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R-05-12-01-9B2 - 12/1/2005RESOLUTION NO. R -05-12-01-9B2 WHEREAS, the City of Round Rock, is in the process of acquiring 1.051 acres of land from Aaron Thomison and Brenda Thomison through condemnation for the Highway 79 expansion project, and WHEREAS, at the time of this purchase A.T. Masonry was a tenant legally upon the property to be purchased and the remaining property and was displaced because of this acquisition, and WHEREAS, pursuant to the provisions of Section 24 of the Code of Federal Regulations (Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, a/k/a the "Uniform Act") the City of Round Rock has agreed to reimburse A.T. Masonry for certain reasonable and necessary relocation expenses as a result of its displacement because of this acquisition, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor or his designated agent is hereby authorized to approve a negotiated self move request authorizing reimbursement of up to a maximum of $120,400 for reasonable and necessary relocation and moving expenses associated with the moving of the personal property of A.T. Masonry located on property along Highway 79, a copy of which is attached hereto as Exhibit "A". BE IT FURTHER RESOLVED That the agreed amount of relocation expenses shall be paid to A.T. Masonry upon its completion of the relocation and vacating of the premises described herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this @PEDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R51201B2.WPD/dc Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 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. RESOLVED this 1st day of December, 2005. ST: , Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 2 County: Highway: Limits: CSJ No: Account No: Williamson U.S. 79 From: West of FM -1460 To: East of FM -1460 0204-01-055 8014-2-29 EXHIBIT Page 1 of 3 PROPERTY DESCRIPTION FOR PARCEL 10 DESCRIPTION OF 1.051 ACRES OF LAND, LOCATED iN THE PRIOR A. HOLDER SURVEY NO 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS 3.0 ACRES IN THAT WARRANTY DEED TO AARON THOMISON AND WIFE, BRENDA THOMISON, DATED NOVEMBER 30, 1993, RECORDED IN VOLUME 2422, PAGE 420, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.051 -ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ata 1/2 -inch iron rod set with aluminum cap stamped "Texas Dept of Tran", being the intersection of the north line of the proposed right-of-way of U.S. Highway No. 79 and the west line of the said 3.0 -acre Thomison tract, being the east line of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman, dated February 10, 1989, recorded in Volume 1755, Page 329, Official Records of Williamson County, Texas, said point being 64.00 feet left of proposed survey baseline station 210+38.16, and being the northwest corner of the herein described 1.051 -acre tract, from which a Point for Reference, being a 1/2 -inch iron rod found at the northwest corner of the said 3.0 -acre Thomison tract and the northeast corner of the said 15.99 -acre Cressman tract, bears N01 °54'40"W, a distance of 292.44 feet; 1. THENCE leaving the said west line of the 3.0 -acre Thomison tract and east line of the 15.99 -acre Cressman tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 3.0 - acre Thomison tract, N63°37'23"E, a distance of 507.91 feet to a Texas Department of Transportation Type 1l Monument set on the east line of the said 3.0 -acre Thomison tract, being the west line of that tract of land described as 0.73 acres in that warranty deed to Adeline Geistman, dated October 1, 1981, recorded in Volume 854, Page 429 of the Deed Records of Williamson County, Texas, the said point being 64.00 feet left of proposed survey baseline station 215+46.08, from which a Point for Reference, being a 1/2 -inch iron rod found at the northeast corner of the said 3.0 -acre Thomison tract and the northwest corner of the said 0.73 -acre Geistman tract, bears N01 °56'23"W, a distance of 74.60 feet; 2. THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with the said east line of the 3.0 -acre Thomison tract and west line of the 0.73 -acre Geistman tract, S01 °56'23"E, passing at a distance of 98.69 feet a 1/2 -inch iron rod found, in all a total distance of 98.96 feet to a point on the north line of the existing right-of-way of U.S. Highway No. 79 (100 -foot wide), being the southeast corner of the said 3.0 -acre Thomison tract, and being the southwest corner of the said 0.73 -acre Geistman tract; 3. THENCE leaving the said east line of the 3.0 -acre Thomison tract and west line of the 0.73 -acre Geistman tract, with the said north line of the existing right-of-way of U.S. Highway No. 79, being the south line of the said 3.0 - acre Thomison tract, S63°36'48"W, a distance of 508.01 feet to a point, being the southwest corner of the said 3.0 -acre Thomison tract, and being the southeast corner of the said 15.99 -acre Cressman tract, from which a 1/2 -inch iron rod found bears S01 °54'40"E, a distance of 0.36 feet; 4. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 3.0 -acre Thomison tract, with the said west line of the 3.0 -acre Thomison tract and east line of the 15.99 -acre Cressman tract, N01 °54'40"W, a distance of 99.08 feet to the POINT OF BEGINNING and containing 1.051 acres of land, more or less. T:\Tech1\TxDOTGeneral\050098_TxDoT US79-RR_RoW-PlantFnotes\Fn01-226_P10.ay.doc February 13, 2003 County: Highway: Limits: CSJ No: Account No: Williamson U.S. 79 From: West of FM -1460 To: East of FM -1460 0204-01-055 8014-2-29 BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: Page 2 of 3 That I, John Strawbridge, 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 is based upon a on the ground survey compiled during October, 2001. WITNESS MY HAND AND SEAL at Austin, Travis County, Tex sthis the 1 th day of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 Austin, Texas 78746 John Strawbridge Registered Professional Land Surveyor No. 4283 - State of Texas T:\Techl\TxDQTGeneral\050098_TxDoT US79-RR_RoW-Plan1Fnotes\Fn01-226_P10..ay.doc February 13, 2003 Nage Sot .5 GO cit a O E000W0 Ce re) rn rn SLo ao_ cez >cc � • _ _1: 0 -IJ NTY--R 0AD-- 95 P-4 POINT OF BEGINNING a: PARCEL 10 8 4 210+38.16 64.00' Lt N=10164924.224 E=3145072.557 N.T.S. .PRIOR A. HOLDER SURVEY No.9 ABSTRACT 29 AARON THOMISON AND WIFE, BRENDA THOMISON VOL2422, PG.420, O.R.W.C. WARRANTY DEED: NOV. 30, 1993 3.0 AC. z a . ADELINE GEISTMAN ro Q L854, PG.429, D.1 -11.4.C. 01 . -WARRANTY-SEED:-- t ' Is OCT. 1. 1981 215.46.06,,... _ $ 0.73 AC. rf 1 ` TO DE ACQUIRED FOR 1t64.0O' Lt BY CITY OF 3- � �n s ROUND RO AW4ITINI, "a REC9RUED DOC.� 1.051 AC. 45785 SQ.FT. m t Loi • LEGEND TX.D.O.T. TYPE II MONUMENT SET C 1/2 IRON RIX) SET WITH TX.D.O.T. ALUMINUM CAP STAMPED 'TEXAS DEPT OF IRAN' • IRON ROD FOUND (1/2', OR AS NOTED) OFFICIAL RECORDS OF WILUAMSON COUNTY, TEXAS D.R.W.C. D5 RECORDS OF WILLIAMSON COUNTY, TEXAS TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION R.O.W. RIGHT-OF-WAY 57210'W COURSES • STATIONS 123/-45 FROM TX-D.O.T. RECORDS (3020'co'E) COURSES FROM ADJOINING (r2.7.45) PROPERTY RECORDS GRAPHIC SCALE GUARD RAIL FENCE UNE PROPERTY UNE CENTERLINE PARCEL NUMBER FOR R.O.W. ACQUISITION NOM: 1. ALL BEARINGS AND COORDINATES SHOWN HARE BASED UPON THE TEXAS STATE PLANE COORDINATE sistal. NAD83, CENTRAL ZONE. M.L. DISTANCES SHOWN HEREON ME SURFACE DISTANCES. ALL COORDINATES WERE ADJUSTED FROM STATE PLANE GRID TO PROJECT SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085. REFERENCE Tx.D.o.T. CONTROL POINT N2480044, PROJECT SURFACE COORDINATE: N440163546214, E-3142527.910. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TTIE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATIVE TO THE PROPOSED SURVEY BASELINE OF US HIGHWAY 79. ALL OFFSETS ARE MEASURED AT RIGHT ANGLES TO SAID SURVEY BASELINE 4. REMAINDER MEAS SHOWN IN THE TABLE ARE CALCULATED BY SUBTRACTING THE R.O.W. ACOUISDON FROM THE RECORD DEED I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER (RECTION MD SUPERVISION. AND IS TRUE AND CORRECT TO , OF MY ' OWLEDCE AND BELIEF. HN STRAWBRIr E DATE REGISTERED PROFESSIONAL D SURVEYOR STATE OF TEXAS NO. 4283 CarterSurgess RIGHT-OF-WAY PLAT SHOWING PROPERTY OF AARON AND BRENDA THOMISON 2705 Bee Cave Road Suite 300 Austin, Texas 78746 Phone:512.314.3100 Fax:512.328.6672 www.c-b.com 8 Copyright 2002 Carter & Burgess. Inc. DATE Tx.D.O.T. PROJECT OCTOBER 2001 US HIGHWAY 79 SCALE ACCOUNT NO. C. S. J. NO. 1" = 100' 8014-2-29 1 0204-01-055 PARCEL NUMBER 10 DISTRICT 14 COUNTY WILLIAMSON ACQUISITION ACRES 1.051 SQUARE FEET 45785 DEED AREA 3.0 REMAINDER AREA T:\ Tech/ \TxDOT6eneral\050098_TxDoT U$79 -RR RoW-Pion\Fnotes1Fn01-226_P10•dwo. 3 of 4. Z003/02113 03:07 0, SChrejberi:L. CR Austin Siry v 1.9 DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: 9.B.2. Consider a resolution authorizing the Mayor to approve the payment of a negotiated self -move request for A.T. Masonry, Parcel 10 of the US 79 Widening Project. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Relocation of displaced landowner due to right-of-way acquisition for Highway 79 construction project. Funding: Cost: $120,400.00 Source of funds: Transportation System Development Corporation Outside Resources: Sheets & Crossfield, P.C. Background Information: Relocation services which follow the Uniform Act are required to be provided on all State Highway projects. Public Comment: N/A