G-07-09-27-14D1 - 9/27/2007 ORDINANCE NO. &" 0 - Oq-� 7 -114DI
1
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 0.531 ACRE; GIVING NOTICE OF
OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO
CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE OLD
SETTLERS BOULEVARD (FORMERLY KNOWN AS KIPHEN
ROAD) 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 Old Settlers Boulevard (formerly known
as Kiphen Road) 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 . 531 acre of land
in Williamson County, Texas, from Camco Land, Ltd. ; 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\070927D1.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 .
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 .
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 l`with.
READ, PASSED, and ADOPTED on first reading this I 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 .
00
MAXWELL, Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
4
PARCEL: 1 Page 1 of 5
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.531 ACRE (23,148 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE GEORGE W. GLASSCOCK
SURVEY, ABSTRACT NO. 287, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THE REMAINDER OF THAT
CALLED 275.214 ACRE TRACT OF LAND (TRACT 4),
CONVEYED TO CAMCO LAND LTD. BY INSTRUMENT
RECORDED IN VOLUME 2491, PAGE 303 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.531
ACRE(23,148 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING FOR REFERENCE at a found 3/8" iron rod at an interior ell comer in the easterly
boundary line of the remaining portion of said 275.214 acre tract, 418.26 feet right of proposed
Kiphen Road baseline station 12+41.93, being the northwesterly corner of that called 2.411 acre
tract of land conveyed to Texas Power and Light Company by instrument.recorded in Volume
1389, Page 309 of the Official Records of Williamson County, Texas;
THENCE, with common boundary line of the remaining portion of said 275.214 acre tract and
said 2.411 acre tract, N 80°12'07" E, passing at a distance of 257.88 feet, a found 1/2" iron rod,
and continuing for a total distance of 258.75 feet to a calculated point in the westerly boundary
line of that called 11.301 acre tract of land (Tract 1), conveyed to GCLC Ltd., by instrument
recorded in Document No. 2001032406 of the Official Public Records of Williamson County,
Texas, being an exterior ell comer in the easterly boundary line of the remaining portion of said
275.214 acre tract and the northeasterly comer of said 2.411 acre tract;
THENCE, departing the northerly boundary line of said 2.411 acre tract, with the common
boundary line of the remaining portion of said 275.214 acre tract and said 11.301 acre tract,
N 20016119" W for a distance of 351.68 feet to a set 1/2" iron rod with a City of Round Rock
aluminum cap in the proposed curving south right-of-way line of Kiphen Road, 52.00 feet right of
proposed Kiphen Road baseline station 13+58.65, being the southeasterly corner and POINT
OF BEGINNING of the herein described tract;
THENCE, departing the westerly boundary line of said 11.301 acre tract, through the interior of
the remaining portion of said 275.214 acre tract, with the proposed south right-of-way line of
Kiphen Road, the following two courses:
1) Along a curve to the right, having a delta angle of 16033'10", a radius of 746.49
feet, an are length of 215.66 feet, and a chord which bears S 89°54'31" W for a
distance of 214.91 feet to a set 1/2" iron rod with a City of Round Rock aluminum
cap, 52.00 feet right of proposed Kiphen Road baseline P.C. station 11+58.01;
PARCEL: 1 Page 2 of 5
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
2) N 81048154" W for a distance of 47.26 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap in the easterly boundary line of that called 1.179 acre
tract of land conveyed to the State of Texas by instrument recorded in Document
No. 2004096729 of the Official Public Records of Williamson County, Texas
same being the existing east right-of-way line of F.M. 1460 (right-of-way width
varies), 52.00 feet right of proposed Kiphen Road baseline station 11+10.75,
being the southwesterly comer of the herein described tract, from which a found
TxDOT Type II monument in said existing east right-of-way line of F.M. 1460
bears S 57010'06"W,.a distance of 71.36 feet;
THENCE, departing the proposed south right-of-way line of Kiphen Road, with the common
boundary line of the remaining portion of said 275.214 and said 1.179 acre tract, same being
said existing east right-of-way line of F.M. 1460, the following two(2) courses:
3) N 57°10'06" E for a distance of 8.14 feet to a found TxDOT Type II monument,
being an angle point in the westerly boundary line of the herein described tract;
4) N 21006'36" E for a distance of 97.12 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap in the proposed north right-of-way line of Kiphen
Road, 48.00 feet left of proposed Kiphen Road baseline station 11+38.62, being
the northwesterly corner of the herein described tract, from which a found TxDOT
Type II monument at an angle point in said east right-of-way line of F.M. 1460, .
bears N 21006'36" E, a distance of 9.79 feet;
THENCE, departing said existing east right-of-way line of F.M. 1460, through the interior of the
remaining portion of said 275.214 acre tract, with the proposed northerly right-of-way line of
Kiphen Road, the following two courses:
5) S 81048'54" E for a distance of 19.40 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap at the beginning of a curve to the left, 48.00 feet left
of proposed Kiphen Road baseline P.C. station 11+58.01;
6) Along said curve to the left, having a delta angle of 10°35'03", a radius of 646.49
feet, an arc length of 119.43 feet, and a chord which bears S 87006126" E for a
distance of 119.26 feet to a set 1/2" iron rod with a City of Round Rock aluminum
cap at the southwesterly terminus of the cutback right-of-way line extending
between said proposed northerly right-of-way line of Kiphen Road and the
proposed westerly right-of-way line of Kiphen Circle, 48.00 feet left of proposed
Kiphen Road baseline station 12+86.30, being an angle point in the northerly
boundary line of the herein described tract;
PARCEL: 1 Page 3 of 5
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
7) THENCE, continuing through the interior of the remaining portion of said 275.214
acre tract, with said proposed cutback right-of-way line, N 34°46'22" E for a
distance of 54.21 feet to a set 1/2" iron rod with a City of Round Rock aluminum
cap in the common boundary line of the remaining portion of said 275.214 acre
tract and that called 46.526 acre tract of land conveyed to Northpark at Old
Settlers, Ltd., by instrument recorded in Document No. 2004068735 of the
Official Public Records of Williamson County, Texas, same being said proposed
westerly right-of-way line of Kiphen Circle, 90.31 feet left of proposed Kiphen
Road baseline station 13+23.97, being the northeasterly corner of the herein
described tract;
8) THENCE, departing said proposed westerly right-of-way line of Kiphen Circle,
with said common boundary line, S 20016'19" E, passing at a distance of 143.23
feet, a calculated point, being an exterior ell corner in the westerly boundary line
of said 46.526 acre tract and the northwesterly comer of said 11.301 acre tract,
and continuing for a total distance of 146.20 feet to the POINT OF BEGINNING,
containing 0.531 acres, (23,148 square feet)of land, more or less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
This property description is accompanied by a separate plat.
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 Trtlesdale Date
Registered Professional Land Surveyor No. 4933 —�
Licensed State Land Surveyor 0�
Inland Civil Associates, L.L.C. �p� ��`s ye,%.4-
1504 Chisholm Trail Road
Suite 103 M.STEPWN TRUES -ALE
Round Rock, TX 78681 49 �«r
512-238-1200 �'
7 ':�tsstii�io
KIPHEN ROAD—PARCEL 1
LEGEND "
w
■ TYPE I CONCRETE MONUMENT FOUND
10 TYPE II MONUMENT FOUND f
• 1/2 " IRON ROD FOUND
0 1/2 - IRON ROD SET W/ s
CITY OF ROUND ROCK ALUMINUM CAP O 50 100
A CALCULATED POINT
CENTER LINE
Q PROPERTY LINE 1 / 1' = 100'
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS �►�`'
WILLIAMSON COUNTY, TEXAS / I o�'
O.R.W.C.T. OFFICIAL RECORDS //
WILLIAMSON COUNTY, TEXAS z
P.R.W.0-T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS t4 -R=S DONAHO SURVEY,
�-- LINE BREAK / ABSTRACT NO. 173
PROPOSED R.O.W.
r
2 EXISTING R.O.W.
/ EXISTING C.R. 113 - KIPHEN ROAD
GEORGE W. GLASSCOCK SURVEY,
(PRESCRIPTIVE R. R.O.W. wlDTll VARIES)
S68'16'42"W EXISTING R.O.W-
ABSTRACT NO. 287 , 106.02'
0
u
_0
�o o s m
z0 Nov NORTHPARK AT
,'^.,-, N o�c OLD SETTLERS, LTD.
90 (46.526 A C.)
Q lb o, 00o N j=orn DOC. f 2004068735
W, pFge i° ,y�1 • n+ 1c�Z
38.0O.P.R.W.C.T.
0 sz -LT �C)
C2ry`p`Y , ti f '11 i7 0 R K t1�4 . 13+219
-� L1 W b 90-31'LT
7.10� . �
$5 5100 RT \ 12+ ,30 -' PROPOSED R.O.W.
0.531 A-C- Lo' °'_ PROPOSED KIPHEN ROAD
11+10.75 p� 23,148 SQ. FT. a (��' R-0.w. wwTH)
52.00'RT 1�� 15+00
PROPOSES KIPENI ROAD BASELINE
G
SEE DETAIL'A'
PPARCEL 7
PROPOSED R O.W.
ON OjiY 13+58.85
� N81'406,0-E 52. RT
Ci CAMCO LAND, LTD. rn 1
-�= REMAINDER OF _Z 1
(275.214 AC.) GCLC, LTD.
Pon TRACT 4 •(11.301 AC.)
PARCEL 1 VOL. 2491, PG 303 TRACT 1
152W3+5&85 RT I O.R.W.C.T. DOC. 12001032406
1 O.P.R.W.C.T.
w�TEXAS POWER AND DETAIL.A. 3/11'IRF N80'12'07"E
UGHT COMPANY � � _ 0.87'
POR / N 8072.0
VOL.(1389, PG. 309 z'+�R3�1�93RT I 25J'
58 g 887`E�
O.R.W.C.T. _ PAGE 4 OF 5
IN LAN D RIGHT -OF WAY SKETCH
GEODETICS P KIPHEN ROAD
PROFESSIONAL WILLIAMSON COUNTY, TEXAS
1504 CHISHOLM TRAIL RD. STE.103
ROUND ROCK,TX.78681 PARCEL l
PH.1512)238-1200.FAX612)238-1251
a
NUMBER DELTA ANGLE RADIUS ITANGENT JARC LENGTH ICHORD LENGTH IGHORD DIRECTION
C1 16'33'10" 746.49' 1 108.59' 215.66' 1 214.91' S 89'54'31" W
C2 10'35'03" 646.49' 1 59.8$ 119.43 119.26' S 87'06'26" E
NUMBER DIRECTION DISTANCE
L1 N 57'10'06" E 8.14'
L2 N 81'48'54" W 47.26'
L3 S 20'16'19" E 2.97'
L4 N 21'06'36" E 9.79'
L5 S 81'48'54" E 1 19.40'
NOTES:
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, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS
OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELI
serr"Gtq�S��
M.STEPHEN 7R SDS j?
lE
4933 �.
M. s TRu ALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 s><JEt
LICENSED STATE LAND SURVEYOR PAGE 5 OF 5
1 N LAN d RIGHT OF WAY SKETCH
GEODETICS P KIPHEN ROAD
PROFESSIONAL LAND SURVEYORS
I SO4 CHISHOLM TRAIL RD. STE.103 WILLIAMSON COUNTY, TEXAS
ROUND ROCK,TX.78681 PARCEL 1
PH.(512)239-1200,FAX(512)238-12SI
DATE: September 20, 2007
SUBJECT: City Council Meeting - September 27, 2007
ITEM: 14D1. Consider an ordinance determining the public necessity for the
acquisition of certain property interests for the proposed Old
Settlers Boulevard (formerly known as Kiphen Road)
improvement project, and if necessary, authorizing the City
Attorney to initiate eminent domain proceedings to acquire
necessary property interests from Camco Land, Ltd. (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 for the completion of the proposed Old Settlers
Boulevard (formerly known as Kiphen Road) project. The construction of this project will
accommodate increase traffic in the City.
Funding:
Cost: N/A
Source of funds: N/A
Background Information:
The landowner has not accepted the offer of $278,000. The current demand from the
landowner is $499,000. There is a difference of opinion in this case regarding damages to the
northern remaining property after bisection by the project.
Public Comment: N/A