G-04-10-14-13C2 - 10/14/2004ORDINANCE NO. -D4-1D-I4-13c2)
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 0.013
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 0.013 acres of land in
Williamson County, Texas, said land more particularly described in
Exhibit "A" (Parcel 9) 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.
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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
required to complete the construction and maintenance of the
2
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
Meetings Act, Chapter 551, Texas Government Code, as amended.
3
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.
I:tl
READ, PASSED, and ADOPTED on first reading this / 7 day
of , 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.
ATTEST:
N) 41
Y r'WEeL Mayo
t of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret;;ry
4
EXHIBIT "A"
Field Notes for Parcel 9
LWR Family Partnership
to
City of Round Rock
(for Street Purpose)
BEING 0.013 OF ONE ACRE (562 S.F.) OF LAND, MORE OR LESS, OUT OF
AND A PART OF THE J.M. HARRELL SURVEY IN WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF LOT 1, STONELEDGE SECTION TWO,
RECORDED IN CABINET E, SLIDE 102 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, CONVEYED TO LWR FAMILY PARTNERSHIP BY
DEED FILED FOR RECORD ON JANUARY 25, 2002, RECORDED IN DOCUMENT
NO. 2002007058 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.013 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 in the proposed south
line of Sam Bass Road, same being in a westerly line of Lot 1, Stoneledge
Section Two, recorded in Cabinet E, Slide 102 of the Plat Records of
Williamson County, Texas, conveyed to LWR Family Partnership by deed recorded
in Document No. 2002007058 of the Official Public Records of Williamson
County, Texas and in the east line of Lot 2, Resubdivision of Lot 2,
Stoneledge-Section Two, recorded in Cabinet E, Slide 283 of the Plat Records
of Williamson County, Texas conveyed to FFCA Acquisition Corporation recorded
in Document No. 9544462 of the Official Records of Williamson, County, Texas,
same also being North 02'34'48" West, a distance of 167.51 feet, from a 1/2
inch iron rod found in a westerly line of said Lot 1, 46.98 right of and at
right angles to the Engineer's Centerline Station 15+81.39 for the Point of
Beginning, and the southwest corner of the herein described tract of land;
1) THENCE, North 02°34'48" West, a distance of 12.16 feet, with a westerly
line of said Lot 1 and an easterly line of said Lot 2, to a 5/8 inch iron
pipe found in the exiating south line of Sam Bass Road, same being the
northwest corner of said Lot 1 and the northeast corner of said Lot 2, for
the northwest corner of the herein described tract of land;
2) THENCE, South 58°07'15" East, a distance of 56.47 feet, with the
existing south line of Saar; Bass Road and a northerly line of said Lot 1, to
the point of curvature of a non -tangent circular curve to the right and the
northeast corner of the herein described tract of land;
3) THENCE, along said curve to the right of 138.04 feet radius, an arc
distance of 32.84 feet, having an angle cf intersection of 13°37'58" (the long
chord of said curve bears South 51°28'33" East, a distance of 32.77 feet), to
an "X" marked in concrete at the intersection of the existing south line of
Sam Bass Road and the proposed south line of Sam Bass Road, 29.59 feet right
of and at right angles to the Engineer's Centerline Station 11+60.03, for the
southeast corner of the herein described tract of land;
4) THENCE, North 62°27'44" West, a distance of 73.71 feet, with the
proposed south line of Sam Bass Road, to a 1/2 inch iron rod with aluminum
cap set for a corner;
Page 1 of 3
\Frojecte\70212\c'ield Notes\7AA911d.dPe
5) THENCE, North 08°18'00" West, a distance of 4.24 feet, to a 112 inch
iron rod with aluminum cap set for a corner;
6) THENCE, South 88°29'45" West a distance of 7.07 feet, to the Point of
Beginning and containing an area of 0,013 of one acre of land, more or less.
Eduardo 0. Mendez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
51 /0 cl
Date
Bearing Basis: State Plane, Central Zone, NAD 83 (HARN)
WCAD No.: R055575
o:\Projects\?(s212\Fie1 Hotel\AR9f.A,ck c
Page 2 of 3
s
0
PUE
OPRWCT
ORWCT
DRWCT
PRWCT
�^J
3'
150
LEGEND
I/2- IRON ROD FOUND 1/&
(uNLESS NOTED)
1/2" IRON ROD
SET W/ALUUINU11 CAP
rj2" PIPE FOUND (UNLESS
COTTON SPINDLE SET
NARKED rN CONCRETE
CALCULATED PONT
EXISTING PROPERTY UNE
DOSTNC EASEMENT UNE
PROPOSED R.O.W. TAKING
RECORD INFORMATION
PUBL)C UTUTY EASEMENT
OFFICIAL PUILJC RECORDS
WILLLAMSON COUNTY, TEXAS
OFFICIAL RECORDS OF
WM DAMSON COUNTY, TEXAS
DEED RECORDS OF
WILUAMSON COUNTY. TEXAS
PLAT RECORDS OF
WIUiAMSON COUNTY. TEXAS
d = 13'37'58"
C1
R = 138.04
. s� A-3284
') TO C = 32.77
\S - C8 = S51'28'33"E
oxs-....p), ,\
-TED) '34 8jt 1 h .'
F
�`%
12.16'
5/8"
,/ (c2)
• A = (55'34'10") Z
R = (138.04) —I
T = (72.73) P1
A =(133.88 ,0
r 0 = (128.70).. (J)
0.j/ CB (S28.15'E) —I
r1 r r—iT1
Ft
c.. -\y Z
Ft
S58'07'15"E 56.47' f'" -<
1'`38 J•FK '
7.N,/ O.N 02'34'48 i� 76;43033
POINT OF BEGIN iNG
N=10162424.54
E=3129254.32
STA. 15+81.39
46.98 RT.
of 588'29'45"W 7.07
STA. 15+86.85
4.53 RT.
N08"i8'00"W 4.24'
STA. 15+88.38
48.34 RT.
PARCEL NUMBER
UNITED STATES
POSTAL SERVICE
781/873
DRWCT
LOT 3
STONELEDGE
SECTION THREE
CAB. E, SL. 161
PRWCT
RECORD INFORMATION PROVIDED BY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD.,
SUITE #100
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224420—W
LOT 2
(S5'02'E 56.51')
CJ`!
"511.,11,
o t .. PARCEL "7
';',1(c).
0
v 00.013 ACRES
LOT 1
m
STONELEDGE SECTION TWO
j CAB. E, SL. 142
STA. 11 +60.03"
29.59' RT
\6-7
�7 1
cP
�NLQ
FFCA ACOUISITIONI
CORPORATION
OC# 9544462
ORWCT
PRWCT
I
WR FAMILY PARTNERSHIP, L.P.
DOC# 20020070581 10' P.U.E. & D.E.
OPRWCT i j-•-814/560, DRWCT
\ Eill(1
EXISTING: 0.405 ACRES 11\
TAKING: 0.013 ACRES \`
REMAINDER: 0.392 ACRES
tt
r
THE FOLLOWING EASEMENT MAY APPLY TO PARCEL 9, BUT
1
7.5' P.U.E.
CAB- E. SL. 283,
PRWCT - h
CANNOT BE LOCATED FROM RECORD DARESUBDIVISION R BDIVISION OF LOT
1) PIPELINE AND TELEPHONE EASEMENT -VOLUME 351, PAGE CAB. E, SI._.. 283
.334, DRWCT (BLANKET EASEMENT) PRWCT �. i 1
THE FOLLOWING EASEMENTS 1:10 NOT APPLY TO PARCEL 9:
2j
STONELEDGE-SECTION 2
1) ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT,
VOLUME 282, PAGE 403, DRWCT-RELEASED VOLUME 801, PAGE
74, DRWCT
2) ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT,
VOLUME 362, PAGE 90, DRWCT-RELEASED 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
10' P.U.E.
1257/586. DRWCT
SCALE:
1"=50'
MARTINEZ
lATR1Gl#T&
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Van ietle••H•s. Lse/ $er7•yIes, Rrdtjas/es•
CHEVY CHASE ONE
7700 Chevy Chou* Drive
Suite 100. Austin. rams 79752
14 5124510367 M.) smoit L
SKETCH TO ACCOMPANY
FIELD NOTES
a1E NWT 04
Joe tq 70272-/8
PI [: eaYIRMA
WILLIAMSON COUNTY, TEXAS
3
30f 3
DATE: October 8, 2004
SUBJECT: City Council Meeting - October 14, 2004
ITEM: *13.C.2. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.013 acre parcel of land for the
proposed Sam Bass Road Improvement Project, and if necessary,
authorizing the City Attorney to initiate eminent domain proceedings.
(Parcel 9) (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