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G-04-04-22-13D3 - 4/22/2004ORDINANCE NO. 014- 0`1- L - /SD 3 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.1988 ACRE; 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 0.1988 acre (parcel 6), of land in Williamson County, Texas, said land more particularly described in Exhibit "A" (Carlin 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. .aPFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/040422D3.WPD/djc 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. H. 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. nct READ, PASSED, and ADOPTED on first reading this ,AO" day 61of , 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: , 2004. WE , Ma.o City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 4 0.1988 Acre Right -of -Way (8660 Square Feet) P.A. Holder Survey A-297 Williamson County, Texas FN 2098R2 (MLQ) April 1, 2003 SAM, Inc. Job No. 23103-20 DESCRIPTION OF A 0.1988 ACRE TRACT (8660 SQ. FT.) OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.83 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DAVID L. CARLIN AND WIFE, MARY C. CARLIN AS RECORDED 1N VOLUME 1155, PAGE 286 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.1988 ACRE TRACT (8660 SQ. FT.) OF LAND AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found for an angle point in a common line of the remainder of a called 27.61 acre tract of land described in the deed to Sycamore Trail, LTD. as recorded in Document No. 2001007249 of the Official Public Records Williamson County, Texas and said 4.83 acre tract; THENCE with said common line, N 37° 50' 50" E, a distance of 157.61 feet to a 1/2 -inch iron rod with "SAM, INC." plastic cap set for the POINT OF BEGINNING; THENCE leaving said common line and crossing said 4.83 acre tract the following two (2) courses and distances: 1. N 25° 50' 49" W, a distance of 55.56 feet to a brass disk in concrete set for a point of curvature, and 2. with the arc of a curve to the right 119.75 feet through a central angle of 08° 40' 59", having a radius of 790.20 feet, and whose chord bears N 21° 30' 19" W, a distance of 119.64 feet to a 1/2 -inch iron rod with "SAM, INC." plastic cap set in the north line of said 4.83 acre tract, same being the south line of a called 5.631 acre tract of land described in the deed to M&M Equities IV, Inc. as recorded in Document No. 1999633931 of the Official Public Records Williamson County, Texas, from which a 1/2 -inch iron rod found for a point of curvature in the south line of the Missouri Pacific Railroad Right -of -Way (a 100 foot wide ROW), as found monumented and occupied on the ground, bears, N 71° 37' 47" W, a distance of 3.83 feet to a calculated point, and S 53° 39' 45" W, a distance of 405.16 feet; THENCE with the common line of said 4.83 and 5.631 acre tracts, S 71' 37' 47" E, a distance of 126.18 feet to a calculated point for the northeast corner of said 4.83 acre tract, same being the northwest corner of said 27.61 acre tract; Page 1 of 3 1 EXHIBIT ((Am 0.1988 Acre Right -of -Way (8660 Square Feet) P.A. Holder Survey A-297 Williamson County, Texas FN 2098R2 (MLQ) April I, 2003 SAM, Inc. Job No. 23103-20 THENCE leaving said common line with the common line of said 4.83 and 27.61 acre tracts the following three (3) courses and distances: 1. S 23° 41' 52" W, a distance of 113.97 to a 1/2 -inch iron rod found, 2. S 14° 49' 00" W, a distance of 15.11 feet (called S 17° 00' 30" W, a distance of 15.07 feet in Volume 1155, Page 286 of the Official Records Williamson County, Texas) to a 1/2 -inch iron rod found, and 3. S 37° 50' 50" W, a distance of 3.27 feet to the POINT OF BEGINNING and containing 0.1988 acre (8660 sq. ft.) of land, more or less. 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, Michael R. Hatcher, 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 2001 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 2nd day of April 2003 A.D. SURVEYING AND MAPPING, Inc. 4029 Capital Of Texas Hwy., So. Suite 125 Austin, Texas 78704 Page 2 of 3 Mic ael R. Hatcher Registered Professional Land Surveyor No. 4259 - State of Texas 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 8Y DOUG ANDERSON, RPLS, SURVCON, INC. L1 N71'37'47"W 3.83' L2 S37'50'50"W 3.27' C1 A=08'40'59" R=790.20' L=119.75' T=59.99' CB=N2110'19"W C=119.64' LEGEND ntis) Gr CP OC `.\O L1 £a. 7 CALLED 4.83 ACRES DAVID L. CARLIN AND WIFE, MARY C. CARLIN VOLUME 1155, PAGE 286 0. R. W.C. TX. L CALCULATED POINT O BRASS DISK IN CONCRETE SET O 1/2" IRON ROO WITH "SAM, INC." PLASTIC CAP SET 1/2" IRON ROD FOUND • (UNLESS NOTED) O.P.R. T. C. Tx. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS Q.R. T.C. Tx. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.O.B. POINT—OF—BEGINNING P.O.C. POINT—OF—COMMENCING ( ) RECORD INFORMATION Sic • e I CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND AND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE A CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MICH EL R. HAT E ODDATE REGI TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS /ROAM ARTEIIAL. A AS MRMEk 13103-20 OATS: AMR 1,2003 suovrro1A; wow ►ARV DHFR NA ,1EE00000r NA r.120110,2EIELDNDTEr TECHNICIAN: IAA DRAWINOG )112000R2.17Nf SCALL: r=36- 1 30 20 10 0 30 GRAPHIC SCALE SCALE : 1" = 30 MEI APRIL 2003 P.A. HOLDER SURVEY ABSTRACT NO. 297 WILLIAMSON COUNTY, TEXAS CALLED 5.631 ACRES M&M EQUITIES IV, INC. DOC. NO. 1999633931 0.P. R. W. C. TX. 0.1988 ACRE (8660 SQ. FT.) RIGHT—OF—WAY PARCEL P.O.B rev o P.O.C. 5000 WEST HIGHWAY 290 B OLDING 0 AUSTIN T0SAs. 70735 (512) 447-0575 FAx (512) 326-5020 EMAIL, SAMSSAMINCAUS.CDM • 0) S14'49'00"W L2 15.11' (517'00'30"W 15.07') PACE 3 OF 3 REFERENCE F1ELDNOTE 209882 RIGHT—OF—WAY PLAT SHOWING PROPERTY OF DAVID L. CARLIN AND WIFE, MARY C. CARLIN DATE: April 16, 2004 SUBJECT: City Council Meeting - April 22, 2004 ITEM: 13.D.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 0.1988 acre of land for the proposed A.W. Grimes Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Carlin parcels) (First Reading) Department: Legal Staff Person: Steve Sheets, City Attorney Justification: 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.