G-00-10-26-12C7 - 10/26/2000ORDINANCE NO. g_co_o_a&.../c
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF 0.040 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 Merit Round Rock Properties approximately 0.040 acres
of land (parcel #150) 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\001026C7.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.
day
of
READ, PASSED, and ADOPTED on first reading this
, 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
ROBEA. STLUKA, JR., Mayor
City of Round Rock, Texas
4
County: Williamson
Parcel No.: 150
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 150
Page 1 of 3
April 18, 2000
DESCRIPTION OF A 0.040 ACRE (1,722 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA
THOMAS SURVEY ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT
1, BLOCK A OF THE FINAL PLAT OF "THE HOMESTEAD" (HOMESTEAD), A SUBDIVISION OF RECORD
IN CABINET P, SLIDE 89 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THAT
SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO MERIT ROUND ROCK
PROPERTIES, L.P., AS RECORDED IN DOCUMENT NO. 9749312 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.040 ACRE (1,722 SQUARE FEET) TRACT, AS SHOWN ON A
RIGHT-OF-WAY SKETCH 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 218.14
feet left of Survey Baseline Station 623+51.26 for the northwest corner of the tract described herein, also being in the
proposed north right-of-way (ROW) line of State Highway 45 (S.H. 45), and being in the east line of Lot 1, Block A,
Final Plat of Stonehaven (Stonehaven), a subdivision of record in Cabinet R, Slide 156 of the Plat Records of
Williamson County, Texas, being that same tract of land conveyed in the deed to 2300 MacArthur, LTD., as recorded
in Document No. 199953439 of the Official Public Records Williamson County, Texas, also being in the west line of
said Homestead tract, from which a 1/2 -inch iron rod found bears N 00° 26' 06" E, a distance 345.62 feet;
THENCE leaving said common line and crossing said Homestead Tract with the north proposed right-of-way (ROW)
line of State Highway 45 the following three (3) courses and distances numbered 1, 2, and 3;
1) with the arc of a curve to the right a distance of 15.93 feet through a central angle of 00° 09' 28", having a
radius of 5788.00 feet, and whose chord bears N 75° 04' 33" E, a distance of 15.93 feet to a TxDOT Type II
concrete monument set for a Point of Reverse Curvature, being 216.91 feet left of Survey Baseline Station
623+67.14;
2) with the arc of a curve to the left a distance of 446.09 feet through a central angle of 04° 28' 34", having a
radius of 5710.00, and whose chord bears N 72° 54' 59" E, a distance of 445.98 feet to a TxDOT Type II
concrete monument set, being 199.50 feet left of Survey Baseline Station 628+12.78 for a Point of Tangency,
and
3) N 70° 40' 42" E, a distance of 30.55 feet to a TxDOT Type II concrete monument set in the east line of Lot
1, Block A of said Homestead Tract, same being the northwest corner of Lot 4, Block A George Subdivision,
a subdivision as recorded in Cabinet 0, Slide 228 of the Plat Records of Williamson County, Texas as
conveyed in the deed to J17 Fortune, L.P., as recorded in Document No. 9725716 of the Official Records
Williamson County, Texas, being 199.50 feet left of Survey Baseline Station 628+43.33; also being the
northwest comer of the tract described herein;
FN 175 8 20081-20
Page 2 of 3
April 18, 2000
4) THENCE with said common line S 00° 07' 35" W, a distance of 10.24 feet to a calculated point in the north
ROW line of S.H. 45, conveyed to the State of Texas as recorded in Volume 1544, Page 20 of the Official
Records Williamson County, Texas, from which a 5/8 -inch iron rod found bears S 00° 07' 35" W, a distance
of 148.65 feet;
5) THENCE leaving said common line and with the north ROW line of said S.H. 45 same being the south line
of said Homestead Tract S 73° 30' 05" W, a distance of 490.74 feet to a 1/2 -inch iron rod found for the south
common corner of said Stonehaven Tract and said Homestead Tract, same being the southeast corner of the
tract described herein;
6) THENCE leaving said common line and with the east line of said Stonehaven Tract, same being the west
line of said Homestead Tract N 00° 26' 06" E, a distance of 4.38 feet to the POINT OF BEGINNING and
containing 0.040 acre (1,722 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
o
o
o
KNOW ALL MEN BY THESE PRESENTS:
That I, John E Brautigam, 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 19th day of April, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Jo E Brauti
R :istered Pr
N. 5057 - S
ssional Land Surveyor
e of Texas
FN 175 8 20081-20
WILLIAMSON COUNTY. TEXAS
SCALE
1"=100'
�e eo
P.°.R.\ • ADA THOMAS SURVEY A-609
f 1 t' r '-
MERI-T} POUND' ROCK PR PERTIES, L.P.
DOCUIyiE1T No. 949312
C-Ty.O `R.W.C.TKJ
A
/1 �'^- 25 PUE
t 'FINLL PLAT OF 116E HOMESTEAD".
/LOT 1 BLOCK A -CABINET R. SLIDE 156
[
_J, -F -INIAL PLAT Q " HE HOMESTEAD"
CABINET' P; SLI $9 P.R.W;C.TX.
15'.
FINAL P14 of THE MOIESTEAD:=-..
CAB/N61 R SI IDE 156
15' . E.
-' ,NAL PLAT OP THE H & STEM
INET R. SLI 156
25' P.U.E.
'FINAL..P[AT OF *IRE HOMESTEAD"
CABINET R. 5L IDE 156
P. R..M'S. Tx.
PROPOSED
R.Q.W. LINE
0.040. ACRE
(1722.50. FTN;'
_
C1
,6•04'28'34"
R•5710.00'
L-446.09'
T-233.16'
CB -N72° 54'59"E
C-445.98'
S73* 30'05"W 490.74'
(N75.52'28"E 492.181
STATE OF;`TEXAS
1.620 ACRS
VOL. 1544, P . 20
O.R.W.C.Tx_
62812.78
199.50' LT.
EXISTING R.O.W. LINE
STATE HIGHWAY 45
LOUIS HENNA BLVD.
(VARIABLE WIDTH R.O.W.)
• LINE
�cls�I� -- -_,.
.YIMA�E I;OGA�191d •4>b' -SURVEY LINE ' _
IT. .70-40 43-E.. ._..-. DETAIL C
625 SURVEY BASELINE
i._._._.
`l/ Ci)
N Lc)
N Q_1(0
•
QJI�
•:-./
►� (O; �
(•
rnV
o , 0CC 3
Q�a J^O�
(AJ
62843.33
199.50' LT L O T 1
- DETAIL B
LOT 4
MEMUCAN HUNT SURVEY A-314
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.
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.
THEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THI PLAT IS T -UE AND CORRECT TO THE BEST OF MY
KN�WLEDGE AN BELIEF.
J0I J E BR- A▪ D GAM DATE
RE ISTERED OFESSIONAL LAND SURVEYOR
NO. 5057, ST4 OF TEXAS
DETAIL A
:'62351.26 i _`
218.14. LT r
N-10151639.56742 /•
E-3141173.56224 / C2
NO0" 26'06"Ey
4.38' •_
DETAIL C
P.O.R. •
5/e" IRF Aj'60�
91SAT
F 1111---7/
4029 Capital of Texas Highway, So.
INC. Brodie Oaks Professional Plaza, Suite 125
Austin, Texas 78704
(512) 447-0575
Fax (512) 326-3029
DE TAI ,g----__
!N70` 40'42"E
30.55'
500" 07'35"W
%, 10.24'
LEGEND
• TYPE 1 CONCRETE MONUMENT FOUND
16 TYPE II CONCRETE MONUMENT FOUND
IR TYPE II CONCRETE MONUMENT SET
• I/2" PIPE FOUND UNLESS NOTED
• '/ IRON ROD SET W/ TXDOT CAP UNLESS NOTED
• 1/2" IRON ROD FOUND UNLESS NOTED
• 60 D NAIL SET UNLESS NOTED
• 60 D NAIL FOUND UNLESS NOTED
A CALCULATED POINT
It PROPERTY LINE
• CENTER LINE
E 1 RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.o.c. POINT OF COMMENCING
P.o.e. POINT OF REFERENCE
P.C. POINT OF CURVATURE
P.T. POINT OF TANGENCY
NT NON -TANGENT CURVE
IRF IRON ROD FOUND
IFF IRON PIPE FOUND
P.u.E. PUBLIC UTILITY EASEMENT
.P.R.w.C.T . OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY, TEXAS
O.R.W.C.T,,. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
P.R.w.C.T.. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
B.R.w.C.T.. DEED RECORDS WILLIAMSON COUNTY, TEXAS
RIGHT-OF-WAY PLAT PAGE 3 OF 3
SHOWING PROPERTY OF REF. FIELD
MERIT ROUND ROCK PROPERTIES, L.P. NOTEPARCEL N0.1501758
i
BEGIN SESSION @ Fri Apr 14 08:51..52 2000
Points 2 to 1000 deleted. 1000 points in
fnp150
FROM ANGLE
DIST
workfile.
NORTH
EAST
TO
***** START
RADIAL
DELTA
RADIUS
TAN
L -ARC
RADIAL
RP
1 CHORD
TAN@PT
RADIAL
DELTA
RADIUS
TAN
L -ARC
RADIAL
RP
3 CHORD
TAN@PT
5 TRAV
5 TRAV
7 TRAV
3 TRAV
N 15 00 11 W
0 09 28 RT
5788.00
7.97
15.94
N 14 50 43 W
N 75 04 33 E
N 75 09 17 E
S 14 50 44 E
4 28 34 LT
5710.00
223.15
446.08
S 19 19 18 E
N 72 54 59 E
N 70 40 42 E
N 70 40 42 E
S 0 07 35 W
S 73 30 05 W
N 0 26 06 E
10000.00000
4409.30122
15.94 10004.10485
445.97
30.55
10.24
490.74
4.38
15523.50493
10135.11555
10145.22367
10134.98369
9995.61741
9999.99728
50000.00000
51498.34278
50015.40100
48552.41682
50441.69178
50470.52108
50470.49849
49999.96392
49999.99717
1
2
3
4
5
6
7
8
9
LAT & DEP 0.00272 0.00283
HCLOSE N 46 09 26 E 0.00 10000.00000 50000.00000 1
PREC = 1 TO 254195 Area = 1722.37 sq ft 0.03954 ac
BEGIN SESSION @ Thu Apr 13 17:4_ .L3 2000
Points 2 to 1000 deleted. 1000 points in workfile.
rowp150
FROM ANGLE DIST
NORTH
EAST
TO
***** START
RADIAL N
DELTA
RADIUS
TAN
L -ARC
RADIAL N
RP
1 CHORD N
TAN@PT N
RADIAL S
DELTA
RADIUS
TAN
L -ARC
RADIAL S
RP
3 CHORD
TAN@PT
5 TRAV
6 TRAV
7 TRAV
8 TRAV
15 00 11 W
0 09 28 RT
5788.00
7.97
15.94
14 50 43 W
75 04 33 E
75 09 17 E
14 50 44 E
4 28 34 LT
5710.00
223.15
446.08
19 19 18 E
N 72 54 59 E
N 70 40 42 E
N 70 40 42 E
S 0 07 35 W
S 73 30 05 W
N 0 26 06 E
10000.00000
4409.30122
15.94 10004.10485
445.97
30.55
10.24
490.74
4.38
15523.50493
10135.11555
10145.22367
10134.98369
9995.61741
9999.99728
50000.00000
51498.34278
50015.40100
48552.41682
50441.69178
50470.52108
50470.49849
49999.96392
49999.99717
1
2
3
4
5
6
7
8
9
LAT & DEP 0.00272 0.00283
9 HCLOSE N 46 09 26 E 0.00 10000.00000 50000.00000 1
PREC = 1 TO 254195 Area = 1722.37 sq ft 0.03954 ac
$EGIN SESSION @ Fri Apr 14 10:1 .6 2000
Points 2 to 1000 deleted. 10000 points in workfile.
skp150
FROM ANGLE DIST
NORTH
EAST
TO
***** START
RADIAL N
DELTA
RADIUS
TAN
L -ARC
RADIAL N
RP
1 CHORD N
TAN@PT N
RADIAL S
DELTA
RADIUS
TAN
L -ARC
RADIAL S
RP
3 CHORD
TAN@PT
5 TRAV
6 TRAV
7 TRAV
8 TRAV
15 00 11 W
0 09 28 RT
5788.00
7.97
15.94
14 50 43 W
75
75
14
4
04
09
50
28
33
17
44
34
E
E
E
LT
5710.00
223.15
446.08
19 19 18 E
N 72 54 59 E
N 70 40 42 E
N 70 40 42 E
S 0 07 35 W
S 73 30 05 W
N 0 26 06 E
10000.00000
4409.30122
15.94 10004.10485
15523.50493
445.97 10135.11555
30.55
10.24
490.74
4.38
10145.22367
10134.98369
9995.61741
9999.99728
50000.00000
51498.34278
50015.40100
48552.41682
50441.69178
50470.52108
50470.49849
49999.96392
49999.99717
1
2
3
4
5
6
7
8
9
LAT & DEP 0.00272 0.00283
9 HCLOSE N 46 09 26 E 0.00 10000.00000 50000.00000 1
PREC = 1 TO 254195 Area = 1722.37 sq ft 0.03954 ac
DATE: October 18, 2000
SUBJECT: City Council Meeting — October 20, 2000
ITEM: 12.C.7. Consider an ordinance determining the public necessity for the
acquisition of 0.040 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)