HomeMy WebLinkAboutRES 031009-L - Duke Property PCNRESOLUTION 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
ACQUISITION OF REAL PROPERTY TO EFFECTUATE
CERTAIN PUBLIC ROAD AND 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 right of way and easement(s) on, over under and across the real 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, use, maintenance and extension of a public road and utility
infrastructure improvements and appurtenances thereto (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 Project and acquire the necessary
right of way and easements upon, over, under and across the Property for the purpose of
construction, reconstruction, operation, and maintenance of a public road and drainage utility
improvements 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 Property and the Project;
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 purposes 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. i
Declaring Public Convenience & Necessity — Duke's property (Rock Street I- xtension)
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 a permanent road and drainage utility improvements
on, over, under and across the real property described in the attached Exhibit "A".
2. That public convenience and necessity requires acquisition of right of way and
easement(s) on, over, under and across the real property described in the attached
Exhibit "A" for purposes of construction, reconstruction, improvement, operation,
use, maintenance and extension of a public road and drainage utility improvements,
and appurtenances thereto (the "Project")
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 right of way and
easements, and the construction of a public road and drainage utility
infrastructure improvements, and appurtenances thereto;
c. Enter upon any property necessary for the purpose of surveying and
establishing the title, to determine adequate compensation for the right of
way and easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase thereof;
e. To purchase any necessary right of way easements on, over, under and.
across the Property, and execute all documents necessary to acquire such
right of way and easements, all subject to express approval of the specific,
negotiated teens by the City Council;
f. Initiate eminent domain proceedings against the owner(s) of the Property
for the necessary land title(s) for the Property in the event the owner(s) fail
to accept a bona fide offer to purchase the Property; 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 are
Resolution No. r
Declaring Public Convenience & Necessity — Duke's property (Rock Street Extension
Page 2 of 3
hereby authorized, ratified, approved, confirmed, and validated. This resolution shall
take effect immediately from and after its passage.
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 ` ' day of March, 2009.
ATTEST:
APPROVED AS TO FORM:
the
Patricia h. Carls, City Attorney
Resolution No
Declaring Public Convenience & Necessity — Duke's property (Rock Street Fixtension)
Page 3 of 3
THF- CITY OF GEORGITOWN
By: .` e :
George G. Garver, Mayor
D NOTES PREPARED BY ALL, COU ITY SURVEYING, INC.
November 14, 2008
Surveyor's Field Notes for:
0.057 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 447,
Williamson County, Texas, and being a portion of a called 8.6962 Acre tractconveyed
to Dukes: Smokehouse; Ltd. as per Clerk's File No. 2002069811, Official Public
Records of Williamson. County, Texas, and being more .particularly described. as follows:
BEGINNING at a 'IA" iron rod found at the northeast comer of said 8.6962 Acre tract,
being the southeast corner of a called 0.05 Acre tract conveyed to Ray F. Thomas, Jr. in
Document No. 9923758, Official Public Records of Williamson County, Texas, being the
northwest corner of a called 0.21 Acre tract conveyed as Tract II to Michael. E
Mersiosky in Volume 2670, Page 654, Deed Records of Williamson County, Texas, for
the northeast corner of the herein described tract;
THENCE, in a southerly direction,. with the west line of said 0.21 Acre tract, S 03° 36'
45" E — 50.19' (Record S 03° 58' 44" E), to a 5/8" iron rod set, for the southeast corner of
the herein described tract;
THENCE, in a westerly direction, severing said 8.6962 Acre tract, 5 87° 03' 28" W —
49 30', to a. 5/8" iron rod set, for the southwestcorner of the hereindescribed tract;
THENCE in a northerly direction, N 02° 56' 32" W — 50.20', to a %" iron rod found,
being the southwestcorner of said 0,05 Acre tract, for the northwest corner of'the herein
described tract;
THENCE, in an easterly direction, with the south line of said 0.05 Acre tract, N 87° 04'
16" E — 48.71' (Record IV 87° 11' 37" E 45.01'), to the POINT OF BEGINNING and
containing 0.057 Acre of Land.
This project is referenced to the City of Georgetown Coordinate System, an extension of
the Texas Coordinate System of 1983, Central Zone. All distances are horizontal
surface distances unless noted and all bearings are grid bearings, All coordinates are
referenced to City Monument No. GT04. The theta angle at. City Monument No GTO4
is 01°21'47". The combined correction factor (CCF) is 0.99990229. Grid distance =
Surface distance X CCF. Geodetic north = Grid north + theta angle. Reference tie from
City monument No. GTO4 to the northeast corner of this 0,057 acre tract is N 25°51'48"
E 5373.73 feet Published City coordinates for project reference point GTO4 are N. =
10,203,828 6635 E = 3,128,836.4536.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyors Sketch showing the
herein described 0.057 Acre tract.
Surveyed October 5, 2007
ALL COUNTY SURVEYING, INC.
1-800-749-PLAT
server/projects/pro8000/998000/ 998087/99608702-4.doc
Charles C. Lucko
Registered Professional Land Su
Registration No. 4636
I/2" Iron
Rod Found
This sk
descrlpti
A = calculated Point
1 1 Geis
;h to accompany a metes and bounds
of the hereon shown 0.051 Acre tract.
I/2" Iron 1
Rod Found
5/8" Iron
Rod Set
CALLED 8b%62 ACRES
DUKE'S SMOKEHOUSE, LTD.
Clerk's. File No. 2002069811
PUBLIC MAINTAINED ROA1711AY
Plat Book 2. Page 95
5 87°35`42" IN 41.15'
(Record N 67-°l137" E 45.012
°
N
0
I/2' Iron
Rod Found
5/8' Iron
Rod Set
This. project i5 referenced to the City of Georgetown Coordinate System. anextension of the Texas Coordinate
System of 1983, Central Zone. All distances ore horizontal surface distances unless noted and all bearings are
grid bearings. All coordinates are referenced to City Monument No. GT04_ The theto angle at. City Monument No.
GTO4 is01°21'41 The combined correction Factor (GCF) is 0.49990229. Grid distance = Surfoce distance X
CCF. Geodetic north = Grid north + theta angle. Reference tie From .City monument No. GTO4 to the northeast
corner of this 0.051 acre tract is N 25°51'48" E 5315.15 feet. Published City coordinates For project reference
point GTO4 are N. = 10,03,828.8635 E. = 3,128,836.453b.
( l COUNTY SURVEYING, INC.
1303 South 21st5treet
?empte, Texos 16504
254-178-2212 Killeen 254-634 4636
Fax. 254-114-1608
Surveying
o. Mapping
e Construction Layout
H-14-2008.
10-05-2001
1" = 20'
418081.2
99805102-4
SLVV
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
November 5, 2008
Surveyor's Field Notes for:
0 0023 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 447,
Williamson County, Texas, and being a portion of a called 8.6962 Acre tract conveyed
to Duke's Smokehouse, Ltd. as per Clerk's File No. 2002069811, Official Public
Records of Williamson County, Texas, and being more particularly described as follows:
BEGINNING at a 1h" iron rod found on the north line of said 8 6962 Acre tract, which
said iron rod bears S 87° 05' 20" W — 48.67' from a '/2" iron rod found at the northeast
corner of said 8.6962 Acre tract, also being the southwest corner of a called 0.05 Acre
tract conveyed to Ray F. Thomas as per Document No. 9923758, Official Public
Records of Williamson County, Texas, which said iron rod bears S 02° 37 15" E —
44.73', from a '/2" iron rod found at the northwest corner of said 0.05 Acre tract, same
being the southwest corner of Rock Street, and being the southeast corner of a called
0.96 Acre tract conveyed to Pluchea Property, LP as per Clerk's File No. 2004082140,
Official Public Records of Williamson County, Texas, for the northeast corner of the
herein described tract;
THENCE, in a southerly direction, severing said 8.6962 Acre tract, S 02° 56' 32" E —
9.98', to a calculated point, for the southeast corner of the herein described tract;
THENCE, in a westerly direction, S 86° 47' 41" W — 10.06, to a calculated point, for the
southwest corner of the herein described tract,
THENCE, in a northerly direction, N 02° 37' 15" W— 10.05', to a calculated point on the
north line of said 8.6962 Acre tract, same being the south line of said 0.96 Acre tract, for
the northwest corner of the herein described tract;
THENCE, in an easterly direction, with the south line of said 0.96 Acre tract, N 87° 10'
30" E —10.00', to the POINT OF BEGINNING and containing 0.0023 Acre of Land.
This project is referenced to the City of Georgetown Coordinate System, an extension of
the Texas Coordinate System of 1983, Central Zone. All distances are horizontal
surface distances unless noted and all bearings are grid bearings. All coordinates are
referenced to City Monument No. GT04. The theta angle at City Monument No GTO4
is 01°21'47". The combined correction factor (CCF) is 0.99990229. Grid distance =
Surface distance X CCF Geodetic north = Grid north + theta angle. Reference tie from
City monument No. GTO4 to the northwest corner of this 0 0023 acre tract is N
25°24'22" E 5350.44 feet. Published City coordinates for project reference point GTO4
are N. = 10,203,828.6635 E. = 3,128,836.4536.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyor's Sketch showing the
herein described 0.0023 Acre tract.
Surveyed October 5, 2007
ALL COUNTY SURVEYING, INC.
1-800-749-PLAT
server/projects/p ro8000/998000/998087/99808702-2. d oc
Charles C. Lucko
Registered Professional Land Surveyor,/
Registration No. 4636/✓A
_ w .1•
\i
a /'
0'
Surveyor's Sketch showing 0 0023 ACRE OF LAND, situated In the NICHOLAS
POR I tN. SURVEY, ABSTRACT 447, WI I Iiamson County, Texas
This sketch to accompany a metes and bounds
description of the hereon shown 0.0023 Acre tract
A = calculated Point
10'
CALLED 0.96 ACRE
PLUGHEA PROPERTY L.P.
Clerk's File No. 2004082140
Elm
N O2°310,05'
PUBLIC MAINTAINED ROADWAY
Plat Book 2 Page 95
I/2' Iron
Rod Found
INIE
GALLED 0.O5 ACRE
RAY F. THOMAS, JR.
Doc?%9923158
N 87°i0130' E 1 N 01°05'20" E
10.00 'Roo Ro" Iron 4
d Found
1 j
5 02°56'52' E
1 a a8'
aria-&
5 86°41'41' Pi
1006'
CALLED &.6162 ACRES
DUKES SMOKEHOUSE. LTD.
Clerk's File No. 2002064511
48b1'
i/2- Iron
Rod Found
ill
0.0023 ACRE
OF LAND
This project is referenced to the City of Georgetown Coordinate System, on extension of the Texas Coordinate
System of 1983, Central Zone. All distances are horizontal surface distances unless noted and all bearings are
grid bearings. All coordinotes ore referenced to City Monument No. GTO4. The theta angle at City Monument No.
GTO4 is OI°21'47". The combined correction factor (CCF) is 0.99990229 Grid distance = Surface distalce X
CCF. Geodetic north = Grid north + theta angle. Reference tie From City monument No. &TO4 to the northeast
corner of this 0.0023 acre tract is N 25°24'22" E 5350.44' feet. Published City coordinates For project
reference point &T04 ore N. = 10,203,828.6635 E. = 3,128,836.4536. }
CALL COUNTY SURVEYING, INC.
1303 South 21st Street
Temple, Texas 16504
254-118-2212 Killeen 254-634-4636
Fax 254 114 1608
• Surveying
• Mopping
• Construction Layout
Plot Date;
Survey
'11 completed:
;Scale:
/Job No •
Dwg No •
Drawn
Surveyor:
copyrlq,t 2001*
11-0S-2008
10-05-2001
1"= 10'
998051.2
99808102-2
SLY,'
CCL 4636
All County Survesykrg, Inc.
1
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC
November 14, 2008.
Surveyor's Field Notes for:
0.079 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 447,
Williamson County, Texas, and being a portion of a called 8.6962 Acre tract conveyed
to Duke's Smokehouse, Ltd. as per Clerk's File No. 2002069811., Official Public
Records of Williamson County, Texas, andbeing more particularly described as follows:
COMMENCING at a'/2" iron rod found at the northeast corner of said 8,6962 Acre tract,
being the southeast corner of a. called. 0.05 Acre tract conveyed to Ray F. Thomas, Jr.. in
Document No. 9923758, Official Public Records of Williamson County, Texas, being the
northwest corner of a called 0.21 Acre tract conveyed as Tract II to Michael E.
Mersiosky in Volume 2670, Page 654, Deed Records of Williamson County, Texas for
the northeast corner of the herein described tract;
THENCE, in a southerly direction, with the west line of said 0.21 Acre tract, S 03° 36'
45" E 50.19' (Record S 03° 58' 44" E), to a 5/8" iron rod set, for the northeast corner and
POINT OF BEGINNING of the herein described tract;:
THENCE, in a southerly direction, with the west line of said 0,21 Acre tract and the west
line of a called 0.06 Acre tract conveyed to M & M Investments in Clerk's File No.
199933654, Official Public Records of Williamson County, Texas, S 03° 36' 45" E —
69.83' (Record S 03° 58' 44 E), to a. calculated point, for the southeast. corner of the
herein described tract
THENCE, in a westerly direction, severing said 8.6962 Acre tract, S 87° 37' 43" W —
50.11', to a calculated point, for the southwest corner of the herein described tract;
THENCE, in a northerly direction, N 02°'56' 32" W — 69.32', to a 5/8' iron rod set, for
the northwest corner of the herein described tract;.
THENCE, in an easterly direction, N 87° 03' 28" E. — 49.30', to the POINT OF
BEGINNING and containing 0.079 Acre of Land
This project is referenced to the City of Georgetown Coordinate System, an extension of
the Texas Coordinate System of 1983, Central Zone. All distances are horizontal
surface distances unless noted and all bearings are grid bearings. All coordinates are
referenced to City Monument No. GT04. The theta angle at City Monument No. GTO4
is 01°21'47". The combined correction factor (CCF) is 0.999.90229. Grid distance =
Surface distance X CCF. Geodetic north = Grid north + theta angle. Reference tie from
City monument No. GTO4 to the northeast corner of this 0.079 acre tract is N 26°0714'"
E 5330.09 feet. Publishes City coordinatesforproject reference point GTO4 are N. =
10,203 828 6635 E = 3,123,836.4536.
This document is not valid for any purpose unless signed and .sealed by a Registered
Professional Land Surveyor
This metes and bounds description to accompany a Surveyor's Sketch showing the
herein described 0.079 Acre tract
Surveyed October 5, 2007
ALL COUNTY SURVEYING, INC.
9-800-749-PLAT
serverlp ejects/pro8000l998000/998087/99808702-5.doc
Charles C. Lucko
Registered Professional Land S
Registration No. 4636
Rod
Iron
Rod Facia
Surveyor's Sketch shorting 0.01cf ACRE OF LAND. situated In the NICHOL.AS
PORTER SURVEY, ABSTRACT 441, JITlllamson County, Texas.
This sketch to .accompany a metes and bounds
description of the hereon shown 0.014 Acre tract.
N 83°35'42 E 221.55'
.10.0.011011
0
0• N
01-31-
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60�
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in cc
Jam
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PUBLIC MAINTAINED ROADWAY
Plat Book 2, Page 95
5 57°55'42" IN 41.15'
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Roc iron
Rod Fond
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1/2' Iron
Rod Farad
S = Calculated Point
20' 40' 60'
CALLED 8.6162 ACRE-5
DUKES SMOKEHOUSE, LTD.
Clerk's File No. 2002064811
5/8- Iron
Rod Set
1
2
z
GALLED 0.05 ACRE
RAY F. THOMAS, JR.
Doc#44123758
8T°05128.° E 4q,
0.01c1 ACRE
OF LAND
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IMAMIMPIMP
This project 15 referenced to the City of Georgetown Coordinate System, an extension of the Texog Coordinate System of 1183, Central Zone. All
distances are horizontal surface distances unless noted and all bearings are grid bearings All coordinates ore referenced to. City Monument No.
GT04- The theta angle at City Monument No. GTO4 is OI°21143'. The combined correction Factor (GCF) Is 0.99990229. Grid distance = Surface
distance X CGF. Geodetic north = Grid north + theta angle. Reference tie from City monument No. GTO4 to the northeast corner of this 0.079 acre
tract is N 26°O144" E 5330.04 Feet. Published City coordinates For project reference. point GTO4 are N. = 10205,1528.6635 E. _
5,128,856.4556.
ALL COUNTY SURVEYING, INC.
Surveying
• Mopping
• Construction Layout
1303 South 21st Street
Temple, Texas 76504
254-778-2212 Killeen 254-634,4636
Fax 254-714-1808
8&`=2008 2£i:YEARS, 'EXCELLENC
CHARLES C. LUCKO
^;Cq .4636. �^gt-17
frV sQc, y =jO dt
SU'I
tvi4 tie
•
Plot Date:
Survey
completed:
Scale: = 20'
Job No •
Owg No •
Drown by•
Surveyor- COL c 4636
Go�vjrig4t 20OS All Gouney Sxveyi g. Inc.
II-I4-2008
10-05-2001
99808/.2
CR808702-5
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