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
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LOT 4 /',' ,'; ,' t
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•.` i EASEMENT ' p1 t
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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
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O=� DOC. NO. 9804192
F 0.R_W.C.T.
tom
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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
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V SECTION EWE ��`�� /
V \CAB. K. SLD. 269-270 >
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SCALE 1" = 100'
GEORGETOWN CITY LIMITS
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/// oe-N/ LOT3
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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
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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