HomeMy WebLinkAboutRES 052510-K - 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 0.049 of an acre, more or less (Parcel A38) 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 public utility
infrastructure improvements and appurtenances thereto (the "Project"); and
WHERFi AS, 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 2 677 square feet and depicted graphically as
`PROPOSED 25 WIDE TEMPORARY CONSTRUCTION FASFiMENT" on page 3 of the
attached Exhibits ' A", which temporary construction easement tract abuts the western boundary
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
Resolution No
Declaring Public Convenience & Necessity — Parcel A38 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 Fasement 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,
WHI-REAS, 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" 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 those certain tracts of real property
in Williamson County totaling 2,677 square feet and depicted graphically as
"PROPOSED 25' WIDI- TEMPORARY CONSTRUCTION FASEMFNT" on page
3 of the attached Exhibits "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 detelinine 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
Resolution No +
Declaring Public Convenience & Necessity — Parcel A38 Hoyle property (2006 Annexation
Utility Improvements Project)
Page 2of3
subject to express approval of the specific, negotiated teims 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
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 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 +ay of May 10, 2010.
ATTEST:
ca L Hami one ity Secretary
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
THE CITY OF GEORGETOWN :
By:
George G. Garver, Mayor
Resolution No e 1
Declaring Public Convenience & Necessity — Parcel A38 Hoyle property (2006 Annexation
Utility Improvements Project)
Page 3 of 3
PARCEL A38 Page 1 of 3
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0 049 ACRE (2,142 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS
SURVEY, ABSTRACT NO. 524 IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT 3 05 ACRE TRACT OF
LAND CONVEYED TO DONALD HOYLE AND PATSY S. HOYLE
BY INSTRUMENT RECORDED IN VOLUME 545, PAGE 392, OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.049 ACRE (2,142 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the common boundary line of said 3.05 acre tract, and that
111.36 acre tract of land (Tract 1) conveyed to Jasper N. Sudduth and Ida P. Sudduth recorded
in Volume 512, Page 71 of the Deed Records of Williamson County, Texas;
1) THENCE, departing the boundary line of said 111.36 acre tract, through the interior
of said 3.05 acre tract, N 13°56'19' E for a distance of 107.09 feet to a calculated
point, being in the common boundary line of said 3.05 acre tract and of said 111 36
acre tract, being the northwest corner of the herein described tract;
2) THENCE, along the common boundary line of said 3.05 acre tract, and 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 said 3 05 acre tract, an exterior ell corner in
the easterly boundary line of said 111.36 acre tract, and being the northeast corner
of the herein described tract from which a TXDOT type I concrete monument found
bears N 13°56'19" E for a distance of 1774 86 feet;
3) THENCE, departing the boundary line of said 111.36 acre tract, with the westerly
right-of-way line of Interstate Highway 35, same being the easterly boundary line
of said 3.05 acre tract, S 13°56'19" W for a distance of 107.09 feet to a
calculated point, being the southeast corner of said 3.05 acre tract and an
exterior ell corner in the easterly boundary line of said 111,36 tract, from which a
TXDOT type I concrete monument found bears S 13°56'19" W for a distance of
119.25 feet;
4) THENCE, departing the existing westerly right-of-way line of Interstate Highway
35, along the common boundary line of said 3.05 acre tract, and said 111.36 acre
tract, S 82°57'58" W for a distance of 21.42 feet to the POINT OF BEGINNING,
containing 0.049 acres (2,142 square feet) of land, more or Tess
PARCEL A38
Page 2 of 3
NOTE- There is also a 25,00 foot wide Temporary Construction Easement west of, adjacent to
and parallel with Course 1 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 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
PLAT TO ACCOMPANY DESCRIPTION
LEGEND
A
%7
❑E
X
1/2" IRON ROD FND
CALCULATED POINT
IRON ROD FOUND CAPPED
TYPE I CONCRETE MONUMENT
PROPERTY LINE
EDGE OF PAVEMENT
OVERHEAD ELECTRIC LINE
WIRE FENCE
D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
LINE
TABLE
NO.
BEARING
DISTANCE
LI
N
13°56'19" E
107.09'
L2
N 82°57'58" E
21.42'
L3
S 13°56'19"
W
107.09'
L4
S 82°57'58" W
21.42'
L5
S 13°56'19" W
119.25'
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
50 0
50 100
SCALE I" = 100'
JASPER N. SUDDUTH
& IDA P. SUDDUTH
(111.36 AC.)
VOL. 512, PG. 71
(TRACT I)
D.R.W.C.T.
PROPOSED 25' WIDE
TEMPORARY
CONSTRUCTION
EASEMENT
(2,677 SQ. FT.)
DONALD HOYLE &
PATSY S. HOYLE
(3.05 AC)
VOL. 545, PG. 392
D.R. W. C. T.
JASPER N. SUDDUTH
& IDA P. SUDDUTH
(111.36 AC.)
VOL. 512, PG. 71
(TRACT I)
D.R.W.C.T.
THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND
THE BEST OF MY KNOWLEDGE AND BELIEF.
CORRECT TO
WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS
M. STEPHEN TR;UESDALE 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
PARCEL A38
0.049 ACRES
2,142 SQUARE FEET
U r (0
CO
LU
CD
0.049 AC.
2,142 SQ. FT.
PAGE 3 OF 3