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HomeMy WebLinkAboutRES 110811-K - Gtown Railroad PCNRESOLUTION NO. j (O$ 1- A RESOLUTION AMENDING RESOLUTION 072611-H 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 ROAD AND 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 require acquisition in fee simple of that certain tract of land totaling 0.776 acres ("the Property"), more or less, and described with particularity by metes and bounds as well as an accompanying sketch in the attached Exhibit "A," which exhibit is incorporated herein by reference as if fully set out, for the public use of construction, reconstruction, improvement, operation, maintenance and extension of public road infrastructure improvements and appurtenances thereto (the "Project"), and further for the use of any and all excavated materials from the Property for the City's use during the Project; 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 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 for the purpose of surveying and establishing said land titles and to detezinine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; 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; Resolution No. 1 t O E I( Georgetown Railroad Co. PCN-ED Resolution (Southeast Arterial One Road Project) Page 1 of 3 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown• 1. That in order to promote the public health, safety, and welfare, public convenience and necessity require the construction, reconstruction, improvement, operation, maintenance and extension of permanent road improvements on, over, under and across the real property described in the attached Exhibit "A." 2. That in order to promote the public health, safety, and welfare, public convenience and necessity further require the City' s acquisitionand use of any and all earthen materials excavated from the Property for purposes related to the Project including but not limited to roadway base, fill, retention wall construction, and all other purposes related to construction of 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 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 easements, and the construction of the public road infrastructure improvements, and appurtenances thereto; c. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the easements, and to conduct tests; Negotiate with the owners of any such properties for the purchase thereof; To purchase any necessary right of way on, over, under and across the Property, and execute all documents necessary to acquire such right of way, all subject to express approval of the specific, negotiated teilns by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for the necessary land title(s) for the Property in the event the owner(s) fail to accept a bona fide offer to purchase the Property; and g. Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 3. 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 are Resolution No. f l o g 1 1- K Georgetown Railroad Co. PCN-FD Resolution (Southeast Arterial One Road Project) Page 2of3 hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. 4. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 5. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of Georgetown this 2. day of 2011. ATTEST: ess ca E~; Brettle, City Secretary APPROVED AS TO FORM: Bridget Chap an, ing C Resolution No. I l O$ I I Georgetown Railroad Co. PCN-IiD Resolution (Southeast Arterial One Road Project) Page 3 of 3 y AttoiHey THE CITY OF GhORGhTOWN. B Ge "ge G. Garver, Mayor PARCEL 1 PART 1 GF NO. 100065388 Page 1 of 3 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.776 ACRE (33,786 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM ADDISON SURVEY ABSTRACT NO. 21, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE SOUTHERLY REMNANT OF THAT 236.41 ACRE TRACT OF LAND CONVEYED TO GEORGETOWN RAILROAD COMPANY, INC BY INSTRUMENT RECORDED IN VOLUME 1638, PAGE 369, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.776 ACRE (33,786 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod set with aluminum cap stamped "COG -ROW" in the proposed southerly right-of-way line of Southeast Arterial (S.E. Arterial), being the southerly boundary line of said southerly remnant of that 236.41 acre tract, same being in the northerly boundary line of that 168.15 acre tract of land conveyed to John S. Avery, Trustee, by instrument recorded in Document No. 2005031263, of the Official Public Records of Williamson County, Texas, and from which a 1/2' iron rod found along said common boundary line bears S 33°16'42" W at a distance of 1670.41 feet; THENCE, departing the northerly boundary line of said 168.15 acre tract, with the proposed southerly right-of-way line of S E Arterial and through the interior of said southerly remnant of that 236.41 acre tract, the following two (2) courses: 1) S 72°23'41" W for a distance of 233.94 feet to a 1/2" iron rod set with aluminum cap stamped "COG -ROW"; 2) N 16°39'44" W for a distance of 65.38 feet to a 1/2" iron rod set with aluminum cap stamped "COG -ROW", being in the existing southerly right-of-way line of Inner Loop (right-of-way width vanes), same being the northerly boundary line of said southerly remnant of that 236.41 acre tract; 3) THENCE, with the existing southerly right-of-way line of Inner Loop, same being the northerly boundary line of said southerly remnant of that 236.41 acre tract, along a curve to the left, having a delta angle of 14°54'45", a radius of 1910.60 feet, an arc length of 497.28 feet, and a chord which bears N 56°37'01" E for a distance of 495.87 feet to a calculated point, being in the existing westerly right-of-way line of Maple Street (right-of-way width varies) same being a 38.069 acre tract (Parcel 6) of land (formerly known as M K.T. Railroad Company) conveyed to the City of Georgetown recorded in Volume 1970, Page 497, of the Official Records of Williamson, County, Texas, same being the most northerly northeast corner of the herein described tract; PARCEL 1 PART 1 GF NO. 100065388 Page 2 of 3 4) THENCE, departing the existing southerly right-of-way line of said Inner Loop, with the easterly boundary line of said southerly remnant of that 236.41 acre tract, same being the existing westerly right-of-way line of said Maple Street, S 28°08'57" E for a distance of 1.36 feet to a calculated point, being in the northerly boundary line of said 168.15 acre tract, same being in the westerly right-of-way line of Maple Street, being the southeasterly corner of said southerly remnant of that 236.41 acre tract, for the most easterly corner of the herein described tract, and from which a found 1/2" iron rod with aluminum cap inscribed "SDHTP Pt. No. 8233" and being in the westerly nght-of-way line of said `Maple Street, same being the most northerly corner of said 168.15 acre tract bears N 32°25'05" E at a distance of 57.41 feet; 5) THENCE, departing the existing westerly right-of-way line of said Maple Street, with the northerly boundary line of said 168 15 acre tract, same being the southerly boundary line of said southerly remnant of that 236.41 acre tract, S 33°16'42" W for a distance of 315.22 feet to the POINT OF BEGINNING, containing 0.776 acres (33,786 square feet) of land,. more or less. 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 Truesdate, 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 Tresdale V 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 PLAT TQ ACCQMPANY.DESCRIPTIQN NUMBER DELTA ANGLE RADIUS ARC CHORD, DIRECTION LENGTH CHORD LENGTH CI 14054145" 1910.60' 497.28' 495.87' N 56°3710I° E (C2) (23°22`38") IS 60°49'I3" W) (1910.6Q') (774.15') (779.54') SCALE I 50 100' LINE TABLE NO. BEARING` DISTANCE LI N 16°3'44" W 65.38' L2 N 32°25'05° E 57.41' (L2) (N 32°24'54" E) (57.41') 100 PR�p%fV 5. —TtAILROAO EASEMENT SAVE.a :EXCEPT EXHIBIT 'A' (3.38 AC) DOC, NO. 9831232 O.R.W.C.T. RCETOIYNRA/L ROA COMPANY INC. (SOUTHERLY REMNANT OF) (23641 AC.) VOL.. /638, 'PG. 369 NOTES: O.R.N: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 1.00012 2) THE EASEMENTS` SHOWN OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE LISTED IN SCHEDULE B OF THE TITLE COMMITMENT ISSUED BY STEWART TITLE GUARANTY COMPANY. GF NO. 100065388, EFFECTIVE DATE: AUGUST 24, 2010. 3) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN VOL 239, PG. 61, MAY AFFECT THIS PROPERTY. (ITEM 12) 4) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN 'VOL 239, PG. 114, MAY AFFECT THIS PROPERTY. (ITEM 13) 5) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN VOL 239, PG. 52,'MAY AFFECT THIS PROPERTY. (ITEM 14) 6) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN VOL 343, PG, 328, MAY AFFECT THIS PROPERTY. (ITEM 15) 7) EASEMENT AS DESCRIBED IN VOL. 796, PG. 211 DOES NOT AFFECT THIS PROPERTY. (ITEM 16) 8) EASEMENT AS DESCRIBED IN DOC. N0. 9831232 IS. AS SHOWN HEREON. (ITEM 17) 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. EµtP1. 8p5661NEi q6.0° CITY OF GEORGETOWN (I1,072 AC.) DOC. NO. 2006081859 O.P.R.W.C.T. SIEPHE%fi'T"UESDALE V DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 1NLAN0 GEODETICS PROFESSIONAL LAND SURVEYORS 504 CHISHOLM TRAIL RD. STE. I03 ROUND ROCK, TX. 78681 PH.1512)238-120©,FAX (512) 238-1251 CITY OF GEORGETOWN'"-4 (FORMERLY M,K.T R.R.) PARCEL 6 138.069 AC.) VOL. 1970, PG. 497 • O.R.W.C.T. ` • ALUMINUM SEE ET AIL "A" 8°O8'57° E ,36' DETAIL "A" NOT TO SCALE JOHN S. AVERY. TRUSTEE (168,15 AC) DOC, NO. 2005031263 O,P.R.W:C.T. LEGEND I/2" IRON ROD FND CALCULATED POINT IRON ROD FOUND CAPPED 0 IRON ROD' SET W/ COG -ROW ALUMINUM CAP UNLESS NOTED OTHERWISE TYPE I CONC MARKER FND PROPERTY LINE O.P.R.W,C.T, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS ( ) RECORD INFORMATION PARCEL 1 PART 1 0.776 ACRES 33,786 SQUARE FEET PAGE 3 OF 3