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G-04-09-09-10B1 - 9/9/2004ORDINANCE NO.0'O'i -O9-o9-/©f3 1 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 1,553 SQUARE FEET OF LAND; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN PUBLIC IMPROVEMENTS, 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 public improvements in the City of Round Rock, and to perform associated public uses 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 1,553 square feet of land in Williamson County, Texas, said land more particularly described as: Lot 2B, Replat of Lot 2, Block 6, of E. H. & A. Round Rock Joint Venture Subdivision, an addition in and to the City of Round Rock, Williamson County, Texas, according to the map or plat thereof recorded in Cabinet L, Slide 191-192, Plat Records, Williamson County, Texas ("Property"); 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/04090981. WPD/sls 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 the Property for such purposes, 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 Project and associated public purposes. If it is later determined 2 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. ri1 READ, PASSED, and ADOPTED on first reading this / day of -(11111.10- 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: uatwk J)/-oA, W L, Mayo City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secrtary 4 DATE: September 3, 2004 SUBJECT: City Council Meeting - September 9, 2004 ITEM: 10.B.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 1,553 square feet of land, known as 120 South Brown Street, for public improvements, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) Department: Administration Staff Person: Jim Nuse, City Manager Justification: This property is necessary to plan for parking for the southwest downtown area. This property is centrally located and will help improve values to the area. Funding: None at this time. Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: N/A Public Comment: N/A THE STATE OF TEXAS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII °3 7:, PGS SPECIAL WARRANTY DEED COUNTY OF WILLIAMSON § 2005050603 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WHEREAS, City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed McConico Parking ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, JACK D. EMERT and wife, BETTY J. EMERT, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto City of Round Rock all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: Lot 2B, of REPLAT OF LOT 2, BLOCK 6, E. H. & A. ROUND ROCK JOINT VENTURE SUBDIVISION, an Addition in Williamson County, Texas, according to the map or plat thereof; recorded in Cabinet L, Slide(s) 191-192, of the Plat Records of Williamson County, Texas. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City or its contractors and assigns to take and use all other minerals and materials thereon, therein and thereunder. 0:\wdox\CORK\gnl\moc-parking\par2emert\swdeed\00088175.RTF 3 RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the / day of Biu j , 2005. GRANTOR: ack D. Emert Acknowledgment State of Texas County of Williamson This instrument was acknowledged before 9e -em -tris the / day of i:,%u Lj 2005 by Jack D. Emert. ELIZABE?H YOUNG MY COMMISSION EXPIRES May 27, 2008 Notary Pub ', State of Texas 2 State of Texas County of Williamson This instrument was acknowledged before day o 2005 by Betty J. Emert. ELIZABETH YOUNG: MY COMMISSION EX?!P RS May 27, 2008 ry Public tate of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. Attorneys at Law 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. Attorneys at Law 309 East Main Round Rock, Texas 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005050603 07/05/2005 11:47 AM MARY $18.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS