G-04-10-14-13C3 - 10/14/2004ORDINANCE NO. g - O L -/ 0- /14 - /3C 3
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 0.004
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 0.004 acres of land in
Williamson County, Texas, said land more particularly described in
Exhibit "A" (Parcel 2) 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.
READ, PASSED, and ADOPTED on first reading this 11-/day
ofla246-4b)LA.) , 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:
NYL , L , ayor
Ci y . Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
4
Y
EXHIBIT "A"
Field Notes for Parcel 2
Ramesh C. Appareddy
Vijavalakshmi Appareddy
To
City of Round Rock
(for Street Purpose)
BEING 0.004 OF ONE ACRE (180 S.F.) OF 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 CF LOT 1, KILGORE SUBDIVISION,
RECORDED IN CABINET L, SLIDE 350 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, CONVEYED TO RAMESH C. APPAREDDY AND VIJAYALAKSHMI
APPAREDDY BY DEED FILED FOR RECORD CN OCTOBER 30, 2000, RECORDED IN
DOCUMENT 2000072456 OF THE OFFICIAL• PJSLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.004 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 pipe found at the intersection of the proposed north
line of Sam Bass Road with the existing north line of Sam Bass Road, same being
the most easterly corner of Lot 1, Kilgore Subdivision recorded in Cabinet L,
Slide 350 of the Plat Records of Williamson County, Texas conveyed to Ramesh C.
Appareddy and Vijayalakshmi Appareddy by deed recorded in Document 2000072456 of
the Official Public Records of Williamson County, Texas and in the southwest line
of a 0.3256 acre tract of land conveyed to William R. Crisp Jr. and Sharlyne Crisp
by deed recorded in Document No. 9731C10 of the Official Records of Williamson
County, Texas, same also being South 21°22'22" East, a distance of 126.04 feet from
a 1/2 inch iron pipe found at a corner in the east line of said Lot 1, 39.84 feet
left of and at right angles to the Engineer's Centerline Station 8+01.32, for the
Point of Beginning and the most easterly corner of the herein described tract of
land;
1) THENCE, South 7C°20'27" West, a distance of 78.40 feet, with the existing
north line of Sam Bass Road and a southeasterly line of said Lot 1, to a
calculated point for a corner;
2) THENCE, South 87°47'57" West, a distance of 15.28 feet, to a 1/2 inch iron
rod with cap set 35.24 feet left of and at right angles to Engineer's Centerline
Station 7+00.62, for the most westerly corner of the herein described tract of
land;
3) THENCE, North 73°09'51" East, a distance of 93.09 feet, with the proposed
north line of Sam Bass Road, to the Point of Beginning and containing an area of
0.004 of one acre of land, more or less.
f44,,,,,„4,0. /1,47
Eduardo 0. Mendez
Registered Professional Land Surveyor 501C
Martinez, Wright & Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Bearing Basis: State Plane, Central Zone, NAD 83 (HARN)
WCAD No.: R347963
T:\Project5\70212\Field Note \PAR2f1d.dec
Page 1 of 2
\ \ �Y
SURv
HARRELL
J.M. � 284
i
SCALE:
1"= 50' \
KILGORE SUBDIVISION \
CAB. L, SL. 350 -G \
PRWCT �\ \
-0 f a\
LOT 1 1-0"-----
Cif -'.\
RAMESH C. APPAREDDY `'0�,\
VIJAYALAKSHMI APPAREDDY `lam\
DOC.# 2000072456 za
OPRWCT \
LOT 1'
BLOCK A
i
R--EPLAT OP- LOT 3
,ILGCRE SUBDIVISION
CAB. M, SL. 197
PRWCT
i
LEGEND
• 1/2" IRON ROD FOUND
(UNLESS NOTED)
Q 1/2" IRON ROD
SET W/ALUMINUM CAP
& 60D NAIL FOUND (UNLESS NOTED)
® 1/2" PIPE FOUND (UNLESS NOTED)
A CALCULATED POINT
EXISTING PROPERTY LINE
EXISTING EASEMENT LINE
PROPOSED R.O.W. TAKING
( ) RECORD INFORMATION
OPRWCT OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
ORWCT OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
DRWCT DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS
PRWCT PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
15 PUBLIC UTILITY EASEMENT
CAB. L, SL. 350
PRWCT
5' PUBLIC UTILITY EASEMENT
CAB. L, SL. 350
PRWCT
\ \
\ \
\
\
\\- (S88'40'30" W)
bb'Zb+9=Jd
6+00
:WILLIAM R. CRISP JR.
SHARLYNE CRISP
DOC.# 9731010
ORWCT
PARCEL ��
c.P0
0.004 ACRES \ ,
STA. 7+00.62 9.09
35.24 LT
(123.41')
S87°47'57"W 15.28'
(S88°40'30"W)
EXISTING: 1.77 ACRES
TAKING: 0-004 ACRES
REMAINDER: 1.766 ACRES
RECORD INFORMATION PROVIDED BY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD., SUITE #100
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224409-J
THE FOLLOWING EASEMENT DOES NOT APPLY TO PARCEL 2 AREA:
/ELECTRIC AND TELEPHONE DISTRIBUTION EASEMENT
\VOLUME 566, PAGE 276, DRWCT.
THESE SURFACE COORDINATES WERE MODIFIED FROM GRID
STATE PLANE COORDINATES, CENTRAL ZONE, NAD 83 (HAN)
BY DIVIDING BY AN ADJUSTMENT FACTOR OF 0.99995
,1U`�LI
-550-
POINT OF
BEGINNING
IN=10162538.34
I E= 3128546.21
STA. 8+01.32
39.84' LT
-15.4°
PARCEL NUMBER
R�
M 1.55
SPo\1,13,0C
MARTINEZ
-.WRIGI-IT&
A MENDEZ
Civil Engineering, Lind Surveying, Architecture
CHEVY CHASE ONE
7700 Chevy Chcse Dh'e
Suite 100. Ausi-. -c.-s 78752
Irl) 512.4530787 :e'i 512..55.773:
SKETCH TO ACCOMPANY
FIELD NOTES
011,103
GATE. 2 SEP 03
JOB NO: 70212-10
FILE' ROWIPAR2
WILLIAMSON COUNTY, TEXAS
2 OF 2
DATE: October 8, 2004
SUBJECT: City Council Meeting - October 14, 2004
ITEM: *13.C.3. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.004 acre parcel of land for
the proposed Sam Bass Road Improvements Project, and if
necessary, authorizing the City Attorney to initiate eminent domain
proceedings. (Parcel 2) (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