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Home My WebLink AboutRES 031009-I - APW Declare PCN WastewaterRESOLUTION 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 UTILITY EASEMENT TO EFFECTUATE CERTAIN PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHFREAS, 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 utility 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 underground wastewater line 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 wastewater 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 the Property and the Project; WHEREAS, in order to acquire a peiuianent utility easement on the Property, it will be or has been necessary foi 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, WHERE/AS, 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. APW Corporation declaring Public Convenience & Necessity (SPG-1 Wastewater Line Project) 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 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") 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; 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 any necessary easements on, over, under and across the Pioperty, and execute all documents necessary to acquire such 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 easement title 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 hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. Resolution No. 1 • �``: APW Corporation declaring Public Convenience & Necessity (SPOT-1 Wastewater Line Project) Page 2 of 3 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. RESOLVFD by the City Council of the City of Georgetown this ) . day of March, 2009. ATTEST: THE CITY OF GFORGETOWN By: ca h Hari" ilton, sit. City Secretary APPROV F D AS TO FORM: Patricia F, Carls, City Attorney George G. Garver, Mayor Resolution No APW Corporation declaring Public Convenience & Necessity (SPG-1 Wastewater Line Project) Page 3 of 3 UTILITY EASEMENT CITY OF GEORGETOWN FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. October 14, 2008 1 Surveyor's Field Notes for CITY OF GEORGETOWN, for. 1.59 ACRES, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson County, Texas, being a portion of a tract of land described as "Drainage Easement & Park Area" in University Park, Section One, an addition in the City of Georgetown, Williamson County, Texas, according to the plat of record in Cabinet G, Slide 163, Plat Records of Williamson County, Texas, and being more particularly described as follows: COMMENCING at a calculated point at the northeast corner of said "Drainage Easement & Park Area , being on the south line of a 80' public roadway known as State Highway 29, and being the northwest corner of a portion of the remainder of a tract conveyed to Ronald Mahan in Volume 358, Page 229, Deed Records of Williamson County, Texas; THENCE, in a southerly direction, with the eastern line of said "Drainage Easement & Park Area' tract, being the boundary line of said Mahan tract, S 14° 37 30" E - 13.43', to a calculated point, for the POINT OF BEGINNING and northeast corner of the herein described tract; THENCE, in a southerly direction, continuing with said Mahan boundary, S 14° 37' 30" E - 30.18', to a calculated point, for the westernmost southeast corner of the herein described tract; THENCE, in a general southerly direction, the following calls; 1. S 69° 05' 59" W - 149.37', a calculated point, 2. S 41° 50' 30" W - 348.02', a calculated point, 3. S 41° 05' 30" W - 62 00', a calculated point, at the beginning of a curve to the left; 4. with said curve to the left; having a radius of 340.00', a delta angle of 22° 19' 03", and a long chord which bears S 30° 41' 02" W - 131.60'; an arc length of 132.43', a calculated point, 5. S 20° 15' 25" W - 52.28', a calculated point, 6. S 18° 03' 26" W - 254.37', a calculated point, 7. S 06° 51' 39" W - 333.87', a calculated point, 8. S 21° 26' 08" E - 850.91', a calculated point, and 9. S 13° 15' 48" W - 118.70', to a calculated point on the east line of a public roadway known as Southwestern Boulevard, for the southernmost corner of the herein described tract; THENCE, in a northerly direction, with the east line of said Southwestern Boulevard, N 31° 45' 35" W - 42.41', to a calculated point; THENCE, in a general northerly direction, the following calls; 1. N 13° 15' 48" E - 79.35', a calculated point, 2 N 21° 26' 08" W - 849.09', a calculated point, 3. N 06° 51' 39" E - 344.37', a calculated point, and 4. N 18° 03' 26" E - 257.89', to a %' iron rod found, being the southeast corner of Lot 1, Block I, of said University Park, Section One also being the southwest corner of a portion of said Mahan tract; THENCE, in a general northeasterly direction, with the south line of said portion of said Mahan tract the following calls; 1. N 20° 15' 35" E - 52.47', a 5/8" iron rod found, at the beginning of a curve to the right; 2. with said curve to the right; having a radius of 370 00', a delta angle of 22° 19' 03", and a long chord which bears N 30° 41' 02" E - 143.21', an arc length of 144.12', a calculated point, 3. N 41° 05' 30" E - 62.00'1 a IA" iron rod found, and 4. N 41° 50' 30" E - 355.29', a calculated point, for the northernmost northwest corner of the herein described tract, UTILITY EASEMENT 2 CITY OF GEORGETOWN Surveyor's Field Notes for CITY OF GEORGETOWN, (continued): THENCE, in an easterly direction, leaving the southern line of said Mahan tract, N 69° 05' 59" E - 159.94', to the POINT OF BEGINNING and containing 1.59 Acres 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. Published City coordinates for City Monument No. GTO4 are N.= 10,203,828.6635 E = 3,128,836.4536. Reference tie from City Monument No. GTO4 to the northeast corner of said 1.59 acre tract is N 82°49'17" E, 9922.30 feet. 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 1.59 Acre tract. Surveyed July 23, 2008 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT server/projects/pro8000/998700/998755/998755-esmt2. doc Charles C. Lucko Registered Professional Land Su Registration No. 4636