G-99-09-23-9C5 - 9/23/1999ORDINANCE NO. 6- qq- VI -a3 -9e5
AN
9e5-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS DECLARING THE NECESSITY FOR ACQUIRING BY
CONDEMNATION THE FEE SIMPLE TITLE TO CERTAIN
DESCRIBED PROPERTY FOR RIGHT-OF-WAY PURPOSES TO
WIDEN AND IMPROVE A PUBLIC ROAD; AUTHORIZING THE CITY
ATTORNEY OR OTHER DESIGNATED LEGAL COUNSEL TO FILE
PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED
PROPERTY; PROVIDING A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock, 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
acquire the right-of-way necessary for the widening and improvement
of U.S. Highway 79; and
WHEREAS, in accordance with the above, the City Council
hereby finds that it is in the public interest to acquire fee
simple title to certain real property for the above -stated public
purposes; and
WHEREAS, the real property to be acquired for such
purposes is an approximate 1.785 acres of land, more or less,
situated in the Joseph Marshall Survey, Abstract No. 409, in
Williamson County, Texas, said tract being more fully described in
Exhibit "A" attached hereto and incorporated herein by reference
(the "Property"); Now Therefore
K:\WPDOCS\ORDINANC\090923C5.WPD/clb
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS, THAT:
I.
The City Council hereby finds and determines that it is
necessary for the welfare of the City of Round Rock, Texas and its
citizens and is in the public interest to acquire fee simple title
to the Property for right-of-way purposes for the widening and
improvement of a public road in the City of Round Rock, Texas, to
wit: U.S. Highway 79, and associated public purposes.
II.
The City Attorney, or other legal counsel designated by the
City Attorney, is hereby authorized on behalf of the City to
attempt to agree on damages and compensation to be paid to owners
of the Property. If it is determined that an agreement as to
damages and compensation cannot be reached, then the City Attorney,
or other legal counsel designated by the City Attorney, is hereby
authorized and directed to file or cause to be filed, against Texas
Rainbow Company, owner of the Property described herein, and
against all other owners, lienholders, and other holders of an
interest in the Property, proceedings in eminent domain to acquire
the unencumbered fee simple interest and a temporary construction
easement in and to the Property.
2.
III.
It is the intent of the City Council that this ordinance
authorizes the condemnation of all property required to widen and
improve U.S. Highway 79. 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, or
other legal counsel designated by 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 of the
City of Round Rock, Texas authorizing the condemnation of the
corrected or revised Property.
IV.
This ordinance shall take effect immediately from and after
its passage.
V.
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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
3.
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 3(2-.4
day
�1 , ' ► I
1999.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1999.
READ, APPROVED and ADOPTED on second reading this the
day of , 1999.
ATTEST:
ANNE LAND, City Secretary
ty of Round Rock, Texas
City of Round Rock, Texas
4.
E0'd %96
9868 SSE EIS b0:bY 666T-TE-d9S
Page 1 of 3
EXHIBIT
County: Williamson
Parcel No.: 5
Highway: U.S. Highway 79
Limits: From: County Road 195
To: Approximately 1000 feet east of County Road 110
CSJ: 0204-01-050
FIELD NOTE DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 1.785 ACRE TRACT OF LAND LOCATED IN THE JOSEPH MARSHALL SURVEY,
A-409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CALLED 44.96 ACRE
TRACT OF LAND DESCRIBED IN THE DEED TO TEXAS RAINBOW COMPANY AS RECORDED IN
VOLUME 1095, PAGE 752 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.785
ACRE 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
143.49 feet left of Survey Baseline 'G' station 287+23.92, being a point on the west line of said 44.96 acre
tract, also being a point in the east line of that called 201.992 acre tract of land described in the deed to
Continental Homes of Texas, L.P., as recorded in Document Number 9908540 of the Official Records of
Williamson County, Texas. and being the northwest corner and POINT OF BEGINNING of the tract described
herein, from which a %-Inch iron rod found for the northwest comer of said 44.96 acre tract bears
N 02°21'01" W, a distance of 2228.52 feet;
1) THENCE crossing said 44.96 acre tract with the arc of a curve to the right, passing at a distance of
279.76 feet a Type II TXDOT monument set 143.45 feet left of Survey Baseline "G" station
290+00.00, and continuing a total distance of 948.62 feet through a central angle of 04°46'04", having
a radius of 11400.00 feet, and a chord which bears N 70'18'51" E, a distance of 948.35 feet to a
TxDOT Type II Monument set 144.21 feet left of Survey Baseline 'G' station 296+60.35 for the
northeast corner of the tract described herein, same being a point in the existing north right-of-way
line of U.S. Highway No. 79, and being a point in the west line of that called 0.111 acre tract of land
described in the deed to the State of Texas as recorded in Volume 304, Page 92 of the Deed Records
of Williamson County, Texas, from which a 4 -inch iron rod with a Texas Department of
Transportation (TxDOT) aluminum cap set for the north corner of said 0.111 acre tract bears
N 30°02'35" E, a distance of 12.14 feet;
2) THENCE with the existing north right-of-way line of U.S. Highway No. 79 and the west line of said
0.111 acre tract, S 35°02'35" W, a distance of 144.43 feet to a calculated point for the southeast
corner of this tract, same being a point in the south line of said 44.96 acre tract, from which a broken
TxDOT Type I monument found bears S 35°02'35" W, a distance of 2.2 feet;
FN1341C,JWG 90304 -23
900/Z0071 2IU AZI3 ff1- 'sso.z0 .9 slaa>IS
9868 SSZ ZTS., 9S:CT 66/TZ/60
20'd Y.96
9868 SSE ETS t' :bT 666T-TE-d9S
Page 2 of 3
3) THENCE departing the west line of said 0.111 acre tract, with the south line of said 44.96 acre tract
and continuing with the existing north right-of-way line of US Highway No. 79, with the arc of a curve
to the left a distance of B57.52 feet, through a central angle of 04°32'45", having a radius of 10808.21
feet, and a chord which bears S 70°08'12" W, a distance of 857,30 feet to a calculated point in the
west line of said 44.96 acre tract, same being a point in the east line of said 201.992 acre tract, from
which a %-inch Iron rod hound bears S 10°54'42" E, a distance of 4.05 feet;
4) THENCE departing the existing north right-of-way line of U.S. Highway No 79, with the west line of
said 44.96 acre tract and the east line of said 201.992 acre tract, N 02°21'01" W, a distance of 41,24
feet, and continuing a total distance of 90.15 feet to the POINT OF BEGINNING and containing
1.785 acres of land more or less.
AH bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Robert J. Roy, 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 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 9th day of August,
1999 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 76704
Robert J. Ro
Registered Professional Land Surveyor
No. 5159 - State of Texas
FN1341 C.JWG 98304 -23
900/C00PI 211I dLI3 --- •ssoao saaaus 9868 SSZ ZTS$ LS:CT 66/TZ/60
b0'd X96
LEGEND
▪ TYPE II CONCRETE MONUMENT SET
■ TYPE 1 CONCRETE MONUMENT FOUND
O 1/2" IRON R00 SET WITH
CAP UNLESS NOTED
• �'/ IRON R00 FOUND UNLESS
NOTED
• 00 0 NAIL FOUND UNLESS NOTED
4 CALCULATED POINT
O FENCE POST
It PROPERTY LINE
f RECORD INFORMATION
PALO. POINT Of BEGINNING
P.O.C. POINT OF COMMENCING
PAR. POINT OF REFERENCE
ee jj POINT OF TCURVATANGENCYURE
' POINT OF
p.c.,.POINT OF COMPOUND CURVATURE
9868 SSE ETS SO:bT 666T -TE -c139
P.O,R. DETAIL 'A'
PARCEL 5 illi
NOT TO SCALE
/ N 35' 02'35" E
/ 12,14'
/h
/'tirj / CI
too. ^ 3,
/N'4
/ N N 1 O ryh� ��G�'L�
otA �Q,
/ ryN
•
! 3 4) 4. , ^),z, �9.
/:?,;,, c1 0, y,°i4'Qi.
/ N O L • 04. 46'04" cf-
/A, o R • 11400.00'
ao T • 474.59'
/ 2.. L • 948.62'
/ C - 948.35'
/ C8 • N 70°18'5r E
SURVEY BASELINE 'G'
CURVE DATA
P.I. STA. 285.98.17
X • 3151912.137
Y - 10168148.549
a - 7° 10'41" RT
R • 10742.96
T 673.82' GRAPHIC SCALE
L - 1345.88 Ix LEST
C - 1345.00 n0 0 60 100 200
CB • N 67°12'44" E I j
P.C. STA. 279.24.35 1•• • zoo.
P.C.C. STA. 292.70.23
SURVEY BASELINE '0'
CURVE DATA /
P.I. STA. 304-36.22
x - 3153649.632 /
Y - 10168753.570 / !
- 11° 37'12' RT
C2 R 11459.16 ! /
L. DETAIL 'C' / d - 04°32'45" T - 1166.00' =i
soh NOT TO SCALE / R - 10808.21' L - 2324.00' / o
ti T - 428.99' C • 2320.02'
/ L - 857.52' CB - N 76° 36'40" E i._^,%:',/
/ ,ti`s C - 857.30' P.C.C. STA. 292.70.23 /4i o
/ O .�"r.,,...,4:-
/' +1CB - S 70°08'12" W P.T. STA. 315.94,23 /'c / �,.w
/ ery
r� / Vj Io
/
10.54'42" E /C2 J,N1 • •° (,' i &I2�0,
4.05' / G., (3-.`�q-• / / a
/ .' C.,
S35'
/ JOSEPH MARSHALL SURVEY / �/ «� '°�
cI o
BROKEN Ili
535' 02'35" W / o / Z
ABSTRACT N0. 409 / 21 v) o
CONTINENTAL HOMES / DETAIL 'B' 2'2� / / z Wipe
OF TEXAS, L.P. / NOT TO SCALE
CALLED 201.992 ACRES/ TEXAS RNNBOWPCCO52ANY / // m 0 Q
DOC. NO. 9908540 / PARCEL 5 VOL, 1095, 296.60.35 !/ /
290-00.00 CALLED 44.96 ACRES 144.21 LT i
(43.45' L7 C1 f
/ 287.23.92
143.49' LT
PROPOSED R.O.K. LINE
( L+ewes s 35.02';35' W
144.43,
PROP°
EXISTING R.0 M
U.S. HIGHWAY 79
290.00 ,p9 nrL
XIS LNG R.O.W. LIN 290
00
42.04' RT
MISSOURI PACIFIC RAILROAD
0
iv
(.1
SLf,_D NL
SURV
STATION
(R.0.W.)
292.70.23
42.59' RT
OAS. LINE
EXISTING R.O.M. LUNE
NOTES:
1. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. CENTRAL ZONE, NAD 83(93).
2. VOLUMES AND PAGES SHOWN HEREON REFER TO THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
UNLESS DESIGNATED BY D.R.W.C.TX. (DEED RECORDS OF WILLIAMSON COUNTY, TEXAS).
3. IMPROVEMENTS SHOWN HEREON ARE BASED UPON AN ON THE GROUND SURVEY BY SAM. INC. THERE MAY BE
ADDITIONAL UNDERGROUND OR OTHER UTILITIES NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE C
AND THAT THS PLAT }5} TRUE AND CORRECT TO THE BEST
ROBERT J OY I1 _�
REGISTERED PRFESSIONLAND SURVEYOR
NO. 5159. STATE OF TEXAS
DIRECTION AND SUPERVISION
AND BELIEF.
/C01k.Creq'...o`ER<ts•.meq
ROBERT .1 RQY
9Q 5163�2
1
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SA
hdll4029 Capital of Texas Highway. So.
&odlo Oaks Prolaaalonal Plaza, Surto 125
INC Auslln, Texas 78704
(512) 447-0576
Fax'. (512) 326-3029
SURVEYING AND MAPPING INC
900/600
HU £LID 4-4-€ •ss0.10 V saaaTIS
PAGE 3 OF 3
REF. FIELD NOTE NO. 13410
OF WAY SKETCH
WING PROPERTY OF
TEXAS RAINBOW COMPANY
CSJ NO. 0204-01-050
9868 SN ZT22. LS:CT 66/TZ/60
DATE: September 17, 1999
SUBJECT: City Council Meeting — September 23, 1999
ITEM: 9.C.5. Consider an ordinance determining the public necessity for acquiring fee
simple title to certain property for the widening and improvement of U.S.
Highway 79, and authorizing the City Attorney to initiate eminent domain
proceedings to acquire the needed property, such property being described as
a tract or parcel of land containing 1.785 acres (approximately 77, 754.6
square feet) situated in the Joseph Marshall Survey, Abstract No. 409, in
Williamson County, Texas, currently owned by Texas Rainbow Company.
Staff Resource Person: Jim Nuse, Public Works Director.