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HomeMy WebLinkAboutRES 022608-V - Railroad Tunnel Esmt PCNRESOLUTION NO. 0 2 2 [P © 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AMENDING RESOLUTION 062607-0 AND FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR ACQUISITION OF A PERMANENT TUNNEL EASEMENT TO EFFECTUATE CERTAIN PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition of a permanent tunnel easement under the property described in the attached Exhibit "A", lying below elevation 820 feet MSL, North American Vertical Datum of 1988 ("NAVD88 ') which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Property," for construction, reconstruction, improvement, operation, use, maintenance and extension of an underground tunnel, conduit, casement, electrical transmission line, and appurtenances thereto (the "Project"); and WHEREAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of the City, lay out the Project and acquire the necessary easements upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of electric transmission lines, and appurtenances thereto; and, WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title companies, architects or other persons or companies to effect the laying out, establishment, and acquisition of the Property and the Project; WHEREAS, in order to acquire a tunnel easement on the Property, it will be or has been necessary for the City's agents, representatives, or employees to enter upon the Property for the purposes of surveying and establishing said land titles and to determine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and, WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for each of the parcels to be acquired for the Project; Resolution No. 02 2& 08- V Amended Georgetown Railroad Co. PCN-hD Resolution (Project Lone Star Electric Service) Page 1 of 3 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 1. That in order to promote the public health, safety, and welfare, public convenience and necessity require the construction, reconstruction, improvement, operation and maintenance and extension of water, wastewater, electric, or other public utility lines under the real property described in the attached Exhibit "A", lying below elevation 820 feet MSL, NAVD88. 2. That public convenience and necessity requires acquisition of a permanent tunnel easement under the property described in the attached Exhibit "A", lying below elevation 820 feet MSL, NAVD88 for purposes of construction, reconstruction, improvement, operation, use, maintenance and extension of an underground tunnel, conduit, casement, electrical transmission line, and appurtenances thereto (the "Proj ect") 3. That the City's agents, representatives, or employees are hereby authorized to: a. Lay out the exact location of the land area needed from the Property or other properties; b. Hire such engineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to effect the laying out of the facilities, the establishment and acquisition of the required easements, and the construction of the utility lines, and appurtenances thereto; Enter upon any property necessary for the purpose of surveying and establishing the title to determine adequate compensation for the easements, and to conduct tests; Negotiate with the owners of any such properties for the purchase thereof; e. To purchase a tunnel easement under the Property, and execute all documents necessary to acquire such easements, all subject to express approval of the specific, negotiated teiins by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for easement title for the Utility Easement in the event the owner(s) fail to accept a bona fide offer to purchase the Utility Easement(s); and g• Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 5. That all previous acts and proceedings done or initiated by the City's agents, representatives, or employees for the establishment of the Project including the negotiation for and/or acquisition of any necessary property rights in the Property and the Resolution No. 0 2 2 & ©t 17 Amended Georgetown Railroad Co. PCN-ED Resolution (Project Lone Star Electric Service) Page 2 of 3 Tunnel Easement are hereby authorized, ratified, approved, confitiued, and validated. This resolution shall take effect immediately from and after its passage. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown 7. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of Georgetown this Al & day of February, 2008. ATTEST: t Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, 11LP City Attorney THE, CITY OF GEORGETOWN: Gry Nelon, Mayor Resolution No. 022(o ©8 V Amended Georgetown Railroad Co. PCN-ED Resolution (Project Lone Star Electric Service) Page 3 of 3 LEGAL DESCRIPTION FOR A PROPOSED PUBLIC UTILITY EASEMENT BEING 0.038 of an acre of land, situated in the John Powell Survey Abstract No. 491, in Williamson County, Texas, said land being a portion of the Georgetown Railroad 100-foot-wide Right -of -Way as conveyed to the Georgetown Railroad Company, Inc., by deed as recorded in Volume 429, Page 179, of the Deed Records of Williamson County, Texas Surveyed on the ground in the month of February, 2007, under the supervision of Brian F. Peterson, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found on the West line of the above referenced Georgetown Railroad 100-foot-wide Right -of -Way, marking the Southwest comer of that certain Electric Line Easement and Right -of -Way, called 0.024 of an acre, as conveyed to the Lower Colorado River Authority as recorded in Volume 2253, Page 154 of the Deed Records of Williamson County, Texas, for the Northwest corner hereof; THENCE, S 87°26'15" E, 110.66 feet to an iron pin set on the East line of the said Georgetown Railroad 100-foot-wide Right -of -Way for the Northeast corner of the said 0.024 of an acre Electric Line Easement and Right -of -Way, for the Northeast corner hereof; THENCE, along the said East line of the Georgetown Railroad 100-foot-wide Right -of -Way, S 18°25'45" E, 16.07 feet to an iron pin set for the Southeast comer hereof; THENCE, N 87°26'15" W, 110.66 feet to an iron pin set on the said West line of the Georgetown Railroad 100-foot-wide Right -of -Way, for the Southwest corner hereof; THENCE, N 18°25'45" W, 16.07 feet to the Place and BEGINNING and containing 0.038 of an acre of land. Note: The above referenced 0.038 of an acre tract of land shall have the benefit of a 20-foot- wide temporary construction easement along, adjacent to and 20 feet in width along the entire South line of the said 0.038 of an acre tract. STATE OF TEXAS } COUNTY OF WILLIAMSON } KNOW ALL MEN BY THESE PRESENTS: I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct. To certify which, witness hand and seal at Georgetown, Williamson County, Texas, this the 9t day of !mot/�•a / , 2007, A.D. Regist 21033d-ld Brian F. Peterson onal Land Surveyor,No. 3967 State of Texas STEGE';::IZZELL 1978 S. Austin Are 3eorgetown, TX 78626 (512) 930-9412