G-04-04-22-13D2 - 4/22/2004ORDINANCE NO. g_ 04- oi_/a - /3 D02
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF 1.20 ACRES; GIVING
NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID
PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR
THE A.W. GRIMES 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 A.W. Grimes 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 1.20 acres (parcel 2), of land
in Williamson County, Texas, said land more particularly described
in Exhibit "A" (Cirkiel parcel) 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
partiesof 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.
nd
READ, PASSED, and ADOPTED on first reading this - day
of 01011W1/41) 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:
WEL , Ma . r
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
4
y
Ex. A
Martin J. Cirkiel and Pamela Cirkiel
1.20 Acre Right -Of -Way Tract
P.A. Holder Survey A-297
Williamson County, Texas
FN 2940 (ALG)
May 15, 2003
SAM, Inc. Job No. 23103-20
DESCRIPTION OF A 1.20 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT
NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 BLOCK A OF THE FINAL PLAT
FOR CIRKIEL COMMONS, A SUBDIVISION OF RECORD IN CABINET P, SLIDE 230 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A CALLED 5.84 ACRE TRACT OF LAND
DESCRIBED IN THE DEED TO MARTIN J. CIRKIEL AND PAMELA CIRKIEL AS RECORDED IN VOLUME
589, PAGE 291 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 1.20 ACRE TRACT OF
LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 3 -inch iron pipe found in the south Right -Of -Way (ROW) line of U.S. Highway 79 (varying
width ROW) for the northwest corner of said Lot 1;
THENCE with said south ROW line, same being the north line of said Lot 1, N 79° 27' 07" E, a distance of 155.00
feet to a concrete monument set for the northwest comer of the tract described herein and the POINT OF
BEGINNING;
THENCE continuing with said common line N 79° 27' 07" E, a distance of 57.45 feet to a 1 -inch iron pipe found for
the northeast corner of said Lot 1, being the northeast corner of the tract described herein, and being the northwest
corner of a called 6.293 acre tract of land as described in the deed to M & M Equities IV, Inc. as recorded in
'4 Document No. 199963931 of the Official Public Records of Williamson County, Texas, from which a PK nail with a
shiner found in said south ROW line bears N 79° 27' 07" E, a distance of 517.02 feet;
-4 THENCE leaving said ROW line and with the common line of said Lot 1, said 6.293 acre tract and a called 5.631
acre tract of land as described in the deed to M & M Equities IV, Inc. as recorded in Document No. 199963931 of the
Official Public Records of Williamson County, Texas, the following four (4) courses and distances:
1. S 02° 52' 51" E, a distance of 751.02 feet to a 1/2 -inch iron rod found for an angle point,
2. S 12° 26' 26" W, a distance of 105.31 feet to a 1/2 -inch iron rod found for an angle point,
3. S 19° 06' 37" W, a distance of 215.06 feet to a 1/2 -inch iron rod with a plastic cap set, and
4. S 11° 53' 09" W, a distance of 56.97 feet to a 1/2 -inch iron rod with a plastic cap set for the southeast corner
of the tract described herein;
THENCE leaving said common line and crossing through the interior of said Lot 1, the following thirteen (13)
courses and distances:
1. with the arc of a curve to the right a distance of 59.07 feet, through a central angle of 72° 00'32", having a
radius of 47.00 feet, and whose chord bears N 36° 55' 53" W, a distance of 55.26 feet to a concrete
monument set for a point of compound curvature,
2. with the arc of a curve to the right a distance of 149.48 feet, through a central angle of 10° 18' 28", having a
radius of 830.90 feet, and whose chord bears N 04° 13' 37" E, a distance of 149.28 feet to a concrete
monument set for a point of compound curvature,
3. with the arc of a curve to the right a distance of 48.62 feet, through a central angle of 59° 16' 05", having a
radius of 47.00 feet, and whose chord bears N 39° 00' 53" E, a distance of 46.48 feet to a concrete
monument set for a point of tangency,
Page 1 of 3
Martin J. Cirkiel and Pamela Cirkiel
1.20 Acre Right -Of -Way Tract
P.A. Holder Survey A-297
Williamson County, Texas
FN 2940 (ALG)
May 15, 2003
SAM, Inc. Job No. 23103-20
4. N 68° 38' 56" E, a distance of 24.41 feet to a 1/2 -inch iron rod with a plastic cap set,
5. N 08° 38' 56" E, a distance of 80.09 feet to a concrete monument set for a point of curvature,
6. with the arc of a curve to the left a distance of 144.30 feet, through a central angle of 12° 09
radius of 679.70 feet, and whose chord bears N 02° 34' 00" E, a distance of 144.03 feet
monument set for a point of tangency,
' 51", having a
to a concrete
' 04", having a
to a concrete
14", having a
to a concrete
53", having a
to a concrete
18", having a
to a concrete
7. N 03° 30' 55" W, a distance of 251.23 feet to a concrete monument set for a point of curvature
8. with the arc of a curve to the right a distance of 139.37 feet, through a central angle of 08° 00
radius of 998.00 feet, and whose chord bears N 00° 29' 07" E, a distance of 139.25 feet
monument set for a point of tangency,
9. S 85° 30' 51" E, a distance of 10.00 feet to a concrete monument set for a point of curvature,
10. with the arc of a curve to the right a distance of 51.80 feet, through a central angle of 03° 00'
radius of 988.00 feet, and whose chord bears N 05° 59' 16" E, a distance of 51.79 feet
monument set for a point of reverse curvature,
11. with the arc of a curve to the left a distance of 176.11 feet, through a central angle of 14° 34'
radius of 692.00 feet, and whose chord bears N 00° 11' 56" E, a distance of 175.64 feet
monument set for a point of compound curvature,
12. with the arc of a curve to the left a distance of 10.56 feet, through a central angle of 12° 36'
radius of 48.00 feet, and whose chord bears N 13° 23' 39" W, a distance of 10.54 feet
monument set for a point of tangency, and
13. N 69° 47' 34" W, a distance of 39.43 feet to the POINT OF BEGINNING and containing
land, more or less.
1.20 acres of
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
That I, C. M. Solomon, 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 during December 2000.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 8th day of September 2003 A.D.
SURVEYING AND MAPPING, Inc.
5508 West Highway 290, Building B
Austin, Texas 78735
Page 2 of 3
C. M. Solomon
Registered Professional Land S
No. 5734 - State of Texas
LINE TABLE
LINE" NO.
BEARING
L NCE
L1
N79° 27'07"E
57.45'
L2
S12° 26'26"W
105.31'
L3
S11° 53'09"W
56.97'
L4
N68° 38'56"E
24.41'
L5
N08° 38'56"E
80.09'
L6
S85° 30'51"E
10.00'
L7
N69° 47'34"W
39.43'
c1
A-72° 00'32"
R-47.00'
L -59.07'
T-34.15'
CB -N36° 55'53"W
C-55.26'
C3
0.59° 16'05"
R-47.00'
L-48.62'
T-26.74'
CB -N39° 00'53"E
C-46.48'
C5
A-08° 00'04"
R-998.00'
L-139.37'
T-69.80'
CB -N00° 29'07"E
C-139.25'
C6
A-03° 00'14"
R-988.00'
L-51.80'
T-25.90'
CB -N05° 59'16"E
C-51.79'
C2
A-10° 18'28"
R-830.90'
L-149.48'
T - 74.94'
rE
CB -N04° 13'37"E N79550O'
C-149.28' `o L7
I3oC. SEE
DETAIL
P.A. HOLDER SuRVEY A-297
N
U.S.
141(7‘4\114(
N79•=7..=.02'
C4
A-12° 09'51"
R-679.70'
L -144.30'
T-72.42'
CB-NO2° 34'00"E
C-144.03'
P.O.B.
1
LOT 1 BLOCK A
FINAL PLAT FOR
CIRKIEL COMMONS
CAB. P, SL. 230
P.R.W.C.TX.
MARTIN J. CIRKIEL ANDI
PAMELA CIRKIEL
CALLED 5.84 ACRES
VOL. 589, PG. 291
D.R.W.C.TX.
C7
A•14° 34'53"
R-692.00'
L -176.11'
T-88.53'
CB -N00° 11'56"E
C-175.64'
NOTES,
C8
A•12° 36'18"
R-48.00'
L -10.56'
T-5.30'
CB -N13° 23'39"W
C-10.54'
/
/
SEE
DETAIL 'A
0
" IPF
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
DETAILS ARE NOT DRAWN TO SCALE.
L4
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1
0 100
200
SEPTEMBER 2003
P.A. HOLDER SURVEY A-297
WILLIAMSON COUNTY, TEXAS
SCALE 1"•200'
1 M & M EQUITIES IV, INC.
CALLED 6.293 ACRES
I DOC. NO. 199963931
0.P.R.W.C.TX.
DETAIL 'A'
DETAIL 'B'
NOT TO SCALE
M & M EQUITIES IV, INC.
CALLED 5.631 ACRES
DOC. NO. 1999963931 /
0.P.R.W.C.TX.
/
/ �P�`G/
`10/
NOT TO SCALE
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE x
GROUND AND THAT THIS PLAT IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
C. M. SOLOMON
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5734, STATE OF TEXAS
s
SURVEYING -AERIAL MAPPING -ENGINEERING
2-8-03
-03
DATE
INC. 5508 West Highway 290, Building B
Austin. Texas 78735
(512) 447-0575
Fax: (512) 326-3029
LEGEND
A PK NAIL W/SHINER FOUND
O° r IRON PIPE FOUND UNLESS NOTED
%i" IRON ROO WITH A PLASTIC CAP SET
I] CONCRETE MONUMENT SET
A CALCULATED POINT
• %t" IRON ROO FOUND W/ CAP UNLESS NOTED
1 RECORD NFORMATION
P.O.B. PONT OF BEGINNING
P.oc. PONT OF COMMENCING
wr MON ROO FOUND
PF RON PIPE FOUND
OPR.w.C.T.. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY, TEXAS
OR.r.C.T.. OFFICIAL RECORDS WLLIAMSON COUNTY, TEXAS
PR.w.C.T.. PLAT RECORDS WLLIAMSON COUNTY, TEXAS
ORJ.C.T.. DEED RECORDS WLLIAMSON COUNTY. TEXAS
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
MARTIN J. CIRKIEL AND
PAMELA CIRKIEL
PAGE 3 OF 3
REF. FIELD
NOTE NO. 2940
l
DATE: April 16, 2004
SUB3ECT: City Council Meeting - April 22, 2004
ITEM: 13.D.2. Consider an ordinance determining the public necessity for
the acquisition of a fee simple interest in 1.20 acres of land
for the proposed A.W. Grimes Improvement Project, and if
necessary, authorizing the City Attorney to initiate eminent
domain proceedings. (Cirkiel parcel) (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
3ustification: This ordinance will increase the mobility in the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information:
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 A.W. Grimes
improvement project can be constructed. The
construction of this project will accommodate
increased mobility to the City.