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G-06-07-13-13C2 - 7/13/2006Kiphen Road Project Parcel 3 4.2442 acres ORDINANCE NO. ' 0143 - 13e 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 4.244 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 (CR 113) 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 4.244 acres of land in Williamson County, Texas, from Northpark at Old Settlers, Ltd. (Parcel 3); said land more particularly described in Exhibit 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/O:/wdox/ORDINANC/060713C2.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 damages and compensation to be paid to owners of any interest in the Property, and to make official, written, agree on remaining 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. 22L` % READ, PASSED, and ADOPTED on first reading this /3 day 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. NYLD UAXWEN.L, Mayor PPO -TEM ALAN 111062Ak1 City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ City Secretary 4 PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 4.244 ACRE (184,856 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION 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, SAID 4.244 ACRE (184,856 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 8 BEGINNING FOR REFERENCE at a found capped 1/2" iron rod at an interior ell comer in the easterly boundary line of said 46.526 acre tract, 606.45 feet right of proposed Kiphen Road baseline station 26+44.99, being the southwesterly corner of that called 10.110 acre tract of land conveyed to Park Central Building Associates, L.P., by instrument recorded in Document No. 2001025909 of the Official Public Records of Williamson County, Texas; THENCE, with common boundary line of said 46.526 acre tract and said 10.110 acre tract, N 21°10'17" W for a distance of 671.62 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 (100 foot right-of- way width), 52.03 feet right of proposed Kiphen Road baseline station 57+47.60, being the southeasterly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, through the interior of said 46.526 acre tract, with said proposed south right-of-way line of Kiphen Road, the following three (3) courses: 1) Along a curve to the left, having a delta angle of 15°28'15", a radius of 944.45 feet, an arc length of 255.02 feet, and a chord which bears S 35°24'00" W for a distance of 254.24 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.R.C. station 54+78.54; 2) Along said curve to the right, having a delta angle of 63°40'22, a radius of 688.62 feet, an arc length of 765.26 feet, and a chord which bears S 59°29'42" W for a distance of 726.49 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left, 52.00 feet right of proposed Kiphen Road baseline P.R.C. station 20+35.31; PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 2of8 3) Along said curve to the left, having a delta angle of 14°20'21", a radius of 642.49 feet, an arc length of 160.79' feet, and a chord which bears S 84°09'42' W for a distance of 160.37 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the easterly boundary line 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, 52.00 feet, right of proposed Kiphen Road baseline station 18+61.50; THENCE, departing said proposed south right-of-way line of Kiphen Road, with the common boundary line of said 46.526 acre tract and said 11.301 acre tract, the following four (4) courses: 4) N 20°10'31" W for a distance of 2.88 feet to a found 1/2" iron rod at the beginning of a curve to the left, being an interior ell corner in the westerly boundary line of said 46.526 acre tract and the northeasterly corner of said 11.301 acre tract; 5) Along said curve to the left, 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 S 72°23'35" W for a distance of 99.58 feet to a calculated point; 6) S 67°57'01" W for a distance of 228.52 feet to a calculated point at the beginning of a curve to the right; 7) Along said curve to the right, 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 S 74°50'53" W for a distance of 178.44 feet to a calculated point 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, being the northwesterly corner of said 11.301 acre tract and the southwesterly corner of the herein described tract; 8) THENCE, with the common boundary line of said 46.526 acre tract and the remaining portion of said 275.214 acre tract, N 20°16'19" W for a distance of 99.58 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed curving north right-of-way line of Kiphen Road, 48.00 feet left of proposed Kiphen road baseline station 13+35.92, being the most westerly comer of the herein described tract; THENCE, departing said common boundary line, through the interior of said 46.526 acre tract, with in part, the proposed north right-of-way line of Kiphen Road, and in part, the proposed west right-of-way line of Kiphen Circle, the following five (5) courses: 9) Along a curve to the left, having a delta angle of 15°35'07", a radius of 646.49 feet, an arc length of 175.85 feet, and a chord which bears N 75°42'52" E for a distance of 175.31 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 48.00 feet left of proposed Kiphen Road baseline P.T. station 15+24.84; PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 3 of 8 10) N 67°55'19" E for a distance of 27.19 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 48.00 feet left of proposed Kiphen Road baseline station 15+52.03; 11) N 23°35'42" E for a distance of 52.66 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in said proposed west right-of-way line of Kiphen Circle (50 foot right-of-way width), 84.80 feet left of proposed Kiphen Road baseline station 15+89.70; 12) N 20°43'56' W for a distance of 121.75 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, 25.00 feet left of proposed Kiphen Circle baseline station P.C.12+05.98, same being 206.51 feet right of proposed Kiphen Road baseline station 15+92.56; 13) Along said curve to the right, having a delta angle of 33°37'10", a radius of 115.00 feet, an arc length of 67.48 feet, and a chord which bears N 03°55'20" W for a distance of 66.51 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the northerly boundary line of said 46.526 acre tract, same being the existing south right-of-way line of Kiphen Road (right-of-way width varies), 25.00 feet left of proposed Kiphen Circle baseline station 12+58.86, same being 268.11 feet left of proposed Kiphen Road baseline station 16+13.96; 14) THENCE, departing the west right-of-way line of Kiphen Circle, with the northerly boundary line of said 46.526 acre tract and said existing south right-of-way line of Kiphen Road, N 68°58'17" E for a distance of 85.06 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left in the proposed west right-of-way line of Kiphen Circle, 25.00 feet right of Proposed Kiphen Circle baseline station 13+32.47, same being 268.16 feet left of proposed Kiphen Road baseline station 16+98.33; THENCE, departing said existing south right-of-way line of Kiphen Road, through the interior of said 46.526 acre tract, with in part, the proposed east right-of-way line of Kiphen Circle, and in part, the proposed north right-of-way line of Kiphen Road, the following nine (9) courses: 15) Along said curve to the left, having a delta angle of 80°31'24", a radius of 65.00 feet, an arc length of 91.35 feet, and a chord which bears 5 19°31'46" W for a distance of 84.02 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 25.00 feet right of proposed Kiphen Circle baseline P.C. station 12+05.98, same being 205.34 feet left of proposed Kiphen Road baseline station 16+24.54; 16) S 20°43'56" E for a distance of 119.98 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed north right-of-way line of Kiphen Road, 85.39 feet left of proposed Kiphen road baseline station 16+39.72; PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 4 of 8 17) S 67°04'41" E for a distance of 52.88 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 48.00 feet left of proposed Kiphen Road baseline station 16+77.12; 18) N 67°55'19" E for a distance of 74.44 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, 48.00 feet left of proposed Kiphen Road baseline P.C. station 17+51.56; 19) Along said curve to the right, having a delta angle of 23°24'34", a radius of 742.49 feet, an arc length of 303.36 feet, and a chord which bears N 79°37'36" E for a distance of 301.26 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left, 48.00 feet left of proposed Kiphen Road baseline P.R.C. station 20+35.31; 20) Along said curve to the left, having a delta angle of 63°40'22", a radius of 588.62 feet, an arc length of 654.13 feet, and a chord which bears N 59°29'42" E for a distance of 620.99 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, 48.00 feet left of proposed Kiphen Road baseline P.R.C. station 54+78.54; 21) Along said curve to the right, having a delta angle of 06°51'24", a radius of 1044.45 feet, an arc length of 124.99 feet, and a chord which bears N 31°05'12" E for a distance of 124.91 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left, 48.00 feet left of proposed Kiphen Road baseline station 55+97.79; 22) Along said curve to the left, having a delta angle of 143°27'56", a radius of 42.50 feet, an arc length of 106.42 feet, and a chord which bears N 37°13'04" W for a distance of 80.72 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 124.93 feet left of proposed Kiphen Road baseline station 56+20.27; 23) N 21°11'09" W for a distance of 4.16 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the northerly boundary line of said 46.526 acre tract, same being said existing south right-of-way line of Kiphen Road and the proposed south right-of-way line of Kiphen Circle, 128.43 feet left of proposed Kiphen road baseline station 56+22.28; 24) THENCE, departing said proposed north right-of-way line of Kiphen Road, with said northerly boundary line of said 46.526 acre tract and said existing south right-of-way line of Kiphen Road, N 68°50'13" E for a distance of 201.55 feet to a calculated point, being the northeasterly corner of said 46.526 acre tract and the northwesterly comer of said 10.110 acre tract, and being the northeasterly corner of the herein described tract; PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page5of8 25) THENCE, departing said existing south right-of-way line of Kiphen Road, with the common boundary line of said 46.526 acre tract and said 10.110 acre tract, S 21°10'17" E for a distance of 93.38 feet to the POINT OF BEGINNING, containing 4.244 acres (184,856 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. M. Stephen ruesdale 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 3 /1/10 Os- Date lu 0 O O O EXISTING R.O.W. w z u J PROPOSED KIPEN C PT 13+47.36 EXISTING R.O.W. RICHARD PREECE & o GENEVA A. PREECE (0. 2000038586 DOC # 10.P.R.W.GT — EXISTING R.O.W MATCH UNE SHEET 7 U 0 Lu j 0 W 4 Ci 0 Ci sk<03N� `tL _401 O r W (3 r-79.7, 0 na +O cerin 1- , -4 U Z • 1 cr 41 03 ri W a a ti "I NN in Widen (n (5 a3 ID Mo X0(3 n �anoN Oto �h3 N Uo0 OIN OcE c,1 ( .}o F-1oNo: ,- ¢oo Q .6� ,-N Nti xti O W /y £ +0Qci� U •i (� 01 �rozz 4 Q . 0 r''' (n in +0 n woo 0. Q~ ^ �ooa0. O n� z WI Z +0 n - no nv1 0 �j N S20'43'5C;"E �� 11998 Z_ -------_____aj PROPOSED KIPHEN CIRCLE a (50' R.o;W. WOTH) 17+51. (// N O CO N C1 1'- to Le) 000 CsiIn Ot N 0 0 W 0 O 0 z W o' N 1n z w N M M z • 0 IDD rn W 0) ip N m w J J t7 J �V S 2010'31" Yy E 1054.54 Et; Cr WO � ti n n CJ 0 c1n m. Ao 2043'56" W 121.75' ^j 202.73' N 2016'19" W APPROXIMATE ORIGINAL SURVEY UNE P og ceko 002 GEORGE u) GE CRGE W. GLASSC ABSTRACT _ '0_ Hg teT CIC SURVEY, 28' S20'76'19"EA 351.68' o Ci 0 m� Okasr� ti Imo. ce NN Z41 1'^tl'.3Cj c^7� OPO An `IZ N`CQV..< 3 00 h O ort... 00.cs Z e 1 ;,co, c��n oao D l 1 —I V) w 0< U Z0 Z S 2110'17" E Q3.38' '0 M •d VO 606SZ0100Z # 000 ("Dv 011'01) d'7 'S31 VI3OSSV 9N1071n9 1V211N30 xddd N 2110'17" W W � n i in a w.o3 N rV III S _n-. • '- ao+r -KZ L+OZ Id 3d 8 0 z 3d ED KPEN CIRCLE BA 0 a 0 F 0 N 68'50'13 0 a$ VIT 7 c, x•1 cr Lo(I, 0 ONO 1-- • NcLko. • 1:1_ 0 ti Q S 13'42'33- E 312.71' 671.62' 0 z U) 0 z 0 0 0 ave 0 T N 2 to a V7 0 MATCH UNE SHEET 6 PAGE 7 OF Y X U W H H W O o Od0a < r ( 0 I § © / § z/ $ < z1,1 § § § zzz 0z§\ee R.§kce/ z �_ t 88c $}01,_-18 z0zzjSk�E§$gz2zm a 0�eeee=¥Z a_EEq« Z o--�\c,frohhk7�7) 0 uu-=��0/W±§®®O�wu® Lii$$��/#3Ew§ou._iz _J ee.-.-oe0EixQcLo = 2 e-Na+w ■J•Q q@& dad d a: a: � R k a a_ -CHORD DIRECTION S 35'24'00" W S 59'29'42" w S 84'09'42" W S 72'23'35" W S 74'50'53" W N 75'42'52" E N 03'55'20" W S 19'31'46" W (\ §k Z N 31'05'12" E N 3713'04" W CHORD LENGTH 254.24' 726.49' 21 °31 ‘1:1 Oi__ 178.44' 175.31' 301.26' 620.99' IsJ \� IARC LENGTH 255.02' 765.26' N.OD _° Q� 178.88' 175.85' MIWZnall 91.35' 303.36' 654.13' t IN NI- §to §kt)�KK»�w� o.5wdeOD- ƒ.-v�ec$#2§§°~ r,q.. §4 e4.5 gin - or )/$$)§k2)}\ 20 r. --ww*e__ co - _ DELTA ANGLE Q&1-)w§222r \'- ■A\})�t@RRwii/ §=elkQ2m-0-s ,- CC E 2000#0BBCGQec 2_� 6 k CL ,11 v) LU w U < O U 2D Z< 1,1 > 0 t d - 0 , < eg' M w_,§ CeCD DATE: July 6, 2006 SUBJECT: City Council Meeting - July 13, 2006 ITEM: 13.C.2. 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 Northpark at Old Settlers (Parcel 3). (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