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Home My WebLink AboutRES 082509-E - PCN Westover EnterprisesRESOLUTION 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 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 0.167 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 0.417 acres (18,175 square feet), more or less and described graphically as `PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT" 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 Easement," 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 Easement for the purposes of surveying and establishing said land titles and to Resolution No 0 83 Declaring Public Convenience & Necessity — Westover Enterprises, Inc 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: That public convenience and necessity requires acquisition of a permanent 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 0.417 acres (18,175 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 Easement, 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 0 SQgge Declaring Public Convenience & Necessity — Westover Fnterprises, Inc. property (2006 Annexation Utility Improvements Project) Page 2 of 3 g. Initiate eminent domain proceedings against the owner(s) of the Property and Temporary Construction basement 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 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 resolutionand 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 ,. day of August, 2009. ATTEST: APPROVED AS TO FORM: Patricia E. Carls, City Attorney Carls, McDonald & Dalrymple, LLP THE CITY OF GEORGETOWN: By: Geor G. Garver, Mayor Resolution No SE Declaring Public Convenience & Necessity — Westover Enterprises, Inc property (2006 Annexation Utility Improvements Project) Page 3 of 3 PARCEL A35 Page 1 of 3 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.167 ACRE (7,269 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO 524 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 1.246 ACRE TRACT OF LAND CONVEYED TO WESTOVER ENTERPRISES INC., BY INSTRUMENT RECORDED IN VOLUME 2160, PAGE 540 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.167 ACRE (7 269 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the existing westerly right-of-way line of Interstate Highway 35, (right of way width varies), being an interior ell corner in the easterly boundary line of that called 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, being the southeasterly corner of said 1.246 acre tract, same being the southeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said existing westerly right-of-way line of Interstate Highway 35, with the common boundary line of said 72.32 acre tract, and said 1.246 acre tract, N 68°27'36" W for a distance of 20.04 feet to a calculated point, being the southwesterly comer of the herein described tract; 2) THENCE, departing the northerly boundary line of said 72.32 acre tract, through the interior of said 1.246 acre tract N 18°09'58" E for a distance of 363.39 feet to a calculated point, being the southerly boundary line of that 13.68 acre remainder of that called 124 24 acre tract of land conveyed to West Georgetown Development Co., by instrument recorded in Volume 947, Page 816, of the Deed Records of Williamson County, Texas, being the northerly boundary line of said 1.246 acre tract, same being the northwesterly corner of the herein described tract; 3) THENCE, with the southerly boundary line of said 13.68 acre remainder tract same being the northerly boundary line of said 1.246 acre tract, S 68°18'16" E for a distance of 20.04 feet to calculated point, being the northeasterly corner of said 1.246 acre tract, same being the northeasterly corner of the herein described tract, 4) THENCE, with the existing westerly right-of-way line of Interstate Highway 35, same being the easterly boundary line of said 1.246 acre tract, S 18°09'58" W for a distance of 363 34 feet to the POINT OF BEGINNING, containing 0.167 acres (7,269 square feet) of land, more or Tess. PARCEL A35 Page 2 of 3 NOTE: There is also a 50 00 foot wide Temporary Construction Easement west of, adjacent to and parallel with Call 2 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. StepF -n Truesdale 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 7-aaLeyt- Date 9 EXHIBIT rt PL T TO ACCOMPANY DESCRY ION LINE TABLE NO. BEARING DISTANCE LI N 68° 27'36" W 20.04' L2 S 68°18'16" E 20.04' LEGEND • A %1 — OE- - X — • O.R W.C.T. D.R.W.C.T. 1/2" IRON ROD FND CALCULATED POINT PROPERTY LINE EDGE OF PAVEMENT O VERHEAD ELECTRIC LINE W IRE FENCE GUY ANCHOR POWER POLE SIGN LIGHT POLE PULL BOX OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS WILLIAMSON COUNTY, TEXAS IT Page . NOTES: 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 WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. STATE OF TEXAS COUNTY OF WILLIAMSON The undersigned does hereby certify that this plot is true and correct to the best of my knowledge and belief. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. S PHE TRUESDALE Registered Professional Land Surveyor No. 4933 Inland Geodetics, LP 1504 Chisholm Trail Rd. Suite 103 Round Rock, TX 78681 I -_ND GEODETICS PROFESSIONAL LAND SURVEYORS 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 or Date 50 0 50 SCALE In = 100' 100 wesl DeVeCGeORG �ReV4i�0E.6eg Nt ukN 0 R0_ C. Co O. (Ls es., RWC.r?es44C.) S 680j 4'4,4„ 8/6„ PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT (18,175 SQ. FT.) n Cr in et ' 10 0M� v / o 42 / / PARCEL A35 0.167 ACRES 7,269 SQUARE FEET h 0 0, 0 /0.167 ACRES \ 7,269 SQ. FT. . P.O.B. PAGE 3 OF 3 RESOLUTION 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 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 0.181 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 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 temporary construction easement on, over, under and across that certain tract of real property in Williamson County totaling 0.467 acres (20,347 square feet), more or less and described graphically as `PROPOSED 50' WIDF TEMPORARY CONSTRUCTION EASF,MhNT" 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 hasement," 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, estabhshment, and acquisition of the Property, Temporary Construction Fasement, 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 E asement for the purposes of surveying and establishing said land titles and to Resolution No 0 Declaring Public Convenience & Necessity — West Georgetown Development Co. 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 permanent 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 0.467 acres (20,347 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 Easement, 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; d. 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 N o. 10 0 Declaring Public Convenience & Necessity — West Georgetown Development Co. property (2006 Annexation Utility Improvements Project) Page 2 of 3 Initiate eminent domain proceedings against the owner(s) of the Property and Temporary Construction Easement 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. This resolution shall be effective immediately upon adoption. RESOLV I D by the City Council of the City of Georgetown this ; day of August, 2009. ATTEST: /Th J4 sica E Haini to i ity Secretary APPROVED AS TO FORM: t Patricia F . Carls, City Attorney Carls, McDonald & Dalrymple, LLP Resolution No. 0 ()SO, Declaring Public Convenience & Necessity — West Georgetown Development Co. property (2006 Annexation Utility Improvements Project) Page 3 of 3 THE, CITY OF GEORGETOWN• By: Geaf'ge G. Garver, Mayor PARCEL A34 Page 1 of 3 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.181 ACRE (7,873 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 13.68 ACRE REMAINDER OF THAT CALLED 124.24 ACRE TRACT OF LAND CONVEYED TO WEST GEORGETOWN DEVELOPMENT CO. BY INSTRUMENT RECORDED IN VOLUME 947, PAGE 816 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.181 ACRE (7,873 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found 1/2" iron rod being the northeast corner of said 13.68 acre remainder tract, being the existing westerly right-of-way line of Interstate Highway 35, (right of way width varies), same being the southeasterly corner of that called 11.63 acre tract of land conveyed to Franklin Edward Helms by instrument recorded in Document No. 9554257 of the Official Records of Williamson County, Texas, same point being the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, with the existing westerly right-of-way line of Interstate Highway 35, same being the easterly boundary line of said 13.68 acre remainder tract, S 18°09'58" W for a distance of 389.86 feet to a calculated point, being the northeasterly corner of that called 1.246 acre tract of land conveyed to Westover Enterprises, Inc. by instrument recorded in Volume 2160, Page 540 of the Official Records of Williamson County, Texas, same being the southeasterly corner of said 13 68 acre remainder tract, being the southeasterly corner of the herein described tract; 2) THENCE, departing said existing westerly right-of-way line of Interstate Highway 35, with the common boundary line of said 13.68 acre remainder tract, and said 1.246 acre tract, N 68°18'16" W for a distance of 20.04 feet to a calculated point being the southwesterly corner of the herein described tract; 3) THENCE, departing the northerly boundary line of said 1.246 acre tract, through the interior of said 13.68 acre remainder tract, N 18°09'58' E for a distance of 397 43 feet to a calculated point, being in the southerly boundary line of said 11 63 acre tract, same being the northwesterly corner of the herein described tract; 4) THENCE, with the northerly boundary line of said 13 68 acre remainder tract same being the southerly boundary line of said 11.63 acre tract, S 48°04'30" E for a distance of 21.85 feet to the POINT OF BEGINNING, containing 0.181 acres (7,873 square feet) of land more or Tess. a PARCEL A34 Page 2 of 3 NOTE: There is also a 50 00 foot wide Temporary Construction Easement west of, adjacent to and parallel with Call 3 of the above descrption 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 True dale 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 EX I Page 70(? EXHIBIT t PL T TO ACCOMPANY DESCRII- . SON NOTES: 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 WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT SHOWN OR ADDRESSED HEREON. LEGEND I/2" IRON ROD FND CALCULATED POINT PROPERTY LINE EDGE OF PAVEMENT OVERHEAD ELECTRIC LINE WIRE FENCE GUY ANCHOR POWER POLE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS WILLIAMSON COUNTY, TEXAS PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT (20,347 SQ. FT.) WEST GEORGETOWN DEVELOPMENT CO. 13.68 AC. (REMAINDER OF 124.24 AC.) VOL. 947, PG. 8/6 D.R. W.C. T. LINE TABLE NO. BEARING DISTANCE LI N 68°18'16" W 20.04' L2 S 48°04'30" E 21.85' WESTOVER ENTERPRISES, INC. (1.246 AC.) VOL. 2160, PG. 540 O.R.W.C.T. FRANKLIN EDWARD HELMS \ (11.63 AC.) DOC. NO. 9554257 O. W.C.T. 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 HAND AND SEAL at Round Rock, Williamson County, Texas. M.STE `HEN ' ESDALE Registered Professional Land Surveyor No. 4933 Inland Geodetics, LP 1504 Chisholm Trail Rd. Suite 103 Round Rock, TX 78681 IN -.ND GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 SCALE I"=100' STEP TRttESDALE PAGE 3 OF 3 BEING A 20 FOOT WIDE EASEMENT CONTAINING 0 181 ACRES (7,873 SQUARE FEET), OUT OF THE 13 68 REMAINDER TRACT OF A 124 24 ACRE TRACT OF D DESCRIBED IN VOLUME 947, PAGE 816 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS