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Home My WebLink AboutRES 031009-J - Pluchea Property Declare 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 A PERMANENT SLOPE EASEMENT 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 a permanent slope easement on, over under and across the 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 an public road 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 easements 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 a permanent slope easement on 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 — Pluchea property (Rock Street -Extension) 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 peiinanent public wastewater utility line on, over, under and across the real property described in the attached Exhibit "A". 2. That public convenience and necessity requires acquisition of a permanent utility easement 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 an underground wastewater utility line, 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 easements, and the construction of the Project, 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; e. Negotiate with the owners of any such properties for the purchase thereof; To purchase any necessary easements on, over, under and across 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 easement title for the Property in the event the owner(s) fail to accept a bona fide offer to purchase the Property; and g• Resolution No Declaring Public Convenience & Necessity — Pluchea property (Rock Street 1xtension) Page 2 of 3 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 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. RN SOLVFD by the City Council of the City of Georgetown this ' day of March, 2009. ATTEST: THE CITY OF GEORGETOWN: Byc. Jess E Hamilton, As` t City Secretary Ge ge G. Garver, Mayor APPROVFD AS TO FORM: Patricia F, Carls, City Attorney Resolution No Declaring Public Convenience & Necessity — Pluchea property (Rock Street Fxtension) Page 3 of 3 EXHIS l FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. N ovember 5, 2008 S urveyor's Field Notes for: 0.0276 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 447, Williamson County, Texas, and being a portion 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, and being more particularly described as follows: BEGINNING at a calculated point on the north line of said 0.96 Acre tract, which bears N 87° 35' 42" E — 221.53 from a '/2" iron rod found at the northwest corner of said 0.96 Acre tract, being on the south line of a public. roadway known as Morrow Street, for the northwest corner of the herein described tract, THENCE, in an easterly direction, with the south line of said Morrow Street, N 87° 35' 42' E — 10.00', to a calculated point at the northeast corner of said 0.96 Acre tract, being on the west line of a public roadway known as Rock Street, which bears S 87° 35' 42" W — 47.75 from a steel spindle found on the east line of said Rock Street, also being the northwest corner of a called 0.273 Acre tract conveyed to David M. Jabour and Margaret Jabour as per Clerk's File No 2005074444, Official Public 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 Rock Street, same being the east line of said 0 96 Acre tract, S 01° 59' 51" E — 75 37', to a %2" iron rod found, being the southwest corner of said Rock Street, and the northwest corner of a called 0.05 Acre tract conveyed to Ray F. Thomas in Document No. 9923758, Official Public Records of Williamson County, Texas; THENCE, continuing in said southerly direction, with the west line of said 0.05 Acre tract, same being the east line of said 0.96 Acre tract S 02° 37' 15" E — 44.73 , to a '/2" iron rod found, being the southwest comer of said 0.05 Acre tract, the southeast corner of said 0.96 Acre tract, and being the north line of a called 8.6962 Acre tract conveyed to Duke's Smokehouse, Ltd. as per Clerk's File No. 2002069811, Official P ublic Records of Williamson County, Texas, for the southeast corner of the herein described tract; THENCE, in a westerly direction, with the north line of said 8.6962 Acre tract, same being the south line of said 0.96 Acre tract„ S 87° 10' 30" W — 10.00', to a calculated point for the southwest corner of the herein described tract, EXHIBIT S urveyor's Field Notes for 0.0276 ACRE (continued): THENCE, in a northerly direction, N 02° 37' 15" W - 44.77', a calculated point, and N 01° 59' 53" W - 75.41', to the POINT OF BEGINNING and containing 0.0276 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 0276 acre tract is N 24°43'40" E 5452.56 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 0.0276 Acre tract. S urveyed October 5, 2007 ALL COUNTY SURVEYING, INC 1-800-749-PLAT server/projects/p o8000/998000/998087/99808702-1.doc Charles C. Lucko Registered Professional Land Surve Registration No. 4636 Surveyor's Sketch showing 0.02/6 ACRE OF LAND, situated In the NICHOLAS PORTER SURVEY ABSTRACT 441, Williamson County, Texas This sketch to accompany o metes and bounds description of the hereon shown 00276 Acre tract. 1/2 Iron Rod Found 9. N S7°35'42" E 221.53' 0 CI: ri wJd) »O Qno a0 OW a no z _=iI- d It 0 N S1°35'42° E 10.00' N OI°5g53" W 15.41' t 41 O KI u. I 61 O 4ifZI M Found 5 S1°IO30' w 10.00' 5 0I°515I" E 15.31' (be' RaYU (A5phoIt Surface) PUBLIC MAINTAINED ROADWAY Plot Book 2, Page 95 5 67°35'42" hi 47.75' I/2" Iron Steel PoundSpinate I"X"In ROCK 1 Found N 67°15'41" E T 46.71' CALLED 0.05 ACRE RAY F. THOMAS, JR. Doc#9923758 N 87°05'20" E I/2" Iron 45.67' Rod Found = calculated Point 20' 40' 60' GALLED 6.6962 ACRES DUKES SMOKEHOUSE, LTD. Clerk's File No. 2002069811 1 1 1 1 } w �N' tY •13rwfl- ui; W}-Jed Q =0 '3 `3 > This project is referenced to the City of Georgetown Coordinote System, an extension of the Texas Coordinate System of 1983, Centro) 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. GTO4 is OI°21'41". The combined correction factor (GCF) is 0.99990229. Grid distance = Surface distance X (rF. Geodetic north = Grid north + theta angle. ReFerence tie From City monument No. GTO4 to the northwest corner of this 0.030 acre tract is N 24°43'40" E 5452.56 Feet. Published City coordinates For project reference point GTO4 are N. = 10 205,528b655 E. = 3,1213,856.4536. ALL COUNTY SURVEYING, INC. • Surveying • Mapping • Cons 1303 South 214t Street Temple, Texas 16504 254-115-2272 Killeen 254-634-4336 Fax 254-114-1606 ction Layout �- rerr _ 5 r, 3, 4 Plot Date: `;Survey =_'completed 11-06-2003 10-05-2001 Cols: i" = 20' JOb No 995057.2 [?wg No 52508702-1 prawn 2' urveyor: copyright 200E All county Surveying, inc. SUN CCL 4656