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G-01-04-12-13D6 - 4/12/2001ORDINANCE NO. (Di- o `7 " / 2 /306', AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF APPROXIMATELY 0.886 ACRES FOR A WATER TRANSMISSION LINE EASEMENT AND ASSOCIATED PUBLIC PURPOSES; AND GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY AND 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 obtain a permanent easement in, over, and across the below described property for the installation, construction and maintenance of a water transmission line and to perform associated public 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 a permanent easement across the three tracts of land, located in Williamson County, Texas, totaling 0.886 acres of land, which are more particularly described in Exhibits "A -C" and are incorporated herein by reference, ("Property"); 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, Now Therefore O:\WPDOCS\ORDINANC\010412D6.WPD/ela BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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 obtain a permanent easement 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 installation, construction and maintenance of a water transmission line 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 a permanent easement 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 installation, construction and maintenance of a water transmission line 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, and the Act. 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 /2.1 day of , 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 RO- 'T A. STLUKA, JR.Mayor City of Round Rock, Texas 4 FIELD NOTE DESCRIPTION: A 25 FOOT WIDE WATERLINE EASEMENT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO, 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.00 ACRES, CONVEYED TO JIMMY R. WALLIN, ET UX, FROM RUDOLPH WALLIN, ET UX, IN A DEED RECORDED IN VOLUME 688, PAGE 322, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the southwest corner of said 2.00 acre tract, same being a point in that certain tract of land said to contain 152.38 acres, and conveyed to Rudoph Wallin, et ux and recorded in Volume 450, Page 14, of the Deed Records of Williamson County, Texas, for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 06°10'42" West, with the west line of said 2.00 acre tract, a distance of 21.76 feet to a calculated point for the northwest corner of this tract; THENCE departing the west line of said 2.00 acre tract, North 72°54'55" East, crossing said 2.00 acre tract, a distance of 173.59 feet to a calculated point in the east line of said 2.00 acre tract, same being a point in said 152.38 acre tract, for the northeast corner of this tract; THENCE South 06°10'42" East, with the east line of said 2.00 acre tract, a distance of 25.46 feet to a calculated point, for the southeast corner of this tract, from which the southeast corner of said 2.00 acre tract bears South 06°10'42" East, 1.38 feet; THENCE departing the east line of said 2.00 acre tract, South 72°54'55" West, a distance of 47.14 feet to a calculated point in the south line of said 2.00 acre tract, for an angle corner of this tract; THENCE South 74°34'18" West, with the south line of said 2.00 acre tract, a distance of 125.79 feet, to the POINT OF BEGINNING. Containing 0.094 acres more or less. Q -%CQ 53/0) Randall S. Jones Date Registered Profess nal Land Surveyor No. g 4391 State of Texas RJ Surveying, Inc. 1212 E. Braker Lane Austin, Texas 78753 S:\Land Projects R2\658\docs\25' March 7, 2001 Page 1 of 1 EXHIBIT A W O z 0 J W_ L.: z 0 0 U V) 0 z La w J 0 0 0 w CC 0 W w 0 Z 0 0 z 0 J J II 0 6 0 WATERLINE EASEMENT ci 3 \ a LO Z F- _ Z J Z O z 5 o> a wOw LLiCe 0 0 O • J Z OU 0 < 0 W• w tY o m0 0 — • DATE: MARCH 7, 2001 U Z 0 z_ Lu ?- D LINE TABLE W 2 LiJ J N }LI O O J :n ui (1) 0 11 w LEGAL DESCRIP770N: BY RJ SURVEYING INC. (512) 836-4793 AUSTIN, TEXAS 1212 BRAKER LANE FIELD NOTE DESCRIPTION: A 25 FOOT WIDE WATERLINE EASEMENT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND, DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AND RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for a point of reference, at a concrete monument found in the north occupational right-of-way line of County Road 113, known locally as Kiphen Road, being a point in the east line of said 152.38 acre tract, for the southwest corner of Greenslope Addition Amended subdivision, a subdivision recorded in Cabinet D, Slide 62 of the Plat Records of Williamson County, Texas; THENCE South 70°55'44" West, with the north occupational right-of-way line of said County Road 113, crossing said 152.38 acre tract, a distance of 975.53 feet passing, an iron rod found, for a point in the east line of that certain tract of land conveyed to the State of Texas, and recorded in Volume 1970, Page 515, of the Official Records of Williamson County, Texas a distance of 1088.71 feet passing a point in the west line of said State of Texas tract, recorded in Volume 1970, Page 515, entering said 152.38 acre tract, in all a total distance of 1948.79 feet to a calculated point in the arc of a curve; THENCE along the arc of said curve to the right, a distance of 5.41 feet, said curve not being tangent to the last described course, having a radius of 1050.00 feet, a central angle of 00°17'42", a chord which bears North 51°28'34" East, a chord distance of 5.41 feet, to a calculated point, for the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 72°54'55" West, crossing said 152.38 acre tract a distance of 491.13 feet, to a calculated point in the east line of that certain tract of land said to contain 2.00 acres and conveyed to Jimmy R. Wallin, et ux, from Rudolph Wallin, et ux, in a deed recorded in Volume 688, page 322, of the Deed Records of Williamson County, Texas, for the southwest corner of this tract; THENCE North 06°10'42" West, with the east line of said 2.00 acre tract, a distance of 25.46 feet to a calculated point, for the northwest corner of this tract; THENCE crossing said 152.38 acre tract the following two (2) courses: 1. North 72°54'55" East, a distance of 558.02 feet to a calculated point in the arc of a curve, for the northwest corner of this tract; 2. Along the arc of said curve to the left a distance of 75.96 feet, said curve not being tangent to the last described course, having a radius of 1050.00 feet, a central angle of 04°08'42", a chord which bears South 53°41'47" West, a chord distance of 75.95 feet to the POINT OF BEGINNING. Containing 0.300 acres more or less. -Q^dC C,7 3/ 8/o J Date Land Surveyor No. 4391 Randall S. Jones Registered Professi State of Texas RJ Surveying, Inc. 1212 E. Braker Lane Austin, Texas 78753 S:\Land Projects R2\658\docs\25' WLE East Wallin.doc March 7, 2001 Page 1 of 1 0 D (512) 836-4793 k co AUSTIN, TEXAS k m \ 0 D � Li 4.1 LIJ O (3 Q is - "C O . Cr) N §§ k) C..) L1 1:4 �ILI { (\$ _ _ --kmm ko o�§) et §§ k(k 2 �§ `\ %\§ $ � §c�� § \ $$$\ko2g \\ ��b8 \ §§88®§66 woo oq�o■ z \ o o i.,) \ k, 80. tri 32222 2�%§ <._ \ ■■■2�§§§ B,,k _&§ 8©k 4.,re 6 cErE� ®('' LO w- < § ooa @ 3 e\ B )([�,*IEI 2§§ N. \ § LINE TABLE § Q § 2 %_ } § G k t k § i { \ - e. § k E3 _ — �, �:�4xx frm\ 4.ll \ \ ®w \ FIELD NOTE DESCRIPTION: A 25 FOOT WIDE WATERLINE EASEMENT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND, DESCRIBED AS 152.38 ACRES, CONVEYED TO RUDOLPH WALLIN, AND RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the southwest corner of that certain tract of land said to contain 2.00 acres, conveyed to Jimmy R. Wallin, et ux, from Rudolph Wallin, et ux, recorded in Volume 688, Page 322, of the Deed Records of Williamson County, Texas, same being a point in said 152.38 acre tract, for an angle corner, and POINT OF BEGINNING of the herein described tract; THENCE North 74°34'18" East, with the south line of said 2.00 acre tract, a distance of 125.79 feet to a calculated point, for the southeast corner of this tract; THENCE departing the south line of said 2.00 acre tract, South 72°54'55" West, crossing said 152.38 acre tract a distance of 971.83 feet, to a calculated point in the east line of that certain tract of land conveyed to the State of Texas, recorded in Volume 431, Page 359, of the Deed Records of Williamson County, Texas, same being a point in the west line of said 152.38 acre tract, for the southwest corner of this tract; THENCE North 19°05'40" West, with the west line of said 152.38 acre tract, the east line of said State of Texas tract, a distance of 25.02 feet to a calculated point, for the northwest corner of this tract; THENCE departing the west line of said 152.38 acre tract, the east line of said State of Texas tract, North 72°54'55" East, crossing said 152.38 acre tract, a distance of 851.08 feet to a calculated point in the west line of said 2.00 acre tract, for the northeast corner of this tract; THENCE South 06°10'42" East, with the west line of said 2.00 acre tract, a distance of 21.76 feet to the POINT OF BEGINNING. Containing 0.492 acres more or less. PQ4do s c5, 31$/oi Randall S. Jones Date Registered Professional d Surveyor No. 4391 State of Texas RJ Surveying, Inc. 1212 E. Braker Lane Austin, Texas 78753 S:\Land Projects R2\658\docs\25' WLE West W March 8, 2001 EXHIBIT Page 1 of 1 C WAS PERFORMED 0 c U z — wc� QZ 57- Z z wE w� iw� zzm F- 0 0 J W > LL Z 0 0 U 0 LEGAL DESCRIP770N: LINE TABLE z az W Op 4.1 N no J O rn el`A 0 r 0 1 0 a. \ \ \ CO 0 z Lu O W -J MARCH 8, 20 \ 2) 836-4793 AUSTIN, TEXAS w a ce m N 09t43118 AM CST CO CO SCALE 1'=100' d -J VJ DATE: April 6, 2001 SUBJECT: City Council Meeting — April 12, 2001 ITEM: * 13.D.6. Consider an ordinance determining the public necessity for the acquisition of 0.886 acres of land for a water transmission line easement along County Road 113, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property. (First Reading) This action authorizes the land acquisition process to begin. Resource: Jim Nuse, Public Works Director History: The City is installing a water distribution line inside the right-of-way of County Road 113. This action authorizes the acquisition of land where the easement can no longer be contained in the right-of-way. Funding: Cost: Unknown at this time. Source of funds: Williamson County, 4B and Developers Outside Resources: Randall Jones Engineering, Brown, McCarroll, Sheets and Crossfield Impact: N/A Benefit: Allows the City to complete the installation of the water transmission line. Public Comment: Several meetings with affected property owners. Sponsor: N/A