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Home My WebLink AboutRES 052510-N - PCN Wallace 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 permanent utility easement varying in width from 20' — 35' on, over, under and across those certain tracts of real property in Williamson County totaling 0.567 of an acre, more or less (Parcel B40) described by metes and bounds in the attached Exhibit "A", which exhibit is incorporated herein by reference as if fully set out andwhich 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 10' temporary construction easement on, over, under and across those certain tract of real property in Williamson County totaling 5,146 square feet and depicted graphically as `PROPOSED 10 WIDE TEMPORARY CONSTRUCTION EASEMENT" on page 3 of the attached Exhibits "A" which temporary construction easement tract abuts the southern boundary of a portion 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 basement 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 E asement, and the Project; and Resolution No. Declaring Public Convenience & Necessity — Parcel B40 Wallace 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 E asement 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, WHERE AS, 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 5,146 square feet and depicted graphically as "PROPOSED 10' WIDE TEMPORARY CONSTRUCTION EASEMENT" 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 E asement, 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; 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; 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 B40 Wallace property (2006 Annexation Utility Improvements Project) Page 2of3 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 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, confiuued, 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: ca E Hamilton, ity Secretary PPROVED AS TO FORM: Mark T. Sokolow, City Attorney THE CITY OF GEORGETOWN: By: ' r George G. Garver, Mayor Resolution No ( Declaring Public Convenience & Necessity — Parcel B40 Wallace property (2006 Annexation Utility Improvements Project) Page 3 of 3 PARCEL B40 Page 1 of 3 rd , EXHIBIT Al PROPERTY DESCRIPTION DESCRIPTION OF A 0.567 ACRE (24 708 SQUARE FOOT), TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO 235 WILLIAMSON COUNTY, TEXAS, BEING A PORTION 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, SAID 0 567 ACRE (24 708 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 said 6.061 acre tract, same being the northeast corner 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, 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, and from which a 1/2" iron rod found bears N 52°26'01" W for a distance of 0.94 feet; 1) THENCE, with the southerly right-of-way line of said Georgetown Railroad, same being the northerly boundary line of said 6.061 acre tract, along a curve to the right, having a radius of 5,634.03 feet, a central angle of 05°17'48", a chord which bears N 51°53'44' E, a distance of 520.65 feet, with an arc length of 520.83 feet, to a 1/2" iron rod found, being the westerly boundary line of that 24 230 acre tract, conveyed to Milton D. Carlson, by instrument recorded in Volume 725, Page 655 of the Deed Records of Williamson County, Texas, same being the easterly boundary line of said 6.061 acre tract, for the most northerly corner of the herein described tract; 2) THENCE, departing the southerly right-of-way line of said Georgetown Railroad, with the westerly boundary line of said 24.230 acre tract, same being the easterly boundary line of said 6.061 acre tract, S 26°10'55" E for a distance of 20 27 feet to a calculated point for the most easterly corner of the herein described tract, THENCE, departing the westerly boundary line of said 24.230 acre tract, through the interior of said 6.061 acre tract, the following five (5) courses: 3) Along a curve to the left, having a radius of 5,614.03 feet, a central angle of 01°38'44", a chord which bears S 53°41'16" W, a distance of 161.22 feet, with an arc length of 161.23 feet, to a calculated point; 4) S 37°08'06" E for a distance of 15.00 feet to a calculated point; 5) Along a curve to the left, having a radius of 5,599 03 feet, a central angle of 03°26'3•3", a chord which bears S 51°08'38" W, a distance of 336.36 feet, with an arc length of 336.41 feet, to a calculated point; S 07°48'22' E for a distance of 12.26 feet to a calculated point; PARCEL B40 Page 2 of 3 7) S 28°17'25" E for a distance of 435.30 feet to a calculated point, being the southerly boundary line of said 6.061 acre tract, same being 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; 8) THENCE, with the southerly boundary fine of said 6.061 acre tract, same being the northerly boundary line of said 15.057 acre tract, S 61°42 35" W for a distance of 20 00 feet to an iron rod found capped, being the westerly boundary line of said 6 061 acre tract, same being the easterly boundary line of said 9.810 acre tract for the southwest corner of the herein described tract; 9) THENCE, departing the northerly boundary line of said 15.057 acre tract, with the westerly boundary line of said 6.061 acre tract, same being the easterly boundary line of said 9.810 acre tract, N 28°17'25" W for a distance of 477.29 feet to the POINT OF BEGINNING, containing 0.567 acres (24,708 square feet) of land, more or less NOTE• There is also a 10.00 foot wide Temporary Construction Easement southeast of, adjacent to and parallel with Courses three (3) through five (5) 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 Tru=esdale 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 PLAT TO ACCOMPANY DESCRIPTION KATY CROSSING 100 SECTION ONE CAB. "N" SOS. 323-326 P.R. W.C.T. SCALE I" = 100' LEGEND • A 0 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 /i EDGE OF PAVEMENT ❑E— OVERHEAD ELECTRIC LINE X — 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 WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS N \� LOT 28 P.O.B. SEE DETAIL "A" \ LOT GEORGETOWN WOODWORKS, LLC (9.810 AC.) DOC. NO. 2006061352 O.P.R.W.C.T. 27 LOT I ,die j � 2 '/ L2 i '/ / le /i %m / N 52°261OI" 0.94' �� TEMPORARY CONSTRUCTION .49 EASEMENT /4)‹. ti;;,tA W ER (5,146 SQ. FT.) :>,sf',w o 0.567 ACRES 24,708 SQ. FT. ED R. WALLACE AND WIFE, CATHIE WALLACE (6.06/ AC.) VOL. 795 PG. 384 D.R.W.C.T. MILTON D. j CARLSON (24.230 AC.) VOL. 725 PG. 655 D.R.W.C.T. ED R. WALLACE AND WIFE. CATHI£ WALLACE (6.06/ AC.) VOL. 795 PG. 384 D.R.W.C.T. DETAIL "A" N.T S. CURVE TABLE NO. RADIUS ARC CHORD BEARING DELTA CI 5634.03' 520.83' 520.65' N 51°53'44" E 05°17148" C2 01°38144" 5614.03' 161.23' 161.22' S 53°41'16" W C3 03°26133" 5599.03' 336.41' 336.36' S 51°08138" W c 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 ;.\ LINE TABLE NO. BEARING DISTANCE LI S 26°IO'55" E 20.27' L2 S 37°08106" E 15.00' L3 S 07°48'22" E 12.26' L4 5 28°17125" E 435.30' L5 S 61°42'35" W 20.00' L6 N 28°17'25" W 477.29' M. STEPHEN TRLEESDALE 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 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 L5 PARCEL 1340 0.567 ACRES 24,708 SQUARE FEET MARK SHEPHERD & JANE SHEPHERD (15.057 AC.) DOC. NO. 2007043619 O.P.R.W.C.T. PAGE 3 OF 3