G-07-08-23-14D1 - 8/23/2007 ORDINANCE NO. 4-07-09-)3-)J-1D1
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND
NECESSITY FOR THE ACQUISITION OF A FEE SIMPLE
INTEREST IN APPROXIMATELY 1.0794 ACRES AND A
DRAINAGE EASEMENT INTEREST IN APROXIMATELY 0.1148
ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN
IMPROVEMENTS FOR THE HIGHWAY 79 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 Highway 79 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 fee simple interest in approximately 1 . 0794 acres and a
drainage easement interest in approximately 0 . 1148 acres of land
in Williamson County, Texas, from HR 79 Investment, Ltd. ; said
land more particularly described in and shown on Exhibits "A-C"
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\00120536.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 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
and to the above described lands, in order to allow the City
and/or its assigns to complete said Project, and to perform and
2
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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at
3
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 d 3 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 .
LXWAKL, Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ
City Secretary
4
EXHIBIT Page 1 of 3
County: Williamson
Highway: U.S. 79 a
Limits: From:West of FM-1460
To: East of FM-1460
CSJ No: 0204-01-055
Account No: 8014-2-29
PROPERTY DESCRIPTION FOR PARCEL 14
DESCRIPTION OF 0.15 ACRES OF LAND (6662 SQUARE FEET), LOCATED IN THE PRIOR A. HOLDER
SURVEY NO.9,ABSTRACT NO.297,IN WILLIAMSON COUNTY,TEXAS;BEING A PORTION OF THAT TRACT
OF LAND DESCRIBED AS 6.55 ACRES IN THAT DEED TO HIGHLAND MANAGEMENT INC., RECORDED IN
DOCUMENT NO.2001037863,OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS; SAID 0.15-
ACRE TRACT OF LAND,AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Yz-inch iron rod with Texas Department of Transportation(Tx.D.o.T.)aluminum cap set,being the
intersection of the north line of the proposed right-of-way of U.S.Highway No.79 and the west line of said 6.55-acre
Highland Management,Inc.tract,same being the east line of a called 54.043 acre tract to 54 Acres,Ltd.,recorded in
Document No. 2000032957, Official Public Records of Williamson County, Texas, and being 98.05 feet left of
proposed survey baseline station 168+26.96,from which a Point for Reference,being a Y2-inch iron rod found in the
said west line of the 6.55-acre Highland Management, Inc.tract, bears N08003'45"W,a distance of 211.33 feet;
THENCE with the said north line of the proposed right-of-way of U.S.Highway No.79,over and across the said 6.55-
acre Highland Management, Inc.tract,the following two(2)courses:
1. N78004'47"E, a distance of 35.14 feet to a Tx.D.o.T. Type II Monument set, being 98.00 feet left of
proposed survey baseline station 168+62.40;
2. S5601 0'26"E,a distance of 20.15 feet to a Y2-inch iron rod with Tx.D.o.T.aluminum cap set in the east line
of said 6.55-acre Highland Management Inc. tract and in the west line of a called 1.096 acres tract to
Highland Management,Inc.,recorded in Volume 1067,Page 679,Official Records of Williamson County,
Texas, from which a Point for Reference, a Y2-inch iron rod found in the east line of said 6.55-acre
Highland Management, Inc. tract, same being the northwest corner of said 1.096-acre Highland
Management, Inc.tract bears N08003'56"W,a distance of 210.84 feet;
THENCE leaving the said north line of the proposed right-of-way of U.S.Highway No.79,along the east line of said
6.55-acre Highland Management Inc.tract and the west line of said 1.096-acre Highland Management, Inc.tract,
S08°03'56"E,passing at a distance of 120.31 feet a Y2-inch iron rod found with cap,in all a total distance of 120.72
feet to a point in the existing north right-of-way of U.S. Highway No.79;
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January 12,2004
Page 2 of 3
County: Williamson
Highway: U.S. 79
Limits: From:West of FM-1460
To: East of FM-1460
CSJ No: 0204-01-055
Account No: 8014-2-29
THENCE with said existing north right-of-way of U.S.Highway No.79,a distance of 50.18 feet with an arc of a curve
to the right whose central angle is 0003022",with a radius of 5679.58 feet and whose chord bears S78003'17"W,
50.18 feet to a point in the west line of said 6.55-acre Highland Management tract and in the east line of said 54
Acres, Ltd.tract;
THENCE leaving the said north line of the existing right-of-way of U.S.Highway No.79, along the west line of
said 6.55-acre Highland Management Inc.tract and the east line of said 54 Acres Ltd.tract, N08003'45"W,
passing at a distance of 0.37 feet a 1/2-inch iron rod found with cap,in all a total distance of 135.21 feet to the
POINT OF BEGINNING and containing 0.15 acres of land(6662 square feet), more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83 and adjusted to project surface
coordinates using the adjustment scale factor of 1.000085.
THE STATE OF TEXAS
COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS:
That I,David Willits,a Registered Professional Land Surveyor,do hereby certify that the above description is
true and correct to the best of my knowledge and belief and that the property described herein is based upon a on the
ground survey compiled during September,2003.
WITNESS MY HAND AND SEAL at Austin,Travis County, xaZIthe 12st day of anuary,2004 A.D.
Carter&Burgess, Inc.
2705 Bee Cave Rd., Ste. 300 David Willits
Austin,Texas 78746
OFRegistered Professional Land Surveyor
`�•• ••TF No.5744-State of Texas
A, G S T e%
O.
NN•N•N•N••NNN••••NNN
DAVID WILLITS
NN.NNN•N•NN•N••NN•N•
r 5744 P�•�
SUR
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January 12;2004
Page 3 of 3
LEGEND NOTES
1.ALL BEARINGS AND CDORDNATES SHOWN HEREON ARE BASFO UPON
TXD.O.T.TYPE It MONUMENT SET THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83.CEN ASE ZONE
❑Q TX.D.O.T.TYPE I MONUMENT FOUND ��,,SQ.T.,T ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES./ILL
F COORDINATES WERE ADJUSTED FROM STATE PLANE GRD TO PROJECT
1/2'IRON R00 SET WITH 7XA.0.T.ALUMINUM Fir .• SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085.
CAP STAMPED 'TEXAS DEPT OF TRIM• .¢ p 9 REFERENCE
TXN-10163546.214.
. �TROPOINT
E 3 460044,PROJECT SURFACE
h� �X11►
• IRON ROO FOUND (1/2•,OR AS NOTED) ••.•••••••••.• ........ COC)RDIN
527.910.
O 1/2• IRON IOD FOUND WITH CAPDAVID WILLITS 2.THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
•............•••............•••• REPORT.THERE MAY BE EASEMENTS OR OTHER INSTRUMENTSNAIL FOUND(600, OR AS NOTED) {. 5744 ;4 PERTAINING TO THIS PROPERTY THAT
ARE NOT SHOWN HEREON.
'•
PC POINT OF CURVATURE
OFF
PONT(Nor SET) 9
POINT OF3.ALL STATIONS AND SETS SHOWN TION ARE MEASURED
URVATURE O'••ESSL.•�� RELATIVE TO THE PROPOSED SURVEY BASELINE OF US HIGHWAY 79.
PT PONT OF TANGENCY S U R V �OFFFSETS ARE MEASURED AT RIGHT INGLES TO SAID SURVEY
O.P.R.W.C. OFFIC IAL T� RECORDS OF WILLIAMSON
4. REMAINDER AREAS SHOWN N THE TABLE ARE CALCULATED BY
SUBTRACTING THE R.O.W.ACQUISITION FROM THE RECORD DEED
O.R.W.C. WI�� �S ACREAGE.
TXR.O.W. TEXAS DEPARTMENT OF TRANSPORTATION I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
R.O.W. RIGHT-OF-WAY e- OW22" UNDER MY DIRECTION AND SUPERVISION AND IS TRUE AND CORRECT
sn7o'w COURSES t STATIONS R - 5679.58' TO MY /�off'
723+45 FROM'rXES FROM
RECORDS L 50,18' Z74 7 .,([_Q
(SO 70'00'c) COURSES fREC ADJOINING - yWr—
Trzx�s) PROPERTY RECORDS C = 50.18DAVID --
�— PROPERTY LINE C8= S78.03'17'W STE�PROHEssIONAL LAND SURVEYOR
CENTERLINE STATE OF TEXAS NO, 5744
14 PARCEL NUMBER FOR
R.O.W.ACOUISIITON
W ! PT= 169+88.65
HIGHLAND MANAGEMENT, INC, '3i
NOT TO SCALE
O� VOL-1067, PG.679, ORW.C. a d
C), • WARRANTY DEOE9D6 AUG. 30, 19641. t
0 56'W
O�\ P S56'IO'26E
NOB 03'b6•w a 41'
210.84' '
�\ \O• rsoanrvzt 20.15'
168+62.4
120 72 • ._,,:.
Q V� N78V4 Lt fy s
5 NOB'D 45"W . 35.14' II
(voeW'o1'w •r*s.ro7 �) It. .
FUTURE DOUBLE
CREEK CONNECTION 1 21 I,
ii
HIGHLAND MANAGEMENT, INC o ;� •NDeiO3'45*1N
DOC. NO. 2001037863, O.P.R.W.C.T. z 0.3
WARRANTY DEED: i i -n'
MAY 23, 2001 14 <I1
6.55 AC. POINT of BEaNNtNc NOT TO SCALE
PARCEL 14 II Q
166+26.96 0.15 ACRE PT= 580+57.8
96.05' Lt Z I I =
(6662 SQ.FT.) - 11 �; w A
O Ro II Z
11 Z _ 7 Fdp�G2
EE=sed Suomy Baseline Et I O 11 ����
54 ACRES. LTD. a_ 11 ' ; �'
Curve Data N: s '
PI Sta 167+66.19 DOC.2000032957. O.P.R.W.0 8 II 3 :DCj oho`
N - 10163391.808 WARTY DEED: MAY 22, 2000
E = 3141113.210 54.043 AC. 11 i Z ?`�
A= 2'13'30'
R = 11459.16' TEXAS POWER & LIGHT COMPANY I I Z Z 1
L = 444.98' VOL.1696, PG.295, O.R.W.C. n I I ~
T = 222.52' 15' ESMT.: DEC, 2, 1986 I I 1 N
C - 444.95' 11 I W
CB= N78'23'02"E
PC Sta
PT Sta 169+8865 �I 50 50' PC= 165+43.67
II '
C/L Curve Doto II
P1 = 578+61.3 2' S ' _ 1 II
d = 356'Rt SOUTHWESTERN BELLD = 1' TELEPHONE COMPANY
T = 196.8' ` �� II VOL616 PG.533, O.R.W.C.
L = 393.3' GRAPMC SCALE 11 10' ESMT.: SEPT. S. 1975
Carter®Burgess RIGHT—OF—WAY PLAT SHOWING PROPERTY OF PARCEL
HIGHLAND MANAGEMENT, INC. NUMBER 14
2705 Bee Cave Road ACRES SQUARE FEET
AustinSTeexass 78746 its 300 DATE Tx.D.O.T. PROJECT DISTRICT ACQUISITION 0,15 6662
OCTOBER 2003
Phone:512.314.3100 Fax:512 328.6672 . U S HIGHWAY 79 DEED AREA 6.55
www.c-b.com SCALE COUNTY
0 Copyright 2004 Corter& Burgess, Inc. 1" = 100' 800114W-2 29 0204-01-055 WILLIAMSON REMAINDER AREA 6.40
Page 1 of 3
EXHIBIT
County: Williamson
Highway: U.S. 79
Limits: From: West of FM-1460
To: East of FM-1460
CSJ No: 0204-01-055
Account No: 8014-2-29
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF 0.9264 ACRES (40356 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER
SURVEY NO.9,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS; BEING A PORTION OF THAT TRACT
OF LAND DESCRIBED AS 14.206 ACRES, REFERRED TO AS TRACT TWO IN THAT WARRANTY DEED TO
HIGHLAND MANAGEMENT, INC., DATED AUGUST 1, 1984, RECORDED IN VOLUME 1054,PAGE 9,OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED AS 1.096 ACRES IN THAT WARRANTY DEED TO HIGHLAND MANAGEMENT, INC., DATED
AUGUST 30, 1984, RECORDED IN VOLUME 1067,PAGE 679,OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.9264-ACRE TRACT OF LAND,AS SHOWN ON THE ACCOMPANYING RIGHT-OF-WAY PLAT
FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of Tran", being the intersection of
the north line of the proposed right-of-way of U.S. Highway No. 79 and the west line of the said 1.096-acre Highland
tract, being an east line of that tract of land described as 54.043 acres in that warranty deed to 54 Acres Ltd., dated
May 22, 2000, recorded in Document No. 2000032957,Official Public Records of Williamson County, Texas, and
being 83.52 feet left of proposed survey baseline station 168+76.52, and also being the northwest corner of the
herein described 0.9264-acre tract, from which a Point for Reference, being a 1/2-inch iron rod found at the
northwest corner of the said 1.096-acre Highland tract and an interior ell corner on the said east line of the 54.043-
acre 54 Acres Ltd. tract, bears N08'03'56"W, a distance of 210.81 feet;
THENCE leaving the said west line of the 1.096-acre Highland tract and east line of the 54.043-acre 54 Acres Ltd.
tract, with the said north line of the proposed right-of-way of U.S. Highway No. 79, over and across the said 1.096-
acre Highland tract and the 14.206-acre Highland tract respectively, the following three (3)courses:
1. S56°10'26"E, a distance of 54.85 feet to a Texas Department of Transportation (Tx.D.o.T.) Type II
Monument set at the non-tangent beginning of a curve to the left, being 44.00 feet left of proposed survey
baseline station 169+14.77;
2. a distance of 73.60 feet with the arc of the said curve to the left whose central angle is 0°22'10", with a
radius of 11415.16 feet and whose chord bears N77027'22"E,a distance of 73.60 feet to a Tx.D.o.T.Type
II Monument set at the tangent ending of said curve, being 44.00 feet left of proposed survey baseline
station 169+88.65, and;
3. N77°16'17"E, a distance of 407.87 feet to a Tx.D.o.T. Type II Monument set on the east line of the said
14.206-acre Highland tract, being the west line of that tract of land described as 24.0110 acres in that
warranty deed to Church of Christ of Round Rock, dated April 5, 2000, recorded in Document No.
2000022099, Official Public Records of Williamson County, Texas, said point being 44.00 feet left of
proposed survey baseline station 173+96.53,from which a Point for Reference, being a 1/2-inch iron rod
found at the northeast corner of the said 14.206-acre Highland tract and the northwest corner of the
24.0110-acre Church of Christ tract, bears NO2033'55"W, a distance of 1511.46 feet;
4. THENCE leaving the said north line of the proposed right-of-way of U.S. Highway No.79,with the said east line
of the 14.206-acre Highland tract and west line of the 24.0110-acre Church of Christ tract, S02°33'55"E, a
distance of 69.99 feet to a point on the north line of the existing right-of-way of U.S. Highway No. 79(varying
width),being the southeast corner of the said 14.206-acre Highland tract,and being the southwest comer of the
said 24.0110-acre Church of Christ tract,from which a 1/2-inch iron rod found bears S02°33'55"E,a distance of
1.92 feet;
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Page 2of3
County: Williamson
Highway: U.S. 79
Limits: From: West of FM-1460
To: East of FM-1460
CSJ No: 0204-01-055
Account No: 8014-2-29
THENCE leaving the said east line of the 14.206-acre Highland tract and west line of the 24.0110-acre Church of
Christ tract, with the said north line of the existing right-of-way of U.S. Highway No. 79, being the south line of the
said 14.206-acre Highland tract and the 1.096-acre Highland tract respectively, the following two(2)courses:
5. S75030'1 9"W,passing at a distance of 283.04 feet a broken Tx.D.o.T.Type I Monument found,in all a total
distance of 289.17 feet to a point at the tangent beginning of a curve to the right and;
6. a distance of 227.64 feet with the arc of the said curve to the right whose central angle is 02°17'47",with a
radius of 5679.58 feet and whose chord bears S76039'1 2"W,a distance of 227.63 feet to a point,being the
southwest corner of the said 1.096-acre Highland tract,and being the southeast corner of the said 54.043-
acre 54 Acres Ltd. tract;
7. THENCE leaving the said north line of the existing right-of-way of U.S. Highway No. 79 and south line of the
1.096-acre Highland tract,with the said west line of the 1.096-acre Highland tract and east line of the 54.043-
acre 54 Acres Ltd. tract, N08°03'56"W passing at a distance of 0.41 feet a 1/2-inch iron rod found, in all a total
distance of 120.72 feet to the POINT OF BEGINNING and containing 0.9265 acres(40357 square feet)of land,
more or less.
Summary
Parcel 5 = 0.9264 acres (40356±square feet)
Parcel 5E = 0.1148 acres (5002± square feet)
Total Acquisition = 1.041 acres (45358±square feet)
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS:
That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein is based
upon a on the ground survey compiled during October,2001.
WITNESS MY HAND AND SEAL at Austin,Travis County, ,this th 13th day of February,2003 A.D.
Carter& Burgess, Inc. OF s T
2705 Bee Cave Rd., Ste. 300 '" TF
Austin, Texas 78746 f�F y John Stra ridge
*N.. n Registered Professional Land Surveyor
JOHN STRAWBRIDGE No.4283-State of Texas
� 4283 P;
SUR
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Page 3 of 3
CHURCH OF CHRIST OF ROUND ROCK I
DOC.2000022099, O.P.R.W.C.
WARRANTY DEED: APR. 5, 20001
24.0110 AC.
( r6S'rw 'SB3*�� PC� 174+27,01
13t ,SB,s,� Not .w 1 u• I I GRAPHIC SCALE
Cj 0) 1511-46-
173.96.53 O' --- LEGEND
44.00' Lt —y
w TX.D.O.T. TYPE I MONUMENT SET
� o
N.T.S. Z w // n 1/2' IRON ROD SET WITH TX.D.O.T.ALUMINUM
LQ / o Z I 3 ' / I CAP STAMPED 'TEXAS DEPT OF TRAM'
�' p n O IRON ROD FOUND (1/2', OR AS NOTED)
NO2CY) ,w i� U I ■ TX.D.O.T. TYPE 1 MONUMENT FOUND
- , ( i W CALCULATED POINT (NOT SET)
_y}1 a RECORDSOFFICIAL
}� OF
Z _ I O.R.W.C. WILLIAMSON COUNTY, TEXAS
SlJ` g I� I O.P.R.W.C. WILLIAMSON COUNTY, TEXAS
OFMIAL PUBLIC RECORDS 69.99
>X HIGHLAND MANAGEMENT, INC. 3 � I I TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION
13] VOL.1054, PG.9, O.R.W.C. d I o I R.O.W. RIGHT-OF-WAY
WARRANTY DEED: AUGUST 1, 1984 �$ `* 3 w Pr POINT of TANGENCY
TRACT TWO, 14.206 AC. U) a 3 j I PC POINT OF CURVATURE
W
C/L Curve Dot 0 n I M 3I S7270'W COURSES & STATIONS
5 a NCi
123+45 FROM TX.D.O.T. RECORDS
PI = 578+61.3
q d = 3 56'Rt AY (sazo'oot) COURSES FROM ADJOINING
(rza
° = 1' 0.9264 AC. !'A I i I .,$) PROPERTY RECORDS
T= 196.8' n ` ! - z "°'—o"--o--�-' GUARD RAIL
L = 393.3 40356 SQ.FT. io FENCE LINE
SOUTHWESTERN BELL ^ I I IF PROPERTY LINE
� TELEPHONE COMPANY Iz ^ CENTERLINE
CLI A= 2'17'47'
R = 5679.58' VOL.616, PG.421, — �) } DISTANCE NOT TO SCALE
L = 227.64' O.R.W.C.
C — 227.63' 10' ESMT.: W 3 5 PARCEL uSLS IONER S
CB- S7639'12W .^-
SEPT. 3, 1975
11N05-407O-W 379.0,' n
(SOS
- J��J Z R
i I F
N �, �� .O
HIGHLAND o A`P,•a�
MANAGEMENT, INC. G PT= 169+
88.65
.w VOL.1067, PG.679, &- 0'22'10' ;89.88.65 Q JOHN STRAWBRIDGE b
R = 11415.16' 44.00' Lt ( ................... .........
O.R.W.0 Cl f: 428.1i...tc�
' WARRANTY DEED: L = 73.60'
ro C = 73.60' I I 9y. • O i
z AUG. 30, 1984 CB— N77'27'22'E 169.14.77 OpESStO�'
••..•, y
1.096 AC. 4.00' Lt U R f'
NOTES.
(nwstc'rs'w .zn.zs) '�� �oj 1.ALL BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON
(sos Ys� V3'S9'W THE TEXAS STATE PLANE COORDINATE SYSTEM, FIAD83. GENITAL ZONE
u'.a) ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES ALL
210. 1 120.72' COORDINATES WERE ADJUSTED FROM STATE PLANE GRID TO PROJCTE
54 ACRES, LTD. 1 SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.0000B&
DOC.2000032957, O.P.R.W.0 POINT OF BEGINNING FENCE Tx-D.O.T. CONTROL POINT N2490044, pRm=SUWAGE
WARRANTY DEED: MAY 22, 2000 PARCEL 5 COORDWTE- N-10193548.214, E-3142527.910.
54.043 AC. 168+76.52 2 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT THERE N-101 ,3 PERfA1 G TO T�PROP THAT ABE EASEMENTS RE�9p 1��
N=10163498.304, '
PROPOSED CAL E-3141203.159,' 3.ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED
CURVE DATA RELATNE TO THE PROPOSED SURVEY BASELINE OF US HKWAY 79.
PI Sto 167+88.19 _ OFFSETS ARE MEASURED AT RIGHT ANGLES To SAID SURVEY
N = 10163391.808 N.T.S. �� 2oa 0 ER BASELINE.
E 3141113.210 ' 1 F� 4. REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED BYA- 2'13'30 `L SUBTRACTING THE R.O.W.ACQUISITION FROM THE:RECORD
DEED
R - 11459.16' 3 �`' ���ClG3 6� ACREAGE.
L - 444.98' 0.41• Q 5$0.
T- 22252' NOIIT 56. y�0 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
C - 444.95' ` �. P O" UNDER MY DIRECTION AND SUPRVISION. AND IS TRUE AND CORRECT
TO
CB= N78'23'02'E �OF -
BELIEF. /1/0
PO- 165+43.87
PT 189+88.85 I 3
REGISTERED PROFESSIONAL LAND SURVEYOR DATE
STATE OF TEMAS N0. 4283
CartersBurgess RIGHT-OF-WAY PLAT SHOWING PROPERTY OF PARCEL
HIGHLAND MANAGEMENT, INC. NUMBER 5
2705 Bee Cove Road ACRES SQUARE FEET
Suite 300 DATE Tx.D.O.T. PROJECT DISTRICT ACQUISITION 0.9264 40356
Austin. Texas 78746 OCTOBER 2001 c� 4
Phone:512.314.31 DO Fox:512.328.6672 U J HIGHWAY 79
www.c— .com SCALE COUNTY DEED AREA 15.302
C Copyright 2002 Carter & Burgess, Inc. 1" = 100' 80011p4-2 UNT29 0204 C. 501 055 DISTRICT
REMAINDER AREA 14.376
T:\Techl\TxDOTGeneral\050098_TxDoT-US79-PP._RoW-Plan\Fnotes\Fn01-211-P5.dwg,3 of 3,2003/02/13 02:40 p,SchreiberKL,CR Austin Survey
EXHIBIT Page 1 of 3
County: Williamson
Highway: U.S. 79
Limits: From: West of FM-1460
To: East of FM-1460
CSJ No: 0204-01-055
Account No: 8014-2-29
PROPERTY DESCRIPTION FOR PARCEL 5E
DESCRIPTION OF 0.1148 ACRES (5002 SQUARE FEET) OF LAND, LOCATED IN THE PRIOR A. HOLDER
SURVEY NO.9,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS; BEING A PORTION OF THAT TRACT
OF LAND DESCRIBED AS 14.206 ACRES, REFERRED TO AS TRACT TWO IN THAT WARRANTY DEED TO
HIGHLAND MANAGEMENT, INC., DATED AUGUST 1, 1984,RECORDED IN VOLUME 1054,PAGE 9,OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.1148-ACRE TRACT OF LAND, AS SHOWN ON THE
ACCOMPANYING RIGHT-OF-WAY PLAT FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING for reference at a Texas Department of Transportation(Tx.D.o.T.)Type II Monument set,being the
intersection of the north line of the proposed right-of-way of U.S. Highway No.79 and the east line of the said 14.206-
acre Highland tract, being 44.00 feet left of proposed survey baseline station 173+96.53;
1. THENCE leaving the said east line of the 14.206-acre Highland tract, with the said north line of the
proposed right-of-way of U.S. Highway No. 79, over and across the said 14.206-acre Highland tract,
S77016'1 7W,a distance of 119.45 feet to a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept
of Tran", being 44.00 feet left of proposed survey baseline station 172+77.07, for the POINT OF
BEGINNING and the southeast corner of the herein described 0.1148-acre tract;
2. THENCE continuing over and across the said 14.206-acre Highland tract, with the said north line of the
proposed right-of-way of U.S. Highway No. 79, S77016'1 7"W,a distance of 150.06 feet to a 1/2-inch iron
rod set with aluminum cap stamped "Texas Dept of Tran", being 44.00 feet left of proposed survey
baseline station 171+27.01;
THENCE leaving the said north line of the proposed right-of-way of U.S.Highway No.79,continuing over and across
the said 14.206-acre Highland tract, the following three (3)courses:
3. N31°26'39"E, a distance of 69.71 feet to a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept
of Tran", being 94.00 feet left of proposed survey baseline station 171+75.58;
4. N77°16'17"E,a distance of 50.02 feet to a 1/2-inch iron rod set with aluminum cap stamped"Texas Dept of
Tran", being 94.00 feet left of proposed survey baseline station 172+25.61, and;
5. S58°3321"E,a distance of 71.75 feet to the POINT OF BEGINNING and containing 0.1148 acres(5002
square feet)of land, more or less.
TATech1\TxDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-212_P5E.ay.doc February 13,2003
Page 2 of 3
County: Williamson
Highway: U.S. 79
Limits: From: West of FM-1460
To: East of FM-1460
CSJ No: 0204-01-055
Account No: 8014-2-29
Summary
Parcel 5 = 0.9264 acres (40356±square feet)
Parcel 5E = 0.1148 acres (5002± square feet)
Total Acquisition = 1.041 acres (45358±square feet)
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS:
That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein is based
upon a on the ground survey compiled during October, 2001.
WITNESS MY HAND AND SEAL at Austin,Travis County,Tex this the 1 ay of February,2003 A.D.
Carter& Burgess, Inc.
2705 Bee Cave Rd., Ste. 300 - OF John Strawbridge
Austin, Texas 78746 `?•��s T
•�, :y . Registered Professional Land Surveyor
No.4283-State of Texas
••••••N•NNN••••NNNN••N
JOHN STRAWBRIDGE
N••MHM•NNN•N•N••1•NN•
° 4283
-7 . 0
�O iii S\O••�O
SURv
T:\Tech1\TxDOTGeneral\050098_TxDoT_US79-RR_RoW-Plan\Fnotes\Fn01-212_P5E.ay.doc February 13,2003
Page 3 of 3
CHURCH OF CHRIST OF ROUND ROCK
DOC.2000022099, O.P.R.W.C. I
WARRANTY DEED: APR. 5, 2000
24.0110 AC.
rS00y z f X64;0 N023335'w PC 174 27.01 GRAPHIC SCALE
CY) 1511.48.1581,4,5• .,,� I I
LEGEND
POINT OF COMMENCING �' 69.9g,
PARCEL 5EZ 0 TX.D.O.T. TYPE II MONUMENT SET
44.00'6 t3 .t o 0. 1/2' IRON ROD SET WITH TX.D.O.T.ALUMINUM
1�I N=10163573.623
0) I CAP STAMPED "TEXAS DEPT OF IRAN'
> E=3141718.415 m0 92oM ROD FOUND (1/2', OR AS NOTED)
� R1 Iw I DLI �EGINNING j O.R.W.C. WILLIAMSON COUNTY. TEXAS
PARCEL 5E
_ a O,P.R.W.C. OFFICIAL PUBLIC RECORDS OF
(n 172+77.07 \ 3 I WILLIAMSON COUNTY TEXAS
1633547.303
N=10 } I 7 j TX.D.O.T. TEXAS DEPARTMENT OF TRANSPORTATION
N=701 •F. R.O.W. RIGHT—OF—WAY
E=3141601.896b
PT POINT OF TANGENCY
/QJ O�
172.25.61 4P�/ a a N I v I PC POINT OF CURVATURE
94.00' Lt 0 0=
U) 5E `� a 0 W I s127o'w COURSES do STATIONS
Z f23+45 FROM TX.D.O.T. RECORDS
�j �� :I (S0z0'00 E) COURSES FROM ADJOINING
0.1148 AC. N7TIs'17•E
Q f0 (]2345) PROPERTY RECORDS
I o ro � 3I
Q 5002 SQ.FT. 5°'02' oI `a-k- — GUARD NL
I�
FENCE LINE
w PROPERTY UNE
(x 171.75.56' �7 �_ ECENTERLINE
�� 94.00' Lt @A j�j� `O I DISTANCE NOT TO SCALE
:171.27.01 I Z CD 5E PARCEL NUMBER FOR
0. HIGHLAND MANAGEMENT, INC. 44.00' Lt ^ R.O.W.ACOUMTION
VOL.1054, PG.9, O.R.W.C.
WARRANTY DEED: AUGUST 1, 1984 3
TRACT TWO, 14.206 AC. r = c/L Curve onto
n P1 = 578+61.3 R
n
M = d = 356'Rt
D = 1 .<<c.,.OF, l
N T = 196.8' �P,•G15 T F�Ff
HIGHLAND o L = 393.3' �.4r Q.9N
PT= 169+ ...:...........::.............. .
MANAGEMENT, INC. Vie) 88.65 d JOHN STRAWBRIDGE-A
VOL.1067, PG.679, ...............................
O.R.W.C. f:�, 4283 �:�
9,Y.°A'f •'o
WARRANTY DEED: s s+off I O''•••.. •%o
AUG. 30, 1984 .., S U RV F-
1.096 AC. ears:
50 1£1. ALL BEARINGS AND COORDINATES SHOWN HEREON ABASED UPON
THE TEXAS STATE PLANE COORDINATE SYSTEM. NAM. CENTRAL ZONE
ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES, ALL
COORDINATES WERE AWUSTED FROM STATE PLANE ORID TO PROJECT
SURFACE USING THE ADJUSTMENT SCALE FACTOR OF 1.000085.
54 ACRES, LTD. 1 REFERENCE Tx.D.o.T. CONTROL POINT N2480044• PROJECT SURFACE
DOC.2000032957, O.P.R.W.0 I COORo9NA1e: N�10183546.214• E-3142527.910.
WARRANTY DEED: MAY 22, 2000 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
54.043 AC. REPORT' THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
PROPOSED SURVEY 3. ALL STATIONS AND OFFSETS SHOWN HEREON ARE MEASURED
BASELINE RELATIVE TO THE PROPOSED SURVEY BASELINE OF US HIGHWAY 79.
CURVE DATA 9 ALL OFFSETS ARE ME%SURED AT RIOHT ANGLES TO SAID SURVEY
PI Sta 167+66.19I BASELINE
N = 10163391.808 h A 20p0 4 REMAINDER AREAS SHOWN IN THE TABLE ARE CALCULATED BY
E 3141113.210 h 5) F� SUBTRACTING THE R.o,w.ACOUISmoN FROM THE RECORD DEED
A- 2'13'30" G 2
R = 11459.16' Q�h ,$o. 9 6
L = 444.98' \;5 0. 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
T 22252' P 50 UNDER MY DIRECTION SUPERVISION. AND IS TRUE AND CORRECT
BELIEF.OF AND
C 444.95' O
CB- N7873'OYE
PC= 165+43.67 I -Z-1fA,4.1
PT= 169+88.65 IOHN LAND SURVEYOR DATE
REGI5TERED PROF'ESSIONAI.
- i STATE OF TEXAS N0. 4283
CarterssBurgess RIGHT—OF—WAY PLAT SHOWING PROPERTY OF NPARCEL
UMBER 5!403]57
2705 Bee Cove Road HIGHLAND MANAGEMENT, INC. ACRES
Austin. Texas 78746 uite 300 �� Tx.D.O.T. PROJECT DISTRICT ACQUISITION 0.1148
OCTOBER 2001
Phone:512.314.3100 Fax:512.328.6672 US HIGHWAY 79 14
www.c—b,c0m SCALEACCpUNT HIO C. S. J. N0. COUNTY DEED AREA 15.302
O Copyright 2002 Carter & Burgess. Inc. 1. = 100 8014-2-29 0204-01-055 WILLIAMSON REMAINDER AREA 14.26
'
T:\TechI\TXDOT6eneral\050098_TxDoT US79-RR_RoW-Plan\Fnotes\Fn01-212_P5E.dwg,3 of 3,2003/02/13 02:42 p,SchreiberKL,CB Austin Sum ey
DATE: August 16, 2007
SUBJECT: City Council Meeting - August 23, 2007
ITEM: 14D1. Consider an ordinance determining the public necessity for the
acquisition of certain property interests for the Highway 79
improvement project, and if necessary, authorizing the City Attorney
to initiate eminent domain proceedings to acquire this needed
property from Highland Management, Inc. (First Reading)
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
This ordinance will allow the City Attorney to initiate imminent domain proceedings to
acquire the necessary property interests for completion of the Highway 79 project. The
construction of this project will accommodate increased traffic in the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The landowner has not responded to our offer of $390,000.
Public Comment: N/A