G-04-04-08-9C1 - 4/8/2004ORDINANCE NO. g- 01-1`6 -Dg qC/
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF A DRAINAGE EASEMENT INTEREST IN
0.32 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE HIGHWAY 79 BOX CULVERT 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 public drainage 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 a drainage easement interest in approximately 0.32 acre of
land in Williamson County, Texas, said land more particularly
described in Exhibit "A" (Baack 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.
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/040408C1.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 O - day
of , 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.
N or;. WE L, Mayor
City of Round Rock, Texas
a
CHRISTINE R. MARTINEZ, City Secre
4
ry
City of Round Rock Tilden W. & Kimberly J. Baack
Right -Of -Way Description TAX I.D. # R319934
b
D
EXHIBIT
Page 1 of 3
PROPERTY DESCRIPTION FOR PARCEL
DESCRIPTION OF 0.32 ACRES OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY NO. 9, ABSTRACT
NO. 297, WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF A CALLED 0.317 ACRE TRACT DESCRIBED IN
DEED TO TILDEN W. BAACK AND KIMBERLY J. BAACK, RECORDED IN DOCUMENT NUMBER 2000036940,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. SAID 0.32 ACRE TRACT, AS SHOWN ON THE
ACCOMPANYING SKETCH FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point for the northwest corner of said Baack tract, same being the northeast corner of Lot 1,
Block A of Opus Subdivision, a subdivision recorded in Cabinet Q, Slide 41-42, Plat Records, Williamson County,
Texas and in Document No. 9845592, Official Records, Williamson County, Texas, said point also being in the south
right-of-way of U.S. Highway 79 (a variable width R.O.W.), from which a Y2 -inch iron rod found with cap bears
N06°12'57"E, a distance of 0.54 feet;
THENCE with the north line of said Baack tract and the south right-of-way of said U.S. Highway 79, a distance of
50.03 feet with a curve to the left, whose central angle is 00°58'48", with a radius of 2924.79 feet and whose
chord bears S87°31'37"E, a distance of 50.03 feet to a point for the northeast corner of said Baack tract, same
being the northwest corner of Lot 1, Block A of Rocking Horse Ranch, a subdivision recorded in Cabinet 0,
Slides 91-92, Plat Records, Williamson County, Texas and in Document No. 9705103, Official Records,
Williamson County, Texas, from which a 1/2 -inch iron rod found with cap bears N06°12'57"E, a distance of 1.07
feet;
THENCE with the east line of said Baack tract and the west line of Lot 1, Block A of said Rocking Horse Ranch,
S06°12'57"W, passing an iron rod at a distance of 76.02 feet, continuing in all a total distance of 112.48 feet to a
cotton spindle found for an angle point in the west line of said Lot 1, Block A of said Rocking Horse Ranch, same
being the northwest corner of a called 1.82 acre tract described in deed to Keith A. and Rebecca S. Hickman,
recorded in Document No. 9609150, Official Public Records, Williamson County, Texas;
THENCE continuing with the east line of said Baack tract and the west line of said Hickman tract, the following
three (3) courses:
1. a distance of 32.18 feet with a curve to the left, whose central angle is 33°31'27", with a radius of 55.00
feet and whose chord bears S51 °32'06"E, a distance of 31.72 feet to a point of reverse curvature;
2. a distance of 132.64 feet with a curve to the right, whose central angle is 79°59'43", with a radius of
95.00 feet and whose chord bears S28°44'57"E, a distance of 122.12 feet to a point;
3. S11 °15'03"W, a distance of 45.49 feet to point for the southeast corner of said Baack tract;
THENCE with the south line of said Baack tract, N67°46'16"W, a distance of 40.75 feet to a point for the
southwest corner of said Baack tract, same being in the east line of Lot 1, Block A of said Opus Subdivision;
TN index\Pdesc\2004\Final\PD04-001.SCO.doc
February 4, 2004
Page 2 of 3
City of Round Rock Tilden W. & Kimberly J. Baack
Right -Of -Way Description TAX I.D. # R319934
THENCE with the west line of said Baack tract and the east line of Lot 1, Block A of said Opus Subdivision, the
following four (4) courses:
1. N11 °15'03"E, a distance of 37.73 feet to a point;
2. a distance of 76.79 feet with a curve to the left, whose central angle is 79°59'43", with a radius of 55.00 feet
and whose chord bears N28°44'57"W, a distance of 70.70 feet to an iron rod found for a point of reverse
curvature;
3. a distance of 96.69 feet with a curve to the right, whose central angle is 58°18'53", with a radius of 95.00 feet
and whose chord bears N39°35'31 "W, a distance of 92.57 feet to a point;
4. N06°12'57"E, a distance of 100.24 feet to the POINT OF BEGINNING and containing 0.32 acres of land,
more or Tess.
BEARING BASIS: All bearings and coordinates shown heron are based upon the Texas State Plane Coordinate
System, NAD 83, Central Zone. All distances shown hereon are surface distances. All coordinates were adjusted
from state plane grid to project surface using the adjustment scale factor of 1.000085. Reference TX D.O.T. control
point N2460044, Project surface coordinate: N=10163546.214, E=3142527.910.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, David Willits, a Registered Professional Land Surveyor, do hereby state 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, Ts, thisqth day of� e!- uary, 2004 A.D.
Carter & Burgess, Inc.
2705 Bee Cave Rd., Ste. 300
Austin, Texas 78746
TN index\Pdesc\2004\FinaI\P D04 -001.S CO.doc
David Willits
Registered Professional Land Surveyor
No. 5744 - State of Texas
February 4, 2004
PRIOR A. HOLDER SURVEY
NO.9 ABSTRACT 297
N0612'57'E
0.54'
U. S HIGH/AY 79
(R.O.W. VARIES)
L1
P.O.B.
L2
N0612'57"E •
1.07'
L2
Page 3 of 3
MEM
1. ALL BEM9NGS ANO COORDINATES SHOWN HEREON ARE FUSED UPON
1HE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, CENTRAL ZONE.
All DISTANCES SHOWN HEREON ARE SURFACE 0lSTANCFS. ALL
COORDINATES WIRE ADJUSTED FROM STATE PLANE GRD TO PROJECT
SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085.
REFERENCE Tx.D.o.T. CONTROL POINT N2460044, PROJECT SURFACE
COORDINATE: N-10163546.214, E-3142527.910.
2. THS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT. THERE MAY 8E EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
1 HEREBY STATE THAT THIS SURVEY WAS MADE ON THE GROUND
MY ' . AND' AND 1S TRUE AND CORRECT
10 a��' MY ' AND BELIEF.
VD WKJJIS DATE
REGISTERED PROFESSIONAL LAND SURVEYOR
STATE OF TEXAS NO. 5744
Z- -o
C1
POINT OF BEGINNING
N=10162769.81
E=3138124.26
OPUS SUBDIVISION
CABINET Q, SLIDE 41-42, P.R.W.C.T.
DOC.9845592, O.R.W.C.T.
LOT 1, BLOCK A
OWNER: KEITH AND BECKY HICKMAN
A = 00-58.48-
R - 2924.79'
L = 50.03'
C — 50.03'
C8 = 88731'37-E
A - 79'59'43'
R = 95.00'
L = 132.64'
C - 122.12'
C8 = 828'44'57"E
A — 5818'53'
R = 95.00'
L — 96.69'
C - 92.57'
CB - N3935'31'W
C2
A = 33'31'27"
R=55.00'
L - 32.18'
C = 31.72'
CB - 85132'06"E
A - 79'59'43'
R-55.00'
L - 76.79'
C = 70.70'
CB = N28'44'5711
co
0
0)
ROCKING HORSE RANCH
CABINET 0, SLIDE 91-92, P.R.W.C.
DOC.9705103, O.R.W.C.T.
LOT 1, BLOCK A
OWNER: BENJ. E. SHERMAN & SONS
TILDEN W. BAACK AND
KIMBERLY J. BAACK
DOC.2000036940, 0.P.R.W.C.T.
WARRANTY DEED: MAY 1, 2000
0.317 AC.
lr� KEITH A. &
REBECCA S. HICKMAN
DOC.96091 50
O.P.R.W.C.T.
1.82 AC.
LEGEND
N1115'03"E
37.73'
• IRON ROD FOUND
- COTTON SPINDLE FOUND
• CALCULATED POINT NOT SET
P.O.B. POINT OF BEGINNING
--e— PROPERTY UNE
R.O.W. RIGHT—OF—WAY
O.R.W.C.T. OFFICIAL RECORDS
WIWAMSON COUNTY, TEXAS
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WIWAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WIWAMSON COUNTY, TEXAS
S11 '15'03"W
45.49'
N 67'46'16"W
.ePlj 40.75'
GRAPHIC SCALE
SKETCH to ACCOMPANY DESCRIPTION No. PD04-001
CarteriBurgess
Consultants in Surveying,
Engineering, Architecture,
Construction Management,
and Related Services
Carter & Burgess, Inc.
2705 B.. Caw Rood
Suit. 300
Austin, Teat. 78746
Phone. 512.314.3100
Fax: 512.328.6672
• copyright 2004 C 1 k S..9... tic.
DATE: April 2, 2004
SUBJECT: City Council Meeting - April 8, 2004
ITEM: 9.C.1. Consider an ordinance determining the public necessity for the
acquisition of a drainage easement interest in 0.32 acre of land
and for the proposed Highway 79 Box Culvert Project, and if
necessary, authorizing the City Attorney to initiate eminent
domain proceedings. (Baack parcel) (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification: This ordinance will allow for the City Attorney to initiate eminent
domain proceedings to acquire the necessary property interests so
that the Highway 79 box culvert project can be constructed. The
construction of this project will facilitate proper and improved public
drainage in the City.
Funding:
Cost: N/A
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfield, P.C.
Background Information: This ordinance will provide drainage improvement in the
City.
Public Comment: N/A