O-86-2223 - 3/27/1986ORDINANCE NO. 2223
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO PROCEED TO ACQUIRE
IN FEE CERTAIN PROPERTY OWNED BY WILLIAM. D. KELLY THROUGH
EMINENT DOMAIN PROCEEDINGS.
WHEREAS, The Council of The City of Round Rock has previously
determined that for the health, safety and welfare of its
residents The Park System of The City should be expanded and
further has determined that the land owned by William D. Kelly is
suitable for park, recreation and other programs, and
FURTHER THAT, The City and The Owner have been unable to agree
upon the value of the land.
NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the City Attorney is hereby authorized and directed to
proceed to acquire in fee through eminent domain proceedings
certain property owned by William D. Kelly and described as
follows:
SEE ATTACHED EXHIBIT "A"
(Mark through the following alternative that is not applicable.)
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 o two separate days was dispensed with.
READ, PASSED, and ADOPTED on ading this
day of , 1 .
READ and APPROVED o first reading this the day of
19 ______.
/
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
1 NE LAND, City Secretary
f,
•
EXHIBIT "B"
BEING, an undivided quarter interest (1/4) in and to 426.48 •
acres of land, of which 252.49 acres are situated in the
Willis Donaho Jr. Survey, Abstract No. 173, and 173.79 acres are
situated in the P. A. Holder Survey, Abstract No. 297 in Williamson
County, Texas; said land being the remainder of that certain tract of
land, called 157 acres, as conveyed to Andrew J. Palm by deed as recorded
in Volume 29, Page 192, the remainder of that certain tract of land,
called 193 acres, as conveyed to Miss Carolena Nelson by deed as
recorded in Volume 14, Page 760, all of that certain tract of land,
called 8 1/10 acres,•as.conveyed to Andre* J. Palm by deed as recorded
in Volume 48, Page 115, all of that certain tract of land, called
112 acres, as conveyed to Andrew N. Palm by deed as recorded in Volume
8, Page 466, the remainder of that certain tract of land, called
28 1/5 acres, as conveyed to Andrew J. Palm by deed as recorded in
Volume 13, Page 586, and the remainder of that certain tract of
land, called 12 acres. as conveyed to Andrew J. Paha by deed as recorded
in Volume 29, Page 192 of the Deed Records of Williamson County,
Texas. Surveyed on the ground in the month of June, 1980, under the
upervision of Don H._ Bizzell, Registered Public Surveyor, and being
more particularly described in Two Parts, as follows:
Tract No. 1 (424.06 Acres)
BEGINNING at an iron pin found at a fence corner, on or near the North
line of the P. A. Holder Survey, Abstract No. 297 and the South line
of the Willis Donaho Jr. Survey, Abstract No. 173, marking the N.W.
corner of the above -referenced 112 -acre Palm Tract, for a northwesterly
corner hereof;
THENCE, with a fence along the West line of the said 112 -acre tract,
S 1* 54' W, 1718.31 feet to an iron pipe found, and S 1° 10' W, at 631.02
feet pass the center of Chandler Branch; said point being the S.W. corner
of the said 112 -acre Tract and the N.W. corner of the above -referenced
28 1/5 -acre tract, and continuing for a total distance of 1322.72 feet,
in all, to an iron pin set, for the U.E. corner of the above -referenced
12 -acre tract, and an interior corner hereof;
THENCE, N 138' 50' W. 187.36 feet to a point in the center of Chandler
Branch, for the most northerly N.W. corner of the said 12 -acre tract
and a northwesterly corner hereof;.
THENCE, along the centerline of Chandler Branch with its meanders as
follows: S 12' 12' W. 273.98 feet to an iron pin set, and S 67' 25' W,
224.52 feet to a point set, for the most westerly N.W. corner of the
said 12 -acre tract, for the most southerly N.W. corner hereof;
THENCE, with a fence along the West line of the said 12 -acre tract,
5 0' 19' W, at 116.0 feet pass an iron pin found, for a total distance
of 995.27 feet, in all, to an iron pin found on the North line of
U.S. Highway No. 79, for the S.W. corner ,hereof;
THENCE, N 66' 12' E, 1098.21 feet, along the said North line of U.S.
Highway No. 79, to an iron pin set at a cedar corner post, on the East
line of the said 28 1/5 -acre tract, for the most southerly S.E. corner
hereof;
THENCE, with a fence along the said East line of the 28 1/5 -acre tract,
as follows: N 1' 04' E, 794.90 feet to an iron pin set; S 88' 18' E,
16.74 feet to an iron pin set; N 0' 26' E, 965.47 feet to an iron pin
set; and N 8' 31' E, 215.33 feet to an iron pin set in the center of
Chandler Branch; said point being the N.E. corner of the said 28 I/5 -acre
tract and an interior corner hereof:
THENCE, along the center of Chandler Branch with its meanders as follows:
S 89' 50' E, 241.88 feet to an iron pin set; S 59' 00' E. 439.36 feet to an
iron pin set; S 86' 04' E. 137.37 feat to an iron pin met; S 52' 54' E,
249.39 feet to a nail set; N 79' 17' 8,'285.35 feet to an iron pin set;
N 70' 27' 8, 274.42 feet to an iron pin set; N 36' 41' 8, 180.92 feet
to a nail set;.N 11' 30' E. 216.00 feet to an iron pin set; N 44' .
18' E, 500.17 feet to an iron pin set; N 21° 29' 8, 249.21 feet
to a nail set; N 22° 32' W. 100.01 feat to a point; N 53' 28' 8, 206.40
feet to an iron pin set; N 81° 18' 8, 179.66 feet to a point; N 58'
57' E, 75.88 feet to a point; and N 89' 56' E, 72.80 feet to a point,
for the S.E. corner of the said 112 -acre tract and a southeasterly
corner hereof; said point also being on or near the East line of the
P. A. Holder Survey, Abstract No. 297;
THENCE, with a fence, N 0' 49' W, 488.16 feet to an iron pin set;
and N 0' 20' E, 473.04 feet to an iron pin set, for the N.E. corner
of the said 112 -acre tract, and the S.E. corner of the above-referettd
157 -acre tract; said point also being at or near the N.E. corner_
of the said P. A. Solder Survey, Abstract No. 297, and the most southerly
S.E. corner of the said Willis Donaho Jr. Survey, Abstract No. 173;
N 14' 13' W. 346.82 feet to an iron pin set on the top of a flood
control dam; and crossing a flood control reservoir, N 7' 06' W,
1272.38 feet to an iron pin set at a fence corner marking the S.W. corner
of the above -referenced 193 -acre tract, for an interior corner hereof;
said point being at or near an interior corner of the said Willis Donaho
Jr. Survey, Abstract No. 173;
THENCE, with a fence along the South line of the_said 193 -acre tract
and along or near a southerly line of the Willis Donaho Jr. Survey, Abstract
No. 173 as follows; S 89' 15' E. 1862.09 feat to an iron pin found, and
N 89' 00' 8, 869.29 feat to an iron pin set, for the most easterly S.E.
corner hereof;
EXHIBIT "B"
Tract No. 2 (2.42 Acres)
BEGINNING at an iron pin set, for the S.E. corner of the above -referenced
28 1/5 -acre Palm Tract, for the S.E. corner hereof;
THENCE, N 89' 37' W, at 561.1 feet pass the-S.W. corner of the said.
29 1/5 -acre Palm Tract and the S.E. corner of the above -referenced
12 -acre Palm Tract,'for a total distance of 684.45 feet, in all, to
an iron pin set on tha South line of the Missouri Pacific Railroad,
for the most westerly corner hereof;
THENCE, N 66' 12' E, 750.32 feet, along the said South line of the Missouri
Pacific Railroad to an iron pin set on the East line of the said 28 1/5 -
acre tract, for the H.E. corner hereof;
THENCE, S 0' 23' W, 307.43 feet to the place of BEGINNING and containing
2.42 acres of land.
THENCE, N 0' 12' E, 2,304.86 feet to an iron pin set on the South line
of County Road No. 113, for the H.E. corner hereof;
THENCE, along the said South line of County Road No. 113 as follows: West,
2591.08 feet to an iron pin set, S 89° 57' W, 744.72 feet to an iron pin set;
N 83' 53' W, 115.44 feet to an iron pin set, and N 72' 06' W. 115.54 feet
to a cut stone monument found at a fence corner, for the most northerly
N.W. corner Hereof;
THENCE, S 1' 24' W, 524.23 feet to a cut stone monument found at a fence
corner, for an interior corner hereof;
THENCE, S 89' 06' W, 357.56 feet to a cut stone monument found at a fence
corner, marking the N.W. corner of the above -referenced 8 1/10 -acre tract,
for a northwesterly corner hereof;
THENCE, S 6' 29' W. 58.61 feet to a nail aet in a 12" Eackberry and S 0'
13' W. 3355.08 feet to a cut stone monument found at a fence corner marking
the S.W. corner of the said 8 1/10 -acre tract; said point also being
on or near the said South line of the Willis Donaho Jr. Survey, Abstract
No. 173, and the said North lin* of the P. A. Molder Survey, Abstract No.
297, for an interior corner hereof;
THENCE, with a fence along the North line of the said 112 -acre tract,
N 89' 10' W, 1603.53 feet to the place of BEGINNING and containing 424.06
acres of land.
EXHIBIT "B"
DATE: March 25, 1986
SUBJECT: Council Agenda, March 27, 1986
ITEM: 13H - Consider an ordinance authorizing the City Attorney
to proceed with condemnation proceedings of the W.O.
Kelly property. (First Reading)
Council asked staff to place this item on this agenda. It is in
relation to the regional park site.