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Home My WebLink AboutRES 082509-F - PCN James NeimannRESOLUTION NO. 0 q� 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 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 a permanent utility easement on, over, under and across that certain tract of real property in Williamson County totaling 0.710 acres, more or less, and described by metes and bounds in the attached Exhibit "A," which exhibit is incorporated herein by reference as if fully set out and which is subsequently referred to as the "Property," for construction, reconstruction, improvement, operation, use, maintenance and extension of a public utility infrastructure improvements and appurtenances thereto (the "Project"); and 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 temporary construction easement on, over, under and across that certain tract of real property in Williamson County totaling 1.808 acres (78,765 square feet), more or less and described graphically as `PROPOSED 50' WIDE TEMPORARY CONSTRUCTION FASFMENT" on page 3 of the attached Exhibit "A," which 0.467 acre tract abuts the western boundarie of the Property and is subsequently referred to as the "Temporary Construction E'asement," for construction, reconstruction, construction excavation, temporary access, spoil storage, equipment storage, and any and all other uses necessary or desirable to effectuate 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 and Temporary Construction Easement for the purpose of construction, reconstruction, operation, and maintenance of the public utility infrastructure 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, Temporary Construction Easement, and the Project; and 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 and Temporary Construction Fasement for the purposes of surveying and establishing said land titles and to Resolution No. 0 ?IPSO t Declaring Public Convenience & Necessity — James C. Neimann property (2006 Annexation Utility Improvements Project) Page 1 of 3 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; Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 1. That public convenience and necessity requires acquisition of a pezinanent utility easement on, over under and across the real property described by metes and bounds in the attached Exhibit "A" for construction, reconstruction, improvement, operation, use, maintenance and extension of public utility infrastructure improvements and appurtenances thereto. 2. That public convenience and necessity requires acquisition of a temporary construction easement on, over, under and across that certain tract of real property in Williamson County totaling 1.808 acres (78,765 square feet), more or less and described graphically as ` PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT' on page 3 of the attached Exhibit "A" for construction, reconstruction, construction excavation, temporary access, spoil storage, equipment storage, and any and all other uses necessary or desirable to effectuate 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, Temporary Construction basement, 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 property rights and the construction of the Project; c. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the property rights and to conduct tests; Negotiate with the owners of any such property rights for the purchase thereof; e. To purchase any necessary property rights on, over, under and across the Property, and execute all documents necessary to acquire such rights, all subject to express approval of the specific, negotiated terms by the City Council; Resolution No. 07 5 Declaring Public Convenience & Necessity — James C. Neimann property (2006 Annexation Utility Improvements Project) Page 2 of 3 f. Initiate eminent domain proceedings against the owner(s) of the Property and Temporary Construction Fasement for the necessary land title(s) for each in the event the owner(s) fail to accept a bona fide offer to purchase the Property and/or Temporary Construction Easement; 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 and Temporary Construction Easement 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 RESOLVED by the City Council of the City of Georgetown this ATTEST: ssica h Hath ity Secretary APPROVED AS TO FORM: a atricia F. Carls, City Attorney Carls, McDonald & Dalrymple, LLP Resolution No 0 F Declaring Public Convenience & Necessity — James C. Neimann property (2006 Annexation Utility Improvements Project) Page 3 of 3 day of August, 2009. THE CITY OF GEORGETOWN: GeorG. Garver, Mayor PARCEL A36 Page 1 of 4 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.710 ACRE (30,948 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO 524 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 72.32 ACRE TRACT OF LAND CONVEYED TO JAMES C NIEMANN BY INSTRUMENT RECORDED IN VOLUME 886, PAGE 335, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 0.710 ACRE (30,948 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AN.D BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the easterly boundary line of said 72.32 acre tract same being the southeast corner of a 1.246 acre tract of land conveyed to Westover Enterprises, Inc recorded in Volume 2160 Page 540, of the Official Records of Williamson County, Texas said point also being in the existing westerly right-of-way line of Interstate Highway 35 (right of way width vanes being the northeast corner of the herein described tract; THENCE, with the easterly boundary line of said 72.32 acre tract, same being the existing westerly right-of-way line of Interstate Highway 35, the following (3) three courses; 1) S 18°09'58" W for a distance of 808.66 feet to a TXDOT type I concrete monument found at the beginning of a tangent curve to the left, 2) Along said curve to the left, having a delta angle of 04°20'07", a radius of 5730.21 feet, an arc length of 433 58 feet, and a chord which bears S 16°00'04" W for a distance of 433.48 feet to a capped iron rod found; 3) S 13°56'19" W for a distance of 297.07 feet to a calculated point being the southeasterly corner of said 72.32 acre tract, same being the northeast corner of a 111 36 acre tract of land conveyed to Jasper N. Sudduth and Ida P Sudduth (Tract I) as recorded in Volume 512, Page 71, of the Deed Records of Williamson County, Texas, and being the southeast corner of the herein described tract and from which a capped iron rod found bears N 17°03'02' E for a distance of 1.08 feet; 4) THENCE, departing the westerly right-of-way line of Interstate Highway 35, along the common boundary line of said 72.32 acre tract and said 111 36 acre tract S 70°42'40" W for a distance of 23.91 feet to a calculated point, said point being the southwest corner of the herein described tract; THENCE, departing said common boundary line and through the interior of said 72.32 acre tract, the following (3) three courses; 5) N 13°56'19" E for a distance of 310.16 feet to a calculated point at the beginning of a tangent curve to the right; Pa e PARCEL A36 Page 2 of 4 6) Along said curve to the right, having a delta angle of 04°20'06", a radius of 5750.21 feet, an arc length of 435.07 feet, and a chord which bears N 16°00'05' E for a distance of 434.97 feet to a calculated point; 7) N 18°09'58" E for a distance of 809.84 feet to a calculated point in the northerly boundary line of the 72.32 acre tract and the southerly boundary line of the 1.246 acre tract; 8) THENCE, along the common boundary line of said 72.32 acre tract and said 1.246 acre tract, S 68°27'36" E for a distance of 20.04 feet to the POINT OF BEGINNING, containing 0.710 acres (30,948 square feet) ) of land, more or less. NOTE: There is also a 50.00 foot wide Temporary Construction Easement west of, adjacent to and parallel with Calls (5) through (7) of the above description and as shown on the accompanying Parcel Plat All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen Tru-sdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 Hi 1T ge ,�f PL6, EXHIBIT ill TO ACCOMPANY DESCRIP. -. 3N LEGEND • A —OE — X • O.R W.C.T. D.R.W.C.T. 1/2" IRON ROD FND CALCULATED POINT IRON ROD FOUND CAPPED TYPE I CONCRETE MONUMENT FOUND PROPERTY LINE EDGE OF PAVEMENT O VERHEAD ELECTRIC LINE W IRE FENCE GUY ANCHOR POWER POLE SIGN LIGHT POLE PULL BOX O FFICIAL RECORDS W ILLIAMSON COUNTY, TEXAS DEED RECORDS W ILLIAMSON COUNTY, TEXAS IT 50 0 50 100 1 I_ SCALE i" = 100' JA MES C. NIEMA NN (72.32 AC) VOL. 886, PG. 335 D.R.W.C.T. WESTOVER ENTERPRISES, INC. (1.246 AC.) VOL. 2160, PG. 540 O.R.W.C.T. / / / / PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT (78,765 SQ. FT.) 0.710 AC. 30,948 SQ. FT. NO. DELTA ANGLE RADIUS TANGENT ARC CHORD DIST. CHORD BRNG. CI 573021' 216.89' 433.58' 433.48' S 16°00104" W 04°20'07" C2 04°20106" 5750.21' 217.64' 435.07' 434.97' N 16°00105" E I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY PLAT WAS PREPARED FROM THE PLANS FOR RIGHT OF WAY PROJECT FOR STATE HIGHWAY 195 IN WILLIAMSON COUNTY PHASE II, ROW CSJ NO. 0440-02-012, PREPARED BY ARCADIS, INC. 3) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT SHOWN OR ADDRESSED HEREON. STATE OF TEXAS COUNTY OF WILLIAMSON The undersigned does hereby certify that this plat is true and correct to the best of my knowledge and belief. WITNESS MY ND AND SEAL at Round Rock, Williamson County, Texas. ttim M. STE HEN ''UESDALE Registered Professional Land Surveyor No. 4933 Inland Geodetics, LP 1504 Chisholm Trail Rd. Suite 103 Round Rock, TX 78681 NLAN D GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 or M 3 rn /z� l / / LINE TABLE NO. BEARING DISTANCE LI S 70°42140" W 23.91' (L2) (S 72°57' W) (658.13') L3 S 68°27'36" E 20.04' (L4) (N 66°16' W) (147.56') PARCEL A36 0 710 ACRES 0,948 SQUARE FEET PAGE 3 OF 4 EXHIBIT R Pr_ .'T TO ACCOMPANY DESCRII- ION / / / / I / / / / / / / / / / c‘il / / / / PROPOSED 50' WIDE / / TEMPORARY CONSTRUCTION (78,765 SQ. FT.) / /"- / EASEMENT / 0.710 AC. / 30,948 SQ. FT. / co / JAMES C. NIEMANN (72.32AC) VOL. 886, PG. 335 D.R. W.C. T. Po / 4Z/ / LI / / t21. j 'SEE DETAIL (1 / JASPER N. SUDDUTH IDA P. SUDDUTH (111.36 AC.) VOL. 512, PG. 71 (TRACT 1) D.R.W.C.T. INLAND GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 50 DETAIL N.T.S. N 17°03'02" E 1.08' PARCEL A36 0 710 ACRES 30,948 SQUARE FEET 0 50 SCALE 1"=100' 100 PAGE 4 OF 4