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Home My WebLink AboutRES 082509-I - PCN Molnar PropertyRESOLUTION 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 on, over under and across that certain real property in Williamson County, Texas totaling 2.734 acres, more or less, consisting of a 2.70 acre tract and a 0.034 acre tract 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 public road infrastructure improvements and appurtenances thereto (the "Project"), and WHFREAS, 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 public road 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 Z Declaring Public Convenience & Necessity — Mark & Kimberly Molnar property (Southeast Arterial. One Road 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 requires the construction, reconstruction, improvement, operation and maintenance and extension of permanent road 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 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 suchengineers, 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 public road 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 to conduct tests; Negotiate with the owners of any such properties for the purchase thereof; To purchase any necessary right of way 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 terms 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 Declaring Public Convenience & Necessity — Mark & Kimberly Molnar property (Southeast Arterial One Road Project) 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 ATTEST: Jessica h. Hah CtSecretary APPROV h D AS TO FORM: Patricia E. Carls City Attorney Carls, McDonald & Dalrymple, LLP Resolution No. Q E} Declaring Public Convenience & Necessity — Mark & Kimberly Molnar property (Southeast Arterial One Road Project) Page3 of3 day of August , 2009. THE CITY OF GEORGETOWN B George G. Garver, Mayor SOUTHEAST ARTER] JIVE 1 ROW PARCEL - LOT 1-A, AMENDED PLAT OF THE SHIRE FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. June 6, 2009 Surveyor's Field Notes for CITY OF GEORGETOWN, for: 2.70 ACRES, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson County, Texas, and being out of and a part of Lot 1-A, Amended Plat of The Shire, an addition in Williamson County, Texas, according to the plat of record in Document No. 9919072, Official Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at a %" iron rod found at the southwest corner of said Lot 1-A, being the northwest corner of a called 12.00 Acre tract conveyed to Roger E. Caluette and wife, Patricia A. Caluette in Volume 2167, Page 55, Deed Records of Williamson County, Texas, and being on the east line of a called 156.11 Acre tract conveyed to John Dimmitt Hughes in Volume 276, Page 49, Deed 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 156.11 Acre tract, N 20° 56' 52" W — 228.92' (Record N 20° 54 05" W), to a 5/8" iron rod set, for the northwest corner of the herein described tract; THENCE, in an easterly direction, with a curve to the left; having a radius of 2224.00', a delta angle of 19° 17' 47", and a long chord which bears N 78° 15' 20" E — 745.48'; an arc length of 749.01', to a 5/8" iron rod set; THENCE, continuing in an easterly direction, N 68° 28' 10' E — 86.64', to a 5/8" iron rod set on the west line of Lot 2-A of said amended plat, for the northeast corner of the herein described tract;; THENCE, in a southerly direction, with the west line of said Lot 2-A, S 21° 04' 44" E — 108.68' (Record S 21 ° 22' 45' E), to a 5/8" iron rod found, being the southwest corner of said Lot 2-A, on the north line of said 12.00 Acre tract, for the southeast corner of the herein described tract; THENCE, in a westerly direction, with the north line of said 12.00 Acre tract, S 68° 55' 14" W — 822.77' (Record S 68° 37 15' W - 823.01), to the POINT OF BEGINNING and containing 2.70 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. 96-005. The theta angle at City Monument No. 96-005 is 01° 22' 29". The combined correction factor (CCF) is 0 999902. Grid distance = Surface distance X CCF. Geodetic north = Grid north + theta angle. Reference tie from City monument No 96-005 to the southwest corner of this 2.70 acre tract is S 38° 25' 19" E, 10167.83 feet Published City coordinates for project reference point 96-005 are N. = 10,203,814.7088 E. = 3,135,831.9914. 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 described 2.70 Acre tract. Surveyed June 1, 2009 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT server/projects/pro 6000/996000/996300/996383/996383-ROW -3A. d oc Charles C. Lucko Registered Professional Land Surveyor Registration No. 4636 Sketch showing the herein rve- SOUTHEAST ARTERII. WE 1 ROW PARCEL — LOT 1-A, AMENDED PLAT OF THE SHIRE FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. June 12, 2009 S urveyor's Field Notes for CITY OF GEORGETOWN, for: 0.034 ACRE, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson County, Texas and being out of and a part of Lot 1-A, Amended Plat of The Shire, an addition in Williamson County, Texas, according to the plat of record in Document No 9919072, Official Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found at the southeast corner of said Lot 1-A, being the northeast corner Lot 2-A of said amended plat, and being on the west line of County Road No. 110 as conveyed to the City of Georgetown in Volume 2340, Page 321, Official 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 Lot 2-A S 68° 55' 16" W — 55 58' (Record S 68° 37' 15" W), to a 5/8" iron rod set for the southwest corner of the herein described tract; THENCE, in a northeasterly direction, severing said Lot 1-A, N 24° 42' 46" E — 77.29', to a 5/8' iron rod set on the east line of said Lot 1-A, same being the west line of said County Road No 110, for the northeast corner of the herein described tract; THENCE, in a southerly direction, with the west line of said County Road No. 110 S 21° 16' 19" E — 53.89' (Record S 21° 34 E) to the POINT OF BEGINNING and containing 0.034 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 honzontal surface distances unless noted and all bearings are grid bearings. All coordinates are referenced to City Monument No. 96-005. The theta angle at City Monument No. 96- 005 is 01 ° 22' 29". The combined correction factor (CCF) is 0.999902. Grid distance = S urface distance X CCF. Geodetic north = Grid north + theta angle. Reference tie from City monument No. 96-005 to the southeast corner of this 0.034 acre tract is S 46° 11' 04" E, 10585.60 feet. Published City coordinates for project reference point 96-005 are N . = 10 203,814.7088 E. = 3,135,831.9914. This document is not valid for any purpose unless signed and sealed by a Registered Professional Land Surveyor This metes and bounds descnption to accompany a Surveyor's Sketch showing the herein described 0.034 Acre tract S urveyed June 12, 2009 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT server/projects/pro6000/996000/996300/996383/996383-ROW-3A(1).doc Charles C. Lucko Registered Professional Land Surveyor Registration No. 4636 0 c 6 Illtqtri l2 Fcri _N Et N n l� r N W c0 W ZN 1 zo 14W .02 ra in `t' m 41 N Z 0 " ..—t W t b Z ..-5J J 11 _51fbbb 3 25.55.0L 5 011 iLs '6d 'Ober 'Ion A'dMOV021 63NIVINIVW 9119f1d tr tr u. 1rwgtr M .zS99.OZ N .SQ f5.0e N P.&O 9 1 bb '9d '9LL '10A 93H9fIH 111WW14 NHOr S3217N II 9e1 0 111 J ra c§ r m ® 0 ' 2 - ocm 2Ev�2$ o 6EDs6a it f I NC`^y2 t 4361 m • m m J LLl J m V m6u t, am 9 . um",..0 e e 0 s m spo 0 g®rvabe t -eNU S oR -omd6024w0 Ob00 2�m Vp" 6em`mpinNCOz$ r. &ia3ff 82LL*in o &NO tr O c ul ET m 9 m a c 2'N mys a to a-. 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