G-05-03-24-11B2 - 3/24/2005ORDINANCE NO. a_05-0-,24-118
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.131
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD
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 0.131 acres of land in
Williamson County, Texas, from Bruce Johnson; said land more
particularly described in Exhibit
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ROUND
ROCK, TEXAS.
®PFDeektop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050324192.WPD/11
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.
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
2
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.
H.
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,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
3
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 ())4 day
of 17 -)00 -/CA.) , 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.
ATTEST:
!L2±6tu /2.'1)1
CHRISTINE R. MARTINEZ
City Secretary
N� ELL, M=yor
City .f Round Rock, Texas
4
Lot 1, Block B
Oak Bluff Estates
0.131 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.131 ACRE (5,719 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1,
BLOCK B, OAK BLUFF ESTATES, A SUBDIVISION RECORDED IN
CABINET F, SLIDES 125 — 127 OF THE PLAT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a `h" iron rod found for the southwest comer of said Lot 1, same being the
northwest corner of Lot 21, Block B, of said Oak Bluff Estates, being on the east right-of-way
line of County Road 122 (right-of-way width varies), for the southwest corner and POINT OF
BEGINNING hereof;
THENCE with the west line of said Lot 1, same being the east right-of-way line of said County
Road 122, the following two (2) courses and distances:
1) N 03° 53' 55" E for a distance of 1.42 feet to a calculated angle point hereof, and
2) N 04° 55' 18" E for a distance of 229.19 feet to a calculated point of curvature hereof;
THENCE with the curving intersection of the east right-of-way line of said County Road 122
and the south right-of-way line of Woodland Loop (50 foot right-of-way width), with the arc of a
curve to the right, having a radius of 20.00 feet, an arc length of 31.89 feet, a central angle of
91° 22' 06", and a chord which bears, N 49° 27' 17" E for a distance of 28.62 feet to a %:" iron
rod found for a point of tangency hereof;
THENCE with the north line of said Lot 1, same being the south right-of-way line of said
Woodland Loop, S 84° 51' 09" E for a distance of 20.07 feet to a'' 'A" iron rod set with `Baker-
Aiclden" cap for the northeast comer hereof, from which a %:" iron rod found for the northeast
corner of said Lot 1 bears, S 84° 51' 09" E for a distance of 114.48 feet;
EXHIBIT
"Au
Lot 1, Block B
Oak Bluff Estates
0.131 Acre Tract
Page 2 of 3
THENCE through the interior of said Lot 1, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 20.00 feet, an arc length of 32.01 feet,
a central angle of 91° 41' 30", and a chord which bears, S 49° 18' 06" W for a distance of
28.70 feet to a Vi" iron rod set with "Baker-Aicklen" cap for a point of tangency hereof,
and
2) S 03° 27' 22" W for a distance of 230.62 feet to a %2" iron rod set with "Baker-Aicklen"
cap on the south line of said Lot 1, same being the north line of said Lot 21, for the
southeast comer hereof
THENCE with the south line of said Lot 1, same being the north line of said Lot 21,
N 84° 47' 31" W for a distance of 25.94 feet to the POINT OF BEGINNING and containing
0.131 acres 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:
Mar:aret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-05840
Filename: W:1PROJECTSCORRICR 122\CR122-Recen11ROW TAKEJ.IETES AND BOUNDS\CR 122 LOT 1 BLOCK B OAK BLUFF.DOC
I
I
I
1
i
1
i
I
i
SKETCH TO ACCOMPANY DESCRIPTION
NUMBER
BEARING
DISTANCE
L1
N 03°53'55" E
1.42'
N OI°03'31" W)
(1.48')
L2
S 84°51'09" E
20.07'
L3
N 84°47'31" W
25.94'
WOODLAND LOOP
(50' R.O.W. WIDTH)
•(S 89°49'30"
9°49'3 "E 134.65'
L2 S 84°51'09"
f /34.55'
S 84°5l'09" E 4 e,
r
• LOT 1, BLOCK B
M OAK BLUFF ESTATES
CAB. F, SLIDES 125-127
N
11
0
h
POINT OF
BEGINNING
I
L• -�
LOT 21, BLOCK B
OAK BLUFF ESTATES
CAB. F, SLIDES 125-127
. CD ERY fY1 cN U7 r
ANo.
NUMBER I RADIUS ARC CEN. ANGLE
CI
C2
422
I
I
SCALE: 1" = 50'
WILLIAMSON COUNTY, TEXAS
LEGEND
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
"BAKER-AICKLEN" CAP
A CALCULATED POINT
( )
20.00 31.89' 91°22'06"
(20.00') (.31.90') (91°23'09")
20.00' 32.01' 91°41'30"
CH. BRG. CHORD
N 49°27'17" E 28.62'
(N 44°28'56" E) (28.62')
S 49°18'06" W 28.70'
RECORD BEARING AND
DISTANCE PER
CAB. F. SLIDES 125-127
DATE: FEB.. 2003
JOB NO.: 0601-2-058-80
BY: M. NOLEN
PAGE 3 OF 3
BAKER-AICKLEN
A ABBOCURE8. INC.
ENGINEERS/SURVEYORS
W:\rR0.1ECT5\CORR\CR/22\07122-Roto"I\ROW TAKE\OMO\CR O!2 LOT 1 BLOCK B OAK BLUFF.Arg IMdeq Oe1"1"r PSI 2004 - 9:54.m
DATE: March 17, 2005
SUBJECT: City Council Meeting - March 24, 2005
ITEM: *11.B.2. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.131 acre parcel of
land (Bruce Johnson) 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:
This ordinance would increase mobility in the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
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) Road
improvement project can be constructed. The construction of this project will
accommodate increased mobility in the City.
Public Comment: N/A