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G-94-06-09-8K - 6/9/1994ORDINANCE NO. - `1 `t - O o -D9 K. 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 J. LAWRENCE BERKMAN, 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 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 and a temporary construction easement; Now Therefore KS\ORDINANCE 0R06094K 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 $18,154.00, 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 J. Lawrence Berkman, 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 temporary construction easement, in and to the following 2. described property laying and being situated in the City of Round Rock, Williamson County, Texas, to -wit: 0.914 acres, more or less, and 0.948 acres, more or less, situated in the Samuel Jenkins Survey, Abstract No. 347, in Williamson County, Texas, said tracts 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. day READ, PASSED, and ADOPTED on first reading this of ULJ 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. R©e er A-.sriJuL?)J . ATTEST: fl/ E LAND, City Secretary City of Round Rock, as 4. Exhibit A Tract 1 DESCRIPTION OF A 0.914 -ACRE (39,797 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 315.43 -ACRE TRACT OF LAND CONVEYED TO J. LAWRENCE BERKMAN BY INSTRUMENT RECORDED IN VOLUME 465 PAGE 308 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.914 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod found on a point in the existing north right-of-way line of Gattis School Road (approximately 40.00 foot right-of-way width), same being the southeast corner of a 135.7535 -acre tract of land conveyed to Jeff Rusk and Susan Rusk by instrument recorded in Volume 2097 Page 187 of the Official Records of Williamson County, Texas, said point being also the southwest corner of the above referenced 315.43 -acre tract of land, for the southwest corner and POINT OF BEGINNING hereof; THENCE departing the existing north right-of-way line of Gattis School Road, with the east boundary line of said 135.7535 -acre tract of land, same being the west boundary line of said 315.43 -acre tract of land, N01°42'34"W for a distance of 41.09 feet to an iron rod set on the northwest corner of the herein described tract of land, and from which, an iron rod found bears N01°42'34"W a distance of 1380.11 feet; THENCE departing said common boundary line, through the interior of said 315.43 -acre tract of land the following courses and distances numbered 1 through 7: 1. N89°27'55•"E for a distance of 272.94 feet to an iron rod set on an angle point; 2. N85°52'40"E for a distance of 307.86 feet to an iron rod set on an angle point; 3. N69°36'41"E for a distance of 100.02 feet to an iron rod set on an angle point; 4. N78°16'48"E for a distance of 146.37 feet to an iron rod set on an angle point; 5. N86°56'34"E for a distance of 100.27 feet to an iron rod set on an angle point; 6. N74°37'18"E for a distance of 326.43 feet to an iron rod set on an angle point; 7. N76°43'11"E for a distance of 211.95 feet to an iron rod set on a point in the existing north right-of-way line of Gattis School Road, same being the south boundary line of said 315.43 -acre tract of land, for the east corner hereof; THENCE with the south boundary line of said 315.43 -acre tract of land, same being the existing north right-of-way line of Gattis School Road, same being the limits of public maintenance, generally with fence, the follcuir� c_.. __ 3nd distarces numbered 1 throug11 2: 1. S74°15'15"W for a distance of 543.31 feet to an iron rod set on an angle point; 2. S75°08'34"W for a distance of 455.33 feet to an iron rod set on an angle point; EXHIBIT 0.914 Acre Page 2 3. S89°11'08"W for a distance of 474.00 feet to the POINT OF BEGINNING hereof and containing 0.914 acre of land. Surveyed un Cecil Jack Registered e direct supervision *of the �undersigned. *4,4- isholm ofe sional Land Surveyor No. 4295 Date it -23-93 Note: See sketch to accompany this description for bearing basis. CJC:ek Job No. 601-020-10 Date: November 23, 1993 SKETCH TO ACCOMPANY DESCRIPTION P.O.B. IEEET NO1'42'34"W °a!1SAN'RUSK 41 .09' ::..i.'; q:; 21.854 u. i.. S89'11'08" W 474.00 05AC N89'27'55" E 272.94' NO1'42'34"W 1380.11' TEMPORARY 20' WIDE CONSTRUCTION EASEMENT N85'52'40" E 307.86' 1 I• N69'36'41"E � �� 100.02' 1 L• I �� 1 S75'08'34"W N78'16'48"E 455.33' �� , 146.37' 1 iNi:. li; 727 AC. EXHIBIT "A" LEGEND P.O.B. = POINT OF BEGINNING • = IRON ROD FOUND = IRON ROD SET PT. AOTO PT. 374'15'15"W 543.31' �= PROJECT BEARING BASIS (NO1'42'34 W 1421.20') NOV.25.1993 JOB No.: 601-020-10 File: GATTIS.CRD BERK1. DWG BY JLC kAA U t: 11.1 N86'56'34"E 100.27' PT. OB Z SCALE: 1"= 200' TRACT 1 0.914 AC. (39,797 SQ, FT.) N74'37'18" E 326.43' 1 N76'43'11" E 211.95' As Prepay Cecil JacChisholm, R.P. L.S. #4295 91 1 1 Joll " e Road, Suite 107 Austin, TX 78759 Dote 1i-2�- 9 3 J. LA WRENCE BERKMAN 76.5 AC. (315.43 AC.) VOL.465 PG.308 Baker-Aicklen & Associates, Inc. Consulting Engineers Exhibit A Tract 2 DESCRIPTION OF A 0.948 -ACRE (41,284 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 315.43 -ACRE TRACT OF LAND CONVEYED TO J. LAWRENCE BERKMAN BY INSTRUMENT RECORDED IN VOLUME 465 PAGE 308 OF THE DEED RECORDS OF SAID COUNTY, SAID 0.948 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on the point of intersection of the existing north right-of-way line of Gattis School Road (approximately 40.00 foot right-of-way width), with the west right-of-way line of County Road No. 122 (variable right-of-way width, being approximately 58 feet in width at this point), said point being the southeast corner of the above referenced 315.43 - acre tract of land, same being the southeast corner and POINT OF BEGINNING hereof; THENCE with the south boundary line of said 315.43 -acre tract of land, same being the existing north right-of-way line of Gattis School Road, same being the limits of visible public maintenance, generally with fence, the following courses and distances numbered 1 and 2: 1. N88°52'39"W for a distance of 304.41 feet to an iron rod set; 2. N79°19'53"W for a distance of 773.55 feet to an iron rod set on the west corner hereof and from which, a 15 inch diameter hackberry tree bears N79°19'53"W a distance of 303.23 feet and S83°09'56"E a distance of 25.00 feet; THENCE departing the existing north right-of-way line of Gattis School Road, through the interior of said 315.43 -acre tract, the following courses and distances numbered 1 through 7: 1. S86°06'05"E for a distance of 243.27 feet to an iron rod set on an angle point; 2. S79°48'55"E for a distance of 338.36 feet to an iron rod set on an angle point; 3. S82°19'59"E for a distance of 216.14 feet to an iron rod set on an angle point; 4. S87°15'32"E for a distance of 206.72 feet to an iron rod set on an angle point; 5. N44°38'19"E for a distance of 56.07 feet to an iron rod set on an angle point; 6. N00°51'43"W for a distance of 310.00 feet to an iron rod set on an angle point; 7. N89°08'17"E for a distance of 24.57 feet to an iron rod set on a point in the west right-of-way line of County Road No. :22, same being the east boundary line of said 315.43 -acre tract of land, for the northeast corner hereof, and from which, an iron rod found on an angle point in the east boundary line of said 315.43 -acre tract bears, N01°18'41"W a distance of 701.60 feet; EXHIBIT ,4 .I Page 2 THENCE with the west right-of-way line of County Road No. 122, same being the east boundary line of said 315.43 -acre tract of land, S01°18'41"E for a distance of 384.41 feet to the POINT OF BEGINNING hereof and containing 0.948 acre of land. Surveyed unr the direct supervision of the undersigned. • • Cecil Jac shol� Registere ofessional Land Surveyor No. 42295e NOTE: For .earing basis, see sketch to accompany this description. CJC:ek /�• 2 3 93 November 22, 1993 Job No. SKETCH TO ACCOMPANY DESCRIPTION i R.i _r;::•isC.,P ,::._::,1`: 3.‘„)1!i AC ^or. .ra HIGH COUNTRY BLVD, up„u ^n: q,; io.. n::yc I. n❑ c,. cI.li ,.....'iiii`. 7i:'ii N79' 1 9'53” W 773.55' VGL.232:i 'r u. ii i5 DEED :..:i:c•a•„ S OF r RED BUD LANE (C.R.122) N88'52'39" W 304.41' P.O.B. PT.® GYM 100H3S SIIIV9 I �/ J / i 338. S79'4836' i id '55" E � ,dr r 1471 1 111 •� • SCALE: 1" = 200' S83'09'56" E 25.00' 15' HACK BERRY TREE (POINT OF REFERENCE USED IN DEED 465/308) N79'19'53" W 303.23' S86'06'05" E 243.27' J. LAWRENCE BERKMAN 76.5 AC. (315.43 AC.) VOL.465 PG.308 TEMPORARY 20' WIDE CONSTRUCTION EASEMENT TRACT 2 0.948 AC. (41 ,284 SQ. FT.) S82'19'59"E 216.14' 587'15'32"E 206.72' N44'38'19"E 56.07' S89'27'38"W 859.08' r AND TEP . LOT .J S01'18'41"E 384.41' .. .. 2-12 1,L I:i :.I:':'.S;> ... .,:'J.;•r,:� u,l.11 ES T [. TES As Prepare Cecil Jocks 'Chisholm, R.P.L.S. #4295 9111 Jollyville Road. Suite 107 Austin, TX 78759 Dote e' %2$3 EXHIBIT "A" LEGEND P.O.B. = POINT OF BEGINNING • = IRON ROD FOUND o = IRON ROD SET PT.OTO PT.80= PROJECT BEARING BASIS (N01'18'11'W 1086.01') NOV.23,1993 JOB No.: 601-020-10 File: GATTIS.CRO BERK2.DWG BY: SHAFER n Baker-Alcklen & Assoclat.s, Inc. Consulting Engineers DATE: June 7, 1994 SUBJECT: City Council Meeting, June 9, 1994 ITEM: 8.K. Consider an ordinance authorizing condemnation of 0.914 acres of land and 0.948 acres of land located in the Samuel Jenkins Survey, Abstract 347, Williamson County, Texas, currently owned by J. Lawrence Berkman. (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.