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G-04-02-12-13C1 - 2/12/2004ORDINANCE NO. 6-oli-o.,2-2-/3ei AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.099 ACRE, AND A DRAINAGE EASEMENT INTEREST IN 0.123 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE DOWNTOWN STREETS 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 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 approximately 0.099 acres (parcel 8) of land in fee simple, and a drainage easement interest in approximately 0.123 acres (parcel 8DE). in Williamson County, Texas, said land more particularly described in Exhibits "A" and "B" (McConico parcels) 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. OPFDesktop\::0DMA/WORLDOX/0:/WDOX/ORDINANC/040212CI.WPD/do 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 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 2 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 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 wasposted and that such meeting was 3 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. 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 /2P1)day of J-212AA,1),, , 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: E y �WELL, _ yor City of Round Rock, Texas eiaLtat;III)g. AA, CHRISTINE R. MARTINEZ, City Se retary 4 1 of 7 McConico (Parcel 8) 0.099 Acre Tract DESCRIPTION City of Round Rock Williamson County, Texas FOR A 0.099 -ACRE (4312 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF BLOCK 4 OF STARKFIELD ADDITION, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 203 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.099 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/z" iron rod found at a point in the north right-of-way line of Pecan Street (right-of-way width varies), said point being the southeast corner of Lot 2 of P. K. Dady Subdivision a subdivision according to the plat recorded in Cabinet N, Slide 352 of the Plat Records of Williamson County, Texas, same being the southwest corner of said Block 4, for the southwest corner and POINT OF BEGINNING hereof; THENCE departing the north right-of-way line of said Pecan Street with the east boundary line of said Lot 2, same being the west boundary line of said Block 4, N 07°45'49" E for a distance of 6.90 feet to a ',?" iron rod with cap set on a point for the northwest corner hereof; THENCE departing the east boundary line of said Lot 2, through the interior of said Block 4 the following five (5) courses and distances: 1. N 88°49'20" E for a distance of 74.72 feet to a ''/2" iron rod with cap set for an angle point in the north boundary line hereof, 2. N 88°49'22" E for a distance of 174.86 feet to a %" iron rod with cap set for an angle point in the north boundary line hereof, 3. N 87°51'10" E for a distance of 60.57 feet to a'' /z" iron rod with cap set for an angle point in the north boundary line hereof, 4. N 87°51'15" E for a distance of 318.46 feet to a 'ii" iron rod with cap set for point of curvature in the north boundary line hereof, 5. With the arc of a curve to the right having a radius of 710.00 feet, an arc length of 109.96 feet and a chord which bears S 87°42'34" E for a distance of 109.85 feet to a ''/z" iron rod with cap set at a point in the north right-of-way line of said Pecan Street, same being the south boundary line of said Block 43, for the easternmost corner hereof; 2 of 7 McConico (Parcel 8) 0.099 Acre Tract City of Round Rock Williamson County, Texas THENCE with the north right-of-way line of said Pecan Street, same being the south boundary line of said Block 43, S 88°18'45" W for a distance of 739.30 feet to the POINT OF BEGINNING hereof and containing 0.099 acres of land. Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey performed November 2002. Based on an on -the -ground survey made under my direct supervision and shown on accompanying survey drawing. &:"f. R. David Strutton Registered Professional Land Surveyor No. 4312 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Job #0601-2-085-24 Tit 17, 2.603 W:\PROJECTS\CORR\DOWNTOWN STREETS\ROW\METES AND BOUNDS\PARCEL08.doc F I I SKETCH TO ACCOMPANY DESCRIPTION Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey performed 15801 November 2002. SC'`8' 15� a LOT 2, P. K DADY SUB CAB. N, SL. 352 RAVEL nr -�� �i °5" CE R ELM 1 3' TALLOW S 87'51'49" W 99.99' STARS E D DITIONION CAB E TL0 SLIDE 203 L rAs� 15858 15 6 (S 89'20' W 100.00')SAVE AND EXCEP . 03 ACRE TRAC SCALE 0 - 20' CHINABERRY 10" 8" CHINABERRY DESCRIBED IN DOCUM. N0. 724998 15 67 15665 O.P.R. TX Sot 12" 10" CEDAR 1/2" IRON ROD ELM 15743 �/ SET W/ CAP SIGNPOST ONL CEDAR GRAVEL ELM 5 DRI E GRAVEL SIGN 2 15739 8" 4" I 2 HACKBERRY DRIVE CED R \ / 5684 (TRAILWAYS/E. ELM 1/2" IR R D PECAN AVE.) 15668 N 8'49'20" Em 74.72' SET CAP N 88'4922" E 1 .8 N 07'45'49" ° ° ° 0C %' , .90'l / / 9 88' 1/2" 1 1/2" IRON D F ND ROD FOUND w a P N STREET PARCEL POINT OF 0.099 ACRES w BEGINNING I (R.O.W. VARIES) 4312 SQ. FT. / 5 UE'VE'Y, �' T ON__j ABSTRCACT NO. 298 m : 1/2" IRON WROUGHFENCE• CENTERED ON I N / W ROD FOUND STONE i FUND "BENT" FOUND "BENT" ® WIT CAP BASE WITH STONE COLUMNS Alk OE - OE OE OE OE DE OE OE' DE OE E OE OE OE O -- OE OE OE OE OE — - OE OE OC OE OE OE GRAVEL OW 17" 7" LIVE OA DRIVE O ?5733 — — — CONC. — GRAVEL El DRIVE DRIVE 10" MBX IN CEDAR ABU D 1, INC. ® 15734E A. STONE ELM DOC. N 20 1094322 \ COLUMN WROUGHT IRON 15731 0 W.C., TX FENCE � (0.346 ACRES) CENTERED ON STONE DATE: JULY 1 2003 BAKER-AICKLEN ALFREDO & GUADALUPE NEVAREZ BASE WITH JOB NO.: 0601-2-085-24 I &ASSOCIATES,INC. DOC. NO. 2002023813 STONE COLUMNS BY: TJR PAGE 3 OF 7 ENGINEERS/SURVEYORS WAPROJECTS\CORK\DOWNTOWN STREETS\DWG\ROW\RR STREETS ADDL ROW 1 3 4 5 6 8 12 13.dry(PARCEL 8-31 September 10. 2003-1:45pm 0 n v 0 O O� tea , N.s. al —,�c O ti� rr�� 41 mri q c4 A E N ON r` J 0 V `T l V 0 V) U O Cr C1) IdzooMIIDZO0 m Crz O CE0Qw 0 to wf-Z0 X U O c �z 0, CTImUCnC ro '( z cL 0 p -I X 4 ~ D J m Do w to ci f2 \ F., up co Cr)O \ qz°o E-4 c0 CV GC mZN iqQ� O C7 O U CL z Zai a�'OM0 U cp - 0 : t z moz O�C4 LL, o o Q rO �O LLI pUbU o• 0 V wO2 C40 0C4 o LIJ u)z g0.ZU 0 W 0 ?off,�Wq —1 qW a,ON03 C1) USC z4 tq ��1 wz LIJ I o inn 1 of 3 McConico (Drainage Easement) 0.123 Acre Tract DESCRIPTION City of Round Rock Williamson County, Texas FOR A 0.123 -ACRE (5,372 -SQUARE -FOOT) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A 15 -FOOT -WIDE STRIP OF LAND OUT OF A REMNANT PORTION OF BLOCK 4 OF STARKFIELD ADDITION, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 203 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.123 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a %2" iron rod found at the point of intersection of the south line of Pecan Street (width varies) with the east line of Circle Avenue (width varies), said point being the northwest comer of a tract of land in described in deed to Anne Phillips recorded in Document No. 2002064965 of the Official Records of said County; THENCE, over and across said Pecan Street, N 01°41'15" W for a distance of 40.00 feet to a point in the north line of said Pecan Street, same being the south boundary line of said Remnant Portion of Block 4; THENCE with the north line of said Pecan Street, same being the south boundary line of said Remnant Portion of Block 4, S 88°18'45" W for a distance of 132.22 feet to a point for the southwest corner and POINT OF BEGINNING hereof; THENCE continuing with the north line of said Pecan Street, same being the south boundary line of said Remnant Portion of Block 4, S 88°18'45" W for a distance of 15.00 feet to a point for the southwest corner hereof, from which a %z" iron rod found at the southeast comer of Lot 2, P.K. Dady Subdivision, a subdivision according to the plat of record in Cabinet N, Slide 352 of the Plat Records of said County, same being the southwest corner of said Remnant Portion of Block 4 bears S 88°18'45" W a distance of 348.44 feet; THENCE departing the north line of said Pecan Street, and continuing over and across said remnant Portion of Block 4 the following two (2) courses and distances: 1. N 01°29'12" W for a distance of 236.24 feet to a point for an angle point in the west boundary line hereof, 2. N 06°04'12" E for a distance of 123.95 feet to a point in the south boundary line of Lot 10, Heritage Center, a subdivision according to the plat of record in Cabinet F, Slides 294-295 of the Plat Records of said County, same being the north boundary line of said Remnant Portion of Block 4, for the northwest corner hereof; THENCE with the south boundary line of said Lot 10, same being the north boundary line of said Remnant Portion of Block 4, S 76°18'15" E for a distance of 15.13 feet to a point for the northeast comer hereof; THENCE departing the south boundary line of said Lot 10, over and across said Remnant Portion of Block 4, the following two (2) courses and distances: 2 of 3 McConico (Drainage Easement) 0.123 Acre Tract City of Round Rock Williamson County, Texas 1. S 06°04'12" W for a distance of 120.95 feet to a point for an angle point in the east boundary line hereof, 2. S 01°29'12" E for a distance of 235.20 feet to the POINT OF BEGINNING and containing 0.123 acres of land more or less. Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey performed November 2002. Based on an on -the -ground survey made under my direct supervision and shown on accompanying survey drawing. G R. David Strutton Registered Professional Land Surveyor No. 4312 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Sep /I1 Zo03 bated Job #0601-2-085-24 W:\PROJECTS\CORR\DOWNTOWN STREETS\METES AND BOUNDS\DRAINAGE EASEMENT-1.doc SKETCH TO ACCOMPANY DESCRIPTION LOT 10, HERITAGE CENTER CAB. F, SL. 294-295 SCALE 1' = 60' WILEY J-IARRIS SURVEY, AES I•RACT' l\J0. DRAINAGE EASEMENT 0.123 ACRES 5,372 SQ. FT fail) NUMBER LI L2 L3 v) O N 4'0 REMNANT PORTION OF BLOCK 4, STARKFIELD ADDITION CABINET A, SLIDE 203 SAVE AND EXCEPT A CALLED 0.103 ACRE TRACT DESCRIBED IN DOCUMENT NO. 9724998 0.P.R.W.C., TX IS 0.14 040 ski .lart \!! L3 / / / / Nor".. LOT 1, P. K DAD CAB. .:.II_ , SL. 52 1 - OT 2, P. K D Y SU CAB. N, SL. •� S 88°I8'45' W 348.44' MS O 15.00' BEARING DISTANCE S 88°18'45" W 15.00' S 76°18'15" E 15.13' (S 73°32' E) S 87051149" W [S 89°20' W] 99.99' (100.00'] • 1/2" IRON ROD FOUND O 1/2" IRON ROD WITH CAP SET L CALCULATED POINT ( ) RECORD BEARING & DISTANCE PER CAB. A, SL. 203 ( J RECORD BEARING & DISTANCE PER CAB. N, SL. 352 O O w • • �. -1111 ` t tND i:' N N W t_... �` REMNANT PORTION OF BLO 0 '" f IELD ADDITION CABINET A, 411,„.4%, "' i D EXCEPT A CALLED 0.103 IN DOCUMENT NO. 01 0 0.P.R.W.C., TX Al�I • • II "� 15.00' 10011 LI -S 88°18'45" W 132.22' I �-_�'_- ti1 l _� cj . W a:". S 88°18'45" W 495.66' Z . (N 88°55' W)1.2 V POINT OF / :11;'() BEGINNING I -2 SING& I, �`•MI D KINARD J CIRCLE NT • ,. (BY IU :LE P+. wQ,,, AVENUE D.C. V OF ATTORNEY (IIIDTH VARIES) 3 I VOL. 2238, 12 0 ISS • 3 Of N 0 - X - -0" -17 K 4, SLIDE _ . `• ACRE CT 172499 111 T.H. RI' _ PECAN STREET • GTO 02096 DOC. SECRET URBAN_ WAS DOC. NO. 94 1,1001 PUNIER I � Bearings are Grid Bearings based on City of Round Rock, Texas Control Points and GPS survey performed November 2002. DATE: JULY 8, 2003 JOB NO.: 0601-2-085-24 BY: TJR PAGE 3 OF 3 W:\PROJECTS\CORK\DOWNTOWN STREETS\DWG\EASEMENTS\DR4INAGE EASEMENT-l.dwg [PAGE 31 Sept°mb°r 18, 01 / kat f BEGINNING FOR REFERENC 20 PHI PS NO. 4265 • 10 BAKER-AICKLEN a ASSOCIATES. INC. ENGINEERS/SURVEYORS 2003 - 11:51°m DATE: February 6, 2004 SUBJECT: City Council Meeting — February 12, 2004 ITEM: 13.C.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 0.099 acres of land, and a drainage easement interest in 0.123 acres of land for the proposed Downtown Streets Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. Department: Legal Staff Person: Steve Sheets, City Attorney Justification: This ordinance will allow for the City Attorney to initiate eminent domain proceedings, if necessary, to acquire the necessary property interests so that the downtown streets improvement project can be completed. The construction of this project will accommodate new development and update public services the City. Funding: N/A Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Public Comment: N/A The acquisition of this 0.099 -acre tract and 0.123 acre drainage easement is necessary for the proposed Downtown Streets Improvement Project,