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G-94-06-09-8L - 6/9/1994ORDINANCE NO. 0- "g L -go-Cil? - 8L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE FEE SIMPLE TITLE AND A TEMPORARY CONSTRUCTION EASEMENT TO CERTAIN DESCRIBED PROPERTY, OWNED BY ALBORZ CORPORATION AND AUSTIN CUSTOM HOMEBUILDERS JOINT VENTURE, FOR RIGHT-OF-WAY PURPOSES FOR THE GATTIS SCHOOL ROAD PROJECT, 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 widening and improvement of Gattis School Road; and WHEREAS, an independent professional appraisal report of the subject property has been submitted to the City, and the City Council has accordingly established and approved a certain amount determined to be just compensation for that parcel more fully descibed below, including compensation for a temporary construction easement; and WHEREAS, an offer based upon the amount determined to be just compensation has been transmitted to the owners of the property described herein, and the owners have been unable to agree with the City of Round Rock upon the property's fair cash value and further negotiations for settlement and impossible; and WHEREAS, condemnation has become necessary in acquire the unencumbered fee simple title and a construction easement; Now Therefore have become KS\ORDINANCE 0R06094L market futile order to temporary 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, including the temporary construction easement in the amount of $1,985.00, 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 and a temporary construction easement to the property described below, for right-of-way purposes for the Gattis School Road Project 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 Attorneys are hereby authorized and directed to institute proceedings in eminent domain against Alborz Corporation and Austin Custom Homebuilders Joint Venture, owners 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: 0.216 acres, more or less, situated in the Asa Thomas Survey, Abstract No. 609, in Williamson County, Texas, said tract and said temporary construction easement being more fully described in Exhibit "A" attached hereto and incorporated herein. 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. th READ, PASSED, and ADOPTED on first reading this %V day of 7i"" ' �J , 1994. Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. 3. ATTEST: / o(6 e -r A. 5TGU eA,.1',e . AAvrt:oJ E LAND, City Secretary , Ma Pkb- 76/?'1 City of Round Rock, T xas 4. EXHIBIT A DESCRIPTION FOR A 0.216 -ACRE (9,409 -SQUARE -FOOT) TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALSO A PORTION OF A 68.293 -ACRE (REMNANT OF 116.535 -ACRE) TRACT OF LAND CONVEYED TO REMINGTON FEDERAL SAVINGS, BY INSTRUMENT RECORDED IN VOLUME 1725 PAGE 743 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.216 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on the point of intersection of the existing south right-of-way line of Gattis School Road (variable right-of-way width), with the existing east right-of-way line of County Road No. 169 (variable right-of-way width), said point being also the southwest corner of a 0.95 -acre tract of land dedicated as right-of-way by instrument recorded in Volume 1151 Page 849 of said Official Records, being also a northwesterly corner of said 68.293 -acre tract for the northwest corner and POINT OF BEGINNING hereof; THENCE with the south right-of-way line of Gattis School Road, same being the north boundary line of said 68.293 -acre tract of land, same being the south boundary line of said 0.95 -acre tract of land, N89°51'55"E for a distance of 337.29 feet to an iron rod found on a point of curvature of a curve to the left; THENCE continuing with the existing south right-of-way line of Gattis School Road, same being the south boundary line of said 0.95 -acre tract of land, same being the north boundary line of said 68.293 -acre tract of land, with the arc of said curve to the left, having a radius of 5013.96 feet, an interior angle of 04°35'43", an arc length of 402.12 feet and a chord which bears N87°34'05"E for a distance of 402.01 feet to an iron rod set on a point of tangency; THENCE continuing with the existing south right-of-way line of Gattis School Road, same being the north boundary line of said 68.293 -acre tract of land, same being the south boundary line of said 0.95 -acre tract of land, N85°16'25"E for a distance of 142.45 feet to an iron rod set on a point in the west boundary line of M.K.T. Railroad right-of-way, same being the southeast corner of said 0.95 -acre tract of land, the northeast corner of said 68.293 -acre tract of land and the northeast corner hereof; THENCE with the east boundary line of said 68.293 -acre tract of land, same being the west boundary line of said M.K.T. Railroad right-of-way, S22°41'05"E for a distance of 10.51 feet to an iron rod set on the southeast corner hereof; THENCE departing said M.K.T. Railroad right-of-way, through the interior of said 68.293 -acre tract of land, the following courses and distances numbered 1 and 2: 1. S85°15'25"W for a distance of 347.39 feet to an iron rod set on an angle point in the south boundary line hereof; 2. S89°51'55"W for a distance of 544.39 feet to an iron rod set on a point in the east right-of-way line of County Road No. 169, same being the west boundary line of said 68.293 -acre tract of land for the west corner hereof, and from which, an iron rod found on an angle point in the east right-of-way line of County Road No. 169, same being an angle point in the west boundary line of said 68.293 -acre tract bears S29°20'30"W a distance of 68.43 feet; 4 • EXHIBIT 1 0.216 Acre Page 2 THENCE with the east right-of-way line of County Road No. 169, same being the west boundary line of said 68.293 -acre tract of land, N29°20'30"E for a distance of 11.49 feet to the POINT OF BEGINNING and containing 0.216 acre of land. Note: See sketch to accompany this description for bearing basis. Surveyed unrer the direct supervision of the undersigned: • Cecil Ja' .n isho m Date4440, Registe . Professional Land Surveyor No. 4295 / Z 2. 3-q3 CJC:ek Job No. 601-020-10 Date: December 22, 1993 SKETCH TO ACCOMPANY DESCRIPTION WARRANTY DEED 1579\473 ©aC .18Z (NEVEM UME) S29'20'30"W 68.43' N29"20'30" E 1 1 .49' 20' WIDE CONSTRUCTION EASEMENT REMINGTON FEDERAL SAVINGS VOL. 1725 PG. 743 68.293AC. (REMNANT OF 116.535 ACRES) 0.216 ACRE (9,409 SQ. FT.) TEMPORARY 50'X100' CONSTRUCTION EASEMENT Ste` Z�— Z SCALE: 1" = 100' EXHIBIT "A" LEOEND P.O.B. = POINT OF BEGINNING • = IRON ROD FOUND O = IRON ROD SET PROJECT BEARING BASIS PT.AOTO PT.OB 03%.7(1 Al 'Q'N ROU NE' ROCK .i, V. CUSTOM HOMES 1084/129 13.729 AC:. (S318dh FRANK i CHF:ELLE THQHP..0Nry 1073.2 84 10.8 Q,(;. — /l CURVE DATA R-5,013.96' CH-N8734'05"E 402.01' L=402.12' 52241'05" E 10.51' As Prepa T:y: Cecil Jac n Chisholm, R.P.L.S. #4295 9111 Jollyville Road, Suite 107 Austin, TX 78759 Date X2 .23 . 9 3 DEC .20,1903 JOB No.: 601-020-10 Fur: GATBS.CRD REM.DWO BY: SHAFER 15\ Baker-Alcklen & Associates, Inc. Consulting Enyin•ors DATE: June 7, 1994 SUBJECT: City Council Meeting, June 9, 1994 ITEM: 8.L. Consider an ordinance authorizing condemnation of 0.216 acres of land located in the Asa Thomas Survey, Abstract 609, Williamson County, Texas, currently owned by the Alborz Corporation and Austin Custom Homebuilders, Joint Venture. (First Reading) STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: State law requires the City to strictly adhere to all legal requirements pertaining to condemnations. The City must pass an ordinance declaring that public necessity and convenience require the condemnation of the property described in the Ordinance and authorizing the City Attorney to institute condemnation proceedings.