G-07-03-08-11B2 - 3/8/2007 Raw Water Project
Parcel 18
t 0.086 Acres
ORDINANCE NO. -O 1 -C/3 -Q 1 gz
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
0.086 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 . 086 acres of land in Williamson County, Texas,
from Linzy L. Bandy and Patricia A. Bandy; 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
O:\WdOX\ORDINANC\070308B2.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, 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 .
NY EL ayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ
City Secretary
4
PARCEL: 18
COUNTY: WILLIAMSON
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.086 ACRE(3,750 SQUARE FOOT)TRACT OF LAND OUT OF THE ISAAC
DONAGAN SURVEY,ABSTRACT NUMBER 178,IN WILLIAMSON COUNTY,TEXAS,BEING A
PORTION OF LOT 8, AMENDED WOOD RANCH SECTION ONE, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET Y, SLIDE 265-266 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE SAME PROPERTY
CONVEYED TO LINZY L. BANDY.AND PATRICIA A. BANDY,BY INSTRUMENT RECORDED
IN DOCUMENT NO. 9800127 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.086 ACRE (3,750 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 8;
THENCE, with the easterly boundary line of said Lot 8 and the easterly boundary line of said 30 foot
wide Waterline Easement, same being the westerly boundary line of said River Chase subdivision,
N 20°39'30"W for a distance of 90A6 feet to a calculated point,being the most northerly corner of said
Lot 8 and the most easterly comer of Lot 9 of said 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 said
Wood Ranch Section One,with the common boundary line of said Lot 8 and said Lot 9, S 69004130"W
for a distance of 40.00 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 8, with the westerly
boundary line of said 10 foot wide Public Utility Easement,the following two(2)courses:
1) S 20°39130" E for a distance of 90.40 feet to a calculated point, being an angle point in the
easterly boundary line of the herein described tract;
2) S 21°00'30"E for a distance of 34.61 feet to a calculated point in the common boundary line of
said Lot 8 and Lot 7-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,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 River Chase subdivision, being the most
northerly comer of said Lot 7-A and the most easterly comer of said Lot 8,bears N 69004'30"E
a distance of 40.00 feet;
3) THENCE, departing the westerly boundary line of said 10 foot wide Public Utility Easement,
with the common boundary line of said Lot 8 and said Lot 7-A,S 691D04130"W for a distance of
30.00 feet to a calculated point,being the most southerly comer of the herein described tract;
Pagel of 3 EXHIBIT
"All
l
THENCE,departing said common boundary line,through the interior of said Lot 8,the following two(2)
courses:
4) N 21000130" W for a distance of 34.66 feet to a calculated point, being an angle point in the
westerly boundary line of the herein described tract;
5) N 20039130"W for a distance of 9035 feet to a calculated point in the common boundary line of
said Lot 8 and said Lot 9,being the most westerly corner of the herein described tract;
6) THENCE, with the common boundary line of said Lot 8 and said Lot 9,N 69°04'30" E for a
distance of 30.00 feet to the POINT OF BEGINNING, containing 0.086 acres (3,750 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: '(E,..O .,
O�
. TRAVIS HORN
_ o vs
Travis Horn Date: Pe,`y.°M % O
O •.NN•~
Registered Professional Laud Surveyor No.5705 S UFl`l
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
1 LOT 10 ti C
(1.65 AC.) r W.A
AB TR""CT lV f''' �� RIVER CHASE W
133
CAB.Q,SLD.187-192
LOT 9 1 P.R.W.C.T.
(1.00 AC.) ►+ti
/ POINT OF BEGINNINGL-
G+ NDED WOOD RANCH
O SECTION ONE „96;1 a, �Z ,cpe
CAB.K SLD 265-266 .a 3Ag
P.R.W.C.TlN69 X30 S- /_PI.I:(1' 3 0-0. o
N e0 / o
.0 , A �� ' 30'WATERLINE
u► a EASEMENT '
T.C.E. p* ` VOL.844,P0.169
(1.00 AC.) 18 / D R.w.c-T.
LINZY L. BANDY 13 0.086 AC.
N �-A POINT OF REFERENCE
Z
� Zo"u PATRICIA A. BANDY 3,750 SQ.
O ,'0e \- m DOC. NO. 9800127
Ou,�LA. `cin b O.R.W.C.T. / t /. �e
�.Ux COMMON / L' / R Z O
p O" 1r,vl DRIVEWAY ACCESS �-P ,i''+jaZ r3 O
,A v EASEMENT I '1•f �� SA92�1 O/ -'�
a
oN� // /
//N 61*9 pA
O -- 'SO "% ` to
. o ,
va�' s
W E ° , / s /5t s`
5k' /cam
/ ,Ay``'°\, // LOT 7-A
S ` V (4.37 AC.) t
50 0 50 100
AMEN9�b PLAT OF LOTS 6&7
1 AMENDED WOOD RANCH LINE TABLE
" , // SECTION ONE LI N 21°00'30" W 34.55'
SCALE 1100' CAB.N SLD 392 L2 S 69004'30' W 40.00
P.R.W.C.T. L3 S 20°39'30` E 90.40'
LEGEND , L4 N 69004'30" E 40.00'
• I/2*IRON ROD FOUND ` L5 S 69°04'30' W 30.00'
Q RECORDCALCULINFO MATTPOINL6 N 69004'30■ E 30,00
() RECORD INFORMATION
T.C.E. TEMPORARY CONSTRUCTION
EASEMENT NOTES:
P.U.E. PUBLIC UTILITY EASEMENT
B.L. BUILDING SETBACK LINE 1)BEARING BASIS:ALL BEARINGS ARE BASED ON
D.R.W.C.T. DEED RECORDS GRID BEARINGS.DISTANCES ARE SURFACE
WILLIAMSON COUNTY.TEXAS DISTANCES,COORDINATES ARE SURFACE VALUES
O.R.W.C.T. OFFICIAL RECORDS BASED ON THE TEXAS STATE PLANE COORDINATE
WILLIAMSON COUNTY,TEXAS SYSTEM,NAD 83,CENTRAL ZONE 4203.
D.P,R.W.C.T. OFFICIAL PUBLIC RECORDS BENEFIT OF A TITLE 2)THIS SURVEY WAS PERFORMED WITHOUT
ARCH.THERE MAY BE
WILLIAMSON COUNTY,TEXAS EASEMENTS OR OTHER EDOCUMENTS AFFECTING
P.R.W.C.T. PLAT RECORDS THIS PROPERTY THAT ARE NOT ADDRESSED OF
WILLIAMSON COUNTY,TEXAS HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST A.p(�0 re
OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREON Q ��
WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY
DIRECTION AND SUPERVISION. • - -
G 9 0
TRAVIS HORN sUA�
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705 DA E:
PAGE 3 OF 3
VfH-
N LADPUT OF PARM ire (MWPOPARY COAGTRUCMWF THE
EO D ETICS °086 ACR& y.7�550�SQu4w FOOTnwTof L �WO aSW A
rORM
P /SACC D0�41.4V ASSMCT A110. 178, ANI MLLk4 N COLWTY
SSIONAL LAND SURVEYORS nD(Al MID BE'lW A POIRI)w W OF' LOT 8 A49NM *VW RASISHOLM TRAIL RD. STE 103 SECTM a%E �j . To 7W PUTUND ROCK,Tx.78681MI C,A60llyEj /{, SLIDIM
2 266 qf' Tf/E' pLAT( 2)238-1 OC FAX(S 12)238-1251 /►/�,#ff f
DATE: March 1, 2007
SUBJECT: City Council Meeting - March 8, 2007
ITEM: *11.B.2. 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 Linzy L. Bandy and Patricia A. Bandy
(Parcel 18). (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This ordinance will allow 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 $620. This project is
scheduled to begin construction in the Spring of 2007.
Public Comment: N/A