G-00-10-26-12C8 - 10/26/2000ORDINANCE NO. 0 -046 -al& - /4Q CS
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF 0.005 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 RR Homestead III Apartment, Ltd. approximately 0.005
acres of land (parcel #147) 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\001026C8.WPD/sls
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.
READ, PASSED, and ADOPTED on first reading this C& —day
of 0 , 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:
JONE LAND, City Secretary
ROB A. STLUKA, JR.,1ayor
City of Round Rock, Texas
4
Page 1 of 3
May 30, 2000
EXHIBIT A
County: Williamson
Parcel No.: 147
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 147
DESCRIPTION OF 0.005 ACRE (233 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2,
BLOCK A, FINAL PLAT OF STONEHAVEN, A SUBDIVISION OF RECORD IN CABINET R, SLIDE 156,
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND
CONVEYED IN THE SPECIAL WARRANTY DEED TO RR HOMESTEAD III APARTMENTS, LTD. AND
RECORDED IN DOCUMENT NO. 9912719, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID
0.005 ACRE (233 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT-OF-WAY PLAT PREPARED BY SAM,
INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in the
proposed north right-of-way (ROW) line of State Highway 45, same being the northeast corner of the tract described
herein, and being 233.03 feet left of Survey Baseline Station 620+48.91, from which a calculated angle point in the
east line of said Lot 2, same being the west line of Lot 1, Block A of said Stonehaven Subdivision, being that same
Lot 1 conveyed to 2300 MacArthur, Ltd. and recorded in Document No. 199953439, Official Public Records
Williamson County, Texas, bears N 06° 00' 58" W, a distance of 286.39 feet:
1) THENCE with said common line S 06° 00' 58" E, a distance of 4.24 feet to a 1/2 -inch iron rod found in the
existing north ROW line of State Highway 45 as conveyed to the State of Texas and recorded in Volume
1544, Page 20, Official Records Williamson County, Texas;
2) THENCE with the existing north ROW line of said State Highway 45, same being the south line of said
Lot 2 S 73° 30' 05" W, a distance of 111.41 feet to a TxDOT Type II ROW Monument set , from which a
1/2 -inch iron rod found for the southwest corner of said Lot 2, same being in the east line of a 41.10 acre
tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document
No. 9606843 Official Records Williamson County, Texas, bears S 73° 30' 05" W, a distance of 407.39 feet;
FN1755R1
20081-20
Page 2 of 3
May 30, 2000
3) THENCE crossing said Lot 2, N 71° 22' 12" E, a distance of 112.26 feet to the POINT OF BEGINNING
and containing 0.005 acre (233 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
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 April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6`" day of June, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
FN 1755 R 1
Michae R. Hatcher
Regist ed Professional Land Surveyor
No. 4259 - State of
20081-20
WILLIAMSON COUNTY.
SCALE
Izzra so
Q.
CO
Q QCO
O � k
•
•Q0)V
O JZ�
O
/N
TEXAS
P.O.R.
i SURVEY BASELINE
CURVE DATA
P1 Sta 608.79.45
N - /0/509465082
E - 3/39856.1589
- 4' 07' 13" (LT)
D - 0'15' OO"
L = 1648.11'
T - 824.4/'
R - 2291829'
CB - N72'44'19'E
C - 1647.75'
PC Sta 600-55.04
PT Sta 617-03.15
FINAL PLAT OF STONEHAVEN
CABINET R. SLIDE 154 -
P.R.W.0 Tx.
EXISTING R.O.W L1NE
ASA THOMAS
SURVEY A-609 ��
DETAIL A
------------
P.O.B.
PARCEL 147
1620.48.91
233.03 LT
I N- 10151553.88730
Cl i E- 3140883.31741
'x506° 00'58"E
4.24'
•
302.21'
LOT 2 BLOCK A
FINAL PLAT OF STONEHAVEN
CABINET R, SLIDE 156
P:R.W.C.TX.
RR HOMESTEAD III APARTMENTS, LTD.
DOC. No. 9912719
O.R.W.C.Tx.
P.O.R.
15' WATER LINE EASEMENT 0.005-. ACRyE."
FINAL PLAT OF STONEHAVEN- -------- (233 SO. F'1.
CABINET R. SLIDE 156
P.R.W.C.Tx.
T171 122.25' E
_615-19.46
23=3.38' LT
CO cij 0
_.
6/5
_1
NOTES,
S73° 30'05"W 407.39'
CONTROL OF ACCESSUNE
STATE OF TEXAS
1.620`' -ACRES
VOL 1544, PG. 20
0.R.W.C.Tx.
0
m
a N 70' 40 43" E -.506048'
SURVEY BASELINE
i f
)RbPO-SED---R'.O
619.36 66 S73° 30'0511W''•,
234:39' LT 111.41'
CS75° 52'29"W7
DETAIL A
STATE HIGHWAY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.)
(ORIGINAL COUNTY ROAD 170 -
NO RECORDING DATA FOUND)
APPROXIMATE LOCATION OF SURVEY LINE
EXISTING ...R O.W. LINE
MEMUCAN HUNT SURVEY A-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.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS
NOT SHOWN.
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.
MICHA
REGIS
NO. 4
L R. HATCH R
ERED PROFESSIONAL LAND SURVEYOR
59, STATE OF TEXAS
s
SURVEYING -AERIAL MAPPING•ENGINEER
4029 Capital of Texas Highway, So.
INC. Brodie Oaks Professional Plaza, Suite 125
Austin, Texas 78704
(512) 447-0575
Fax: (512) 326-3029
LEGEND
• TYPE I CONCRETE MONUMENT FOUND
O TYPE 1I CONCRETE MONUMENT FOUND
El TYPE IICONCRETE MONUMENT SET
fe Y2" PIPE FOUND UNLESS NOTED
o /2" IRON ROD SET W/ TXDOT CAP UNLESS NOTED
• Y2" IRON ROD FOUND UNLESS NOTED
• 60 D NAIL SET UNLESS NOTED
• 60 D NAIL FOUND UNLESS NOTED
A CALCULATED POINT
• PROPERTY LINE
Q CENTER LINE
7 RECORD INFORMATION
P.O.R. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
P.O.R. POINT OF REFERENCE
P.C. POINT OF CURVATURE
P.T. POINT OF TANGENCY
NT NON -TANGENT CURVE
NSF IRON ROD FOUND
Pr IRON PIPE FOUND
P.U.E. PUBLIC UTILITY EASEMENT
O.P.R.W.C.TN. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY, TEXAS
O.R.W.C.Tx. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
P.R.W.C.Tx. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
D.R.W.C.Tx. DEED RECORDS WILLIAMSON COUNTY, TEXAS
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
RR HOMESTEAD IH APARTMENTS, LTD.
PAGE 3 OF 3
REF. FIELD
NOTE NO. 1755R1
PARCEL 147
DATE: October 18, 2000
SUBJECT: City Council Meeting — October 20, 2000
ITEM: 12.C.8. Consider an ordinance determining the public necessity for the
acquisition of 0.005 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)