G-05-01-27-8C1 - 1/27/2005ORDINANCE NO. l7 -05- - 0/- I - WC_ 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 0.151
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD
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) 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 0.151 acres of land in
Williamson County, Texas, from Byron Miller; said land more
particularly described in Exhibit "A" 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.
@PFDeektop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050127C1.WPD/11
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
damages and compensation to be paid to owners of
and
any
interest in the Property, and to make official, written,
agree on
remaining
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
2
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.
IL
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 subjectmatter 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 g1/4-L611day
of , 2005.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of , 2005.
�� :FAlf
N WEL , M -'or
t .f Round 'ock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secreary
4
Page 1 of 2
0.151 Acre Tract
DESCRIPTION
ata2wi-{,n�10 I UUZ
FOR A 0.151 ACRE (6570 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422 IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 21, BLOCK `B', OF "OAK
BLUFF ESTATES", A SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET F SLIDE 125 OF THE PLAT
RECORDS OF SAID COUNTY, SAID 0.151 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found on the northwest corner of said Lot 21, same being
also the southwest comer of Lot 1, of said subdivision, said point being also on the
easterly right-of-way line of County Road 122;
THENCE with the northerly boundary line of said Lot 21, same being also the southerly
boundary line of said Lot 1, S84°47'31" E a distance of 25.94 feet to a 'A" iron rod with
cap set for the northeast corner thereof;
THENCE over and across said Lot 21 the following three (3) course and distances:
1. S 03°25'58" W a distance of 3.53 feet to a %2" iron rod with cap set for an angle
point hereof;
2. S 03°53'21" W a distance of 228.29 feet to a %2 ' iron rod with cap set for a point
of curvature hereof, and
3. With the arc of a curve to the left having a radius of 20.00 feet, a central angle of
89°06'26", an arc length of 31.10 feet and a chord which bears S 40°14'15" E a
distance of 28.06 feet to a %2" iron rod with cap set on the south boundary line of
said Lot 21, said point being also on the north right-of-way line of Woodland
Loop, for the southeast comer hereof;
THENCE with the south boundary line of said Lot 21, same being also the north right-.
of -way line of Woodland Loop the following two (2) courses and distances:
1. N 84°47'31" W a distance of 26.31 feet to an ''A" iron rod with cap set for a point
of curvature hereof, and
2. With the arc of a curve to the right having a radius of 20.00 feet, a central angle of
89°18'44",an arc length of 31.18 feet and a chard which bears N 40°12'31" W a
distance of 28.11 feet to a %2" iron rod with cap set for a point of non -tangency of
said Lot 21, said point being also on the east right-of-way line of said County
Road 122, for a point of non -tangency thereof;
EXHIBIT
.. .. ......rv. L.a1,ii ]VIS
Page 2 of 2
0.151 Acre Tract
THENCE with the west boundary line of said Lot 21, same being also the east right-of-
way line of said County Road 122, N 03°58'49" E a distance of 231.77 feet to the
POINT OF BEGINNING hereof and containing 0.151 Acres 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:.
William L. John Date
Registered Professional Land Surveyor N
203 E. Main St. Ste. 201
Round Rock, Tx. 78664
IAT 21..DOC
uu .oi-niUttlell/ An
44-) x x Tranportatio 1J004
SKETCH TO ACCOMPANY DESCRIPTION
LINE TABLE
NUMBER
DIRECTION
DISTANCE
Ll
S 84.47'31' E
25.94'
L2
S 03.25'58' W
3.53'
L3
N 84'47'31' W
26,31'
P.O.B. �
i
i
LEGEND
0
zZ
• ■ IRON ROD FOUND
O - IRON ROD WITH CAP SET
1 = RECORD INFORMATION
P.D.B. ■ POINT OF BEGINNING
1
1
11
LOT 1 1 SCALE: 1"=50'
LOT 2
OAK BLUFF 1
FSTgTES
BLOCK B ~ `--
CAB, F, SLD, 125
N
0.151 ACRE
SUBJECT TRACT
LOT 21
LOT 20
UCC
00,
•--- •
•,46.
L3 •
fi
CURVE TABLE
NUMBER RADIUS I DELTA ARC I CHORD BEARING CHORD
Cl 20.00 89.06'26' 31.10 S 40'14'15' E 28.06
C2 20.00 89'18'44' 31.18 N 40.12'31' W 28.11
BASIS OF BEARING IS THE COUTY ROAD 122 PROJECT BETWEEN U.S
HIGHWAY NO. 79 ANO FOREST CREEK DRIVE, PREFORMED BY
BAKER-AICKLEN, APRIL 2000.
WOODLAND LOOP (50'
ROW)
JOB NO.: 0601-2-058-53
BY: B J
BAKER-AICKLEN
a A88OCIATEB, INC.
ENGIN EERS/SURVEYORS
DATE: January 20, 2005
SUBJECT: City Council Meeting - January 27, 2005
ITEM: *8.C.1. Consider an ordinance determining the public necessity for
the acquisition of a fee simple interest in a 0.151 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. (First
Reading)
Deoartment: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This ordinance will allow the City Attorney to initiate eminent domain proceedings
to acquire the necessary property interests so that the Highway 79 improvement
project can be constructed. The construction of this project will accommodate
increased mobility for the City.
Funding:
Cost: N/A
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfield, P.C.
Background Information:
Increased mobility in the City.
Public Comment: N/A