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HomeMy WebLinkAboutRES 010907-N - CCN & Domain Threadgill OilRESOLUTION NO. ©/ o 9 o 7' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN, IF NECESSARY, FOR AN EASEMENT ACQUISITION FOR PUBLIC SAFETY REGARDING IMPROVEMENTS TO AUSTIN AVENUE -- THREADGILL OIL, INC. PROPERTY; 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 roadway clearance easement and denial of access as described graphically in the attached Exhibit "A" and by metes and bounds in the attached Exhibit "B," both incorporated herein by reference as if fully set out and subsequently referred to as the "Property," said roadway clearance easement and denial of access being acquired for public safety purposes in conjunction with improvements to Austin Avenue (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 roadway and access and to acquire an easement across the Property for the purposes of public safety, construction, reconstruction, operation, and maintenance of the roadway, utility 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 said easement and access; and, WHEREAS, in order to acquire the Property, it will be or has been necessary for the City's agents, representatives, or employees to enter upon the Property for the purpose 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 roadway. Resolution No. 0 / ©9 ©? - N Austin Avenue Maintenance Project - Threadgill Oil Co., Inc. Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the Transportation Policy End 10.00 of the Century Plan - Policy Plan Element, which states: "Citizens and commercial goods move safely and efficiently throughout all parts of the City," and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. In order to promote the public health, safety, and welfare, public convenience and necessity require the acquisition of a roadway clearance easement and denial of access across the Property as described in the attached Exhibits "A" and "B,' with such easement being of the terms generally described in Exhibit "C," attached and incorporated herein by reference is if fully set out. SECTION 3. The City's agents, representatives, or employees are hereby authorized to: a. Lay out the exact location of the land 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 and easement to the required property, and the construction of the roadway facility, utility lines, and appurtenances thereto; c. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the easement, and to conduct tests; Negotiate with the owner of the Property for the purchase of a roadway clearance easement and denial of access as herein described; Resolution No. ©/©/ ©?® Austin Avenue Maintenance Project — Threadgill Oil Co., Inc Page 2 of 3 e. To purchase an easement across the Property, and execute all documents necessary to acquire such easement, all subject to express approval of the specific, negotiated terms by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for said roadway clearance easement and denial of access in the event the owner(s) fail to accept a bona fide offer to purchase the roadway clearance easement and denial of access; and Take whatever further actions deemed appropriate to economically effect the establishment of the roadway facility, utility lines, 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 roadway, including the negotiation for and/or acquisition of any necessary property rights in the Property are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. RESOLVED this ATTEST: day o Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney Resolution No. 0/07 2007. THE CITY OF GEORGETOWN: By: Austin Avenue Maintenance Project — Threadgill Oil Co., Inc. Page 3 of 3 g a i 19 010107t h " N x soum I A' 8 o1•69'00'E 14.72' MO 5$'IYE FOREST SURVEYING AND MAPPING CO. 1002 Ash St. • Georgetown, Tx. 78626 DESCRIPTION FOR TI-IREADGILL OIL CO. INC. — CITY OF GEORGETOWN PROPOSED CLEAR ZONE AND ACCESS LIMITATION BEING 0.04 acres, including part of Lots 3, 4, & 5 in Block 18 of the North Georgetown Addition, a subdivision addition to the City of Georgetown, of record in Cabinet A, Slide 249 Plat Records of Williamson County, Texas. This property is part of the same 0.27 acre parcel which was conveyed to Threadgill Oil Co. Inc. as described m a deed of record in Vol. 2518, Pg. 47, Official Records of Williamson County, Texas. This area has been described based on calculations and data collected in a survey made on the ground. in June of 2005, by William F. Forest, Jr., Registered Professional Land Surveyor No, 1847. • BEGINNING at a steel cotton spindle set in.2005 for the Northwest corner of the said 0.27 acre parcel which was conveyed to Threadgill Oil Co, Inc, as referenced above and as surveyed in 2005. This corner exists at the intersection of the South line of Spring Street with. the East line of Old U.S. Highway 8l (commonly known as North Austin Ave.), in the North line of said Lot 3. THENCE with the South line of Spring Street and the North line of said Block 18, following the North boundary of the 0.27 acre tract surveyed in June of 2005, N 89 deg. 08 min. E (LI) 11.32 feet to a an unmarked point. THENCE remaining parallel to and 10 feet Easterly from the East line of North Austin Avenue, with the arc of a curve (C1) to the left having a radius of 914 43 feet, 152.88 feet with the arc of the curve, the chord bears S 22 deg 26 min. 52 sec. W 152 70 feet to the South boundary of the said 0.27 acre parcel, an unmarked point. THENCE with the South line of the said 0.27 acre Threadgill tract, S 88 deg. 47 min. 40 sec. W (L2) 10.56 feet to an iron pin found m an asphalt driveway as existing m 2005. THENCE with the curved East R. O. W line of Old U.S. Highway 81 (a.k.a. North Austin Avenue), (C3) at N 18 deg. 19 min. 55 sec. E 30.00 feet along the arc of the curve, pass the beginning of a proposed denial of access area, continuing with a Denial of Access Zone, {sub -chord (C2) 122.63 feet with the arc of the curve, the chord bears N 23 deg. 06 min. 49 sec. E 122.54 feet}, combming the two sub -chords and continuing in all 152.63 feet with the arc of the curve to the right having a radius of 914.43 feet, the long chord bParsrl 22 deg. 10 min. 25 sec. E 152 45 feet to the POINT OF BEGINNING.. STATE OF i'EXAS • . KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON : 1, WM.. F. FOREST, JR., do hereby certify that this description was prepared based on calculations made this date and data collected in a survey was made on the ground of the 0 27 acre Threadgill Oil Co. property in July of 2005. Ownership and easement information for this tract -has not been researched or updated except as shown on the attached plat. TO CER FY WHICH, of 2006, A rd38: my hand and seal at Georgetown, Texas, this the 4th day of October earzone.doc .F. FOREST JR. REGIS I'ERED PROFESSION AND SURVEYOR NO. 1847 • ROADWAY CLEARANCE EASEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON § THAT Threadgill Oil Company, Inc,, a Texas corporation, hereinafter referred to as GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to Grantor in hand paid by the City of Georgetown, Texas, a Texas municipal corporation situated in the county of Williamson, Texas, hereinafter called GRANTEE, the receipt and sufficiency of which hereby acknowledged and confessed, and for which no lien, or encumbrance, expressed or implied, is retained, have this day GRANTED, SOLD, and CONVEYED and by these presents does' GRANT, SELL, and CONVEY unto Grantee, a permanent roadway clearance easement for public safety and the operation and maintenance of a public roadway upon and across all or any portion of the following described property, to -wit: That certain tract of land described by metes and bounds on the attached Exhibit "B,"and graphically on the attached Exhibit "A," both exhibits being incorporated herein by reference for all purposes. GRANTOR shall have no right of ingress and egress over, upon and across said permanent roadway clearance easement in the area denoted "Denial of Access Zone" on the attached Exhibit "A." GRANTOR shall retain the right of access to North Austin Avenue only within that portion of the permanent roadway clearance easement not denoted "Denial of Access Zone " however, GRANTOR may not use any portion of the permanent roadway clearance easement for parking, fueling, storage, or any other purpose not consistent with keeping the roadway clearance zone easement free of vehicles and obstructions. GRANTOR shall retain the right to enter onto the permanent roadway clearance easement area and remove any existing improvements in the event of a redevelopment of GRANTOR's property or reconfiguration thereof; GRANTOR shall not, however, have any right to erect any . new improvements within any of the permanent roadway clearance easement area other than landscaping throughout the easement area and drives within the easement area where access is permitted GRANTEE shall have the right at its discretion but not the duty to remove any and all existing improvements within the roadway clearance easement area, to construct landscaping, and to erect berms, curbs, or other structures within the roadway clearance easement area, and to enter onto the roadway clearance easement area as GRANTEE sees fit for purposes of constructing, operating, maintaining, replacing, upgrading, removing, and/or repairing such landscaping, berms, curbs, or other structures. TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anywise' belonging unto Grantee, and Grantee's heirs, executors, administrators, successors and assigns forever; and Grantor S. ci ©9©7® xhibifC pa.e does hereby bind Grantor, its heirs, executors, administrators, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the easement unto Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same, or any part thereof, together with the privilege at any and all times to enter said premises, or any part thereof, for the purposes of public safety and operation and maintenance of a public roadway GRANTOR does hereby bind itself, its successors, assigns and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every persons whomsoever lawfully claiming or to claim the same or any part thereafter. IN WITNESS THEREOF, Grantors have caused this instrument to be executed on this day of , 2006. GRANTOR. By: Signature Print Name ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned, a Notary Public in and for the County and State on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND .SEAL OF OFFICE this the day of 2006. s. at oq©7- Whit C Inge [SEAL} s, QI ©907- khibit e p Notary Public Signature My Commission Expires: 0 O a •� m yQ T w• Np,fe � /S'gY x-y dr /BpJ 666i J/ 3S040.109 - moron 341'+d3008 r: H,7Q .ozl NINON V m a.9169.00s .a vu a .00.00.10s ,91 H1n09 .el4 HWWON Re -54P GRF1 0i 4ffi !Jill a86' Ila s c z 41 En oo ti • e:cs: 4 eoatd907 *hit p ()FS d38: t eadill• earzone.doc FOREST SURVEYING AND MAPPING CO. 1002 Ash St, Georgetown, Tx. 78626 DESCRIPTION FOR TIADGILL OIL CO, INC. — CITY OF GEORGETOWN PROPOSED CLEAR ZONE AND ACCESS LIMITATION BEING 0.04 acres, including part of Lots 3, 4, & 5 in Block 18 of the North Georgetown Addition, a subdivision addition to the City of Georgetown, of record in Cabinet A, Slide 249, Plat Records of Williamson County, Texas. Thus property is part of the same 0.27 acre parcel which was conveyed to Threadgill Oil Co Inc. as described in a deed of record in Vol. 2518, Pg. 47, Official Records of Williamson County, Texas. This area has been described based on calculations and data collected in a survey made on the ground in June of 2005, by William F Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at a steel cotton spindle set in.2005 for the Northwest corner of the said 0.27 acre parcel which was conveyed to Threadgill Oil Co. Inc. as referenced above and as surveyed in 2005. This comer exists at the intersection of the South line of Spring Street with the East line of Old U.S. Highway 81 (commonly known as North Austin Ave.), in the North line of said Lot 3. a THENCE with. the South line of Spring Street and the North line of said Block 18, following the North boundary of the 0.27 acre tract surveyed in June of 2005, N 89 deg. 08 min. E (L1) 1.1.32 feet to a an unmarked point. THENCE remaining parallel to and 10 feet Easterly from the East line of North Austin Avenue, with the arc of a curve (C1) to the left having a radius of 914.43 feet, 152.88 feet with the arc of the curve, the chord bears S 22 deg. 26 min 52 sec. W 152 70 feet to the South boundary of the said 0.27 acre parcel an unmarked point. THENCE with the South line of the said 0.27 acre Threadgill tract, S 88 deg. 47 min. 40 sec. W (L2) 10.56 feet to an iron pin found in an asphalt driveway as existing in 2005. THENCE with the curved East R. O. W. Iine of Old U.S. Highway 81 (a.k.a. North Austin Avenue), (C3) at N 18 deg. 19 min. 55 sec. E 30.00 feet along the arc .of the curve, pass the beginning of a proposed denial of access area, continuing with a Denial of Access Zone, {sub -chord (C2) 122 63 feet with the arc of the curve, the chord bears N 23 deg. 06 min. 49 sec. E 122.54 feet), combining the two sub -chords and continuing in all 152.63 feet with the arc of the curve to the right having a rariius of914.43 feet, the long chord bears'l 22 deg. 10 min. 25 sec. E 152 45 feet to the POINT OF BEGINNING.. STA I'f OF i'EXAS • • : KNOW ALL MEN BY THESE PRESENTS; COUN 1'Y OF WILLIAMSON : I, WM. F. FOREST, JR., do hereby certify that this description was prepared based on calculations made this date and data collected in a survey was made on the ground of the 0 27 acre Threadgill Oil Co. property m July of 2005. Ownership and easement information for this tract -has not been researched or updated except as shown on the attached plat. , y hand and seal. at Georgetown, Texas, this the 4th day of October . `-CCyf` x .. ... F. FOREST JR. REGIS 1'LRED PROFESSION `'" AND SURVEYOR NO. 1847 01©9 hiblYe e ,f ©s(' 5 - or' �- *. %laacs.." r.