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G-07-01-25-8C1 - 1/25/2007Raw Water Project Parcels 1, 2 & 3 0.156 Acres, 1.27 Acres, & 1.36 Acres ORDINANCE NO. 4-- D ! - 01-41:25- SC J AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.156 ACRES; 1.27 ACRES; 1.36 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE CITY OF ROUND ROCK RAW WATER SYSTEM IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public -at -large to construct and maintain improvements to the Raw Water System in the City of Round Rock, and to perform associated public use and purposes ("Project"); and WHEREAS, in accordance with the above, the City Council hereby finds that it is a necessity and in the public interest to acquire a temporary construction easement interest in approximately 0.156 acres; 1.27 acres; and 1.36 acres of land in Williamson County, Texas, from Speedy Stop Food Stores, LTD.; said land more particularly described in and shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes; for the above stated Project; and 0:\wdox\ORDINANC\070125C1.WPD/dc WHEREAS, it is necessary to establish procedures for determining and approving just compensation for the Property to be acquired for this Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS. I. Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to construct and maintain improvements in the City of Round Rock and to acquire property interests to assist with such purposes in and to the above described lands, free and clear of any liens and encumbrances, in order to allow the City and/or its assigns to complete said Project. Section 2. The City Manager or his designated agent, is hereby authorized on behalf of the City to attempt to contract, on behalf of the City, professional surveyors and appraisers, as needed, to perform professional services in connection with the Project and associated public purposes, to negotiate, settle and agree on damages and compensation to be paid to owners of any remaining interest in the Property, and to make official, written, bona fide offers to the owners for the market value of said Property or property interest. If it is determined that an agreement as to the value of said Property, damages and/or compensation to be paid cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of any interest in the Property, proceedings in eminent domain to acquire the stated interest in 2 and to the above described lands, in order to allow the City and/or its assigns to complete said Project, and to perform and undertake all other proceedings necessary to complete the acquisition of the Property. Section 3. It is the intent of the City Council that this ordinance authorizes the condemnation of all property interests required to complete the construction and maintenance of the Project and associated public purposes. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new ordinance of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Ordinance are adopted and made a part of the body of this Ordinance, as fully as if the same were set forth herein. Section 5. This Ordinance shall become effective immediately from and after its approval. II. 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. 3 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, amended, and the Act. Alternative 1. By motion duly made, seconded and vote of all the Council members pre reading this ordinance on two separate of READ, PASSED, and ADOPTED on Alternative 2. , 2007. Texas Government Code, as passed with an affirmative sent, the requirement for days was dispensed with. reading this O' 5 ` day first READ and APPROVED on first reading this the day of , 2007. READ, APPROVED and ADOPTED on second reading this the day of , 2007. E Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ City Secretary 4 PARCEL: 1 & 2 COUNTY: WILLIAMSON EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 2.627 ACRE (114,435 SQUARE FOOT) TRACT OF LAND OUT OF THE ISAAC DONAGAN SURVEY, ABSTRACT NUMBER 178, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF LOTS 1 AND 2, BLOCK. 2, WOOD RANCH SECTION FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET K, SLIDES 269-270 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME PROPERTY CONVEYED TO SPEEDY STOP FOOD STORES, LTD., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2004051225 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.627 ACRE (114,435 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found iron pipe in the existing north right-of-way line of State Highway No. 29 (100 foot right-of-way width), being the southeasterly comer of said Lot 1 and the southwesterly comer of that called 17.0 acre tract of land conveyed to Rickey Lane Peterson by instrument recorded in Document No. 9804192 of the Official Records of Williamson County, Texas, and being the southeasterly comer of the herein described tract; 1) 'THENCE, with the southerly boundary line of said Lot 1, same being said existing north right- of-way line of State Highway No. 29, S 87°38'30" W for a distance of 345.60 feet to a calculated point, being the southwesterly comer of said Lot 1 and the southwesterly corner of the herein described tract; 2) THENCE, with the southwesterly boundary line of said Lot 1, N 56°38'30" W for a distance of 81.19 feet to a calculated point in the westerly boundary line of said Lot 1, same being the existing east right-of-way line of D. B. Woods Road (120 foot right-of-way width), being an angle point in the westerly boundary line of the herein described tract; 3) THENCE, with in part, the westerly boundary line of said Lot 1, and in part, the westerly boundary line of said Lot 2, same being the existing east right-of-way line of D. B. Woods Road, N 20°55'30" W, passing at a distance of 30.00 feet, a calculated point, being the northwesterly corner of said Lot 1 and the southwesterly comer of said Lot 2, and continuing for a total distance of 168.00 feet to a calculated point, being the northwesterly corner of said Lot 2 and the southwesterly comer of Lot 3 of said Wood ranch Section Five, and being the northwesterly comer of the herein described tract; 4) 1'JJJ NCE, departing said existing east right-of-way line of D. B. Woods Road, with the common boundary line of said Lot 2 and said Lot 3, N 59°07'30" E for a distance of 376.83 feet to a found 1/2" iron rod in the westerly boundary line of said 17.0 acre tract, being the northeasterly corner of said Lot 2 and the southeasterly corner of said Lot 3, and being the northeasterly comer of the herein described tract; THENCE, with in part, the easterly boundary line of said Lot 2, and in part, the easterly boundary line of said Lot 1, same being the westerly boundary line of said 17.0 acre tract, the following three (3) courses: 5) S 21°58'30" E for a distance of 50.00 feet to a calculated point, being an angle point in the easterly boundary line of the herein described tract; Page 1 of 3 6) S 19°07'30" E, passing at a distance of 110.43 feet, a found 1/2" iron rod, being the northeasterly corner of said Lot 1 and the southeasterly corner of said Lot 2, and continuing for a total distance of 195.43 feet to a calculated point, being an angle point in the easterly boundary line of the herein described tract; 7) S 24°05'30" E for a distance of 163.99 feet to the POINT OF BEGINNING, containing 2.627 acres (114,435 square feet) of land, more or less. BEARING BASIS: All bearings are based on grid bearings. Distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone 4203. NOTE: This property description is accompanied by a separate parcel plat_ Surveyed under the direction and supervision of the undersigned: Travis Horn Registered Professional Land Surveyor No. 5705 Inland Geodetics, L.P. 1504 Chisholm Trail Road, Suite 103 Round Rock, Texas 78681 Phone: (512) 238-1200 Fax: (512) 238-1251 Page 2 of 3 Date: PLAT TO ACCOMPANY DESCRIPTION \' `' ' ' ' t LOT 4 /',' ,'; ,' t 1 t i0.57 ACRES) ///'. ///' / SUR 1x1 5 /// / / / / t { 7�1 / / / / TjtXL`?c1Y ry1 1 11 i //// r////.�._ �'� .� in \ 1 / /• / / i "�� �`\1 x/ ,/ ` //// LOT$' sI6tr°.0��/ . 1, >ix /' i (1-45 ACRES) E 3' Q�9%L c / V / / / .•b°+ E i' eV3 30' WATERLINE'i / / 5g•0 y,0- •.` i EASEMENT ' p1 t /f 0,..p 0��' QJ,%' VOL. 844, PG. I89 o1.a 9._..p. // 62% 0. O.R.W.C.T. m 'c. / ,.` i� ca \--76‘ ; .,.--- ."-� R>,,-- LOT LOT 2 T.C.E. ;' y1 .,, ▪ COMMON (1.27 ACRES) fA i GEORGETOWN �, CITY LIMITS V• N� 0 it o°'' o o'r O O C n o • Z 153 GEORGETOWN CITY LIMITS S 50 0 50 100 0 •^• SCALE 1" = 100' Ul a r^ 0+ :.?1 fDRIVEWAY ACCESS -c , WOOD RANCH 114,4-35,,S_2.627 1 % ,. SECTION FIVE .� �\-- �, CAB. K, SLD. 269 -27D -- :,V,-" a, 0 .r P.R.W.C.T.- j ' t -0 0 '..s �� LOT 1 \1O a ,-4\-•,‘,!'--- `i -i (1.36 ACRES) cri of aV` 90'0 0 T.C.E. 'At 1 `l r -Co�1 Q�E 1 -% ' SPEEDY STOP FOOD STORES. LTD. '1i 1t ` t` °- e � DOC. NO. 2004051225 t t 1tt t1 Nr,NC • A O T.C.E. P.U.E. B.L. D.R.W.C.T. O.R.W.C.T. 0.P.R.W.C.T. P.R.W_C.T. LEGEND 1 1/2" IRON ROD FOUND CALCULATED POINT RECORD INFORMATION LAND HOOK TEMPORARY CONSTRUCTION EASEMENT PUBLIC UTILITY EASEMENT BUILDING SETBACK LINE DEED RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY. TEXAS 0.P.R.W.C.T. 1 t,tt P.U.E.--+j (,ar— (SHOWN. ON PLAT) 1 25' B.L. (PLAT) GEORGETOWN CITY LIMITS o�ow RICKEY LANE PETERSON o 0 (17.0 ACRES) O=� DOC. NO. 9804192 F 0.R_W.C.T. tom EJP! ^TL 1 S B7°38'30" W 345.60' DRIVEWAY ACCESS (5 87'38'30" W 345.60) EASEMENT (PLAT) POINT OF BEGINNING) STATE HIGHWAY NO. 29 (100' R.O.W) NOTES: I) BEARING BASIS: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83. CENTRAL ZONE 4203. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY 8E EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ANO THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION ANO SUPERVISION. TRAVIS HORN DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 EXISTING R.O.W. LINE TABLE LI N56°3B'30'W 81.19' (Li) (N 56°38'30' W) (81.19') L2 N 20°55130' W 30.00' (L2) (N 20°55'30' W) (30.00') INLANp GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 PAGE 3 OF 3 PLOT OF PARCELS 1 AND 2 (TEA/POR4RY CONSTRUCTION EASEMENTS), BEING A 2.627 ACRE 114,435 SQUARE FOOT TRACT OF LAND OUT OF THE ISAAC DOKAG4N SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS AND BDNG ALL OF LOTS 1 AND 2, BLOCK 2, WOOD RANCH SECTION FN& ACCORDING 70 THE PLAT THEREOF RECORDED IN CABINET K, SUDES 269 - 270 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS PARCEL: 3 COUNTY: WILLIAMSON PROPERTY DESCRIPTION DESCRIPTION OF A 0.156 ACRE (6,813 SQUARE FOOT) TRACT OF LAND OUT OF THE ISAAC DONAGAN SURVEY, ABSTRACT NUMBER 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK 2, WOOD RANCH SECTION FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET K, SLIDES 269-270 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO SPEEDY STOP FOOD STORES, LTD., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2004051225 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.156 ACRE (6,813 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 1/2" iron rod in the westerly boundary line of that called 17.0 acre tract of land conveyed to Rickey Lane Peterson by instrument recorded in Document No. 9804192 of the Official Records of Williamson County, Texas, same being the easterly boundary line of a 30 foot wide Waterline Easement conveyed to the City of Round Rock by instrument recorded in Volume 844, Page 169 of the Deed Records of Williamson County, Texas, being the most northerly corner of said Lot 3 and the most easterly comer of Lot 4, Block 2, of said Wood Ranch Section Five; THENCE, departing the westerly boundary line of said 17.0 acre tract, through the interior of said 30 foot wide Waterline Easement and a 10 foot wide Public Utility Easement as dedicated by said plat of Wood Ranch Section Five, with the common boundary line of said Lot 3 and said Lot 4, S 37°25'00" W for a distance of 46.60 feet to a calculated point in the westerly boundary line of said 10 foot wide Public Utility Easement, being the most northerly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing said common boundary line, through the interior of said Lot 3, with the westerly boundary line of said 10 foot wide Public Utility Easement, the following two (2) courses: 1) S 21°42'30" E for a distance of 21.18 feet to a calculated point, being an angle point in the easterly boundary line of the herein described tract; 2) S.21°58'30" E for a distance of 212.46 feet to a calculated point in the common boundary line of said Lot 3 and Lot 2, Block 2, of said Wood Ranch Section Five, being the most easterly comer of the herein described tract, from which a found 1/2" iron rod in the westerly boundary line of said 17.0 acre tract, being the most northerly comer of said Lot 2 and the most easterly corner of said Lot 3, bears N 59°07'30" E a distance of 40.49 feet; 3) THENCE, departing the westerly boundary line of said 10 foot wide Public Utility Easement, with the common boundary line of said Lot 2 and said Lot 3, S 59°07'30" W for a distance of 30.37 feet to a calculated point, being the most southerly corner of the herein described tract; THENCE, departing said common boundary line, through the interior of said Lot 3, the following two (2) courses: 4) N 21°58'30" W for a distance of 217.22 feet to a calculated point, being an angle point in the westerly boundary line of the herein described tract; Page 1 of 3 5) N 21°42'30" W for a distance of 3.31 feet to a calculated point in the common boundary line of said Lot 3 and said Lot 4, being the most westerly corner of the herein described tract; 6) THENCE, with the common boundary line of said Lot 3 and said Lot 4, N 37°25'00" E for a distance of 34.95 feet to the POINT OF BEGINNING, containing 0.156 acres (6,813 square feet) of land, more or less. BEARING BASIS: All bearings are based on grid bearings. Distances are surface distances. Coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone 4203. NOTE: This property description is accompanied by a separate parcel plat. Surveyed under the direction and supervision of the undersigned: 3/Z.0(2Travis Horn !Date: Registered Professional Land Surveyor No. 5705 Inland Geodetics, L.P. 1504 Chisholm Trail Road, Suite 103 Round Rock, Texas 78681 Phone: (512) 238-1200 Fax: (512) 238-1251 Page 2 of 3 PLAT TO ACCOMPANY DESCRIPTION i LOT 5 / / / (1.56 ACRES) / / ,/, / / POINT OF REFERENCE / POINT OF BEGINNING tt BLOT 4/ / / (1.57 ACRES)/ WOOD RANCI 4i m � V SECTION EWE ��`�� / V \CAB. K. SLD. 269-270 > \ P.R. W/C T h‘‘! s 50 0 50 100 SCALE 1" = 100' GEORGETOWN CITY LIMITS ti o 0 O. 01 U' y► O. / tr COMMON 1• ORIVEW Y ACCESS ? o EASEMENT (PLAT) ♦ cci Y L2 / Z e". / SPEEDY iTOP N ./.7 / FOODS TfSRES, LTD // // O'RWC / 1 DOC. NO /2004051225 0 1/4' y4 ':2- / T. /// oe-N/ LOT3 o , / (1.45 ACRES) ; o.9 RICKEY LANE PETERSON (17.0 ACRES) DOC. NO. 9804192 O.R_W.C.T. 30' WATERLINE LC' EASEMENT u VOL. 844, PG. 169 u N D.R.W.C.T• cp, • co - TA tA 'C. 0 oz.. • N t�� 1 6 a a °- v. .mak tots. may• \ {C.E. i�r1603 0.156 AC. ry f y03\ 6.813 SQ. F 4 b 4 S 6 s 5 g\'0 'o 0 L1 L2 L3 L4 L5 LINE TABLE S 37°25'00" W S 2I°42'30" E N 59007130" E S. 59°07'30" W N 21042130" W 46.60' 21.18' 40.49' 30.37' 3.31' L6 N 37°25100" E 34.95' s .0 0_ NOTES: 1) BEARING BASIS: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD B3, CENTRAL ZONE 4203. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE SEARCH. THERE MAY BE EASEMENTS OR OTHER DOCUMENTS AFFECTING THIS PROPERTY THAT ARE NOT ADDRESSED HEREON. LOT 2 (1.27 ACRES) LOT1 (1.36 ACRES) I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. TRAVIS HORN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 ATE: • () T.C.E. P.U.E. B.L. D.R.W.C.T. O.R.W.C.T. O.P.R.W.C.T. P.R.W.C.T. LEGEND I/2" IRON ROD FOUND CALCULATED POINT RECORD INFORMATION TEMPORARY CONSTRUCTION EASEMENT PUBLIC UTILITY EASEMENT BUILDING SETBACK LINE DEED RECORDS WILLIAMSON COUNTY. TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS INLAN C� GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 PAGE 3 OF 3 PLAT OF PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT), BEING A 0.156 ACRL 6,813 SQUARE FOOT MOT OF LAND OUT OF THE ISAAC DONAG;4N SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEX4S. AND BEING A PORTION OF LOT 3, BLOCK 2, WOOD RANCH SECTION FIVE; ACCORDING 70 THE PLAT THEREOF RECORDED IN CABINET K, SLIDES 269 - 270 OF THE PLAT RECORDS OF WJLL+AMSON COUNTY, TILYAS. DATE: January 16, 2007 SUBJECT: City Council Meeting - January 25, 2007 ITEM: *8.C.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Speedy Stop Food Stores, LTD. (Parcels 1, 2, 3) (First Reading) Department: Water/Wastewater Staff Person: Michael Thane, Utility Director Justification: This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests so that the Lake Georgetown Raw Water System Improvement Project can begin. The construction of this project will accommodate increased public water service for residents of the City. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The landowner has refused to respond to the initial offer of the appraised value of $35,045.00. This project is scheduled to begin construction in the Spring 2007. Public Comment: NJA