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G-06-03-09-8A1 - 3/9/2006ORDINANCE NO. l3' OoO3-OJ- p R I AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A 0.294 ACRE AND A 0.315 ACRE TEMPORARY STAGING AND STORAGE EASEMENT AREA (EXHIBIT A-1), A 2.092 ACRE (EXHIBIT A-2), A 0.158 ACRE (EXHIBIT A-3) AND A 0.384 ACRE (EXHIBIT A-4) PERMANENT TUNNEL WASTEWATER LINE EASEMENT; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE MCNUTT CREEK WASTEWATER INTERCEPTOR 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 for the McNutt Creek Wastewater Interceptor, 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 a 0.294 acre and a 0.315 acre temporary staging and storage easement area (Exhibit A-1), a 2.092 acre (Exhibit A-2), a 0.158 acre (Exhibit A-3) and a 0.384 acre (Exhibit A-4) permanent tunnel wastewater line easement, in Williamson County, Texas; 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/060309A1.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. READ, PASSED, and ADOPTED on first reading this day of mat , 2006. Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of , 2006 ATTEST: X LL Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ City Secretary 4 INLAND CIVIL ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 Chisholm Trail Road, Suite 103 Round Rock, Texas 78681 (512) 238-1200 Phone (512) 238-1251 Fax DESCRIPTION OF A 0.294 ACRE (12,827 SQUARE FOOT) TRACT OF LAND (TRACT A), AND A 0.315 ACRE (13,742 SQUARE FOOT) TRACT OF LAND (TRACT B), OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NUMBER 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 218.28 ACRE TRACT OF LAND (TRACT 1), DESCRIBED IN THAT WARRANTY DEED OF GIFT TO BEVERLY JOHNSON GORDON RECORDED IN DOCUMENT NO. 1998035986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNY, TEXAS. SAID 0.294 ACRE (12,827 SQUARE FOOT) TRACT OF LAND (TRACT A), AND SAID 0.315 ACRE (13,742 SQUARE FOOT) TRACT OF LAND (TRACT B), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT A: (0.294 ACRES -12,827 SQUARE FEET) BEGINNING FOR REFERENCE at a found TxDOT Type II monument in the curving southerly boundary line of Lot 1, Block "A", Replat of Pioneer Crossing Commercial Tract, same being the existing northerly right-of-way line of U. S. Highway 79 (right-of-way width varies): THENCE, with the southerly boundary line of said Lot 1 and said existing northerly right-of-way line of U. S. Highway 79, along a curve to the right, having a delta angle of 00°40'52", a radius of 11,420.00 feet, an arc length of 135.74 feet, and a chord which bears N 79°51'37" E for a distance of 135.74 feet to a found 1/2" iron rod, being the southeasterly corner of said Lot 1 and the southwesterly corner of said 218.28 acre tract; THENCE, departing said existing northerly right-of-way line of U. S. Highway 79, with the common boundary line of said Lot 1 and said 218.28 acre tract, N 02°22'01" W for a distance of 34.57 feet to a calculated point, being the most southerly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, continuing with said common boundary line N 02°22'01" W for a distance of 97.49 feet to a calculated point, being the northwesterly corner of the herein described tract; THENCE, departing said common boundary line, through the interior of said 218.28 acre tract, the following two (2) courses: 2) N 81°04'32" E for a distance of 218.63 feet to a calculated point at the beginning of a non -tangent curve to the right, being the northeasterly corner of the herein described tract; 3) Along said curve to the right, having a delta angle of 24°36'35", a radius of 585.00 feet, an arc length of 251.27 feet, and a chord which bears S 58°13'06" W for a distance of 249.34 feet to the POINT OF BEGINNING, containing 0.294 acres (12,827 square feet) of land, more or less TRACT B: (0.315 ACRES -13,742 SQUARE FEET) BEGINNING FOR REFERENCE at a found TxDOT Type II monument in the curving southerly boundary line of Lot 1, Block "A", Replat of Pioneer Crossing Commercial Tract, same being the existing northerly right-of-way line of U. S. Highway 79 (right-of-way width varies); Page 1 of 3 510 0 74 THENCE, with the southerly boundary line of said Lot 1 and said existing northerly right-of-way line of U. S. Highway 79, along a curve to the right, having a delta angle of 00°40'52", a radius of 11,420.00 feet, an arc length of 135.74 feet, and a chord which bears N 79°51'37" E for a distance of 135.74 feet to a found 1/2" iron rod, being the southeasterly corner of said Lot 1 and the southwesterly corner of said 218.28 acre tract, and being the southwesterly comer and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said existing northerly right-of-way line of U. S. Highway 79, with the common boundary line of said Lot 1 and said 218.28 acre tract, N 02°22'01" W for a distance of 3.25 feet to a calculated point at the beginning of a non -tangent curve to left, being the northwesterly comer of the herein described tract; THENCE, departing said common boundary line, through the interior of said 218.28 acre tract, the following two (2) courses: 2) Along said curve to the left, having a delta angle of 25°28'15", a radius of 615.00 feet, an arc length of 273.40 feet, and a chord which bears N 58°38'46" E for a distance of 271.15 feet to a calculated point, being the northeasterly comer of the herein described tract; 3) S 08°32'04" E for a distance of 125.54 feet to a calculated point in the southerly boundary line of said 218.28 acre tract, same being said existing northerly right-of-way line of U. S. Highway 79, being the southeasterly comer of the herein described tract; THENCE, with the southerly boundary line of said 218.28 acre tract and said existing northerly right-of-way line of U. S. Highway 79, the following three (3) courses: 4) Along a curve to the left, having a delta angle of 00°45'14", a radius of 11,400.00 feet, an arc length of 150.00 feet, and a chord which bears S 81°03'19" W for a distance of 150.00 feet to a found TxDOT Type II monument; 5) N 09°22'04" W for a distance of 20.00 feet to a found TxDOT Type II monument at the beginning of a curve to the left; 6) Along said curve to the left, having a delta angle of 00°30'06", a radius of 11,420.00 feet, an arc length of 100.00 feet, and a chord which bears S 80°27'06" W for a distance of 100.00 feet to the POINT OF BEGINNING, containing 0.315 acres (13,742 square feet) of land, more or less. BEARING BASIS: All bearings are based on grid bearings. Distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone 4203. NOTE: This description is accompanied by a separate plat of this survey. Surveyed under the direction and supervision of the undersigned: Travis Horn Registered Professional Land Surveyor No. 5705 Date: Page 2 of 3 PLAT TO ACCOMPANY DESCRIPTION O.R.W.C.T. P.R.W.C.T. 0.P.R.W.C.T. LEGEND 1/2" IRON ROD FOUND TXDOT TYPE II MONUMENT FOUND CALCULATED POINT RECORD INFORMATION OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 50 0 50 100 SCALE 111 = 100' BEVERLY JOHNSON GORDON (218.28 AC.) DOC. NO. 1998035986 TRACT 1 O.R.W.C.T. LOT I, BLOCK "A" REPLAT OF PIONEER CROSSING COMMERCIAL TRACT CAB. "Z", SL. 8-10, P.R.W.C.T. LINE TABLE LI N 02°22'01" W 34.57' L2 N 02°22'01" W 3.25' L3 N 09°22'04" W 20.00' (L3) (N 09°18'10" W) (20.00') EXISTING R•0.'i POINT OF BEGINNING TRACT A XISTING R•0. POINT OF REFERENCE TRACTS A & B POINT OF BEGINNING TRACT B NOTES: CURVE DATA NO. DELTA RADIUS LENGTH CHORD CHORD BEARING CI 00°40'52" 11,420.00' 135.74' 135.74' N 79°51'37" E C2 24°36'35" 585.00' 251.27' 249.34' S 58°13'06" W C3 25°28'15" 615.00' 273.40' 271.15' N 58°38'46" E C4 00045114" 11,400.00' 150.00' 150.00' S 81003119" W C5 00°30'06" 11,420.00' 100.00' 100.00' S 80°27'06" W (C5) (00°30'06") (11,420.00') (100.00') (100.00') (S 80026151" W) (C6) (04°00'540) (11,420.00') (800.27') (800.11') (S 78°11'20" W) (C7) (01031'25") (11,400.00') (303.14') (303.13') (S 81°27'36" W) I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. I) BEARING BASIS: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE 4203. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. TRAVIS HORN DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 PAGE 3 OF 3 INLAND CIVIL° ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD., ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 PLAT SHOW/NG A 0.294 ACRE, 12,827 SQUARE FOOT TRACT OF LAND (TRACT A), AND A 0.315 ACRE, 13,742 SQUARE FOOT TRACT OF LAND (TRACT B), OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS. INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 Chisholm Trail Road, Suite 103 Round Rock, Texas 78681 (512) 238-1200 Phone (512) 238-1251 Fax EXHIBIT A-2 DESCRIPTION OF A 2.092 ACRE (91,142 SQUARE FOOT) TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NUMBER 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 218.28 ACRE TRACT OF LAND (TRACT 1), DESCRIBED IN THAT WARRANTY DEED OF GIFT TO BEVERLY JOHNSON GORDON RECORDED IN DOCUMENT NO. 1998035986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNY, TEXAS. SAID 2.092 ACRE (91,142 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 1/2" iron rod with plastic cap in the southerly boundary line of that called 106.60 acre tract of land (Tract 3), conveyed to Beverly Johnson Gordon by instrument recorded in Document No. 1998035986 of the Official Records of Williamson County, Texas, being the northwest corner of said 218.28 acre tract and the northeast corner of that called 65.94 acre tract of land conveyed to Centex Homes by instrument recorded in Document No. 2002040233 of the Official Public Records of Williamson County, Texas; THENCE, with the common boundary line of said 106.60 acre tract and said 218.28 acre tract, N 87°40'58" E for a distance of 1214.76 feet to a calculated point, being the northwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, continuing with said common boundary line N 87°40'58" E for a distance of 34.84 feet to a calculated point, being the northeasterly corner of the herein described tract; THENCE, departing said common boundary line, through the interior of said 218.28 acre tract, the following four (4) courses: 2) S 28°14'12" W for a distance of 1424.53 feet to a calculated point at the beginning of a curve to the left; 3) Along said curve to the left, having a delta angle of 30°36' 13", a radius of 585.00 feet, an arc length of 312.47 feet, and a chord which bears S 12°56'03" W for a distance of 308.77 feet to a calculated point; 4) S 02°22'01" E for a distance of 533.87 feet to a calculated point at the beginning of a curve to the right; 5) Along said curve to the right, having a delta angle of 73°44'54", a radius of 615.00 feet, an arc length of 791.60 feet, and a chord which bears S 34°30'26" W for a distance of 738.07' feet to a calculated point in the common boundary line of said 218.28 acre tract and Lot 1, Block "A", Replat of Pioneer Crossing Commercial Tract according to the plat thereof recorded in Cabinet "Z", Slides 8-10 of the Plat Records of Williamson County, Texas, being the most southerly corner of the herein described tract, from which a found 1/2" iron rod in the existing northerly right-of-way line of U.S. Highway 79 (R.O.W. width varies), being the southwesterly corner of said 218.28 acre tract and the southeasterly corner of said Lot 1 bears, S 02°22'01" E, a distance of 3.25 feet; 6) THENCE, with the common boundary line of said 218.28 acre tract and said Lot 1, N 02°22'01" W for a distance of 31.32 feet to a calculated point at the beginning of a curve to the left, from which said Beginning for Reference point bears N 02°22'01" W, a distance of 2618.00 feet; THENCE, departing said common boundary line, through the interior of said 218.28 acre tract, the following four (4) courses: 7) Along said curve to the left, having a delta angle of 72°53'24", a radius of 585.00 feet, an arc length of 744.22 feet, and a chord which bears N 34°04'41" E for a distance of 695.04 feet to a calculated point; Page 1 of 4 510 0 75 8) N 02°22'01" W for a distance of 533.87 feet to a calculated point at the beginning of a curve to the right; 9) Along said curve to the right, having a delta angle of 30°36'13", a radius of 615.00 feet, an arc length of 328,49 feet, and a chord which bears N 12°56'05" E for a distance of 324.60 feet to a calculated point; 10) N 28°14'12" E for a distance of 1406.82 feet to the POINT OF BEGINNING, containing 2.092 acres (91,142 square feet) of land, more or less BEARING BASIS: All bearings are based on grid bearings. Distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone 4203. NOTE: This description is accompanied by a separate plat of this survey. Surveyed under the direction and supervision of the undersigned: Travis Horn Date: Registered Professional Land Surveyor No. 5705 Page 2 of 4 CO W 0 X w z W U 100 U 6) m N 0 cir 01- O N U 0• O CSI tri oa z 0 U O 0 N N 0i O) O O 0 s 100 PLAT TO ACCOMPANY DESCRIPTION BEVERLY JOHNSON GORDON (106.60 AC.) DOC. NO. 1998035986 TRACT 3 O.R.W.C.T. (N 89°08' E N 87°40'58" E N 87°40'58" E POINT OF BEGINNING 1350.21') 1348.82' 1214.76' BEVERLY JOHNSON GORDON (21828 AC.) DOC. NO. 1998035986 TRACT 1 O.R.W.C.T. 6 0 0 0 o ro r0 Lit O q_'7 200 SCALE I" = 200' SNOW LI 510075 BEVERLY JOHNSON GORDON (REMAINING PORTION OF 21.448 AC.) DOC. NO. 2000009000 0.P.R.W.C.T. NOTES: I) BEARING BASIS: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE 4203. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. LINE TABLE LI N 87°40'58" E 34.84' L2 N 87°40'58" E 99.22' L3 N 02°22'01" W 31.32' L4 S 02°22'01" E 3.25' CURVE DATA NO. DELTA RADIUS LENGTH CHORD CHORD BEARING CI 30°36'13" 585.00' 312.47' 308.77' S 12°56'03" W C2 73°44'54" 615.00' 791.60' 738.07' S 34°30'26" W C3 72°53'24" 585.00' 744.22' 695.04' N 34°04'41" E C4 30°36'13" 615.00' 328.49' 324.60' N 12°56'05" E =NM OEM PAGE 3 OF 4 INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD., ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (51 2) 238-1251 PLAT SHOWING A 2.092 ACRE, 91,142 SQUARE FOOT TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS. PLAT TO ACCOMPANY DESCRIPTION _ 10075 100 0 100 200 SCALE I" = 200' BEVERLY JOHNSON GORDON (218.28 AC.) DOC. NO. 1998035986 TRACT 1 O.R.W.C.T. CENTEX HOMES (65.94 AC.) DOC. NO. 2002040233 0.P.R.W.C.T. LOT I, BLOCK "A" REPLAT OF PIONEER CROSSING COMMERCIAL TRACT CAB. "2", SL. 8-10, P.R.W.C.T. LEGEND I/2" IRON ROD WITH PLASTIC CAP FOUND • 1/2" IRON ROD FOUND Q TXDOT TYPE Il MONUMENT FOUND 0 CALCULATED POINT () RECORD INFORMATION LINE BREAK O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS EXISTING R.O'W. IGIWAY 79 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVIS11 ✓------.� �' TRAVIS HORN DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 PAGE 4 OF 4 INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD., ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 PLAT SHOWING A 2.092 ACRE, 91,142 SQUARE FOOT TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS. INLAND CIVIL° ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 Chisholm Trail Road, Suite 103 Round Rock, Texas 78681 (512) 238-1200 Phone (512) 238-1251 Fax DESCRIPTION OF A 0.158 ACRE (6,900 SQUARE FOOT) TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NUMBER 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 106.60 ACRE TRACT OF LAND (TRACT 3), DESCRIBED IN THAT WARRANTY DEED OF GIFT TO BEVERLY JOHNSON GORDON RECORDED IN DOCUMENT NO. 1998035986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNY, TEXAS. SAID 0.158 ACRE (6,900 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 1/2" iron rod with plastic cap in the southerly boundary line of said 106.60 acre tract, being the northwest corner of that called 218.28 acre tract of land (Tract 1), conveyed to Beverly Johnson Gordon by instrument recorded in Document No. 1998035986 of the Official Records of Williamson County, Texas, and the northeast corner of that called 65.94 acre tract of land conveyed to Centex Homes by instrument recorded in Document No. 2002040233 of the Official Public Records of Williamson County, Texas; THENCE, with the common boundary line of said 106.60 acre tract and said 218.28 acre tract, N 87°40'58" E for a distance of 1214.76 feet to a calculated point, being the southwesterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing the northerly boundary line of said 218.28 acre tract, through the interior of said 106.60 acre tract, N 28°14'12" E for a distance of 264.34 feet to a calculated point in the westerly boundary line of the remaining portion of that called 21.448 acre tract of land conveyed to Beverly Johnson Gordon by instrument recorded in Document No. 2000009000 of the Official Public Records of Williamson County, Texas, being the most northerly corner of the herein described tract; 2) THENCE, with the common boundary line of said 106.60 acre tract and the remaining portion of said 21.448 acre tract, S 02°14'18" E for a distance of 59.15 feet to a calculated point; 3) THENCE, departing the westerly boundary line of the remaining portion of said 21.448 acre tract, through the interior of said 106.60 acre tract, S 28°14'12" W for a distance of 195.65 feet to a calculated point in the common boundary line of said 106.60 acre tract and said 218.28 acre tract, being the southeasterly corner of the herein described tract; 4) THENCE, with said common boundary line, S 87°40'58" W for a distance of 34.84 feet to the POINT OF BEGINNING, containing 0.158 acres (6,900 square feet) of land, more or less. BEARING BASIS: All bearings are based on grid bearings. Distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone 4203. NOTE: This description is accompanied by a separate plat of this survey. Surveyed under the direction and supervision of the undersigned: Travis Horn Registered Professional Land Surveyor No. 5705 Page 1 of 2 PLAT TO ACCOMPANY DESCRIPTION LINE TABLE LI S 02°14'18" E 59.15' L2 S 87°40'58" W 34.84' L3 N 87°40'58" E 99.22' SCALE I" = 100' LEGEND O O 1 O.R.W.C.T. I/2" IRON ROD WITH PLASTIC CAP FOUND CALCULATED POINT RECORD INFORMATION LINE BREAK OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS BEVERLY JOHNSON GORDON (106.60 AC.) DOC. N0. 1998035986 TRACT 3 O.R.W.C.T. POINT OF REFERENCE) N 87°40'58" E____±.1.14.761 N 87°40'58" E (N 89°08' E POINT OF BEGINNING 1348.82' 1350.21') NOTES: CENTEX HOMES (65.94 AC.) DOC. NO. 2002040233 0.P.R.W.C.T. BEVERLY JOHNSON GORDON (218.28 AC.) DOC. NO. 1998035986 TRACT 1 O.R.W.C.T. I) BEARING BASIS: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE 4203. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. TRAVIS HORN DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 PAGE 2 OF 2 INLAND CIVIL" ASSOCIATES i PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD., ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 PLAT SHOWING A 0.158 ACRE, 6,900 SQUARE FOOT TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS. INLAND CIVIL ASSOCIATES PROFESSIONAL LAND SURVEYORS 1504 Chisholm Trail Road, Suite 103 Round Rock, Texas 78681 (512) 238-1200 Phone (512) 238-1251 Fax EXHIBIT A-4 DESCRIPTION OF A 0.384 ACRE (16,711 SQUARE FOOT) TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NUMBER 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE REMAINING PORTION OF THAT CALLED 21.448 ACRE TRACT OF LAND DESCRIBED IN THAT CASH WARRANTY DEED TO BEVERLY JOHNSON GORDON RECORDED IN DOCUMENT NO. 2000009000 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNY, TEXAS. SAID 0.384 ACRE (16,711 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 1/2" iron rod with plastic cap in the westerly boundary line of that called 2.50 acre tract of land (Tract 1), conveyed to Chinmaya Mission Austin by instrument recorded in Document No. 2001046382 of the Official Public Records of Williamson County, Texas, being the northeasterly corner of that called 4.14 acre tract of land (Tract 2), conveyed to Chinmaya Mission Austin by said instrument recorded in Document No. 2001046382 of the Official Public Records of Williamson County, Texas, and an exterior ell corner in the southerly boundary line of that called 87.291 acre tract of land conveyed to Round Staff Partners, LP, by instrument recorded in Document No. 2005083809 of the Official Public Records of Williamson County, Texas; THENCE, departing the westerly boundary line of said 2.50 acre tract, with the common boundary line of said 4.14 acre tract and said 87.291 acre tract, N 71°20'23" W for a distance of 580.15 feet to a found 1/2" iron rod with plastic cap, being the northwest corner of said 4.14 acre tract and the northeast corner of the remaining portion of said 21.448 acre tract, same being the northeast corner and POINT OF BEGINNING of the herein described tract of land; 1) THENCE, departing the southerly boundary line of said 87.291 acre tract, with in part, the westerly boundary line of said 4.14 acre tract, S 28°14'12" W, passing at a distance of 175.49 feet a found 1/2" iron rod with plastic cap, being the most westerly corner of said 4.14 acre tract and an interior ell corner of the remaining portion of said 21.448 acre tract, and continuing through the interior of the remaining portion of said 21.448 acre tract for a total distance of 585.11 feet to a calculated point in the westerly boundary line of said 21.448 acre tract, same being the easterly boundary line of that called 106.60 acre tract of land (Tract 3), conveyed to Beverly Johnson Gordon by instrument recorded in Document No. 1998035986 of the Official Records of Williamson County, Texas, being the most southerly corner of the herein described tract; 2) THENCE, with the common boundary line of the remaining portion of said 21.448 acre tract and said 106.60 acre tract, N 02°14'18" W for a distance of 59.15 feet to a calculated point; 3) THENCE, departing the easterly boundary line of said 106.60 acre tract, through the interior of said 21.448 acre tract, N 28°14'12" E for a distance of 529.07 feet to a calculated point in the common boundary line of the remaining portion of said 21.448 acre tract and said 87.291 acre tract, being the northwesterly corner of the herein described tract; Page 1 of 3 4) THENCE, with said common boundary line, S 71°20'23" E for a distance of 30.42 feet to the POINT OF BEGINNING, containing 0.384 acres (16,711 square feet) of land, more or less. BEARING BASIS: All bearings are based on grid bearings. Distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone 4203. NOTE: This description is accompanied by a separate plat of this survey. Surveyed under the direction and supervision of the undersigned: l Travis Horn Date: Registered Professional Land Surveyor No. 5705 Page 2 of 3 PLAT TO ACCOMPANY DESCRIP 1"ION POINT OF BEGINNING ROUND STAFF PARTNERS, LP (87.291 AC.) DOC. NO. 2005083809 0.P.R.W.C.T. SCALE I" = 100' POINT OF REFERENCE CHINMAYA MISSION AUSTIN (4.14 AC.) DOC. NO. 2001046382 TRACT 2 0.P.R.W.C.T. z 0 0 ce 0 z 0 U) z 0 >- J ce w W BEVERLY JOHNSON GORDON (REMAINING PORTION OF 21.448 AC.) DOC. NO. 2000009000 0.P.R.W.C.T. LINE TABLE LI N 02°14'18" W 59.15' L2 S 71020123" E 30.42' LEGEND NOTES: @ 1/2" IRON ROD WITH PLASTIC CAP FOUND CALCULATED POINT RECORD INFORMATION LINE BREAK I) BEARING BASIS: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE 4203. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISIONY TRAVIS HORN f ° DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 PAGE 3 OF 3 INLAND CIVIL ASSOC IATES PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD., ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 F PLAT SHOWING A 0.384 ACRE, 16,711 SQUARE FOOT TRACT OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS. DATE: March 2, 2006 SUBJECT: City Council Meeting - March 9, 2006 ITEM: 8.A.1. Consider an ordinance determining the public necessity for the acquisition of a permanent tunnel wastewater line easement on a 2.092 -acre tract, a 0.158 -acre tract and a 0.384 -acre tract, and a 0.609 acre temporary staging and storage easement for the McNutt Creek Wastewater Interceptor, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Tunnel Easement -Beverly Johnson Gordon) (First Reading) Department: Legal Staff Person: Steve Sheets, City Attorney Justification: Authorization to initiate eminent domain proceedings to acquire the various acreage to complete the McNutt Creek Wastewater Interceptor Tunnel Easement. Funding: Cost: N/A Source of funds: Wastewater Construction Funds Outside Resources: Sheets & Crossfield, P.C. Background Information: N/A Public Comment: N/A