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G-05-06-09-9B1 - 6/9/2005ORDINANCE NO.OS-4)6-0Q- 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 0.106 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SMD 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 0.106 acres of land in Williamson County, Texas, from Lavonne Sheets; said land more particularly described in Exhibit "2 " 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. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDSNANC/050609H1.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 2 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, 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 day of S-.+ , 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. W L, Mayo of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secreta 4 Lot 1, Block A Oak Bluff Estates 0.106 Acre Tract Page 1 of 3 DESCRIPTION FOR A 0.106 ACRE (4,600 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 A, 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 Y2" iron rod found for the northwest corner of said Lot 1, same being on the south line of Lot 1, Block Two, Greenfields, a subdivision recorded in Cabinet F, Slides 166 — 167 of the Plat Recordsofsaid county, being on the east right-of-way line of County Road 122 (right-of-way width varies), for the northwest corner and POINT OF BEGINNING hereof from which a %2" iron rod found for the southwest corner of said Lot 1, Greenfields bears, N 85° 00' 42" W for a distance of 10.00 feet; THENCE with the north line of said Lot 1, Oak Bluff Estates, same being the south line of said Lot 1, Greenfields, S 85° 00' 42" E for a distance of 17.56 feet to a''," iron rod set with "Baker- Aicklen" cap for the northeast corner hereof; THENCE through the interior of said Lot 1, the following two (2) courses and distances: 1) S 03° 27' 22" W for a distance of 230.96 feet to a %Z" iron rod set with "Baker-Aicklen" cap for a point of curvature hereof, and 2) with the arc of a curve to the left, having a radius of 20.00 feet, an arc length of 30.78 feet, a central angle of 88° 10' 20", and a chord which bears, S 40° 37' 49" E for a distance of 27.83 feet to a 1/2" iron rod set with "Baker-Aicklen" cap on the south line of said Lot 1, Oak Bluff Estates, same being the north right-of-way line of Woodland Loop (50 foot right-of-way width), for the southeast corner hereof, from which a '/z" iron rod found for the southeast corner of said Lot 1, Oak Bluff Estates bears, S 84° 42' 59" E for a distance of 105.38 feet; EXHIBIT D 9 II An Lot 1, Block A Oak Bluff Estates 0.106 Acre Tract Page 2 of 3 THENCE with the south line of said Lot 1, Oak Bluff Estates, same being the north right-of-way line of said Woodland Loop, N 84° 42' 59" W for a distance of 19.04 feet to a %" iron rod found for a point of curvature hereof; THENCE with the curving intersection of the east right-of-way line of said County Road 122 and the north 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 30.98 feet, a central angle of 88° 45' 39", and a chord which bears, N 40° 29' 29" W for a distance of 27.98 feet to a 1/2" iron rod found for a point of tangency hereof; THENCE with the west line of said Lot 1, same being the east right-of-way line of said County Road 122, N 03° 50' 17" E for a distance of 230.68 feet to the POINT OF BEGINNING and containing 0.106 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 undersign :._ February, 2003: Margaret A. Nolen Registered Professional Land Surveyor No. BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 0601-2-058-80 Filename: W:\PROJECTS\CORR\CR122\CR122-Recent\ROW TAKE\METES AND BOUNDS\CR 1221 WT 1 BLOCK A OAK BLUFF.DOC NUMBER CI C2 SKETCH TO ACCOMPANY DESCRIPTION i R ©F .E .1=e7- 114 c 1N1 LJTT C U.R V.E Y. A .8 ST' .RA L 1 NO. 422 LOT 1, BLOCK TWO GREENFIELDS CAB. F, SLIDES 166-167 Ll P. POINT OF BEGINNING / / SUBJECT TRACT 0.106 ACRE CV W (4,600 SQ. FT.) r� PO ir) �ti h ..tri 4 Z LOT 1, BLOCK A o OAK BLUFF ESTATES U o oCAB. F, SLIDES 125-127 co 04.4,.. • NUMBER BEARING DISTANCE LI N 85°00'42" W 10.00' (N 89°49'30" W) (10.00') L2 S 85°00'42" E 17.56' (S 89°49'30" E) L3 N 84°42'59" W 19.04' S 84°42'59" L 3 (S 84°42-;-537—' E 124 2 49 30 E /24.45'1 WOODLAND LOOP (50' R.O.W. WIDTH) I i I i i SCALE: 1" = 50' WILLIAMSON COUNTY, TEXAS LEGEND 1/2" IRON ROD FOUND O 1/2" IRON ROD SET WITH "BAKER-AICKLEN" CAP ( ) RECORD BEARING AND DISTANCE PER CAB. F, .SLIDES 125-127 RADIUS ARC 20.00' 30.78' 20.00' 30.98' (20.00') (30.93') CEN. ANGLE 88°10'20" 88°45'39" (88036'51") CH. BRG. S 40°37'49" E N 40°29'29" W (N 45°31'04" W) CHORD 27.83' 27.98' (27.94') 1 DATE: FEB.. 2003 JOB NO.: 0601-2-058-80 BY: M. NOLEN PAGE 3 OF 3 BAKER-AICKLEN & ASSOCIATES, INC. ENGINEERS/SURVEYORS W:\PROJECTS\CORR\CR122\CR,22-Recent\ROW TAKE\OWG\CR 122 LOT 1 BLOCK A OAK BLUFF.drg (Model) October 19 2004 - 9:51em DATE: June 3, 2005 SUBJECT: City Council Meeting - June 9, 2005 ITEM: *9.6.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.106 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. (First Reading) Department: Legal Department Staff Person: Steve Sheets, City Attorney Justification: Authorization for City Attorney to initiate eminent domain proceedings to acquire needed parcel from Lavonne Sheets for the Red Bud Lane/CR 122 sidewalk. Funding: Cost: N/A Source of funds: G.O. Bonds Outside Resources: N/A Background Information: Authorization for City Attorney to initiate eminent domain proceedings to acquire needed parcel from Lavonne Sheets for the Red Bud Lane/CR 122 sidewalk. Public Comment: N/A