G-02-11-14-12E1 - 11/14/2002ORDINANCE NO. oa i1
-�y-162
E1
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF APPROXIMATELY 0.07 ACRES, IN FEE
SIMPLE; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
ROADWAY IMPROVEMENTS TO A.W. GRIMES BLVD., 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 A.W. Grimes Blvd., 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 0.07 acres of land in Williamson County,
Texas, in fee simple, said land more particularly described in
Exhibit "A," (South Round Rock Creek 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.
::ODMA\WORLDOX\O:\WDOX\ORDINANC\021114E1.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 A.W. Grimes Blvd. 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
appraised 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
2
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 required to
complete the construction and maintenance of improvements to A.W.
Grimes Blvd. 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.
H.
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.
l I'E.{1
READ, PASSED, and ADOPTED on first reading this 1 '�I - day
of lipikefrIVU
2002.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2002.
READ, APPROVED and ADOPTED on second reading this the
day of , 2002.
4
ATTEST:
lei)
MAXWELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
0.07 Acre.Right-of-Way
P.A. Holder Survey, Abstract No. 297
Williamson County, Texas
a
EXHIBIT
FN2179(RAB)
May 21, 2001
SAM, Inc. Job No. 99105-20
DESCRIPTION OF A 0.07 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT
NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A OF THE AMENDING
PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SECTION 19 AS RECORDED IN CABINET R, SLIDE
70 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A CALLED 7.268 ACRE
TRACT OF LAND (TRACT 1), DESCRIBED 1N THE DEED TO SOUTH ROUND ROCK CREEK PARTNERS,
LTD., RECORDED IN DOCUMENT NO 199935099 OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.07 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 -inch iron rod with a plastic cap found in the north line of a called 0.050 acre tract of land
described in the Right -Of -Way (ROW) dedication deed recorded in Volume 1422, Page 455, of the Official Records
of Williamson County, Texas, same being the south line of said Lot 2;
THENCE with the common line of said 0.050 acre tract and said Lot 2 , S 88° 20' 39" W, a distance of 474.30 feet
to a concrete monument set for the southeast corner of the tract described herein, and the POINT OF
BEGINNING;
THENCE with said common line, S 88° 20' 39" W, a distance of 99.08 feet to a 1/2 -inch iron rod found for the
southwest corner of the tract described herein;
THENCE leaving said common line, and with the east line of a called 0.225 acre tract of land dedicated to the City
of Round Rock by said Amending Plat, same being the west line of said Lot 2, N 02° 09' 52" W, a distance of
116.98 feet to a concrete monument set for the northwest corner of the tract described herein, from which a 1/2 -inch
iron rod found in said common line bears N 02° 09' 52" W, a distance of 139.05 feet;
Page 1 of 3
0.07 Acre Right-of=Way FN2179(RAB)
P.A. Holder Survey, Abstract No. 297 May 21, 2001
Williamson County, Texas SAM, Inc. Job No. 99105-20
THENCE leaving said common line and crossing said Lot 2 the following three (3) courses and distances:
1. S 16° 15' 01" E, a distance of 62.41 feet to a concrete monument set for an angle point;
2. S 42° 04' 51" E, a distance of 54.51 feet to a concrete monument set for an angle point;
3. S 74° 33' 23" E, a distance of 51.32 feet to the POINT OF BEGINNING and containing 0.07 acre
of land, more or less.
Bearing Basis: Bearings 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.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Keith A. Jimenez, 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 during May 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 25th day of May, 2001 A. D.
SURVEYING AND MAPPING, Inc.
4029 Capital of Texas Hwy. So., Suite 125
Austin, Texas 78704
� s
Keith A. Jimenez
Registered Prof •nal Land Surveyor
No. 4329 - State of Texas
*
KEITH A. JIMENEZ ...
1. 4329
47 SSVC r'.4
SURq
Page 2 of 3
MAY, 2001
P.A. HOLDER SURVEY A-297
WILLIAMSON COUNTY, TEXAS
SCALE 1"•50'
0 25 50
CITY OF ROUND ROCK
CALLED 0.225 ACRE
ARTERIAL B RIGHT-OF-WAY
CABINET R, SLIDE 70
P.R.W.C.TX.
RIGHT-OF-WAY DEDICATION
CALLED 0.050 ACRE /
VOL. 1422 PAGE 455
O.R.W.C.TX.
/
/
/
/
/
P.A. HOLDER SURVEY A-297
NO2° 09'52"W
TRACT I
SOUTH ROUND ROCK
CREEK PARTNERS, LTD.
CALLED 7.268 ACRES
DOC. No. 199935099
0.P.R.W.C.TX.
LOT 2, BLOCK A
AMENDING PLAT OF
LOTS 2 AND 3, BLOCK A
SOUTH CREEK SEC. 19
CABINET R, SLIDE 70
P.R.W.C.TX.
-0.07 ACRES
voA,
�St•
74°33,
5j 33•it S8474 20'.3"W
%2"IRF
NOTES:
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.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
KEI H A. JIMENEZ
REGISTERED PROF
NO. 4329, STATE 0
AL LAN
EXAS
SURVEYING•AERIAL MAPPING•ENGINEEIIING
5/Z 5/0 /
DATE
EYOR
S88° 20'39"W
99.08'
GATTIS SCHOOL ROAD
4029 Capital of Texas Highway, So.
Brodie Oaks Professional Plaza, Suite 125
INC. Austin, Texas 78704
(512) 447-0575
Fax: (512) 326-3029
V
Qs.
- .p •C
LEGEND
JO CONCRETE MONUMENT SET
L CALCULATED PONT
o '/" RON ROO SET IV/CAP UNLESS NOTED
�'• / RON ROD FOUND W/CAP UNLESS NOTED
c I RECORD NFORMATION
P.O.& PONT OF REGAINING
e.o.c. PONT OF COI.ENCNG
NF RON ROO FOIDC
PF RON PIPE FOUND
OPR.r.C.T.. OFEICIAL PUBIC RECORDS WILLIAMSON
COUNTY. TEXAS
OR.r.C.T.. OFFIO L RECORDS WILLIAMSON COUNTY. TEXAS
P.LW.C.T.. PLAT RECORDS WILLIAMSON COUNTY. TEXAS
GEED RECORDS WLLIAMSON COUNTY, TEXAS
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
SOUTH ROUND ROCK CREEK
PARTNERS, LTD.
PAGE 3 OF 3
REF. HELD
NOTE NO. 2179
IF
DATE: November 7, 2002
SUBJECT: City Council Meeting — November 14, 2002
ITEM: * 12.E.1. Consider an ordinance determining the public necessity for the
acquisition of 0.07 acres of land for the proposed A. W. Grimes
Boulevard 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 South Round Rock Creek.
The construction of A.W. Grimes will accommodate new development in
the southeast quadrant of the City.
Funding: N/A
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.
Public Comment: N/A
Sponsor: N/A