G-07-09-13-10C1 - 9/13/2007 ORDINANCE NO. �
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 0.184 ACRE; GIVING NOTICE OF
OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO
CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE
HESTERS CROSSING 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 Hesters Crossing/SH45 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 0 . 184 acre of land
in Williamson County, Texas, from Wells Fargo Bank; 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:\Wd.x\ORDINANC\070913C1.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 I day
of , JL: 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 .
ELL, Mayor
ity of Round Rock, Texas
ATTEST:
7
CHRISTINE R. MARTINEZ J
City Secretary
4
A Page 1 of 4
EXHIBIT
County: Williamson
Parcel No.: 1
Highway: I.H. 35
Limits: From: Hesters Crossing Road (Along La Frontera Development)
To: Sundance Parkway
CSJ: 0015-09-
PROPERTY DESCRIPTION FOR PARCEL 1
DESCRIPTION OF A 0.184 ACRE (7,994 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 1, CHISHOLM VALLEY SOUTH SECTION 2 ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET E, SLIDES 1-2 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING A PORTION OF THE SAME PROPERTY CONVEYED TO FIRST STATE BANK
OF TEXAS BY INSTRUMENT RECORDED IN DOCUMENT NO. 9917255 OF THE OFFICIAL
RE=CORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.184 ACRE(7,994 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 with plastic cap, 380.24 feet right of proposed
I.H. 35 southbound frontage road baseline station 1422+93.83, being the southwesterly corner of said Lot
1, Chisholm Valley South Section 2 and an interior ell corner in the northerly boundary line of Lot 1,
Resubdivision Chisholm Valley South Section Five according to the plat thereof recorded in Cabinet G,
Slide 178 of the Plat Records of Williamson County,Texas;
THENCE, with the common boundary line of said Lot 1, Chisholm Valley South Section 2 and said of Lot
1, Resubdivision Chisholm Valley South Section Five, N 29°12'55" W for a distance of 172.54 feet to a
set TxDOT Type 11 monument in the proposed southerly right-of-way line of Hesters Crossing Road,
398.14 feet right of proposed I.H. 35 southbound frontage road baseline station 1421+68.39, being the
southwesterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, continuing with said common boundary line, N 29°12'55" W for a distance of 2.40 feet
to a found 1/2"iron rod with plastic cap(to be replaced with TxDOT Type II monument), in the the
existing southerly right-of-way line of Hesters Crossing Road (80 foot right-of-way width), as
dedicated by said plat recorded in Cabinet E, Slides 1-2 of the Plat Records of Williamson
County, Texas, 398.53 feet right of proposed I.H. 35 southbound frontage road baseline station
1421+66.67, being the northwesterly corner of said Lot 1, Chisholm Valley South Section 2 and
an exterior ell corner in.the northerly boundary line of said Lot 1, Resubdivision Chisholm Valley
South Section Five, and being the northwesterly corner of the herein described tract;
THENCE, with the northerly boundary line of said Lot 1, Chisholm Valley South Section 2, same being
said existing southerly right-of-way line of Hesters Crossing Road,the following two(2)courses:
2) N 60°50'38" E for a distance of 314.92 feet to a calculated point, being an angle point in the
northerly boundary line of the herein described tract;
3) S 82'32'05' E for a distance of 75.00 feet to a calculated point in the easterly boundary line of
said Lot 1, Chisholm Valley South Section 2, same being the existing westerly right-of-way line of
I.H. 35 (right-of-way width varies), being the northeasterly corner of the herein described tract,
from which a found 1/2'iron rod with plastic cap bears N 82'32'05'W, a distance of 0.26 feet;
4) THENCE, with the easterly boundary line of said Lot 1, Chisholm Valley South Section 2 and said
existing westerly right-of-way line of I.H. 35, S 16043'41" E for a distance of 25.22 feet to a set
TxDOT Type II monument, 22.51 feet right of proposed I.H. 35 southbound frontage road
baseline station 1421+74.69, being the southeasterly corner of the herein described tract;
PARCEL 1 Page 2 of 4
THENCE, departing said existing westerly right-of-way line of I.H. 35, through the interior of said Lot 1,
Chisholm Valley South Section 2,with the proposed southerly right-of-way line of Hesters Crossing Road,
the following four(4)courses:
5) N 86°26'15"W for a distance of 69.46 feet to a set TxDOT Type II monument, 86.42 feet right of
proposed I.H. 35 southbound frontage road baseline station 1421+48.80, being an angle point in
the southerly boundary line of the herein described tract;
6) S 60048'19"W for a distance of 90.70 feet to a set TxDOT Type II monument, 175.74 feet right of
proposed I.H. 35 southbound frontage road baseline station 1421+62.82, being an angle point in
the southerly boundary line of the herein described tract;
7) S 70036'40" W for a distance of 133.06 feet to a set TxDOT Type II monument at the beginning
of a curve to the left, 308.80 feet right of proposed I.H. 35 southbound frontage road baseline
station 1421+62.50;
8) Along said curve to the left, having a delta angle of 03025'34", a radius of 1500.00 feet, an arc
length of 89.70 feet, and a chord which bears S 65°15'50" W for a distance of 89.68 feet to the
POINT OF BEGINNING, containing 0.184 acres(7,994 square feet)of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
THE STATE OF TEXAS§
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, 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 was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
M. Stephen Tr esdale , Efate
Registered Professional Land Surveyor No.4933
Licensed State Land Surveyor .4,1; ��..� F
Inland Geodetics, L.P. '�' s�5T�r•" V
1504 Chisholm Trail Road, Suite 103
Round Rock,TX 78681 STCOI*N TRUESDALt
4933
PARCEL-1.doc
May 10, 2006
EXHIBIT " "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
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.If,,T.1
Q, 0. 184 AC
Q 7,994 S0.Lo
5! `o LOT I
CH I SHOLM VALLEY
. 7� SOUTH 1 �;
= SECTION 2 J i
. E. SLD. 1-2 1
1421-62 82 CABP.R.W.C.T.
s 175.74' RT I
LOT 6 o
o F IRST STATE BANK..
6+i d
1 - OF TEXAS:`'/
w'Q ;DOC. NO. 9914255
0.R.W.C.,T.;-
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EXHIBIT "
PLAT TO ACCOMPANY PARCEL DESCRIPTION
LEGEND
■ TYPE I CONCRETE MONUMENT FOUND LOT I
CHISHOLM VALLEY
IRON ROD FOUND (UNLESS NOTED OTHERWISE ) SOUTH SECTION 2
TO BE REPLACED BY TYPE II MONUMENT SET
❑o TYPE II MONUMENT SET
• 1/2 " IRON ROD FOUND P.O. B.
O 1/2 " IRON ROD FOUND W/PLASTIC CAPRCEL 1
«68.39
O 112 IRON PIPE FOUND 14 RT
O 1/2 " IRON ROD SET W/
TXDOT ALUMINUM CAP LOT I
® PK NAIL FOUND UBDIVISION
0 RAILROAD SPIKE FOUND M VALLEY SOUTH
COTTON GIN SPINDLE SET CTION FIVE
0 COTTON GIN SPINDLE FOUND 67
0 CALCULATED POINT ' RT
C CENTER LINE
I: PROPERTY LINE DETAIL "A'
( I RECORD INFORMATION "`s
�- LINE BREAK
N LAND HOOK
N 8j32'05'P.0.B. POINT OF BEGINNING 5P.0.R. POINT OF REFERENCE RL1AD
N. T. S. NOT TO SCALED.R.W. C. T. DEED RECORDSLOT I
WILLIAMSON COUNTY, TEXAS SHOLM VALLEY
R.P. R.W.C. T. REAL PROPERTY RECORDS TH SECTION 2
WILLIAMSON COUNTY, TEXAS
0.P.R.W. C.T. OFFICIAL PUBLIC RECORDS DETAIL 'B'
WILLIAMSON COUNTY, TEXAS a
P.R.W.C. T. PLAT RECORDS
ts
WILLIAMSON COUNTY, TEXAS
NLMBER DIRECTION DISTANCE
Ll S 16°43'41' E 25.22'
L2 N 29- 12'55- W 2.40'
NLMBER DELTA ANGLE RADIUS TANGENT ARC LENGTH CHORD LENGTH CHORD DIRECTION
Cl 03'25'341500.00' 44.86' 89.70' 89.68' S 65- 15'50- W
NOTESi
Il ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. ALL DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL ZONE,
USING A COMBINED SURFACE ADJUSTMENT
FACTOR OF 1.00012.
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.
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 ND'- E •
SUPERVISION. M. STEPHEN TRUESDALE
4933 t
M. STEPHEN TRUDALE DATE,
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933-STATE OF TEXAS
LICENSED STATE LAND SURVEYOR-STATE OF TEXAS
PACE 4 CF 4
I N L A N D
PARCEL PLAT SHOWING PROPERTY OF
A Texas Deporfinenl of Transportotlon
P FIRST STATE BAN( �3
GEODETICS OF TEXAS
PROFESSIONAL LAND SIRYEYO@5
1501 CHISOLM TRAIL RD. SUITE 103 UNT Y
RODND ROCK, TX. 78661 SCALE CSJ PROJECTPARCEL
PN 1512)236 1200,fA1 ISI?)271-1251 1 = 50' 0015-09- 1 H CROSS S NG FCLo'A.SO'j L
DATE: September 6, 2007
SUBJECT: City Council Meeting - September 13, 2007
ITEM: 10C1. Consider an ordinance determining the public necessity for the
acquisition of certain property interests for the proposed Hesters
Crossing improvement project, and if necessary, authorizing the
City Attorney to initiate eminent domain proceedings to acquire
this needed property from Wells Fargo Bank. (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 for completion of the Hesters Crossing 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 the offer of $149,628.00.
Public Comment: N/A