G-00-09-28-8E7 - 9/28/2000ORDINANCE NO. 4 -w -O°-8- SE 7
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF 0.061 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 approximately 0.061 acres of land 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\000928E9.WPD/818
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.
(7t1.1..)
READ, PASSED, and ADOPTED on first reading this )o day
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:
,IG/) eln.GL'
I/A NE LAND, City Secretary
ROBERT A. STLUKA, R., Mayor
City of Round Rock, Texas
4
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EXHIBIT A Page f of 2 Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
-144 CITY HALL
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Property Description for Parcel 81
Being a 0.061 of one acre tract (2,657 square feet) of land situated in the Jacob M. Harrell
Survey A-284, Williamson County, Texas and being a portion of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, recorded in Cabinet L, Slide 57 of the Williamson County
Plat Records (W.C.P.R.) as conveyed by Woodmen of the World Life Insurance Society to
QRST 1-29 (Tx), Inc., recorded in Volume 2427, Page 328 of the Official Records of Williamson
County, Texas (O.R.W.C.T_). Said 0.061 of one 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 northwest corner of said Lot 1 and the
northeast corner of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, recorded in Document No. 9844186 O.R.W.C.T.;
THENCE, South 05°34'03" East (N 03°04'19" W) along the line common to said Lot 1 and said
14.625 acre tract, a distance of 819.17 feet to a Texas Department of Transportation (TxDOT)
brass disk in concrete set (X = 3,133,266.30, Y = 10,149,734,70) in the proposed northerly right-
of-way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45
Baseline Station 541+39.73 for the northwest corner and POINT OF BEGINNING of the
herein described tract;
1. THENCE, North 84°27'3T' East, along the proposed northerly right-of-way line of State
Highway 45, a distance of 483.88 feet to a 1/2 -inch iron rod with a TxDOT aluminum cap set
at 216.38 feet left of and perpendicular to State Highway 45 Baseline Station 546+23.59 for
the northeast corner of the herein described tract and in the northwesterly line of Lot 2, of
said TOWN AND COUNTRY MALL SUBDIVISION;
2. THENCE, South 53°15'53" West, along the line common to said Lot 1 and said Lot 2, a
distance of 10.69 feet to a point for the southwest corner of said Lot 2, the southeast comer of
the herein described tract and being in the north line of a called 7.1610 acre tract of land as
conveyed to the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 84°26'59" West (S 86°55'08" W), along the line common to said Lot 1, said
7.1610 acre tract of land as conveyed to the State of Texas (Parcel 2) and a 2.2540 acre tract
of land as conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810
O_R.W.C.T, a distance of 474.73 feet to a 5/8 -inch iron rod found for the southwest comer of
said Lot 1 and being an exterior comer of said 14.625 acre tract;
OCT -83-2000 15:01
4!7658\pareetsldec1PARS 1 _doe
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EXHIBIT Fi Page 2 of z Pages
4. THENCE, North 05°34'03" West (N 03°04'19" W), departing said 2.2540 acre tract of land
as conveyed to the State of Texas (Parcel 3) and along the line common to said 14.625 acre
tract and said Lot 1, a distance of 5.63 feet to the POINT OF BEGINNING and containing
a computed area of 0.061 of one acre (2,657 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 Bradenlnc.
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 17, 2000
OCT -83-2000 15:02
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4-34,CITY HALL Z004
PINNACLE GR0UPGB 1104
PARS1CLOSURE.TXT
Z:\417658\PARCELS\FINALS\CLOSURES\CLOSE-81
15:32:45 04/13/00
.. 1
Job Description:
Page No
Lot : Z:\417658\PARCELS\FINALS\Closures\81.clo
From PNT Bearing Distance Northing Easting To Pnt
1 N84°27137"E 483.88 0.000 0.000 2
2 S53°15'53"W 10.69 46.712 481.620 3
3 S84°26159"W 474.73 40.318 473.053 4
4 N05°34'03"W 5.63 -5.598 0.549 5
Square Feet 2674.7 Acres 0.061
Square Metres: 248.48 Hectares ; 0.025
TOTAL Traverse Distance : 974.93
TOTAL Traverse Perimeter: 974.93
TOTAL Traverse Stations : 5
CLOSURE Direction : S22°56'01"W
CLOSURE Distance 0.01
ERROR of Closure 1:154671
Frontage: 974.930000.
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DATE: September 22, 2000
SUBJECT: City Council Meeting — 7:00 p.m.
ITEM: 8.E.7. Consider an ordinance determining the public necessity for the
acquisition of 0.061 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) Staff Resource Person: Jim Nuse, Public Works Director.