Loading...
G-00-09-28-8E5 - 9/28/2000ORDINANCE NO. 6'•010-094 g- 9E5 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF 1.54 ACRES IN FEE SIMPLE FOR THE SOUTH MAYS STREET EXTENSION PROJECT; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY FOR THE CREATION, CONSTRUCTION AND MAINTENANCE OF THE SOUTH MAYS STREET 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 South Mays Street 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 1.54 acres of land in Williamson County, Texas, in fee simple, for the South Mays Street 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\00092BE5.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 the South Mays Street 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 South Mays Street 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 South Mays Street 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 , 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: J(dANNE LAND, City Secretary ROBERT A. STLUKA,(/JR., Mayor City of Round Rock, Texas 4 09/25/2000 16:32 FAX 5122185563 CORR PUBLIC WORKS _07/1212000 WED 01:03 FAX 512 474 6326 EARTHTECE Ex/4u3rr "A" -+ CITY HALL July 1, 1999, JOB NO. 104313-10002, FIELD NOTE No. 42R MAYS STREET RIGHT-OF-WAY , 1.54 ACRES OUT OF 9,968 ACRES TO CAPPS RENT- A- CAR INC. DOC NO. 9720930 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS FIELD NOTES FOR PARCEL 1 A DESCRIPTION OF A 1.54 ACRE TRACT OF LAND IN THE ASA THOMAS SURVEY ABSTRACT NO, 609, IN WILUAMSON COUNTY TEXAS BEING A PORTION OF A 9.968 ACRE TRACT CONVEYED TO CAPPS RENT -A -CAR INC, AS RECORDED UNDER DOCUMENT NUMBER 9720930 OF THE OFFICIAL RECORDS OF WILUAMSON COUNTY TEXAS, SAME BEING A CALL 10.00 ACRE TRACT CONVEYED TO G.KING AND HAZEL KING AS RECORDED IN VOLUME 395 PAGE 517 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.54 ACRE TRACT OF LAND, WITH 'ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Z 002/004 2b002/018 BEGINNING, at a 5/8" inch iron pipe found at the northwest corner of a call 10.00 acre tract conveyed to G.King and Hazel King and recorded in Volume 395 Page 517 of the Williamson County Deed Records, being the northwest corner of a call 9.968 acre tract as recorded In Doc, No. 9720930 of the Williamson County Plat Records, same being the southwest comer of the South Park Addition as recorded in Volume 4 Page 19 of the Williamson County Plat Records, and being in the east right-of-way line of Interstate Highway 35 (US Hwy 81), from which a 3/8" inch iron pipe found being the northeast of the said 9,968 acre tract bears N 70°30'00" E 868.71 feet, THENCE leaving the said east right of way line of Interstate Highway 35 (US Hwy 81), and with the south line of the said South•Park Addition N 70°30'00" E 220.75 feet to a 1/2" inch iron rod set, being the northeast corner of the herein described tract. THENCE leaving the said south line of the South Park Addition, and crossing the said 9.968 acre tract the following two (2) courses: 1. S 26°35'25" E 356.18 feet to a 1i inch iron rod set at the Point Of Curvature of a curve to the right , 2. with the arc of said curve to the right passing at 99.02 feet the south line of the said 9.868 acre tract, in all 99.93 feet, to a 1/2" inch iron rod set in the south line of the said 10.00 acre tract, and being the southeast corner of the herein described tract, said curve having a central angle of 07°38'04", a radius . of 750.00 feet, and a chord bearing S 22°46'23" E 99.86 feet, THENCE with the said south line of the said10.00 acre tract S 70°29'30" W 100.01 feet to a 1/2" inch iron rod set in the arc of a curve to the left, and being the southwest corner of the herein descibed tract, THENCE departing the south line and crossing the said 9.968 acre tract the following four (4) courses: 1. with the arc of said curve to the left passing at 0.31 feet the south line of the said 9.968 acre tract, in all 87.57 feet, to a 1/2" inch iron rod set at the Point of Tangency, said curve having a central angle of 07° 43' 10", a radius of 650.00 feet, and a chord bearing N 22°43'50" W 87.51 feet, 2. N 26°35'25" W 162.57 to a 1/2" inch iron rod set at the Point of Curvature of a curve to the left, SEP -25-2000 16:44 5122185563 Se% P.06 09/25/2000 16:32 FAX 5122185563 CORR PUBLIC WORKS .07/12/.2000 WED 01:03 FAX 512 474 6325 EARTHTECH -+ CITY HALL 003/004 Z1003/016 3. with the arc of said curve to the left passing through a central angle of 91°29'51" to a 1/2" inch iron rod set at the Point of Tangency, said curve having a radius of 83.00 feet, an arc length of 132.55 feet, and a chord bearing N 72°20'21" W 118.90 feet, 4. 5 B7°54'44" W 94.83 feet to a 1/2" inch iron rod set in the west line of the said 9.968 acre tract, being the 10.00 acre tract, and the east right-of-way line of Interstate Highway 35 (US Hwy 81), being the most westerly corner, THENCE with the said east right -of -way line Interstate Highway 35 (US Hwy 81) N 03°08'00" W 153.02 feet to the POINT OF BEGINNING and containing 1.54 acres of land more or Tess. THE STATE OF TEXAS KNOWN BY ALL THESE MEN PRESENT: COUNTY OF TRAVIS That I, David P, Carr, 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 during November, 1998 under my direction and supervision. A.D. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 2nd day of July 1999 Earth Tech 811 Barton Springs Road Suite 400 Austin, Texas 78704 David P. Carr Registered Professional Land Surveyor No. 3997 - State of Texas SEP -25-2000 16:44 5122185563 98% P.07 u,�'J /4UUUOW 1) 01:04A%FAX25125474 6025 EARIHTLCH PUBLIC WORKS POINT OF BEGINNING z 0 a Lai 3-'o N.S. 2'Z 5/6" LPF 4,` .30 C3.0d 041 CI 5° 147 0 .E. 1 SOUTH PARK ADDITION VOL. 4. PC. 19 W.C.P.R. 1.54 AC. PARCEL 0 20 4 CITY HALL 0' 1e) SE� 6F ° aaa "‘ 50' 100' Z004/004 RI 004/016 200' SCALE 3/A" IPF N CAPPS RENT -A -CAR, INC. is .'i"Oelto=.9179'51" DOC. 9720930 cQ V9.968 AC. R=83.00' C20'21"W ZN C=118.90' i�0 fAjbog L=132.55' S P P� �s Nero P Ultao07'38'04" R=750.00' L=99.93. CB=S22`46'23"E C=99.86' Oeltc=074310' R••65D.00' Lm87.57' C8-N22`43'50`W • • C=87.51'••'• .91 . • 10.00 "L KWIC 517CPRP A�cpR.lNc, vol t IC - 0. K7N6 �5 PC' 0.9.9697g30 DOC' HORACE R. LEIGH 4.00 AC, VOL. 4.39, PG. 5B4 W.C_D.R. THIS SURVEY WAS PERFORMED WITHOUT THE EENEFIT OF A TITLE COMMITMENT. NO ADDITIONAL RESEARCH WAS PERFORMED BY EARTH TECH. EARTH T ECH 911 eARTON SMOG= tux. Sr. 100 AUtTN. TEXAS 700•-I1C4 (512) 474-5500 SEP -25-2000 16:44 ORN]T.Y. 1 7-1-99 APP D.C. 7-1-99 J CITY OF ROUND ROCK 0.23 AC. VOL 818, PG. 28 LOT 1 CORRIDOR PARK 11 CAB. G, SLIDE 136 W,L'.P.R. I. FGEND 0 IRON PIPE FOUND • IRON ROD FOUND O IRON ROD SET —0— CHAIN UNK FENCE —x-- BARBED FENCE w.c.P.R. WILLIAMSON COUNTY PLAT RECORDS O.D.R. WILLIAMSON COUNTY DEED RECOROS FILENAME: 10431311 FIELD NOTE 42R FIELD BOOK C.O.R.R. 1 SURVEY OF 1.54 ACS. IN TI -IE ASA THOMAS SURVEY ABS. 609 WILLIAMSON, COUNTY TEXAS .mmummom. 5122185563 98% P. 08 Z0'd %2,6 EPEE 8TE ZTS sO:LT 0002-TZ-dSS ZOOtj ZZVH 3ZIa fit uoTaoas 3Td3eaz ZVZC STZ ZTS XVd ZS:ST 11HZ 000Z/TZ/60 DATE: September 22, 2000 SUBJECT: City Council Meeting — 7:00 p.m. ITEM: 8.E.5. Consider an ordinance determining the public necessity for the acquisition of 1.54 aces of land for the South Mays Street 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.