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Home My WebLink AboutRES 082509-H - 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 1.64 acres, more or less, 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 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 public road improvements and appurtenances thereto; and, WHI-REAS, 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 — Robert & Bonnie 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: Lay out the exact location of the land area needed from the Property or other properties; 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 public road infrastructure improvements, and appurtenances thereto; c. Inter 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 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 teuuns 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. Q 44 Declaring Public Convenience & Necessity — Robert & Bonnie Molnar property (Southeast Arterial One Road Project) Page 2of3 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. RE SOLVED by the City Council of the City of Georgetown this ; day of August , 2009. ATTFST: J 's ca F Hamil on, C„i y Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Carls, McDonald & Dalrymple, LLP Resolution No. : Q5 Declaring Public Convenience & Necessity — Robert & Bonnie Molnar property (Southeast Arterial One Road Project) Page 3 of 3 THE CITY OF GFORGETOWN: Ge ge G. Garver, Mayor SOUTHEAST ARTERIAL ONE ROW PARCEL — LOT 2-A, AMENDED PLAT OP THE SHIRF FIELD NOTES PREPARED BY ALL COU TY SURVEYING, INC. June 6, 2009 Surveyor's Field Notes for CITY OF GEORGETOWN, for: 1.64 ACRES, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson County, Texas, and being all of Lot 2-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, being the southwest corner of said Lot 2-A, being the southern most southeast corner of Lot 1-A, which bears N 68° 55' 14" E — 822.77' from a '/2" iron rod found at the southwest corner of said Lot 1-A, and being on the north line 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, for the southwest corner of the herein described tract; THENCE, in a northerly direction, with the boundary of said Lot 1-A, N 21° 04' 44" W 108.68' (Record N 21° 22 45" W), to a 5/8" iron rod set for the northwest corner of the herein described tract; THENCE, in an easterly direction, severing said Lot 2-A, N 68° 28' 10" E — 575,06', to a 5/8" iron rod set; THENCE, in a northeasterly direction, N 24° 42' 46" E — 9,735, to a 5/8" iron rod set on the north line of said Lot 2-A. being the boundary of said Lot 1-A, THENCE, in an easterly direction, with the boundary of said Lot 1-A, N 68° 55' 16" E — 55.58' (Record N 68° 37' 15' E), to a 5/8" iron rod found on the west line of a public roadway known as County Road No. 110 as conveyed to the City of Georgetown in Volume 2340, Page 321, 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 public roadway, S 21° 16' 06' E — 120.00' (Record S 21 ° 34' E - 120.00', Doc. #9919072), to a 5/8" iron rod set, being the southeast corner of said Lot 2-A and being on the north line of said 12.00 Acre tract, for the southeast corner of the herein described tract; SOUTHEAST ARTERIAL ONE 2 ROW PARCEL — LOT 2-A, AMENDED PLAT OF THE SHIRE Surveyor's Field Notes for CITY OF GEORGETOWN, (continued) THENCE, in a westerly direction, with the north line of said 12.00 Acre tract, S 68° 55' 14 W — 638.01' (Record S 68° 37' 15" W — 638.00'), to the POINT OF BEGINNING and containing 1.64 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 1.64 acre tract is S 42° 44' 06" E, 10442 66 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 P rofessional Land Surveyor. This metes and bounds description to accompany a Surveyor's Sketch showing the herein described 1.64 Acres. S urveyed June 1, 2009 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT server/projectsfp o6000/996000/996300/996383/996383-ROW-4A.doc Charles C. Lucko Registered Professional Land S Registration No. 4636 wdt.OZI - 6O0L 'EC Oar IRF - Iron Rod Found IRS - Iron Rod Set !Lc '6d "O4Et I°A J.VMcVO? (33NIVSNIVW 71iend Me N LL' Al 5 11 XMluV) PJ02e2?) 100'Otl 3 eb1.91elt 5 mi re re N O Q" z ,Z6911 a .474,4001Z G ii_ z N® ea. E4189'401 M ,i-6'I7aelt N 0 IM .54,CC.lt N P-v,ezz% ID N N 0 6 ' N X t N N • c Q a„ NZ OOCc C 44 O N r 0 v t+ t U C U n LL a F r mny. OLO X C.5 c L )° 0 0 0 U 6 C 00 u U N II fNON d '4QOO1omCvyo • u 000 0 Q0yQ 0 so O O °L O )' N 04- J • pc is 6 c uQQ E 5. mNtA mI§ efC a o c°) c Jd� 3C5 Tic 0°2IIVS6� cryt1 et oto OU 61.. O5r: 6 Od �6�mom d Qalo& m:0(O'twm 41E�O6m00 col sOm�� t2 8 rna ° O d6tt1�0N1ph °II0OO.O O y 1 J t 4 V3s4iiQ 3 South 2151 Street ry c o N da r so NI X ry r N r' tO 2r- N E V — Iin ILLL