G-00-10-12-12C6 - 10/12/2000ORDINANCE NO. 6--00--/0" Ce..P
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF 0.038 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 2300 Macarthur, Ltd. approximately 0.038 acres of land
(parcel #149) 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\001026C6.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.
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
ATTEST:
JO LAND, City Secretary
49.44.7,
ROB RT A. STLUKA, JR., yor
City of Round Rock, Texas
4
County: Williamson
Parcel No.: 149
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 149
Page 1 of 3
April 18, 2000
DESCRIPTION OF A 0.038 ACRE (1,663 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, 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 SPECIAL WARRANTY DEED TO 2300 MACARTHUR, LTD., AS RECORDED IN
DOCUMENT NO. 199953439 OF THE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS,
SAID 0.038 ACRE (1,663 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 northeast corner of the tract described herein, also being in the
north proposed right-of-way (ROW) line of State Highway 45, also being m the east line of Lot 1, Block A of said
Stonehaven Subdivision, same being in the west line 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 tract of land conveyed in the deed to Merit Round Rock Properties, L.P. as recorded in Document No. 9749312
of the Official Records Williamson County, Texas, from which a 1/2 -inch iron rod found bears N 00° 26' 06" E, a
distance of 345.62 feet ;
1) THENCE with said common line S 00° 26' 06" W, a distance of 4.38 feet to a 1/2 -inch iron rod found for
the south common corner of said Homestead and said Stonehaven Tracts, also being in the north ROW line
of SH 45, conveyed by deed to the State of Texas, as recorded in Volume 1544, page 20 of the Official
Records Williamson County, Texas,
2) THENCE with the north line of said SH 45, same being the south line of said Stonehaven Tract,
S 73° 30' 05" W, a distance of 302.21 feet to a 1/2 -inch iron rod found for the southwest comer of the tract
described herein, same being the south common corner of said Lot 1 Stonehaven Tract, and Lot 2, Block A
of said Stonehaven Subdivision,
3) THENCE leaving the north line of said SH 45 and with the common line of Lot 1 and Lot 2 of said
Stonehaven Subdivision N 06° 00' 58" W, a distance of 4.24 feet to a 1/2 -inch iron rod with TxDOT
aluminum cap set 233.03 feet left of Survey Baseline Station 620+48.91 for the northwest corner of the
tract described herein, also being in the proposed north ROW line of State Highway 45, from which a
calculated point in said common line bears N 06° 00' 58" E, a distance 286.39 feet;
FN 1757 20081-20
Page 2 of 3
April 18, 2000
4) THENCE leaving said common line and crossing said Lot 1 of said Stonehaven Subdivision with the arc
of a curve to the right a distance of 302.75 feet through a central angle of 02° 59' 49" having a radius of
5788.00 feet, and whose chord bears N 73° 29' 54" E, a distance of 302.71 feet to the POINT OF
BEGINNING and containing 0.038 acre (1,663 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, 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 Jo E Brauti
Austin, Texas 78704 Re ;istered P
No. 5057 -
m
ssional Land Surveyor
e of Texas
FN 1757 20081-20
WILLIAMSON COUNTY. TEXAS
SCALE
1"=100'
LOT 2 BLOCK A
FINAL PLAT OF ,STONEHAVEN
CABINET
CABINET R, SLIDE 156
ATS A THOMAS SURVEY A- 309
P.O.R.
RR HOMESTEAD 111
APARTMENT'S, LTD.
DOC. No 9912719'
fr)
•0
°
z
15' MATER LINE EASEMENT
FINAL PLAT OF STONEHAVEN
CABINET R. 5110E 1.)6
DETAIL A
cit, 620.48.91
1 -/233.03 LT
06° 0o'58"WI
4.24'
•
DETAIL B
------------
P.O.B.
.623.51.26
/ 218.14 LT
I N-10151639.56742
E-3141173.56224. f
Soo° 26'06"Wy../
4.38'
LOT 1 BLOCK A
FINAL PLAT OF STONEHAVEN
CABINET R, SLIDE 15x4
2300 MACARTHUR, LTD.
DOC. No. 199953439
O.P.R.W.C.Tx.
15' MATER LINENT`AS(NENT
-FINAL PLAT OF STONEHAVEN
CABINET R. SLIDE 156 ;
619.36.6 6i
234.53' LT
Cl
A•02* 59'49" --
R-578W00'
-3(32., 5=
T-:151.4�1'
CB -N73° 29'54"E
C+:302.71'
" '`''x' :'0.038 ACRE
:(1663 SO. FT.) CABINET R. SLIDE 156 J
FINAL PLAT OF 'THE HOMESTEAD''
P.R.M.C.Tx. ,iI,
.,•
• •
POR T
2 , LOT ,1_B
Lac‹ A
, EINAI_I-PLAT- F
( �''f' "T HE HOMES AD"
irf CABINET P, SL E 89
•
(or-_...__ P.R.W.C.I X.
15' P.U.E.
FINAL PLAT OF 'THE HONEST
CABINET R. SLIDE 156
P. R.11. C. Tx.
C1
a," RIT ROND ROCK/
PRO ERTIS, LTR
'^OCUMEN'' llj�o. 9749312
~ O. W.C.TXz:
S73° 30'05"W 302.21'
DETAIL A (57555 52'29"W 302.14']
NOTES,
•
—620_.
EXISTING R.O.W. •
L NI E
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.
STATE OF TEXAS.
1.620 ACRES.,..
VOL :1544 PG. -20"
O.R.W.C.Tx.
STATE HIGHWAY 45
LOUTS HENNA BLVD.
(VARIABLE WIDTH R.O.W.)
APPROXI
•
J .
IDE TAIL B
(STING R.O.W. LINE
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER Y DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE ANI BELIEF.
N 70" 40' 43" E 5060.48'
SURVEY BASELINE
7 LOCATION OF SURVEY LINE
625
MEMUCAN HUNT S UR V EKY A-314
R
N
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 ICONCRETE MONUMENT FOUND
18 TYPE II CONCRETE MONUMENT FOUND
® TYPE II CONCRETE MONUMENT SET
O y2' PIPE FOUND UNLESS NOTED
O 1/2" IRON ROD SET W/CAP UNLESS NOTED
• I/2" IRON ROD FOUND UNLESS NOTED
• 60 D NAIL SET UNLESS NOTED
• 60 D NAIL FOUND UNLESS NOTED
A CALCULATED POINT
t PROPERTY LINE
4 CENTER LINE
[ 1 RECORD INFORMATION
P.o.e. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
P.0.11. POINT OF REFERENCE
P.C. POINT OF CURVATURE
P.T. POINT OF TANGENCY
NT NON -TANGENT CURVE
IRF IRON ROD FOUND
IPF IRON PIPE FOUND
P.U.E. PUBLIC UTILITY EASEMENT
O.P.R.W.C.Tx. 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
D.R.W.C.Tx. DEED RECORDS WILLIAMSON COUNTY, TEXAS
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
2300 MACARTHUR, LTD.
PAGE 3 OF 3
REF. FIELD
NOTE NO. 1757
PARCEL 149
BEGIN SESSION @ Fri Apr 14 08:48:52 2000
Points 2 to 1000 deleted. 1000 points in
fnp149
FROM ANGLE
DIST
workfile.
NORTH
EAST
TO
***** START
1 TRAV
2 TRAV
3 TRAV
RADIAL
DELTA
RADIUS
TAN
L -ARC
RADIAL
RP
4 CHORD
TAN@PT
S 0 26 06 W
S 73 30 05 W
N 6 00 58 W
N 18 00 00 W
2 59 49 RT
5788.00
151.41
302.75
N 15 00 11 W
N 73 29 54 E
N 74 59 49 E
4.38
302.21
4.24
302.72
10000.00000
9995.62013
9909.79487
9914.01152
4409.30074
9999.99589
50000.00000
49999.96675
49710.19975
49709.75537
51498.35907
50000.00274
1
2
3
4
5
6
6
LAT & DEP 0.00411 -0.00274
HCLOSE N 33 41 30 W 0.00 10000.00000 50000.00000 1
PREC = 1 TO 124304 Area = 1662.94 sq ft 0.03818 ac
BEGIN SESSION @ Thu Apr 13 17:1 ,3 2000
Points 2 to 1000 deleted. 1000 points in
rowp149
FROM ANGLE
DIST
workfile.
NORTH
EAST
TO
***** START
1 TRAV S
2 TRAV S
3 TRAV N
RADIAL N
DELTA
RADIUS
TAN
L -ARC
RADIAL N
RP
4 CHORD N
TAN@PT N
0 26 06 W
73 30 05 W
6 00 58 W
18 00 00 W
2 59 49 RT
5788.00
151.41
302.75
15 00 11 W
73 29 54 E
74 59 49 E
4.38
302.21
4.24
302.72
10000.00000
9995.62013
9909.79487
9914.01152
4409.30074
9999.99589
50000.00000
49999.96675
49710.19975
49709.75537
51498.35907
50000.00274
1
2
3
4
5
6
LAT & DEP 0.00411 -0.00274
6 HCLOSE N 33 41 30 W 0.00 10000.00000 50000.00000 1
PREC = 1 TO 124304 Area = 1662.94 sq ft 0.03818 ac
BEGIN SESSION @ Fri Apr 14 10:01 4 2000
Points 2 to 1000 deleted. 1000 points in
skp149
FROM ANGLE
DIST
workfile.
NORTH
EAST
TO
***** START
1 TRAV S
2 TRAV S
3 TRAV N
RADIAL N
DELTA
RADIUS
TAN
L -ARC
RADIAL N
RP
4 CHORD N
TAN@PT N
0
73
6
18
2
26
30
00
00
59
06
05
58
00
49
W
W
W
W
RT
5788.00
151.41
302.75
15 00 11 W
73 29 54 E
74 59 49 E
4.38
302.21
4.24
302.72
10000.00000
9995.62013
9909.79487
9914.01152
4409.30074
9999.99589
50000.00000
49999.96675
49710.19975
49709.75537
51498.35907
50000.00274
1
2
3
4
5
6
LAT & DEP 0.00411 -0.00274
6 HCLOSE N 33 41 30 W 0.00 10000.00000 50000.00000 1
PREC = 1 TO 124304 Area = 1662.94 sq ft 0.03818 ac
DATE: October 18, 2000
SUBJECT: City Council Meeting — October 20, 2000
ITEM: 12.C.6. Consider an ordinance determining the public necessity for the
acquisition of 0.038 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)