G-06-07-13-13C1 - 7/13/2006Kiphen Road Project
Parcel 2
0.032 acres
ORDINANCE NO. g- 010-01-13-13C1
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 0.032
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE KIPHEN ROAD (CR 113) 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 Kiphen Road 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 0.032 acres of land in
Williamson County, Texas, from GCLC,Ltd. (Parcel 2); 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ROUND
ROCK, TEXAS.
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/060713C1.WPD/dc
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
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 13day
of , 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.
Mayor Ps WTTm FUAAJ n1C6EAW
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ
City Secretary
4
PARCEL: 2
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
"A"
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.032 ACRE (1,384 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT CALLED 11.301 ACRE
TRACT OF LAND (TRACT I), CONVEYED TO GCLC, LTD., BY
INSTRUMENT RECORDED IN DOCUMENT NO. 2001032406 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.032 ACRE (1,384 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Page 1 of 5
BEGINNING FOR REFERENCE at a found 1/2" iron rod at an interior ell corner in the easterly
boundary line of the remaining portion of that called 275.214 acre tract of land (Tract 4),
conveyed to Camco Land, Ltd., by instrument recorded in Volume 2491, Page 303 of the Official
Records of Williamson County, Texas same being the northwesterly corner of that called 2.411
acre tract of land conveyed to Texas Power and Light Company by instrument recorded in
Volume 1389, Page 309 of the Official Records of Williamson County, Texas, 418.26 feet right
of proposed Kiphen Road baseline station 12+41.93;
THENCE, with common boundary line of the remaining portion of said 275.214 acre tract and
said 2.411 acre tract, N 80°12'07" E, passing at a distance of 257.88 feet, a found 1/2" iron rod,
and continuing for a total distance of 258.75 feet to a calculated point in the westerly boundary
line of said 11.301 acre tract, being an exterior ell corner in the easterly boundary line of the
remaining portion of said 275.214 acre tract and the northeasterly corner of said 11.301 acre
tract;
THENCE, departing the northerly boundary line of said 2.411 acre tract, with the common
boundary line of the remaining portion of said 275.214 acre tract and said 11.301 acre tract,
N 20°16'19" W for a distance of 351.68 feet to a set 1/2" iron rod with a City of Round Rock
aluminum cap in the proposed curving south right-of-way line of Kiphen Road, 52.00 feet right of
proposed Kiphen Road baseline station 13+58.65, being the southwesterly corner and POINT
OF BEGINNING of the herein described tract;
PARCEL: 2
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 5
1) THENCE, departing the proposed south right-of-way line of Kiphen Road,
continuing with the common boundary line of the remaining portion of said
275.214 acre tract and said 11.301 acre tract, N 20°16'19" W for a distance of
2.97 feet to a calculated point at the beginning of a curve to the left, being the
northwesterly corner of said 11.301 acre tract and an exterior ell corner in the
westerly boundary line of that called 46.526 acre tract of land conveyed to
Northpark at Old Settlers, Ltd. By instrument recorded in Document No.
2004068735 of the Official Public Records of Williamson County, Texas, and
being the northwesterly comer of the herein described tract, from which a found
capped iron rod bears S 81'46'40" W, a distance of 0.61 feet;
THENCE, departing the easterly boundary line of the remaining portion of said 275.214 acre
tract, with the northerly boundary line of said 11.301 acre tract, same being a westerly boundary
line of said 46.526 acre tract, the following three (3) courses:
2) Along said curve to the left, having a delta angle of 13°48'45, a radius of 742.00
feet, an arc length of 178.88 feet, and a chord which bears N 74°50'53" E for a
distance of 178.44 feet to a calculated point;
3) N 67°57'01" E for a distance of 228.52 feet to a calculated point at the beginning
of a curve to the right;
4) Along said curve to the right, having a delta angle of 08°53'45', a radius of
642.00 feet, an arc length of 99.68 feet, and a chord which bears N 72°23'35" E
for a distance of 99.58 feet to a found 1/2" iron rod, being the northeasterly
corner of said 11.301 acre tract and an interior ell corner in the westerly
boundary line of said 46.526 acre tract, and being the northeasterly corner of the
herein described tract;
5) THENCE, with the common boundary line of said 11.301 acre tract and said
46.526 acre tract, S 20°10'31" E for a distance of 2.88 feet to a set 1/2" iron rod
with a City of Round Rock aluminum cap in the proposed curving south right-of-
way line of proposed Kiphen Road, 52.00 feet right of proposed Kiphen Road
baseline station 18+61.50, being the southeasterly corner of the herein described
tract;
THENCE, departing said common boundary line, through the interior of said 11.301 acre tract,
with said proposed south right-of-way line of Kiphen Road, the following three (3) courses:
6) Along a curve to the left, having a delta angle of 09°04'13", a radius of 642.49
feet, an arc length of 101.71 feet, and a chord which bears S 72°27'25" W for a
distance of 101.60 feet to a set 1/2" iron rod with a City of Round Rock aluminum
cap, 52.00 feet right of proposed Kiphen Road baseline P.C. station 17+51.56;
PARCEL: 2
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 3 of 5
7) S 67°55'19" W for a distance of 226.72 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap at the beginning of a curve to the right, 52.00 feet
right of proposed Kiphen Road baseline P.T. station 15+24.84;
8) Along said curve to the right, having a delta angle of 13°42'37", a radius of
746.49 feet, an arc length of 178.63 feet, and a chord which bears
S 74°46'37" W for a distance of 178.20 feet to the POINT OF BEGINNING,
containing 0.032 acres (1,384 square feet), of land, more or Tess.
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 I, 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.
Stephd'n Ti'uesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Associates, L.L.C.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
KIPHEN ROAD — PARCEL 2
/VW 0�
Date
LEGEND
■ TYPE I CONCRETE MONUMENT FOUND
O TYPE II MONUMENT SET
• 1/2 " IRON ROD FOUND
O 1/2 " IRON ROD SET W/
CITY OF ROUND ROCK ALUMINUM CAP
• CALCULATED POINT
CENTER LINE
Q PROPERTY LINE
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
WALLIN FAMILY INVESTMENTS, L.P.
(141.591 AC.)
DOC. # 200.3057844
0.P.R.W.C.T.
LINE BREAK
� o
I
o
02
cl
Z
m
PR0P0
0 R. w.
SEE DETAIL
C2
POB
PARCEL 2
13+58.65
52.00' RT
c1
EXISTING R.O.W
0 50 100
1"=100'
PROPOSED R.O.W.
EXISTING C.R. 113 —
KIPHEN ROAD —°
(PRESCRIPTIVE R.o.W. WIDTH VARIES)
PC 124
PROPOSED KI PEN CIRCLE BASELINE
EXISTING R.O.W.
TEMPORARY ACCESS EASEMENT
DOC. NO. 2004068735, 0.P.R.W.C.T.
DOC. NO. 2001032406, TRACT it
0.P.R.W.C.T.
NORTHPARK AT OLD SETTLERS, LTD.
(46.526 AC.)
DOC. # 2004068735
0.P.R.W.C.T.
15+0028
PROPOSED
kIP
f1oD• NeN ROAD
R. O. W1071-0
C4
S 67'55'19" W 226.72' I C3
w
m
CAMCO LAND, LTD.-
REMAINDER OF LTD.;,.—
(275.214 AC.)
TRACT 4
VOL. 2491, PG. 303
O.R.W.C.T.
Ln•
3/8• IRF N80.12'07.co
E
N 80.07.00.87'
25788 Y
258.7
PARCEL 2 5'
12+41.93
418.26' RT
0.032 AC.15+24.84
52.00' RT
1,384 SQ, FT.
PARCEL 2
13+58.65
52.00' RT
TEXAS POWER AND
LIGHT COMPANY
(2.411 AC.)
VOL. 1389, PG. 309
O.R. W. C. T.
DETAIL "A"
GCLC, LTD.
(11.301 AC.)
TRACT I
DOC. # 2001032406
0.P. R. W. C. T.
INLAND CIVIL U
IVASSOCIATES
PROFESSIONAL LAND SURVEYORS
yr 1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PH. (Si 21238-1200, FAX (512) 238-1251
17+51.56
52.00' RT
L2
18+61.50
52.00' RT
0
O
0
PAGE 4 OF 5
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 2
NUMBER
DELTA ANGLE
RADIUS
TANGENT
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
C1
13'42'37"
746.49'
89.74'
178.63
178.20'
S 74'46'37" W
C2
13'48'45"
742.00'
89.87'
178.88'
178.44'
N 74'50'53" E
C3
09'04'13"
642.49'
50.96'
101.71'
101.60'
S 72'27'25" W
C4
08'53'45"
642.00'
49.94'
99.68'
99.58'
N 72'23'35" E
NUMBER
DIRECTION
DISTANCE
L1
N 20'16'19" W
2.97'
L2
S 2010'31" E
2,88'
NOTES:
ALL COOORBEARINGS DINATES ARE SURFAEDCE VALUES VAN LUES BASEID D ONS. DTHETEEXXASARE STATERPLANEDCOORDINATE SYSTEM,
NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING
TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
CERTIFY THAT
SUPERVISION AND THAT THIS SURVEY
15 TRUE AND CORRECT TO ON THE OUND UNDER MY THE BEST OF MYKNOWLEDGAND
EAND BELIEF.
fiktut
M. STEPHEN TRU DALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND CIVIL U
VP -I
PROFESSIONAL LAND SURVEYORS
ir 1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
ASSOCIATES
J
//V
12 b5-.
OF ,
M. STEPHEN TRUESDALE .
,933�Yr
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1 V
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 2
DATE: July 6, 2006
SUBJECT: City Council Meeting - July 13, 2006
ITEM: 13.C.1. Consider an ordinance determining the public necessity for the
acquisition of certain property interests for the proposed Kiphen
Road (CR 113) improvement project, and if necessary, authorizing
the City Attorney to initiate eminent domain proceedings to acquire
this needed property from GCLC, Ltd. (Parcel 2). (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Don Childs
Justification:
This ordinance will allow for the City Attorney to initiate eminent domain proceedings to
acquire the necessary property interests so that the Kiphen Road (CR 113) improvement
project can be constructed. The construction of this project will accommodate increase
mobility in the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A