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G-04-06-10-12A1 - 6/10/2004ORDINANCE NO. a_ 04- 06 40 - / R AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.356 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE 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 Red Bud Lane 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 0.356 acres of land in Williamson County, Texas, said land more particularly described in Exhibits "A -B" (Parcels 2 and 6) 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. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/040610A1.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. 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. READ, PASSED, and ADOPTED on first reading this JU day of - JL tJ Y UL J 2004. U 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. W LL, Mayo City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretar 4 Lot 50, Block A, Landscape BSr Forest Ridge Phase 8 0.131 Acre Tract Page 1 of 3 EXHIBIT A DESCRIPTION FOR A 0.131 ACRE (5,704 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 50, BLOCK A, A LANDSCAPE BUFFER AS SHOWN IN FOREST RIDGE PHASE 8, A SUBDIVISION RECORDED IN CABINET R, SLIDES 125 — 126 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.131 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a MAG nail found for the southeast comer of Lot 26, Block A, Forest Ridge Phase IV, a subdivision recorded in Cabinet M, Slides 303 - 305 of the Plat Records of said county, same being the southwest corner of Lot 27, Block A, of said Forest Ridge Phase IV, same being the northeast comer of Lot 46, Block A, of said Forest Ridge Phase 8, same being the northwest comer of said Lot 50; THENCE with the north line of said Lot 50, same being the south line of said Lot 27, S 86° 13' 45" E for a distance of 14.20 feet to a 1/4" iron rod set with Baker-Aicklen cap for the northwest corner and POINT OF BEGINNING hereof; THENCE continuing with the north line of said Lot 50, same being the south line of said Lot 27, S 86° 13' 45" E for a distance of 5.70 feet to a calculated point on the west right-of-way line of County Road No. 122, also called Red Bud Lane (right-of-way width varies), for the southeast comer of said Lot 27, same being the northeast corner of said Lot 50, for the northeast corner hereof; THENCE with the west right-of-way line of said County Road No. 122, same being the east line of said Lot 50, S 03° 34' 12" W for a distance of 593.51 feet to a calculated point for the southeast corner of said Lot 50, same being on the north line of a called 2.50 acre tract of land as described in that deed to Billy J. Arimes et ux, and Sharon S. Arimes and recorded in Volume 1065, Page 896 of the Official Records of said county, for the southeast corner hereof, from which a %z" iron rod found on the west right-of-way line County Road No. 122, for the northeast comer of said 2.50 acre tract bears, S 86° 19' 21" E for a distance of 20.00 feet; rfvz Lot 50, Block A, Landscape Bit Forest Ridge Phase 8 0.131 Acre Tract Page 2 of 3 • THENCE with the south line of said Lot 50, same being the north line of said 2.50 acre tract, N 86° 19' 21" W for a distance of 13.52 feet to a %2" iron rod set with Baker-Aicklen cap, for the southwest corner hereof; THENCE through the interior of said Lot 50, N 04° 19' 32" E for a distance of 593.55 feet to the POINT OF BEGINNING and containing 0.131 acre of land. Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest Creek Drive, performed by Baker-Aicklen, April, 2000. Surveyed under the direct supervision of the undersigned during February, 2003: Margaret A. Nolen Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 0601-2-058-51 Filename: W:\PROJECTS\CORR\CR122-RED BUD\ROW\MB\PARCEL 02.DOC MARGARET A. NOLEN • • SKETCH TO ACCOMPANY DESCRIPTION SCALE: 1" = 100' WILLIAMSON COUNTY, TEXAS LOT 23 j BLOCK AI O � c 1 1 1 I LOT 24 I Om CO BLOCK AI gz7co 1 (�+c 11 I LOT 25 1 BLOCK A I '414 0 LI — LOT 26 I I BLOCK A I 1 LOT 47 BLOCK A /z In BEGINNING FOR 1 p, REFERENCE 143 I LOT 46 l• LOT 50, LANDSCAPE BLOCK At! BUFFER PER — 1� CAB. R. SL. 125 - 126 1t I A LOT 45 I bh BLOCK A I Om rri loul t1-1 ---� 33 CO COI NZ) rl 12 1 „}o " I LOT 44 I •o (� BLOCK A 1 20 U) v a Lo ----4 y2 W n2 1 C3 M LOT 43 1 6 BLOCK Ai -4I 11 Cxj I LOT 42 i 0)1QQ BLOCK AI U 1 1 h LOT41 I I BLOCK A 1 �\ I 1 14 \\ 1 0) \ I 0) LOT 40 \I BLOCK A - ------ ----- --'r BILLY J. ARIMES ET UX. SHARON S. ARIMES CALLED 2.50 ACRES VOLUME 1065, PAGE 896 r LOT 27, LANDSCAPE BUFFER PER CAB. M, SL. 303 - 305 POINT OF BEGINNING 1.3 Ll - 1 7 PARCEL 2 0.131 ACRE (5,704 SQ. FT.) 1 1 L7 �Jl NOT TO SCALE 1 LEGEND • I/2" IRON ROD FOUND • 1/2" IRON ROD FOUND WITH CAP (AS NOTED) O PIPE FOUND (SIZE NOTED) , MAG NAIL FOUND O 1/2" IRON ROD SET WITH BAKER-AICKLEN CAP L CALCULATED POINT ( ) RECORD INFORMATION PER CAB. M, SL. 303-305 ( 1 RECORD INFORMATION PER CAB. R. SL. 125-126 < >RECORD INFORMATION PER VOLUME 1065, PAGE 896 NUMBER BEARING DISTANCE LI S 86°13'45" E 14.20' L2 S 86'13'451 E 5.70' L3 S 86613145a E 19.90' (S 89°54'E) (20.00') (5 89°54' E1 (20.00'] L4 N 86.191211 W 13.52' L5 S 86.19'21" E 20.00' [5 89°59'36" El [20.00'] L6 N 86°I9'2l" W 6.48' L7 N 86°19'21' W 40.00' (Al 89°59'36" WI (40.007 <N 89°59'20" E> DATE: FEBRUARY, 2003 JOB NO.: 0601-2-058-51 BY: TJR PAGE 3 OF 3 W:\PROJECTS\CORR\CR122-RED BUD\ROW\SKETCH\PARCEL 02.DWG (3 OF 31 May 01, 2003 - 4:37pm BASIS OF BEARINGS 1S THE COUNTY ROAD 122 PROJECT BETWEEN U. S. HIGHWAY NO. 79 AND FOREST CREEK DRIVE, PERFORMED BY BAKER-AICKLEN, APRIL, 2000. BAKER-AICKLEN ABODCIASES, INC. ENGINEERS/SURVEYORS Clark 0.225 Acre Tract Page 1 of 3 DESCRIPTION FOR A 0.225 ACRE (9,808 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 2, A CALLED 2.50 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO MORRIS D. CLARK AND RECORDED IN VOLUME 2153, PAGE 775 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.225 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a %z" iron rod found for the southeast corner of a called 2.50 acre tract of land as described in that deed to Joseph E. Jenkinson and wife, Marion K. Jenkinson and recorded in Document No. 9831278 of the Official Records of said county, same being on the west right-of-way line of County Road No. 122, also called Red Bud Lane (right-of- way width varies); THENCE with the west right-of-way line of said County Road No. 122, S 03° 57' 10" W for a op distance of 251.74 feet to a calculated point for the northeast corner of said north Clark 2.50 acre •—t tract, for the northeast corner and POINT OF BEGINNING hereof; Co o THENCE continuing with the west right-of-way line of said County Road No. 122, same being CO the east line of said north Clark 2.50 acre tract, S 03° 57' 10" W for a distance of 252.05 feet to a O calculated point for the southeast corner of said north Clark 2.50 acre tract, same being the northeast corner of a called 2.50 acre tract of land as described in that deed to Morris D. Clark and recorded in Volume 2154, Page 788 of the Official Records of said county, for the southeast corner hereof, from which a %z" iron rod found on the west right-of-way line County Road No. 122, for the southeast corner of a called 2.500 acre tract of land as described in that deed to Robert M. Carlin and wife, Sophia Carlin and recorded in Volume 1747, Page 414 of the Official Records of said county bears, S 03° 57' 10" W for a distance of 504.33 feet; THENCE with the south line of said north Clark 2.50 acre tract, same being the north line of said south Clark 2.50 acre tract, N 85° 57' 58" W for a distance of 38.47 feet to a %z" iron rod set with Baker-Aicklen cap for the southwest corner hereof; Clark 0.225 Acre Tract Page 2 of 3 THENCE through the interior of said north Clark 2.50 acre tract, the following two (2) courses and distances: 1) N 03° 27' 27" E for a distance of 106.53 feet to a %:" iron rod set with Baker-Aicklen cap for an angle point hereof, and 2) N 04° 19' 32" E for a distance of 145.42 feet to a'/z" iron rod set with Baker-Aicklen cap on the north line of said north Clark 2.50 acre tract, for the northwest corner hereof; THENCE with the north line of said north Clark 2.50 acre tract, S 86° 07' 58" E pass a %" iron pipe found at a distance of 38.28 feet, continuing for a total distance of 38.44 feet to the POINT OF BEGINNING and containing 0.225 acre of land. Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest Creek Drive, performed by Baker-Aicklen, April, 2000. Surveyed under the direct supervision of the undersigned during February, 2003: Margaret A. Nolen Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 0601-2-058-51 Filename: W:\PROJECTSICORR\CR122-RED BUD \ROW \MB\PARCEL 06.DOC 1 SKETCH TO ACCOMPANY DESCRIPTION SCALE: 1' - 50' WILLIAMSON COUNTY, TEXAS BEGINNING FOR f DETAIL MARON K. REFERENCE 1 (N.T.S.) JOSEPH E. JENKINSON AND WIFE, CALLED 2501 ACRES DO SON L2 N0. 9831278 WILLIAM R. KITTS AND WIFE, KAY S. KITTS UNRECORDED DEED PER WCAD LEGEND • I/2' IRON ROD FOUND • I/2' IRON ROO FOUND WITH CAP (AS NOTED) O I/2' IRON ROD SET WITH BAKER-AICKLEN CAP A CALCULATED POINT o 3/4' IRON PIPE FOUND 1 1 RECORD INFORMATION PER VOL. 1747, PG. 414 « » RECORD INFORMATION PER VOL. 2153, PG. 775 ( ) RECORD INFORMATION PER VOL. 2154, PG. 788 > RECORD INFORMATION PER CAB. V. SL. 360 - 361 1 1 RECORD INFORMATION PER DOC. NO. 9831278 NUMBER BEARING DISTANCE LI N 85.57'58' W 38.47' «N 89.55'00' W» (N 89.55'00' E) L2 S 86.07'58'E 38.44' «N 89.55'00' E» L3 S 86.02'50&E 24.44' (N 89.57'22" E) <N 89'50'00' E> <24.33'>.5 L4 N 037'10' E 252.28' IN 00.05'00' E) (251.76 ) L5 N 03.57'(0' E 252.05' (N 00.05'00" E) (252.40') L6 5 03.57'10' W 25L74' 1S 00'05'00" W1 1252.057 a 10.22' •. i - r DETAIL W N (N.r.s.) ; NI . •J 0 • 74 0 n OQ Ai cti NN 33 00 h �O 00 yJ POINT OF BEGINNING PARCEL 6 0.225 ACRE (9,808 SQ. FT.) MORRIS D. CLARK CALLED 2.50 ACRES VOLUME 2154, PAGE 788 ROBERT M. CARL/N AND WIFE, SOPHIA CARLIN CALLED 2.500 ACRES VOLUME 1747, PAGE 414 APPROXIMATE SURVEY LINE PARTNERS CAP BURY 8 LOT I, BLOCK A. CALLED 3.651 ACRES STONECREST RETAIL SUBDIVISION CAB. V, SL. 360 - 361 SAMUEL JENKINS SURVEY. ABSTRAcr NCI. 347 LI SEE'. DETAIL L3 BASIS OF BEARINGS IS THE COUNTY ROAD 122 PROJECT BETWEEN U. S. HIGHWAY NO. 79 AND FOREST CREEK DRIVE, PERFORMED 8Y BAKER-AICKLEN, APRIL, 2000. DATE: FEBRUARY. 2003 JOB NO.: 0601-2-058-51 BY: TJR PAGE 3 OF 3 BAKER-AICKLEN a 'a oci es, w'ic. ENDINEERS/SURVEYORS W:\PROJECT$ CORK\CRIz2-REo IND\ROW\3RETCNVARCEL ORDWO 13 OF 311M, 01. 2003 - 3:41Ppw DATE: June 4, 2004 SUBJECT: City Council Meeting - June 10, 2004 ITEM: *12.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.131 acre parcel of land, and a 0.225 acre parcel of land for the proposed Red Bud Lane Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 2 and 6) (First Reading) Department: Legal Department Staff Person: Steve Sheets, City Attorney Justification: This ordinance will increase 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 Red Bud Lane improvement project can be constructed. The construction of this project will accommodate increased mobility to the City.