G-04-01-22-13D1 - 1/22/2004ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF A WATERLINE EASEMENT INTEREST
IN 0.434 ACRE, 0.142 ACRE, AND 0.582 ACRE ; GIVING NOTICE OF
OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO
CONSTRUCT AND MAINTAIN WATERLINE IMPROVEMENTS FOR
THE HIGHER EDUCATION CENTER 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
waterline improvements in the City of Round Rock at or near the
planned Higher Education Center, 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 0.434 acres (parcel 4), 0.142 acres (parcel
5), and 0.582 acres (parcel 6) of land in Williamson County, Texas,
as a waterline easement interest, said land more particularly
described in Exhibits "A", "B", and "C" (May 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.
@PFDesktop\::ODMA/WORLDOX!O:/WDOX/ORDINANC/040122D1.WPD/dc
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 waterline
improvements in the City of Round Rock and to acquire an easement
interest 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 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.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council memberspresent, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of JANuARy
, 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:
WELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
4
Page 1 of 3
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.434 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES
SURVEY, ABSTRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT
CALLED 6.00 ACRE TRACT OF LAND DESCRIBED BY DEED TO JOHN H. MAY AND WIFE,
GRACE JOSPHINE MAY, AS RECORDED IN VOLUME 604, PAGE 267 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS: SAID 0.434 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on a 'A" iron rod found in the southerly right-of-way line of Chandler Road (right-of-way width
varies), same being the most northeasterly corner of Lot 1 of the Laurel Ridge Section Eight Subdivision
as recorded in Cabinet S Slide 124 of the Plat Records of said County, same being the most
northwesterly comer of said 6.00 acre tract and the most northwesterly comer of the herein described
tract and the POINT OF BEGINNING hereof;
1. THENCE with said southerly right-of-way line, same being the most northerly boundary line of
said 6.00 acre tract, N 69°20'22" E for a distance of 625.08 feet to a'/z" iron rod found, being an
angle point in said southerly right-of-way line, same being the most northeasterly corner of said
6.00 acre tract and the most northeasterly comer of the herein described tract;
2. THENCE continuing with said southerly right-of-way line, same being the easterly boundary line
of said 6.00 acre tract, S 21°40'04" E at a distance of 8.28 feet pass a point being the most
northwesterly corner of a 1.91 acre remnant of a 146.54 acre tract land described as Tract One
by deed to the May Family. L.P. as recorded in Volume 2524, Page 754 of the Official Records Of
Williamson County, departing said southerly right-of-way line, continuing with the westerly
boundary line of said 1.91 acre remnant a total distance of 38.31 feet to the most southeasterly
comer of the herein described tract:
THENCE departing the westerly boundary line of said 1.91 acre remnant tract, through the
interior of said 6.00 acre tract the following (3) three courses and distances:
3. S 60°37'48" W for a distance of 12.98 feet to a calculated angle point hereof;
4. N 65°39'38" W for a distance of 11.65 feet to a calculated angle point hereof;
5. S 69°20'22" W for a distance of 604.00 feet to a calculated point in the easterly boundary line of
Lot 2 of said Laurel Ridge Section Eight Subdivision, same being the westerly boundary line of
said 6.00 acre tract and the most southwesterly corner of the herein described tract;
6. THENCE with the easterly boundary line of said Lot 2, same being the westerly boundary line of
said 6.00 acre tract, N 21°40'33" W at a distance of 5.01' feet pass an iron rod found being the
most southeasterly corner of said Lot 1, same being the most northeasterly corner of said Lot 2.
and continuing for a total distance of 30.00 feet to the POINT OF BEGINNING hereof and
containing 0.434 acre of land more or less.
Page 2 of 3
NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident
with and southerly of the above described courses labeled #3, 4, 5 (see sketch)
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.
M. S e hen 2fruesdale
1
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Assoc. LLC
206 W. Main St. Ste: 107
Round Rock, Tx. 78664
JohnMay.doc
007A/6 4..s3
Date
SCALE: 1" = 50'
P.0_B.
EXISTING R.O.W.
N 21°40'33" W
24.99'
LOT 1
5.01'
LOT 2
SKETCH TO ACCOMPANY DESCRIPTION
LEGEND
• I/2" IRON ROD FOUND UNLESS NOTED
- ' ' - APPROXIMATE SURVEY LINE
PROPERTY LINE
C/L CENTERLNE
R.O.W. RIGHT-OF-WAY
P.O.B. POINT OF BEGINNING
D.R.W.C.T. DEED RECORDS OF
CHANDLER ROAD
(RIGHT-OF-WAY WIDTH VARIES)
N 69°20'22" E
625.08'
8.25'
S 69°20'22" W
604.00'
_L.
1-
LOT 3
0
N
-tri -
(I) NOTES:
/�/
M. ST
N 21040'33" w
40' TEMPORARY
CONSTRUCTION EASEMENT
JOHN H. 81 GRACE JOSEPHINE MAY
VOL. 604, PG. 267 D.R.W.C.T.
6.00 AC.
LINE TABLE
NO. BEARING DISTANCE
LI S 69°37'48" W 12.98'
L2 N 65°39'38" W 11.65'
r \`
u.16 I. BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE
O SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES
E m aBASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
cj NAD 83, CENTRAL ZONE USING A COMBINED SURFACE
w ADJUSTMENT FACTOR OF 1.00012.
ix 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF
` A TITLE REPORT. THERE MAY BE EASEMENTS OR_.OTHER
J INSTRUMENTS PERTAINING TO THIS PROPERTY _THAT ARES'
NOT SHOWN HEREON.
HEN T
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
UESDALE
/vet' G z b G3
4 INLAND CIVIL
ASSOCIATES
J
PROFESSIONAL LAND SURVEYORS
206w. MAIN ST. ROUND ROCK, TX. 78664
P11. (S12) 238-1200, FAX (512) 238-1251
LI
EXISTING R.D.W.
S 21°40'04" E
38.31'
PERMANENT & TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
JOHN Si GRACIE JOSPHINE MAY
SHEET 3 OF 3
Page 1 of 3
EXHIBIT 1B
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.142 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES
SURVEY, ABSTRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT
REMNANT PORTION OF A 146.54 ACRE TRACT OF LAND DESCRIBED BY DEED TO THE
MAY FAMILY L. P., AS RECORDED IN VOLUME 2524, PAGE 754 OF THE OFFICIAL
PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS: SAID 0.142 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on a %" iron rod found being the intersecting point of the southerly right-of-way line of
Chandler Road (right-of-way width varies) and the westerly right-of-way line of Sandy Brook Drive ( right-
of-way width varies), same being the most northeasterly comer of said remnant tract and the most
northeasterly comer of the herein described tract and the POINT OF BEGINNING hereof;
1. THENCE departing said southerly right-of-way line, with the westerly right-of-way line of said
Sandy Brook Drive, same being the easterly boundary line of said remnant tract along a curve to
the right, having a radius of 20.00 feet, a central angle of 30°38'41", an arc length of 10.70 feet
and a chord which bears S 36°11'30" E for a distance of 10.57 feet to a W iron rod found on a
point of tangency of the herein described tract;
2. THENCE continuing with said westerly right-of-way line, same being the easterly boundary line of
said remnant tract, S 20°51'00" E for a distance of 19.83 feet to a point being the most
southeasterly corner of the herein described tract;
3. THENCE departing said westerly right-of-way line through the interior of said remnant tract, S
69°37'48" W for a distance of 205.63 feet to a point in the easterly boundary line of a 6.00 acre
tract of land as described by deed to John H. and wife Grace Josephine May as recorded in
Volume 604, Page 267 of the Official Records of said County, being the most southwesterly
corner of the herein described tract;
4. THENCE with the easterly boundary line of said 6.00 acre tract, same being the westerly
boundary line of said remnant tract, N 21°40'04" W for a distance of 30.01' feet to a point being
an angle point in the southerly right-of-way line of said Chandler Road, same being the most
northwesterly corner of the herein described tract, and from which an iron rod found being the
most northeasterly comer of said 6.00 acre tract bears N 21°40'04" W a distance of 8.30' feet;
5. THENCE departing the easterly boundary line of said 6.00 acre tract, with the southerly right-of-
way line of said Chandler Road, same being the northerly boundary line of said remnant tract, N
69°37'48" E for a distance of 203.26 feet to the POINT OF BEGINNING hereof and containing
0.142 acre of land more or Tess.
Page 2 of 3
NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident
with and southerly of the above described course labeled #3 (see sketch)
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.
S ep en ruesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Assoc. LLC
206 W. Main St. Ste: 107
Round Rock, Tx. 78664
Mayfamily.doc
zg03
Date
i
SCALE: 1" = 50'
SKETCH TO ACCOMPANY DESCRIPTION
CHANDLER ROAD
(RIGHT-OF-WAY WIOTH VARIES)
EXISTING R.O.W.
i
LEGEND
• I/2' IRON ROD FOUND UNLESS NOTED
-" • - APPROXIMATE SURVEY LINE
€ PROPERTY LINE
C/L CENTERLINE
R.O.W. RIGHT-OF-WAY
P.O.B. POINT OF BEGINNING
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY. TEXAS
P.O.B.
N 69°37'48" E
203.26'
S 20°51'00" E
19.83'
8.30'
N 21°40'4" W
30.01'
JOHN H. MAY &
GRACE JOSEPHINE MAY
VOL. 604, PG. 267
D.R.W.C.T. 6.00 AC.
ir-
0
0
2
S 69°37'48" W
/CONSTRUCTION
40' TEMPORARY
EASEMENT
205.63
MAY FAMILY L.P.
VOL. 2524, PG. 754 0.P.R.W.C. T.
REMNANT OF
146.54 AC.
No. Delta Angle Chord Direction
CI 30°38'41"
Radius
W
0
0
1)
0
N
0
Arc Length Chord Length
S36°11'30"E 20.00' 10.70'
NOTES:
I. 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.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF
A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE
NOT SHOWRE.0N.
M. S PHEN(TRUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
2 03
6 INLAND CIVIL°
ASSOCIATES
IVPROFESSIONAL LAND SURVEYORS
il 206 W. MAIN ST. ROUND ROCK, 1X. 78664
PH. (512) 238-1200, FAX (512) 238-1251
10.57'
PERMANENT & TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
MAY FAMILY L.P.
SHEET 3 OF 3
Page 1 of 2
EXHIBITCV
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.582 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES
SURVEY, ABSTRACT NO. 215, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A
REMNANT PORTION OF A 146.54 ACRE TRACT OF LAND DESCRIBED BY DEED TO THE
MAY FAMILY L. P., AS RECORDED IN VOLUME 2524, PAGE 754 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS: SAID 0.582 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on a '/z" iron rod found being the intersecting point of the southerly right-of-way line of
Chandler Road (right-of-way width varies) and the easterly right-of-way line of Sandy Brook Drive ( right-
of-way width varies), same being the most northwesterly corner of said remnant tract and the most
northwesterly comer of the herein described tract and the POINT OF BEGINNING hereof;
1. THENCE departing said easterly right-of-way line of Sandy Brook Drive, with the southerly right-
of-way line of said Chandler Road, same being the northerly boundary line of said remnant tract,
N 69°36'20" E for a distance of 1,012.19 feet to a point being the most northwesterly comer of a
265.00 acre tract of land described by Deed to the Avery Ranch Company LTD, as recorded in
Document 20000455898 of the Official Records of said County, same being the most
northeasterly corner of said remnant tract and the most northeasterly corner of the herein
described tract;
2. THENCE departing said southerly right-of-way line, with the westerly boundary line of said 265.00
acre tract, same being the easterly boundary line of said remnant tract, S 17°11'43" E for a
distance of 25.04 feet to a point being the most southeasterly comer of the herein described tract;
3. THENCE departing the westerly boundary line of said 265.00 acre tract, through the interior of
said remnant tract, S 69°36'20" W for a distance of 1013.16 feet to a point in the easterly right-of-
way line of said Sandy Brook Drive, same being the westerly boundary line of said remnant tract,
being the most southwesterly corner of the herein described tract
4. THENCE with the easterly right-of-way tine of said Sandy Brook Drive, same being the westerly
boundary line of said remnant tract, N 20°53'04" W for a distance of 15.15' feet to a point of
curvature;
5. THENCE continuing with said easterly right-of-way line, same being the westerly boundary line of
said remnant tract along a curve to the right, having a radius of 20.00 feet, a central angle of
29°08'20", an arc length of 10.27 feet and a chord which bears N 06°10'45" W for a distance of
10.16 feet to the POINT OF BEGINNING hereof and containing 0.582 acre of land more or Tess.
NOTE: This easement is accompanied by a 40' wide temporary construction easement being coincident
with and southerly of the above described courses labeled #3 (see sketch).
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.
/,".-
M. Stephen Triesdale
Date
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Assoc. LLC
206 W. Main St. Ste: 107
Round Rock, Tx. 78664
Mayfamily2.doc
SCALE: 1" = 50'
A. 29°08'20"
R = 20.00'
L =1027'
CB= N06°I0'45"W
C =10.16'
P.O.B.
SKETCH TO ACCOMPANY DESCRIPTION
CHANDLER ROAD
(RIGHT-OF-WAY WIDTH VARIES)
N 69°36'20" E
LEGEND
• 1/2" IRON ROD FOUND UNLESS NOTED
. ' - APPROXIMATE SURVEY LINE
PROPERTY LINE
C/L CENTERLINE
R.O.W. RIGHT-OF-WAY
P.0.0.
POINT OF BEGINNING
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
1012.19'
N 20°53'04" W
15.15'
(S3INVA Moa)
3/1121a )IOO218 AONVS
EXISTING R.O.W.
S 17°11'43" E
25.04'
S 69°36'20" W
40' TEMPORARY
CONSTRUCTION EASEMENT
1013.16'
MAY FAMILY L.P.
VOL. 2524, PG. 754 0.P.R.W.C.T.
146.54 AC.
NOTES:
1. 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.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF
A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO SIS PROPERTY THAT ARE
NOT SHOWN HliREON.
•
M. STEPHEN RUESDALE'
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
AVERY RANCH
COMPANY LTD
DOC. 20000455898
265.00 AC.
INLAND CIVIL-
ASSOCIATES
PROFESSIONAL LAND SURVEYORS
206 W. MAIN ST. ROUND ROCK, TX. 78664
PH. (512) 238-1200, FAX (512) 238-1251
PERMANENT & TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
MAY FAMILY L.P.
SHEET 2 OF 2
DATE: January 16, 2004
SUBJECT: City Council Meeting - January 22, 2004
ITEM: 13.D.1. Consider an ordinance determining the public necessity for the
acquisition of a waterline easement interest in 0.434 acres,
0.142 acres, and 0.582 acres of land for the proposed Higher
Education Center waterline improvement project, and if
necessary, authorizing the City Attorney to initiate eminent
domain proceedings. (May Tract) (First Reading)
Resource: Steve Sheets, City Attorney
Don Childs
History: This ordinance will allow for the City Attorney to initiate eminent domain
proceedings to acquire the necessary property interests from the May family
so that the Higher Education Center waterline project can be constructed.
The construction of this project will accommodate new development and
public services in the northeast quadrant of the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Impact: Increased public services in the northeast quadrant of the City.
Benefit: N/A
Public Comment: N/A
Sponsor: N/A
1