G-04-10-14-13C1 - 10/14/2004ORDINANCE NO. a_ - )C-14 - )3c,
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 0.002
ACRES AND EASEMENT ACQUISITION OF APPROXIMATELY 0.019
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE SAM BASS ROAD 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 Sam Bass 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 0.002 acres of land in
Williamson County, Texas, said land more particularly described in
Exhibit "A" (Parcel 7), and an easement interest in approximately
0.019 acres of land in Williamson County, Texas, said land more
particularly described in Exhibit "B" (Parcel 7SWE), both 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/041014C1. WPD/dj0
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
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.
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 C , 2004.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2004.
READ, APPROVED and ADOPTED on second reading this the
day of , 2004.
N , WELL, ayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
4
EXHIBIT "A"
Field Notes for Parcel 7
Jack Brown Family III
Limited Partnership
to
City of Round Rock
(for Street Purpose)
BEING 0.002 OF ONE ACRE (90 S.F.) CF LAND, MORE OR LESS, OUT OF
AND A PART OF THE JACOB M, HARREL SURVEY, ABSTRACT No. 284 IN
WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1,
STONELEDGE, RECORDED IN CABINET D, SLIDE 269 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, CONVEYED TO JACK BROWN FAMILY III,
LIMITED PARTNERSHIP BY DEED FILED FOR RECORD NOVEMBER 21, 1996
RECORDED IN DOCUMENT NO. 9661301 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.002 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS AND AS
SHOWN ON THE ATTACHED SKETCH:
BEGINNING at a 1/2 inch iron rod with aluminum cap set at the intersection of
the proposed south line of Sam Bass Road with the east line of Chisholm Trail
(80' R.O.W.), same being in the westerly line of Lot 1, Stoneledge, recorded
in Cabinet D, Slide 269 of the Plat Records of Williamson County, Texas,
conveyed to Jack Brown Family III, Limited Partnership, by deed recorded in
Document No. 9661301 of the Official Records of Williamson County, Texas,
same also being North 21°02'11" West, a distance of 88.69 feet from the most
southerly corner of said Lot 1, 41.96 feet right of and at right angles to
the Engineer's Centerline Station 11+34.44, for the Point of Beginning and
the most southerly corner of the herein described tract of land;
1) THENCE, North 21°02'11" West, a distance of 12.36 feet, with the east
line of Chisholm Trail and the west line of said Lot 1, to the point of
curvature of a non -tangent circular curve to the right, same being in the
existing north line of Sam Bass Road, same also being the most westerly
corner of said Lot 1, for the most westerly corner of the herein described
tract of land;
2) THENCE, with the existing south line of Sam Bass Road and the north
line of said Lot 1, along said curve to the right of 16C.92 feet radius, an
arc distance of 24.48 feet, having an angle of intersection of 08°43'04" (the
long chord of said. curve bears North 73°27'29' East, a distance of 24.46
feet) , to a 1/2 inch iron rod with aluminum cap set 29.59 feet right of and
at right angles to the Engineer's Centerline Station 11+60.03, same being at
the point of intersection of the existing north line of Sam Bass Road and the
proposed south line of Sam Bass Road, for the point of curvature of a non -
tangent circular curve to the left, and the most easterly corner of the
herein described tract of land;
T:\Projects\70212\Field Igo L'es\PAR7f_d.doc
Page 1 of 3
3) THENCE, with the proposed south line of Sam Bass Road, along said curve
to the left of 25.00 feet radius, an arc distance of 27.96 feet, having an
angle of intersection of 64°05'27" (the long chord of said curve bears South
45°46'16" West, a distance of 26.53 feet), to the Point of Beginning and
containing an area of 0.002 of one acre of land, more or less.
iku\tAAAPA 62.
Eduardo 0. Mendez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Cate
Bearing Basis: State Plane, Central Zone, NAD B3 (HARN)
WCAD No.: R074488
T:\Projects\702:2\Field Noce3\PAR7f1d.doc
Page 2 of 3
01 C2 (c3)
A = 64'05'27" 8'43'04" (52'58')
R = 25.00 160.92 (160.92')
T = 15.65 12.27 (80.17)
A = 27.96 24.48 (148.76)
C = 26.53 24.46 (143.52)
CB = 845'46'16"W N73'27'28"E (S82'31'E)
RESUBDIVISION OF ROUND ROCK
CENTER WEST (REVISED)
CAB. E, SL. 68
PRWCT
L,,\ C4 -
SCALE: o
1"= 50' c y \
r J.N.
11+06.86
CO
11'r
HAELL SURVEY
A-284
PARCEL
SAM BASS RD.
0.002 ACRES (ss' �.U✓.}
JACK BROWN FAMILY III
LIMITED PARTNERSHIP
DOC# 9661301
ORWCT
4+37.39 C2
N21'02 11"W 12.36'
P 10 NT OF BEGINNING
N=10162584.74
E=3128881.21
STA. 11+34.44
41.96' RT
EXISTING: 0.252 ACRES
'TAKING: 0.002 ACRES
REMAINDER: 0.250 ACRES
RECORD INFORMATION PROVIDED EY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLER5_J3LV6., SUITE #100
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224418-U
-^THE FOLLOWING EASEMENT MAY APPLY TO PARCEL 7,
Z �o
o
cD
O
fj
STA.
11+60.03
29.59' RT
(C3)
•
0
A
( )
LEGEND
1 /2" IRON ROD FOUND
(UNLESS NOTED)
1 /2" IRON ROD
SET W/ALUMINUM CAP
60D NAIL FOUND
(UNLESS NOTED)
1 /2" PIPE FOUND
(UNLESS NOTED)
CALCULATED POINT
EXISTING PROPERTY LINE
EXISTING EASEMENT LINE
PROPOSED R.O.W. TAKING
RECORD INFORMATION
OPRWCT OFFICIAL PUBLIC RECORDS
OF IMLLIAMSON COUNTY, TX
DRWCT OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TX
DRWCT DEED RECORDS OF
WLLIAMSON COUNTY, TX
PRWCT PLAT RECORDS OF
WILLIAMSON COUNTY, TX
PARCEL NUMBER
STONELEDGE LOT 1
CAB. D, SL. 269
PRWCT
/
\
LOT 3
STONELEDGE SEC -ION THREE
CAB. E, SL. 161
BUT CANNOT BE LOCATED FROM
RECORD
DATA:
1) PIPELINE AND TELEPHONE EASEMENT -VOLUME 351, PAGE 334 (BLANKET EASEMENT), DRWCT
THE FOLLOWING EASEMENTS DO NOT APPLY TO PARCEL 7:
1) ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT- VOLUME 282, PAGE 403,
DRWCT, SAVE AND EXCEPT THE PORTION RELEASED IN VOLUME 801, PAGE 74, DRWCT
2) ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT- VOLUME 362, PAGE 90,
DRWCT, SAVE AND EXCEPT THE PORTION RELEASED IN VOLUME 801, PAGE 75, DRWCT
THESE SURFACE COORDINATES WERE MODIFIED FROM GRID STATE PLANE COORDINATES,
CENTRAL ZONE, NAD 83 (HARN) BY DIVIDING BY AN ADJUSTMENT FACTOR OF 0.99995
EDUARDO G. MENDEZ
1 !"�1
Ily o3
cult
MARTINEZ
WRIGHT&
A MENDEZ
ENDEZ
Civil Engineering, land Surveying, Architecture
CHEVY CHASE ONE
7700 Chevy Chose Dr?,
Suite 130. k,e6n. Texas 78752
lel) 512.4230767 le,) 512.423.1734
SKETCH TO ACCOMPANY
FIELD NOTES
DATE 2SEP 03
J09 RO: 70212-10
FILE RO1A'IPAR7
WILLIAMSON COUNTY, TEXAS
3
301'3
EXHIBIT
Field Notes for 7SWE
Jack Brown Family III
Limited Partnership
to
City of Round Rock
(for Sidewalk/Water Easement)
BEING 0.019 OF ONE ACRE (821 S.F.) OF LAND, MORE OR LESS, OUT OF
AND A PART OF THE J.M. HARRELL SURVEY, ABSTRACT No. 284 IN
WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1,
STONELEDGE, RECORDED IN CABINET D, SLIDE 269 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, CONVEYED TO JACK BROWN FAMILY III,
LIMITED PARTNERSHIP BY DEED FILED FOR RECORD ON NOVEMBER 21, 1996
RECORDED IN DOCUMENT NO. 9661301 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.019 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS AND AS
SHOWN ON THE ATTACHED SKETCH:
BEGINNING at a brass pin found in concrete in the southerly right-of-way line
of Sam Bass Road (60' R.O.W.), same being at the most easterly corner of Lot
1, Stoneledge, recorded in Cabinet D, Slide 269 of the Plat Records of
Williamson County, Texas, conveyed to Jack Brown Family II1, Limited
Partnership, by deed recorded in Document No. 9661301 of the Official Records
of Williamson County, Texas, for the Point of Beginning and the most easterly
corner of the herein described tract of land;
1) THENCE, South 68°56'11" West, a distance of 12.50 feet, with the
southeasterly line of said Lot 1 and the northwesterly line of Lot 3,
Stoneledge, Section Three, recorded in Cabinet D, Slide 269 of the Plat
Records of Travis County, Texas, to a calculated point for the most southerly
corner of the herein described tract of land;
2) THENCE, North 57°56'37" West, a distance of 38.60 feet, leaving the
southeasterly line of said Lot 1 and the northwesterly line of said Lot 3,
crossing said Lot 1 to a calculated point for the point of curvature of a
non -tangent circular curve to the left;
3) THENCE, along said curve to the left of 150.92 feet radius, an arc
distance of 38.38 feet, having an angle of intersection of 14°34'14" (the long
chord of said curve bears North 65°30'26" West, a distance of 38.28 feet), to
a calculated point for the most westerly corner of the herein described tract
of land;
4) THENCE, North 16°26'08" East, a distance of 10.00 feet to a calculated
point in the southerly right-of-way line of said Sam Bass Road, same being in
the northerly line of said Lot 1, for the point of curvature of a non -tangent
circular curve to the right;
5) THENCE, with the southerly right-of-way line of said Sam Bass Road and
the northerly line of said Lot 1, along said curve to the right of 160.92
feet radius, an arc distance of 41.08 feet, having an angle of intersection
of 14°37'38" (the long chord of said curve bears South 65°31'37" East, a
distance of 40.97 feet), to a calculated point for a corner;
5:\Projects\702].2\Field 17otos\7SWE.doc
Page 1 of 3
6) THENCE, South 57°56'37" East a distance of 46.13 feet to the Point of
Beginning and containing an area of 0.019 of one acre of land, more or less.
MAA0A11, a itC(A,d4i
Eduardo 0. Mendez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Date
!b//SSt°3
Bearing Basis: State Plane, Central Zone, NAD 83 (HARN)
WCAD No.: R074488
s:\Projcts\70212\iigld Notes\7sWE.dec
Page 2 of 3
RESUBDIVISION OF ROUND ROCK
CENTER WEST (REVISED)
CAB. E, SL. 58
PRWCT
J.M.
SCALE:
1"=50'
HMRELL SURVEY
A-284
0 SWE PROPOSED
SIDEWALK/WATER EASEMENT
0.019 AC (821 S.F.)
SAM BASS RD. JACK BROWN FAMILY III
(60' R,O.W) LIMITED PARTNERSHIP
D0C# 9661301
C4 ORWCT
LEGEND
• 1/2" IRON ROD FOUND
(UNLESS NOTED)
Q 1/2" IRON ROD
SET W/ALUMINUM CAP
A 60D NAIL FOUND
(UNLESS NOTED)
c 1/2" PIPE FOUND
(UNLESS NOTED)
A CALCULATED POINT
BRASS PIN FOUND IN CONC
AREA OF EASEMENT
RECORD INFORMATION
OPRWCT OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TX
DRWCT OFFICIAL RECORDS OF
WILLIAMSON COUNTY, Tx
DRWCT
PRWCT
DEED RECORDS OF
WILUAMSON COUNTY, TX
PLAT RECORDS OF
WILLIAMSON COUNTY. TX
01
LOT 1 c‘3�\
STONELEDGE L1
CAB. D, SL. 2692.69 12.50
PRWCT 5� 6�
CPB"'1i
' '\
THESE SURFACE COORDINATES WERE
MODIFIED FROM GRID STATE PLANE
COORDINATES, CENTRAL ZONE. NAD
83 (HARN) BY DIVIDING BY AN
ADJUSTMENT FACTOR OF 0.99995
LINE TABLE
LINE
BEARING
LENGTH
L1
N57'56'37"W
38.60'
L2
N16'26'08"E
10.00'
L3
S57'56'37"E
46.13'
56
POINT OF BEGINNING
N=10162050.26
E=3128902.19
LOT 3
STONELEDGE SECTION THREE
CAB. E, SL. 161
7j
'Off,
UNITED STATES POSTAL S
781/873/ 0�
DRWCT ,S �=• -•TFl
GlS tF9,
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
TANGENT
CHORD
CHORD BEARING
C1
44'11'17"
160.92'
124.11'
65.32'
121.05'
N8018'26"W
(C1)
(52'58')
(160.92')
(80.17)
(148.76)
(143.52)
(S82'31'E)
C2
14'37'38"
160.92'
41.08'
20.65'
40.97'
S65'31'37"E
C3
14'34'14-
150.92'
38.38'
19.29'
38.28'
N65'30'26"W
C4
29'33'39"
160.92'
83.02'
42.46'
82.11'
S87'37'15"E
MARTINEZ
WAIGHT&
- * MENDEZ
Clrll Agluerle[, lend Surr•ying, Architecture
C-4EVY CHASE ;N_
77C0 Cvcvy mase rive
Su'te 100. Austin, 7.x15
te1) 512.133.0757 fu) 512.4.53.1734
`cc o.N
EDUARDOO. MENDEZ
•
5010 P' -
'5.) Esslc"?./0
..U•..
SKETCH TO ACCOMPANY
FIELD NOTES
DAME 14 OCT 03
JO® 'O: 70212-10
RLE 7SWE.DWC
WILLIAMSON COUNTY, TEXAS
3
3 OF 3
DATE: October 8, 2004
SUBJECT: City Council Meeting - October 14, 2004
ITEM: *13.C.1. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.002 acre parcel of land, and a
0.019 acre parcel of land for the proposed Sam Bass Road
Improvement Project, and if necessary, authorizing the City Attorney
to initiate eminent domain proceedings. (Parcels 7, 7 SWE) (First
Reading)
Department: Legal Department
Staff Person: Steve Sheets, City Attorney
Justification:
Increased mobility in the City.
Funding:
Cost: N/A
Funding Source: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information:
This ordinance will allow for the City Attorney to initiate eminent domain proceedings to acquire
the necessary property interests so that the Sam Bass Road improvement project can be
constructed. The construction of this project will accommodate increased mobility in the City.
Public Comment: N/A