Loading...
G-00-10-26-12C5 - 10/26/2000ORDINANCE NO. g-0Q-1G Z -/a C.6 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF 0.340 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 Roundville Partners, L.L.C. approximately 0.340 acres of land (parcel #152) 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\001026C5.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. th READ, PASSED, and ADOPTED on first reading this day of Oc,l-belat , 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: JNNE LAND, City Secretary , 200.11 RO: A. STLUKA, JR. i Mayor City of Round Rock, Texas 4 County: Williamson Parcel No.: 152 Highway: State Highway 45 Limits: From: Greenlawn Boulevard To: 1919 feet east of CR 170 CSJ: EXHIBIT A FIELD NOTE DESCRIPTION FOR PARCEL 152 Page 1 of 3 April 18, 2000 DESCRIPTION OF A 0.340 ACRE (14,834 SQUARE FEET) TRACT OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 4 HENDERSON TRACT SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET I, SLIDE 195 OF THE PLAT RECORDS WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND CONVEYED IN THE WARRANTY DEED TO ROUNDVILLE PARTNERS, L.L.C. AS RECORDED IN DOCUMENT NO. 9801007 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.340 ACRE (14,834 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 in an east line of Lot 1 of said Henderson Tract Subdivision being the same tract of land conveyed in the Special Warranty Deed to Stephen M. Jones as recorded in Volume 2128, Page 618 of the Official Records Williamson County, Texas, same being the west line of said Lot 4, also being in the proposed south right-of-way (ROW) line of State Highway 45 (S.H. 45) for the southwest corner of the tract described herein, being 199.93 feet right of Survey Baseline Station 634+74.84, from which a 1/2 -inch iron rod found for the southwest corner of said Lot 4 bears S 18° 05' 30" E, a distance of 149.50 feet; 1) THENCE with said common line N 18° 05' 30" W, a distance of 100.53 feet to a 1/2 -inch iron rod found in the existing south ROW line of Louis Henna Boulevard (a varying width ROW) for a north corner of said Lot 1, same being the northwest corner of said Lot 4, also being the northwest comer of the tract described herein; 2) THENCE leaving said common line and with the south ROW line of said Louis Henna Boulevard, same being the north line of said Lot 4, N 71° 54' 25" E, a distance of 150.01 feet to a 1/2 -inch iron rod found for a north corner of said Lot 1, same being the northeast corner of said Lot 4, same being the northeast corner of the tract described herein, from which a 1/2 -inch iron rod found bears N 71° 54' 25" E, a distance of 372.67 feet; 3) THENCE leaving said common line, and with a west line of said Lot 1, same being the east line of said Lot 4, S 18° 05' 30" E, a distance of 97.24 feet to a 1/2 -inch iron rod with a TxDOT aluminum cap set in the proposed south ROW line of said S.H. 45 being 199.85 feet right of Survey Baseline Station 636+24.89 for the southeast corner of the tract described herein; FN 1760 20081-20 Page 2 of 3 April 18, 2000 4) THENCE leaving said common line, and crossing said Lot 4 with said proposed south ROW line, S 70° 38' 55" W, a distance of 150.04 feet to the POINT OF BEGINNING and containing 0.340 acre (14,834 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 Austin, Texas 78704 E Braut gistered P o. 5057 - u riam essional Land Surveyor to of Texas FN 1760 20081-20 EXISTING R.O.W. LINE APPROXIMATE LOCATION OF_ SURVEY LINE 635 SURVEY BASELINE 1. + f - N 70.40' 43 E 5060,98'.. STATE HIGHWAY 4 EXISTING R.O.W. LINE LOUIS HENNA BLVD. (VARIABLE WIDTH R.O.W.) CN72.49'38"W 150.00'3 N71" 54'25"E 150.01' WILLIAMSON COUNTY. TEXAS SCALE 1"=100' ea o N71* 54'25"E 372.67' '171. .. PROPOSED R.O.W. LINE P.0.B 634.74.84 199.93' RT N-10151616.80605 E-3142372.18866 LOT 1 NOTES: N 02 O 0 20 DRAINAGE EASEMENT 636..24.89 159.8', RT LOT 1:. STEPHEN M. JONES VOL.:. 2128, PG. 618 O.R.W.C.TX. ROUNDVILLE, PARTNEf, DOC. .1p. ,98010 MEMUCA N HUNT SIl V Y A 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 THA THIP PLAT IS TRU AND CORRECT TO THE BEST OF MY KNIDWIEDGE AND B LIEF. JO RE NO HENDERSON `TRACT SUBDIVISION CABINET I, SLIDES 195-196 P.R.W.C.Tx. E BRAUTI ISTERED PR 5057, STAT SSIONAL LAND SURVEYOR F TEXAS SA SURVEYING•AERIAL MAPPING•ENGINEERING 4029 Capital of Texas Highway, So. INC. Brodie Oaks ProfessionalPlaza, Suite 125 Austin, Texas 78704 (512) 447-0575 Fax: (512) 326-3029 ■ 0 e 0 s • n Q I LEGEND TYPE ICONCRETE MONUMENT FOUND TYPE IICONCRETE MONUMENT FOUND TYPE IICONCRETE MONUMENT SET Y2" PIPE FOUND UNLESS NOTED Y2" IRON ROD SET W/ TXDOT CAP UNLESS NOTED V2' IRON ROD FOUND UNLESS NOTED 60 D NAIL SET UNLESS NOTED 60 D NNL FOUND UNLESS NOTED CALCULATED POINT PROPERTY LINE CENTER LINE RECORD INFORMATION P.O.B. 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 RIF IRON ROD FOUND Pt" IRON PIPE FOUND P.u.E. PUBLIC UTILITY EASEMENT .P.R.W.C.T.. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C.TA. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.Tx. PLAT RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T.. DEED RECORDS WILLIAMSON COUNTY. TEXAS RIGHT-OF-WAY PLAT SHOWING PROPERTY OF ROUNDVILLE PARTNERS, L.L.C. P.O.R. • PAGE 3 OF 3 REF. FIELD NOTE NO. 1760 PARCEL 152 J BEGIN SESSION @ Fri Apr 14 09:11:01 2000 Points 2 to 1000 deleted. 1000 points in fnp152 FROM ANGLE DIST workfile. NORTH EAST TO ***** START 1 TRAV 2 TRAV 3 TRAV 4 TRAV N 18 05 30 W N 71 54 25 E S 18 05 30 E S 70 38 55 W 100.53 150.01 97.24 150.04 10000.00000 10095.55989 10142.14718 10049.71463 9999.99727 50000.00000 49968.78160 50111.37411 50141.57084 50000.00748 1 2 3 4 5 LAT & DEP 0.00273 -0.00748 5 HCLOSE N 69 55 33 W 0.01 10000.00000 50000.00000 1 PREC = 1 TO 62494 Area = 14834.12 sq ft 0.34054 ac BEGIN SESSION @ Thu Apr 13 18:08.,0 2000 Points 2 to 1000 deleted. 1000 points in rowp152 FROM ANGLE DIST workfile. NORTH EAST TO ***** START 1 TRAV 2 TRAY 3 TRAV 4 TRAV N 18 05 30 W N 71 54 25 E S 18 05 30 E S 70 38 55 W 100.53 150.01 97.24 150.04 10000.00000 10095.55989 10142.14718 10049.71463 9999.99727 50000.00000 49968.78160 50111.37411 50141.57084 50000.00748 1 2 3 4 5 5 LAT & DEP 0.00273 -0.00748 HCLOSE N 69 55 33 W 0.01 10000.00000 50000.00000 1 PREC = 1 TO 62494 Area = 14834.12 sq ft 0.34054 ac BEGIN SESSION @ Fri Apr 14 10:31 0 2000 Points 2 to 1000 deleted. 10000 points in workfile. skp152 FROM ANGLE DIST NORTH EAST TO ***** START 1 TRAV 2 TRAV 3 TRAV 4 TRAV N 18 05 30 W N 71 54 25 E S 18 05 30 E S 70 38 55 W 100.53 150.01 97.24 150.04 10000.00000 10095.55989 10142.14718 10049.71463 9999.99727 50000.00000 49968.78160 50111.37411 50141.57084 50000.00748 1 2 3 4 5 5 LAT & DEP 0.00273 -0.00748 HCLOSE N 69 55 33 W 0.01 10000.00000 50000.00000 1 PREC = 1 TO 62494 Area = 14834.12 sq ft 0.34054 ac DATE: October 18, 2000 SUBJECT: City Council Meeting — October 20, 2000 ITEM: 12.C.5. Consider an ordinance determining the public necessity for the acquisition of 0.340 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)