G-95-07-27-10C - 7/27/1995ORDINANCE NO. G--- 01-_/--.)-0q-67- � 1 D C ,
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:
I.
The offer by the City of Round Rock for the land described
below in the amount of $40,000.00, is hereby confirmed.
1.
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
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.
2.
TIAII
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.
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 , 1995.
Alternative 2.
READ and APPROVED on first reading this the ' ' day of
, 1995.
READ, APPROVED and
ADOPTED on second reading this the
th-day of - \K .1., , 1995.
ATTEST:
KS\ORDINANCE
0R50713I
(,/
CHARLES CULL PPER, Mayor
City of Round Rock, Texas
3.
EXHIBIT A
DESCRIPTION
FOR A 0.917 -ACRE (39,946 SQUARE -FOOT) TRACT OF LAND
SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130
WILLIAMSON COUNTY, TEXAS, BEING ALSO A PORTION OF LOT
1 OF "OAKMONT CENTRE, SECTION ONE REVISED", A
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT CABINET F SLIDES 129 THROUGH 133 OF THE PLAT
RECORDS OF SAID COUNTY, SAID 0.917 -ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING on an iron rod found on a point in the easterly boundary
line of a 110.1745 -acre tract of land as conveyed to Jack H. Holt , by
instrument recorded in Volume 2306 Page 703 of the Official Records of said
County, said point being the southwesterly corner of Lot 2 of said
Subdivision, said point being also the northwesterly corner of said Lot 1 and
POINT OF BEGINNING hereof;
THENCE departing the easterly boundary line of said 110.1745 -acre
tract of land, with the southerly boundary line of said Lot 2, same being the
northerly boundary line said Lot 1, N71 14'16"E (bearing is project bearing
basis for this description, actual recorded plat bearing for this boundary
line is N71°00"E) for a distance of 66.1.29 feet to an "X" mark found in
concrete on a point in the curving westerly right-of-way line of Cypress Blvd.
(80.00 foot right-of-way width), said point being also the common most
easterly corner of said Lot 1 and said Lot 2, said point being the northeast
corner the herein described tract of tract of land, and from which a "PK" nail
found on a point of tangency bears N21°28'17"W a chord distance of 39.64 feet;
THENCE with westerly right-of-way line of Cypress Blvd., same
being the northeasterly boundary line of said Lot 1, with the arc of a curve
to the left, having a radius of 440.00 feet, an interior angle of 09°54'22",
an arc length of 76.07 feet, and a chord which bears S28°53'46"E for a
distance of 75.98 feet to a point being the most easterly corner hereof;
THENCE departing said right-of-way line, through the interior of
said Lot 1 with the arc of a curve to the left, having a radius of 20.00 feet,
an interigr angle of 74°54'47", an arc length of 26.15 feet, and a chord which
bears N71 18'20"W for a distance of 24.33 feet to a point of tangency;
THENCE continuing through interior of said Lot 1, same being 60,00
feet (perpendicular measurement) southerly of and parallel with the northerly
boundary line of said Lot 1, S71°14'16"W for a distance of 654,60 feet to a
point in the westerly boundary line of said Lot 1, same being the easterly
boundary line of said 110.1745 -acre tr4ct of land, said point being the most
southerly corner hereof;
Page 2
0.917 acre
THENCE with the westerly boundary line of said Lot 1, same being
the easterly boundary line of said 110.1745 -acre tract of land, N19°29'049W
for a distance of 60.00 feet to the POINT OF BEGINNING hereof and containing
0.917 acre (39,946 square feet) of land.
Surveyed der the direct supervision of the undersigned:
diu;
Cecil Ja oh Chisholm
Registe'-,.Pfofessional Land Surveyor No. 4295
Baker -Ai len & Associates, Inc.
9111 Jol[y_vflle Rd. Ste. 107
Austin, :Teas 78759
Ph. (512) 346-6980
Date
FNS: BG
JOB NO.: 750-001-11
DATE: April 12, 1995
413 9s
SKETCH TO ACCOMPANY DESCRIPTION
FOR A 0.917 AC. TRACT OF LAND BEING A
PORTION OF LOT 1, OAKMONT CENTRE SECTION
ONE, REVISED, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET F, SLIDE 129-130 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS.
1-=100'
LEGEND
• = IRON ROD FOUND
A = PK NAIL FOUND
X = "X" IN CONC. FOUND
P.0.8. = POINT OF BEGINNING
P.U.E. = PUBLIC UTILITY EASEMENT
( ) = RECORD INFORMATION.
OAKMONT CENTRE
SECTION ONE, REVISED
CAB. F, SL. 129
N LOT 2
N
r
• . 1' .
.. •
�,-)
• -
r- <,,k)
C• 11E TO PK NAIL FOUND:
N2178'17'W 39.64'
(S21'35'45"E 39.86')
\NO 6 X11.
• CURVE REPORT
15 pvE
-m=o==s=�=-
NO. RADIUS DELTA
c-1
C-2
C-3
440.00'
20.00'
440.00'
09'54'22"
74'54'47"
42'59'34"
LENGTH CHORD BEARING
LOT 1
76.07' 75.98' S28'53'46"E
26.15' 24.33' N7118'20"W
330.16' 322.47' 545'26'22"E
(322.10') (S45'39'45"E)
C-2
T.P.&L. EASEMENT & R.O.W.
VOL. 299 PG. 402
(PLOTTED AS SHOWN ON
PLAT, CAB. F, SL_ 130)
As Prepa rd By:
Cecil Jac son Chisholm, R.P.L.S. #4295
9111 Jollyville Road, Suite 107
Austin, TX 78759
Ph. (512) 346--6980
• INDICATES PUBLIC U11UTY EASEMENTS
SHOWN ON PLAT, CAB. F. SL. 1
�f (21e,4
':iCn iA CHl; i�1LN
• .1� • /536
•
JOB No.: 750-001-11
File: OMT.DWG, MKM.CRD
BY: SS & BO
41\
Bake r-Alcklen
& Associates, Inc.
Consufting Engineers
DATE: July 25, 1995
SUBJECT: City Council Meeting - July 27, 1995
ITEM: 10.C. Consider an ordinance determining the public
necessity for acquiring fee simple title to certain
property for the construction of a public roadway,
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 0.917
acres (39,946 square feet) situated in the David
Curry Survey, Abstract No. 130 Williamson
County, Texas, being also a portion of Lot 1 of
"Oakmont Centre, Section One Revised," a
subdivision according to the plat thereof recorded
in Plat Cabinet F Slides 129 through 133 of the plat
records of said county. (Cypress Semiconductor)
(Second Reading)
STAFF RESOURCE PERSON: Steve Sheets
STAFF RECOMMENDATION:
The City of Round Rock has been attempting to purchase right-of-way
for a public road necessary due to the Cypress Semiconductor
expansion in Oakmont Centre. Negotiations with the owner of the
subject property have not been productive, and the owner and the City
of Round Rock have not been able to agree regarding the fair market
value of the property necessary for the public road. The offers made by
the City of Round Rock have been rejected by the owner, and further
negotiations are futile. The passage of this ordinance is a necessary step
in initiating eminent domain proceedings to acquire the property for
right-of-way.
Staff recommends approval.