G-04-10-14-13C5 - 10/14/2004ORDINANCE NO. V -O -I )0` /4-13C
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 0.067
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE RED BUD LANE (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 (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 0.067 acres of land in
Williamson County, Texas, said land more particularly described in
Exhibit "A" (Parcel 14) 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 I`7 day
of Ll l'A"ILJXJ l/ , 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
ATTEST:
,�. it)7)
, 2004.
N:� W , Mayo
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
4
177,800 Square Foot Tract
Brostad Subdivision
0.067 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A .0.067 ACRE (2,899 SQUARE FOOT) TRACT OF LAND SITUATED ,
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 177,800 SQUARE
FOOT TRACT, BEING A PORTION OF TRACT NO. 1 BROSTAD
SUBDIVISION, A SUBDIVISION RECORDED IN CABINET G, SLIDE 246
OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.067 ACRE TRACT AS
SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %" iron rod found with plastic cap for the southeast
corner of said 177,800 square foot tract, same being the southwest comer of Lot 2, Tri -View
Estates, a subdivision recorded in Cabinet B, Slides 14 — 15 of the Plat Records of said county,
same being on north right-of-way line of Doris Lane (50 foot right-of-way width);
THENCE with the south line of said 177,800 square foot tract, same being the north right-of-way
line of said Doris Lane, N 85° 56' 29" W for a distance of 455.55 feet to a %z" iron rod set with
Baker-Aicklen cap for the southeast comer and POINT OF BEGINNING hereof;
THENCE with the south line of said 177,800 square foot tract, same being the north right-of-
way line of said Doris Lane, N 85° 56' 29" W for a distance of 23.84 feet to a %s" iron rod found
for the intersection of the north right-of-way line of Doris Lane and the east line of a 25 foot
wide road widening easement per said Brostad Subdivision, for the southwest comer hereof;
THENCE with the east line of said 25 foot wide road widening easement, N 03° 44' 26" E for a
distance of 272.39 feet to the north line of said 177,800 square foot tract, same being the south
line of a called 0.92 acre tract, being a portion of tract no. 1, of said Brostad Subdivision, for the
northwest corner hereof;
EXHIBIT "A"
177,800 Square Foot Tract
Brostad Subdivision
0.067 Acre Tract
Page 2 of 3
THENCE with north line of said 177,800 square foot tract, same being the south line of said
0.92 acre tract, S 85° 56' 29" E for a distance of 11.62 feet to a '/" iron rod set with Baker-
Aicklen cap for the northeast corner hereof;
THENCE through the interior of said 177,800 square foot tract, the following two (2) courses
and distances:
1) S 04° 19' 32" W for a distance of 257.39 feet to a I/" iron rod set with Baker-Aicklen cap
for an angle point hereof, and
2) S 40° 48' 29" E for a distance of 21.16 feet to the POINT OF BEGINNING and
containing 0.067 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive, performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJEC I'S \CORR\CR122-RED BUD\ROW\MB\PARCEL 14.DOC
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1" = 40'
WILLIAMSON COUNTY,
TEXAS
1
CALLED 40,000 S.F. LOT
CALLED 0.92 ACRE
BEING A PORTION OF
TRACT NO. 1
BROSTAD SUBDIVISION
CAB. G, SL. 246
y
LEGEND
• I/2" IRON ROD FOUND
C I/2" IRON R00 FOUND
WITH CAP (AS NOTED)
O PIPE FOUND (SIZE NOTED)
A MAG NAIL FOUND
O 1/2" IRON ROD SET WITH
BAKER—AICKLEN CAP
A CALCULATED POINT
( ) RECORD INFORMATION
PER CAB. G, SL. 246
BASIS OF BEARINGS IS THE COUNTY ROAD
122 PROJECT BETWEEN U. S. HIGHWAY NO. 79
AND FOREST CREEK DRIVE, PERFORMED BY
BAKER—AICKLEN, APRIL, 2000.
JQJ--11N1 J -J. j 4JNJ£.ALL SURVJ✓Y.
A_ ST RA . 3 1
CALLED 177,800 S.F. LOT
BEING A PORTION OF
TRACT NO. 1
BROSTAD SUBDIVISION
CAB. G, SL. 246
PARCEL 14
0.067 ACRE
(2,899 SQ. FT.)
POINT OF
BEGINNING
N 85°56'29' W 455,55'
DORIS LANE
(50' R. 0. W. WIDTH
CAB. B, SL. 14 — 15
NUMBER
BEARING
DISTANCE
LI
N 85°56'29" W
23.84'
(N 89°40' W)
L2
S 85°56'29" E
1L62'
(S 89°40' E)
L3
S 40°48'29" E
2L16'
LOT 2
TRI—VIEW ESTATES
CAB. 6, SL. 14 — 15
BEGINNING FOR
REFERENCE
PLASTIC CAP
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-056-51
BY: TJR
PAGE 3 OF 3
W:\PROJECTS\CORR\CR122-RED BUO\ROM\SKETCH\PARCEL 14.0w0 (3 OF 31 F•bruory 23, 2004 - 8:40orn
LA\
BAKER-AICKLEN
A86OCIATE13, INC.
ENGINEERS/SURVEYORS
DATE: October 8, 2004
SUBJECT: City Council Meeting - October 14, 2004
ITEM: *13.C.5. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.067 acre parcel of land for
the proposed Red Bud Lane (CR 122) Improvements Project, and if
necessary, authorizing the City Attorney to initiate eminent domain
proceedings. (Parcel 14) (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 (CR 122) Road improvement project
can be constructed. The construction of this project will accommodate increased mobility in the
City.
Public Comment: N/A