G-07-03-08-11B1 - 3/8/2007 Raw Water Project
Parcels 25 & 26
0.132 Acres
ORDINANCE NO.-a-0 -Off-//8 f
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
0.132 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 . 132 acres of land in Williamson County, Texas,
from Albert Landry and Wilma Landry; 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\070308B1.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 S . This Ordinance shall become effective immediately
from and after its approval .
H.
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, 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 O day
of 7)"Aay—�U , 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 .
2�
NY ELL, Mayor
City of Round Rock, Texas
ATTEST:
eku��-
CHRISTINE R. MARTINEZ
City Secretary
4
PARCEL: 25-E
COUNTY: WII.LIAMSON
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.116 ACRE (5,059 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JOSEPH FISH SURVEY, ABSTRACT NO. 232, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 3, "HOME PLACE",A SUBDIVISION RECORDED IN CABINET"K", SLIDES
117-118 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A
PORTION OF THE SAME PROPERTY CONVEYED TO ALBERT LANDRY AND WII,MA
LANDRY BY INSTRUMENT RECORDED IN VOLUME 2185, PAGE 58 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.116 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a found Corps of Engineers monument being in the southerly
boundary line of that called 333.00 acre tract of land conveyed to The United States of America by
instrument recorded in Volume 516,Page 349 of the Deed Records of Williamson County,Texas, same
being in the westerly boundary line of Lot 10, "Greenidge", a subdivision recorded in Cabinet "C", i
Slides 229-230 of the Plat Records of Williamson County, Texas, also being the northeasterly corner of
said Lot 3;
THENCE,with the southerly boundary line of said 333.00 acre tract,same being the northerly boundary
line of said Lot 3, S 68°56134" W for a distance of 30.34 feet to a calculated point being the
northwesterly corner of that called 30 foot Public Utility Easement as described in Volume 844,Page 169
of the Deed Records of Williamson County, Texas, for the northeasterly comer and POINT OF
BEGINNING hereof;
THENCE, departing said common boundary line, through the interior of said Lot 3, with the westerly
boundary line of said 30 foot Public Utility Easement the following two(2)courses:
1) S 12°30114"E for a distance of 497.26 feet to a calculated point for an angle point in the easterly
line hereof;
2) S 21°19138"E for a distance of 7.65 feet to a calculated point in the northerly boundary line of
that called 50.52 acre tract of land conveyed to Jim Forrest Avant,et al,by instrument recorded in
Volume 2334, Page 548 of the Official Records of Williamson County, Texas, same being the
southerly boundary line of said Lot 3 for the southeasterly comer hereof;
3) THENCE, with the common boundary of said Lot 3 and said 50.52 acre tract, S 58038152"W
for a distance of 10.16 feet to a calculated point in said common- boundary line for the
southwesterly corner hereof;
THENCE,departing said common boundary line,through the interior of said Lot 3,the following two(2)
courses:
4) N 21019138"W for a distance of 10.19 feet to a calculated point for an angle point in the westerly
line hereof;
5) N 12°30114"W for a distance of 496.53 feet to a calculated point in the common boundary line
of said 333.00 acre tract and said Lot 3,for the northwesterly comer hereof;
FEXHIBIT
Pagel of 3
. n
6) THENCE, with said common boundary line N 68056'34" E for a distance of 10.11 to the
POINT OF BEGINNING,and containing 0.116 acres(5,059 square feet)of land,more or less.
NOTE: Courses 4 and 5 are accompanied by a 50 foot wide Temporary Construction Easement being
westerly of and parallel with described bearings and distances,terminating at the northerly and southerly
boundary lines of said Lot 3.
NOTE:This property description is accompanied by a separate parcel plat.
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.
Surveyed under the direction and supervision of the undersigned:
_ 01=
aAaTrq�
Travis Horn Data• ¢� r �°•
Registered Professional Land Surveyor No.5705 TRAVIS HORN
Inland Geodetics,L.P. 9 5705 P tQ
1504 Chisholm Trail Road,Suite 103 �'•'•°� ��'.:�C
Round Rock,Texas 78681
Phone: (512)238-1200 '
Fax: (512)238-1251
Page 2 of 3
N PLAT TO ACCOMPANY DESCRIPTION
Pooff cr mmuNcr
W � E
UNITED STATES OF AMERICA LOT 10
S 333.00 AC.
VOL 516,PG.349 / �pgyl/r OF BEOWNW
50 o so loo D.R.W_C.
m
/ x
/ N
SCALE 1' IOo'
o
�()��' ,✓ / ��' GREENRIDGE
� da
gsT LOT 2 / l N o n n l CAB. "C", SL_ 229-230
Ir,
P.R.W.C.T.
LINE TABLE / `o Ino -{ LOT 9
LI S 68656'34" W 30.34' / I M-v a N
L2 S 21°19'38" E 7.65' 1 N p f ^�• 1 7�, 5(i 'r,
L3 .65-
sse w 10.16' HOME PLACE 1^q
„ „ .4 o
L4 N 21019'38" W 10.19 CAB. K , SL. 117-118 i
L5 N 68056'34" E 10.11
P.R.W.C.T. �,, N1 (yy��r �,�;•%�
LEGEND .a
• V2'IRON ROD FOUND l N
O?
CORPS.OF ENGINEERS MONUMENT 25-E
E
() RECORD INFORMATION 1
D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY,TEXAS 1 T.C.E. 0.116 AC.
5,059 S0, FT.
'
O.R.W.C_T. OFFICIAL RECORDS LOT 3
WILLIAMSON COUNTY,TEXAS 1 Z5
P.R.W.C.T. PLAT RECORDS 1
WILLIAMSON COUNTY,TEXAS
NOTES: `
D BEARING BASIS:ALL BEARINGS ARE BASED ON Ir
GRID BEARINGS. DISTANCES ARE SURFACE V`x
DISTANCES. COORDINATES ARE SURFACE VALUES y �, \ LOT 8
BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD 83.CENTRAL ZONE 4203. �IM FORREST AVANT
2)THIS SURVEY WAS PERFORMED WITHOUT / JEFF WOOD AVANT 8
BENEFIT OF A TITLE SEARCH.THERE MAY BE. / JAMIE AVANT DYHLE
EASEMENTS OR OTHER DOCUMENTS AFFECTING (50.52 ACRES) 1
THIS PROPERTY THAT ARE NOT ADDRESSED VOL.2334,PG.54G 1
HEREON. TRACT 111
O.R.W.C.T.
I HEREBY CERTIFY THAT THIS PLAT 15 TRUE AND CORRECT TO THE BEST '� OF
OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN
WAS DETERMINED BY A SURVE'-MADE ON THE GROUND UNDER MY Q� R
DIRECTION AND SUPERVISION.
9 6706 a�Q
TRAVIS HORN DATE: �UFZv�
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705
PAGE 3 OF 3
F(S12)
AN ID FJ,
ARCEL 25, MAC A 50 WD�E 7EMP�OIRARN COA57RilG'WN
ETI CS PEASSAWAND PARCEL 25—E, 61D)NRG A a 116 Al.� 5,059 SgU4RE
LAND SURVEYORS T QF LAND OUT 0I' THE J10 R/ SURVEY ABS7RACT
TRAIL RD. STE.103W Wi� COUNn; 7EMS. AND B E7IV�G POR110NS QP
CK,TX.78681 /E PUCr£ A rREUARDED W CA&WU IC WjDES
,FAX(512)238-1251 117-118 OF THE PLAT RECORDS OF WLLNMwN CoWyTM&
o •* - 1
PARCEL: 26
COUNTY: WILLIAMSON
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.016 ACRE (690 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOSEPH
FISH SURVEY,ABSTRACT NO.232,IN WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF LOT 2,
"ROME PLACE", A SUBDIVISION RECORDED IN CABINET W,, SLIDES 117-118 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY
CONVEYED TO ALBERT LANDRY AND WILMA LANDRY BY INSTRUMENT RECORDED IN VOLUME
2185, PAGE 58 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.016 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a found Corps of Engineers monument being in the southerly boundary line
of that called 333.00 acre tract of land conveyed to The United States of America by instrument recorded in Volume
516,Page 349 of the Deed Records of Williamson County,Texas,same being in the northeasterly comer of Lot 3 of
said "Home Place" subdivision, also being in the westerly boundary line of Lot 10, "Greenridge", a subdivision
recorded in Cabinet"C",Slides 229-230 of the Plat Records of Williamson County,Texas;
THENCE,with the southerly boundary line of said 333.00 acre tract,same being the northerly boundary line of said
Lot 3,S 68 56'34 W for a distance of 49.72 feet to a calculated point being the northeasterly comer of said Lot 2,
same being the northwesterly comer of said Lot 3, for the northeasterly comer and POINT OF BEGINNING
hereof;
1) THENCE,with the common boundary line of Lot 2 and Lot 3,S 33007152"W for a distance of 57.12 feet
to a calculated point in said common boundary line for the southerly corner hereof;;
2) THENCE,departing said common boundary line,through the interior of said Lot 2,N 12030,14"W for a
distance of 33.80 feet to a calculated point in the southerly boundary line of said 333.00 acre tract,same
being the northerly boundary line of said Lot 2 for the northwesterly comer hereof;
3) THENCE, with the common boundary of said 333.00 acre tract and said Lot 2, N 68°56134" E for a
distance of 41.29 feet to the POINT OF BEGINNING,and containing 0.016 acres (690 square feet)of
land,more or less.
NOTE:This property description is accompanied by a separate parcel plat.
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.
Surveyed under the direction and supervision of the undersigned:
OF
rf 19
Travis Horn TRAVIS HORN
Registered Professional Land Surveyor No.5705 Date: 9 57
InlandGeodetics,L.P. ��ji�ewFss.�?
1504 Chisholm Trail R
oad,Suite 103 :..-
Round Rock,Texas 78681
Phone:(512)238-1200
Fax:(512)238-1251
Page 1 of 2
N PLAT TO ACCOMPANY DESCRIPTION
w � 1
UNITED STATES OF AMERICA GREENRIDGE
333.00 AC. _
$ VOL. 516, PG. 349 pow GIFRfFERp� CAB• "C", SL. 229-230
15 0 15 30 D.R.W.C. P.R.W.C.T.
SCALE I" a 30'
POW 6
e 6"�A6 / LOT 1POW
,.54• E 1
rS S"" 1 N 6ea!Z9� T.C.E. 11
26 y' I
�Srig 0.016 AC. y
A ' / i / w o ��o�^tea 690 SO. FT,
LOT f
r
Ip'. o
LEGEND 1
• V2'IRON ROD FOUND
CORPS.OF ENGINEERS MONUMENT HOME PLACE y
() RECORD INFORMATION
D.R.W.C.T. DEED RECORDS CAB. "W', SL. 117-118 1 O
WILLIAMSON COUNTY,TEXAS P.R_W.C.T. y ^� LOT 9
O.R.W_C.T. OFFICIAL RECORDS y
WILLIAMSON COUNTY,TEXAS i �D
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS y ;
y
y
NOTES: y -k
LOT 3 1
I)BEARING BASIS: ALL BEARINGS ARE BASED ON y l
GRID BEARINGS.DISTANCES ARE SURFACE y 1
DISTANCES.COORDINATES ARE SURFACE VALUES y
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 ,� OF
HEREON. �P T E9
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.
�'�Ess�o�►
sua
TRAVIS HORN DATE:
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705
PAGE 2 OF 2
i N LA N D PUT OIF PARCEL 26, A TE7Wpa9ARY EASEMENT,
GEODETICS P SMG A 0.016 A[� 690 SQU4RE� FOOT TRACT OE LAAV 0�. 0f
PROFESSIONAL LAND SURVEYORS 7tW '� Fl Ste: ABSTRACT NO. 232, W WlLL1I9M
1504 CHISHOLM TRAIL P.D. STE 103COL�' `� AND A POIRT�O)IN Or LOT 3, />
ROUND ROCK,TX.78681 A SUBOMS101f1► REORDED /N CAWyEf K
SLOES >>] 18
PH.(Sl2)238-1200,FAX(SI2)238-1251 OF 77E PLAT RECORDS OF KL4U/SON C LWTy, TEXAj
DATE: March 1, 2007
SUBJECT: City Council Meeting - March 8, 2007
ITEM: *11.6.1. Consider an ordinance determining the public necessity for the
acquisition of certain property interests for the proposed Raw
Water System Improvement Project, and if necessary, authorizing
the City Attorney to initiate eminent domain proceedings to acquire
this needed property from Albert Landry and Wilma Landry (Parcels
25 & 26). (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This ordinance will allow for the City Attorney to initiate eminent domain proceedings to
acquire the necessary property interests so that the City of Round Rock Raw Water System
improvement project can begin. The construction of this project will accommodate increased
public water service for residents of the City.
Fundina•
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Backaround Information:
The landowner rejected our initial offer of the appraised value of $3,248. This project is
scheduled to begin construction in the Spring of 2007.
Public Comment: N/A