G-04-11-23-8B1 - 11/23/2004ORDINANCE NO. l� - - - ! / - 3- 213
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF 0.036 ACRE; GIVING
NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID
PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR
THE RED BUD LANE (CR 122) 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 (CR 122) 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 feesimple approximately 0.036 acre (parcel 15), acre of
land in Williamson County, Texas, said land more particularly
described in Exhibit "A" (Fullerton, Parcel No. 15) 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ROUND
ROCK, TEXAS.
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.
2
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
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,
3
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
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 (334'as
Y
of Illn...1-E-rnJae.A-1, 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 Secretar
4
North 1.250 Acre Tract
M & D Fullerton Subdivision
0.037 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.037 ACRE (1,625 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOHN H. RANDALL SURVEY, ABS TRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING THE NORTH CALLED 1.250 ACRE TRACT OF
LAND, BEING A PORTION OF TRACT NO. 4, M & D FULLERTON
SUBDIVISION AND RECORDED IN CABINET G, SLIDE 245 OF THE PLAT
RECORDS OF SAID COUNTY, SAID 0.037 ACRE TRACT AS SHOWN ON
THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/" iron rod found for the northeast comer of Lot 4,
Tri -View Estates, a subdivision recorded in Cabinet B, Slides 14 — 15 of the Plat Records of said
county, same being the northwest corner of Lot 5, of said Tri -View Estates, same being on the
south right of way line of Doris Lane (50 foot right of way width);
THENCE with the south right-of-way line of said Doris Lane, N 85° 56' 29" W for a distance of
455.81 feet to a 'A" iron rod set with Baker-Aicklen cap for the northeast comer and POINT OF
BEGINNING hereof;
THENCE through the interior of said north 1.250 acre tract, the following two (2) courses and
distances:
1) S 49° 11' 31" W for a distance of 21.26 feet to a %2" iron rod set with Baker-Aicklen cap for
an angle point hereof, and
2) S 04° 19' 32" W for a distance of 201.79 feet to a '' " iron rod set with Baker-Aicklen cap
on the south line of said north 1.250 acre tract, same being the north line of the south called
1.250 acre tract, being a portion of Tract No. 4, of said M & D Fullerton Subdivision, for the
southeast corner hereof;
EXHIBIT
IIA
North 1.250 Acre Tract
M & D Fullerton Subdivision
0.037 Acre Tract
Page 2 of 3
THENCE with the south line of said north 1.250 acre tract, same being the north line of said
south 1.250 acre tract, N 86° 00' 51" W for a distance of 5.70 feet to a %" iron rod found on the
intersection of the south line of said north 1.250 acre tract and the east line of a called 25 foot
wide road widening easement per said M & D Fullerton Subdivision, for the southwest corner
hereof, from which a'A" iron rod found bears, N 86° 00' 51" W for a distance of 0.17 feet;
THENCE with the east line of said 25 foot wide road widening easement, N 03° 39' 09" E for a
distance of 216.80 feet to the north line of said north 1.250 acre tract, same being the south right-
of-way line of said Doris Lane, for the northwest comer hereof, from which a %z" iron rod found
bears, S 05° 46' 37" E for a distance of 5.29 feet;
THENCE with north line of said north 1.250 acre tract, same being the south right-of-way line
of said Doris Lane, S 85° 56' 29" E for a distance of 23.25 feet to the POINT OF BEGINNING
and containing 0.037 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 directsupervision 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\CORA\CR122-RED BUD\ROW\MB\PARCEL 15.DOC
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1 " — 40'
WILLIAMSON COUNTY,
TEXAS
SEE
DETAIL
NO. 2 -
L
1
1
1
1
1
1
1----
1
SEE
DETAIL
N0. 1
DORIS LANE
(50' R. O. W. WIDTH
CAB. B, SL. 14 _ 15
V‘
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.
N 85°5629" W 455.81' REMAINDER
OF LOT 4
TRI -VIEW ESTATES
CAB. B. SL. 14 - 15
POINT OF
BEGINNING
NORTH CALLED 1.250 ACRE TRACT
BEING A PORTION OF TRACT NO. 4
M a D. FULLERTON SUBDIVISION
CAB. G, SL. 245
DETAIL NO. 1
PARCEL 15
0.037 ACRE
(1,625 SQ. FT.)
BEGINNING FOR
REFERENCE
LOT 5
TRI -VIEW ESTATES
CAB. B. SL. 14 - 15
DETAIL NO. 2
L4
NOT TO
SCALE
NUMBER
L3
L4
L5
BEARING
S 49011'31' W
N 86"00'51" w
(N 89"40' W)
S 85°56129' E
(S 89°40' E)
N 86°00'51" W
S 05°461371 E
DISTANCE
21.26'
5.70'
23.25'
0.17'
5.29'
JOI--JN 1-J. R,A.N.1LL SURVEY,
.�
.81&-..)-1- RRA CT iN10 . 5 0 7
SOUTH CALLED L250 ACRE TRACT
BEING A PORTION OF TRACT NO. 4
M & D. FULLERTON SUBDIVISION
CAB. G. SL. 245
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-5/
BY: TJR
PAGE 3 OF 3
W:\PROJECTS\CORR\CR122-RED 8UD\ROW\SKETCH\PARC£!. 150WG (3 OF 31 F•Dru°ry 23. 2004 - 8:48om
LEGEND
• I/2" IRON ROD FOUND
C
1/2" IRON ROD FOUND
WITH cAP (AS NOTED)
O PIPE FOUND (SIZE NOTED)
• MAG NAIL FOUND
O I/2' IRON ROD SET WITH
BAKER-AICKLEN CAP
A CALCULATED POINT
( ) RECORD INFORMATION
PER CAB. G. SL. 245
( I RECORD INFORMATION
PER CAB. 8, SL. 14-15
BAKER-AICKLEN
6i A980CWTE8, INC.
Er4i nNEERBfSURVEYORS
DATE: November 18, 2004
SUBJECT: City Council Meeting - November 23, 2004
ITEM: *8.B.1. Consider an ordinance determining the public necessity for the
acquisition of a fee simple interest in a 0.036 acre parcel of land for
the proposed Red Bud Lane (CR 122) Improvement Project, and if
necessary, authorizing the City Attorney to initiate eminent domain
proceedings. (Parcels 15) (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 Red Bud Lane (CR 122) improvement
project can be completed. The construction of this project will accommodate new
development and update public services to the City.
Funding: N/A
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Increased public services to the City.
Public Comment: N/A