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Home My WebLink AboutRES 082509-G - PCN Caulette 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 11.99 acres, more or less, and 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, 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 — Caluette 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 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. 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 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 terrrrs by the City Council; g. 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 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 — Caluette 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. 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 RESOLVE-D by the City Council of the City of Georgetown this ATTEST: ty Jessica F Hami1 on,k. ity Secretary APPROVED AS TO FORM: Patricia E Carls, City Attorney Carls, McDonald & Dalrymple, LLP Resolution No 8 a day of August , 2009. THE CITY OF GFORGF'TOWN: Geors'' G. Garver, Mayor Declaring Public Convenience & Necessity — Caluette property (Southeast Arterial One Road Project) Page 3 of 3 SOUTHEAST ARTERL. JNE 1 ROW PARCEL - ROGER E. CALUETTE and wife, PATRICIA A. CALUETTE FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. May 14, 2009 Surveyor's Field Notes for CITY OF GEORGETOWN, for: 11.99 ACRES, situated in the WILLIAM ADDISON SURVEY, ABSTRACT 21, Williamson County, Texas, embracing all of a called 12.00 Acre tract conveyed to Roger E. Caluette and wife, Patricia Al Caluette in Volume 2167 Page 55, Deed Records of Williamson County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron rod set at the northeast corner of said 12.00 Acre tract, being on the west line of County Road No. 110, of which no record information was found, 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 — 348 93' (Record S 21° 34' 00" E - 348.93), to a %" iron rod found, being the southeast corner of said 12.00 Acre tract, at the northeast corner of a called 15 00 Acre tract conveyed to Bonnie L Lee in Volume 2232, Page 195, Deed 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 15 00 Acre tract, S 68° 55' 23" W — 1498.99' (Record S 68° 37' 50' W - 1499.13), to a 1/2' iron rod found 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° 43' 52" W — 348.87' (Record N 21° 44 10" W - 80 26 and N 20° 52 30' W - 268.68), to a %Z' iron rod found at the southwest corner 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, for the northwest corner of the herein described tract THENCE, in an easterly direction, with the south line of said Lot 1-A and Lot 2-A, N 68° 55' 14" E — 1495.70' (Record N 68° 37' 50" E - 1496.13), to the POINT OF BEGINNING and containing 11.99 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 northeast corner of this 11.99 acre tract is S 46° 05' 00" E, 10709.30 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 Sketch showing the herein described 11.99 Acres. Surveyed May 11, 2009 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT server/projects/p ro6000/996000/996300/ 996383/996383-ROW-5A. doc Charles C. Lucko Registered Professiona Registration No. 4636 ;.c.; Gs &�r~� 0q * • CHARLES C. LUCKO Land Surveyor mn@omo' O RoO ° E omO m anv • m O UlO5O osa o'mn a ° ��o n 00tO P@p @N O 'ryn°'iW g3 XI Civ AON • ° 0 m23a0a=s WW IT 3�Ch cr33 N 3 p c j O n2w W�O� W 3 i4 c16; yh ZDDO N N , O - , W N 0 0 ° O° m p. . AO° 0n3i a,E QT NONn • N m ° O OOtflCOma 3 ROR o 0C\6 ,,_ N R it m m 33at ;Wm `�o� m °no c3 a n-m ° - 0 g nm� ° O 6 ° ° x 0— r aO S.c Nw WW p>-O,O QO (• n� n p P 3 F.i O, 3 N OT W atN c = a D TT 3 J (Nii 0) S % s F 0O(-N6N -, a r 3 -1 �c O t9 O N N �c Oi O 0 MCMI 6BE9bb W W ll 9- May 14, 2009 - 10:58am T44 156.11 ACRES JOHN DIMMITT HU6P VOL. 2/6, P6. 4g !Record N 2P447O" kt 80.26' e N 20952 30' lY 268.680 N 2094352` W 349137° 4 z e O J 5 21et6'19e E 348513' (Record 5 21'54 L0" E 348.939 • a (Asphalt Sul ace) Tl' •AD NO.11 PUBLIC MAINTAINED ROADWAY No reco d InFormation was located by this surveyor 7a5 Po23 uoJI - 52l1 punod poy UOJ1 - 4e r O cu O E Page a N S m O r O S 0 S O O 0 • 0 O -0 0 0 3 0 3 3 0 -m N -O O D • Q • p O fl _ y n "a N0 - tR 3 " N z Fir 00 O 5 c lC m s \V 2 Q r '