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Home My WebLink AboutRES 102610-E - PCN Cockrum PropertyRESOLUTION NO.I j. 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 0.776 acres (33,789 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 0.776 acres (33,837 square feet), more or less, and described graphically on the sketch on page 3 of the aforementioned exhibit attached hereto as `PROPOSED 20' WIDI- TEMPORARY CONSTRUCTION EASEMI-{NT", which 0.776-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 i-asement, and the Project; and Resolution No 1 Declaring Public Convenience & Improvements Project) Page 1 of 3 ecessity — Cockrum property (2006 Annexation Utility 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 perfoiniing 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 0.776 acres (33,837 square feet), more or less, and being described graphically on page 3 of the aforementioned exhibit attached hereto as PROPOSED 20' WIDE TEMPORARY CONSTRUCTION FASI-MENT", 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 Easement, 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 determine adequate compensation for the property rights and to conduct feasibility inspections, studies and tests; Resolution No. • �.ro l Declaring Public Convenience & Necessity — Cockrum property (2006 Annexation Utility Improvements Project) Page 2 of 3 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 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 F asement 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 day of October, 2010. THE CITY OF GEORGETOWN: By George G. Garver, Mayor APPROV Fi D AS TO FORM: Mark Sokolow, City Attorney Resolution No Declaring Public Convenience & Necessity — Cockrum property (2006 Annexation Utility Improvements Project) Page 3 of 3 ATTF'ST: sica E Brettle, City Secretary PARCEL C24 Page 1 of 3 EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.776 ACRE (33,789 SQUARE FOOT), TRACT OF LAND SITUATED IN THE JOSEPH ROBERTSON SURVEY ABSTRACT NO. 545, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 89.64 ACRE TRACT OF LAND CONVEYED TO MILTON COCKRUM, BY INSTRUMENT RECORDED IN VOLUME 376, PAGE 334, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.776 ACRE (33,789 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2' iron rod found in the existing northerly right-of-way line of County Road 111 (right-of-way width varies) being the southwest corner of that 13.00 acre tract of land conveyed to Damon P. Holt & Nannette R. Holt, by instrument recorded in Document No 2005064041, of the Official Public Records of Williamson County, Texas, same being the southeast corner of said 89.64 acre tract, for the southeast corner of the herein described tract; 1) THENCE, with said existing northerly right-of-way line, same being the southerly boundary line of said 89.64 acre tract S 67°38'18" W for a distance of 1188.34 feet to a calculated point. THENCE, departing said existing northerly right-of-way line, and through the interior of said 89.64 acre tract, the following three (3) courses: 2) N 67°21'42" W for a distance of 7.07 feet to a calculated point; 3) S 67°38'18" W for a distance of 259.31 feet to a calculated point; 4) S 22°38'18" W for a distance of 7.07 feet to a calculated point, being in said existing northerly right-of-way line; 5) THENCE, with said existing northerly right-of-way line, same being the southerly boundary line of said 89.64 acre tract S 67°38'18" W for a distance of 226.61 feet to a calculated point being the southeast corner of that 38.069 acre tract of land conveyed to City of Georgetown, by instrument recorded in Volume 1970, Page 497, of the Official Records of Williamson County, Texas, same being the southwest corner of said 89.64 acre tract, for the southwest corner of the herein described tract; 6) THENCE, departing said existing northerly right-of-way line, with the common boundary line of said 38.069 acre tract and of said 89.64 acre tract N 28°06'12" W for a distance of 20.10 feet to a calculated point, for the northwest corner of the herein described tract; THENCE, departing said common boundary line, and through the interior of said 89.64 acre tract the following five (5) courses: PARCEL C24 Page 2 of 3 7) N 67°38'18" E for a distance of 220.34 feet to a calculated point; 8) N 22°38'18" E for a distance of 7.07 feet to a calculated point; 9) N 67°38'18" E for a distance of 275.88 feet to a calculated point; 10) S 67°21'42" E for a distance of 7.07 feet to a calculated point; 11) N 67°38'18" E for a distance of 1180.33 feet to a calculated point, being in the common boundary line of said 13.00 acre tract and of said 89.64 acre tract of land, for the northeast corner of the herein described tract; 12) THENCE, with the common boundary line of said 13.00 acre tract and of said 89.64 acre tract S 21°34 08" E for a distance of 20.00 feet to the POINT OF BEGINNING, containing 0.776 acres (33,789 square feet) of land, more or less. NOTE: There is also a 20.00 foot wide Temporary Construction Easement, being northerly of, adjacent to and parallel with Courses seven (7) through eleven (11) 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 EXHIBIT 4 PLAT TO ACCOMPANY DESCRIPTION o c L cam,% m ib co \ 0 9 mac\ • o NIA 0� — 0 L6 G OG\(CtvM lA M��'Qg6A PG1-5 51 L8 L4 _4 LINE TABLE NO. BEARING DISTANCE LI S 67°38'18" W 1188.34' L2 N 67°21'42" W 7.07' L3 S 67°38'18" W 259.31' L4 S 22°38'18" W 7.07' L5 S 67°38'I8" W 226.61' L6 N 28°06'12" W 20.10' L7 N 67°38'18" E 220.34' L8 N 22°38'IB" E 7.07' L9 N 67°381IB" E 275.88' LIO S 67°21142n E 7.07' Lil N 67°38'18" E 1180.33' LI2 S 21°34'08" E 20.00' LIO L2 4400 000 lck: o Za o v y a2m i O 01$ -4-0 -. N O ,. 0.., .. .._._\ �07A ._ n SCALE In = 200' PROPOSED 20' WIDE TEMPORARY CONSTRUCTION EASEMENT (33,837 SQ. FT.) 0.776 ACRES 33,789 SQ. FT. 0 i sose moo®® \O 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 1.00012 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, M. STEPHEN TRUESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 1504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 111 GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 1 IT f TEXAS. L12 0 00P P.O.B. LEGEND • 0 DE— XNtSk — 1/2" IRON ROD FND CALCULATED POINT IRON ROD FOUND CAPPED IRON ROD FOUND W/ TXDOT ALUMINUM CAP PROPERTY LINE EDGE OF PAVEMENT O VERHEAD ELECTRIC LINE W IRE FENCE GUY ANCHOR POWER POLE SIGN LIGHT POLE O .P.R.W.C.T. OFFICIAL PUBLIC RECORDS W ILLIAMSON COUNTY, TEXAS O .R.W.C.T. OFFICIAL RECORDS W ILLIAMSON COUNTY, TEXAS D.R.W.C.T. DEED RECORDS W ILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS PARCEL C24 0.776 ACRES 33,789 SQUARE FEET PAGE 3 OF 3