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HomeMy WebLinkAboutRES 072809-H - PCN Tipanovic 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 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 peiuianent utility easement on, over, under and across that certain tract of real property in Williamson County totaling 1.478 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 3.63 acres, more or less, and described graphically as `PROPOSED 50' WIDE, TEMPORARY CONSTRUCTION EASEMENT" on page 5 of the attached Exhibit "A," which 3.63 acre tract abuts the western and northern boundaries of the Property and is subsequently referred to as the `Temporary Construction Fasement " 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 deteiiniine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and, Resolution No. Q et Declaring Public Convenience & Necessity — Stipanovic property (2006 Annexation Utility Improvements Project) Page 1 of 3 WHFREAS, 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 3 63 acres, more or less, and described graphically as "PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT' on page 5 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. 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, 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, f. Initiate eminent domain proceedings against the owner(s) of the Property and Temporary Construction Easement for the necessary land title(s) for Resolution No. o-7 061 Declaring Public Convenience & Necessity — Stipanovic property (2006 Annexation Utility Improvements Project) Page 2of3 g. 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 allprevious 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 �te1. day of July, 2009. ATTEST: ss City Secretary APPROVED AS TO FORM: Patricia F. Carls, City Attorney Carls, McDonald & Dalrymple, LLP THE CITY OF GEORGETOWN: By: eorge . Garver, Mayor Resolution No D-7 ° (-t Declaring Public Convenience & Necessity — Stipanovic property (2006 Annexation Utility Improvements Project) Page 3 of 3 PARCEL B42 Page 1 of 5 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 1.478 ACRE (64,403 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO 51, IN WILLIAMSON COUNTY TEXAS, BEING A PORTION OF THE REMNANT OF THAT 57.169 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED, TO BARBARA MCMURRAY AN UNDIVIDED 25% INTEREST AS CUSTODIAN FOR KARSEN B. STIPANOVIC, BY INSTRUMENT RECORDED IN DOCUMENT NO. 9868194 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND REFERENCED IN A SPECIAL WARRANTY DEED, TO THOMAS D. STIPANOVIC AND PAUL D. STIPANOVIC, RECORDED IN VOLUME 2135, PAGE 552, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1 478 ACRE (64 403 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found with TXDOT aluminum cap in the existing westerly right-of- way of State Highway 130 (right-of-way width varies), same being the southerly boundary line of the remainder of that 102-1/2 acre tract of land conveyed to Amelia Wittera and husband Bohous Wittera, recorded in Volume 472, Page 133, of the Deed Records of Williamson County Texas, same being the northeasterly corner of said remnant of 57.169 acre tract and being the northeast corner of the herein described tract; THENCE, departing the southerly boundary line of said 102-1/2 acre tract, with the common easterly boundary line of said remnant of 57 169 acre tract, same being the existing westerly right-of-way line of said State Highway 130, the following (6) six courses; 1) S 36°09'28" E for a distance of 152.30 feet to an iron rod found with TXDOT aluminum cap being an angle point of the herein described tract; 2) S 32°46'42" E for a distance of 181.09 feet to an iron rod found with TXDOT aluminum cap being the northeast corner of a 0 230 acre tract of land conveyed as a Right -Of -Way Easement recorded in Document No. 2004076752, of the Official Public Records of Williamson County, Texas, being a point on line of the herein described tract; 3) S 32°46'42" E for a distance of 102.30 feet to a calculated point, being the southeast corner of said 0.230 acre tract, same being a point on line of the herein described tract; 4) S 32°46'42" E for a distance of 1839.09 feet to a calculated point, being an angle point of the herein described tract; 5) S 26°40'54" E for a distance of 98.51 feet to a calculated point, being the cutback for said State Highway 130 and said County Road 152 (right-of-way width varies), same point being the most easterly southeast corner of the herein described tract; RPs n1,18n q- i-4 PARCEL B42 Page 2 of 5 6) With said cutback S 23°40'24" W for a distance of 95.98 feet to a iron rod found with TXDOT aluminum cap, being the most southerly southeast corner of the herein described tract; THENCE, with the southerly boundary line of said remnant of that 57.169 acre tract, same being the north right-of-way line of said County Road 152, the following (3) three courses; 7) S 68°17'13" W for a distance of 643.96 feet to a iron rod found with TXDOT aluminum cap, being an interior ell corner of the herein described tract; 8) S 21°34'42" E for a distance of 48.40 feet to a iron rod found with TXDOT aluminum cap, being an exterior ell corner of the herein described tract 9) S 68°53'07" W for a distance of 75.71 feet to a calculated point, being the southeast corner of Lot 13, Block `A'; Crystal Knoll Terrace Unit 3 as described in Cab. S Sld 131-133 of the Plat Records of Williamson County, Texas, same being the southwest corner of the herein described tract; 10) THENCE, departing the northerly right-of-way of said County Road 152, with the westerly boundary of said remnant of that 57.169 acre tract, same being the easterly boundary line of said Lot 13, N 21°10' 25" W for a distance of 20.00 feet; THENCE, departing said easterly boundary line of said Lot 13, through the interior of said remnant of that 57.169 acre tract, the following nine (9) courses; 11) N 68°53'07" E for a distance of 55.57 feet to a calculated point, being an angle point of the herein described tract; 12) N 21°34'42" W for a distance of 48.19 feet to a calculated point, being an angle point of the herein described tract; 13) N 68°17'13" E for a distance of 655.71 feet to a calculated point, being an angle point of the herein described tract; 14) N 23°40'24" E for a distance of 78.37 feet to a calculated point, being an angle point of the herein described tract; 15) N 26°40'54" W for a distance of 88.04 feet to a calculated point, being an angle point of the herein described tract; 16) N 32°46'42" W for a distance of 1838.02 feet to a calculated point, being the southerly boundary line of said 0.230 acre tract, same being a point on line of the herein described tract; 17) N 32°46'42" W for a distance of 102.30 feet to a calculated point, being the northerly boundary line of said 0.230 acre tract, same being a point on line of the herein described tract; 18) N 32°46'42' W for a distance of 180.50 feet to a calculated point, being an angle point of the herein described tract; #© PARCEL B42 Page 3 of 5 19) N 36°09'28" W for a distance of 157.07 feet to a calculated point, being the southerly boundary line of the remainder of said 102-1/2 acre tract, same being the most northwest corner of the herein described tract; 20)THENCE, with the southerly boundary line of the remainder of said 102-1/2 acre tract same being the northerly boundary of said remnant of that 57.169 acre tract N 68°49'54" E for a distance of 20.70 feet to the POINT OF BEGINNING, containing 1 478 acres (64,403 square feet) of land, more or less. NOTE: There is also a 50.00 foot wide Temporary Construction Easement beginning in the common boundary line of said Lot 13 and said remnant of that 57.169 acre tract, being 97 61 feet northerly of the exterior ell corner hereof, thence being west and north of, adjacent to and parallel with Courses (13) through (19) 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. 7!.. ,.Adat M.tephen t'ruesiale 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 M. STEPHEN TRUESDALE is SUR' tAllIti► ► ..:AT TO ACCOMPANY DESK !IP TION LEGEND © I" IRON PIPE FND 1/2" IRON ROD FND O IRON ROD FND W/ TXDOT ALUMINUM CAP CALCULATED POINT PROPERTY LINE O .P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS O .R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS LINE TABLE NO. BEARING DISTANCE LI S 36°09'28" E 152.30' L2 S 32°46'42" E 181.09' L3 S 32°46142" E 102.30' L4 S 26°40'54" E 98.51' L5 S 23°40'24" W 95.98' L6 S 68°17'13" W 643.96' L7 S 21°34142" E 48.40' (L7) (S 21°34143" E) (48.40') L8 S 68°53'07" W 75.71' AMELIA WITTERA, AND HUSBAND, BOHOUS WITTERA L17 (102 1/2 AC.) VOL. 472 PG. 133 D.R.W.C.T. THOMAS D. STIPANOVIC, PAUL D. STIPANOVIC VOL. 2135 PG. 552 O.R.W.C.T. AND BARBARA MCMURRAY AS CUSTODIAN FOR KARSEN B. STIPANOVIC UNDIVIDED 25X INTEREST (57.169 AC.) DOC. N0. 9868194 O.R.W.C.T. NOTES: I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS S TATE 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 N O. 0440-02-012, PREPARED BY ARCADIS, INC. 3) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE 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 H 4 ND AND SEAL at Round Roc M. STE'HUESDALE Registered Professional Land Surveyor No. 4933 Inland Geodetics, LP 504 Chisholm Trail Rd. Suite 103 Round Rock, TX 78681 Williamson County, Tex INLAN GEODETIC PROFESSIONAL LAND SURV 1504 CHISHOLM TRAIL RD 5 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 E P.O.B. 100 0 100 200 a d SCALE I" = 200' R.O.W. EASEMENT (0.230 AC.) DOC. NO. 2004076752 O.P.R.W.C.T. 4, 1.478 ACRES 64,403 SQ. FT. PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT (158,331 SQ. FT.) PARCEL B42 1.478 ACRES LINE TABLE NO. BEARING DISTANCE L9 N 21°10'25" W 20.00' LIO N 68°53'07" E 55.57° Lll N 21°34142" W 48.19' LI2 N 23°40'24" E 78.37' L13 N 26°40154'° W 88.04' 14 N 32°46'42" W 102.30' y N 32°46'42" W 180.50' N 36°09'28" W 157.07' f7 N 68°49'54" E 20.70' 64,403 SQUARE FEET PAGE 4OF5 f7 C _i rv-1 i : ne, t x rrrtsr r AT TO ACCOMPANY DESL `IPTION N 05°1611" E 0.30 DETAIL "A" N.T.S. CRYSTAL KNOLL TERRACE UNIT 3 CAB. S, SLO. 131-133 P.R.W.C.T. DRAINAGE ANO PUBLIC UTILITY EASEMENT BLOCK 'A' LOT 13 L9 \\t THOMAS D. STIPANOVIC, PAUL D. STIPANOVIC VOL. 2135 PG. 552 O.R. W.C.T. AND BARBARA MCMURRAY AS CUSTODIAN FOR KARSEN B. STIPANOVIC UNDIVIDED 25X INTEREST (57.169 AC.) DOC. NO. 9868194 O.R.W.C.T. 101 P.U.E. INLAND GEODETICS eiTh u PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 \.6 100 0 100 SCALE 1" = 200' 121/4 vnuctl .yL \ \ \\ 2\ � 1 *gl. \ `9% r0\ 1.478 ACRES 64,403 SQ. FT. a \.E 6A3 g61 .L R 0 68o\i \2 w �oP�0.9) is CON.) \14W 1 EXHIBIT co 200 s NA" q0. J 0 F SEE DETAIL "A" Page - PARCEL B42 1 478 ACRES 64,403 SQUARE FEET PAGE 5 OF 5 i�Dc h'I1Peal) _LI e_a t'7n ar A '9