G-94-06-09-8F - 6/9/1994ORDINANCE NO. - G y- Db -07- 8F
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 DOYLE AND EVELYN HICKERSON, 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
and impossible; and
WHEREAS, condemnation has become necessary in
acquire the unencumbered fee simple title and a
construction easement; Now Therefore
have become futile
KS\ORDINANCE
0R06094F
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 $6,500.00, 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 Attorney is hereby authorized and directed to
institute proceedings in eminent domain against Doyle and Evelyn
Hickerson, 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:
0.635 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 �t- day
of YUCJ , 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:
E LAND, City Secretary
M r P o-TEm
City of Round Rock, T as
4.
1
EXHIBIT A
DESCRIPTION
OF A 0.635 -ACRE (27,653 -SQUARE -FOOT) TRACT OF LAND
SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 49.111 -
ACRE TRACT OF LAND CONVEYED TO DOYLE AND EVELYN
HICKERSON BY INSTRUMENT RECORDED IN VOLUME 2155 PAGE
167 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.635 -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 (variable right-of-way width), said
point being the northwest corner of the remnant portion of said 49.111 -acre
Hickerson tract of land, same being the southeast corner of a 0.739 -acre tract
of land dedicated as right-of-way to the public use by instrument recorded in
Volume 1076 Page 111 of said Official Records, being also the southwest corner
of a tract of land dedicated as right-of-way to the City of Round Rock by
instrument recorded in Volume 2168 Page 766 of the Official Records of said
county, said point being also the northeast corner of a remnant portion of a
tract of land conveyed to Doyle and wife, Evelyn Hickerson by instrument
recorded in Volume 526 Page 50 of the Deed Records of Williamson County, said
point being the northwest corner and POINT OF BEGINNING hereof, and from
which, an iron rod found on the northeast corner of said 0.739 -acre right-of-
way tract bears N18°51'46"W a distance of 15.82 feet;
THENCE with the existing south right-of-way line of Gattis School
Road as dedicated by instrument recorded said Volume 2168 Page 766 N89°40'42"E
for a distance of 1125.85 feet to an iron rod set on a point in the west
boundary line of a 5 -acre tract of land conveyed to Vernon L. Jakub and wife
Janeth M. Jakub by instrument recorded in Volume 844 Page 912 of the Deed
Records of Williamson County, Texas, said point being the southeast corner of
said right-of-way tract dedicated by instrument recorded in Volume 2168 Page
766, said point being also the northeast corner of said Hickerson remnant
tract of land, for the northeast corner hereof;
THENCE departing the existing south right-of-way line of Gattis
School Road with the west boundary line of said Jakub tract, same being the
east boundary line of said 49.111 -acre tract of land conveyed to Doyle and
Evelyn Hickerson, S19°16'54"E for a distance of 27.25 feet to an iron rod set
on the southeast corner hereof;
THENCE departing the west boundary line of said Jakub tract of
land, same being the east boundary line of said Doyle and Evelyn Hickerson
tract of land, through the interior of said Doyle and Evelyn Hickerson 49.111 -
acre tract, the following courses and distances numbered 1 through 5:
1. S89°45'52"W for a distance of 407.21 feet to an iron rod set
on an angle point;
2. S85°43'35"W for a distance of 242.52 feet to an iron rod set
on an angle point;
3. N87°37'41"W for a distance of 141.56 feet to an iron rod set
on an angle point;
4. N77°55'19"W for a distance of 126.00 feet to an iron rod set
on an angle point;
5. N88°49'46"W for a distance of 220.35 feet to an iron rod set
on a point in the west boundary line of said 49.111 -acre
tract, same being the east boundary line of said Doyle and
Evelyn Hickerson tract of land as conveyed by instrument
recorded in Volume 526 Page 50 for the southwest corner
hereof;
EXHIBIT
.4.4 .
Page 2
0.635 Acre
THENCE with the west boundary line of said 49.111 -acre tract, same
being the east boundary line of said Doyle and Evelyn Hickerson tract conveyed
by instrument recorded in Volume 526 Page 50, N18'51'46"W for a distance of
2.56 feet to the POINT OF BEGINNING hereof and containing 0.635 acre of land.
Surveyed and h the direct supervision of the undo rsigned:
(moi
Cecil Jack hisholm Date
Registere. .fessional Land Surveyor No. 4295
•
CJC:ek
November 17, 1993
Job No. 601-020-10
SKETCH TO ACCOMPANY DESCRIPTION
0 73
•
20' WIDE
TEMPORARY
CONSTRUCTION
EASEMENT g
P.O.B.
N1851'46" W
2.56'
4,1 z
SCALE: 1" = 200'
.SECTiC)1,1
PT.®
N88'49'46" W
220.35'
N7755'19" W
126.00'
TEMPORARY 50WIDE
CONSTRUCTION EASM 'T.
DOYLE & EVELYN
HICKERSON N87'37'41" W
VOL. 2155 PC.167 , 141.56'
(49.111 AC.) S8543'35" W
48.7234 AC. 242.52'
0.635 ACRE
• (27,653 SQ. FT)
TEMPORARY
20' WIDE
CONSTRUCTION
EASEMENT
20' WIDE
TEMPORARY
CONSTRUCTION
EASEMENT
S89'45'52" W
407.21'
51916'5.4"E
----•-'-'
i'7::,.i.,,,,,,.„,....
-/
,. •of .
• .
As Prepared
Cecil Jocks° r. isholm, R.P.L.S. #4295
9111 Jollyville Rood, Suite 107
Austin, TX 78759
, •
.25'
J
Cr- Si. .110
15' WIDE R.O.W.
DEDICATION
VOL.2168 PG.766
HENRY
PROPOSED
R.O.W. 15.iiEL,
N8940'42" E
1,125.85'
- '
•
';;.•
JOYCE LANE'
PT.C)
EXHIBIT "A"
LEGEND
P08. = POINT OF BEGINNING
•= IRON ROD FOUND
o = IRON ROD SET
P.U.E. PUBUC UTILITY EASEMENT
D.E. = DRAINAGE EASEMENT
PT.(T0 PT.
Date
PROJECT BEARING BASIS
(N89'40'42- E 1125.73')
NOV.1,1993
JOB No.: 601-020-10
File: GAT115.CRO DEN.DWG
BY: SS.DM
Baker-Alcklen
& Associates, Inc.
Consulting Engineers
DATE: June 7, 1994
SUBJECT: City Council Meeting, June 9, 1994
ITEM: 8.F. Consider an ordinance authorizing condemnation of 0.635 acres of land
located in the Asa Thomas Survey, Abstract 609, Williamson County, Texas,
currently owned by Doyle and Evelyn Hickerson. (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.