G-04-03-25-13C2 - 3/25/2004ORDINANCE NO. l7- 01- ` L9 -o) oG' o j
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF 1.051 ACRE, AND A
WATERLINE EASEMENT ACQUISITION IN .175 ACRE; GIVING
NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID
PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR
THE HIGHWAY 79 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 Highway 79 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 1.051 acres (parcel 10), and an
easement interest in approximately .175 of land in Williamson
County, Texas, said land more particularly described in Exhibits
"A -B" (Thomison 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/040325C2.WPD/djc
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
said Project, and to perform and undertake all other proceedings
necessary to complete the acquisition of the Property.
2
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
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.
corrected
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
open
this
Ordinance was adopted was posted and that such meeting was
to the public as required by law at all times during which
Ordinance and the subject matter hereof were discussed,
3
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 (9k..) —day
of LMA,/C, 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:
&y..) e
, 2004.
NY iso'" ELL, ayo
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
4
County:
Highway:
Limits:
CSJ No:
Account No:
Williamson
U.S. 79
From: West of FM -1460
To: East of FM -1460
0204-01-055
8014-2-29
PROPERTY DESCRIPTION FOR PARCEL 10
Page 1 of 3
DESCRIPTION OF 1.051 ACRES OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY NO. 9, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS
3.0 ACRES IN THAT WARRANTY DEED TO AARON THOMISON AND WIFE, BRENDA THOMISON, DATED
NOVEMBER 30, 1993, RECORDED IN VOLUME 2422, PAGE 420, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 1.051 -ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY
PLAT FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 -inch iron rod set with aluminum cap stamped "Texas Dept of Tran", being the intersection of
the north line of the proposed right-of-way of U.S. Highway No. 79 and the west line of the said 3.0 -acre Thomison
tract, being the east line of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman,
dated February 10, 1989, recorded in Volume 1755, Page 329, Official Records of Williamson County, Texas, said
point being 64.00 feet left of proposed survey baseline station 210+38.16, and being the northwest corner of the
herein described 1.051 -acre tract, from which a Point for Reference, being a 1/2 -inch iron rod found at the northwest
corner of the said 3.0 -acre Thomison tract and the northeast corner of the said 15.99 -acre Cressman tract, bears
N01 °54'40"W, a distance of 292.44 feet;
1. THENCE leaving the said west line of the 3.0 -acre Thomison tract and east line of the 15.99 -acre Cressman
tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 3.0 -
acre Thomison tract, N63°37'23"E, a distance of 507.91 feet to a Texas Department of Transportation Type II
Monument set on the east line of the said 3.0 -acre Thomison tract, being the west line of that tract of land
described as 0.73 acres in that warranty deed to Adeline Geistman, dated October 1, 1981, recorded in Volume
854, Page 429 of the Deed Records of Williamson County, Texas, the said point being 64.00 feet left of
proposed survey baseline station 215+46.08, from which a Point for Reference, being a 1/2 -inch iron rod found
at the northeast corner of the said 3.0 -acre Thomison tract and the northwest corner of the said 0.73 -acre
Geistman tract, bears N01 °56'23"W, a distance of 74.60 feet;
2. THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with the said east line
of the 3.0 -acre Thomison tract and west line of the 0.73 -acre Geistman tract, S01 °56'23"E, passing at a
distance of 98.69 feet a 1/2 -inch iron rod found, in all a total distance of 98.96 feet to a point on the north line of
the existing right-of-way of U.S. Highway No. 79 (100 -foot wide), being the southeast comer of the said 3.0 -acre
Thomison tract, and being the southwest corner of the said 0.73 -acre Geistman tract;
3. THENCE leaving the said east line of the 3.0 -acre Thomison tract and west line of the 0.73 -acre Geistman tract,
with the said north line of the existing right-of-way of U.S. Highway No. 79, being the south line of the said 3.0 -
acre Thomison tract, S63°36'48"W, a distance of 508.01 feet to a point, being the southwest corner of the said
3.0 -acre Thomison tract, and being the southeast corner of the said 15.99 -acre Cressman tract, from which a
1/2 -inch iron rod found bears S01°54'40"E, a distance of 0.36 feet;
4. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the
3.0 -acre Thomison tract, with the said west line of the 3.0 -acre Thomison tract and east line of the 15.99 -acre
Cressman tract, N01 °54'40"W, a distance of 99.08 feet to the POINT OF BEGINNING and containing 1.051
acres of land, more or Tess.
T:\Tech1\TxDOTGenerall050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-226_P10.ay.doc February 13, 2003
County:
Highway:
Limits:
CSJ No:
Account No:
Williamson
U.S. 79
From: West of FM -1460
To: East of FM -1460
0204-01-055
8014-2-29
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
Page 2 of 3
That I, John Strawbridge, 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 is based
upon a on the ground survey compiled during October, 2001.
WITNESS MY HAND AND SEAL at Austin, Travis County, Tex this the 1 th day of February, 2003 A.D.
Carter & Burgess, Inc.
2705 Bee Cave Rd., Ste. 300
Austin, Texas 78746
John Strawbridge
Registered Professional Land Surveyor
No. 4283 - State of Texas
T:\Techl\TxDOTGenera11050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-226_P10.ay.doc February 13, 2003
co_
U
Z
m
cn
La 0) W Q
ix le)ogi
ZaLai I()
> vi 0
Q IA >- POINT OF BEGINNING
r" Z PARCEL 10
Q 210+38.16
0 64.00' Lt
> Q N-10164924.224
E=3145072.557
. N.T.S
"RIOR A. HOLDER SUR
ABSTRACT 29
AARON THOMISON AND WIFE,
BRENDA THOMISON
V0L.2422, PG.420, O.R.W.C.
WARRANTY DEED: NOV. 30, 1993
3.0 AC.
1.051 AC.
45785 SQ.FT.
EY NO.9
c. O
1,n •
N 5
z
215.46.08
64.00' Lt
Page Sof.5
ADEUNE GEISTMAN
V0L854, PG.429, D.R.W.C.
---`.ARRANFi—BEElk
OCT. 1, 1981
0.73 AC.
o TO BE ACQUIRED FOR
BY CITY
ROUND R
i AWWI
REC
off'/
LEGEND
TXD.O.T. TYPE 1 MONUMENT SET
0 1/2' IRON ROD SET WITH TXD.O.T. ALUMINUM
GIP STAMPED 'TEXAS DEPT OF TRAM'
• IRON ROD FOUND (1/2', OR AS NOTED)
OFFICIAL RECORDS OF
W IUUMSON COUNTY, TEXAS
DEED RECORDS OF
WIILNMSON COUNTY, TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W. RIGHT—OF—WAY
57210'W COURSES & STATIONS
123+45 FROM TX.D.0.T. RECORDS
O.R.W.C.
D.R.W.C.
TX.D.O.T.
(so2o'on-7)
(123.45)
1 SJ' 1
GRAPHIC SCALE
CarterSurgess
2705 Bee Cave Road
Suite 300
Austin, Texas 78746
Phone:512.314.3100 Fox:512.328.6672
312111.o_—b.com
® Copyright 2002 Carter & Burgess. Inc.
COURSES FROM ADJOINING
PROPERTY RECORDS
GUARD RAIL
FENCE UNE
PROPERTY UNE
CENTERUNE
PARCEL NUMBER FOR
R.O.W. ACQUISRION
res:
1. ALL BEARINGS AND COORDINATES SHOWN a .a, ARE BASED UPON
THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, CENTRAL ZONE.
ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES ALL
COORDINATES WERE ADJUSTED FROM STATE PLJMNE GRID TO PROJECT
SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085.
REFERENCE Tx.D.o.T. CONTROL POINT N2460044, PROJECT SURFACE
COORDINATE: N-10163548.214, E-3142527.910.
2. THIS SURVEY WAS PERFORMED WTITDUT THE BENEFIT OF A TIRE
REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO MIS PROPERTY THAT ME NOT SHOWN HEREON.
3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED
RaATIVE TO 111E PROPOSED SURVEY BASELINE OF US HIGHWAY 79.
ALL
JOFFSETS ARE MEASURED AT RIGHT ANGLES TO SND SURVEY
BASO
4. ROANNDER AREAS SHOWN IN THE TABLE ARE CALCULATED BY
SUBTRACTING THE R.O.W. ACQUISITION FROM THE RECORD DEED
ACREAGE
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER ANO SUPERVISION. AND IS TRUE AND CORRECT
TO OF MY • a.. AND BELIEF.
REGISTERED PROFESSIONAL
STATE OF TEXAS N0. 4283
?y//.NAT
GATE
RIGHT—OF—WAY PLAT SHOWING PROPERTY OF
AARON AND BRENDA THOMISON
DATE
OCTOBER 2001
PARCEL
NUMBER
10
SCALE
1" = 100'
Tx.D.O.T. PROJECT
US HIGHWAY 79
DISTRICT
14
ACQUISITION
ACRES
1.051
SQUARE FEET
45785
ACCOUNT NO.
8014-2-29
C. S. J. NO.
0204-01-055
COUNTY
WI WAMSON
DEED AREA
3.0
REMAINDER AREA
1.9
T:\Techl\TxDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-226 P10.dwg, 3 of 4, 2003/02/13 03:07 p, SchreiberKL, CB Austin Survey
City of Round Rock
15' Water Line Easement
Page 1 of 3
PROPERTY DESCRIPTION FOR 15' WATER LINE EASEMENT
DESCRIPTION OF 0.175 ACRE (7619 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY
NO. 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED AS 3.0 ACRES IN THAT WARRANTY DEED TO AARON THOMISON AND WIFE, BRENDA
THOMISON, DATED NOVEMBER 30, 1993, RECORDED IN VOLUME 2422, PAGE 420, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 0.175 ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING
SKETCH FOR THIS EASEMENT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 -inch iron rod set with aluminum cap stamped "Texas Dept of Tran", being the intersection of
the north line of the proposed right-of-way of U.S. Highway No. 79 and the west line of the said 3.0 -acre Thomison
tract, being the east line of that tract of land described as 15.99 acres in that warranty deed to Marvin Cressman,
dated February 10, 1989, recorded in Volume 1755, Page 329, Official Records of Williamson. County, Texas, from
which a Point for Reference, being a 1/2 -inch iron rod found at the northwest corner of the said 3.0 -acre Thomison
tract and the northeast corner of the said 15.99 -acre Cressman tract, bears N01 °54'40' W, a distance of 292.44 feet;
THENCE with the said west line of the 3.0 -acre Thomison tract and east line of the 15.99 -acre Cressman tract,
N01 °54'40"W, a distance of 16.48 feet to a point;
THENCE leaving the said west line of the 3.0 -acre Thomison tract and east line of the 15.99 -acre Cressman tract,
over and across said 3.0 -acre Thomison tract, N63°37'23"E, a distance of 507.91 feet to a point in the east line of the
said 3.0 -acre Thomison tract, and the west line of that tract of land described as 0.73 acres in that warranty deed to
Adeline Geistman, dated October 1, 1981, recorded in Volume 854, Page 429 of the Deed Records of Williamson
County, Texas;
THENCE with the said east line of the 3.0 -acre Thomison tract and west line of the 0.73 -acre Geistman tract,
S01 °56'23"E, a distance of 16.48 feet to a point in the said north line of the proposed right-of-way of U.S. Highway
No. 79;
THENCE leaving the said east line of the 3.0 -acre Thomison tract and west line of the 0.73 -acre Geistman tract, with
the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across said 3.0 -acre Thomison
tract, S63°37'23"W, a distance of 507.91 feet to the POINT OF BEGINNING and containing 0.175 acre of land, more
or Tess.
T:\Tech1\TXDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\PD03-013.KS.doc February 14, 2003
City of Round Rock
15' Water Line Easement
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
Page 2 of 3
That I, John Strawbridge, 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 is based
upon a on the ground survey compiled during October, 2001.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 14t
Carter & Burgess, Inc.
2705 Bee Cave Rd., Ste. 300
Austin, Texas 78746
ay of February, 2003 A.D.
John Strawbr e
Registered Professional Land Surveyor
No. 4283 - State of Texas
T:\Techl\TxDOTGeneral\050098_TxDoT US79-RR_RoW-Pian\Fnotes\PD03-013.KS.doc
February 14, 2003
PRIOR A. HOLDER SURVEY N0.9
ABSTRACT 297
Page 3 of 3
MARVIN CRESSMAN
VOL1755, PG.329, O.R.W.C.
WARRANTY DEED: FEB. 10. 1989
15.99 AC.
N01'54.40'W
16.48'
NO1'56'23'W 74.60'
COUNTY ROAD 195
AARON THOMISON AND WIFE,
BRENDA THOMISON
VOL.2422, PG.420, O.R.W.C.
3.0 AC.
S01'56.23'E
16.48' ® ADELINE GEISTMAN
0\V0L.854, PG.429, D.R.W.C.
601
POINT OF BEGINNING
LEGEND
G TX.D.O.T. TYPE II MONUMENT SET
O 1/2' IRON ROD SET WITH TX.D.O.T. ALUMINUM
CAP STAMPED 'TEXAS DEPT OF TRAM'
• ��(12'. OR AS NOTED)
RECORDS OF
PALL/MASON COUNTY, TEXAS
DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS
TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W. RIGHT—OF—WAY
O.R.W.C.
D.R.W.C.
GRAPHIC SCALE
.•
19
`GN•HP R,sl
ASN?.P
lit o'
1. ALL BEARINGS AND COORDINATES SHOW HEREON ME BASED UPON
THE TOMS STATE PLANE COORDINATE SYSTEM. NA063, CENTRAL ZONE
AL. DISTANCES SHOWN HEREON ARE SURFACE DISTANCES. ALL
COORDINATES WERE ADJUSTED FROM STATE PLANE GRD TO PROJECT
SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000055.
REFERENCE Tx.D.o.T. CONTROL. POINT /12460044, PROJECT SURFACE
COORDINATE: 1410163545.214. E -3142527J10.
2. THIS SURVEY WAS PERFORMED WITHOUT 1HE WEST OF A TITLE
REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS
PER MNMIG TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION , . SUPERVISION, AMI IS TRUE AND CORRECT
W/, AND BEEF.
ide
�i G-,'
REGISTERED PROFESSIONAL
STATE OF TONS NO. 4253
VIOL
SKETCH to ACCOMPANY DESCRIPTION No. PD03-013
Carter®Burgess
Consultants in Surveying,
Engineering, Architecture,
Construction Management,
and Related Services
Carter & Burgess, Inc.
2705 Else Caw Road
Suits 300
Austin, Texas 78746
Phonx 512.314.3100
Fax: 512.328.6672
ww.c-6.mm
T:\Techl\TxDOTGeneral\050098_TxboT_U579-RR_RoW-Plan\Fnotes\PD03-013.dwg, 3 of 4, 2003/02/13 03:32 p, SchreiberKL, CB Austin Survey
0 Copyright 2002 Cortex h Burge.. Inc.
DATE:
SUBJECT:
ITEM:
Department:
Staff Person:
March 19, 2004
City Council Meeting - March 25, 2004
13.C.2. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in 1.051 acres of land, and a
waterline easement interest in .175 acre of land for the proposed
Highway 79 Improvement Project, and if necessary, authorizing the
City Attorney to initiate eminent domain proceedings. (Thomison
parcel) (First Reading)
Legal
Steve Sheets, City Attorney
Don Childs
Justification: This ordinance will increase mobility in the City.
Funding:
Cost: N/A
Source of funds:
Outside Resources:
Background Information:
Round Rock Transportation System Development Corporation
Sheets & Crossfiels, P.C.
Public Comment: N/A
This ordinance will allow for the City Attorney to initiate
eminent domain proceedings to acquire the necessary
property interests so that the Highway 79 improvement
project can be constructed. The construction of this project
will accommodate increased mobility in the City.