G-03-04-10-11A1 - 4/10/2003ORDINANCE NO. 6- 03 -014- " ID- ill
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF APPROXIMATELY 0.091 ACRES, IN FEE
SIMPLE; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
ROADWAY IMPROVEMENTS TO COUNTY ROAD 122, 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 County Road 122, 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 0.091 acres of land in Williamson County,
Texas, in fee simple, said land more particularly described in
Exhibit "A," (Walker 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.
O:\wdox\OPDINANC\03041CA1. WPD/dc
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 County Road 122 and to acquire fee simple title in
and to the above described lands, 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 the Property, and
to make official, written, bona fide offers to the owners for the
market value of said Property. 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. the Property, proceedings in
eminent domain to acquire fee simple title in and to the above
described lands, in order to allow the City and/or its assigns to
2
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 required to
complete the construction and maintenance of improvements to County
Road 122 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.
3
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 1U day
of , 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
ATTEST:
, 2003.
NY
Cit
e C)Tanthe4___
CHRISTINE R. MARTINEZ, City Secre ry
WE -, Myour
f Round Rock, Texas
4
DESCRIPTION
FOR A 0.091 ACRE (3,987.60 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 1 OF "OLD OAKS ESTATES" A SUBDIVISION ACCORDING
TO THE PLAT THEREOF RECORDED IN CABINET D SLIDE 49 OF THE PLAT RECORDS
OF SAID COUNTY, SAID 0.091 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on an iron rod found on a point in the westerly right-of-way line of County Road 122(C.R
122) (right-of-way width varies), same being the north boundary line of said Lot 1, also being the most
southeasterly corner of Lot 11 of "Forest Bluff- Sec. 1B", a subdivision according to the Plat thereof
recorded in Cabinet D Slide 49 of the Plat Records of said County, from which an iron rod found on a point
in the north boundary line of said Lot 1, same being the most southwest corner of said Lot 11, same being
the most southeast comer of Lot 12 of said "Forest Bluff Sec. 1B" subdivision, bears S89°52'30"W a
distance of 41.17 -feet,
THENCE continuing with the westerly right-of-way line of said C.R 122, same being the north boundary
line of said Lot 1, N89°52'30"E (Bearing Basis/Directional Control Line) for a distance of 20.01 -feet to a
point being the most northeast corner of said Lot 1;
THENCE continuing with the westerly right-of-way line of said C.R. 122, same being the east boundary
line of said Lot 1, S00°04'45"E for a distance of 194.36 -feet to a point being the most southeast comer of
said Lot 1, same being the most northeast corner of Lot 2 of said "Old Oaks Estate" subdivision;
THENCE departing the westerly right-of-way line of C.R. 122, with the south boundary line of said Lot 1,
same being the north boundary line of said Lot 2, N89°58'52"W for a distance of 21.03 -feet to an iron rod
set hereof;
THENCE departing the north boundary line of said Lot 2, through the interior of said Lot 1, N00°13'25"E
for a distance of 194.31 -feet to the POINT OF BEGINNING hereof and containing 0.091 acre of land.
Surveyed under the direct supervision of the undersigned:
Donald J. Kirby
Registered Professional Land Surveyor No. 2508
Baker Aicklen & Assoc.
203 E. Main St. Ste. 201
Round Rock, Tx. 78664
(512) 244-9650
122oou.doc
ZObo
Dtate
LOT 4
LOT 3
SKETCH TO ACCOMPANY DESCRIPTION
IRF 168.07'
IRF
4!.17'
S89°52'30"W 229.25'
(N89°52'30"E 229.25)
BEARING BASIS/ DIRECTIONAL CONTROL LINE
OLD OAKS ESTATES
CAB. D, SLD. 49
( r
h t �1 t
P ♦t 4_ 5 s'}�l , t
1" t
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r
-5 r
(
w �. _l
LOT I
,
SUBJECT TRACT
0.091 AC.
3,987.60 sq. ft.
10' ROAD EASEMENT
PER PLAT
8 r t
!, tY y r
t 't
.
i J
LOT 2
1
NOO°13125"E
IRS
N8
SCALE: 1"1-z:50'
P.0.B.
N89°52'30' E
20.0!'
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00
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0
IRF
21. 3'
°5 '52"W
J
OLD OAKS DRIVE (50' ROW)
LEGEND
•IRF = IRON ROD FOUND
O IRS = IRON ROD SET
( ) = RECORD INFORMATION
P.O.B. = POINT OF BEGINNING
a
LOT 21
WOODLAND
LOOP
(50' R.O.W.)
EXHIBIT "A"
DATE: 4-2000
JOB No.: 601-758-10
File:
BY: BKS
13N,
Baker-Alcklen
& Associates, Inc.
Engineers/Surveyors
DATE: April 4, 2003
SUBJECT: City Council Meeting — April 10, 2003
ITEM: *11.A.1. Consider an ordinance determining the public necessity for the
acquisition of 0.091 acres of land for the proposed CR 122 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 tract from the Walkers for the CR 122
project. The expansion of CR 122 will accommodate new development in this
part 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