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G-05-01-27-8C3 - 1/27/2005ORDINANCE NO. - 050 -a t -?C2 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF .0219 ACRE AND A .0040 ACRE WATERLINE EASEMENT ACQUISITION; 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 0.0219 acre (parcel 12), and a 0.0040 acre waterline easement in Williamson County, Texas, said land more particularly described in Exhibit "A" (Edwin Clark, Parcel No. 12) 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/O:/WDOX/ORDINANC/050127C3.WPD/11 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 fileor 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 OC / day of (li.1aft11 , 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. WELL, ayor Cit of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret 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 EXHIBIT Page 1 of 3 PROPERTY DESCRIPTION FOR PARCEL 12 DESCRIPTION OF 0.0219 ACRES (952 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 13.123 ACRES IN THAT WARRANTY DEED TO EDWIN H. CLARK AND BARBARA QLARKs TRUSTEES, DATED SEPTEMBER 11, 1998, RECORDED IN DOCUMENT NO. 9853896, "OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.0218 -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 Texas Department of Transportation (Tx.D.o.T.) Type II Monument set, 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 13.123 -acre Clark tract, being a southeast line of that tract of land described as 16.52 acres in Legend Village Subdivision, Section Three, Lot 1, Block "C", recorded in Document No. Official Public Records of Williamson County, Texas, and being 64.00 feet left of proposed survey baseline station 220+56.34, and also being the northwest comer of the herein described 0.0219 -acre tract, from which a Point for Reference, being a 60d nail found in a fence post at an angle point on the said southwest line of the 13.123 -acre Clark tract and southeast line of the said 16.52 acre Lot 1, bears NO2°23'30"W, a distance of 678.99 feet; 1. THENCE leaving the said southwest line of the 13.123 -acre Clark tract and southeast line of the 16.52 -acre Lot 1, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 13.123 - acre Clark tract, N77°49'41"E, a distance of 10.01 feet to a point on a southeast line of the said 13.123 -acre Clark tract, being a southwest line 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, the Official Records of Williamson County, Texas, said point being 61.54 feet left of proposed survey baseline station 220+66.04, from which a Point for Reference, being a nail found in the road at an angle point on the said southeast line of the 13.123 -acre Clark tract and southwest line of the 6.16 -acre Griffin tract, bears NO2°18'39"W, a distance of 678.07 feet; 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 13.123 -acre Clark tract and southwest line of the 6.16 -acre Griffin tract, S02°18'39"E, passing ata distance of 94.96 feet a 3/4 -inch iron rod found, in all a total distance of 95.89 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 southeast corner of the said 13.123 -acre Clark tract, and being the southwest corner of the said 6.16 -acre Griffin tract; 3. THENCE leaving the said southeast line of the 13.123 -acre Clark tract and southwest 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 13.123 -acre Clark tract, S63°36'48"W, a distance of 10.65 feet to a point, being the most southerly southwest corner of the said 13.123 -acre Clark tract, and being the easterly southeast corner of the said 16.52 acre Lot 1, from which an "X" found cut in the top of a brick column bears N30°14'06"W, a distance of 0.54 feet; 4. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the 13.123 -acre Clark tract, with the said west line of the 13.123 -acre Clark tract and east line of the 16.52 acre Lot 1, NO2°23'30"W, a distance of 98.52 feet to the POINT OF BEGINNING and containing 0.0219 acres (952 square feet) of land, more or less. T:\Tech1\TxDOTGenera11050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-228_P12.ay.doc February 13, 2003 Page3of3 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. 145' LI N77'49'41 "E U1 co 1m 1} a '¢o 0 co co0 o.0 cc 0.. EDWIN H. CLARK AND BARBARA CLARK, TRUSTEES DOC.9853896, O.R.W.C. WARRANTY DEED: SEP. 11, 1998 13.123 AC. POINT OF BEGINNING PARCEL 12 220+56.34 64.00' Lt N=10165376.574 E=3145984.735 PRJOR A. HOLDER SURVEY ABSTRACT 297 LEGEND VILLAGE SUBDIVISION SECTION THREE LOT 1, BLOCK "C" 16.52 AC. DOC. XXXXXXX 220.66.04 61.54 Lt Vim - z d 0.0219 AC. N_ 952 SQ.FT. N \10.9 LEGEND • X O.R.W.C. 0.P.R.W.C. TX.D.O.T. R.O.W. 57270'W 123+45 (so7o'oo'E) (121452 1.7 TX.D.O.T. TYPE II MONUMENT SET NAIL FOUND (BOD. OR AS NOTED) RON ROD FOUND (1/2" OR AS NOTED) Y. MARK FOUND IN TOP OF BRICK COLUMN OFFICIAL RECORDS OF WILLIAMSON COUNTYY, TEXAS OFF1C41. PUBUC RECORDS OF WIWAMSON COUNTY, TEXAS TEXAS DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY COURSES & STATIONS FROM 1XD.O.T. RECORDS COURSES FROM ADJOINING PROPERTY RECORDS GUARD RAJ. FENCE UNE PROPERTY UNE CENTERLINE DISTANCE NOT TO SCALE PARCEL NUMBER FOR R.O.W. ACOtISTUON CarterBurgess 2705 Bee Cove Road Suite 300 Austin. Texas 78746 Phone:512.314.3100 Fax:512.328.6672 www.c—b.corn © Copyright 2002 Carter & Burgess, Inc. N.T.S. 7g• N MI 1') \ N i 3014 C15 " 0.54 GRAPHIC SCALE 65' (1 to to 0 U 0 0 40 EXISTING R.O.W. UNE 50 1 0 NOTES: 1. ALL BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD63, CENTRAL ZONE ALL DISTANCES SHOWN HEREON ARE SURFACE DIST/VICES. ALL COORDINATES WERE ADJUSTED FROM STATE PANE ORD TO PROJECT 50' SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085. REFERENCE Tx.D.o.T. CONTROL POINT N2480044, PROJECT SURFACE COORDINATE N-10163548.214, 5-3142527.910. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIRE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATNE TO THE PROPOSED SURVEY BASELINE OF US HIGHWAY 79. OFFSETSARE MEASURED AT RIGHT ANGLES TO SAID SURVEY BASELJN 4. REMINDER AREAS SHOWN IN THE TABLE ARE CALCULATED BY SUBTRACTING THE R.O.W. ACOUISRON FROM THE RECORD DED 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER_ DIRECTION SUPERVISION. AND IS TRUE AND CORRECT TO '� a' AND BE1.EF. REGISTERED PROFESSIONAL STATE OF TEXAS N0. 4283 exek DATE RIGHT-OF-WAY PLAT SHOWING PROPERTY OF EDWIN H. & BARBARA CLARK GATE OCTOBER 2001 PARCEL NUMBER 12 SCALE 1"=50' Tx.D.O.T. PROJECT US HIGHWAY 79 DISTRICT 14 ACQUISITION ACRES 0.0219 SQUARE FEET 952 ACCOUNT NO. 8014-2-29 C. S. J. NO. 0204-01-055 COUNTY WILLIAMSON DEED AREA 13.123 REMAINDER AREA 13.101 T:\Tech1\TxDOT6eneral\050098_TxDoT_U579-RR_RoW-Plan\Fnotes\Fn01-228_P12.dwg, 3 of 4, 2003/02/13 03:18 p, SchreiberlcL, CB Austin Survey 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 BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: Page 2of3 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, Tgxas, this the 13tj, day of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Ste. 300 Austin, Texas 78746 John Strawbri2lge Registered Professional Land Surveyor No. 4283 - State of Texas T:\Tech1\TxDOTGenera1\050098_TxDoT US79-RR_RoW-Pian\Fnotes\Fn01-228_P12.ay.doc February 13, 2003 Page 1 of 3 City of Round Rock Water Line Easement PROPERTY DESCRIPTION FOR WATER LINE EASEMENT DESCRIPTION OF 0.0040 ACRE (175 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 13.123 ACRES IN THAT WARRANTY DEED TO EDWIN H. CLARK AND BARBARA CLARK, TRUSTEES, DATED SEPTEMBER 11, 1998, RECORDED IN DOCUMENT NO. 9853896 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, THE SAID 0.0040 ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH FOR THIS EASEMENT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation Type II Monument, 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 13.123 -acre Clark tract and southeast line of the tract of land described as 16.52 acres in Legend Village Subdivision, Section Three, Lot 1, Block "C" recorded in Document No. , Official Public Records of Williamson County, Texas; 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 13.123 -acre Clark tract and southeast line of said Legend Village Subdivision, NO2°23'30'W, a distance of 16.42 feet to a point; THENCE leaving the said southwest line of the 13.123 -acre Clark tract and southeast line of said Legend Village Subdivision, over and across the said 13.123 -acre Clark tract, N63°37'23"E, a distance of 10.82 feet to a point on the southeast line of the said 13.123 -acre Clark tract, being a southwest line 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, Official Records of Williamson County, Texas; THENCE with the said southeast line of the 13.123 -acre Clark tract and southwest line of the 6.16 -acre Griffin tract, S02°18'39"E, a distance of 19.12 feet to a point 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 13.123 -acre Clark tract and southwest line of the 6.16 -acre Griffin tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 13.123 -acre Clark tract, S77°49'41"W, a distance of 10.01 feet to the POINT OF BEGINNING and containing 0.0040 acres of land, more or Tess. T:\Tech1\TxDOTGeneral\050098_TxDoT US79-RR RoW-Plan\Fnotes\PD03-015.ks.doc February 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 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, Texas the 14 of February, 2003 A.D. Carter & Burgess, Inc. 2705 Bee Cave Rd., Suite 300 Austin, Texas 78746 n Strawbridg Registered Professional Land Surveyor No. 4283 - State of Texas T:\Tech1\TxDOTGenera1\050098_TxDoT US79-RR_RoW-Plan\Fnotes\PD03-015.ks.doc February 14,2003 EDWIN H. CLARK AND BARBARA CLARK, TRUSTEES DOC.9853896, O.R.W.C. WARRANTY DEED: SEP. 11, 1998 13.123 AC. LEGEND VILLAGE SUBDIVSION SECTION THREE LOT 1, BLOCK "C" DOC. 16.52 AC. w 0 a w 0 '4 Pa e3of3 PRIOR A. HOLDER SURVEY NO.9 ABSTRACT 297 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. 0.0040 AC. N63'37'23" 10.82' NO2'23'30" 16.42' POINT OF BEGINNING 50218'39"E 19.12' ‘>N6 It 19 VS01-)6��5<1od Is. 7'49'41"W 10.01' ePs/� 0,0090) v fi` i i LEGEND O V O.P.R.W.C. O.R.W.C. R.O.W. (S020.00 -E 023..45) 1X.D.0.T. TYPE N MONUMENT WIN_ FOUND (600, OR AS NOTED) OFFICIAL PUBLIC RECORDS OF WILLWMSON COUNTY, TEXAS OFFICIAL RECORDS OF WILL AMSON COUNTY, TEXAS RIGHT—OF—WAY COURSES FROM PROPERTY RECORDS PROPERTY UNE DISTANCE NOT TO SCALE Motes 1. ALL. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON 1HE TEXAS STATE PLANE COORDINATE SYSTEM, NAD63. 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 11410183548.214, E-3142527.910. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIRE REPORT. THERE MAY BE EASEMENTS OR OILER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED RELATIVE TO THE PROPOSED SURVEY BASE.NNE OF US HIGHWAY 79. ALL OFFSETS ARE MEASURED AT RICHT ANGLES TO SAID SURVEY BASELINE 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED By SUBTRACTING THE R.O.W. ACQUSMON FROM THE RECORD DEED ACREAGE I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. JOHN STRAWBRIDGE REGISTERED PROFESSIONµ. LAID SURVEYOR STATE OF TEXAS N0. 4283 DATE ETCH to ACCOMPANY [ETCH 4' ' 2' 1' �yy GRAPHIC SCALE DESCRIPTION Consultants In Surveying, Engineering, Architecture, Construction Management, and Related Services No. PD03-015 Carter & Burgess, Inc. 2705 Boo Cava Road Sults 300 Ausrn, Turas 78748 Phone 512.314.3100 fax: 512.328.8872 0 .e—b.com T:\Techl\TXDOTGeneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\PD03-015.DWG, 3 of 3, 2003/02/14 11:06 a, SchreiberICL, CB Austin Survey O Copy.ig t 2002 Carter t 9urq,s.. Inc. DATE: January 20, 2005 SUBJECT: City Council Meeting - January 27, 2005 ITEM: *8.C.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.0219 acre parcel of land, and a waterline easement in a 0.0040 acre parcel of land for the proposed Highway 79 Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 12) (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