HomeMy WebLinkAboutRES 052510-J - PCN Hoyle 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 20' permanent utility easement on, over, under and across those certain tracts of real
property in Williamson County totaling 1.522 acres, more or less (Parcel A37 Part 1), and 0.585
acres, more or less (Parcel A37 Part 2) described by metes and bounds in the attached Exhibits
"A' and "B", respectively, which exhibits are incorporated herein by reference as if fully set out
and which are subsequently referred to as the "Property," for construction, reconstruction,
improvement, operation, use, maintenance and extension of 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 25' temporary construction easement on., over, under and across those certain tract of real
property in Williamson County totaling 82,737 square feet and 30,721 square feet, more or less,
and depicted graphically as "PROPOSED 25' WIDE TEMPORARY CONSTRUCTION
EASEMENT ' on page 3 of the attached Exhibits "A" and "B", respectively, which temporary
construction easement tracts abut the western boundaries of the Property and are 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
Resolution No. -a
Declaring Public Convenience & Necessity — Parcel A37 Parts 1 and 2, Hoyle property (2006
Annexation Utility Improvements Project)
Page 1 of 3
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
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 Exhibits "A" and "B' for construction, reconstruction, improvement,
operation, use, maintenance and extension of public utility infrastructure
improvements and appurtenances thereto.
That public convenience and necessity requires acquisition of a temporary
construction easement on, over, under and across those certain tracts of real property
in Williamson County totaling 82,737 square feet and 30,721 square feet, more or
less, and depicted graphically as "PROPOSED 25' WIDE TEMPORARY
CONSTRUCTION hASEMI-ENT" on page 3 of the attached Exhibits "A" and "B",
respectively, 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;
Negotiate with the owners of any such property rights for the purchase
thereof;
Resolution No.
Declaring Public Convenience & Necessity — Parcel A37 Parts 1 and 2, Hoyle property (2006
Annexation Utility Improvements Project)
Page 2 of 3
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 hasement 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:
ica E H
ty Secretary
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
day of May 10, 2010.
TFIF CITY OF GEORGETOWN:
By:
Ge • ge G. Garver, Mayor
Resolution No
Declaring Public Convenience & Necessity — Parcel A37 Parts 1 and 2, Hoyle property (2006
Annexation Utility Improvements Project)
Page 3 of 3
PARCEL A37-PART 1 Page 1 of 3
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 1.522 ACRE (66,314 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS
SURVEY, ABSTRACT NO. 524 IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT 111.36 ACRE TRACT OF
LAND CONVEYED TO JASPER N. SUDDUTH AND IDA P.
SUDDUTH, (TRACT I) BY INSTRUMENT RECORDED IN
VOLUME 512, PAGE 71, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 1 522 ACRE (66,314
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 the northeast corner of said 111.36 acre tract, and being
the southeast corner of a 72.32 acre tract of land conveyed to James C. Niemann recorded in
Volume 886, Page 335, of the Deed Records of Williamson County, Texas, from which a
capped iron rod found bears, N 17°03'02" E, for a distance of 1 08 feet
1) THENCE, with the existing westerly right-of-way line of Interstate Highway 35,
same being the easterly boundary of said 111.36 acre tract, S 13°56'19' W a
distance of 542.63 feet, pass a TXDOT type I concrete monument found, continuing
for a distance of 1543.40 feet, pass a TXDOT type I concrete monument found, for a
total distance of 3318.25 feet to a calculated point being an angle point in said
111 36 acre tract, same being the northeast corner of a 3,05 acre tract of land
conveyed to Donald Hoyle and Patsy S. Hoyle recorded in Volume 545, Page 392,
of the Deed Records of Williamson County, Texas, for the southeast corner of the
herein described tract;
2) THENCE, departing the westerly right-of-way line of Interstate Highway 35, with the
common boundary line of said 111.36 acre tract, and said 3 05 acre tract, S
82°57'58" W for a distance of 21.42 feet to a calculated point, for the southwest
corner of the herein described tract;
3) THENCE, departing the northerly boundary line of said 3.05 acre tract, through the
interior of said 111.36 acre tract, N 13°56 19" E for a distance of 3312.82 feet to a
calculated point in the northerly boundary line of said 111 36 acre tract, same being
the southerly boundary line of said 72.32 acre tract, for the northwest corner of the
herein described tract;
4) THENCE, along said common boundary line, N 70°42'40" E for a distance of
23 91 feet to the POINT OF BEGINNING, and containing 1.522 acres (66,314
square feet) of land, more or less.
PARCEL A37-PART 1 Page 2 of 3
NOTE: There is also a 25.00 foot wide Temporary Construction Easement west of, adjacent to
and parallel with Course 3 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 Tuesdale
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
Date
200
0
100
PLAT TO ACCOMPANY DESCRIPTION
200
LINE
TABLE
NO.
BEARING
DISTANCE
LI
S 82°57'58" W
21.42'
L2
N 70°42'40"
E
23.91'
DETAIL "A"
N.T.S.
N 17° 03102" E
1.08'
(72.32 AC.)
P.O.B.
LEGEND
•
71
DE
—X
•
O.R.W.C.T.
D.R.W.C.T.
I/2" IRON ROD FND
CALCULATED POINT
IRON ROD FOUND CAPPED
TYPE I CONCRETE MONUMENT
FOUND
PROPERTY LINE
EDGE OF PAVEMENT
OVERHEAD ELECTRIC LINE
WIRE FENCE
GUY ANCHOR
POWER POLE
SIGN
LIGHT POLE
PULL BOX
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
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 BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT
ARE NOT DEPICTED HEREON.
STATE OF TEXAS
COUNTY OF WILLIAMSON
P.O.B
L
SEE DETAIL "A"
JAMES C. NIEMANN
(72.32 AC.)
VOL. 886, PG. 335
D.R.W.C.T.
PART I
1.522 ACRES
66,314 SQ. FT.
JASPER N. SUDDUTH
a /DA P. SUDDUTH
(///.36 AC.)
VOL. 5/2, PG. 7/
(TRACT /)
D.R.W.C.T.
THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRE
THE BEST OF MY KNOWLEDGE AND BELIEF.
WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS.
M. STEPHEN tRUESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX 78681
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1 504 CHISHOLM TRAIL RD STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
R
T
PARCEL A37
PART 1
1 522 ACRES
66,314 SQUARE FEET
I
PROPOSED 25' WIDE
TEMPORARY
CONSTRUCTION
EASEMENT
(82,735 SO. FT.)
PAGE 3 OF 3
PARCEL A37 PART 2 Page 1 of 3
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.585 ACRE (25,478 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS
S URVEY, ABSTRACT NO. 524, AND THE JOHN BERRY
S URVEY, ABSTRACT NO. 51, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT 111 36 ACRE TRACT OF
LAND CONVEYED TO JASPER N. SUDDUTH AND IDA P.
SUDDUTH BY INSTRUMENT RECORDED IN VOLUME 512,
PAGE 71, (TRACT I) OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.585 ACRE (25,478
S QUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a calculated point in the common northerly boundary line of said 111.36 acre
tract, and the southerly boundary line of a 3.05 acre tract of land conveyed to Donald Hoyle and
Patsy S. Hoyle recorded in Volume 545, Page 392, of the Deed Records of Williamson County
Texas and being the northwest corner of the herein described tract;
1) THENCE, along the common boundary line of said 3.05 acre tract and the said
111.36 acre tract, N 82°57'58" E for a distance of 21 42 feet to a calculated point in
the existing westerly right-of-way line of Interstate Highway 35 (right of way width
varies), being the northeast corner of the herein described tract;
2) THENCE, departing the southerly boundary line of said 3.05 acre tract, with the
easterly boundary line of said 111.36 acre tract, same being the existing westerly
right-of-way line of Interstate Highway 35, S 13°56'19" W a distance of 119.25 feet,
pass a TXDOT type I concrete monument found, for a total distance of 220.13 feet
to a 3/8' iron rod found, said point being the southeast corner of said 111.36 acre
tract and the northeast corner of that 1.249 acre tract of land conveyed to Howard
Neil Landry recorded in Volume 1732, Page 249 of the Official Records of
Williamson County, Texas, being the southeast corner of the herein described tract;
3) THENCE, along the common southerly boundary line of said 111.36 acre tract, and
the northerly boundary line of said 1.249 acre tract, S 67°42'51" W for a distance of
994.61 feet to a calculated point for the northwest corner of said 1.249 acre tract
same being the northeast corner of that 71.997 acre tract of land conveyed to NWC
S H195 and 135 LTD recorded in Document Number 2008000666, of the Official
P ublic Records of Williamson County, Texas;
4) THENCE, with the common southerly boundary line of said 111.36 acre tract,
and the northerly boundary line of said 71.997 acre tract, S 65°23'24" W a
distance of 0 20 feet, pass a capped iron rod found, for a total distance of 65.58
feet to a calculated point, being the southwest corner of said 111.36 acre tract,
being the southeast corner of that 45.00 acre tract of land conveyed to Mitchell L.
Fortune and Judith D. Fortune as recorded in Document Number 2004002927 of
the Official Public Records, Williamson County, Texas being the southwest
corner of the herein described tract;
PARCEL A37 PART 2 Page 2 of 3
5) THENCE, along the common westerly boundary line of said 111.36 acre tract
and the easterly boundary line of said 45.00 acre tract, N 13°15'43" W for a
distance of 26.26 feet to a calculated point, being the most westerly northwest
corner of the herein described tract;
THENCE, departing the easterly boundary line of said 45.00 acre tract, through the
interior of said 111.36 acre tract the following (3) three courses:
6) N 70°45'46" E for a distance of 61.50 feet to a calculated point;
7) N 67°42'51" E for a distance of 984.47 feet to a calculated point;
8) N 13°56'19" E for a distance of 202.32 feet to the POINT OF BEGINNING,
containing 0.585 acres (25,478 square feet) of land, more or less
NOTE: There is also a 25.00 foot wide Temporary Construction Easement east of, adjacent to
and parallel with Course (8) and north of adjacent to, and parallel with Course (3) and (4) 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 Truesdaie, 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 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
Date
100
0
100 200
SCALE In = 200'
DETAIL
N.T.S
S 65°2324" W
0.20'
L
SEE
egorso
DETAIL ����
Aj
♦'
OVA °~
P
AT TO ACCOMPANY DESCRIPTION
LINE
TABLE
NO.
BEARING
DISTANCE
LI
N 82°57'58" E
21.42'
L2
S 65°23'24" W
65.58'
(L2)
(N 65°19'27" E)
(65.60')
L3
N 13°15'43" W
26.26'
L4
N 70°45146" E
61.50'
DONALD HOYLE &
PATSY S. HOYLE
(3.05 AC.)
VOL. 545, PG. 392
D.R.W.C.T.
JASPER N. SUDDUTH
& /DA P. SUDDUTH (///.36 AC.)
VOL. 5/2, PG. 7/ (TRACT /)
D.R. W. C. T.
f\ � j...
PART 2 1
0.585 ACRES ` o 2 ✓,
25,478 SQ. FT. \/� -
NWC SHI95 a 135 LTD.
(71.997 AC.)
DOC. NO. 2008000666
O.P.R.W.C.T.
HOWARD NEIL LANDRY
(1.249 AC.)
VOL. 1732, PG. 249
O.R.W.C.T.
PROPOSED 25' WIDE
TEMPORARY CONSTRUCTION
EASEMENT
(30,721 SO. FT.)
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 BE 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 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. STEPHEN TUESDALE " DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX 78681
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1 504 CHISHOLM TRAIL RD STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
A
woo
P,O.B. - L
Lail
vet,
cvrnc0'� ' —h,
in
O
Ct
O
LEGEND
I/2" IRON ROD FND
CALCULATED POINT
IRON ROD FOUND CAPPED
TYPE I CONCRETE MONUMENT
FOUND
PROPERTY LINE
EDGE OF PAVEMENT
—DE-
- X
O.R.W.C.T
OVERHEAD ELECTRIC LINE
WIRE FENCE
GUY ANCHOR
POWER POLE
SIGN
LIGHT POLE
PULL BOX
HOSE BIB
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
PARCEL A37
PART 2
0.585 ACRES
25,478 SQUARE FEET
PAGE 3 OF 3