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HomeMy WebLinkAboutRES 091404-Q - Improvements SH29 WestRESOLUTION NO. 0 `l v'©q" Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS IF NECESSARY, FOR CERTAIN IMPROVEMENTS TO SH 29 WEST; 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 convemence and necessity requires acquisition in fee simple of the site described in the attached Exhibit A, incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Property," for construction, reconstruction, improvement, operation and maintenance of a public roadway and for extension of water, wastewater, electric, or other public utility lines (the "Project"); and, WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown hereby further finds that public convenience and necessity requires acquisition of a utility easement from the site described in the attached Exhibit B, which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the `Utility Easement," for purposes of the construction, extension, improvement, operation and maintenance of water, wastewater, electric, or other public utility lines; 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 roadway and utility lines and acquire fee titles to certain properties for the purpose of construction, reconstruction, operation, and maintenance of the roadway, utility lines, 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 fee title, and the construction of said roadway, utility lines, and appurtenances; WHEREAS, in order to acquire the Property and the Utility Easement, 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 determine 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 roadway; 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 and Resolution No. 0 q,'Vo <- Q Page 1 of 3 maintenance of a public roadway and extension of water, wastewater, electric, or other public utility lines on the real property described in the attached Exhibits A and B. 2. That public convenience and necessity require the acquisition of fee title to the Property described in Exhibit A and other properties for the purposes of construction, reconstruction, improvement, operation, and maintenance of a public roadway facility, and extension of water, wastewater, electric, or other public utility lines, and appurtenances thereto. 3. That public convenience and necessity require the acquisition of a utility easement in the real property described in the attached Exhibit B for purposes of the construction, extension, improvement, operation and maintenance of water, wastewater, electric, or other public utility lines. That the City's agents, representatives, or employees are hereby authorized to: a. Lay out the exact location of the land needed from. the Property or other properties; Hire suchengineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to effect the laying out of the facilities, the establishment and acquisition of fee title to the required properties, and the construction of the roadway facility, utility lines, and appurtenances thereto; c. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for fee titles, and to conduct tests; d. Negotiate with the owners of any such properties for the purchase thereof; e. To purchase fee title to the Property for the purposes stated herein, and to purchase easement title to the Utility Easement, and execute all documents necessary to acquire such properties and easements, 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 for fee simple title to the Property and for easement title for the Utility Easement in the event the owner(s) fail to accept a bona fide offer to purchase the Property and Utility Easement; and g. Take whatever further actions deemed appropriate to economically effect the establishment of the roadway facility, utility lines, and appurtenances thereto. Resolution No. 0 9 /449 Page 2of3 5. That all previous acts and proceedings done or initiated by the City's agents, representatives, or employees for the establishment of the roadway, including the negotiation for and/or acquisition of any necessary property rights in the Property and Utility Easement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. The Mayor is hereby authorized to signthis resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 7. This resolution shall be effective immediately upon adoption. ATTEST: Sandra D Lee, City Secretary APPROVED AS TO FORM: a rk Patricia E Carls, Brown & Carls, LLP City Attorney Resolution No. 0 9 /101� Page 3 of 3 THE CITY OF GEORGETOWN: By: Gar /' elon, ayor County: Parcel No.: Highway: Limits: CSJ: EXHIBIT Williamson 13 State Highway No. 29 From. Interstate Highway No. 35 To: River Chase Blvd. 0337-01-029 FIELD NOTE DESCRIPTION FOR PARCEL 13 Page 1 of 3 DESCRIPTION OF A 0.044-ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO 558, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 9, BLOCK A, WOLF RANCH SUBDIVISION, RECORDED CABINET Y, SLIDES 112-115 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0,044- ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/" iron rod set with a Texas Department of Transportation (TxDOT) aluminum cap in the proposed southerly right-of-way line of State Highway No. 29 (SH29), 79.00 feet right of Survey Baseline "G" station 181+33.62 same being in the easterly boundary line of Lot 5, Block A, of said Wolf Ranch Subdivision, same being in the westerly boundary line of said Lot 9 for the southwesterly corner and POINT OF BEGINNING hereof and from which a capped iron rod found being in the westerly line of said Lot 9 and being the southeasterly corner of said Lot 5 bears S 02°21'08' E a distance of 237.33 feet; 1) THENCE with the common boundary line of said Lot 5 and Lot 9 N 02°21 08" W for a distance of 10.00 feet to a calculated point in the existing southerly right-of-way line of SH29, being the northeasterly corner of said Lot 5 and the northwesterly corner of said Lot 9 for the northwesterly corner hereof and from which a capped "A' iron rod found bears N 02°21'08' W a distance of 0 67 feet; 2) THENCE with said existing right-of-way line N 87°39'01" E for distance of 185.45 feet to a calculated point being in the westerly nght-of-way line of Interstate Highway No. 35 (IH35), same being the northerly corner of Lot 9 for the northeasterly corner hereof; 3) THENCE with said westerly right-of-way line S 45°12'24" E for a distance of 13.64 feet to a Type 11 Texas Department of Transportation (TxDOT) monument set, 70 00 feet right of Survey Baseline "G" station 183+28.62, in the said proposed southerly right-of- way line for the southeasterly corner hereof and from which a Type 1 concrete monument found in an angle point of said westerly right-of-way line bears S 45°12'24" E a distance of 105.92 feet; Page 2of3 4) THENCE with said proposed southerly right-of-way line and through the interior of said Lot 9 S 87°39'01" W for a distance of 194.73 feet to the POINT OF BEGINNING containing 0.217 acre of land, more or less. This property description is accompanied by a separate parcel plat. • All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: 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. Stepen►'TruesdaIe Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, LLC 206 W. Main St. Suite 107 Round Rock, TX 78664 WO42-03-p13.doc 9/6/ 'of Date LEGEND ■ TYPE I CONCRETE MONUMENT FOUND • I/2 " IRON ROD FOUND UNLESS NOTED 1/2 " IRON ROD FOUND CAPPED PK NAIL FOUND FENCE POST O 1/2 " IRON ROD SET W/ TXDOT ALUMINUM CAP TYPE II MONUMENT SET A CALCULATED POINT c. CENTER LINE R. PROPERTY LINE ( ) RECORD INFORMATION P.O.B. POINT OF BEGINNING P U E PUBLIC UTILITY EASEMENT P.O.R. POINT OF REFERENCE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS — V— LINE BREAK 0 SURVEY BASELINE 'G" N 87° 39' 01' E N 02°21'08" W 0.671 �) EXIST. R.O.W. SEE DETAIL "A" EXISTING R.O.W. N 02°21'08" W 10.00' LOT 5 BLOCK A WOLF RANCH SUBDIVISION CAB. Y SLD. 112-115 P.R.W.C.T. 1050*00 DETAIL "A" NOT TO SCALE STATE HIGHWAY NO. 29 P.O.B. PARCEL 13 181+33.62 79.00' RT P .O.R. P ARCEL 13 0 S 25 SCALE 1" = 50' LINE TABLE 50 NUMBER DIRECTION DISTANCE LI S 45°I2'24" E 13.64' N 87°39'OI" E 185.45' S87°39'OI"W 194.73' 0.044 ACRES LOT 9 CLEMENT STUBBLEFIELD SURVEY ABST N0558 PROPOSED R.O.W. BLOCK A WOLF RANCH SUBDIVISION CAB. Y, SLD 112-115 P.R.W.C.T. LI 183+28.62 70.00' RT s /, 4010 4 '9 N OTES: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, N AD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013. INTERSTATE HIGHWAY NO. 35 THIS SURVEY WAS PERFORMED FOR RIGHT-OF-WAY ACQUISITION PURPOSES. THERE MAY BE EASEMENTS O R OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UN'..•r `=' ;ECTION AND S UPERVISION AND THAT THIS PLAT IS TRU , AND CORRECT TO TH T M� ^"u;�WLEDGE AND BELIEF. ?4'6 » M. ST PHEN RUESDALE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS 206 W. MAIN ST SUITE 107 ROUND ROCK, TX. 78664 PH. (512) 238-1200, FAX (512) 238-1251 RIGHT STATE HI0 29 WILLIAMSON COUNTY, TEXAS PARCEL 13 CSJ NO. 0337-01-029 PAGE 3 OF 3 Ploci at 4 0 Page 1 of 3 EXHIBIT Parcel No.: 13E County: Williamson Owner: Lot 9, Wolf Ranch Subdivision FIELD NOTE DESCRIPTION FOR 0.040 ACRE DESCRIPTION OF A 0.040-ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558, IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF LOT 9, BLOCK A WOLF RANCH SUBDIVISION, RECORDED IN CABINET Y, SLIDES 112-115 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS SAID 0.040- ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the easterly boundary line of Lot 5, Block A, of said Wolf Ranch Subdivision and the westerly boundary line of said Lot 9 for the southwesterly corner and POINT OF BEGINNING hereof and from which a capped '/2" iron rod found in the westerly boundary line of said Lot 9, being the southeasterly corner of said Lot 5 bears S 02°21'08" E a distance of 227.33 feet; 1) THENCE with the common boundary line of said Lot 5 and Lot 9 N 02°21'08" W for a distance of 10.00 feet to the calculated northwesterly corner hereof and from which the calculated northwesterly corner of said Lot 9 bears N 02°21'08" W a distance of 20 00 feet; 2) THENCE through the interior of said Lot 9 and with the southerly boundary line of a 20' wide public utility easement dedicated per said Wolf Ranch Subdivision plat N 87°39'01" E for a distance of 169.90 feet to the calculated northeasterly corner hereof 3) THENCE continuing through the interior of said Lot 9 and with the westerly boundary line of a 25' wide public utility easement dedicated per said Wolf Ranch Subdivision plat S 45°12'24" E for distance of 13.64 feet to the calculated southeasterly corner hereof; Page 2 of 3 4) THENCE continuing through the interior of said Lot 9 S 87°39'01' W for a distance of 179.18 feet to the POINT OF BEGINNING containing 0.040 acre of land more or Tess. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: 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. AAA- M. Stephen T ' esdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, LLC 206 W. Main St. Suite 107 Round Rock, TX 78664 COG-SH29-ESMT-13E doc /91-v6 c0 Date ■ • 0 R ( ) P.Q.B. PUE P.O.R. O.P.R.W.C.T. P.R.W.C.T. LEGEND TYPE 1 CONCRETE MONUMENT FOUND 1/2 IRON ROD FOUND UNLESS NOTED 1/2 IRON ROD FOUND CAPPED PK NAIL FOUND FENCE POST 1/2 " IRON ROD SET W/ TXDOT ALUMINUM CAP TYPE II MONUMENT SET CALCULATED POINT CENTER LINE PROPERTY LINE RECORD INFORMATION POINT OF BEGINNING PUBLIC UTILITY EASEMENT POINT OF REFERENCE O FFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY, TEXAS L INE BREAK —20'PUE PER PLAT CAB. Y, SL. 112-115 0 LINE TABLE N S 25 50 SCALE 1" = 50' NUMBER DIRECTION DISTANCE LI S 45°12'24" E 13.64' L2 N 02°21'08" W 10.00' CLEMENT STUBBLEFIELD SURVEY ABST. NO 558 STATE HIGHWAY NO. 29 (ROW VARIES) K.-- REMAINDER OF EXISTING 20' P.U.E. PER PLAT - CAB. Y, SL. 112-115 1 EXISTING R.O.W. N 87°39'01" E 169.90' PROPOSED R.O.W\ r P.O.B. ry PARCEL I3E Nye LOT 5 BLOCK A WOLF RANCH SUBDIVISION CAB. Y SLD. 112-115 P.R.W.C.T. ro ra 0 co a0 ro I -1 N rn S 87°39'OI" W 179.18' 1 3 EvM 0.040 J ACRE P.O.R. PARCEL I3E LOT 9 BLOCK A • WOLF RANCH SUBDIVISION CAB. Y, SLD 112-115 P.R.W.C.T. • • • • 25' PUE PER PLAT CAB. Y SL. 112-115 • • • • • • • N OTES: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, N AD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013. INTERSTATE HIGHWAY NO. 35 THIS SURVEY WAS PERFORMED FOR EASEMENT ACQUISITION PURPOSES THERE MAY BE EASEMENTS OR O THER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNECTION AND S UPERVISION AND THAT THIS PLAT IS TRUE %ND CORRECT TO TH M. ST N hUESDAL `� t REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS 206 W. MAIN ST SUITE 107 ROUND ROCK, TX. 78664 PH. (512)238-1200,FAX (512)238-1251 /9 6 WLEDGE AND BELIEF. 101 PERMANE >" EMENT LOT 9, WOLF RANCH SUBDIVISION 0.040 ACRE PAGE 3 OF 3 tees.