G-05-01-27-8C2 - 1/27/2005ORDINANCE NO. 4- 05" i -a - gr.A)
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE FEE SIMPLE ACQUISITION OF 0.0221ACRE AND A 0.0048
ACRE WATERLINE EASEMENT; GIVING NOTICE OF OFFICIAL
DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT
AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79
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 Highway 79 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 0.0221 acre (Parcel 13), and a
0.0048 acre waterline easement of land in Williamson County, Texas,
said land more particularly described in Exhibit "A" (Michael
Griffin, Parcel No. 13) 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.
@PFDesktop\:: ODMA/WORLDOX/0:/WDOX/ORDINANC/050127C2.WPD/1]
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,
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 Q 7-6-1'3day
of
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.
, 2005.
ATTEST:
WELL, yor
Cit of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
4
County:
Highway:
Limits:
CSJ No:
Account No:
Williamson
U.S. 79
From: West of FM -1460
To: East of FM -1460
0204-01-055
8014-2-29
b
3
EXHIBIT
Page 1 of 3
PROPERTY DESCRIPTION FOR PARCEL 13
DESCRIPTION OF 0.0221 ACRES (962 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER
SURVEY NO. 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT
OF LAND DESCRIBED AS 6.16 ACRES IN THAT WARRANTY DEED TO MICHAEL GLENN GRIFFIN AND WIFE,
CARRIE LOUISE GRIFFIN, DATED OCTOBER 7, 1994, RECORDED IN VOLUME 2620, PAGE 775, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS AND DOCUMENT NO. 9450668, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS; THE SAID 0.0221 -ACRE TRACT OF LAND, AS SHOWN ON THE
ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point, being the intersection of the north line of the proposed right-of-way of U.S. Highway No. 79
and a southwest line of the said 6.16 -acre Griffin tract, being a southeast line of that tract of land described as 13.123
acres in that warranty deed to Edwin H. Clark and Barbara Clark, Trustees, dated September 11, 1998, recorded in
Document No. 9853896, Official Records of Williamson County, Texas, and being 61.54 feet left of proposed survey
baseline station 220+66.04, and also being the northwest corner of the herein described 0.0221 -acre tract, from
which a Point for Reference, being a nail found in the road at an angle point on the said southwest line of the 6.16 -
acre Griffin tract and southeast line of the 13.123 -acre Clark tract, bears NO2°18'39"W, a distance of 678.07 feet;
1. THENCE leaving the said southwest line of the 6.16 -acre Griffin tract and southeast line of the 13.123 -acre
Clark tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the
said 6.16 -acre Griffin tract, N77°49'41 "E, a distance of 10.38 feet to a Texas Department of Transportation
Type II monument found, being a point on a southeast line of the said 6.16 -acre Griffin tract, being the west line
of that tract of land described as 2.780 acres in that warranty deed to The Old Settlers Association of
Williamson County, Texas, dated February 9, 1989, recorded in Volume 1760, Page 478, Official Records of
Williamson County, Texas, being an angle point on the north line of the existing right-of-way of U.S. Highway
No. 79 (185 -foot wide), and also being 59.00 feet left of proposed survey baseline station 220+76.10;
2. THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with the said
southeast line of the 6.16 -acre Griffin tract and north line of the existing right-of-way of U.S. Highway No. 79,
S02°14'48"E, a distance of 93.14 feet to a point on the north line of the existing right-of-way of U.S. Highway
No. 79 (100 -foot wide), being the most southerly southeast corner of the said 6.16 -acre Griffin tract;
3. THENCE leaving the said southeast line of the 6.16 -acre Griffin tract, with the said north line of the existing
right-of-way of U.S. Highway No. 79, being the south line of the said 6.16 -acre Griffin tract, S63°36'48"W, a
distance of 11.09 feet to a point, being the southwest corner of the said 6.16 -acre Griffin tract, and being the
southeast corner of the said 13.123 -acre Clark tract;
T:1Tech 1\TxDOTGenera11050098_TxDoT_US79-RR_RoW-PIanTnotes1Fn01-229_P13.ay.doc
February 13, 2003
County:
Highway:
Limits:
CSJ No:
Account No:
Williamson
U.S. 79
From: West of FM -1460
To: East of FM -1460
0204-01-055
8014-2-29
Page 2 of 3
4. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the
6.16 -acre Griffin tract, with the said southwest line of the 6.16 -acre Griffin tract and southeast line of the 13.123 -
acre Clark tract, NO2°18'39"W, passing at a distance of 0.93 feet a 3/4 -inch iron rod found, in all a total distance
of 95.89 feet to the POINT OF BEGINNING and containing 0.0221 acres (962 square feet) of land, more or
less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That 1, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify 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, Texa this the 13
Carter & Burgess, Inc.
2705 Bee Cave Rd., Ste. 300
Austin, Texas 78746
ay of February, 2003 A.D.
— alai
gri
John Strawbridge
Registered Professional Land Surveyor
No. 4283 - State of Texas
T:\Tech1\TxDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-229_P13.ay.doc
February 13, 2003
THE OLD SETTLERS
ASSOCIATION OF
WILLIAMSON COUNTY, TEXAS
VOL.1760, PG.451, O.R.W.C.
PARTITION DEED: FEB. 9, 1989
EXH.D, 2.780 AC.
VOL.1760, PG.478, O.R.W.C.
WARRANTY DEED: FEB. 9, 1989
'mow 2.780 AC.
�Po)
N7T4 '41'E
:.
145'
Page .Sot .5
w
z
O
a
O
z
6
6I
0.0221 AC. m
962 SQ.FT. 1W
0
220.76.10
59.00' Lt
S0?71,
>f
POINT OF BEGINNING
PARCEL 13
220+66.04
61.54' Lt
N=10165378.684
E=3145994.516
0
N
EDWIN H. CLARK AND BARBARA
CLARK, TRUSTEES
DOC.9853896, O.R.W.C.
WARRANTY DEED: SEP. 11, 1998
13.123 AC.
5ki%%7
1 5
GRAPHIC SCALE
LEGEND
A
•
O.R.W.C.
TX.D.O.T.
R.O.W.
57270'W
123+45
(5070aoi)
(/2345)
TX.D.O.T. TYPE I MONUMENT FOUND
NAIL FOUND (60D. OR AS NOTED)
IRON ROD FOUND (1/2', OR AS NOTED)
OFFICIAL RECORDS OF
VALLIAMSON COUNTY. TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
RIGHT—OF—WAY
COURSES & STATIONS
FROM TX.D.O.T. RECORDS
COURSES FROM ADJOINING
PROPERTY RECORDS
GUARD RAIL
FENCE UNE
PROPERTY UNE
CENTERLINE
DISTANCE NOT TO SCALE
PARCEL NUMBER FOR
R.O.W. ACQUISRION
Carter Burgess
2705 Bee Cave Road
Suite 300
Austin, Texas 78746
Phone:512.314.3100 Fax:512.328.6672
www.a—b.
® Copyright 2002 Carter & Burgess, Inc.
N
l
65'
c1+�s
1. ALL BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON
THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83. CENTRAL ZONE.
ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES. ALL
COORDINATES WERE ADJUSTED FROM STATE PLANE GRI) TO PROJECT
SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085.
REFERENCE Tx.D.o.T. CONTROL POINT N2460044, PROJECT SURFACE
COORDINATE Nw10183548214. Ew3142527.910.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TILE
REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
3. AU_ STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED
RELATIVE TO NE PROPOSED SURVEY BASELINE OF US HIGHWAY 79.
ALL OFFSETS ARE MEASURED AT RIGHT ANGLES 10 SAID SURVEY
BASE.NNE.
4. REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED BY
SUBTRACTING
A THE R.O.W. ACQUISITION FROM THE RECORD DEED
I HEREBY C RTRFY THAT THIS SURVEY WAS MADE ON THE GROUND
UNDER MY DIRECTION AND SUPERVISION. AND 6 TRUE AND CORRECT
TO THE : > . MY .,•35 t AND BELIEF.
Aar, AL 47
STATE OF TEXAS
/3 c
RIGHT—OF—WAY PLAT SHOWING PROPERTY OF
MICHAEL & CARRIE GRIFFIN
DATE
OCTOBER 2001
PARCEL
NUMBER
13
SCALE
1"=50'
Tx.D.O.T. PROJECT
US HIGHWAY 79
DISTRICT
14
ACQUISITION
ACRES
0.0221
SQUARE FEET
962
ACCOUNT No.
8014-2-29
C. S. J. NO.
0204-01-055
COUNTY
WILLIAMSON
DEED AREA
6.16
REMAINDER AREA
6.14
T:\Techl\TxDOTGeneral\050098_TxDoT_U579-RR_RoW-Plan\Fnotes\Frt01-229 P13.dwg, 3 of 4,2003/02/13 03:19 p, SchreiberKL, CB Austin Survey
Page 1 of 3
City of Round Rock
Water Line Easement
PROPERTY DESCRIPTION FOR WATER LINE EASEMENT
DESCRIPTION OF 0.0048 ACRE (210 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER SURVEY
NO. 9, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED AS 6.16 ACRES IN THAT WARRANTY DEED TO MICHAEL GLENN GRIFFIN AND WIFE, CARRIE
LOUISE GRIFFIN, DATED OCTOBER 7, 1994, RECORDED IN VOLUME 2620, PAGE 775, AND DOCUMENT NO.
9450668, BOTH OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, THE SAID 0.0048 -ACRE
TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH OF THIS EASEMENT, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point at the intersection of the north line of the proposed right-of-way of U.S. Highway No. 79 and
the said southwest line of the 6.16 -acre Griffin tract and southeast line of the 13.123 -acre Clark tract;
THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No. 79, with the said southwest
line of the 6.16 -acre Griffin tract and southeast line of the 13.123 -acre Clark tract, NO2°18'39"W, a distance of
19.11 feet to a point;
THENCE leaving the said southwest line of the 6.16 -acre Griffin tract and southeast line of the 13.123 -acre Clark
tract, over and across the said 6.16 -acre Griffin tract, N63°37'23"E, a distance of 11.22 feet to a point on the
southeast line of the said 6.16 -acre Griffin tract, being the west line of that tract of land described as 2.780 acres
in that warranty deed to The OId Settlers Association of Williamson County, Texas, dated February 9, 1989,
recorded in Volume 1760, Page 478, Official Records of Williamson County, Texas;
THENCE with the said southeast line of the 6.16 -acre Griffin tract and southwest line of the 2.780 -acre The Old
Settlers tract, S02°15'04"E, a distance of 21.92 feet to a Texas Department of Transportation Type II Monument
found on the said north line of the proposed right-of-way of U.S. Highway No. 79;
THENCE leaving the said southeast line of the 6.16 -acre Griffin tract and southwest line of the 2.780 -acre The
OId Settlers tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across
the said 6.16 -acre Griffin tract, S77°49'41"W, a distance of 10.38 feet to the POINT OF BEGINNING and
containing 0.0048 acres of land, more or less.
T:\Tech1\TxDOTGeneral\050098_TxDoT_US79-RR— oc RoW-Plan\Fnotes\PD03-016.ks.dFebruary 14, 2003
City of Round Rock
Water Line Easement
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
Page 2 of 3
That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify 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, Texas his the 14th ay of February, 2003 A.D.
Carter & Burgess, Inc.
2705 Bee Cave Rd., Suite 300
Austin, Texas 78746
n Strawbri
Registered Professional Land Surveyor
No. 4283 - State of Texas
T:\Tech1\TxDOTGeneral\050098_TxDoTUS79-RR— RoW-Pfan\Fnotes\PD03-016.ks.doc
February 14, 2003
MICHAEL GLENN GRIFFIN AND WIFE,
CARRIE LOUISE GRIFFIN
VOL.2620, PG.775, O.R.W.C.
DOC.9450668, O.R.W.C.
WARRANTY DEED: OCT. 7, 1994
6.16 AC.
EDWIN H. CLARK AND BARBARA•
CLARK, TRUSTEES
DOC.9853896, O.R.W.C.
WARRANTY DEED: SEP. 11, 1998
13.123 AC.
0.0048 AC
N0218'39"W
19.12' 1
POINT OF
BEGINNING
F%
19
N`G-
�\S.0*G 0°46 �o,�.
6
Page 3 of 3
PRJOR A. HOLDER SURVEY N0.9
ABSTRACT 297
THE OLD SETTLERS
ASSOCIATION OF
WILLIAMSON COUNTY, TEXAS
VOL.1760, PG.451, O.R.W.C.
PARTITION DEED: FEB. 9, 1989
EXH.D, 2.780 AC.
VOL.1760, PG.478, O.R.W.C.
WARRANTY DEED: FEB. 9, 1989
2.780 AC.
N63'37'23"E
11.22'
,502'1504"E
21.92'
7749'41'1W
10.38'
JNA
oNSO
WEs:
1. ALL BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON
THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83. 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 N2480044, PROJECT SURFACE
COORDINATE N-10183548.214, E.'3142527.910.
2. THIS SURVEY WAS PERFORMED WNTHOUT THE BENEFIT OF A TITLE
REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
3. ALL STATIONS AHD OFFSETS SHOWN HEREON ARE MEASURED
RELATIVE TO THE PROPOSED SURVEY WASEUNE OF US HIGHWAY 79.
ALL OFFSETS ME MEASURED AT RIGHT ANGLES TO SAID SURVEY
4. REMINDER MRFAS SHOWN IN THE TABLE ARE CALCULATED BY
SUBTRACTING THE R.O.W. ACQUISMON FROM THE RECORD DEED
ACREAGE
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
UUNDER MY DIECfON AND IS TRUE AND CORRECT
ANO BELIEF.
JOHN STRA
REGISTERED PROFESSIONAL
SEAAND SURVEYOR
TE OF T L
z41/41
DATE
v0 -
El
7
O.R.W.C.
R.O.W.
(507000 7221457
LEGEND
/
/
1X.D.O.T. TYPE M MONUMENT FOUND
NAIL FOUND (600. OR AS NOTED)
OFFICIAL RECORDS OF
WIUJ MSON COUNTY, TEXAS
RIGHT—OF—WAY
COURSES FROM PROPERTY RECORDS
PROPERTY UNE
DISTANCE NOT TO SCALE
GRAPHIC SCALE
SKETCH
to ACCOMPANY DESCRIPTION
Carter Burgess
Consultants in Surveying,
Engineering, Architecture,
Construction Management,
and Related Services
T:\Techl\TXDOTGenera1\050098_TxDoT U579-RR_RoW-Plan\Fnotes\PD03-016.dwg, 3 of 3,2003/02/14 11:09 o,Schreiberg CB Austin Survey
No. PD03-016
Carter & Burgess, Inc.
2705 Boo Caw Road
Sults 300
Austin, Tams 78748
Phonx 512.314.3100
Fax: 512.328.5872
rune—b� cy
0 Copyright 2002 Cart. at Burge.. k,c.
DATE: January 20, 2005
SUBJECT: City Council Meeting - January 27, 2005
ITEM: *8.C.2. Consider an ordinance determining the public necessity for
the acquisition of a fee simple interest in a 0.0221 acre
parcel of land, and a waterline easement in a 0.0048 acre
parcel of land for the proposed Highway 79 Improvement
Project, and if necessary, authorizing the City Attorney to
initiate eminent domain proceedings. (Parcel 13) (First
Reading)
Department: 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