G-07-01-25-8C3 - 1/25/2007Raw Water Project
Parcel 16
0.116 Acres
ORDINANCE NO. a-07-01-,5-803
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
0.116 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 0.116 acres of land in Williamson County, Texas,
from Robert Casadonte; 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
WHEREAS, it is necessary to establish procedures for
determining and approving just compensation for the Property to
be acquired for this Project.
0:\wdox\ORDINANC\07012503. WPD/dc
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
compensation to be paid cannot be
is hereby authorized to file or
owners and
proceedings
and to the
interested parties of
said Property, damages and/or
reached, then the City Attorney
cause to be filed, against the
any interest in the Property,
in eminent domain to acquire the stated interest in
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.
2
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.
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
3
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 - 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:
J T2 LII'lX)1
XWE , Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ
City Secretary
4
PARCEL: 16
COUNTY: WILLIAMSON
EXHIBIT
nAn
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.116 ACRE (5,051 SQUARE FOOT) TRACT OF LAND OUT OF THE ISAAC
DONAGAN SURVEY, ABSTRACT NUMBER 178, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 6-A, AMENDED PLAT OF LOTS 6 & 7 AMENDED WOOD RANCH SECTION
ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET N, SLIDE 392 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE SAME
PROPERTY CONVEYED TO MATTHEW F. MERCER AND TINELL M. MERCER, BY
INSTRUMENT RECORDED IN DOCUMENT NO. 2002092173 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.116 ACRE (5,051 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 River
Chase, a subdivision according to the plat thereof recorded in Cabinet Q, Slides 187-192 of the Plat
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 an angle point in the easterly boundary line of said
Lot 6-A;
THENCE, with the easterly boundary line of said Lot 6-A and the easterly boundary line of said 30 foot
wide Waterline Easement, same being the westerly boundary line of said River Chase subdivision,
N 21°00'30" E for a distance of 61.00 feet to a calculated point, being the most northerly comer of said
Lot 6-A and the most easterly comer of Lot 7-A of said Amended Plat of Lots 6 & 7 Amended Wood
Ranch Section One;
THENCE, departing the westerly boundary line of said River Chase subdivision, through the interior of
said 30 foot wide Waterline Easement and a 10 foot wide Public Utility Easement as dedicated by the plat
of Amended Wood Ranch Section One, recorded in Cabinet K, Slides 265-266 of the Plat Records of
Williamson County, Texas, with the common boundary line of said Lot 6-A and said Lot 7-A,
S 56°35'00" W for a distance of 40.96 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 6-A, with the westerly
boundary line of said 10 foot wide Public Utility Easement, the following two (2) courses:
1) S 21°00'30" E for a distance of 52.15 feet to a calculated point, being an angle point in the
easterly boundary line of the herein described tract;
2) S 20°51'30" E for a distance of 118.04 feet to a calculated point in the common boundary line of
said Lot 6-A and Lot 5 of said Amended Wood Ranch Section One, being the most easterly
comer of the herein described tract, from which a found 1/2" iron rod in said westerly boundary
line of River Chase subdivision, being the most northerly corner of said Lot 5 and the most
easterly corner of said Lot 6-A, bears N 63°21'30" E a distance of 40.20 feet;
Page 1 of 3
3) THENCE, departing the westerly boundary line of said 10 foot wide Public Utility Easement,
with the common boundary line of said Lot 5 and said Lot 6-A, S 63°21'30" W for a distance of
30.15 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 6-A, the following two
(2) courses:
4) N 20°51'30" W for a distance of 121.03 feet to a calculated point, being an angle point in the
westerly boundary line of the herein described tract;
5) N 21°00'30" W for a distance of 45.51 to a calculated point in the common boundary line of said
Lot 6-A and said Lot 7-A, being the most westerly comer of the herein described tract;
6) THENCE, with said common boundary line, N 56°35'00" E for a distance of 30.72 feet to the
POINT OF BEGINNING, containing 0.116 acres (5,051 square feet) of land, more or less.
BEARING BASIS: All beatings 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 nom
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:
ti
0 1
p � \
PLAT TO ACCOMPANY DESCRIPTION
/ / \,\
—'�
AMENDED PLAT -L6TS`
17 z
''�_ FFRANCH ,
AMENDED FOOD ' N
o0
--�ECTION ONE °
f o
o,
"-B. N SLD 392
P.R.W.C.T. ,-\'' T.
1
RIVER CHASE
CAB. Q, SLD. 187-192
P.R.W.C.T.
LOT 7-A
(4.37 AC.)
1 /s
�
.5°
/ t6
at-
POINT OF BEGINNING
a
4
POINT OF REFERENCE
50
S
0 50
100
-
LI
L2
L3
L4
L5
L6
L7
L8
SCALE I" 100'
LINE TABLE
N 63°21'30' E
S 63°21'30' W
N 20°51'30' W
N 2I°00'30' W
N 56°35'00' E
S 21°00'30' E
S 20°51'30' E
N 56°35'00' E
40.20'
30.15'
121.03'
45.51'
30.72'
52.15'
118.04'
40.96'
-----c- (1.24 AC.)
/.--- 5f
/ 05a�1 MATTHEW F. MERCER
/c+,� 2° IA & TINELL M. MERCER
DOC. NO.2002092173
O.P.R.W_C_T_
COMMON �a�•
r. DRIVEWAY ACCESS /VE•
vJ
EASEMENT (PLA)] .'"S6
NOTES:
D BEARING BASIS: ALL BEARINGS ARE BASED ON
GRID BEARINGS. DISTANCES ARE SURFACE
DISTARDINATES ARE SURFACE VALUES
BASED NONSTHEOTEXAS 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.
j0�63\ °
tip- LOT
' (1.15 AC.)
AMENDED WOOD RANCH
SECTION ONE
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 DATE:
CAB. K SLD 265-266
P.R.W.C.T.
INLAN(�
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
P11. (512) 238-1200, FAX (512) 238-1251
r
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.
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LEGEND
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 3OF3
PLAT OF PARCEL 16 (TEMPORARY CONSTRUCTION EASEMENT) BEING A
0.116 ACRE, 5,051 SQUARE FOOT TRACT OF LAND OUT OF THE
ISAAC DONAGAN SURVEY, ABSTR4CT NO. 178, IN WILLIAMSON COUNTY.
T X4SS AND BEING A PORTION OF LOT 6—A AMENDED PL4T OF LOTS 6
& 7 AMENDED WOOD RANCH SECTION ONE: ACCORDING TO 771E PLAT
THEREOF RECORDED IN C48INET N, SLIDES 392 OF THE PLAT RECORDS
OF WIL.LL4MSON COUNTY, TEXAS,
1
DATE: January 16, 2007
SUBJECT: City Council Meeting - January 25, 2007
ITEM: *8.C.3. 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 Robert
Casadonte. (Parcel 16) (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 $835.00.
This project is scheduled to begin construction in the Spring 2007.
Public Comment: N/A