G-99-09-23-9C4 - 9/23/1999ORDINANCE NO. 6- qq - 09-423-9C Li
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
CONSTRUCT A PUBLIC ROAD, AND ORDERING THE
CONDEMNATION OF SAID PROPERTY TO PROCEED; PROVIDING
A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock has a
need to acquire the right-of-way necessary for the construction of
a public road; and
WHEREAS, an independent professional appraisal report of the
subject property has been submitted to the City, and the City
Attorney has accordingly transmitted to the owner of the property
an official written offer of just compensation for that parcel more
fully described below; and
WHEREAS, the owner has been unable to agree with the City of
Round Rock upon the property's fair cash market value and further
negotiations for settlement have become futile and impossible; and
WHEREAS, condemnation has become necessary in order to
acquire the unencumbered fee simple title; Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
K:\WPDOCS\ORDINANC\090923C4.WPD/clb
I.
The offer by the City of Round Rock for the land described
below in the amount of $40,000.00, is hereby confirmed.
II.
It is hereby determined that the City of Round Rock has in
fact submitted an offer to the property owners for the property
described below, and the owners of that property and the City of
Round Rock have been unable to agree and cannot agree upon the
value of the land or the damages to be paid and further settlement
negotiations have become futile and impossible.
III.
Public necessity requires the acquisition of the unencumbered
fee simple title to the property described below, for right-of-way
purposes for the construction of a public road in the City of Round
Rock, Texas; and that public necessity and convenience require the
condemnation of this property in order to acquire it for such
purpose.
IV.
The City Attorney is hereby authorized and directed to
institute proceedings in eminent domain against IMRE, Inc., owner
of the property described herein, and against all other owners,
lienholders, and other holders of an interest in the property, in
order to acquire the unencumbered fee simple interest and a
2.
temporary construction easement, in and to the following described
property laying and being situated in the City of Round Rock,
Williamson County, Texas, to -wit:
0.917 acres, more or less, situated in the David Curry Survey,
Abstract No. 130, in Williamson County, Texas, being also a portion
of Lot 1 of "Oakmont Centre, Section One revised," said tract being
more fully described in Exhibit
incorporated herein.
TI A TI
attached hereto and
V.
This ordinance shall take effect immediately from and after
its passage.
VI.
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
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
3.
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 a3 W day
of 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:
E LAND, City Secretary
ROB 'T A. STLUKA, JR.f ayor
City of Round Rock, xas
4.
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PUBLIC WOWS
FIELD NOTES
BEING 0.16 ACRE OF LAND OUT OF THE WILEY HARRIS SURVEY,
ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, AND BEING
PART OF LOT 11, BLOCK 3 OF SOUTHSIDE ACRES, A SUBDIVISION
IN WILLIAMSON COUNTY, TEXAS AS RECORDED IN CABINET A,
SLIDE 323 OF THE PLAT RECORDS OF THE WILLIAMSON COUNTY,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found at the southeast comer of Southside Acres, a subdivision
in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet A,
Slide 323, Plat Records of the Williamson County, also being the southwest corner of the
8.02 acre tract deeded to HF2M, Inc. as recorded in Volume 2248 Page 875 of Official
Records of Williamson County;
THENCE, S73°55'45"W, a distance of 141.53 feet with the south line of the said Lot 11 to a
point;
THENCE, traveling the interior of the said Lot 11, N38°39'00"E, a distance of 167.90 feet
to a point in the cast line of the said Lot 11;
THENCE, S18°42'22"E, a distance of 97.07 feet with the east line of the said Lot 11, also
being the west line of the referenced 8.02 acre tract, to the Place Of Beginning, containing
0.16 acre of land more or less, subject to easements, conditions and restrictions of record, if
any.
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PROJECT HO. 17671
DATE: September 17, 1999
SUBJECT: City Council Meeting — September 23, 1999
ITEM: 9.C.4. Consider an ordinance determining the public necessity for acquiring fee
simple title to certain property for the construction of a drainage channel,
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 0.16 acres (approximately, 6,970 square feet)
situated in the Wiley Harris Survey, Abstract No. 298, in Williamson
County, Texas being also a portion of Lot 11, Block 3 of Southside Acres, a
subdivision according to the plat thereof recorded in Cabinet A, Slide 323,
Plat Records of Williamson County, Texas, currently owned by Robert Craig
Nasso. (First Reading) Staff Resource Person: Jim Nuse, Public Works
Director.