G-94-06-09-8G - 6/9/1994ORDINANCE NO. 0 ' q q - Olo - 09 - 8 G-
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 ROUND ROCK TEXAS INVESTMENTS,
INC., 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
ORO6094G
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 $9,991.00, 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 Round Rock Texas
Investment, Inc., 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
2.
the following described property laying and being situated in the
City of Round Rock, Williamson County, Texas, to -wit:
0.129 acres in Lot 1, Block A, 0.129 acres in Lot 2, Block A,
0.180 acres in Lot 3, Block A and 0.019 acres in Lot 1, Block B,
Interchange Business Park, Section One, said tracts and said
temporary construction easements 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 �' l , 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:
h'o6r,2r a. 5rwwq,Je.
iMeJA/nOLI
E LAND, City Secretary
A
, May
City of Round Rock, Te
4.
I Pec -TEM
s
DESCRIPTION
OF A 0.129 -ACRE (5633 SQUARE FOOT) TRACT OF LAND BEING A
PORTION OF LOT 1, BLOCK A, OF "(REVISED) INTERCHANGE
BUSINESS PARK SECTION ONE", A SUBDIVISION ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT CABINET J SLIDE 24 & 25 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.129 -ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING FOR REFERENCE on a point in the south right-of-way line
of Gattis School Road (approximately 40.00 -foot -wide right-of-way at this
point), being the northwest corner of said Lot 1, same being the northeast
corner of a tract of land conveyed to V. L. Jakub, and wife Janeth M. Jakub by
instrument recorded in Volume 844 Page 912 of the Deed Records of Williamson
County, Texas, thence with the east boundary line of said Jakub tract of land,
same being the west boundary line of said Lot 1, S19°17'26"E a distance of
21.16 feet to an iron rod set on the northwest corner and POINT OF BEGINNING
hereof;
THENCE departing the east boundary line of said Jakub tract, with
the south right-of-way line of Gattis School Road as dedicated by the above
referenced subdivision plat, N89°47'19"E for a distance of 277.07 feet to an
iron rod set on the east boundary line of said Lot 1, same being the west
boundary line of Lot 2, Block A of said subdivision for the northeast corner
hereof;
THENCE departing the south right-of-way line of Gattis School Road
with the east boundary line of said Lot 1, same being the west boundary line
of said Lot 2, S09°30'49"E for a distance of 20.68 feet to an iron rod set on
the southeast corner of the herein described tract of land;
THENCE
the east boundary lineofdeparting the west line boundary
sa dLot1, throughf said eLot �1,
S89°45'52"W for a distance 273.31 to an iron rod set on a point in the east
boundary line of said Jakub tract of land, same being the west boundary line
of said Lot 1 for the southwest corner of the herein described tract of land;
THENCE N19°17'26"W for a distance of 21.72 feet to the POINT OF
BEGINNING hereof and containing 0.129 acre of land.
Surveyed__u leer the direct supervision of the undersigned:
CX
Cecil J
Registe
.4.0K.
on .hisholm Date
Professional Land Surveyor No. 4295
Ad — 2/ 9 3
Bearing Basis: Refer to sketch to accompany this description.
CJC:ek
Job No. 601-020-10
Date: October 20, 1993
PT. 10 PT R= PROJECT BEARING BASIS
SKETCH TO ACCOMPANY DESCRIPTION
Z
SCALE: 1"= 50'
Nr..) jANETH 1-1. .1A :3E3
VC...L.84 4 P0.912
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
LOT 1
(REVISED)
INTERCHANGE
BUSINESS PARK
SECTION ONE
BLOCK A
15' P•U
CAB."J" SL.24
0.129 ACRE
(5,633 SQ. F7'.)
2"
P.O.B.
EXHIBIT "A"
LEGEND
P.O.B. = POINT OF BEGINNING
• = IRON ROD FOUND
o = IRON ROD SET
P.U.E. m PUBLIC UTIUTY EASEMENT
D.E. = DRAINAGE EASEMENT
so's 3°'?E"
20.68
0
0
m
mo
LOT
CORNER,
POINT OF
REFERENCE
LOT
F-: 0 CORNER,
POINT OF
b REFERENCE
N00'14'08" W
if 1-7 39'59'
N09'30'49" W
20.27'
_(...4 z
o) co
PROPOSED
R.O.W.
-F. CY1
N. E: i3 A T iA N
(.7,
rn >e
x
Tr rn \
.., 2
---, F -6 VOi...934 PC4.:iiii)
73 2
6 g
• \ POINT 0
LL
N00'14'08"W 39.47'
N19 -17'26"W 21.16'
aVOU 1001-10S SILLV9
KEi-iP
3.45 AC.
1F.3 8 0 210
*
*/ POINT
As Prepared
Cecil Jackson isholm, R.P.L.S. #4295
9111 Jollyville oad. Suite 107
Austin, TX 78759
•••“*.:""'
Date '
1061'6;2/ 9 3
• -
OCT.15,1993
JOB No.: 601-020-10
File: GATTIS.CRD LOT1.DWG
BY: SHAFER
Baker-Alcklen
& Associates, Inc.
Consulting Engineers
DESCRIPTION
OF A 0.129 -ACRE (5,617 -SQUARE -FOOT) TRACT OF LAND
BEING A PORTION OF LOT 2, BLOCK A OF "(REVISED)
INTERCHANGE BUSINESS PARK SECTION ONE, A SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT CABINET
J SLIDE 24 & 25 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.129 -ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE on an iron rod found on a point in the
previous south right-of-way line of Gattis School Road (approximately 40.00 -
foot -wide right-of-way width), said point being the northwest corner of said
Lot 2, also the northeast corner of Lot 1, Block A, of said subdivision,
thence departing the south right-of-way line of Gattis School Road with the
common boundary line of said Lot 1 and said Lot 2, S09°30'49"E for a distance
of 20.27
Gtis
SchoolRoad eastdedicated bydthe taboveon -referenced e south �gsubdivis suht-of-way bdivision ne offoratthe
northwest corner and POINT OF BEGINNING hereof;
THENCE departing said common boundary line, through the interior
of said Lot 2, with the existing south right-of-way line of Gattis School Road
as dedicated by said subdivision plat, N89°47'19"E for a distance of 277.72
feet to an iron rod set on the east boundary line of said Lot 2, same being
the west boundary line of Lot 3, Block A of said subdivision for the northeast
corner of the herein -described tract of land, and from which, the northeast
corner of said Lot 2, same being the northwest corner of said Lot 3 bears
N00°12'41"W a distance 20.00 feet;
THENCE departing the existing right-of-way line of Gattis School
Road, with the common boundary line of said Lot 2 and said Lot 3, S00°12141"E
for a distance of 20.29 feet to an iron rod set on the southeast corner of the
herein described tract;
THENCE departing said common boundary line, through the interior
of said Lot 2, S89°45'52"W for a distance of 274.38 feet to an iron rod set on
the east boundary line of said Lot 1, same being the west boundary line of
said Lot 2 for the southwest corner of the herein described tract of land;
THENCE N09°30'49"W for a distance of 20.68 feet to the POINT OF
BEGINNING hereof and containing 0.129 acre of land.
Surveyed unir the direct supervision of the undersigned:
&tit)
Cecil Jac. . C 'sholm Date
Register ''ofessional Land Surveyor No 4295
CJC:ek
Job No.601-020-10
Date: October 28, 1993
Revised 11/18/93
1
EXHIBIT
4
•
SKETCH TO ACCOMPANY DESCRIPTION
Z
SCALE: 1" = 50'
-I-
1\1053049"v')
20.66'
15' "*E.
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
LOT 2
(REVISED)
INTERCHANGE
BUSINESS PARK
SECTION ONE
BLOCK A
CAB."J" SL.24
0.129 ACRE
(5,617 SQ. FT.)
15' P.U.E.
P.O.B.
./;
0
cj
EXHIBIT "A"
LEGENO
P.O.B. = POINT OF BEGINNING
• = IRON ROD FOUND
= IRON ROD SET
P.U.E. = PUBLIC UTIUTT EASEMENT
D.E. = D GE EASEMENT
PT. OTO PI0JECT BEARING BASIS
S00'12'41"E
20.29'
ezt4;<_, felturpt
As Prepared
Cecil Jackson
9111 Jollyville
Austin, TX 78759
oI R.P.L S. #4295
d, Suite 107
NJ
0
-u0
rn
0
P
• POINT (i)
LOT
CORNER,
POINT OF
REFERENCE
cc, Co
cri
61
co di
N00'14'08"W 39.59'
NO9'30'49" W
20.27'
GVOI 100HOS SII1V
LOT
CORNER,
POINT OF
REFERENCE
NO0'14'08" W
f 1N00 -12'41"W
20.00'
PROPOSED
R.O.W.
Date
/0 -2.520
(.71
(72 (11
P1
'POINT ®
OCT.15,1993
JOB No.: 601-020-10
GATTIS.CRO LOT2.OWG
BY: SHAFER
Baker-Alcklen
& Associates, Inc.
Consulting Engineers
DESCRIPTION
OF A 0.180 -ACRE (7,857 -SQUARE -FOOT) TRACT OF LAND
BEING A PORTION OF LOT 3, BLOCK A, "(REVISED)
INTERCHANGE BUSINESS PARK SECTION ONE", A SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT CABINET
J SLIDE 24 & 25 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.180 -ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE on an iron rod found on a point in the
previous south right-of-way line of Gattis School Road (approximately 40 -foot -
wide right-of-way width), said point being the northeast corner of Lot 2,
Block A of said subdivision, also the northwest corner of said Lot 3, thence
departing the previous right-of-way line of Gattis School Road, with the
common boundary line of said Lot 2 and said Lot 3, S00°12'41"W for a distance
of 20.29 feet to an iron rod set on a point in the existing south right-of-way
line of Gattis School Road, as dedicated by said subdivision plat, for the
northwest corner and POINT OF BEGINNING of the herein -described tract of land;
THENCE departing said common boundary line through the interior of
said Lot 3, with the existing south right-of-way line of Gattis School Road,
N89°47'19"E for a distance of 388.75 feet to an iron rod set on the point of
intersection of the west right-of-way line of City of Round Rock Loop (90.00 -
foot right-of-way width), as dedicated by the above referenced subdivision
plat, with the existing south right-of-way line of Gattis School Road, same
being a point in the east boundary line of said Lot 3 for the northeast corner
of the herein -described tract, and from which an iron rod found on the
northeast corner of said Lot 3 bears N00°12'41"W for a distance of 20.00 feet;
THENCE with the west right-of-way line of City of Round Rock Loop,
same being the east boundary line of said Lot 3, S00°12'41"E for a distance of
20.13 feet to an iron rod set on the southeast corner of the herein -described
tract of land;
THENCE departing the west right-of-way line of City of Round Rock
Loop, same being the east boundary line of said Lot 3, through the interior of
said Lot 3, S89 45'52"W for a distance of 388.75 feet to an iron rod set on a
point
the west
lineofns id Lot 2,b fordary line of the southwestaid Lot 3, same corner of the hereinthe in9describedriastboundary
ed of
land;
THENCE with the common boundary line of said Lot 2 and said Lot 3
N00°12'41"W for a distance of 20.29 feet to the POINT OF BEGINNING and
containing 0.180 acre of land.
Surveye
Cecil J
Regist
er the direct su rvision of the undersigned:
Chisholm Date
Professional Land Surveyor No. 4295
CJC:ek
Job No. 601-020-10
Date: October 28, 1993
/ 2r- ?3
EXHIBIT
SKETCH TO ACCOMPANY DESCRIPTION
•
N00.12'41"W
20.29'
15' P.U.E.
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
10'WIDEx290'LONG
ADDITIONAL PERMANENT
DRAINAGE EASEMENT
D.E.
10'
D.E.
LOT 3
(REVISED)
BUSINESS PARK
INTERCHANGE
SECTION ONE
BLOCK A
CAB."f SL.24
0.180 ACRE
(7,857 SQ. FT.)
15' P.U.E.
0
10' --H
co
(/1
LOT
CORNER,
POINT OF
REFERENCE
N00'12'41"W
20.00'
CIVOU
LOT
CORNER,
POINT OF
REFERENCE
POINT ®
— co
(c:
a) -A
co
N00.14'08"W 39.71'
2.99 AC,.
5i;• z
SCALE: 1"= 50'
EXHIBIT "A"
LEGEND
P08. = POINT OF BEGINNING
• = IRON ROD FOUND
= IRON ROD SET
P.U.E. = PUBUC UTILITY EASEMENT
D.E. = DRAINAGE EASEMENT
PT. OTO PT.®
PROJECT BEARING BASIS
DE: ,
135 .; •
N00.14.08"W;
L 1-7 39.87'
- -
S00.12'41"E o
4
20.13'
CeTY OF ROUND ROCK LOOP
N00 -12'41"W
20.00'
PROPOSED
R.O.W.
•
•
DOUBLE CREEK DR.
C. R. 168
POINT @
As Prepored By:
Cecil Jackson
91 1 1 Jollyville
Austin, TX 78
OCT.15.1993
JOB No.: 601-020-10
GATI1S.CRO LOT3.DWG
BY: SHAFER
Baker-Alcklen
& Associat.s, Inc.
Consulting Engineers
DESCRIPTION
OF A 0.019 -ACRE (807 SQUARE FOOT) TRACT OF LAND BEING
A PORTION OF LOT 1, BLOCK B OF "(REVISED) INTERCHANGE
BUSINESS PARK SECTION ONE", A SUBDIVISION RECORDED IN
PLAT CABINET J SLIDES 24 & 25 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.019 -ACRE TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING on an iron rod found on the northwest corner of said Lot
1, same being a point of intersection of the east right-of-way line of Round
Rock Loop (90.00 -ft. right-of-way width), as dedicated by said plat, also
depicted as "proposed" on said plat, with the south right-of-way line of
Gattis School Road (approximately 40 -foot right-of-way width at this paint),
said point being the northwest corner and POINT OF BEGINNING of the herein
described tract of land;
THENCE with the south right-of-way line of Gattis School Road,
same being the north boundary line of said Lot 1, S89°11'19"E for a distance
of 13.43 feet to an iron rod found on the northeast corner of said Lot 1, same
being the northwest corner of a tract of land conveyed to Ernest Lawrence by
instrument recorded in Volume 451 Page 188 of the Deed Records of Williamson
County, Texas, for the northeast corner of the herein described tract of land;
THENCE departing the existing south right-of-way line of Gattis
School Road with the east boundary line of said Lot 1, same being the west
boundary line of said Ernest Lawrence tract of land the following two (2)
courses and distances:
1. S18°58'33"E for a distance of 34.33 feet to an iron rod
found on an angle point;
2. S19°40'13"E for a distance of 7.78 feet to an iron rod set
on the southeast corner of the herein described tract of
land;
THENCE departing the west boundary line of said Ernest Lawrence
tract of land, same being the east boundary line of said Lot 1, through the
interior of said Lot 1, S89°45'52"W for a distance of 27.06 feet to an iron
rod set in the east right-of-way line of the previously mentioned City of
Round Rock Loop right-of-way, same being the west boundary line of said Lot 1,
for the southwest corner of the herein described tract of land;
THENCE with the east right-of-way line of said City of Round Rock
Loop, same being the west boundary line of said Lot 1, N00°12'41"W for a
distance of 40.09 feet to the POINT OF BEGINNING of the herein described tract
of land, and containing 0.019 acre.
Surveyed nder the direct supervision of the undersigned:
Cecil Ja so Chisholm Date
Register. Professional Land Surveyor No. 4295
/0.2/-93
Bearing Basis: Depicted on the sketch to accompany this description.
CJC:ek
Job No. 601-020-10
Date: October [O, 199i
EXHIBIT
r
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1" = 50'
Fri AI
CITY OF ROUND ROCK LOOP
0.019 AC.
(807 SQ. FT.)
(REVISED)
INTERCHANGE BUSINESS PARK
SECTION ONE �—
BLOCK B LOT >
SL.24
50, C
PV •
15.
E.
S89'45'52" W
27.06'
P.O.B.
N00'12'41"W
40.09'.
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
EXHIBIT "A"
LEGEND
P.O.B. = POINT OF BEGINNING
• = IRON ROD FOUND
O
= IRON ROD SET
.U.2. _ ^ucuc
D.E. = DRAINAGE EASEMENT
PT. OA TO PT.( =
PROJECT BEARING BASIS
•
CVOs 100HZS Sinn
N00' 14'08" W
39.91'
N00' 14'08' W
40.16'
S18'58'33"E
34.33'
S19'40'13"E
7.78'
PROPOSED
R.O.W.
OF
Er, cc co JACKSON .'.HISHN.h^ ITT4
a 429 ."'C./,'
vo
sty;
'M'o'a ONILSIx3
As Prepared B
Cecil Jackson holm, R.P.L.S. #4295
9111 Jollyville ad, Suite 107
Austin, TX 78759
Dote
°'2/-93
POINTAO
1258/93
DOUBLE CREEK DR.
C.R. 168
POTT
S89'11'19"E
13.43'
POINT
OCT.15.1993
JOB No.: 601-020-10
File: GATTIS.CRD LOTBI.DWG
BY: SHAFER
Baker-Alcklen
& Assoclatas, Inc.
Consulting Engineers
DATE: June 7, 1994
SUBJECT: City Council Meeting, June 9, 1994
ITEM: 8.G. Consider an ordinance authorizing condemnation of 0.129 acres in Lot 1,
Block A, 0.129 acres in Lot 2, Block A, 0.180 acres in Lot 3, Block A and 0.019
acres in Lot 4, Block A, Interchange Business Park, Section One, currently
owned by Round Rock, Texas Investments, Inc. (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.