G-04-10-14-13C4 - 10/14/2004ORDINANCE NO. 4-Q q-/O-/Li-)3CL1
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 0.303
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE RED BUD LANE, PHASE III (CR 122)
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 Red Bud Lane, Phase III (CR 122) 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 0.303 acres of land in
Williamson County, Texas, said land more particularly described in
Exhibit "A" (Parcel 7) 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
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.
Section 3. It is the intent of the City Council that this
ordinance authorizes the condemnation of all property interests
2
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,
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 1 1J day
of 0 , 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:
wie"In
ELL, Ma -or
iIIIIIIIIIP
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret y
4
•
PARCEL: 7
COUNTY: WILLIAMSON
OWNER: LOT 1, CREEK VIEW SUBDIVISION
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.303 ACRE TRACT OF LAND SITUATED
IN THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1,
CREEK VIEW SUBDIVISION, RECORDED IN CABINET S,
SLIDES 366-367 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.303 -ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
Page 1 of 3
BEGIN FOR REFERENCE at a capped '/x" iron rod set in the northerly existing right-of-way line
of County Road No. 123 (CR123), being the southwesterly corner of Lot 2 of said Creek View
Subdivision and southeasterly corner of said Lot 1, THENCE with the common boundary line of
said Lot 1 and CR123 N 83°58'52" W a distance of 45.61 feet to a capped '/" iron rod set in the
easterly proposed right-of-way line of County Road No. 122 (CR122) for the easterly point of
cutback with CR123, same being the southeasterly corner and POINT OF BEGINNING hereof;
1. THENCE with the common boundary line of said Lot 1 and CR123 N 83°58'52" W a
distance of 76.27 feet to a capped'/" iron rod found in concrete in the easterly existing
right-of-way line of CR122 as described by instrument and conveyed to Williamson
County, Texas, recorded in Volume 1181, Page 657 and Volume 1198, Page 723 of the
Official Public Records of Williamson County, Texas, and the westerly boundary line of
said Lot 1, same being the southwesterly corner of said Lot 1 and southwesterly corner
hereof;
2. THENCE with the common boundary line of said Lot 1 and CR122 N 04°06'23" W at a
distance of 20.20 feet depart said easterly existing right-of-way line of CR122 and
continuing with the easterly boundary line of a remainder of a 200 -acre tract of land
conveyed to V. A. Southern by instrument recorded in Volume 339, Page 289 of said
Official Records for a total distance of 557.08 feet to a calculated point in the southerly
boundary line of a 1.06 acre tract of land called Tract One and conveyed to Donald
Holder and LaVon Holder by instrument recorded in Volume 632, Page 442 of said
Official Records, same being in the proposed easterly right-of-way line of County Road
No. 122 and the northerly corner hereof;
THENCE with the said proposed right-of-way line and through the interior of said Lot 1 the
following (3) courses labeled 3 through 5:
3. S 12°29'33" E for a distance of 169.32 feet to a capped 1/2" iron rod set for angle point
hereof;
4. S 04°16'33" E for a distance of 344.19 feet to a capped '/" iron rod set for an angle
point hereof;
EXHIBIT "A"
•
PARCEL: 7
COUNTY: WILLIAMSON
OWNER: LOT 1, CREEK VIEW SUBDIVISION
Page 2 of 3
5. S 44°07'37" E for a distance of 76.77 feet to the POINT OF BEGINNING containing
0.303 acre of land more or Tess.
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.
/lam
M. Step en Truesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Associates, L.L.C.
206 West Main Street
Suite 107
Round Rock, TX 78664
512-238-1200
CR 122-PARCEL7. DOC
Date
• •
1
\
DONALD HOLDER
LaVON HOLDER
REMAINDER
TRACT ONE
1.06 ACRES
VOL. 632, PG. 442
V. A. SOUTHERN
REMAINDER
200 ACRES
VOL. 339, PG. 289
O.P.R.W.C.T.
\
DONALD HOLDER
LaVON HOLDER
TRACT TWO
.8 ACRES
VOL. 632, PG. 442
0.P.R.W.C.T.
o0
NtD
19:01
N
95
RIO FOREST
SUBDIVISION
\ CAB. K, SL. 56-57
N
S
25 0 50 100
SCALE I" = 100'
I � ___� BRUSHY CREeK PER PLAT
I
• CREEK VIEW
o SUBDIVISION
a CAB. S, SL. 366-367
P.R.W.C.T.
cn 00 73
?
o
m •
w 1
\ OW 1
FOREST BLUFF \ 37 \ m I
SECTION IC 0 OI O (,1 I
CAB. 0, SL. 346-348 \ -o U1 N \ 4s LOT I
P.R.W.C.T. \ N \ 1
\
1 .
LEGEND \ -°17
OO 1/2" IRON ROD FOUND CAPPED • G7 (n
O 1/2" IRON ROD SET W/CAP \ N \
A CALCULATED POINT \ W
It PROPERTY LINE
P.O.B. POINT OF BEGINNING
B.F.R. BEGIN FOR REFERENCE IN
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS CONCRETE
WILLIAMSON COUNTY. TEXAS \
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
NOTES:
1
0
0.303
ACRE
NUM
DIRECTION
DISTANCE
LI
N 83°58'52" W
76.27'
L2
S 44°07'37" E
76.77'
L3
N 83°58'52" W
45.61'
L3
N 04°06'23" W
2020'
1 LOT2
I
' I
_ I
►JL4 `�' t 10' Row
LI L3^ 1/ PARCEL 7 ~ _ DEDfCAT10N PER
PLA
_• — b ` T
P.O.B.
PARCEL 7 COUNTY ROAD 123 (R. O. W
tow,,
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 FOR RIGHT-OF-WAY ACQUISITION PURPOSES. THERE MAY BE EASEMENTS
OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON,
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER "ECTION AND
SUPERVISION AND THAT THIS PLAT IS T,RUE AND CORRECT TO THE B -moi al� LEDGE AND BELIEF.
•�
21Ae. 09- * 4'4;a:•9
I;
Sq. STEPHEN TRUESDALE •'
t �493�.{ PAGE 3 OF 3
L4 wA �i f,
RIGHT e; -.}417..A, }i� �
4' _"AIS
M. STEW N RUESDAL1
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND CIVIL"
ASSOCIATES
PROFESSIONAL LAND SURVEYORS
206 W. MAIN ST. SUITE 107
ROUND ROCK, TX. 78664
PH, (S12) 236-1200, FAX (512) 238-1251
COUN
WILLIAMSON COU
PARCEL 7
LOT I, CREEK VIEW SUBDIVISION
TEXAS
Title: CR122 - PARCEL 7 - M&B CHECK
Date: 04-26-2004
Scale: 1 inch = 100 feet
File:
Tract 1: 0.303 Acres: 13203 Sq Feet: Closure = n55.5859c 0.00 Feet: Precision =1/486067: Perimeter y 1224 Feet
001=N83.5852W 76.27 003=S12.2933E 169.32 005=S44.0737E 76.77
002=N04.0623W 557.08 004=SO4.1633E 344.19
Title: CR122 - PARCEL 7 - PLAT CHECK I Date: 04-26-2004
Scale: 1 inch = 100 feet File:
Tract 1: 0.303 Acres: 13203 Sq Feet: Closure = n55.5859c 0.00 Feet: Precision =1/486067: Perimeter = 1224 Feet
001=n83.5852w 76.27 003=s12.2933e 169.32 005=s44.0737e 76.77
002-m04.0623w 557.08 004=s04.1633e 344.19
DATE: October 8, 2004
SUBJECT: City Council Meeting - October 14, 2004
ITEM: *13.C.4. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.303 acre parcel of land for
the proposed Red Bud Lane, Phase III (CR 122) Improvements
Project, and if necessary, authorizing the City Attorney to initiate
eminent domain proceedings. (Parcel 7) (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 Red Bud Lane, Phase III (CR 122) Road improvement
project can be constructed. The construction of this project will accommodate increased mobility
in the City.
Public Comment: N/A