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Home My WebLink AboutRES 052510-M - PCN Carlson PropertyRESOLUTION NO r 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 0.547 of an acre, more or less (Parcel C1) 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 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 those certain tract of real property in Williamson County totaling 39,685 square feet and depicted graphically as `PROPOSED TEMPORARY CONSTRUCTION EASEMENT" on page 3 of the attached Exhibits "A", which temporary construction easement tract abuts the eastern 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 [4asement, 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 determine 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 + 1 Declaring Public Convenience & Necessity — Parcel C 1 Carlson property (2006 Annexation Utility Improvements Project) Page 1 of 3 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" 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 tract of real property in Williamson County totaling 39,685 square feet and depicted graphically as "PROPOShD TEMPORARY CONSTRUCTION I-ASEMhNT" 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 basement, 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. tinter 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; 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 I- asement for the necessary land title(s) for Resolution No Declaring Public Convenience & Necessity — Parcel C 1 Carlson property (2006 Annexation Utility Improvements Project) Page 2 of 3 g• each in the event the owner(s) fail to accept a bona fide offer to purchase the Property and/or Temporary Construction basement; and Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 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 day of May 10, 2010. ATTEST: Jes ca F Hamilto APPROVED AS TO FORM: Mark T. Sokolow, City Attorney Resolution No Declaring Public Convenience & Necessity — Parcel C 1 Carlson property (2006 Annexation Utility Improvements Project) Page 3 of 3 THE CITY OF GF,ORGhTOWN• Geo ge G. Garver, Mayor PARCEL C1 Page 1 of 3 PROPERTY DESCRIPTION DESCRIPTION OF A 0.547 ACRE (23 826 SQUARE FOOT), TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235 WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 24.230 ACRE TRACT OF LAND CONVEYED TO MILTON D. CARLSON, BY INSTRUMENT RECORDED IN VOLUME 725, PAGE 655 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 0.547 ACRE (23,826 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found, being the northwest corner of said 24.230 acre tract, same being the northeast 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, also being the southerly right-of-way line of the Georgetown Railroad (right-of-way width 100') for the northwest corner of the herein described tract; 1) THENCE, with the southerly right-of-way line of said Georgetown Railroad, same being the northerly boundary line of said 24.230 acre tract along a curve to the right, having a radius of 5,634.03 feet, a central angle of 00°12'22", a chord which bears N 54°38'49" E, a distance of 20.26 feet, with an arc length of 20.26 feet, to a calculated point for the northeast corner of the herein described tract; THENCE, departing the southerly right-of-way line of said Georgetown Railroad, through the interior of said 24 230 acre tract, the following two (2) courses: 2) S 26°10'55" E for a distance of 565.22 feet to a calculated point for an angle point of the herein described tract; 3) S 51 °08'03" E for a distance of 627.39 feet to a calculated point, being the southerly boundary line of said 24.230 acre tract, same being the northerly boundary line of that 10.00 acre tract of land conveyed to Nathan Scott Robins et ux, by instrument recorded in Document No 2004044048 of the Official Public Records of Williamson County, Texas, for the southeast corner of the herein described tract; 4) THENCE with the southerly boundary line of said 24.230 acre tract, same being the northerly boundary line of said 10.00 acre tract, S 62°04'45" W, a distance of 21 76 feet to a 1/2' iron rod found, being the southwest corner of said 24.230 acre tract, same being the southeast corner 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, same being an angle point in the northerly boundary line of said 77.29 acre tract, for the southwest corner of the herein described tract; PARCEL C1 Page 2 of 3 5) THENCE, departing the northerly boundary line of said 77.29 acre tract, with the westerly boundary line of said 24.230 acre tract, same being the easterly boundary line of said 15.057 acre tract, N 51°08'03" W for a distance of 623.23 feet to an iron rod found, being the southeast corner of said 6.061 acre tract, same being the northeast corner of said 15 057 acre tract, for an angle point of the herein described tract; 6) THENCE, continuing with the westerly boundary line of said 24.230 acre tract, same being the easterly boundary line of said 6 061 acre tract, N 26°10'55" W for a distance of 566.42 feet to the POINT OF BEGINNING, containing 0.547 acres (23,826 square feet) of land, more or less. NOTE• This parcel is accompanied by a Temporary Construction Easement (TCE) being generally easterly of courses two (2) and three (3) from the metes and bounds description there of and depicted in the parcel plat. The TCE emanates from a point in the southerly right-of-way line of said Georgetown Railroad, being N 55°33'13" E for a distance of 158.06 feet from the northeast corner of herein described parcel. The TCE departs said southerly right-of-way line and through said 24 230 acre tract the following courses: S 26°10'55" E for a distance of 163 88 feet to a point for angle; S 63°49'05" W for a distance of 141.42 feet to a point for angle; Thence, 15 feet in width, easterly of, adjacent to, and parallel with the southerly remainder of course two (2) and all of course three (3) terminating in the northerly boundary line of said 10.00 acre tract described herein. The TCE will encompass an area of 39,685 square feet 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. Steplien 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 50 • 0 %7 -❑E- X• 0 50 SCALE I" = 100' LEGEND PLAT TO ACCOMPANY DESCRIPTION 'co \\1 C ��` o \ �•l �� DSO C O" G P.O.B. 1/2" IRON ROD FND CALCULATED POINT IRON ROD FOUND CAPPED IRON ROD FOUND W/ TXDOT ALUMINUM CAP TYPE I CONC MARKER FND PROPERTY LINE EDGE OF PAVEMENT OVERHEAD ELECTRIC LINE WIRE FENCE GUY ANCHOR POWER POLE SIGN LIGHT 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 W FFICIAL RECORDS W ILLIAMSON COUNTY, TEXAS DEED RECORDS W ILLIAMSON COUNTY, PLAT RECORDS W ILLIAMSON COUNTY, TEXAS TEXAS ED R. WALLACE AND WIFE, CATHIE WALLACE (6.061 AC.) VOL. 795 PG. 384 D.R.W.C.T. PROPOSED TEMPORARY CONSTRUCTION EASEMENT (39,685 SQ. FT.) LINE TABLE NO. BEARING DISTANCE LI S 26°10155" E 565.221 L2 S 51°O8'03" E 627.39' L3 S 62°04'45" W 21.76' L4 N 51°08'03" W 623.23' L5 N 26°10'55" W 566.42' CURVE TABLE NO. DELTA RADIUS ARC CHORD BEARING CI 00012122" 5634.03' 20.26' 20.26' N 54038149" E C2 01°36127" 5634.03 158.06' 158.06' N 55033113" E 0.547 ACRES 23,826 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. MARK SHEPHERD 8 JANE SHEPHERD (15.057 AC.) DOC. NO. 2007043619 O.P.R.W.C.T. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS. M. tTEPHEN TFUESDALE ' `' DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 1504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 NLAN D GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 MIL TON D. CARLSON (24.230 AC.) VOL. 725 PG. 655 D.R. W C. T. PROPOSED TEMPORARY CONSTRUCTION EASEMENT (39,685 SQ. FT.) Se \ Ise DAVID M. ROBINS, IRA (77.29 AC.) DOC. NO. 2004044048 O.P.R.W.C.T. PARCEL C1 0 547 ACRES 23,826 SQUARE FEET NATHAN SCOTT ROBINS. ET UX (10.00 AC.) DOC. NO. 2004044048 O.P.R.W.C.T. PAGE 3 OF 3