G-06-08-24-13E1 - 8/24/2006ORDINANCE NO. C7- 040- D8'4:24- `3E1
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF A DRAINAGE EASEMENT OF
APPROXIMATELY 0.078 ACRES AND A TEMPORARY
CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.138
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 a drainage easement of approximately 0.078 acres of land
and a temporary construction easement interest in approximately
0.138 acres of land in Williamson County, Texas, from Lucy
Guerrero; said land more particularly described in and shown on
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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY 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.
READ, PASSED, and ADOPTED on first reading this O(`7' day
of , 2006.
4
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:
CHRISTINE R. MARTINEZ
City Secretary
WELL, Mayor
Ci y of Round Rock, Texas
4
PARCEL: 12-E
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT i"-\
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.078 ACRE (3,400 SQUARE FOOT), TRACT OF
LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO.
173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
REMAINDER OF THAT CALLED 5.436 ACRE TRACT OF LAND
CONVEYED TO LUCY GUERRORO BY INSTRUMENT RECORDED IN
DOCUMENT NO. 2002022174 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 0.078 ACRE (3,400
SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Page 1 of 4
BEGINNING FOR REFERENCE at a foundl/2" iron rod with plastic cap in the existing north right-of-way
line of Kiphen Road (100 foot right-of-way width), 48.00 feet left of proposed Kiphen Road baseline
station 97+68.97, being the southwesterly corner of the remainder of said 5.436 acre tract and the
southeasterly comer of the remaining portion of that called 77.757 acre tract of land conveyed to
Continental Homes of Texas, L.P., by instrument recorded in Document No. 2002025858 of the Official
Public Records of Williamson County, Texas, same being the northeast corner of the proposed Arterial A
(100 foot right-of-way width), and said existing Kiphen Road;
THENCE, with the southerly boundary line of the remainder of said 5.436 acre tract, same being said
existing north right-of-way line of Kiphen Road, N 88°30'09" E for a distance of 184.78 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
99+53.76, being the southwest corner and POINT OF BEGINNING of the herein described tract;
THENCE, continuing with the southerly boundary line of said Lot 7 and said existing north right-of-way
line of Kiphen Road, S 64°15'50" E for a distance of 47.24 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 108+50.03, being the
southwest corner and POINT OF BEGINNING of the herein described tract;
THENCE, departing said existing north right-of-way line of Kiphen Road, through the interior of the
remainder of said 5.436 acre tract, the following two (2) courses:
1) N 01°41'25" W for a distance of 85.00 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap, being the northwest corner of the herein described tract;
2) N 88°30'09' E for a distance of 40.00 feet to a set 1/2" iron rod with a City of Round Rock
aluminum cap in the easterly boundary line of the remainder of said 5.436 acre tract,
same being the existing west right-of-way line of Rockin J Road (50 foot right-of-way
width), as dedicated to public by instrument recorded in Volume 1473, Page 113 of the
Official Records of Williamson County, Texas, being the northeast corner of the herein
described tract;
PARCEL: 12-E
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 4
3) THENCE, with the easterly boundary line of the remainder of said 5.436 acre tract and
said existing westerly right-of-way line of Rockin J Road, S 01°41'25" E for a distance of
85.00 feet to a found 1/2" iron rod with plastic cap in said existing north right-of-way line
of Kiphen Road, 48.00 feet left of proposed Kiphen Road baseline station 99+93.76,
being the southeast corner of the remainder of said 5.436 acre tract and the southeast
corner of the herein described tract;
4) THENCE, with the southerly boundary line of the remainder of said 5.436 acre tract,
same being said existing north right-of-way line of Kiphen Road, S 88°30'09" W for a
distance of 40.00 feet to the POINT OF BEGINNING, containing 0.078 acres (3,400
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. Stefihen Truesdale
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 12-E
79-7////72-A: l 6
Date
Fd. E7-Er,!T �;7 -
" RtlE;..:1��
A40e.- e.
8 U !�
LOT 12
LOT 11
0
O
0
Q
h'.
P.O.B.
P.O.R.
0.P.R.W.C.T.
O.R.W_C.T.
P.R.W.C_T_
LEGEND
IRON PIPE FOUND
1/2" IRON ROD WITH PLASTIC CAP FOUND
I/2 " IRON ROD FOUND
1/2 " IRON ROD SET W/
CITY OF ROUND ROCK ALUMINUM CAP
CALCULATED POINT
CENTER LINE
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
EXISTING R.O.W.
P.O.R.
PARCEL 12-E
97.66.97
46.00' LT
PROPOSED KIPHEN ROAD BASELINE
EXISTING KIPHEN ROAD
poo' R.O.W. WIDTH)
LUCY GUERRERO
(REMAINDER OF 5.436 AC.)
DOC. # 2002022/74
0.P.R.W.C.T.
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
(0.138 AC. - 5,999 SQ. FT.)
12-E
0.078 AC.
3,400 SQ. FT.
N 88°30'09" E
156.02'
L7
N 88°30'09" E
184.78'
(L9)
L4
N
S
25 0 50 100
SCALE I" =100'
THE PARR/SH GANG, LTD.
(5.0 AC.)
DOC. / /99968491
0.P.R.W.C.T.
99.93.76
100+00 48.00' LT
P.O.B.
PARCEL 12-E
99.53.76
48.00' LT
EXISTING
R.0.W
EXISTING R.O.W.
0
m
CHAMPION-MEIER ASSETS, LTD.
(75.876 AC.)
DOC. # 2001016)61
0.P.R.W.C.T.
PAGE 3 OF 4
a INLAND CIVIL U
fti ASSOCIATES
-4
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PH. (5121238-1200, FAX (572) 238-1251
EASEMENT SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL I2 -E
EXHIBIT "B"
r
NUMBER
DIRECTION
DISTANCE
LI
N O1°41'25' W
85.00'
L2
N B8°30'09" E
40.00'
L3
S 01°41'25" E
85.00'
L4
S 88°30'09' W
40.00'
L5
S 88°30'09" W
28.76'
L6
N 0I°29'51" W
50.00'
L7
N 88°28'12" E
9.91'
L8
S 01°41'25" E
116.99'
(L9)
(S 88°56'13" W)
(224.93')
(LI0)
IS 01°07'36" W)
(991.29')
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 100012.
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 ANO
SUPERVISION ANO THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF_
d V
M. STEPHEN TRUES ALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
6 INLAND CIVIL U
ASSOCIATES
VPROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PX. (512) 238-1200, FAX (S I2) 238-1251
//52/11/9 6()
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PAGE 4 OF 4
EASEMENT SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 12-E
DATE: August 17, 2006
SUBJECT: City Council Meeting - August 24, 2006
ITEM: *13.E.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 Lucy Guerrero
(Parcel 12E) (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This ordinance will allow for the City Attorney to initiate eminent domain proceedings to
acquire the necessary property interests so that Kiphen (CR 113) Road improvement project
can begin. The construction of this project will accommodate increased mobility in the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Ms. Guerrero has rejected the latest offer of approximately $8,500 to purchase the drainage
easement and temporary construction easement property interests.
Public Comment: