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HomeMy WebLinkAboutRES 100907-M - PCN & Eminent DomainRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR 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 easements upon, over, under and/or across property described in the attached Exhibit "A", 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 and maintenance and extension of public utility lines (the "Project"); and 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 utility easements on the sites described in the attached Exhibit "A", which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Utility Easement(s)" in connection with 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 utility lines and acquire the Utility basements upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of 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 the Utility basements, and the construction of utility lines, and appurtenances; WHEREAS, in order to acquire the Utility Easements, 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 deteiiiiine 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 N o. ©1 Griffin PCN-ED Resolution (16" Sun City Irrigation Water Line Project) Page 1 of 3 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 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 on the real property described in the attached Exhibit "A". 2. That public convenience and necessity require the acquisition of easements upon, over, under and across the Property and other properties for the purposes of construction, reconstruction, improvement, operation, and maintenance and extension of water, wastewater, electric, or other public utility lines, and appurtenances thereto. 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; d. Negotiate with the owners of any such properties for the purchase thereof; e. To purchase easement title to the Utility Easement, and execute all documents necessary to acquire such easements, all subject to express approval of the specific, negotiated teams 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. 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 Utility basement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. Resolution No. 0010- Griffin PCN-F'D Resolution (16" Sun City Irrigation Water Line Project) Page 2 of 3 6. 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 ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Resolution No. IO6gC7 Griffin PCN-FD Resolution (16" Sun City Irrigation Water Line Project) Page 3 of 3 day of October, 2007. THE CITY OF GEORGETOWN: G9`r Nelon, Mayor METES AND BOUNDS DESCRIPTION BEING A 0.180-ACRE TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF PARCEL 5, A CALLED 12.50-ACRE TRACT OF LAND CONVEYED TO DELIA COCKE GRIFFIN AND FAYETTE FRANCIS GRIFFIN, HUSBAND AND WIFE AS DESCRIBED IN DOCUMENT NO. 2002072799 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.180-ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an 1/2" iron rod found monumenting the southwest corner of said 12.50-acre Griffin tract, same being the northwest corner of a called 4.58-acre tract of land (Exhibit "C") conveyed to the W.D. Kelley Foundation as described in Document No. 2002001129 of the Official Public Records of Williamson County, Texas, same being on a point in the easterly right-of-way line of Interstate Highway No. 35 (right-of-way width varies), to be called I.H. 35 herein, from which a concrete monument found monumenting an angle point in the westerly boundary line of said Kelley Foundation tract, same being on a point in said easterly right-of-way line of I.H. 35, bears S26°47'39"W for a distance of 325.25 feet, BEARING BASIS: NAD-83(1993), TEXAS CENTRAL(4203), STATE PLANE SYSTEM for this description; THENCE with the westerly boundary line of said 12.50-acre Griffin tract, and said easterly right-of-way line of I.H. 35, N26°47'39"E for a distance of 160.78 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southwest corner and THE POINT OF BEGINNING hereof; THENCE continuing with said westerly boundary line of the 12.50-acre Griffin tract, and said easterly right-of-way line of I.H. 35, N26°47'39"E for a distance of 25.00 feet to 1/2" iron rod set with cap marked "Diamond Surveying" on a point at the southwest corner of a. called 0.222-acre tract of land (water & wastewater easement, Tract 3) conveyed t o the City of Georgetown as described in Volume 2514, Page 123 of the O fficial Records of Williamson County, Texas and monumenting the northwest hereof, from which a 1/2" iron rod found monumenting an angle point in the westerly boundary line of said 12.50-acre Griffin Tract, same being on a point in said easterly right-of-way line of I.H. 35, bears N26°47'39E for a distance of 1474.89 feet; THENCE departing said easterly right-of-way line of I.H. 35, with the southerly boundary line of said 0.222-acre City of Georgetown easement t ract, being through the interior of said 12.50-acre Griffin tract, S 63°43'40"E for a distance of 484.88 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" on a point in the easterly boundary line of said 12.50-acre Griffin tract, same being the southeast corner of said 0.222-acre City of Georgetown easement tract, same being on a point in t he westerly right-of-way line of U.S. Business Highway No. 81 (right-of- way width varies), also called North Austin Avenue, and the northeast corner hereof, from which a concrete monument found monumenting an angle point in the easterly boundary line of said 12.50-acre Griffin tract, 1 same being on a point in the said westerly right-of-way line of U.S. Business Highway No. 81, bears N16°57'38"E for a distance of 247.97 feet; THENCE with said westerly right-of-way line of U.S. Business Highway No. 81 and the easterly boundary line of said 12.50-acre Griffin tract, S16°57'38"W for a distance of 25.25 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southeast corner hereof, from which an iron pipe found monumenting the southeast corner of said 12.50-acre Griffin tract, same being the northeast corner of aforementioned 4.58-acre Kelley Foundation tract, same being on a point in the said westerly right-of-way line of U.S. Business Highway No. 81, bears S16°57'38"W for a distance of 5.89 feet; THENCE departing said westerly right-of-way line of U.S. Business Highway No. 81, through the interior of said 12.50-acre Griffin tract the following five (5) courses and distances: 1. N63°52'10"W for a distance of 27.42 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 2. N18°44'20"W for a distance of 14.12 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; N63°43' 40"W for a distance of 422.51 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 4. S71°15' 40"W for a distance of 14.14 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; N63°43'53"W for a distance of 19.29 feet to THE POINT OF BEGINNING hereof and containing 0.180 acre of land more or less. DIAMOND SURVEYING, INC. P.O. BOY 1937 GEOR GE7 O HW T Y 78627 (512) 931-3100 SHANE SHAFER, R.P.L.S. NO. 5281 loo Ex 1611 2 DATE SKETCH 1 0 ACCOMPANY METES AND BOUNDS iESCRIPTION SCALE: 1 "= 100' POINT BEGINNING FOR A 0.180-ACRE TRACT OF LAND BEING SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, WILLAMSON COUNTY, TEXAS, BEING A PORTION OF PARCEL 5, A CALLED 12.50-ACRE TRACT OF LAND CONVEYED TO DELTA COCKE GRIFFIN AND FAYEI IL FRANCIS GRIFFIN, HUSBAND AND WIFE AS DESCRIBED IN DOCUMENT NO. 2002072799 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. DELIA COCKE GRIFFIN AND FAYE i I E FRANCIS GRIFFIN, HUSBAND AND WIFE DOC. NO. 2002072799 PARCEL 5 (CALLED 12.50 ACRES) W,D, KELLEY FOUNDATION DOC. NO. 2002001129 EXHIBIT 'C' (CALLED 4,58 ACRES) SURVEYOR'S NOTES: 1) BEARING BASIS: NAD-83(1993), TEXAS CENTRAL (4203), STATE PLANE. 2) ALL DOCUMENTS LISTED HEREON ARE RECORDED IN THE OFFICE OF THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. CjT OF G e it;4, Ate cee \ AGRe3 j PROPOSED T,C.E, TO BE ACQUIRED BY SEPARATE INSTRUMENT LINE TABLE NUM DISTANCE BEARING L1 25.25' S16'57'38"W L2 27.42' N63.52.10"W L3 14.12' N18'44'20"W L4 14.14' S71'15'40'W L5 19.29' N63'43'53"W L6 25.00' N26.47'39"E L7 5.89' S16'57'38"W L8 51.86' N8113'53"W L9 1.88' N18'44'20"W L10 84.83' S7115.40"W L11 80.00' N63'43'53"W L12 80.00' N 26.47' 39"E L13 160.78' N26'47'39"E O = • _ ■ _ P.O.B.= P.O.R.= T.C.E.= LEGEND: IR❑N ROD SET IR❑N ROD FOUND IRON PIPE FOUND CONCRETE MONUMENT FOUND POINT OF BEGINNING POINT OF REFERENCE TEMPORARY CONSTRUCTION EASEMENT 0.180-ACRE TRACT I, Shane Shafer, Registered Professional Land Surveyor in the State of Texas, hereby certify that this plat represents a survey made on the ground under my direct supervision, completed an August 15, 2006, At the time of this survey there were no encroachments, conflicts, or protrusions apparent on the ground, EXCEPT AS SHOWN, This survey was performed without benefit of Title Report and does not show all existing easements. USE OF THIS SURVEY BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SURVEYOR AND DIAMOND SURVEYING, INC. IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM, SHANE SHAFER` R.P.L,S, NO. 5281 DATE L7 3-GRIFFIN ESMT, DIAMOND SURVEYING, INC. P,O BOX 1937, GEORGETOWN, TX 78627 (512) 9313100 es. 10 t ©7