G-94-06-09-8H - 6/9/1994ORDINANCE NO. 0 -q 4-06 -09- g N
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 IRA AND CAROLYN HOUSTON, 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
and impossible; and
WHEREAS
, condemnation
has
become
necessary in
acquire the unencumbered fee simple title and a
construction easement; Now Therefore
KS\ORDINANCE
0R06094H
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 $1,363.00, 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 Ira and Carolyn
Houston, 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:
0.130 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.
READ, PASSED, and ADOPTED on first reading this / — day
of ' , 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.
IlOI€T ) ae,•
ATTEST:
E LAND, City Secretary
4.
, May Peo-ran of Round Rock, T as
f
1
Exhibit A
DESCRIPTION
OF A 0.130 -ACRE (5,647 SQUARE FOOT) TRACT OF LAND
SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609,
IN WILLIAMSON COUNTY, TEXAS, BEING ALSO A PORTION OF A
5.31 -ACRE TRACT OF LAND CONVEYED TO IRA H. HOUSTON AND
WIFE CAROLYN I. HOUSTON, BY INSTRUMENT RECORDED IN
VOLUME 743 PAGE 647 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.130 -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 south
right-of-way line of Gattis School Road (40.00 -foot right-of-way width), said
point being the northwest corner of a tract of land conveyed to Richard
Hartford by instrument recorded in Volume 1666 Page 775 of the Official
Records of Williamson County, Texas, said point being also the northeast
corner of said 5.31 -acre tract, for the northeast corner and POINT OF
BEGINNING hereof, and from which, an iron rod found on the existing south
right-of-way line of Gattis School Road bears N89°47'28"E a distance of 680.00
feet (depicted as Pt. A on the sketch to accompany this description),
additionally an iron rod found on a point in the existing south right-of-way
line of Gattis School Road bears N89°47'28"E a distance of 680.00 feet and
N89°27'55"E a distance of 1694.12 feet (depicted as Pt. B on the sketch to
accompany this description);
THENCE departing the existing south right-of-way line of Gattis
School Road with the west boundary line of said Richard Hartford tract of
land, same being the east boundary line of said Ira Houston & wife Carolyn
Houston tract of land, S16°55'30"E for a distance of 6.56 feet to an iron rod
set on the southeast corner hereof;
THENCE departing said common boundary line through the interior of
said Ira Houston and wife Carolyn Houston tract of land S86°12'46"W for a
distance of 331.75 feet to an iron rod set on a point in the east boundary
line of the M.K. & T. Railroad right-of-way, same being the west boundary line
of said Ira Houston & wife Carolyn Houston tract of land, for the southwest
corner hereof;
THENCE with the east right-of-way line of the M.K. & T. Railroad,
same being the west boundary line of said Ira Houston & wife Carolyn Houston
tract N21 59'32"W for a distance of 29.06 feet to an iron rod set on a point
being in the south right-of-way line of Gattis School Road, said point being
the northwest corner of said Ira Houston & wife Carolyn Houston tract for the
northwest corner hereof;
THENCE with the north boundary line of said Ira Houston & wife
Carolyn Houston tract of land, same being the south right-of-way line of
Gattis School Road, N89°47'28"E for a distance of 340.00 feet to the POINT OF
BEGINNING hereof and containing 0.130 acre (5,647 square feet) of land.
Surveyed unde the direct supervision of the undersigned:
• •
Cecil Jackson ihisholm Date
Registered Pi essional Land Surveyor No. 4295
//•/1 - f3
Note: See sketch to accompany this description for bearing basis:,',
CJC:ek
Job No. 601-020-10
Date: November 18, 1993
EXHIBIT
�Id
SKETCH TO ACCOMPANY DESCRIPTION
- z
SCALE: 1" = 60'
N2� 6 2,9.°6
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
IRA
HOUSTON
&' WIFE
CAROL YN
HOUSTON
743/647
5.31 AC.
LOT 1
L UEDTKE'S
WESTVIEW 0.130 ACRE
(UNRECORDED) (5,647 SQ. PC)
co
co
1J
w
0
0
OA
P.O. B.
N89'47.26' E
680.00'
T.OA
N89'27'55" E
1694.12'
As Prepare
Cecil JocksChisholm R.P.L.S. #4295
9111 Jollyvl, Rood, Suite 107
Austin, TX 78759
Dote
ii�/p• 93
EXHIBIT "A"
LEGEND
P.0.8. = POINT OF BEGINNING
• = IRON ROD FOUND
O = IRON ROD SET
= PROJECT BEARING BASIS
PT.OTO PT.
NOV.17.1993
JOB No.: 601-020-10
File: GATTIS.CRD LDK1.DWG
BY: SHAFER
Baker-Alcklen
& Associates, Inc.
Consulting Engin..rs
DATE: June 7, 1994
SUBJECT: City Council Meeting, June 9, 1994
ITEM: B.H. Consider an ordinance authorizing condemnation of 0.130 acres of land
located in the Asa Thomas Survey, Abstract 609, Williamson County, Texas,
currently owned by Ira and Carolyn Houston. (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.