G-05-08-25-12D1 - 8/25/2005ORDINANCE NO. - 05-0 g-cA D�
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 1.377
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR A FIRESTATION , 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
the City and the
improvements for a
perform
there is a public necessity for the welfare of
public -at -large to construct and maintain
firestation in the City of Round Rock, and to
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 1.377 acres of land in
Williamson County, Texas, from Chandler Creek, L.P.; 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
P y
acquired for this Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ROUND
ROCK, TEXAS.
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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
omplete
said Project, and to perform and undertake all other proceedings
g
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
Project and associated public purposes.
and maintenance of the
If it is later determined
that there are any errors in the descriptions
if later surveys contain more
contained herein or
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
3
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
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 f5 day
bOt
of
, 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:
CHRISTINE R. MARTINEZ
City Secretary
4
WEL , or
f Round Rock, Texas
Portion of
Lot 1, Block A,
Oakmont Centre Section Seven
1.377 Acre
Page 1 of 2
DESCRIPTION
FOR A 1.377 ACRE TRACT OF LAND SITUATED IN THE EPHRAI
M
EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY
TEXAS, BEING A PORTION OF LOT 1, BLOCK A, OAKMONT
CENTRE SECTION SEVEN, A SUBDIVISION RECORED IN
CABINET I, SLIDES 296 - 297 OF THE PLAT RECORDS OF SAID
COUNTY, SAID 1.377 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING LAND TITLE SURVEY IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2" iron rod found for the southwest comer of said Lot 1, same being
the northwest corner of Lot 2-A, Replat of Lots 2, 4, and 6 Section 7 Oakmont Centre and
recorded in Cabinet T, Slides 274 - 275 of the Plat Records of said county, being on the
east right-of-way line of Oakmont Drive (60 foot right-of-way width), for the southwest
comer and POINT OF BEGINNING hereof, from which a 1/2" iron rod found on aoint
of curvature on the west line of Lot 4-B, of said Replat of Lots 2, 4, and 6 Sectio
Oakmont Centre bears, S 19°00' 00" E (Basis of Bearings) for a distance of 787.96°n 7
feet;
THENCE with the west line of said Lot 1, same being the east right-of-way
Oakmont Drive, N 18° 59' 19" W for a distance of 200.00 feet line of said
"Baker-Aicklen" cap for the northwest comer hereof, from which t iron rod set e most westerlrwly
northwest comer of said Lot 1 bears, N 18°59' 19" W for a distance of 286.99y
feet;
THENCE through the interior of said Lot 1, N 71° 02' 26" E for a dist
299.90 feet to a 1/2" iron rod set with "Baker-Aicklen" cap on the east line of saiance of
d 1,
same being the west line of Lot 1, Oakmont Centre Sect. 4, a subdivision recorded Lot n
Cabinet F, Slides 328 - 329 of the Plat Records of said county, for the northeastcomer r
hereof, from which a r/2" iron rod found with "Baker-Aicklen" capfor the comer
corner of said Lot 1, Oakmont Centre Section Seven bears, N 18 59' 19" northeast
east
distance of 311.10 feet; for a
Portion of
Lot 1, Block A,
Oakmont Centre Section Seven
1.377 Acre
Page 2 of 2
THENCE with the east line of said Lot 1, Oakmont Centre Section Seven, same
the west line of said Lot 1, Oakmont Centre Sect. 4, S 18° 59' 19" E for a di being
distof
200.00 feet to a 1/2" iron rod found for the southeast comer of said Lot 1, Oakmont Centre re
Section Seven, same being the southwest comer of said Lot 1, Oakmont Cent ntre
being on the north line of said Lot 2-A, for the southeast corner hereof; re Sect. 4,
THENCE with the south line of said Lot 1, Oakmont Centre Section Seven, s
the north line of said Lot 2-A, S 71° 02' 26" W for a distance of 299.90 feet be
being
POINT OF BEGINNING hereof and containing 1.377 acre of land. to the
Surveyed under the direct supervision of the undersigned during June, 2005:
Margaret • . Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
Job No.: 0601-2-103-20
Filename: W:\PROJECTS\OAKMONT CENTRE\SEC SEVEN\LTS LOT 1 SOUTH 200 FEETIMETES & BOUNDS\OAKMO
LOT 1 BLK A SOUTH 200 FEET LTS.doc NT 7
ALTA LAND TITLE SURVEY FOR:
1.377 ACRES OUT OF
LOT 1, BLOCK A,
OAKMONT CENTRE
SECTION SEVEN
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RADIUS = 25.00'
ARC = 39.00'
CEN. ANGLE = 89°2218"
CH. 8RG. = N 26°00'55" £
CHORD = 35.16'
(RADIUS = .25.00')
(ARC = 39.35')
(CEN. ANGLE = 90"(/'1O )
(CH. 8RG. = N 26°05'35"
(CHORD = 35.40
REMAINDER OF
LOT 1, BLOCK A
811
L!
LI
SCALE: 1" = 40'
WILLLAMSON COUNTY, TEXAS
• I/2" IRON ROD FOUND
BA • !/2" IRON ROD FOUND WITH.
"BAKER-AICKLEN" CAP
O 1/2' IRON ROD SET WITH
"BAKER-AICKLEN"CAP
• UTILITY POLE
- OE -- OVERHEAD UTILITY LINE
1 GUY iVIRE
•W WATER VALVE
®FH FIRE HYDRANT
LUMINARE STANDARD
O E ELECTRIC BOX
-0' SIGN
( ) RECORD BEARING
AND DISTANCE PER
948. I, SLIDES 296-297
2
PO
LOCATION IJIAF
POINT OF
BEGINNING 7
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SURVEYOR'S MOTES:
I) UNDERGROUND UTILITIES HAVE NOT BEEN LOCATED BY THIS 5URVEY. THE HEREON SIGNED
REGISTERED PROFESSIONAL LAND SURVEYOR MAKES NO WARRANTY AS TO THE EXISTENCE OR
LOCATION OF ANY SUCH UTILITY, WHETHER SERVING THE SUBJECT TRACT OR FOR THE
PURPOSE OF SERV/CINS OTHER PROPER7)ES.
2) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED A$ A
PART OF THIS SURVEY,
3) THE WORD "CERTIFY` "CERTIFICATE", OR "CERTIFICATION" AS SHOWN AND USED HEREON
MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE 94979 OF THE SURVEY
AND DOES NOT CONSTITUTE A WARRANTY OR 55454/NTEE EXPRESSED OR IMPLIED.
4) BASED ON FEMA MAP NUMBER 48491C 0240 9, EFFECTIVE DATE SEPTEMBER 27 1991 THE
PROPERTY DESCRIBED HEREIN LIES ENTIRELY WITHIN THE NDN -SHADED ZONE X, AREAS
DETERMINED TO 95 OUTSIDE 500-7949105050754/5 THE FEMA .MAP NOTED ABOVE IS THE
ONLY SOURCE OF FLOOD INFORMATION CONSIDERED FOR THIS SURVEY. THE GOVERNMENTAL
UNIT HAVING JURISDICTION OVER DEVELOPMENT IN THIS LOCALE MAY HAVE OTHER FLOOD
INFORMATION REOURREMENTS OR MAY REQUIRE A NEW FLOOD STUDY 89 PERFORMED.
5) BUILDING SETBACK LINES PER CAB. 1. SLIDES 295-287, STATES:
SIDE, 50 FEET (57ECI45 05L Y) OTHERWISE NO REQUIREMENT
PEAR: 50 FEET (SPECIAL ONLY) OTHERWISE NO REQUIREMENT
6) THIS TRACT IS VACANT.
7) nils TRACT IS N07 FENCED.
81 A TITLE
ENT
AS NOT
IDED FOR THIS
RVEY. ONLY THOSE EASEMEIVTS
SRHOWN ON CAB. MSLIDES 296-297 ARE VS.HOWN FON THIS USURVEY. IVO ADDITIONAL RESEARCH
OF EASEMENTS OF RECORD WAS PERFORMED BY BAKER-AICKLEN AND ASSOCIATES, INC.
PC 197 4-5
loco
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•
DESCRIPTION: 1.377 ACRES OUT OF LOT 1, 9LOCK A, OAKMONT CENTRE SECTION SEVEN,
A SUBDIVISION RECORDED IN CABINET I, SLIDES 296 - 297 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS. SEE ATTACHED METES AND BOUNDS DESCRIPTION.
SURVEYOR'S CERTIFICATE:
T0, THE CITY OF ROUND ROCK
THIS IS TO CONFIRM THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED
WERE MADE IN ACCORDANCE WITH "MINIMUM STANDARD DETAIL REQUIREMENTS FOR
AL 7A/ACSM LAND TITLE SURVEYS", JOINTLY ESTABLISHED AND ADOPTED BY ALTA,
ACSM, AND NSPS IN 1999, AND INCLUDES ITEMS 1, 2, 3, 4, 6 (INFORMATION PER PLAT),
7(4), 8, 9. /0, AND 11(A) OF TABLE A THEREOF. PURSUANT TO THE ACCURACY
STANDARDS AS ADOPTED BY ALTA, NSPS, AND ACSM, AND IN EFFECT ON THE DATE OF
THIS CERTIFICATION, UNDERSIGNED FURTHER CERTIFIES THAT THE POSITIONAL
UNCERTAINTIES RESUL 7/99 FROM THE SURVEY MEASUREMENTS MADE ON THE SURVEY
DO NOT EXCEED THE ALLOWABLE POSITIONAL TOLERANCE.
DATE OF SURVEY COMPLETION; JUNE 29, 2005
MARGARET A. NOLEN
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5589
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DATE: August 19, 2005
SUBJECT: City Council Meeting - August 25, 2005
ITEM: 12.D.1. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 1.377 acre parcel of land for the
Fire Station #7 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 this needed
parcel from Chandler Creek, L.P. for the construction of Fire Station #7.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A