G-06-07-13-13C3 - 7/13/2006Kiphen Road Project
Parcels 4 and 4E
0.287 & 0.193 acres
ORDINANCE NO. g"Ob-0743- /3C3
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 0.287
ACRES AND A DRAINAGE EASEMENT INTEREST OF
APPROXIMATELY 0.193 ACRES; GIVING NOTICE OF OFFICIAL
DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT
AND MAINTAIN IMPROVEMENTS FOR THE KIPHEN ROAD (CR113)
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 0.287 acres of land and a
drainage easement interest approximately 0.193 acres of land in
Williamson County, Texas, from Park Central Building Associates,
L.P. (Parcels 4 and 4E); said land more particularly described in
Exhibits "A" and "B" 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.
@PFDesktop\:: ODMA/WORLDOX/O:/wdox/ORDINANC/060713C3. WPD/dc
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, 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.
th
READ, PASSED, and ADOPTED on first reading this �� 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.
UngE MAX LL, Mayor PRD-7Ei'i ALAN /YIC&QAC
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ
City Secretary
4
PARCEL: 4
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
.0
.0
'IA"
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.287 ACRE (12,482 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION 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, SAID 0.287
ACRE (12,482 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Page 1 of 4
BEGINNING FOR REFERENCE at a found capped 1/2" iron rod at an interior ell corner in the
easterly 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, 606.45 feet right of proposed Kiphen Road baseline
station 26+44.99, being the southwesterly corner of said 10.110 acre tract;
THENCE, with common boundary line of said 10.110 acre tract and said 46.526 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, 52.03 feet right of
proposed Kiphen Road baseline station 57+47.60, being the most southerly comer and POINT
OF BEGINNING of the herein described tract;
1) THENCE, departing said proposed south right-of-way line of Kiphen Road,
continuing with said common boundary line, N 21°10'17" W for a distance of
93.38 feet to a calculated point in the existing south right-of-way line of Kiphen
Road, being the northeasterly corner of said 46.526 acre tract and the
northwesterly corner of said 10.110 acre tract, and being the most westerly
corner of the herein described tract;
2) THENCE, with the northerly boundary line of said 10.110 acre tract, same being
said existing south right-of-way Zine of Kiphen Road, N 68°49"43" E for a
distance of 409.31 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, 52.06 feet right of proposed Kiphen
Road baseline P.T. station 61+94.29, being the most easterly corner of the
herein described tract;
PARCEL: 4
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 4
3) THENCE, along said curve to the left, having a delta angle of 25°41'00", a radius
of 944.45 feet, an arc length of 423.36 feet, and a chord which bears
S 55°58'37" W for a distance of 419.82 feet to the POINT OF BEGINNING,
containing 0.287 acres (12,482 square feet), of land, more or less.
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 11-uesdale v
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 4
/1/(//2//
Date
LEGEND
■ TYPE I CONCRETE MONUMENT FOUND
O TYPE 11 MONUMENT FOUND
• 1/2 " IRON ROD FOUND
O 1/2 " IRON ROD SET W/
CITY OF ROUND ROCK ALUMINUM CAP
A CALCULATED POINT
CENTER LINE
le 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
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
LINE BREAK 1-f
EXISTING R.O.W.
A•�
EXISTING R.O.W.
sig itto-cx.\
6.04:6
cP
NORTHPARK AT OLD SETTLERS,
(46.526 AC.)
DOC. NO. 2004068735
O. P. R. W.C. T.
WILLIS DONAHO SURVEY,
ABSTRACT NO. 173
s
50 0 100
SCALE 1" = 100'
EXISTING R.O.W.
EXISTING C.R. 113 — KIPHEN ROAD
(PRESCRIPTIVE R.O.W. VADTH VARIES)
0+0° fir.
409.31
N 68'49'43" E
PARCEL 4
57+47.60
52.03' RT
PARCEL 4
26+44.99
606.45' RT
0.287 AC.
12,482 SQ. ET.
PARK CENTRAL BUILDING ASSOCIATES, L.P.
(10.110 AC.)
DOC. # 2001025909
0.P. R. W. C. T.
CITY OF ROUND ROCK, TEXAS
(1.018 AC.)
TRACT 1
DOC. NO. 2001044952
---
754.12'
61+94.20
52.06' RT
0'
INLAND CIVIL"
Td! ASSOCIATES
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
P11. (512) 238-1200, FAX (512) 230-1251
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 4
PAGE 3 OF 4
J
NUMBER
DELTA ANGLE
RADIUS
TANGENT
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
C1
25'41'00"
944.45'
215.30'
423.36'
419.82'
S 55'58'37" W
NOTES:
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, 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.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
M. STEPHEN TRU DALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
PAGE 4 OF 4
a INLAND CIVIL u
VJ
PROFESSIONAL LAND SURVEYORS
' 1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK. TX. 78681
PH.(5121238-1200, FM (512) 238-1 Z51
ASSOCIATES
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 4
PARCEL: 4-E
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
"B"
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.193 ACRE (8,400 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION 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, SAID 0.193
ACRE (8,400 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Page 1 of 3
BEGINNING FOR REFERENCE at a found 1/2" iron rod with plastic cap, 606.45 feet right of
proposed Kiphen Road baseline station 26+44.99, being the southwesterly comer of said
10.110 acre tract and an interior ell corner in the easterly 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 Travis County, Texas;
THENCE, with the common boundary line of said 10.110 acre tract and said 46.526 acre tract,
N 21°10'17" W for a distance of 765.00 feet to a calculated point in the existing southerly right-
of-way line of Kiphen Road (right-of-way width varies), being the northwesterly comer of said
10.110 acre tract and the northeasterly corner of said 46.526 acre tract;
THENCE, with the northerly boundary line of said 10.110 acre tract, same being said existing
southerly right-of-way line of Kiphen Road, N 68°49'43" E for a distance of 480.02 feet to a set
1/2" iron rod with a City of Round Rock aluminum cap, 52.08 feet right of proposed Kiphen Road
baseline station 62+65.00, being the northwesterly corner and POINT OF BEGINNING of the
herein described tract;
1) THENCE, continuing with the northerly boundary line of said 10.110 acre tract
and said existing southerly right-of-way line of Kiphen Road, N 68°49'43' E for a
distance of 70.00 feet to a set 1/2" iron rod with a City of Round Rock aluminum
cap, 52.10 feet right of proposed Kiphen Road baseline station 63+35.00, being
the northeasterly corner of the herein described tract;
THENCE, departing said existing southerly right-of-way line of Kiphen Road, through the interior
of said 10.110 acre tract, the following three (3) courses:
2) S 21°11'09" E for a distance of 120.00 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap, being the southeasterly comer of the herein
described tract;
PARCEL: 4-E
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2of3
3) S 68°49'43" W for a distance of 70.00 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap, being the southwesterly corner of the herein
described tract;
4) N 21°11'09" W for a distance of 120.00 feet to the POINT OF BEGINNING,
containing 0.193 acres (8,400 square feet), of land, more or less.
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 Ifruesdale i
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 4-E
/3,� 2A (
Date
•
Jl'p
%.. , 49:i', . r
O
( )
P.D.B.
P.O.R.
O.P.R.W.C.T.
O.R.W.C.T.
P.R.WW..CC.._T_..
r
LEGEND
1/2" IRON ROD WITH PLASTIC CAP FOUND
1/2 " IRON ROD SET W/
CITY OF ROUND ROCK ALUMINUM CAP
CALCULATED POINT
PROPERTY LINE
RECORD INFORMATION
POINT OF BEGINNING
POINT OF REFERENCE
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
LINE BREAK
WALLIN FAMILY INVESTMENTS,
(REMAINDER OF 141.591 AC.)
DOC. NO. 2003057844
0.P. R. W.C.T.
ORA!?JA GE EASEMENT
(0.080 AC.)
DOC. NO 2004052037
0.P.R.W.C.7.
o11•
G a -
L. _- • \
1
\ a
NEN Rp P
qUP J paw /Op0
�x�sa` iw\o 041.1 a o A9 A'
pa✓
150 00 6�O 9 A
N
0
60,0
GvRG\-S
Q
D KSSN �
0p0° w w\o N
GaPW - 1PQ'
*x\<<
,, 4.0
919
P.O.B.
PARCEL 4-E
STA 62.65.00
52.08' RT
N 6S 0-\51\NG
0
STA 63+35.00
52.10' RT
N
0.193 AC.
6.400 SQ. FT.
w
PARK CENTRAL BUILDING ASSOCIATES. L.P.
(10.110 AC.)
DOC. NO. 2001025909
O.P.R. W. C. T.
:D ..i t' i �3 3...1 0 L. Y' is
TPA CT
{
S
65,
0
E
19
25 0 50 100 1
SCALE I" = 100' 1
1
1
1
NOTES:
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, 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.
-.4444
r -
P.O.R.
PARCEL 4-E
STA 26+44.99
606.45' RT
..4444
NORTHPARK AT OLD SETTLERS. LTD.
(46.526 AC.)
DOC. NO. 2004068735
O.P.R. W.C. T.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
�/7 �^ / ;.. /
r
I./ ..-:// , f Al/i ' v2i'/L4..z GSL&�& ✓�/^ %6
M. STEPHEN TRUL DALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
a INLAND CIVIL"
V_.,
J
PROFESSIONAL LAND SURVEYORS
V 1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX(512)238-1251
ASSOCIATES
_ -
,4444
•.?
t r —1 44. JUa 'S
M "Er 14C -is
• Arm•
EASEMENT SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 4-E
DATE: July 6, 2006
SUBJECT: City Council Meeting - July 13, 2006
ITEM: 13.C.3. 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 Park Central Building Associates, L.P.
(Parcel 4 and 4E). (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