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G-05-07-14-10A1 - 7/14/2005ORDINANCE NO. 0- -05-07- AN D5 -07 - 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 1.14 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 FOR CITY OF ROUND ROCK PARK FACILITIES, 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) and for park facilites 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 1.14 acres of land in Williamson County, Texas, from Donald and LaVon Holder; said land more particularly described in Exhibit "A" 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. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050714A1.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 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. i t READ, PASSED, and ADOPTED on first reading this / day of LULU , 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 , 200 4 l City of Round Rock, Texas F}LAnJ m c 6 -refit , MAyae, PEO --rem ATTEST: CHRISTINE R. MARTINEZ, City Secret 4 PARCEL: 5 COUNTY: WILLIAMSON OWNER: DONALD HOLDER EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 1.140 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A REMAINDER OF A 1.06 ACRE TRACT OF LAND, CALLED TRACT ONE, LYING EAST OF COUNTY ROAD NO. 122 AND ALL OF A 0.8 ACRE TRACT OF LAND, CALLED TRACT TWO, CONVEYED TO DONALD HOLDER AND LAVON HOLDER BY INSTRUMENT RECORDED IN VOLUME 632, PAGE 442 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.140 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 4 BEGINNING at a W iron rod with cap set in the southerly curving right-of-way line of Union Pacific Railroad, in the northwesterly corner of Lot 1, Rio Forest Subdivision, recorded in Cabinet K, Slide 56-57 of the Plat Records of Williamson County, Texas, and in the northeasterly comer of said 0.8 -acre tract for the northeasterly comer and POINT OF BEGINNING hereof; THENCE departing said curving southerly right-of-way line and with the common boundary line of said Rio Forest Subdivision and 0.8 -acre tract the following (3) courses labeled 1, 2, and 3: 1. S 19°44'43" E for a distance of 68.30 feet to a '/z" iron pipe found for an angle point hereof; 2. S 28°09'43" E for a distance of 115.69 feet to a W iron rod with cap set for an angle point hereof; 3. S 02°51'17" W for a distance of 81.11 feet to a calculated point in the approximate centerline of Brushy Creek for the southeasterly comer hereof; EXHIBIT a 11 A iv PARCEL: 5 COUNTY: WILLIAMSON OWNER: DONALD HOLDER Page 2 of 4 THENCE with the approximate centerline of said brushy Creek and the southerly boundary line of said 0.8 -acre tract the following (2) courses labeled 4 and 5: 4. S 73°46'17" W a distance of 59.42 feet to a calculated angle point hereof; 5. N 61°19'43" W for a distance of 128.58 feet to the calculated northwesterly comer of Lot 1, Creek View Subdivision, recorded in Cabinet S, Slide 366-367 of said Plat Records, same being the northeasterly comer of a remainder of a 200 acre tract of land conveyed to V. A. Southern by instrument recorded in Volume 339, Page 289 of said Official Records for an angle point hereof; 6. THENCE with the northerly boundary line of said 200 -acre tract and southerly boundary line of said 0.8 -acre tract and the approximate centerline of said Brushy Creek N 60°25'56" W for a distance of 7.73 feet to the calculated southeasterly comer of said 1.06 -acre tract and southwesterly corner of said 0.8 -acre tract for an angle point of said remainder of a 200 -acre tract and an interior comer hereof; 7. THENCE with the northerly boundary line of said remainder of a 200 -acre tract and southerly boundary line of said 1.06 -acre tract and the approximate centerline of said Brushy Creek S 74°21'17" W for a distance of 77.89 feet to a calculated point in the easterly right-of-way tine of County Road No. 122 as described by instrument and conveyed to Williamson County, Texas, recorded in Volume 1181, Page 657 and Volume 1198, Page 723 of the said Official Records for the southwesterly comer hereof; 8. THENCE with the said easterly right-of-way line N 13°15'48" W for a distance of 155.77 feet to a calculated point in said southerly curving railroad right-of-way line and northerly boundary line of said 1.06 -acre tract for the beginning of a curve to the right and the northwesterly corner hereof; PARCEL: 5 COUNTY: WILLIAMSON OWNER: DONALD HOLDER Page 3 of 4 9. THENCE with said southerly curving railroad right-of-way, at an arc distance of 109.37 feet pass a W iron rod with cap set in the northeasterly comer of said 1.06 -acre tract and northwesterly comer of said 0.8 -acre tract and continuing for a total arc distance of 224.19 feet, having a radius of 10216.85 feet, a central angle of 0115'26", and a chord which bears N 72°24'09" E for a distance of 224.18 feet, to the POINT OF BEGINNING and containing 1.140 acres of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by. a survey made on the ground under my direction and supervision. WITNESS MY HAND AND. SEAL at Round Rock, Williamson County, Texas. M. Stephen Tn esdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 206 West Main Street Suite 107 Round Rock, TX 78664 512-238-1200 r" --;w24 CR122-PARCEL5-REV 1. DOC Date ( • 0 A P.O.B. B.F.R. 0.P.R.W.C.T. P.R.W.C.T. LEGEND 1/2" IRON ROD FOUND UNLESS NOTED 1/2" IRON PIPE FOUND UNLESS NOTED 1/2" IRON ROD SET W/CAP CALCULATED POINT PROPERTY LINE POINT OF BEGINNING BEGIN FOR REFERENCE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS PLAT RECORDS WILLIAMSON COUNTY. TEXAS COUNTY ROAD 122 (R.O.W. VARIES) VOL. 1181, PG. 657 VOL. 1198, PG. 723 0.P.R.W.C.T. ‘3NwN P pC\°C 2 15.6' ��f.' W° cin in ...1 , 1.140 12c5- •"; is ,. �\. i,: • DONALD HOLDER LaVON HOLDER REMAINDER TRACT ONE 1.06 ACRES VOL. 632, PG. 442 APPROXIMATE CENTERLINE , BRUSHY 121.6' IAC. W io QPR 6 25 0 50 100 N S E SINGLE STORY RESIDENCE s cam cs ku` DONALD HOLDER t` LaVON HOLDER TRACT TWO .8 ACRES VOL. 632, PG. 442 0.P.R.W.C.T. SCALE I" =100' NUM DIRECTION DIST L4 S I9°44'43" E 68.30' L5 S 02°51'17" W 8111' L6 S 73°46'17" W 59.42' L7 N 60°25'56" W 7.73' L8 S 74°2l'I7" W 77.89' LOT I J RIO FOREST SUBDW IStON-• �.- --CA§. K, SL. 56-57 P.R.W.C.T. • 4:21 - 1 V. A. SOUTHERN s' REMAINDER 200 ACRES VOL. 339, PG. 289 0.P.R.W.C.T. CREEK ----V.-5- .A j0 u1 o � fz NOTES: ALL BEARINGS ARE BASED ON COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. i . 1.1 1• \ m1 `.tea �.� coI 1 �o LOT 1 1 ''. < 1 N CREEK VIEW LOT 2 i CuUBDIVISION t , CAB. S. SL. 366-367 i -o P.R.W.C.T. m 1 I5 1 APPROXIMATE CENTERLINE BRUSHY CREEK NUMBER RADIUS LENGTH DELTA ANGLE CHORD CH. BEARING CI 10216.85 224.19 01015'26" 224.18 N 72°24'09" E THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON SUPERVISION AND THAT THIS PLAT IS TRUE AND CO M. PH N TRUESDALE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR THE GROUND ", CORRECT TO TH ,4 M. STEPHEN TRUESDALE •' "'",.,7. y..+. 4933 's. r7-: =h rr/ RIGHT 0 1.4.1,S -FS_ 1` 4 COUNTY R043 122 WILLIAMSON COUNTY, TEXAS PARCEL 5 DONALD HOLDER & LaVON HOLDER ION AND LEDGE AND BELIEF. a INLAND CIVIL" VASSOCIATES J PROFESSIONAL LAND SURVEYORS ' 206 W. MAIN ST. SUITE 107 ROUND ROCK, TX. 78664 P11. (512) 278-1200, FAX(512) 238-1251 PAGE 4 OF 4 DATE: July 8, 2005 SUBJECT: City Council Meeting - July 14, 2005 ITEM: 10.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 1.14 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. (Holder Tract) (First Reading) Department: Legal Department 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) Road improvement project and City of Round Rock park facilities can be constructed. The construction of this project will accommodate increased mobility in the City. Funding: Cost: N/A Source of funds: N/A Outside Resources: Background Information: Public Comment: Sheets & Crossfield, P.C. N/A Increased mobility and creation of park facilities in the City.