G-94-06-09-8J - 6/9/1994ORDINANCE NO. g ' � — —09— 80—
AN
cTAN 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 JEFF AND SUSAN RUSK, 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
OR06094J
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 $12,131.00, 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 Jeff and Susan
Rusk, 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:
0.062 acres, more or less, and an aggregate of 1.5670 acres,
more or less, situated in the P.A. Holder Survey, Abstract No. 297,
in Williamson County, Texas, said tracts and said temporary
construction easements 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.
READ, PASSED, and ADOPTED on first reading this / day
of C_0(1.0„) 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.
leer A. slut -41,3e
ATTEST:
ANNE LAND, City Secretary
, May r P tO- 7 m
City of Round Rock, Te s
4.
Exhibit A
DESCRIPTION
OF A 0.062 -ACRE (2,701 -SQUARE -FOOT) TRACT OF LAND
SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297
IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A
REMNANT OF A 60.8766 -ACRE TRACT OF LAND CONVEYED TO
JEFF E. RUSK AND WIFE, SUSAN RUSK BY INSTRUMENT
RECORDED IN VOLUME 2064 PAGE 380 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.062 -ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING on an iron rod set on a point in the existing north
right-of-way line of Gattis School Road (approximate 40 -foot -wide right-of-
way), said point being the southeast corner of a tract of land conveyed to the
City of Round by instrument recorded in Volume 2168 Page 573 of said Official
Records, said point being also a southwest corner of a remnant portion of the
above referenced 60.8766 -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, through the interior of said 60.8766 -acre tract of land, with the
east boundary line of said City of Round Rock tract of land, N00°36'32"W for a
distance of 35.79 feet to an iron rod set on the northwest corner hereof;
THENCE departing the east boundary line of said City of Round Rock
tract of land, through the interior of said 60.8766 -acre remnant tract,
N89°27'55"E for a distance of 74.89 feet to an iron rod set on a point in the
east boundary line of said 60.8766 -acre remnant tract, same being the west
boundary line of a 135.7535 -acre tract of land conveyed to Jeff Rusk and
Susan Rusk by instrument recorded in Volume 2097 Page 187 of said Official
Records, for the northeast corner of the herein described tract of land;
THENCE with the west boundary line of said 135.7535 -acre tract of
land, same being the east boundary line of said 60.8766 -acre -tract of land,
S00°39'47"E for a distance of 36.33 feet to an iron rod set on a point in the
existing north right-of-way line of Gattis School Road same being the
southeast corner of said 60.8766 -acre tract, same being the southwest corner
of said 135.7535 -acre tract, for the southeast corner hereof;
THENCE with the existing north right-of-way line of Gattis School
Road, same being the south boundary line of said 60.8766 -acre tract of land,
S89°52'28"W for a distance of 74.93 feet to the POINT OF BEGINNING hereof and
containing 0.062 acre of land.
Surveyed unde' the direct supervieJ____
ion of the undersigned.
41,
Cecil Jackson Ch olm Date
P,egistered,Professional Land Surveyor No. 4295 let-te-93
Note: See s 'tch to accompany this description for bearing basis information.
CJC:ek
November 17, 1993
Job No. 601-020-10
EXHIBIT
SKETCH TO ACCOMPANY DESCRIPTION
z
SCALE: 1"= 30'
PT.®
JOHNSON LN. (ABANDONED)
Z
cn
�y A cn
ur
mnN
0 > f*l
r
z
v O 00
C7
S00'32'05"E o NO0'36'32"W
44.21' —� 35.79'
P.O.B.
0.062 ACRE
(2,701 SQ. FT.)
3,$S.LZ.62N
SO0'32'05" E
43.67'
('M'0Z1 .Oti 'X02 ddV)
aVOU ]OOOHOS Man
..i TY O f:!:l!!•iii
2 i ii ,.... 7'3
N00'36'32"W 314.21
I
co
(0
U1
tJ
cc).
(0
W
3 „SS.LZ.68N
JEFF E. RUSK
AND WIFE
SUSAN RUSK
2064/380
(60.8766 AC.)
(REMNANT)
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
500'39'47 E N00'39147'W 3,381.59'
36.33'
PT.OB
VOL.•
.t.
.4ND
AN
201i1,1187
5.75:i5 .o.i:.,
'
EXHIBIT "A"
LEGEND
P.0.B. = POINT OF BEGINNING
• = IRON ROD FOUND
O = IRON ROD SET
P.U.E. = PUBLIC UTIUTY EASEMENT
D.E. = DRAINAGE EASEMENT
PT.AOTO PT.
As Prepared
Cecil Jackson Chisholm, R.P.L.S. #4295
9111 Jollyville Road, Suite 107
Austin, TX 78759
Date
= PROJECT BEARING BASIS
(N89139'38'E 2.018.96')
NOV.10.1993
JOB No.: 601-020-10
File: GATTIS.CRD RUSK1.DWG
BY: SS,DM
Baker-Alcklen
& Associates, Inc.
Consulting Engineers
Exhibit A
DESCRIPTION
OF AN AGGREGATE 1.5670 ACRES OF LAND SITUATED IN THE
P.A. HOLDER SURVEY, ABSTRACT NO. 297 IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A 135.7535 -ACRE
TRACT OF LAND AS CONVEYED TO JEFF RUSK AND SUSAN RUSK
BY INSTRUMENT RECORDED IN VOLUME 2097 PAGE 187 OF THE
OFFICIAL RECORDS OF SAID COUNTY, SAID 1.5670 ACRES
BEING IN TWO SEPARATE PARCELS HEREIN DESIGNATED "TRACT
1", BEING 1.419 ACRES AND "TRACT 2", BEING 0.148 ACRE,
SAID TRACT 1 AND TRACT 2 BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Tract 1
1.419 Acres
on n iron north
ING
d
right-of-wayBlineN of Gattis SchooloRoadund (approximai ely 40nfoot-widetinright-of-
way) being the southwest corner 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 point being also the southeast
corner of said 135.7535 -acre tract of land for the southeast corner and POINT
OF BEGINNING hereof;
THENCE with the existing north right-of-way line of Gattis School
Road, same being the south boundary line of said 135.7535 -acre tract of land,
the following courses and distances numbered 1 through 3:
1. S89°24'07"W for a distance of 595.68 feet to an iron rod
found on an angle point;
2. S89°38'39"W for a distance of 515.00 feet to an iron rod
found on an angle point;
3. S89°48'08"W for a distance of 412.73 feet to an iron rod set
on the point of intersection of the east right-of-way line
of Rusk Road (60.00 -foot right-of-way width), an agreement
to dedicate said Rusk Road being recorded in Volume 2110
Page 653 of the Official Records of Williamson County,
Texas, with the north right-of-way line of Gattis School
Road for the southwest corner hereof;
THENCE departing the north right-of-way line of Gattis School
Road, with the east right-of-way line of Rusk Road, through the interior of
said 135.7535 -acre tract of land, N00°39'47"W for a distance of 37.71 feet to
an iron rod set on the northwest corner hereof;
THENCE departing the east right-of-way line of Rusk Road through
the interior of said 135.7535 -acre tract of land N89°27'55"E for a distance of
1522.64 feet to an iron rod set on a point in the east boundary line of said
135.7535 -acre tract, same being the west boundary line of said J. Lawrence
Berkman tract of land for the northeast corner hereof;
THENCE with the west boundary line of said J. Lawrence Berkman
tract, same being the east boundary line of said 135.7535 -acre tract of land,
S01°42'34"E for a distance of 41.09 feet to the POINT OF BEGINNING hereof and
containing 1.419 acres (61,800 square feet) of land.
Tract 2
0.148 Acre
BEGINNING on an iron rod set on the point of intersection of the
existing north right-of-way line of Gattis School Road (approximate 40.00 -
foot -wide right-of-way width), with the west right-of-way line of Rusk Road
(60.00 -foot right-of-way width), an agreement to dedicate said Rusk Road being
recorded in Volume 2110 Page 653 of the Official Records of Williamson County,
Texas, said point being also in the south boundary line of the above
referenced 135.7535 -acre tract of land for the southeast corner hereof;
Page 2
THENCE with the existing north right-of-way line of Gattis School
Road, same being the south boundary line of said 135.7535 -acre tract of land,
S89°48'08"W for a distance of 174.64 feet to an iron rod set on a point being
the southwest corner of said 135.7535 -acre tract, same being the southeast
corner of a 60.8766 -acre tract of land conveyed to Jeff E. Rusk and wife,
Susan Rusk by instrument recorded in Volume 2064 Page 380 of said Official
Records, said point being the southwest corner hereof;
THENCE departing said right-of-way line, with the common boundary
line of said 135.7535 -acre tract and said 60.8766 -acre tract of land,
N00°39'47"W for a distance of 36.33 feet to an iron rod set on the northwest
corner hereof;
THENCE departing said common boundary line, through the interior
of said 135.7535 -acre tract of land, N89°27'55"E for a distance of 174.63 feet
to an iron rod set on a point in the west right-of-way line of said Rusk Road
for the northeast corner hereof;
THENCE continuing through the interior of said 135.7535 -acre tract
of land, with the west right-of-way line of said Rusk Road, S00°39'47"E for a
distance of 37.35 feet to the POINT OF BEGINNING hereof and containing 0.148
acre (6433 square feet) of land.
Surveyed under th• direct supervision of the undersigned:
Cecil Jackso •olm Date
Registered P .essional Land Surveyor No. 4295
*1P-93
NOTE: See sketch to accompany this description for bearing basis.
CJC:ek
Job No. 601-020-10
Date: November 18, 1993
-13
SKETCH TO ACCOMPANY DESCRIPTION
PT.®
TRACT 2 S89'60.955'520'6 " W
0.148 ACRE
(6,433 SQ. FT.)
S89' 48'08" W
174.64'
WEST VOEW
DROVE
S89'48'08" W
412.73'
S89'38'39" W
515.00'
P.O. B.
NO0'39'47" W SCALE:
36.33' jEFT RUSI":
F., 'AVE
78 .Ac.)
N89'27'55" E
174.63
15' P.U.E.
(1347/608)
SO0'39'47" E
37.35'
-•-• NO0'39'47' W 762.65'
RUSK ROAD (JOHNSON LANE)
60' RO.W. (2110/653)
2TMss.-- Z
1"= 100'
JEFF RUSK
& WIFE
SUSAN RUSK
2097/187
(135.7535 Ac.)
F
N00•39'47"W
37.71'
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
( TRACT 18c)
TRACT 2 )
L 15P.U.E.
(1347/608)
wAP:REN
S89'24'07" W
595.68'
r•,.; :.;! !;:.,;
521/25,3
PT.®
P.O. B.
JE'F'F' RUSK
& WIFE
SUSAN RUSK
2097/187
(135.7535 Ac.)
N89'27'55" E
1,522.64'
TRACT 1
1.419 ACRES
(61,800 SQ. FT.)
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
SO1'42'34" E
41.09'
As Prepare y. -.. .. ,...
Cecil Jack Chisholm, R.P.L.S. #4295
9111 Jolly Rood. Suite 107
Austin, TX 78759 -. , „., • .
----:.„,„7: ,
Date//,p9
EXHIBIT "A"
LEGEND
P.O.B. = POINT 01 BLG.INNIO4L,
• = IRON ROD FOUND
ie IRON ROD SET
P.U.E. = PUBUC UTILITY EASEMENT
D.E. = DRAINAGE EASEMENT
PT. OTO s.(J= PROJECT BEARING BASIS
(58739'38-W 2,018.96')
NOV.15,1993
JOB No.: 601-020-10
File: RUSK2.DWG
BY: SS,D1.1
Baker-Alcklen
& Associates, Inc.
Consulting Engineers
DATE: June 7, 1994
SUBJECT: City Council Meeting, June 9, 1994
ITEM: 8.J. Consider an ordinance authorizing condemnation of 0.062 acres of land and
1.419 acres of land located in the P. A. Holder Survey, Abstract 297,
Williamson County, Texas, currently owned by Jeff and Susan Rusk. (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.