G-03-04-10-11A2 - 4/10/2003ORDINANCE NO. a- 014-10- 11/9
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF UNENCUMBERED TITLE TO
APPROXIMATELY 0.340 ACRES, IN FEE SIMPLE; GIVING NOTICE
OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO
CONSTRUCT AND MAINTAIN ROADWAY IMPROVEMENTS TO
STATE HIGHWAY 45, 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 roadway
improvements to State Highway 45, 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 approximately 0.340 acres of land in Williamson County,
Texas, in fee simple, including the acquisition or extinguishment
of any existing liens and encumbrances affecting the property, said
land more particularly described in Exhibit "A," (Roundville/Wayman
parcel) 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.
0:\wdox\ORDINANC\030410A2.WPD/elc
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 roadway
improvements to State Highway 45 and to acquire fee simple title 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
2
domain to acquire unencumbered title 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
improvements to State Highway 45 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.
3
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 %( day
, 2003.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2003.
READ, APPROVED and ADOPTED on second reading this the
day of , 2003.
4
ATTEST:
y?/)
�L//�
MAXWELL, Mayor
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec i Lary
County: Williamson
Parcel No.: 152
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 152
Page 1 of 3
April 18, 2000
DESCRIPTION OF A 0.340 ACRE (14,834 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION
OF LOT 4 HENDERSON TRACT SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195
OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND
CONVEYED IN THE WARRANTY DEED TO ROUNDVILLE PARTNERS, L.L.C. AS RECORDED IN
DOCUMENT NO. 9801007 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.340
ACRE (14,834 SQUARE FEET) TRACT AS SHOWN ON A RIGHT-OF-WAY SKETCH PREPARED BY SAM,
INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in an
east line of Lot 1 of said Henderson Tract Subdivision being the same tract of land conveyed in the Special
Warranty Deed to Stephen M. Jones as recorded in Volume 2128, Page 618 of the Official Records Williamson
County, Texas, same being the west line of said Lot 4, also being in the proposed south right-of-way (ROW) line of
State Highway 45 (S.H. 45) for the southwest corner of the tract described herein, being 199.93 feet right of Survey
Baseline Station 634+74.84, from which a 1/2 -inch iron rod found for the southwest corner of said Lot 4 bears
S 18° 05' 30" E, a distance of 149.50 feet;
1) THENCE with said common line N 18° 05' 30" W, a distance of 100.53 feet to a 1/2 -inch iron rod found
in the existing south ROW line of Louis Henna Boulevard (a varying width ROW) for a north comer of
said Lot 1, same being the northwest comer of said Lot 4, also being the northwest comer of the tract
described herein;
2) THENCE leaving said common line and with the south ROW line of said Louis Henna Boulevard, same
being the north line of said Lot 4, N 71° 54' 25" E, a distance of 150.01 feet to a 1/2 -inch iron rod found for
a north comer of said Lot 1, same being the northeast corner of said Lot 4, same being the northeast corner
of the tract described herein, from which a 1/2 -inch iron rod found bears N 71° 54' 25" E, a distance of
372.67 feet;
3) THENCE leaving said common line, and with a west line of said Lot 1, same being the east line of said
Lot 4, S 18° 05' 30" E, a distance of 97.24 feet to a 1/2 -inch iron rod with a TxDOT aluminum cap set in
the proposed south ROW line of said S.H. 45 being 199.85 feet right of Survey Baseline Station 636+24.89
for the southeast comer of the tract described herein;
FN 1760 20081-20
Page 2 of 3
April 18, 2000
4) THENCE leaving said common line, and crossing said Lot 4 with said proposed south ROW line,
S 70° 38' 55" W, a distance of 150.04 feet to the POINT OF BEGINNING and containing 0.340 acre
(14,834 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, John E Brautigam, 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 was
determined by a survey made on the ground April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 19`x' day of April, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
E Braut
gistered P
o. 5057 -
am
„ essional Land Surveyor
to of Texas
FN 1760 20081-20
EXISTING R.O.W. LANE
SURVEY BASELINE
- + ...
N 70'40'43"E 50_60.48'
EXISTING R.O.W. LINE
WILLIAMSON COUNTY, TEXAS
SCALE
1"=100'
.a so
APPROXIMATE LOCATIONOF SURVEY LINE
635
STATE HIGHWAY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.)
CN72° 49'38"W 150.001
N71* 54'25"E 150.01'
•
414146,'
0
O
0
N71* 54'25"E 372.67'
N
O.
;D
PROeOSED R.O.W. LINE
P.O.B
.634.74.84
199.93' RT
N-10151616.80606
E-3142372.18866
LOT 1
U)I
0
cp
w
0
LOT 4
20.'' DRAINAGE EASEMENT
636..24.89
199.65;. RT
LOF'i
P.O.R.
STEPHEN M. JONES
VOL. 2128, PG. 618
O.R.W.C.TX.
NOTES,
ROUNDVILLE:PARTNE
DOC. No.9801
O.R;W:C.TX` 77:
MEMUCAN HUNT S UA V j Y A :3-14
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS
NOT SHOWN.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA
THIS PLAT IS TRU AND CORRECT TO THE BEST OF MY
KN WLEDGE AND B: LIEF.
JO
RE
NO
E BRAUTI
ISTERED PR
5057, STAT
SSIONAL LAND SURVEYOR
F TEXAS
HENDERSON TRACT SUBDIVISION
CABINET I, SLIDES 195-196
P.R.W.C.Tx.
LEGEND
P.O.R.
■ TYPE I CONCRETE MONUMENT FOUND
O TYPE II CONCRETE MONUMENT FOUND
• TYPE II CONCRETE MONUMENT SET
• I/{' PIPE FOUND UNLESS NOTED
O V2' IRON ROD SET W/ TXDOT CAP UNLESS NOTED
• 1/2' IRON ROD FOUND UNLESS NOTED
• 60 D NAIL SET UNLESS NOTED
A 60 0 NAIL FOUND UNLESS NOTED
A CALCULATED POINT
4 PROPERTY LINE
4. CENTER LINE
f 1 RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
P.O.R. POINT OF REFERENCE
P.C. POINT OF CURVATURE
P.T. POINT OF TANGENCY
NT NON -TANGENT CURVE
IRF IRON ROD FOUND
PT IRON PIPE FOUND
P.U.E. PUBLIC UTILITY EASEMENT
.P.R.W.C.T,. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY. TEXAS
OR.w.C.T.. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
P.R.W.C.Tx. PLAT RECORDS WILLIAMSON COUNTY. TEXAS
D.R.W.C.T.. DEED RECORDS WILLIAMSON COUNTY. TEXAS
4029 Capital of Texas highway, So.
INC. Brodie Oaks Professional Plaza, Suite 125
Austin, Texas 78704
(512) 447-0575
Fax: (512) 326-3029
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
ROUNDVILLE PARTNERS, L.L.C.
PAGE 3 OF 3
REF. FIELD
NOTE NO. 1760
PARCEL 152
DATE: April 4, 2003
SUBJECT: City Council Meeting — April 10, 2003
ITEM: *11.A.2. Consider an ordinance determining the public necessity for the
acquisition of 0.340 acres of land for the proposed SH 45 project, and if
necessary, authorizing the City Attorney to initiate eminent domain
proceedings to acquire this needed property. (First Reading)
Resource: Steve Sheets, City Attorney
Julie Wolff
History:
This ordinance will allow for the City Attorney to initiate eminent domain
proceedings to acquire the necessary property interests from Roundville and /or
Wayman Company to allow TTA to construct State Highway 45. The
construction of State Highway 45 will accommodate new development and
mobility in the southeast quadrant of the City.
Cost: N/A
Source of Funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfield, P.C.
Impact: Increased mobility in the southeast quadrant of the City.
Sponsor: N/A