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Home My WebLink AboutRES 031009-K - Ray Thomas 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 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 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 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 upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of a public road 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 Declaring Public Convenience & Necessity — Ray Thomas property (Rock Street Extension) 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 a public road 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 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 public road improvements, and appurtenances thereto (the "Project") 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 right of way and the construction of the Project c. tinter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the right of way, 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, 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 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. Resolution No / Declaring Public Convenience & Necessity — Ray Thomas property (Rock Street Fxtension) Page 2 of 3 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 th.e negotiation for and/or acquisition of any necessary property rights in the Pioperty are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. 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. RESOLV I D by the City Council of the City of Georgetown this ATTEST: Jess i 1-, HamiltonfA t. �t Secretary APPROVED AS TO FORM: Patricia F Carts, City Attorney Resolution No Declaring Public Convenience & Necessity — Ray Thomas property (Rock Street Extension) Page 3 of 3 day of March, 2009. THE CITY OF GFORGETOWN By: George"G. Garver, Mayor FIELD NOTES PREPARED BY ALL COUNTY SURVEYING,: INC. November 14, 2008 Surveyor's Field Notes for: 0.050 ACRE, situated in the NI.CHOLAS PORTER SURVEY, ABSTRACT 447, Williamson County, Texas, embracing a called 0 05 Acre tract conveyed to Ray F. Thomas, Jr. in Document No. 9923758, Official Public Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at an "X" in rock found at the northeast corner of said 0.05 Acre tract, being the southeast corner of a public roadway known as Rock Street as per Plat Book 2, Page 95, Plat Records of Williamson County, Texas being the southwest corner of a called 0.273 Acre tract conveyed to David M. Jabour and Margaret Jabour in Clerk's File No. 2005074444, Official Public Records of Williamson County, Texas, and bearing S 02° 43' 39" E — 75.09' from a steel spindle found on the south line of Morrow Street, for the northeast corner of the herein described tract; THENCE, in a southerly direction, with the west line of a called 0.16 Acre tractconveyed as Tract I to Michael E. Mersiosky in Volume 2670, Page 654, Deed Records of Williamson County, Texas, S 02° 37' 17" E — 44.57' (Record S 02° 39' 45" E 44.57'), to a'A" iron rod found at the southeast corner of said 0.05 Acre tract, being the northeast corner of a called 8 6962 Acre tract conveyed to Duke's Smokehouse, Ltd. in Clerk's File No. 2002069811, Official Public Records of Williamson County, Texas, for the southeast. corner of the herein described tract. THENCE, in a westerly direction, with the north Tine of said 8.6962.Acre tract, S 87° 04' 16" W — 48.71' (Record S 87° 09' 37" W - 48 86), to a IA" iron rod found being the southeast corner of a called 0.96 Acre tractconveyed to Pluchea Property,. L. P in Clerk's File No. 2004082140, Official Public Records of Williamson County, Texas, for the southwest corner of the herein described tract; THENCE, in a northerly direction, with the east line of said 0.96 Acre tract, N 02° 37' 15" W — 44.73' (Record N 02° 29' 51" W - 44.73), to a 'A" iron rod found at the southwest corner of said Rock Street, for the northwest corner of the herein described tract, THENCE, in an easterly direction, with the south line of :said Rock Street, N 87° 15' 47" E — 48.71' (Record N 87° 20 10" E - 48.73), to the POINT OF BEGINNING and containing 0.050 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. GTO4 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 0.050 acre tract is N 25°38'18" E 5412.94 feet. Published City coordinatesfor 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 0.050 Acre tract.. Surveyed October 5, 2007 ALL COUNTY SURVEYING, INC. I-800-749-PLAT serve r/p roj ectsip ro8000/998000/998087/998087023.d oc Charles C Lucko Registered Professional Land Surveyor Registration. No. 4636 1/2 Iron. egad Found 0 FOR I 0.050 ACRE OF LAND, sI ABSTRACT 441, WtIIlanson Goun This sketch to accompany a metes and bounds scription of the hereon .shown 0.050 Acre tract. N S7°35'42" E 221.55' = Gatcytoted Point 20' 40' i/2" Iron Rod Found 4 Ia NIG Texas MAINTAINED ROAD Riot Book 2, Page 95 5 S7°35'42" w 47:1s' (Record. N 87 2070' E 48.73) N 8-1°I5'41' E 45.11' Steel Spindle Found 1 o, l wl 6 in m vl IV 0I to in" Iron ., Rod Fotnnd 0.050 ACREOF LAND CALLED 0.05 ACRE RAY F. THOMAS, JR. Doc.itici2575,5 5• s-r04'16" W 48.1I' (Record 5 87°04137' l 48.862 6O' CALLED 8.6%2 ACRES DUKE'S SMOKEHOUSE, LTD. Clerk's File No. 2002069811 1 i. X" in. Rock *Pound 1 Alb 1/2" Iron Rod Found r- v to p Q-7w0 0 IYz th �UJ >< 0oa _N J This project is reFerenced to the City of Georgetown Coordinate System, an extension of the Texas Coordinate System of 1953, Central Zone. All distances ore horizontal surface distances unless noted and all bearings are grid bearings. All coordinates ore referenced to City Monument No. GTO4. The theta angle at City Monument No. GT04 is OI°21'41-. The combined correction Factor (CGF) is 0.99940229. Grid distance = Surface distance X CCF, Geodetic north = Grid north + theta angle. Reference tie From .City monument No. GTO4 to the northeast corner of thin 0.050 ocre tract is N 25°38'18" E ;5412.94 Feet. Published City coordinates for project reference. point GTO4 ore N. = 10,203,828.6635 E. = 5,128,836.4556. COUNTY SURVEYING, INC.. Surveying • Map 1303 South 215t Street • Temple, Texos 16504 254-T78-2212 Killeen 254 Fox 254-714 1608 Ping Construction Loyout. 634-4636 N 4 T Plot Date: Survey completed: Scale: Job No - Dwg No Drown bu 11-14-2008 10-05-2001 r' = 20' 998081:2 94E/08702-3 SLW Surveyor- CCL $ 4636 copyrk3ht 2008 All Gounty Surveying, Inc.