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Home My WebLink AboutRES 052510-L - PCN Construction EsmtRESOLUTION 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 10' temporary construction easement on, over, under and across those certain tracts of real property in Williamson County totaling 0.109 of an acre, more or less (Parcel B39) 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, construction excavation, temporary access, spoil storage equipment storage, and any and all other uses necessary or desirable to effectuate the improvement, operation, use, maintenance and extension of public utility infrastructure improvements and appurtenances on property adjacent thereto (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 for the purposes stated hereinabove; 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 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 for the purposes of surveying and establishing said land titles and to determine adequate compensation for the Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the necessary land title(s); 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; Resolution No 1 Declaring Public Convenience & Necessity — Parcel B39 Georgetown Woodworks Temporary Construction Easement (2006 Annexation Utility Improvements Project) Page 1 of 3 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 1. 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 0.109 of an acre more or less (Parcel B39) described by metes and bounds in 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. 2. 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 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 requiredproperty rights and the construction of the Project; c. hnter 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 for the necessary land title(s) in the event the owner(s) fail to accept a bona fide offer to purchase the Property and; 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 are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. Resolution No. Declaring Public Convenience & Necessity — Parcel B39 Georgetown Woodworks Temporary Construction I--asement (2006 Annexation Utility Improvements Project) Page 2of3 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 SM day of May 10, 2010. ATTEST: THE CITY OF GEORGETOWN: By: ca F Han torn,\City Secretary APPROVED AS TO FORM: Mark T. Sokolow, City Attorney Geor G. Garver, Mayor Resolution No. 1 Declaring Public Convenience & Necessity — Parcel B39 Georgetown Woodworks Temporary Construction 1-asement (2006 Annexation Utility Improvements Project) Page 3 of 3 PARCEL B39 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.109 ACRE (4,762 SQUARE FOOT), TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235 WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 9.810 ACRE TRACT OF LAND CONVEYED TO GEORGETOWN WOODWORKS LLC , BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006061352 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0 109 ACRE (4,762 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point, being the northwest corner of that 6.061 acre tract of land conveyed to Ed R. Wallace and wife, Cathie Wallace, by instrument recorded in Volume 795 Page 384 of the Deed Records of Williamson County, Texas, same being the northeast corner of said 9 810 acre tract, also being the southerly right-of-way line of the Georgetown Railroad (right-of-way width 100') for the northeast corner of the herein described tract; 1) THENCE, departing the southerly right-of-way line of said Georgetown Railroad, with the easterly boundary line of said 9 810 acre tract, same being the westerly boundary line of said 6.061 acre tract S 28°17'25" E for a distance of 477.29 feet to an iron rod found capped, being the southwest corner of said 6.061 acre tract, same being the easterly boundary line of said 9.810 acre tract, same being an angle point in the northerly boundary line of that 15.057 acre tract of land conveyed to Mark Shepherd and Jane Shepherd by instrument recorded in Document No. 2007043619 of the Official Public Records of Williamson County, Texas, for the southeast corner of the herein described tract; THENCE, departing the westerly boundary line of said 6.061 acre tract, through the interior of said 9.810 acre tract, the following two (2) courses: 2) S 61°42'35" W for a distance of 10.00 feet to a calculated point for the southwest corner of the herein described tract 3) N 28°17'25" W for a distance of 475 07 feet to a calculated point, being the southerly right-of-way line of said Georgetown Railroad, same being the northerly boundary line of said 9.810 acre tract for the northwest corner of the herein described tract; 4) THENCE, with the southerly right-of-way line of said Georgetown Railroad, same being the northerly boundary line of said 9.810 acre tract along a curve to the right having a radius of 5,634.03 feet, a central angle of 00°06'15' , a chord which bears N 49°11'43" E, a distance of 10.24 feet, with an arc length of 10.24 feet, to the POINT OF BEGINNING, containing 0.109 acres (4,762 square feet) of land, more or less. PARCEL B39 Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT 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. a a „it tor M. Stephen Trudsdale 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 50 0 50 SCALE I = 100' 100 PLAT TO ACCOMPANY DESCRIPTION KATY CROSSING \ LOT 28 SECTION ONE PQ CAB. "N" SOS. 323-326 O P.R.W.C.T\ LOT 29 `� LOT 31¢. clip* 0 CI LEGEND 0 1 ✓/ -❑E- - X • I/2" IRON ROD FND CALCULATED POINT IRON ROD FOUND CAPPED IRON ROD FOUND W/ TXDOT ALUMINUM CAP TYPE 1 CONC MARKER FND PROPERTY LINE EDGE OF PAVEMENT O VERHEAD ELECTRIC LINE W IRE FENCE GUY ANCHOR POWER POLE SIGN L IGHT POLE PULL BOX O .P R.W.C.T O .R.W.C.T. D.R.W.C.T. P.R.W.C.T. OFFICIAL PUBLIC RECORDS W ILLIAMSON COUNTY, TEXAS O FFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS W ILLIAMSON COUNTY, TEXAS LOT 30 SEE DETAIL "A" 9 GEORGETOWN WOODWORKS, LLC (9.810 AC.) DOC. NO. 2006061352 O.P.R.W.C.T. P.O.B. \ OTC\ 2O �c Pp� N 52° 26'01" W 0.94' DETAIL "A" N.T S. A\ �O GEORGETOWN WOODWORKS, LLC (9.810 AC.) DOC. NO. 2006061352 O.P.R.W.C.T. CURVE TABLE NO.J DELTA RADIUS ARC CHORD BEARING CI l 00°06'15" 5634.03' 10.24' 10.24' N 49°II'43" E TEMPORARY CONSTRUCTION EASEMENT 0.109 ACRES 4,762 SQ. 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. 10' M. STEPrHEN TRU'ESDALE ` 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 Pi ED R. WALLACE AND WIFE, CATHIE WALLACE (6.061 AC.) VOL. 795 PG. 384 D.R.W.C.T. LINE TABLE NO. BEARING DISTANCE LI S 28°17'25" E 477.29' L2 S 61°42'35" W 10.00' L3 475.07' N 280171250 W L2 PARCEL B39 TEMPORARY CONSTRUCTION EASEMENT 0.109 ACRES 4,762 SQUARE FEET MARK SHEPHERD & JANE SHEPHERD (15.057 AC.) DOC. NO. 2007043619 O.P.R.W.C.T. PAGE 3 OF 3