more or less. PART 2 (0.720 ACRE, 31,373 SQUARE FOOT) BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of said 36.96 acre tract, being the southeast corner of said Lot 16, being the southwest corner of the remainder of said 19.085 acre tract; THENCE, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, N 69°41'16" E for a distance of 371.32 feet to a calculated point being the southeast corner of said proposed 0.541 acre tract, for the southwest corner and the POINT OF BEGINNING of the herein described tract; EXHIBIT PARCEL 10 DAVIS COUNTY: WILLIAMSON Page 2 of 4 REVISED 09-13-2012 THENCE, departing said common boundary line, through the interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) With the easterly boundary line of said proposed tract, N 34°50'23" W for a distance of 91.24 feet to a calculated point for the most northerly corner of the herein described tract; 2) Departing the easterly boundary line of said proposed tract, S 79°50'23" E for a distance of 95.28 feet to a calculated point; 3) N 69°41'16" E for a distance of 672.83 feet to a calculated point, being in the westerly right-of-way line of County Road 175 (right-of-way width varies), same being in the easterly boundary line of the remainder of said 19.085 acre tract and from which a 112" iron rod found with plastic cap stamped "B -A", being in the westerly right-of-way line of said County Road 175 same being in the easterly boundary line of the remainder of said 19.085 acre tract bears N 34°24'03" W at a distance of 61.58 feet; 4) THENCE, with said existing westerly right-of-way line, same being said easterly boundary line, S 34°24'03" E for a distance of 41.24 feet to a 1/2" iron rod found with plastic cap stamped "2025", being the northeast corner of the remainder of said 36.96 acre tract, same being the southeast corner of the remainder of said 19.085 acre tract, for the southeast corner of the herein described tract, and from which a 1/2" iron rod found with plastic cap stamped "B -A", being in the westerly right-of-way line of said County Road 175 same being the northeast corner of the remainder of that called 3.18 acre tract of land conveyed to Sue McCann Wiseman, by instrument recorded in Volume 836, Page 853, of the Deed Records of Williamson County, Texas, bears S 25°23'12" E at a distance of 30.04 feet; 5) THENCE, departing said right-of-way line, with the common boundary line of the remainder of said 36.96 acre tract, and the remainder of said 19.085 acre tract, S 69041'16" W for a distance of 742.10 feet to the POINT OF BEGINNING, containing 0.720 acres (31,373 square feet) of land, more or less. NOTE: There is also a 90 foot by 50 foot Temporary Construction Easement northerly of and parallel to Call 3 of Part 2, as depicted on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate 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 by a survey made on the ground under my direction and supervision. MY HAND AND SEAL ajjBound Rock, Williamson County, Texas. L wrence M. Russo egistered Professional Land Lve, Inland Geodetics, L.P. Firm Reg. 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Z n00 ao m �tio4 �• O 3NI1H3.LVW EXHIBIT 0 o CIV? Z n00 ao �tio4 �• O �? m m! m c N m I:E�� •y•1�Oy O m1 W 4 -v vin o a ma -4O y Ut N 1 �t NI N iD wl 3NI1H3.LVW EXHIBIT 0 T p � NAQP Q L) wg=�mz Oo �O g8kr0 Fm Fma� ruV00 A Z b K w 9 d WO (A -4 WO <n D Pr) x mrn -i m No D --i -u — D D %U 0 n M F- 0 0 Z7 L oo�r o=mdmz zo�oom r>mro3 rrTm-,J5oc xpOy-I[n aDz. mtn mFzrv,o W X79:0 UFo DO D -vim r CO to r' C'O Z -dO R m N\ O c W W < m 0 0 z 0 N 0 0% 0 D O m O q 41 N mom- rn� vv,oz IZ; mzinx onrc oa mcm , , m o 0, ,= Cay �ADrN mr Cmc Dz,Zcj n0.. D��G�C mmw �mm r,.n �om'0Dm rn n0M, NmO DZzO W -OI Omm�O' > ! Oz� c1D 0r j roO z 'mNO 167 X010 .r� NS T1nOCn = cNM •t1410z NmO1 o>>9 SDD m� --S n�D M, am ��Z. "p? 1cn 0. zm vminz z2 30V rn V1 D WA Z z ro mmro �cmn> z v r rn o ;Dm m T m rn WM N ._ G m_ caro �mD i• in A�nz mrri �� z Aon .{mmo ZL40 A m O> z D Z s �-icz -400nim 0d0 N� ZDO ! 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ANDERSON SURVEY, ABSTRACT NO, 16, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 19.085 ACRE TRACT OF LAND, CONVEYED TO RAYMOND J. AND JUDITH L. DAVIS, BY INSTRUMENT RECORDED IN VOL. 658, PG. 870, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.541 ACRE (23,580 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 3/8" iron rod found, in the northerly boundary line of the remainder of that called 36.96 acre tract (Tract Three) of land conveyed to Sue McCann Wiseman, Gladys Galloway, & Joe Edgar McCann by the probate will of Bernice Borho McCann, and described by instrument recorded in Volume 737, Pg. 151, of the Deed Records of Williamson County, Texas, being the southeast corner of Lot 16, Stonehurst, a subdivision of record, recorded in Cab. C, Slide 251, of the Plat Records of Williamson County, Texas, being the southwest comer of the remainder of said 19.085 acre tract; THENCE, with the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, N 69'41'16" E for a distance of 175.04 feet to a 112" iron rod with plastic cap stamped "INLAND -5050" set for the southwest comer and the POINT OF BEGINNING of the herein described tract; THENCE, departing the northerly boundary line of the remainder of said 36.96 acre tract, through the interior of the remainder of said 19.085 acre tract, the following three (3) courses: 1) N 34050'23" W for a distance of 99.49 feet to a 112" iron rod with plastic cap stamped "INLAND -5050" set for the northwest corner of the herein described tract; 2) N 55009'37" E for a distance of 190.00 feet to a 1/2' iron rod with plastic cap stamped "INLAND -5050" set for the northeast comer of the herein described tract; 3) S 34150'23" E for a distance of 148.72 feet to a 1/2" iron rod with plastic cap stamped "INLAND -5050" set, being in the common boundary line of the remainder of said 36.96 acre tract and the remainder of said 19.085 acre tract, for the southeast comer of the herein described tract, and from which a 112" iron rod with plastic cap stamped "2025" found being the southeast comer of the remainder of said 19.085 acre tract, same being the northeast corner of the remainder of said 36.96 acre tract bears, N 69"41'16" E at a distance of 742.10 feet; 4) THENCE, with said common boundary line, S 69041'16" W for a distance of 196.28 feet to the POINT OF BEGINNING, containing 0.541 acres (23,580 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate 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 by a survey made on the ground under my direction and supervision. WITNUS MY HAND AND SEAL at RguQ0 Rock, Williamson County, Texas. La encs M. Russo I gistered Professional Land Surveyor Inland Geodetics, L.P. Finn Reg. No. 100591-00 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 EXHIBIT rc n Or 0 r 3e V)r O r 2n �(n � y O z Cll ,'D (71 Z 'hw Nca3a' mazma�m mz ��2inQ �m c-�Cnm10z �_ X ON-nEn (n D zz(n 0 r1 m co -0 m> O D -00 r 0 CO to rT C 0 M 0 O M y o c (x M 0 O z O CJja O D cn m 0 an W Ci Or Z v� M N N O C I v_2 W T� N y N r0 vM C � 0 N W 7C (Z- D 00 �x r cmz Avm < A m mK �a �zm Dom 0 CD MM, z m m� M D D mz-1 Q :0-1 x O 2 y z-Djv ver D zm� mein C jrri zm m�Q C-) O h o rNi Z mx1 M, zM C=o vz-4 mmx Xzm co D Z 0 -1 O m� A3 Z m a mZ-1 m C:1 hy(n z c� mmrrrm vm-C DF(n -i m= m o �o:,E D. Z C: cOm Zro I N m 14 ZO O Z m a N 0 N r � mm to z]> to C O � m -M vpa 4Nz M h ZNz ycn �ohi wW0 O < Z Om= NDD 7q h ro m� �3 a3 D Z � O h � O -i 61 67 o� A � O a; 6 F zm rnr I� DG1c <- 2O-rm omrnmR9K 0: D M z m N n P -40O60 D 4 ,Imc,ciz ('-0=momrr- �oM'D h $ Z :.< D z h z ? 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MMP mo D mala 1 (n' p Z�hD2a(0n Zmrr, 0>0(a v=-' omNo M oo o thz nm ?1-U11�= 0= O O m 0 A m'4- OFzm O m a W Z D z m DMD 00 0N:Z1 mvx Wzm Dgz hmD D D O rn z c m -Imz rn> DDz 00 (n r r h 0r. Nm� x z D z m 0 z�m mCM --Ic �'U2 NN U 47 � m �D00> a 1or 0 a)20 PM z-4Fi 4A rn OX'i ;4m 0>z N In ctnh o In X to m D D D-iN h D mm mmm En(n 1 0 N GI C= j J rn n Z ROUND ROCK, HW City Council Agenda Summary Sheet PURPOSE. PASSION. PROSPERn y. Item No. F4. Consider a resolution authorizing the use of eminent domain to condemn a fee simple and/or easement interest in six parcels of land, for the public use of a water transmission line in an area north of Whitestone Boulevard between Ronald Reagan Boulevard and Agenda Caption: County Road 175. Date: February 14, 2013 Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Utilities and Environmental Services Director Item Summary: The Regional Water System - Treated Transmission Line Segment 3 is the final segment required to deliver Brushy Creek Regional Utility Authority (BCRUA) treated water to the City of Round Rock's Water Distribution System. This 48 -inch potable waterline will be approximately 12,000 linear feet. Segment 3 will connect on the east end of Treated Waterline Segment 2C at Ronald Reagan Boulevard and terminate at an existing 48 -inch stub -out at the intersection of C.R. 175 and R.M. 1431. The goal is to have this waterline constructed by the summer of 2014. Currently, there are six easement parcels that the City has appraised, but have not reached a purchase agreement with the landowners. The City requires this resolution that would allow the City of Round Rock to use eminent domain if both parties are unable to reach an agreement for the easements required for the water transmission line. Cost: $465,000 is the appraised values for the 6 parcels Source of Funds: Self -Financed Water Construction Recommended Action: Approval