G-07-01-25-8C2 - 1/25/2007Raw Water Project
Parcel 4
0.119 Acres
ORDINANCE NO. g- D 7-- 0/ - o) b - 8C Z
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
0.119 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 0.119 acres of land in Williamson County, Texas,
from Craig Davidson and Kathleen Davidson; 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\070125C2. 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
and/or its assigns to complete said Project,
undertake all other proceedings necessary
acquisition of the Property.
Section 3. It is the intent of the City
to allow the City
and to perform and
to complete the
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.
A. All ordinances, parts
conflict herewith are expressly
H.
of ordinances,
repealed.
or resolutions in
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, Texas Government Code, as
amended, and the Act.
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 a5 - day
of • £ ,, 2007.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2007.
READ, APPROVED and ADOPTED on second reading this the
day of , 2007.
ATTEST:
N+' W LL, ayor
City of Ro d Rock, Texas
CHRISTINE R. MARTINEZ
City Secretary
4
PARCEL: 4
COUNTY: WILLIAMSON
EXHIBIT
um,
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.119 ACRE (5,203 SQUARE FOOT) TRACT OF LAND OUT OF THE ISAAC
DONAGAN SURVEY, ABSTRACT NUMBER 178, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 4, 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 CRAIG T. DAVIDSON AND KATHLEEN E. A. DAVIDSON, BY INSTRUMENT
RECORDED IN DOCUMENT NO. 9553401 OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.119 ACRE (5,203 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 4 and the most easterly corner of Lot 5, 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 4 and said Lot 5, S 41°46'00" W
for a distance of 44.71 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;
1) THENCE, departing said common boundary line, through the interior of said Lot 4, with the
westerly boundary line of said 10 foot wide Public Utility Easement, S 21°42'30" E for a
distance of 171.95 feet to a calculated point in the common boundary line of said Lot 4 and Lot 3,
Block 2, of said Wood Rauch 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 corner of said Lot 3 and the most easterly corner of said Lot 4, bears
N 37°25'00" E a distance of 46.60 feet;
2) THENCE, departing the westerly boundary line of said 10 foot wide Public Utility Easement,
with the common boundary line of said Lot 3 and said Lot 4, S 37°25'00" W for a distance of
34.95 feet to a calculated point, being the most southerly corner of the herein described tract;
3) TJJ ;NCE, departing said common boundary line, through the interior of said Lot 4,
N 21°42'30" W for a distance of 174.91 feet to a calculated point in the common boundary line
of said Lot 4 and said Lot 5, being the most westerly corner of the herein described tract;
Page 1 of 3
4) THENCE, with the common boundary line of said Lot 4 and said Lot 5, N 41°46'00" E for a
distance of 33.53 feet to the POINT OF BEGINNING, containing 0.119 acres (5,203 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
EOT6 // //
,(127 ACRES) / / / //
/ ///////
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/ /
// // L 5
\ / / // (1.,56 ACRES) /
// Wool-FA/NCH �6`o%
SECFIVE ate° a/ �y
CAB. 19 . 269-270,4, 4 / Qy
VO \ \
�"o
01NT OF REFERENCE
POINT OF BEGINNING
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cP
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0.119/AC. ,0 •
5,20/3 SQ. FT. j ��
/ / LOT 4 // //
/ /COMMON (1.57 ARES) / / //
f DRIVEWAY ACCESS / // //
EASEMENT (PLAT) /`, //
CRAIG T. DAVID - ON BI
KATHLEEN E. A. DAVIDSON /:P ,y ('?
DOC. NO. 11553401 //e .�`'
'u O.R1VLC.T. //40".
�j/i .9 • / /o0+- \
50
N
s
0 50
100
SCALE 1" = 100'
30' WATERLINE
EASEMENT
VOL. 844, PG. 169
^4,..', D.R.W.C.T.
0
Tfl RICKEY LANE PETERSON
:, (17.0 ACRES)
DOC. NO. 9804192
O.R.W.C.T_
LINE TABLE
LI
S 41°46'00" W
44.71'
L2
N 37°25'00" E
46.60'
L3
S 37°25'00" W
34.95'
L4
N 41°46'00' E
33.53'
m / / /�_
A / /O
f / ��y .
• / 5'
o"ev
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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 BE
EASEMENTS OR OTHER DOCUMENTS AFFECTING
THIS PROPERTY THAT ARE NOT ADDRESSED
HEREON.
1 7
/
LO'f 3//' y (1.45/ACRES)
SijElEY
01/4AGAI; 1/8
ABBY
/
0
LIMITS
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 DATE:
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705
LOT 2
(1.27 ACRES)
LEGEND
i
(1
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.
1/2" 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
PAGE 3 OF 3
INLANID
GEODETICS
PROFESSIONAL LAND SURVEYORS
1 504 CHISHOLM TRAIL RD. STE 103
ROUND ROCK, TX, 78681
PH. (512) 238-1200, FAX (512) 238-1251
PLAT OF PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT), BEING
A 0.119 ACRE: 5,203 SQUARE FOOT 7R4CT OF LAND OUT OF THE
ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY,
TEXAS AND BEING A PORTION OF LOT 4, BLOCK 2, WOOD RANCH
SECTION FIVE, ACCORDING 70 THE PLAT THEREOF RECORDED IN
CABINET K, SLIDES 269 — 270 OF 7HE PLAT RECORDS OF
WILLLAMSON COUNTY, TEXAS
DATE: January 16, 2007
SUBJECT: City Council Meeting - January 25, 2007
ITEM: *8.C.2. 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 Craig Davidson
and Kathleen Davidson. (Parcel 4E) (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 rejected the initial offer of the appraised value of $842.00 and a subsequent
offer of $1,000.00. This project is scheduled to begin construction in the Spring 2007.
Public Comment: N/A