G-04-12-02-8A1 - 12/2/2004ORDINANCE NO. - QY�. 0,2 _ gp
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF 0.072 ACRE; GIVING
NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID
PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR
THE RED BUD LANE (CR 122) IMPROVEMENT PROJECT, 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
improvements to Red Bud Lane (CR 122) the City of Round Rock, 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 in fee simple approximately 0.072 acre (parcel 1.3) , acre of
land in Williamson County, Texas, said land more particularly
described in Exhibit "A" (P. Brostad, Parcel No. 13) 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.
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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 improvements in
the City of Round Rock and to acquire property 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.
READ, PASSED, and ADOPTED on first reading this day
of Zei,1�mL J 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.
NY WELL, ayor
C ty of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secret
4
0.92 Acre Tract EXHIBIT
Brostad Subdivision
0.072 Acre Tract
Pagel of 3 s
DEscRivrION
FOR A 0.072 ACRE (3,127 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.92 ACRE TRACT,
BEING A PORTION OF TRACT NO. 1 BROSTAD SUBDIVISION, A
SUBDIVISION RECORDED IN CABINET G, SLIDE 246 OF THE PLAT
RECORDS OF SAID COUNTY AND ALL OF A 7 FOOT WIDE STRIP OF
LAND CALLED A 0.026 ACRE TRACT OF LAND AS DESCRIBED IN THAT
DEED TO PAM BROSTAD AND RECORDED IN VOLUME 1272. PAGE 593
OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.072 ACRE
TRACT AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING .FOR REFERENCE at a %z" iron rod found on the intersection of the south line
of said Brostad Subdivision and the east line of a 25 foot road widening easement per said
Brostad Subdivision,
THENCE with the east line of said 25 foot road widening easement, N 03° 44' 26" E for a
distance of 271.89 feet to the southeast corner of said 0.026 acre tract, being on the south line of
said 0.92 acre tract, same being the north line of a called 177,800 square foot tract, being a
Portion of Tract No. 1, of said Brostad Subdivision,
THENCE with the south line of said 0.92 acre tract and said 0.026 acre tract, same being the
north line of said 177,800 square foot tract, N 850 56' 29" W for a distance of 7.00 feet to the
southwest corner and POINT OF BEGINNING hereof;
THENCE with the west line of said 0.026 acre tract, N 030 44' 26" E for a distance of
160.87 feet to the north line of said 0.92 acre tract, being the northwest corner of said 0.026 acre
tract, for the northwest corner hereof;
0.92 Acre Tract
Brostad Subdivision
0.072 Acre Tract
Page 2 of 3
THENCE with north line of said 0.92 acre tract, in part with the north line of said 0.026 acre
tract, same being in part with the south line of a called 2.89 acre tract of land as described in that
deed to Pamela Brostad and recorded in Volume 1434, Page 913 of the Official Records of said
county, S 85° 56' 29" E pass a %" iron rod found for the southwest corner of said 2.89 acre tract
at a distance of 2.09 feet, continuing for a total distance of 20.26 feet to a %" iron rod set with
"Baker-Aicklen" cap for the northeast corner hereof;
THENCE through the interior of said 0.92 acre tract, S 040 19' 32" W for a distance of
160.86 feet to a %" iron rod set with "Baker-Aicklen" cap set on the south line of said 0.92 acre
tract, for the southeast corner hereof;
THENCE with the south line of said 0.92 acre tract, same being the north line of said
177,800 square foot tract, N 850 56' 29" W for a distance of 11.62 feet to the POINT OF
BEGINNING and containing 0.072 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive, performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(5 l2) 244-9620
Job No.: 0601.2-058-51
Filename W:\PROJECTS\COPR\CRI22-R.EDBUD\ROWMBTARCEL 13.DOC
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1 " 40' I
WILL1AMSON COUNTY,
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PAMELA BROSTAD
CALLED 2.89 AC
VOL. 1434, PG. 913
PARCEL 13
0.072 ACRE
(3,127 SQ. FT.)
LEGEND
•
1/2" IRON ROD FOUND
I/2" IRON ROD FOUND
WITH CAP (AS NOTED)
O
PIPE FOUND (SIZE NOTED)
A
MAG NAIL FOUND
O
1/2' IRON ROD SET WITH
BAKER-AICKLEN CAP
CALCULATED POINT
( )
RECORD INFORMATION
PER CAB. G, SL. 246
Jdl-Jl"-J 1-1. -C=3UR1/EY,
�I F S rf"ZIA C�T lNi C7 , 51-31
CALLED 40,000 S.F. LOT
CALLED 0.92 ACRE
PORTION OF TRACT NO. I
BROSTAD SUBDIVISION
CAB. G, SL, 246
DETAIL N0. 1
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2.091,
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DETAIL .... w � .. ..
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i; POINT IN CALLED 177,800 S.F. LOT INUMBERBEARING
N BEGINNINGDISTANCE
w PORTION OF TRACT NO. I N 85.5629' W 18.62'
BROSTAD SUBDIVISION S Bs•s6'29" E 2026'NCAB. G. SL- 246(S 89.40'E)BEGINNING FDR S 03°4426' W
O REFERENCE 0.93'
DORIS LANE
CAB' R. 0. W. R'IDT$)
$• SL' 14 15
BASIS OF BEARINGS 1S THE COUNTY ROAD DATE: FEBRUARY, 2003
122 PROJECT BETWEEN U. S. HIGHWAY NO. 79 JOB NO.: 0601-2-05'8-51
AND FOREST CREEK DRIVE, PERFORMED BY BY: TJR
BAKER-AICKLEN, APRIL, 2000. PAGE 3 OF 3
\AROJECTS\CORR\CR122-RED 9V0%R0TI\3KETCH\PARCEL
13.OMO 13 OF 31 Norsmbsr 16. 2004 - 1:42pm
DATE: November 23, 2004
SUBJECT: City Council Meeting - December 2, 2004
ITEM: *8.A.1. Consider an ordinance determining the public necessity for
the acquisition of a fee simple interest in a 0.072 acre
parcel of land for the proposed Red Bud Lane (CR 122)
Improvement Project, and if necessary, authorizing the City
Attorney to initiate eminent domain proceedings. (Parcel
13) (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This ordinance will allow for the City Attorney to initiate eminent domain proceedings
to acquire the necessary property interests so that the Red Bud Lane (CR 122)
improvement project will accommodate new development and update public services
of the City.
Funding: N/A
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information•
Improvements have become necessary for this area.
Public Comment: N/A