G-00-10-26-12C9 - 10/26/2000ORDINANCE NO. g- 00- /O -c , & _4C 9
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF 0.024 ACRES IN FEE SIMPLE FOR
STATE HIGHWAY 45 RIGHT-OF-WAY; GIVING NOTICE OF
OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY FOR
THE CREATION, CONSTRUCTION AND MAINTENANCE OF STATE
HIGHWAY 45, AND ASSOCIATED PUBLIC 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 State
Highway, 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 from Wal-Mart Real Estate Business Trust approximately
0.024 acres of land (parcel #107) in Williamson County, Texas, in
fee simple, for State Highway 45 right-of-way, more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference ("Property") for the above stated public purposes; and
WHEREAS, it is necessary to establish procedures for
determining and approving just compensation for the Property to be
acquired for this Project.
K:\WPDOCS\ORDINANC\001026C9.WPD/s1s
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 State Highway 45
and right-of-way in 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 contract, on behalf of the
City, professional surveyors and appraisers, as needed, to perform
professional services in connection with the construction and
maintenance of State Highway 45, and associated public purposes, to
negotiate 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 the above described
Property, 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.
2
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 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.
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.
lob ay
READ, PASSED, and ADOPTED on first reading this
of C , 2000.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2000.
READ, APPROVED and ADOPTED on second reading this the
day of , 2000.
ATTEST:
JO'$ E LAND, City Secretary
.-AZZ hti7
ROBERT A. STLUKA, JR.( ayor
City of Round Rock, Texas
4
EXHIBIT Page 1 of 3 Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 107
Being a 0.024 acre (1,045 square feet) tract of land situated in the Asa Thomas Survey A-609,
Williamson County, Texas and being a portion of Lot 1 of the Amending Plat of Lot 1,
Boardwalk 2 Subdivision, Section 1 and Lot 3, Boardwalk 2 Subdivision, Section 2, as recorded
in Cabinet M, Slide 138 of the Williamson County Plat Records (W.C.P.R.) as conveyed by
WAL-MART STORES to WAL-MART REAL ESTATE BUSINESS TRUST in Document No.
199941154 of the Official Public Records of Williamson County, Texas (O.P.R.W.C.T.). Said
0.024 acre tract being more particularly described by metes and bounds as follows with all
bearings and coordinates based on the Texas State Plane Coordinate System, NAD 83, Central
Zone and adjusted to surface using a surface adjustment factor of 1.00012:
COMMENCING at a 1/2 -inch iron rod found for the northeast corner of said Lot 1 and the
northwest corner of Dell Center Lot 2 Subdivision, as recorded in Cabinet N, Slide 236
W.C.P.R.;
THENCE, South 15°09'10" East (S 13°48'54" E), along the line common to said Lot 1 and said
Dell Center Lot 2 Subdivision, a distance of 1,700.89 feet to a Texas Department of
Transportation (TxDOT) brass disk in concrete (X= 3,136,326.74, Y= 10,150,227.29) set in the
proposed northerly right-of-way line of State Highway 45 at 231.40 feet left of and perpendicular
to State Highway 45 Baseline Station 572+84.94 for the POINT OF BEGINNING of the herein
described tract;
1. THENCE, South 15°09'10" East (S 13°48'54" E), continuing along the line common to said
Lot 1 and said Dell Center Lot 2 Subdivision, a distance of 11.31 feet to a point for the
southeast corner of said Lot 1, the northeast corner of a called 6.769 acre tract being the
remainder of a 219.185 acre tract as conveyed by M -Boardwalk Limited to MB
BOARDWALK LIMITED as recorded in Volume 2234, Page 54 of the Official Records of
Williamson County, Texas (O.R.W.C.T.) and the northwest corner of a called 5.891 acre
tract of land conveyed to Williamson County for roadway purposes as recorded in Document
No. 9716130 O.R.W.C.T. from which a 1/2 -inch iron rod found bears South 78°27'10" West,
0.10 feet;
2. THENCE, South 78°29'33" West (S 79°49'14" W) along the line common to the north line of
said 6.769 acre tract and the south line of said Lot 1, a distance of 184.68 feet to a TxDOT
brass disk in concrete set in the proposed northerly right-of-way line of State Highway 45 at
231.23 feet left of and perpendicular to State Highway 45 Baseline Station 570+98.07 for an
angle point;
\\SURV HOU_NT2\2000_DATA\41765 81M&B's\PAR 107. doc
EXHIBIT Page 2 of 3 Pages
3. THENCE, North 74°58'58" East, across said Lot 1 and along the proposed northerly right-of-
way line of State Highway 45, at a distance of 137.11 feet pass a TxDOT brass disk in
concrete set at 231.55 feet left of and perpendicular to State Highway 45 Baseline P.T.
Station 572+37.74, continuing for a total distance of 184.31 feet to the POINT OF
BEGINNING and containing a computed area of 0.024 acre (1,045 square feet) of land,
more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden Inc.
anine
Registered Professional Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
July 17, 2000
\\SURVHOU_NT2\2000 DATA\417658\M&B's\PAR107.doc
Of" >0•O❑■
SURVEY LEGEND
= FOUND TXDOT BRASS DISK IN CONCRETE
= SET TXDOT BRASS DISK IN CONCRETE
= SET 1,2 IRON ROD W/TXDOT ALUM. CAP
= FOUND I'2 IRON ROD UNLESS OTHERWISE NOTED
= FOUND 4' x 4' CONCRETE MONUMENT
= CALCULATED POINT
= PROPERTY LINE
= BASELINE
= UTILITY POLE .
LOT 4
BOARDWALK 2 SUB.
SEC. 3
CAB. M. SL. 5
W.C.P.R.
NOTES:
ACREAGE
SUMMARY
ISO.FT.)
WHOLE
PROPERTY
920.205
AREA
ACOUIRED
1.045
REMAINDER
LEFT
919.160
LOT 1
AMENDING PLAT OF
LOT 1
BOARDWALK 2 SUB.
SECTION 1
AND LOT 3
BOARDWALK 2 SUB.
SECTION 2
CAB. M. SL. 138
W.C.P.R.
UMC TILI STORTY.YRSEIER
��-- EASEIENT
WAL-MART REAL ESTATE
BUSINESS TRUST
DOC #199941154
O.R.W.C.T.
STA. 570+98.07
LT. 231.23'
1
1
PROPOSED'R.O.W.
N74'58'58'6./ 184.31'
M 137.11'
iT 1
ASA THOMA.
SURVEY, A-808
P.O.C. PARCEL 107
DRAINAGE EASEMENT
1422/425
O.R.W.C.T.
P.T.
STA. 572+37.74
m
0--
rMI
111-
a
o'
0
N
It CURVE DATA
L = 2.241.43'
R = 12.62?.0j'
= 10.10 ;9
CB- N79.53 10'E
CD= 2.238.48'
PC= 549+96.31
PT= 572+37.74
PI= 561+20.00
X = 3.135.257.51
Y 10.149.696.98
DELL CENTER LOT 2 SUB.
CAB. N. SL. 236
M.R.C.P.
S7B•29'33'W
184.68'
S15.09'10'E
11.31'
(S13.48'54'8)
FOUND 1.1" I.R.
BEARS
S78.27'10'W
0.10'
DETAIL 'A'
N.T.S.
P.O.B. PARCEL 1QZ
X=3.136.326.74
Y=10.150.227.29
STA. 572+84.94
LT. 231.40'
MB BOARDWALK LIMITED
6.769 AC. REMAINDER OF
CALLED 219.185 AC.
2234/54
O.R.W.C.T.
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM. NAD 83. CENTRAL ZONE AND
ADJUSTED TO SURFACE USING AN ADJUSTMENT FACTOR
OF 1.00012.
2. THIS SURVEY WAS PERFORSED WITHOUT THE BENEFIT OF A
EASEMENTSTANDOR INFORMATION PERTE A NTNG ATY OOTHISIITRACT.
RECORD INFORMATION SHOWN ON THIS PLAT IS BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3. THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS
DESCRIPTION.
4. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE
PROVIDED BY TURNER. COLLIE AND BRADEN. INC.
5. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS
W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
C INE
TEXAS REGISTRATION NO. 4345 D SURVEYOR
TE.
S78.29'33 R. 1 8
(S79.49'141W)
SEE DETAIL 'A'
FOUND i I.R.
BEARS
S78.27'10'W
0.10'
Loutc.R�G°LVD.
P.O.C.
107
P.O.B.
WHOLE PROPERTY
INSET
MDT TO SCALE
07
S15.09'10'8
11.31'
(S13.48'54'E)
/
/
/
/
/
WILLIAM50N COUNTY FOR
ROADWAY PURPOSES
CALLED 5.891 ACRES
DOC. #9716130
O.R.W.C.T.
(CONFLICTS WITH
DOC. #9633512 AND)\
DOC. #9509798 /
S.H.45
PARCEL PLAT
FOR PARCEL 107
COUNTY: WILLIAMSON
GRANTOR:WAL-MART REAL ESTATE
BUSINESS TRUST
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899-8282. FAX (512) 899-9390
EMAIL: oustin@survcon.com
SCALE: 1" = 50'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB 4: 417-658
F.B. SC: HWY 45
CAD FILE: S45PAR-107
SHEET 3 OF 3
DATE: October 18, 2000
SUBJECT: City Council Meeting — October 20, 2000
ITEM: 12.C.9. Consider an ordinance determining the public necessity for the
acquisition of 0.024 acres of land for the SH -45 Project, and if
necessary, authorizing the City Attorney to initiate eminent
domain proceedings to acquire this needed property.(First
Reading)