G-01-09-27-14D2 - 9/27/2001ORDINANCE NO. g_oi_oq_a 7— I 4-1D cl)
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF APPROXIMATELY 0.17 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 0.17 acres of land in Williamson County,
Texas, in fee simple, said land more particularly described in
Exhibit "A," (Werner 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\0:\WDOX\ORDINANC\010927D2.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
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 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.
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 day
of 2'11g61/..16)1L) , 2001.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2001.
READ, APPROVED and ADOPTED on second reading this the
day of , 2001.
ATTEST:
E LAND, City Secretary
!,y
ROB RT A. STLUKA, JR., ayor
City of Round Rock, Texas
4
0.17 Acre
Memucan Hunt Survey, Abstract No. 314
Williamson County, Texas
EXHIBIT
FN 1780(CMS)
May 4, 2000
SAM, Inc. Job No. 99252-21
DESCRIPTION OF A 0.17 ACRE TRACT OF LAND IN THE MEMUCAN HUNT SURVEY ABSTRACT NO.
314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 2.50 ACRE TRACT OF LAND
DESCRIBED IN THE DEED TO DALE E. WERNER AS RECORDED IN VOLUME 583, PAGE 262 OF THE
OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.17 ACRE TRACT OF LAND AS SHOWN
ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the intersection of the east right-of-way (ROW) line of County Road
No. 170 (variable width ROW), and the south ROW line of Roundville Lane (a 50 foot wide road easement) as
described in Volume 1125, Page 368 of the Official Records Williamson County, Texas, same being the northwest
corner of the said Werner 2.50 acre tract, and the POINT OF BEGINNING;
THENCE with said south ROW line, same being the north line of said Werner 2.50 acre tract N 66° 29' 06" E, a
distance of 43.27 feet to a 1/2 -inch iron rod with cap set for the northeast corner of the tract described herein, from
which the northeast corner of said Werner 2.50 acre tract bears N 66° 29' 06" E, a distance of 589.13 feet;
THENCE leaving said common line and crossing said Werner 2.50 acre tract the following two (2) courses and
distances:
1. S 54° 16' 42" E, a distance of 30.24 feet to a concrete monument set, and
2. S 54° 08' 28" E, a distance of 169.94 feet to a 1/2 -inch iron rod with cap set in the common line of said
Werner 2.50 acre tract and a called 2.50 acre tract of land described in the deed to Lloyd Howard
Harrison, Jr. as recorded in Document No. 9452750 of the Official Records Williamson County,
Texas, from which the east common corner of said Wemer 2.50 acre tract, and said Harrison 2.50 acre
tract bears N 66° 28' 04" E, a distance of 588.79 feet;
THENCE with said common line of S 66° 28' 04" W, a distance of 43.58 feet to a 1/2 -inch iron rod with cap set for
the west common comer of said Harrison 2.50 acre tract, and said Werner 2.50 acre tract, same being in the said east
ROW line;
THENCE with said east ROW line, same being the west line of said Werner 2.50 acre tract N 54° 05' 01" W, a
distance of 200.04 feet to the POINT OF BEGINNING and containing 0.17 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
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Michael R. Hatcher, 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 March 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 9th day of May, 2000 A. D.
SURVEYING AND MAPPING, Inc.
4029 Capital of Texas Hwy. So., Suite 125
Austin, Texas 78704
Page 1 of 2
Mic ael R. Hatcher
Registered Professional La
No. 4259 - State of Texas
06��E
29 ,
P.O.B. •
ME
NOTES,
if
`30'6A
2•
c
\ (No(` /4241-•O1
RFc,o %/0)-,5,-(10 0
N 49
NN o,
S`Sst o
06,
828 F'
CALLED 2.50 ACRES
DALE E. WERNER
VOL. 583, PG. 262
O.R.W.C.Tx.
S6\o
5•
MUCAN HUNT SURVEY R - 314 \
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.
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
TM
ATE MI H L R. HATCHE E
REGI TERED PROFESSIONAL LAND SURVEYOR
NO. 4259, STATE OF TEXAS
s
SURVEYING•AERIAL MAPPING•ENGINEERING
4029 Capital of Texas Highway, So.
INC. Brodie Oaks Professional Plaza, Suite 125
Austin, Texas 78704
(512) 447-0575
Fax: (512) 326-3029
MAY, 2000
MEMUCAN HUNT SURVEY A-314
WILLIAMSON COUNTY, TEXAS
SCALE 1"•50'
0 25 50
5$5'19,
CALLED 2.50 ACRES
LLOYD HOWARD HARRISON, JR.
DOC. No. 9452750
O.R.W.C.Tx.
q°0,‘„0
\
h; `itiF\
LEGEND
• CONCRETE MONUMENT SET
® %z" PIPE FOUND UNLESS NOTED
O V2' IRON ROD SET W/CAP UNLESS NOTED
• I/2" IRON ROD FOUND UNLESS NOTED
) RECORD INFORMATION
P.o.e. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
IRF IRON ROD FOUND
IPF IRON PIPE FOUND
O.P.R.W.C.T.. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY, TEXAS
OFFICIAL RECORDS WLLIAMSON COUNTY, TEXAS
PLAT RECORDS WILLIAMSON COUNTY, TEXAS
DEED RECORDS WILLIAMSON COUNTY, TEXAS
o.R.W.C.T..
P.R.W.C.T..
O.R.W.C.T..
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
DALE E. WERNER
PACE 2 OF 2
REF. FIELD
NOTE NO. 1780
1
September 21, 2001
SUBJECT: City Council Meeting — September 27, 2001
ITEM: * 14.D.2. Consider an ordinance determining the public necessity for the
acquisition of 0.17 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, Legal Assistant
History: This ordinance will allow for the City Attorney to initiate eminent domain
proceedings to acquire the necessary tract from Mr. Werner. The construction of
A.W. Grimes will accommodate new development in the southeast quadrant of
the City.
Funding:
Cost: N/A
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfield, P.C.
Impact/Benefit: Increased mobility in the southeast quadrant of the City
Public Comment: N/A
Sponsor: N/A