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G-00-09-28-8E6 - 9/28/2000ORDINANCE NO. (?- X- 09-c:QE - 8E6) AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF 0.71 ACRES IN FEE SIMPLE FOR THE GATTIS SCHOOL ROAD EXTENSION PROJECT; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY FOR THE CREATION, CONSTRUCTION AND MAINTENANCE OF THE GATTIS SCHOOL ROAD EXTENSION, 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 the Gattis School Road extension, 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 0.71 acres of land in Williamson County, Texas, in fee simple, for the Gattis School Road extension project, 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\000928E6.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 the Gattis School Road extension 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 the Gattis School Road extension, 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 2 necessary to complete the acquisition of the Property. 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 the Gattis School Road extension 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 O day of 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: 0A/vwd)o&rteL E LAND, City Secretary ROBERT A. STLUKA, P., Mayor City of Round Rock, Texas 4 09/25/2000 16:35 FAX 5122185563 CORR PUBLIC WORRS EX F1- 1131 T "AH i CITY HALL Ej002/004 May 11, 2000 JOB NO. 31615-10002 GATTIS SCHOOL ROAD RIGHT-OF-WAY, HELD NOTE No. 167 FIELD NOTES FOR PARCEL 1 A DESCRIPTION OF RACT NO 298, RN WIL1 ACRE TACT UAMSO F LANDCOUNTY TEIN THE ILEY XAS HARRIS SURVEY ABST BEING A PORTION OF A CALL 18.484 ACRE TRACT AS DESCRIBED IN A DEED TO MATTERHORN USA, INC, AS RECORDED IN DOCUMENT NO. 96048910F THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.71 ACRE PARTICULARLOF LAND, WITH Y DESCRIBED BYACCOMPANYING SKETCH IS MOREMETES AND BOUNDS AS FOLLOWS: BEGINNING at a'/2" inch iron rod found at the northeast comer of Kenney Fort Center a subdivision recorded in Cabinet B, Slide 268 of the Plat Records of Williamson County, Texas, said iron rod being the southeast corner of the said 18.484 acre tract of land, said iron rod being in the recognized north survey line of the Asa Thomas Survey Abstract No. 609, the south line of the Wiley Harris Survey Abstract No. 298 and in the west right-of- way line of US Highway 81; THENCE with the common line of the said Kenney Fort Center, the 18.484 acre tract, and the recognized survey line S 69° 25' 13" W 500.87 feet to a'/2" inch iron rod found in the arc of a curve to the left in the east nne gFort Centelr, the so thwInterstate est corneaof the 18.4iron 84 acre being the northwest comer of Ke ) tract, and of the herein described tract; THENCE with the arc of said curve to the left and the east right-of-way line of Interstate Highway 35 passing through a central angle of 00° 27' 51" to a 1/2" inch iron rod with cap set, and being the northwest c°en length ofthe 94 25 feet,eandba chordtract, bearn g N 18curve h17 37aving a radius of 11636.37 feet, an a g W 94.25 feet; THENCE departing the said east right-of-way Zine and crossing the 18.484 acre tract the following seven (7) courses and distances, 1. S 65° 28' 02" E 49.32 feet to a 1/2" inch iron rod with cap set, 2. N 68° 59' 16" E 165.26 feet to a'/2" inch iron rod with cap set, 3. N 70° 10' 41" E 142.27 feet to a Y2" inch iron rod with cap set, 4. N 86° 55' 56" E 11.97 feet to a 'h" inch iron rod with cap set, SEP -25-2000 16:47 5122185563 98% P.17 09/25/2000 16:35 FAX 5122185563 CORR PUBLIC WORKS -+ CITY HALL Z 003/004 5. N 69° 25' 13" E 65.15 feet to a 1/2" inch iron rod with cap set, 6. N 64° 41' 18" E 72.63 feet to a'/2" inch iron rod with cap set, 7. N 32° 58' 26" E 37.76 feet to a'/2' inch iron rod with cap set in the west right-of-way line of US Highway 81, same being the east line of the said 18.484 acre tract, said iron rod being the northeast corner of the herein described tract; THENCE withthe said west right-of-way line and the east line of the 18.484 acre tract S 04°11' 27" E 86.95 feet to the POINT OF BEGINNING of the herein described tract and containing 0.71 acres of land more or Tess. THE STATE OF TEXAS COUNTY OF TRAVIS KNOWN BY ALL THESE MEN PRESENT: That I, David P. Carr, a Registered Professional Land Surveyor, do hereby certify that the above description is herein was determined by a survey made on of my knowledge ground nd tat the property described during January, 1999 under my direction and supervision. • WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 11th day of May, 2000, A.D. Earth Tech 811 Barton Springs Suite 400 Austin, Texas 78704 SEP -25-2000 16:47 Road David P. Carr Registered Professional Land Surveyor No. 3997 - State of Texas DAVID PAUL CARR 44 .( 3997 �'. 1 i4, sio.`'•-y0 5122185563 98% P.18 09/25/2000 16:35 FAX 5122185563 GCLTA-6-IS'411 RAD=11636.31 Al-l2G5.15' CO N71.3B'2V' w -12G4 53' 7 LEGEND CORR PUBLIC WORKS 4 CITY HALL o IRON ROD WITH CAP SET • IRON ROD FOUND 0 IRON PIPE FOUND 30' 20' 0 15' 30' DELTA -02751" 840.11636.37' AL=91.25' CBeN1817'7r*-94,25' \ GRAPIIIC SCALE MATTERH KENNEY DOC. OFFICIAL RECORDS OF 56526'02-E 49,32. 1004/004 ORN USA, INC. FORT CENTER # 9604891 WILLIAMSON COUNTY, TEXAS N32'58'21rE NUM,0 E 11.97` 37.76 5.N5 P. 0.B. 9 KENNEY FORT CENTER CAB. B, SL. 268 PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS EARTH DELTA -1 X5'30" RA0=11636.37' AL -289 14' C8 -S1770.06 -E-2,69.44' IDRN C.G. 05-10-00 05-10-00 FILE T E C N NAME I: \work\survey\ 11 BARYON SPRINTS PO., STE 400 AUSTIN. TEXAS 7e704-1164 (512) 474-5500 SEP -25-2000 16:48 projects\h esters\ FIELD NOTE (FIELD BOOK 167 FIELD NOTE SKETCH TO ACCOMPANY FN167 CITY OF ROUND ROCK wILLIAMSON COUNTY. TEXAS 5122185563 98% P.19 Z0'd %L6 Z1Z2 OTE ZTS 9b:60 0002-IE-d3S % C SH G PARK p 1 1 �� C�IN.W Z00@j T1VH uOT1OaS 3TdJ8JZ MC CZ ZTS XYd 6C:80 11H,L 0002/TZi60 DATE: September 22, 2000 SUBJECT: City Council Meeting — 7:00 p.m. ITEM: 8.E.6. Consider an ordinance determining the public necessity for the acquisition of 0.71 acres of land for the Gattis School Road Extension 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.