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G-00-09-28-8E4 - 9/28/2000ORDINANCE NO. 4-00-09- (8-, o 'E 1 - AN AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF 0.587 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 0.587 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\000928E4. WPD/Els 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 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. (:(-- i 444 ROBERT A. STLUKA, Ler Mayor City of Round Rock, Texas ATTEST: NE LAND, City Secretary 4 09/25/2000 16:30 FAX 5122185563 CORKvn PUBLIC WORKS : ..ua... L+sA1IIlL ExHUU(i "WI i CITY HALL Z002/004 Z005/018 November 05, 1998 JOB NO. 104313-10002 FIELD NOTE No. 43 MAYS STREET RIGHT-OF-WAY , 0.587 ACRES OUT OF 4.00 ACRES TO HORACE R. LEIGH VOLUME 439 PAGE 584 DEED RECORDS OF WILLIAMSON COUNTY, TEXAS FIELD NOTES FOR PARCEL 2 A DESCRIPTION OF A 0.587 ACRE TRACT OF LAND IN THE ASA THOMAS SURVEY ABSTRACT NO. 609, IN .WILLIAMSON COUNTY TEXAS BEING A PORTION OF A 4.00 ACRE TRACT CONVEYED TO HORACE R, LEIGH. AS RECORDED IN VOLUME 439 PAGE 584 DEED RECORDS OF WILUAMSON COUNTY TEXAS, SAID 0.587 ACRE TRACT OF LAND, WITH ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 5/8" inch iron pipe found at the northwest comer of a 9.968 acre tract as recorded in Document Number 9720930 of the Official Records of Williamson County, Texas, same being the southwest corner 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 comer of the said 9.968 acre tract bears N 70°30'00" E 888.71 feet, THENCE with the east right-of-way line of Interstate Highway 35 (US HWY 81) S 03°08'00" E 472.36 feet to a Winch iron rod in the south line of a 10.00 acre tract conveyed to G. King and Hazel King as recorded in volume 395 page 517 of the Williamson County Deed Records,and the north line of a 4.00 acre tract conveyed to Horace R. Leigh as recorded in Volume 439 Page 584 of the Williamson County Deed Records, THENCE departing the said right-of-way line and with the south line of the said 10.00 acre tract, the north line of the 4.00 acre tract N 70°29'30" E 303.51 feet to a !4" inch iron rod set in the arc of a curve to the left and the POINT OF BEGINNING of the herein described tract, and also being the northwest corner, THENCE continuing with the said south line of the 10.00 acre tract and the north line of the 4.00 acre tract N 704'29'30" E 124.70 feet to W inch iron rod set, from which a i4" iron rod found bears N 85°42'09" W 1.12 feet, said iron rod set being the northeast comer of the herein described tract, the said 4.00 acre tract, and the northwest comer of a 0.23 acre tract conveyed to the City Of Round Rock. as recorded in Volume 818 Page 28 of the Williamson County Deed Records, SEP -25-2000 16:42 5122185563 98% P. 09/25/2000 16:31_FAX 5122185563 CORR PUBLIC WORKS � � � � 0440 t5A!('17f1't CB -' CITY HALL Z003/004 Z006/016 THENCE departing the south line of the said 10.00 acre tract, and with the common Zine of the 0.23 acre tract,S 02°53'18" E passing at 100.24 feet an x In concrete found being the southwest corner of the said 0,23 acre tract, and the west northwest corner of Lot 1 of Corridor Park fl as recorded in Cabinet G Slide 136 of the Plat Records of Williamson County, in all 425.61 feet to a 4"x4" concrete monument found being an "ell" corner of Corridor Park II, the southeast corner of the said 4,00 acre tract, and of the herein described tract, from which a iron rod with cap found bears S 78°02'24" E 0.62 feet, THENCE continuing with the common line of the 4.00 acre tract, and Corridor Park II S 70°10'12" W 0.55 to a 1/Z' inch iron rod set, being the southwest corner of the herein described tract, THENCE departing said common line and crossing the said 4.00 acre tract the following two (2) courses, 1. N 19°51'43" W 402.96 feet to a W' inch iron rod set at the Point of Curvature of a curve to the left, 2. with the arc of said curve to the left passing through a central angle of 00°25'48" to the POINT OF BEGINNING of the herein described tract , and containing 0.587 acres of land more or Tess, said curve having a radius of 650.00 feet, an arc length of 4.88 feet, and a long chord of N 18°39'21" W 4.88 feet. 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 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. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6th day of November, 1998, A.D. Rust Environment & Infrastructure 811 Barton Springs Road Suite 400 Austin, Texas 78704 . SEP -25-2000 16:43 OF � .. O PAiJI. e A 3997 / Vt. PelD David P. Carr Registered Professional Land Surveyor o. 3997 - State of Texas 5122185563 98% P.03 09/25/2000 16:31 FAX 5122185563 CORK PUBLIC WORKS - ���.. a.aa��\i uiL VQ SOUTH PARK ADDITION VOL. 4, PG. 19 W. C. P. R, -) CITY HALL 19 li BS"' ,.~moi 1 ' 22 5/8` MC ,9 7Lb 3„00,80,f05 ID 0 • 0 ■ '. C.P.R. '.C. D.R. R.O.W.C. POINT OF BEGINNING POINT OF COMMENCEMENT CAPPS RENT—A—CAR. INC. • 9.968 AC. DOC. 972093o O.R.0.W.c. 1 • o: . D=0025.48" R=850,00' L=4.88' CB=N18'30'21 P'W C=4.88' LJ 004/004 2007/018 3/8- IPF CITY OF ROUND ROCK 0.23 AC. VOL. 818. PG. 28 xFND• SURVEY ASA ABS609 l_ EGENp CALCULATED POINT 1/2' IRON ROD FOUND 1/2' IRON ROD SET IRON PIPE FOUND CONCRETE MONUMENT FOUND WILLIAMSON COUNTY PLAT RECORDS WILLIAMSON COUNTY DEED RECORDS ORIGINAL RECORDS OF WILLIAMSON COUNTY HORACE R. LEIGH 4.00 AC. VOL. 439. PG_ 894 W.C.D.R. m LOT CORRIDOR PARK it CAB. G. SLIDE 136 W C.P.R. GRAPHIC SCALE IS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A 11 COMMITMENT. NO ADDITIONAL RESEARCH WAS PERFORMED EARTH TECH_ raw ell a/4mi Sompics f � h00. _ sit 400 Avs7111. TF -2A5 /9704-1164 Cs12) G74-53oo SEP -25-2000 16:43 FIELD NOTE FIELD DOOl. 4.. C.O.R.R. NO. 5122185563 IRF' t ▪ .STB D2 24-W N%r•1P: D.62.▪ • 2pK 5�0�55' SURVEY OF 0.587 ACRES IN THE ASA THOMAS SURVEY ABS. 609 WILLIAMSON COUNTY, 'TEXAS 98% P. 04 1 z0'd i2,6 zbE2 8Tz ZTS SO:LT 0082-TZ-d3S DATE: September 22, 2000 SUBJECT: City Council Meeting — 7:00 p.m. ITEM: 8.E.4. Consider an ordinance determining the public necessity for the acquisition of 0.587 acres 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.