HomeMy WebLinkAboutRES 062607-O - Domain Gtown Railroad PCNRESOLUTION NO. O&2.&o7®0
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
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 Easements, 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 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. NI 2 07 - Q
Georgetown Railroad Co. 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 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;
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 owners) 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 Easement are hereby authorized, ratified, approved, confirmed, and validated.
This resolution shall take effect immediately from and after its passage.
Resolution No. 047 2. a7® 0
Georgetown Railroad Co. PCN-ED Resolution
Page 2 of 3
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 day of June, 2007.
ATTEST:
f
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E Carls, Brown & Carls, LLP
City Attorney
Resolution No. 049 .Z 0 7® 0
Georgetown Railroad Co. PCN-FD Resolution
Page 3 of 3
THE CITY OF GEORGETOWN:
Gar.• Nelon, Mayor
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 corner 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 corner 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.
STA I E 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 mny hand and seal at Georgetown, Williamson County, Texas, this the
9't h day of to 5jv4s4 , 2007, A.D.
Regis
21033d-Id
Brian F. Peterson
onal Land Surveyor, No. 3967
State of Texas
SIEGE IZZELL
1978 S. Aust'n Ave
Jeorgetown, TX 78626
(512) 930-9412
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