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HomeMy WebLinkAboutRES 071007-O - Domain Weir Charitable TrustRESOLUTION NO. 011007 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 by metes and bounds in the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are 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 by metes and bounds in the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are 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 Easements 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 1- asements, and the construction of utility lines, and appurtenances; WH1-REAS, 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 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. 07 i D 07® 0 Weir Charitable Trust PCN-ED Resolution 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 on the real property described by metes and bounds in the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are incorporated herein by reference as if fully set out. 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; c. 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 terms 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 Utility Basement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. Resolution No. ©? (0 07 Weir Charitable Trust PCN-hD Resolution 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. RESOLVFD by the City Council of the City of Georgetown this " `day of July, 2007. ATThST: Sandra D. Lee, City Secretary APPROVF,D AS TO FORM: ; 6 bO` I atricia E Carls, Brown & Carls, LLP City Attorney Resolution No 0 7 1 0Q 7- Weir Charitable Trust PCN-ED Resolution Page 3 of 3 THE CITY OF GEORGFTOWN: By: Gar <<' elon, Mayor LEGAL DESCRIPTION FOR A PROPOSED PUBLIC UTILITY EASEMENT BEING 0.652 of an acre of land, situated in the John Powell Survey, Abstract No. 491, and the Francis A. Hudson Survey, Abstract No. 295, in Williamson County, Texas, said land being a portion of that certain tract of land, called 895.98 acres, as conveyed to L.G. Weir and wife, Merle P. Weir, by deed as recorded in Volume 462, Page 623, 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 in two tracts as follows; Tract 1 (0.292 of an acre) BEGINNING at an iron pin set on the West line of Interstate Highway No. 35, being the East line of th-= remainder of the above referenced 895.98 acre Weir tract, being the most easterly Southeast corner of that certain Tract 1 Electric Line Easement and Right -of -Way, called 0.216 of an ace, as conveyed to the Lower Colorado River Authority by deed as recorded in Volume 2253, Page 117 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said West line of Interstate Highway No. 35, along a curve to the left (Radius = 1.1,659.19 feet, long chord bears S 14°28'45" W, 18 44 feet), an arc distance of 18 44 feet to an iron pin set for the Southeast comer hereof; THENCE, S 68°55'45" W, passing an easterly line of the said 0.216 of an acre Tract 1 Electric Line Easement and Right -of -Way for a total distance of 754.35 feet, in all, to an iron pin set and N 87°26'15" W, passing a westerly line of the said 0 216 of an. acre Tract 1 Electric Line Easement and Right -of -Way for a total distance of 88.92 feet, in all, to an iron pin set on the East line 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, for the Southwest corner hereof; THENCE, along the said East line of the Georgetown Railroad 100-foot-wide Right -of -Way, N 18°25'45" W, 16.07 feet to an iron pin set for the most westerly Southwest comer of the said 0 216 of an acre Tract 1 Electric Line Easement and Right -of -Way, for the Southwest corner hereof; THENCE, S 87°26' 15" E, at 86.40 feet pass an iron pin found marking an interior comer of the said 0 216 of an acre Tract 1 Electric Line Easement and Right -of -Way, for a total distance of 91.54 feet, m all, to an iron pin set and N 68°55'45" E, at 5.03 feet pass an iron pin found marking an interior corner of the said 0.216 of an acre Tract 1 Electric Line Easement and Right - of -Way for a total distance of 761.94 feet, in all, to the Place and BEGINNING and containing 0 292 of an acre of land. Note: The above described 0.292 of an acre tract of land shall bave the benefit of a 35-foot-wide temporary construction and access easement along, adjacent to and 35 feet in width along the entire South line of the 0.292 of an acre tract. Tract 2 (0.360 of an acre) BEGINNING at an iron pin set on the North line of Chief Brady Substation Subdivision, a subdivision of record in Cabinet L, Slide 188, of the Plat Records of Williamson County, Texas, for the most southerly Southeast corner hereof; from said point the most southerly Southeast comer of that certain Tract 2 Electric Line Easement and Right -of -Way, called 0 258 of an acre, as conveyed to the Lower Colorado River Authority by deed as recorded m Volume 2253, Page 177, of the Official Records of Williamson County, Texas, bears S 85°02'45" E, 71.33 feet; THENCE, along the said North line of Chief Brady Substation Subdivision, N 85°02'45" W, 56 88 feet to an iron pin set for the Southwest comer hereof; THENCE, N 44°45' 15" E, passing the West line of the said 0.258 of an acre Tract 2 Electric Easement and Right -of -Way for a total distance of 200 21 feet, in all, to an iron pin set on an ts. 071 o 0'7-o E.xkbial At p e I of easterly line of the said 0.258 of an acre Tract 2 Electric Easement and Right -of -Way for an interior comer hereof; THENCE, N 4°56' E, 317.87 feet to an iron pin found marking an interior comer of the said 0.258 of an acre Tract 2 Electric Easement and Right -of -Way, for the Northwest comer hereof; THENCE, along the South line of the said 0.258 of an acre Tract 2 Electric Line Easement and Right -of -Way, N 85° 17'30" E, 397.18 feet to an iron pm found and S 88°05'30" E, 41.60 feet to an iron pin found on the West line of the Georgetown Railroad 100-foot-wide Right -of-Way as conveyed to Georgetown Railroad Company, Inc., by deed as recorded in Volume 429, Page 179, of the Deed Records of Williamson County, Texas, marking the most easterly Southeast corner of the said 0.258 of an acre Tract 2 Electric Line Easement and Right -of -Way, for the Northeast comer hereof, THENCE, along the said West line of the Georgetown Railroad 100-foot-wide Right -of -Way, S 18°25'45" F, I6.07 feet to an iron pin set for the most easterly Southeast comer hereof; THENCE, N 88°05'30"W, 46.87 feet to an iron pin set and S 85°17'30" W, 383.08 feet to an iron pm set for an interior comer hereof; THENCE, S 4°55' W, 318.45 feet to an iron pin set for a southeasterly comer hereof; THENCE, S 44°45'15" W, crossing the said 0.258 of an acre Tract 2 Electric Easement and Right -of -Way, for a total distance of 134.38 feet, in all, to an iron pin set for an intenor comer hereof; THENCE, S 5°21' W, 37.34 feet to the Place and BEGINNING and containing 0.360 of an acre of land. Note: The above described 0.360 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 East and South line of the 0.360 of an acre tract. STA I OF TEXAS } COUNTY OF WILLIAMSON } 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 �my hand and seal at Georgetown, Williamson County, Texas, this the %1-i day of "ire 46- e, , 2007, A.D. Registereddor S 21033c-ld KNOW ALL MEN BY THESE PRESENTS: Brian F. Peterson onat Land Surveyor, No. 3967 fate of Texas s, 07rD07- 0 Exhi6i4- i p` e 2 042 STEGE BIZZELL 1978 S. Austin Ave Georgetown, TX 78626 (512) 930-9412 ..at...A ,r„laatat.. atareati .041a taps taitatt_...., 4.maw* ., Ott Intl* ati .••l,._...taMamma ball Ia.*..ay n l 07- 0 b ►1-- 13