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R-2017-4459 - 5/25/2017
RESOLUTION NO. R-2017-4459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY AND AUTHORIZING THE CITY'S ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY INTERESTS WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City of Round Rock, Texas ("City"), the State of Texas, acting by and through the Texas Transportation Commission and Texas Department of Transportation ("TxDoT"), and the public-at-large to construct certain roadway improvements to RM 620, and to perform associated public uses and purposes ("Project"); and WHEREAS, in accordance with the above, the City Council hereby finds that public necessity requires the acquisition of fee simple title to approximately 0.029 acre (Parcel 24) of land, located in Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A" attached hereto, such property being owned by SOVEREIGN HOSPITALITY GROUP OF ROUND ROCK, INC. (the "Property"), for the public use of construction, reconstruction, widening, maintaining, and operating of the RM 620 roadway improvements and related facilities and utility adjustments and relocation ("Project"), excluding all the oil, gas, and sulphur which can be removed from beneath said real property, without any right whatever remaining to the owner of such oil, gas, and sulphur of ingress to or egress from the surface of said real property for the purpose of exploring, developing, or mining of the same, as a part of the improvements to the Project, at such locations as are necessary and that such constructing, reconstructing, maintaining, and operating shall extend across and upon, and will cross, run through, and be upon the herein described real Property; WHEREAS, it is necessary to establish procedures for determining and approving just compensation, and completing acquisition of the Property for this Project. 01111704,00378421 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 coordinate with TxDoT to construct and maintain roadway improvements in the City 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, TxDoT, and/or its assigns to complete said Project. Section 2. The City Attorney, or his designated agent, has on behalf of the City to attempted to negotiate, settle and agree on compensation to be paid to the owners of any interest in the Property, and has made 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 or his designated agent is hereby authorized to file or cause to be filed, against the owners and holders of other related interest in the Property, proceedings using the City's power of eminent domain to acquire the stated interest in and to the above described lands, in order to allow the City, TxDoT and/or their 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 resolution 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 resolution of the City Council authorizing the condemnation of the corrected or revised Property. 2 Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 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. RESOLVED this 25th day of May, 2017. CRAIG ORGAyor City of Round RoVexas ATTEST: SARA L. WHITE, City Clerk 3 Reissued 12/04/15 Page 1 of 4 EXHIBIT County: Williamson Highway: R. M. 620 Limits: Deepwood Dr. to IH 35 CSJ: 0683-01-092 PROPERTY DESCRIPTION FOR PARCEL 24 DESCRIPTION OF A 0.029 ACRE (1,244 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF THE COMFORT SUITES SUBDIVISION RECORDED IN CABINET P, SLIDES 174-175 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND CONVEYED TO SOVEREIGN HOSPITALITY GROUP OF ROUND ROCK, INC. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2002056223 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.029 ACRE (1,244 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a '/z" iron rod set stamped "Inland 4933", 281.71 feet left of proposed Ranch to Market (R.M.) 620 baseline station 504+30.56, being the most northwesterly corner of that 0.525 acre tract of land conveyed to Walton Cotton Revocable Trust by instrument recorded in Document No. 2011005529 of the Official Public Records of Williamson County, Texas, same being an angle point in the westerly right-of-way (ROW) line of the south bound frontage road of I.H. 35, being the easterly boundary line of said Lot 1; THENCE, with the common boundary line of said Lot 1 and said 0.525 acre tract, S 11'09'53" W for a distance of 217.58 feet to a '/Z" iron rod with TxDOT aluminum cap set, 67.68 feet left of proposed R.M. 620 baseline station 504+69.69, being the curving proposed northerly ROW line of R.M. 620, (ROW width varies), for the most northeasterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE departing said proposed northerly ROW line, with said common boundary line, S 11009'53" W a distance of 44.90 feet pass a %" iron rod found and continuing for a total distance of 45.35 feet to a calculated point, being the existing northerly ROW line of R.M. 620, (80' ROW width), for the most southeasterly corner of said Lot 1, some being the most southwesterly corner of said 0.525 acre tract, for the most southeasterly corner of the herein described parcel; 2) THENCE, departing the westerly boundary line of said 0.525 acre tract, with said existing northerly ROW line, same being the southerly boundary line of said Lot 1, N 7003224" W for a distance of 25.26 feet to a calculated point, being the most southeasterly corner of Lot 1 of the Wendy Subdivision recorded in Cabinet K, Slide 123 of the Plat Records of Williamson County, Texas and conveyed to Pisces Food, LLC by instrument recorded in Document No. 9542882 of the Official Public Records of Williamson County, Texas, being an angle point in the southerly boundary line of said Lot 1 (Comfort Suites Subdivision), for the most southwesterly corner of the herein described parcel; 3) THENCE, departing said existing northerly ROW line, with the common boundary line of said Lot 1 (Wendy's subdivision) and said Lot 1 (Comfort Suites Subdivision), N 11009'53" E for a distance of 54.38 feet to a '/" iron rod with TxDOT aluminum cap set, 75.66 feet left of proposed R.M. 620 baseline station 504+42.82, with said proposed northerly ROW line of R.M. 620, for the most northwesterly corner of the herein described parcel; Reissued 12/04/15 Parcel 24 Page 2 of 4 THENCE, departing said common boundary line, with said proposed northerly ROW line, through the interior of said Lot 1 (Comfort Suites Subdivision), the following two (2) courses: 4) S 51°12'16" E for a distance of 9.25 feet to a '/i' iron rod with TxDOT aluminum cap set, (to be replaced with TxDOT Type II monument) 72.91 feet left of proposed R.M. 620 baseline station 504+51.65, for a point of curvature to the left; 5) Along said curve to the left, having a delta angle of 02013'41", a radius of 483.00 feet, an arc length of 18.78 feet, and a chord which bears S 52019'05" E for a distance of 18.78 feet to the POINT OF BEGINNING,containing 0.029 acres(1,244 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. Z�- r/,.— A� / M. Stephen Tru dale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC .�� ..•••••., Firm Registration No: 100591-00 1 ;�T•k13� x y� � 1504 Chisholm Trail Road, Suite 103 :i J�,•+r 11ll�� Round Rock, TX 78681 M.STEPHEN TRUESDALE EXHIBIT " " PLAT TO ACCOMPANY PARCEL DESCRIPTION Reissued 12/04/15 PAGE 3 OF 4 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C I 02° 1 3' 4 1 " 483. 00' 18. 78' 18. 78' S52- 19'05"E SFF BROKE is off, SOVEREIGN HOSPITALITY rq% GROUP OF 90 25 50 ROUND ROCK INC. LOT I DOC. NO. 2002056223 — —i O.P.R.W.C. T. m 1 " = 50' COMFORT SUITES P.O. R. SUBDIVISION (+/-2. 27' AC. ) PARCEL 24 ' CAB. P, SL. 1 74-1 75 /Z' STA. 50430.56 P.O. R. Q ' Ul P.R.W. C. T. . , 11�"t 281.71' LT PARCEL 24 1 STA. 504.30.56 �ST1NG I LOT I` P,281.71' LT EXR 0.`8• ` O 1 2c a�P 583° 2 34"E t �'Ay ' I . 1 0' N LOT i 18 iS81°53' 38"E) �, DETAIL "A" N' w N. T, S. LOT 1 Ly' 0 ` ':�� :�-- y 0. 874 AC. LA to WENDY'S SUBDIVISION m N s 1- NII' 09'53"E CAB. K, SL. 1 23ro' ' ;�+ 0. 45' P.R.W. C.T. p -' THE WALTON COTTON v 24 n�Lfl 91 on REVOCABLE TRUST (0. 525 A. ) (0. 525 AC. ) O 6'� DOC. NO. 201 1005529 EXISTING R.O.W. PISCES FOOD, LLC ' 0. P. R.W. C. T. DOC. NO. 9542882 ,✓ STA. 504.51.65 o. P. R.W. C. T. 72.91- L R. M. 620 ' P. 0. B. PARCEL 24 DETAIL "B" STA. 504+69.69 PROPOSED R 0 `' , 67.68' LT N. T. S. 0 C/, 0.029 AC. 1.244 SO. FT. STA. 504-42.62 0 O 75.66' LT .0 0 N70° 32'.24' W 8B. B7' (L2) EXISTING R.O.W. L2 PROP05ED R.M. G20 DASELINE 503.00 SGB'28'35'E 883,35' 5041.00 n 505.00 N P O PROPOSED R.M. 620 BASELINE R. M. 620 NUMBER D I RECT ION DISTANCE PI STATION 506.61.32 (80' R.O.W. WIDTH) DELTA 08' 44' 04' (LT) Ln L I S I 1'09'53"W 45. 35' ul DEGREE OF CURVE = 02' 35' 33" d TANGENT 168.78 L2 N70° 32' 24"Yl 25. 26' = LENGTH = 336.90 (1-2) (N70° 1 2' 56"W) (25. 04' ) RAD 1U5 = 2210.00 EXISTING R.O.W. PC STATION = 504.92.55 L3 NI1°09' 53"E 54. 38' PT STATION = 508 29.45 P.C. P. I. P.T. L4 551° 12' 16"E 9. 25' X=3129984.2848 X=3130141.2941 X=3130305.8858 Y=10160295.0466 Y=10160233. 1239 Y=10160195.7621 PARCEL PLAT SHOWING PROPERTY OF GEODETICS . I L A N D u SOVEREIGN HOSPITALITY Texas Department of Transportation PROFESSIONAL LAND SURVEYORS GROUP OF ROUND ROCK, INC. 1504 CHIS TRAIL ft 103 ROUNDD ROCK,TX.78868181 SCALE CSJ >r PROJECT COUNTY PARCEL 24 ROCK, PH.(512)238-1200,FAX(512)238-1251 I „ = 50- 0683-01-092 RM 620 W I LL I AMSON EXHIBIT " k " ACCOMPANYPLAT 70 AReissued 12/04/15 PAGE 4 OF 4 LEGEND IN TXDOT TYPE I CONCRETE MONUMENT FOUND R PROPERTY LINE D %2" IRON ROD SET W/ TXDOT ALUMINUM CAP ( ) RECORD INFORMATION TO BE REPLACED BY TYPE II MONUMENT LINE BREAK Q TXDOT TYPE II CONCRETE MONUMENT FOUND N LAND HOOK P.O. B. POINT OF BEGINNING 0 1/2" IRON ROD FOUND UNLESS NOTED P.O. R. POINT OF REFERENCE O 1/2" IRON ROD FOUND W/PLASTIC CAP N. T. S. NOT TO SCALE D. R.W. C. T. DEED RECORDS © COTTON GIN SPINDLE FOUND WILLIAMSON COUNTY, TEXAS X X CUT FOUND 0. R.W. C. T. OFFICIAL RECORDS A 60/D NAIL FOUND WILLIAMSON COUNTY, TEXAS 0. P. R.W. C. T. OFFICIAL PUBLIC RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS O %2" IRON ROD W/ ALUMINUM CAP P. R.W. C. T. PLAT RECORDS STAMPED "TXDOT" SET WILLIAMSON COUNTY, TEXAS (UNLESS NOTED OTHERWISE) rL CENTER LINE Il All bearings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone using a combined surface adjustment factor of 1,00011. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 9691-14-1034, ISSUED BY TEXAS AMERICAN TITLE COMPANY, EFFECTIVE DATE JANUARAY 22, 2014, ISSUE DATE JANUARY 31, 2014. I. RESTRICTIVE COVENANTS: CABINET P, SLIDE 174, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. JOE. A PUBLIC UTILITY EASEMENT 25 FEET IN WIDTH ALONG THE ENTRANCE LANE OF SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF, AFFECTS AS SHOWN. F. DRIVEWAY ACCESS FROM RM 620 IS RESTRICTED TO ONE LANE ONLY AND IS FOR INGRESS PURPOSED ONLY AS STATED ON THE PLAT RECORDED IN CASBINET P. SLIDE 174, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. G. A WATERLINE EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED UNDER VOLUME 1502, PAGE 905, OF THE OFFICIAL RECORDS OF WILLAIMSON COUNTY, TEXAS, AFFECTS AS SHOWN. H. A PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED IN DOCUMENT NO. 2000048523, OF THE OFFICIAL PUBLIC RECORDS OF WILLAIMSON COUNTY, TEXAS, DOES NOT AFFECT. 1. A PUBLIC UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK, BY INSTRUMENT FILED IN DOCUMENT NO. 2000048524, OF THE OFFICIAL PUBLIC RECORDS OF WILLAIMSON COUNTY, TEXAS, DOES NOT AFFECT. J. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN WATER POLLUTION ABATEMENT PLAN AS REFERENCED IN AFFIDAVIT RECORDED IN DOCUMENT NO. 9858135, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, K. TERMS, CONDITIONS, AND PROVISIONS OF THAT CERTAIN RECIPROCAL ACCESS AND PARKING AGREEMENT, BY AND BETWEEN SOVEREIGN HOSPITALITY GROUP OF ROUND ROCK, INC., AND PISCES FOODS, L.P., RECORED UNDER DOCUMENT NO. 2000042463, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 11 OF I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT dy •4 e, TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A •�isssan.�ws�s�sa+++www SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND t'1, M STEP4NTRUESpALE SUPERVISION. \, •ati ..w+a«w««�.r.+r 3 49W ,44 rlAlt�,Od 0A1AAZ0 Sua ' M. STEPHEN TRUESDALE DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SOUARE FEET LICENSED STATE LAND SURVEYOR ACQUISITION 0.029 1,244 INLAND GEODETICS. LLC FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA +/-2,27 98,881 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TX 78681 REMAINDER AREA +/-2.24 97,637 PARCEL PLAT SHOWING PROPERTY OF �. I N L A N D u S D V E R E I G N H O S P I T A I T Y c1=oDE-ncs ,Texas Department of Transportation PROFESSIONAL LAND SURVEYORS GROUP OF ROUND ROCK, INC. 1504CHISDROCK,TRAIL X.786TE.103 SCALE CSJ tt PROJECT PARCEL 24 ROUND ROCK,7X.78681 COUNTY iq PH.(512)238-1200,FAX(512)238-1251 1 = 50' 0' 0683-01-092 RM 620 WILLIAMSON