G-05-03-24-11B1 - 3/24/2005ORDINANCE NO. 05-03-
AN
5-0 3 -
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF 0.022 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) in 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 0.022 acre of land in
Williamson County, Texas, said land more particularly described in
Exhibit "A" (CM Collier, Parcel No. 16) attached hereto and
incorporated herein by reference
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.
for all purposes;
for
the above
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050324B1. WPD/11
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
valueof 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.
�RREA,D, PASSED, and ADOPTED on first reading this / day
of p / I , 2005.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of , 2005
NY `► WELL, =yor
City of Round Rock, Texas
ATTEST:
JILL1)(? m2WthC/YL
CHRISTINE R. MARTINEZ
City Secretary
4
South 1.25 Acre Tract
M & D Fullerton Subdivision
0.022 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.022 ACRE (958 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING THE SOUTH CALLED 1.250 ACRE TRACT OF
LAND, BEING A PORTION OF TRACT NO. 4, M & D FULLERTON
SUBDIVISION AND RECORDED IN CABINET G, SLIDE 245 OF THE PLAT
RECORDS OF SAID COUNTY, SAID 0.022 ACRE TRACT AS SHOWN ON
THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a'A" iron rod found for the northwest corner of Lot 12,
Highland Estates, a subdivision recorded in Cabinet H, Slides 32 — 33 of the Plat Records of said
county, same being on the east right-of-way line of County Road No. 122, also called Red Bud
THENCE with the east right-of-way line of said County Road No. 122, N 03° 35' 06" E for a
distance of 600.09 feet to a 'h" iron rod found on the south line of said south 1.250 acre tract,
same being on the north line of a called 0.724 acre tract of land as described in deed to Preston
W. Harvey and recorded in Volume 1946, Page 834 of the Official Records of said county, same
being the northeast corner of a called 25 foot wide right-of-way dedication described in
Volume 1020, Page 407 of the Official Records of said county, same being a 25 foot road
widening easement per said M & D Fullerton Subdivision, for the southwest corner and POINT
OF BEGINNING hereof;
THENCE with the east line of said 25 foot wide road widening easement, N 03° 39' 09" E for a
distance of 21631 feet to the north line of said south 1.250 acre tract, same being the south line
of the north called 1.25 acre tract, being a portion of Tract No. 4, of said M & D Fullerton
Subdivision, for the northwest comer hereof, from which a 'A" iron rod found bears,
N 86° 00' 51" W for a distance of 0.17 feet;
THENCE with the north line of said south 1.250 acre tract, same being the south line of said
north 1.250 acre tract, S 86° 00' 51" E for a distance of 5.70 feet to a 'A" iron rod set with Baker-
Aicklen cap for the northeast corner hereof;
1
EXHIBIT
IIA"
South 1.25 Acre Tract
M & D Fullerton Subdivision
0.022 Acre Tract
Page 2 of 3
THENCE through the interior of said south 1.25 acre tract, S 04° 19' 32" W for a distance of
216.31 feet to a %2" iron rod set with Baker-Aicklen cap on the south line of said south 1.25 acre
tract, same being the north line of said 0.724 acre tract, for the southeast corner hereof;
THENCE with the south line of said south 1.250 acre tract, same being the north line of said
0.724 acre tract, N 86° 00' 51" W for a distance of 3.16 feet to the POINT OF BEGINNING
and containing 0.022 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. olen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
lob No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CR122-RED BUD\ROW\MB\PARCEL 16.DOC
SKETCH TO ACCOMPANY DESCRIPTION
DORIS LANE
(50' R.O.W. NW)
SCALE: 1" = 40'
WILUAMSON COUNTY,
TEXAS
POINT OF
BEGINNING
BEGINNING FOR
REFERENCE 1
CAB. B, SL. 14 15
SEE
DETAIL
NO. 1
NORTH CALLED 1.250 ACRE TRACT
BEING A PORTION OF TRACT NO. 4
M 8 D. FULLERTON SUBDIVISION
CAB. 6, SL_ 245
1
LEGEND
• I/2" IRON ROD FOUND
ID I/2" IRON ROD FOUND
WITH CAP (A5 NOTED)
O PIPE FOUND (SIZE NOTED)
• MAG NAIL FOUND
O 1/2" IRON ROD SET WITH
BAKER-AICKLEN CAP
A CALCULATED POINT
( ) RECORD INFORMATION
PER CAB. 6, SL. 245
< > RECORD INFORMATION
PER VOL. 1020, PG. 407
JQ1-1)NJ J -l. F.'AINJLALL SLJR\/EY.
AgS - ! N0. 53S 1
SOUTH CALLED 1.250 ACRE TRACT
BEING A PORTION OF TRACT NO. 4
M 0 0. FULLERTON SUBDIVISION
CAB. 6, SL. 245
PARCEL 16
0.022 ACRE
(958 SQ. FT.)
N
1LI PRESTON W. HARVEY —
REMAINDER OF A
1 -0A CALLED ACRES
Opp VOLUME I946, PAGE 834
Op
wh
co*
DETAIL NO. 1
NOT TO SCALE
1
L3 L2_
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.
NUMBER
BEARING
DISTANCE
LI
N 86°00'51' W
3.16'
(N 89°40' W)
L2
S 86'00'516E
5.70'
(5 89°40' E)
L3
N 86°00'51' W
0.17'
GARY R. MARTIN AND
Alo KAREN B. MARTIN
co° CALLED 0.718 ACRES
MO VOL. 1861, PG. 540
Oz DOC. NO. 9554388,
DOC. NO. 200/0/3098,
B DOC. NO. 200101.3099
LOT 12. HIGHLAND ESTATES
SECTION 11A
CAB. H. SL. .32 - 33
WAPROJECTS\CORR\CR122-RED BUD\ROY\SKETCN\PARCEL IGDWG (3 OF 3/ February 23. 2004 - 8:54°m
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-51
BY: TJR
PAGE 3OF3
BAKER-AICKLEN
& A88OCIATE9. INC.
ENGINEERS/SURVEYORS
DATE: March 17, 2005
SUBJECT: City Council Meeting - March 24, 2005
ITEM: *11.6.1. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.022 acre parcel of
land (Parcel No. 16, CM Collier) for the proposed Red Bud Lane
(CR 122) Improvement Project, and if necessary, authorizing
the City Attorney to initiate eminent domain proceedings.
Department: Legal Department
Staff Person: Steve Sheets, City Attorney
Justification:
Authorization to initiate eminent domain proceedings to acquire 0.022 acre tract of land
from CM Collier (Parcel No. 16) for the widening and improvement of Red Bud Lane (CR
122) Project.
Funding:
Cost: N/A
Source of funds: G.O. Bonds
Outside Resources: Round Rock Transportation System Development Corp. (4B)
Background Information:
Widening and improvement of Red Bud Lane (CR 122).
Public Comment: N/A