HomeMy WebLinkAboutRES 102610-D - PCN Herzog 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 on, over, under and across that certain tract of real property in
Williamson County totaling 0.078 acres (3,411 square feet), more or less, being described by
metes and bounds and sketch 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 also requires
acquisition of a temporary construction easement on, over, under and across that certain tract of
real property in Williamson County totaling 0.093 acres (4,056 square feet), more or less, and
described graphically on the sketch on page 3 of the aforementioned exhibit attached hereto as
` PROPOSED 25' WIDI- TEMPORARY CONSTRUCTION FASFMENT", which 0.093-acre
temporary construction easement tract abuts 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
property rights 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 — Herzog 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 performing feasibility inspections and/or studies,
including, but not limited to, surveying, appraisal, environmental, geotechnical work, to conduct
tests, and establish said land titles to determine adequate compensation for said property rights,
and to negotiate with the owners thereof for the purchase of said property rights; 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. a permanent utility easement on, over, under and across the real property
described by metes and bounds and sketch in the attached Exhibit "A" for
construction, reconstruction, improvement, operation, use, maintenance and
extension of public utility infrastructure improvements and appurtenances
thereto; and
b. a temporary construction easement on, over, under and across that certain tract
of real property in Williamson County totaling 0.093 acres (4,056 square feet),
more or less, and being described graphically on page 3 of the aforementioned
exhibit attached hereto as `PROPOSED 25' WIDE, TEMPORARY
CONSTRUCTION EASEMENT', which temporary construction easement
tract abuts 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 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 for the Property, Temporary
Construction E asement, or other properties;
b. hire such persons or companies, including, but not limited to, engineers,
surveyors, appraisers, title companies, architects, and other persons or
companies needed to design, lay out and establish the limits of the Project, to
acquire the necessary property rights and to construct the Project;
c. enter upon any property necessary for the purpose of surveying and
establishing the title, to detennine adequate compensation for the property
rights and to conduct feasibility inspections, studies and tests;
d. negotiate with the owners of any such property rights for the purchase thereof;
Resolution No
Declaring Public Convenience & Necessity — Herzog property (2006 Annexation Utility
Improvements Project)
Page 2 of 3
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 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.
h. hat 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.
3. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown.
4. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this
THE CITY OF GEORGETOWN:
By/
George G. Garver, Mayor
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
Resolution No 1
Declaring Public Convenience & Necessity — Herzog property (2006 Annexation Utility
Improvements Project)
Page 3 of 3
ATTEST:
day of October, 2010.
sica I-,. Brett e, City Secretary
PARCEL A39 Page 1 of 3
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.078 ACRE (3,411 SQUARE FOOT), TRACT OF
LAND SITUATED IN THE JOHN BERRY SURVEY, ABSTRACT NO. 51,
IN WILLIAMSON COUNTY TEXAS, BEING IN PART A PORTION OF
THAT 0 8 ACRE TRACT OF LAND CONVEYED TO FRANKLIN D
HERZOG ET UX BY INSTRUMENT RECORDED IN VOLUME 467, PAGE
448, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND IN PART A PORTION OF THAT 0.054 ACRE TRACT OF LAND
CONVEYED TO FRANKLIN D. HERZOG AND WIFE BEVERLY HERZOG
BY INSTRUMENT RECORDED IN VOLUME 611 PAGE 70, OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.078 ACRE
(3,411 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 (I.H.) 35
(right-of-way width varies), being the southeast corner of that 4.095 acre tract of land conveyed to
Howard Neal Landry recorded in Volume 1732, Page 249, of the Official Records of Williamson County,
Texas, same being the northeast corner of said 0.8 acre tract for the northeast corner of the herein
described tract, and from which a 3/8" iron rod found, being the most northerly northeast corner of said
4.095 acre tract, same being the southeast corner of that 111.36 acre tract of land conveyed to Jasper N.
Sudduth & Ida P. Sudduth by instrument recorded in Vol. 512, Pg. 71 of the Deed Records of Williamson
County Texas, bears N 13°56'19" E for a distance of 18.59 feet;
1) THENCE, with the existing westerly right-of-way line of said I.H. 35, same being the easterly
boundary line of said 0.8 acre tract, S 13°56'19" W a distance of 69.21 feet to a calculated point;
THENCE, departing the existing westerly right-of-way line of said E.H. 35, through the interior of said 0.8
acre tract, and said 0 054 acre tract the following three (3) courses;
2) S 36°26'19" W a distance of 18.29 feet to a calculated point;
3) S 13°56'19" W a distance of 54.06 feet to a calculated point;
4) S 31°03'41" E a distance of 9.90 feet to a calculated point, being in the existing westerly right-of-
way line of said I.H. 35, same being the easterly boundary line of said 0.054 acre tract, and from
which a 1/2" iron rod found being the northeast corner of said 0.054 acre tract, same being the
southeast corner of said 0.8 acre tact bears, N 13°56'19" E a distance of 9.59 feet;
5) THENCE, with the existing westerly right-of-way line of said E.H. 35, same being the easterly
boundary line of said 0.054 acre tract S 13°56'19" W a distance of 21.80 feet to a calculated
point, being the northeast corner of that 1.64 acre remainder tract of land conveyed to Larry
Wayne Domel and Linda Faye Peterson recorded in Document No. 9700401, of the Official
Records of Williamson County, Texas, same being the southeast corner of said 0.054 acre tract
for the southeast corner of the herein described tract and from which a 1/2' iron rod found bears
N 84°20'26' E a distance of 0.19 feet;
6) THENCE, departing the existing westerly right-of-way of said I.H. 35, with the common boundary
line of said 0.054 acre tract and said 1.64 acre remainder tract, S 79°05'17' W a distance of
22.04 feet to a calculated point, for the southwest corner of the herein described tract;
PARCEL A39 Page 2 of 3
THENCE, departing said common boundary line, through the interior of said 0.054 acre tract and said 0.8
acre tract, the following five (5) courses;
7) N 13°56'19" E for a distance of 22.78 feet to a calculated point;
8) N 31°03'41" W for a distance of 9.90 feet to a calculated point;
9) N 13°56'19" E for a distance of 66.32 feet to a calculated point;
10) N 36°26'19" E for a distance of 18.29 feet to a calculated point;
11) N 13°56'19" E for a distance of 50.58 feet to a calculated point, being in the southerly boundary
of said 4.095 acre tract, same being in the northerly boundary line of said 0.8 acre tract, for the
northwest corner of the herein described tract;
12) THENCE, with the common boundary line of said 4 095 acre tract and said 0.8 acre tract,
N 67°42'51' E a distance of 24.79 feet to the POINT OF BEGINNING, containing 0.078
acres (3,411 square feet) of land, more or less.
NOTE There is also a 25.00 foot wide Temporary Construction Easement west of, adjacent to and
parallel with Courses seven (7) through eleven (11) of the above description and as shown on the
accompanying Parcel Plat, excluding the occupied edifice.
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 iruesdale
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
EXHIBIT A
PLAT TO ACCOMPANY DESCRIPTION
25 0 25 50
SCALE In = 50'
HOWARD NEAL LANDRY
(4.095 AC.)
VOL. 1732, PG. 249
O.R.W.C.T.
PROPOSED 25' WIDE
TEMPORARY 7
CONSTRUCTION /
EASEMENT
(4,056 SO. FT.)
FRANKLIN D. HERZOG ET UX
(0.8 AC.)
�- - VOL. 467, PC. 448
D. R. W C. T.
FRANKLIN D. HERZOG
AND WIFE BEVERL Y HERZOG
(0.054 AC.)
VOL. 6/I, PG. 70
D.R.W.CT.
LARRY WAYNE DOMEL &
LINDA FAYE PETERSON
(1.64 AC. REMAINDER)
(17.23 ACRE)
DOC. NO. 9700401
NOTES: O.R.W.C.T.
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
(
JASPER N. SUDDUTH
8 IDA P. SUDDUTH
(IIL36 AC.)
VOL. 512, PG. 71
(TRACT I)
D.R.W.C.T.
Lit
t9
P
LIO
4;\:t
hi— if
0) to
` L4
L8 �-
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
20.00'
SEE
DETAIL "A"
THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
HERZOG
(0.054 AC.)
8 VOL. 611 PG. 70
N 84°20'26" E
0.19'
o
woo
DOMEL 6 PETERSON
(1.64 AC. REMAINDER)
(17.23 ACRE)
DOC. NO. 9700401
O.R.W.C.T.
ITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS.
1
M`. STEPHEN TRIAESDALE 1/ 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
P.O.B.
•
•
O
%1
DE-
\X`
0.078 ACRES
3,411 SO. FT.
D.R.W.C.T.
LEGEND
TXDOT CONC MON
1/211 IRON ROD FND
CALCULATED POINT
IRON ROD FND W/ TXDOT
ALUMINUM CAP
PROPERTY LINE
EDGE OF PAVEMENT
O VERHEAD ELECTRIC LINE
WIRE FENCE
L AND HOOK
GUY ANCHOR
POWER POLE
SIGN
O FFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
DEED RECORDS
W ILLIAMSON COUNTY, TEXAS
DETAIL "A"
N.T.S.
0.C78 ACRES
3,411 SQJARE FEET
LINE TABLE
NO.
BEARING
DISTANCE
LI
S 13°56'19" W
69 21'
L2
S 36°26'19" W
18.29'
L3
S 13°56'19" W
54.06'
L4
S 31°03'41H E
9.90'
L5
S 13°56'198 W
21.80'
L6
S 79°05'17" W
22.04'
L7
N 13°56'19" E
22.78'
L8
N 31°03'41" W
9.90'
L9
N !3°56119" E
66.32'
LIO
N 36°26'19° E
18.29'
LIT
N 13°56'I9" E
50.58'
LI2
N 67°42'51" E
24.79'
L13
N 13°56'19" E
18.59'
L14
N 13°56119" E
9.59'
PAGE 3 OF 3