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HomeMy WebLinkAboutRES 022707-S - Construct Esmt Zavala PropRESOLUTION NO. 022707- A Resolution of the City Council of the City of Georgetown, Texas Finding Public Convenience and Necessity and Authorizing Eminent Domain, if Necessary for a Temporary Construction Easement To Effectuate Construction of a 16" Irrigation Water Line and Pump Station (Zavala Property, Parcel No. 2) 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 in of a temporary construction easement from the two tracts of land described as Tract "A" and Tract "B" in the attached Exhibit "A," incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Property," for the construction, extension, improvement, operation and maintenance of water, wastewater, electric, or other public utility lines (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 a temporary construction easement over the Property for the purpose of construction reconstruction, operation, and maintenance of the utility lines and appurtenances thereto, and, WHFREAS, 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 a temporary construction easement; WHEREAS, in order to acquire a temporary construction easement over 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; Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown* 1. That public convenience and necessity require the acquisition of a temporary construction easement over the real property described in the attached Exhibit "A" for purposes of the construction,extension, improvement, operation and maintenance of water, wastewater, electric, or other public utility lines. 4. That 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 Resolution No. On?:mS 1 Zavala PCN Resolution properties, 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 a temporary construction easement; Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the temporary construction easement, and to conduct tests; d. Negotiate with the owners of any such properties for the purchase thereof; e. To purchase a temporary construction easement over the Property 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 a temporary construction easement over the Property in the event the owner(s) fail to accept a bona fide offer to purchase the temporary construction easement; and g. Take whatever further actions deemed appropriate to economically effect the establishment of the Project. 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, are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. ADOPTED: SIGNED• ATTEST: , 2007. ary •n, Mayor, City of Georgetown Sandra D Lee, City Secretary, City of Georgetown APP$OVED AS TO FORM: Patricia E Carls, Brown & Carls, LLP City Attorney Resolution No. fl7fl Zavala PCN Resolution 2 EXHIBIT "A" METES AND BOUNDS DESCRIPTION BEING A 0.407-ACRE TRACT OF LAND, HEREIN CALLED TRACT "A", AND A 0.643 ACRE TRACT OF LAND, HEREIN CALLED TRACT "B", BOTH TRACTS BEING SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, WILLIAMSON COUNTY, TEXAS, AND BOTH BEING A PART OF THE EASTERLY REMNANT PORTION OF THE CALLED 25.8- ACRE TRACT OF LAND CONVEYED TO JOE L. ZAVALA AS DESCRIBED IN VOLUME 1129, PAGE 778 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT A: BEGINNING FOR REFERENCE at a 1/4" iron rod found monumenting the 'northwest corner of the said Zavala remnant tract, same being on the northwest corner of the 0.243-acre tract of land called Tract I (water and wastewater' easement), described in Document No. 9510639 of the Official Records of Williamson County, Texas, same being on the most southerly corner of a called 26.65-acre tract of land conveyed to Hill Country Bible Church -Georgetown as described in Document No. 2001026169 of the Official Public Records of Williamson County, Texas, same being on a point in the, northeasterly right -of way line of N. E. Inner Loop as conveyed to Williamson County, Texas and described in Volume 1368, Page 791 of the Official Records of Williamson County, Texas; THENCE with the said northeasterly right-of-way line of N. E. Inner.Loop, same being the westerly boundary line of the said Zavala remnant tract, same being the westerly boundary line of the said City of Georgetown easement tract, S67°16'44"W for a distance of 22.94 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the northwest corner hereof and POINT OF BEGINNING hereof; [BEARING BASIS: MAD- 83(1993), TEXAS CENTRAL(4203), STATE PLANE SYSTEM for this description) THENCE through the interior of said Zavala remnant tract, with the southerly boundary line of said City of Georgetown easement tract, N52°O1'50"E for a distance of 554.73 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the northeast corner hereof and being on a point in the northerly boundary line of said Zavala remnant tract, same being on a point ii the southerly boundary line of the called 11.01-acre tract of land conveyed to John C. Hoyle, John K. Hoyle, James D Hoyle and Clayton R. Hoyle as described in Volume 641, Page 645 of the Deed Records of Williamson County, Texas; THENCE with the said northerly boundary line of the Zavala remnant tract and the southerly boundary line of said Hoyle tract, N70°10'24"E for a distance of 95.39 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the most easterly corner hereof; THENCE through the interior of said Zavala remnant tract the following two (2) courses and distances: 1. S51°50'32"W for a distance of 90.60 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof, 1 • 2. 852°O1'50"W for a distance of 537.93 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southwest corner hereof, same being on a point in the said northeasterly right-of-way line of N. E. Inner Loop, same being on a point in the said westerly boundary line of the Zavala remnant tract; THENCE with the said northeasterly right-of-way line of N. E. Inner Loop, same being the said westerly boundary line of the Zavala remnant tract, N67°16'44"W for a distance of 34.40 feet to THE POINT OF BEGINNING hereof and containing 0.407 acre of land more or less. TRACT H: • BEGINNING FOR REFERENCE at a 1/2" iron rod found monumenting the northeast corner of the said Zavala remnant tract, same being on the southeast corner of the tract of land conveyed to Thural Douglas Lutz and wife, Doris Marie Lutz as described in Volume 862, Page 454 of the Deed Records of Williamson County, Texas, same being the northeast corner of the 0.428-acre tract of land called Tract II (water and wastewater easement), described in Document No. 9510639 of the Official Records of Williamson County, Texas same being on a point in the westerly right -of way line of County Road 152; THENCE with the said westerly right -of -way -line of County Road 152, same being the easterly boundary line of said Zavala remnant tract, same being t he easterly boundary line of said City of Georgetown easement tract, S 19°56'16"E for a distance of 20.73 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the northeast corner and POINT OF BEGINNING hereof; [BEARING BASIS: NAD-83(1993), TEXAS CENTRAL(4203), STATE PLANE SYSTEM for this description] THENCE continuing with the said westerly right-of-way line of County Road 152", same being the said easterly boundary line.of the Zavala remnant tract, S19°56' 16"E for a distance of 31.10 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southeast corner hereof; THENCE through the interior of said Zavala tract, S54°47'12"W for a distance of 933.47 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southwest corner hereof, same being on a point in the northerly boundary line of said Zavala remnant tract, same being on a point in the easterly boundary line of the called 11.01-acre tract o f land conveyed to John C. Hoyle, John K. Hoyle, James D. Hoyle and Clayton R. Hoyle as described in Volume 641, Page 645 of the Deed Records o f Williamson County, Texas; THENCE with the said northerly boundary line of the Zavala remnant tract and the said easterly boundary line of the Hoyle tract, N19°57'12"W for a distance of 31.10 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the northwest corner hereof, same being on the southwest corner of said Tract II; 2 THENCE through the interior of said Zavala remnant tract, with the southerly boundary line of said Tract II, N54°47'12"E for a distance of 933.48 feet to THE POINT OF BEGINNING hereof and containing 0.643 acre of land more or less. 0DIAMOND SURVEYING, INC. P.O. BOL l937,, GEORGS1 DPW,TX 78627 (512)93.-3100 SEIANE SHAFER, 'J'.L.S. 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