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G-04-07-08-8A1 - 7/8/2004ORDINANCE NO. 9-0q- 07- 08-96 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A WATERLINE EASEMENT INTEREST IN 0.082 ACRE AND A 30' WIDE TEMPORARY CONSTRUCTION EASEMENT; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY INTERESTS TO CONSTRUCT AND MAINTAIN WATERLINE IMPROVEMENTS, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City council., upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public -at -large to construct and maintain waterline improvements in the City of Round Rock (Gattis School 12" waterline), and to perform associated public use and purposes ("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 approximately 0.082 acres (parcel 1) of land in Williamson County, Texas, .as a waterline easement interest, and a 30' wide temporary construction easement to assist with placement of the waterline, said land more particularly described in Exhibit "A" (Estrada parcel) attached hereto and incorporated herein by reference for all purposes; for the above stated Project; and WHEREAS, it is necessary to establish procedures for determining and approving just compensation for the Property to be acquired for this Project. @PF'Desktop`,::ODMA/WORLDOX/0:/WDOX/ORDINANC/040708A1.WPD/djc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 waterline improvements in the City of Round Rock and to acquire an easement interest for 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 contract, on behalf of the City, professional surveyors and appraisers, as needed, to perform professional services in connection with the Project and associated public purposes, 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. 2 Section 3. It is the intent of the City Council that this ordinance 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 ordinance .. 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 Ordinance are adopted and made a part of the body of this Ordinance, as fully as if the same were set forth herein. Section 5. This Ordinance shall become effective immediately from and after its approval. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. . The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, 3 considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. QtiV READ, PASSED, and ADOPTED on first reading this U day of 2004. Alternative 2. READ and APPROVED on first reading this the day of 2004. READ, APPROVED and ADOPTED on second reading this the day of 2004. WELL, Mayor"'"""'— Cit of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secre ry 4 EXHIBIT 9 A AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512)454-6605 Accompaniment to plat 1287jeh PARCEL 1 FIELD NOTES FOR 0.082 ACRES All that certain tract or parcel of land situated in the Wiley Harris Survey, A-298, in Williamson County, Texas and being also a part of Lot 8 of Egger's South View Addition as recorded in Cabinet B, Slide 55 of the Plat Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on the East line of South Mays Street (U.S. Highway #81) for the Southwest corner of this tract from which point an iron pin found in the Southwest corner of the above mentioned Lot 8 bears S 02°04'50" E 85.08 feet. THENCE N 02004'50" W with the East line of South Mays Street 15.23 feet to the Northwest corner of the said Lot 8 and the Southwest corner of Lot 9 from which point an iron pin found in the Northwest corner of Lot 7 bears N 02°04'50" W 100.00 feet. THENCE S 82°08'52" E 240.05 feet to a point on the West line of Cushing Street for the Northeast corner of the said lot 8 and the Northeast corner of this tract. THENCE S 00028'27" W with the West line of Cushing Street 15.13 feet to the Southeast corner of this tract from which point an iron pin found in the Southeast corner of Lot 8 bears S 00°28'27" W 74.87 feet THENCE N 82008'52" W 239.37 feet to the POINT OF BEGINNING, containing 0.082 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during March of 2004 and are correct to the best of my knowledge and belief. These field notes are to be used only for a water line easement to the City of Round Rock. Any use by these or any other persons for any other purpose is expressly prohibited. . �o ET R o yN4 Claude F. inkle, Jr. LAUDE F. HINKLE JR,Q R.P.L.S. No. 4629 4629 FFti0.\ �/ ..ES.5.0 a0 Q SUR Date 128 .doc p aQdpp © Austin Surveyors 2004 i� Sketch to accompany field notes for a 0.082 acre tract of land in the W. Harris Survey, A-298, in Williamson County, Texas Z O N O 00 '4z -{- O 0 N S 82.08 ,52 E (n POINT OF 240.05' 0) BEGINNING 15' 0. Q : O N 82'08'52 0 8 2 4 C. (� o 239.,3-7- cn 30' temporarY) construction Y () rn easement °o o 00 N -► N O Course Bearing Distance SCALE 1" = 50' T1 s o0•28'27" w 15.13' bearing basis grid North T2 N 02'04'50" W 15.23' LEGEND o Iron pin set �* Iron pin found Field notes prepared Ell? FZle No.• 1 87' ned . ski No.: 1 87-177 Drawn . skie: March 2004 CheckedCLAUDEF.HINKLE JR. e: 1'= 50• Revised: r 4629 �a 0, Es S%O �O o Su ' AUSTIN SURVEYORS 2105 Justin Lane #103 ® Austin Surveyors 2004 Austin, Texas 78757 DATE: July 2, 2004 SUBJECT: City Council Meeting - July 8, 2004 ITEM: 8.A.1. Consider an ordinance determining the public necessity for the acquisition of a waterline easement interest in a 0.082 acre parcel of land, and a 30' wide temporary construction easement for the proposed Gattis School 12" Waterline Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) Department: Legal Department Staff Person: Steve Sheets, City Attorney Justification: This ordinance will increase public services in the central portion of the City. Funding: Cost: N/A Source of funds: Self -Financed Utility Fund Outside Resources: Sheets & Crossfield, P.C. Background Information: This ordinance will allow for the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests from Jose and Hermila Estrada so that the Gattis School 12" waterline project can be constructed. The construction of this project will accommodate new development and public services in the central portion of the City. Public Comment: N/A