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Home My WebLink AboutRES 102610-F - PCN Wood PropertyRESOLUTION NO. I "s t 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 0.062 acres (2,721 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 0.083 acres (3,631 square feet), more or less, and described graphically on the sketch on page 3 of the aforementioned exhibit attached hereto as ` PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMhNT", which 0.776-acre temporary construction easement tract abuts the Property and is subsequently referred to as the "Temporary Construction H asement," 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 ki-asement, and the Project; and Resolution No. Declaring Public Convenience & Necessity — Wood 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 peunanent 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 0.083 acres (3,631 square feet), more or less, and being described graphically on page 3 of the aforementioned exhibit attached hereto as "PROPOSED 25' WIDI- TEMPORARY CONSTRUCTION hAS E'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; d. negotiate with the owners of any such property rights for the purchase thereof; Resolution No. Declaring Public Convenience & Necessity — Wood property (2006 Annexation Utility Improvements Project) Page 2of3 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 02(0 day of October, 2010. THE CITY OF GEORGETOWN: By Geor_- G. Garver, Mayor APPROVED AS TO FORM: Mark Sokolow, City Attorney Resolution No I t j Declaring Public Convenience & Necessity — Wood property (2006 Annexation Utility Improvements Project) Page 3 of 3 ATTEST: ettle, City Secretary PARCEL A23 Page 1 of 3 ROW PARCEL 129 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.062 ACRE (2,721 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 54.3 ACRE TRACT OF LAND CONVEYED TO SCOTT R. WOOD & SPOUSE SHANNON L. WOOD BY INSTRUMENT RECORDED IN DOCUMENT NO. 2005076662 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.062 ACRE (2,721 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the northerly boundary line of said 54.3 acre tract, same being the southerly boundary line of that 49.45 acre tract of land conveyed to APW Corporation, by instrument recorded in Document No. 2002066778 of the Official Public Records of Williamson County, Texas, for the northwest corner of the herein described tract, and from which an iron rod found with TXDOT aluminum cap, being the proposed easterly right-of-way of State Highway 195 (right-of-way width varies), bears S 47°10'41" W for a distance of 96.27 feet 1) THENCE, with the northerly boundary line of said 54.3 acre tract, same being the southerly boundary line of said 49.45 acre tract, N 47°10'41" E for a distance of 20 27 feet to a calculated point for the northeast corner of the herein described tract, and from which a 1/2' iron rod found, being an angle point in the southerly boundary line of said 49.45 acre tract, same being the northerly boundary line of said 54.3 acre tract, bears N 47°10'41" E for a distance of 215.78 feet; 2) THENCE, departing the southerly boundary line of said 49.45 acre tract, through the interior of said 54.3 acre tract, S 33°30'35" E for a distance of 140.12 feet to a calculated point, being the southerly boundary line of said 54.3 acre tract, same being the northerly boundary line of that 25 16 acre tract of land conveyed to Fouchek Development, Ltd , by instrument recorded in Document No 2006038708 of the Official Public Records of Williamson County, Texas, for the southeast corner of the herein described tract; 3) THENCE, with the southerly boundary Tine of said 54.3 acre tract, same being the northerly boundary line of said 25.16 acre tract, S 70°14'34" W for a distance of 20 59 feet to a calculated point for the southwest corner of the herein described tract and from which an iron rod found with TXDOT aluminum cap, being the proposed easterly right-of- way of said State Highway 195, bears S 70°14'34' W for a distance of 97.80 feet, 4) THENCE departing the northerly boundary line of said 25.16 acre tract, through the interior of said 54.3 acre tract, N 33°30'35' W for a distance of 131.94 feet to the POINT OF BEGINNING, containing 0.062 acres (2,721 square feet) of land, more or less PARCEL A23 Page 2 of 3 ROW PARCEL 129 NOTE• There is also a 25.00 foot wide Temporary Construction Easement east of, adjacent to and parallel with Course two (2) 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 Trtfesdale 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 30 0 30 SCALE I" = 60' 60 PLAT TO ACCOMPANY DESCRIPTION APW CORP. (49.45 AC.) DOC. NO. 2002066778 O.P.R.W.C.T. r�'r F.O.B./ LEGEND 0 0 1/2" 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 OVERHEAD ELECTRIC LINE WIRE FENCE GUY ANCHOR POWER POLE S IGN L IGHT POLE PULL BOX 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 W ILLIAMSON COUNTY, TEXAS 2 NOTES: I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS S TATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY PLAT WAS PREPARED FROM THE PLANS FOR RIGHT OF WAY P ROJECT FOR STATE HIGHWAY 195 IN WILLIAMSON COUNTY PHASE 11, ROW CSJ NO. 0440-02-012, PREPARED BY ARCADIS, INC. 3) 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. STEPHHEN 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 t IN LAN ED GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD STE. 103 ROUND ROCK, TX. 78681 PH. (512)238-1200, FAX (512) 238-1251 It T TEXAS. ®f PROPOSED 25' WIDE TEMPORARY CONSTRUCTION EASEMENT (3,631 SQ. FT.) SCOTT R. WOOD a SPOUSE SHANNON L. WOOD (54.3 AC.) -DOC. NO. 2005076662 O.P.R.WC.T. 0.062 ACRES \ 2,721 SQ. FT. FOUCHEK DEVELOPMENT, LTD. (25.16 AC.) DOC. NO. 2006038708 O.P.R.W.C.T. LINE TABLE NO. BEARING DISTANCE LI N 47°10'41" E 20.27' L2 S 33°30'35" E 140.12' L3 S 70°14'34" W 20.59' L4 N 33°30'35" W 131.94' L5 N 47°10'41" E 215.78' L6 S 47°10'41" W 96.27' L7 S 70°14'34" W 97.80' PARCEL A23 0.062 ACRES 2,721 SQUARE FEET PAGE 3 OF 3