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HomeMy WebLinkAboutRES 081401-P - Acquisition Utility EsmtRESOLUTION NO. C.'s (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, DECLARING A PUBLIC NECESSITY TO OBTAIN A PERPETUAL UTILITY AND TEMPORARY WORKING EASEMENT ALONG WILLIAMS DRIVE FOR CONSTRUCTION, USE AND MAINTENANCE OF A WASTEWATER LINE, SPECIFICALLY INCLUDING AN EASEMENT ACROSS THAT 0.709 ACRE OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, LOCATED AT THE CORNER OF FM 2338 (WILLIAMS DRIVE) AND LA PALOMA AS MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (THE "PROPERTY "); AND (11) DECLARING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF AN EASEMENT ESTATE INTEREST IN AND TO 0.10 ACRE, A 20 FOOT STRIP OF LAND DESCRIBED IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF ( "THE UTILITY EASEMENT ") IN ORDER TO ERECT, CONSTRUCT, INSTALL, AND THEREAFTER USE, OPERATE, INSPECT, REPAIR, MAINTAIN, RECONSTRUCT, MODIFY AND REMOVE WATER LINES AND SANITARY SEWER LINES, CONNECTING LINES, ACCESS FACILITIES AND RELATED EQUIPMENT (COLLECTIVELY, THE "FACILITIES ") UPON, OVER, UNDER AND ACROSS SAID UTILITY EASEMENT AND ANY WAYS, STREETS, ROADS OR ALLEYS ABUTTING SAME; AND TO CUT, TRIM AND CONTROL THE GROWTH OF TREES AND OTHER VEGETATION ON AND IN THE UTILITY EASEMENT OR ON ADJOINING PROPERTY OF GRANTOR, WHICH MIGHT INTERFERE WITH OR THREATEN THE OPERATION AND MAINTENANCE OF ANY PUBLIC UTILITY EQUIPMENT, ACCESSORIES OR OPERATION; AND (II1) DECLARING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A TEMPORARY WORKING EASEMENT IN AND TO 0.09 ACRE, A 20 FOOT STRIP OF LAND DESCRIBED IN EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF ( "TEMPORARY WORKING EASEMENT ") IN ORDER TO ERECT, CONSTRUCT AND INSTALL THE FACILITIES WITHIN THE UTILITY EASEMENT; AND (IV) AUTHORIZING THE ACQUISITION OF THE PROPERTY RIGHTS BY NEGOTIATION AND /OR CONDEMNATION, IF NECESSARY; AUTHORIZING THE CITY ATTORNEY OR ITS AGENT TO FILE PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY AND PROVIDED FOR SEVERABILITY AND AN EFFECTIVE DATE. Resolution No. Declaring Public Necessity for Acquisition of Williams Drive Utility and Temporary Working Easement Page I of 4 WHEREAS, the City Council of the City of Georgetown, Texas, as part of the development of the new HEB grocery store currently being constructed at the corner of Shell Road and Williams Drive, authorized the provision of wastewater service to the site; and WHEREAS, the City Council of the City of Georgetown, Texas has been shown that there is a public necessity for the welfare of the City of Georgetown and the public at large, to acquire perpetual utility easement and temporary working easement rights to accommodate and facilitate the wastewater line extension; and WHEREAS, in accordance with the above, the City Council of the City of Georgetown, Texas, hereby finds that it is in the public interest to acquire easement estate rights to certain real property, including that 0.709 acre of land described in Exhibit "A" attached hereto and made a part hereof, by negotiation and/or condemnation, for the wastewater line extension; and WHEREAS, the City Council of the City of Georgetown, finds that it is in the best interest of the City of Georgetown to acquire a perpetual utility easement in that 0.10 acre of land described in Exhibit "B" attached hereto and made a part hereof; and WHEREAS, the City Council of the City of Georgetown, also finds that it is in the best interest of the City of Georgetown to acquire a temporary working easement in that 0.09 acre of land described on Exhibit "C" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following elements of the Century Plan - Policy Plan Element: Utilities /Energy Policy End 12.00 —City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers; and Growth and Physical Development Focus End 3.00 - Citizens, business owners and organizations enjoy the benefits of well planned land usage in which conflicting needs are balanced"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. It is hereby officially declared that there is a public necessity for, and the public health, safety, welfare and convenience will be served by the acquisition of a perpetual utility and temporary working easement along Williams Drive for construction, use and maintenance of a wastewater line, specifically including and easement across that 0.709 acre out of the David Wright Survey, abstract No. 13 as more fully described in Exhibit "A ". Resolution No. !/O l �/V /' Declaring Public Necessity for Acquisition of Williams Drive Utility and Temporary Working Easement Page 2 of 4 SECTION 3. It is also hereby officially declared that there is a public necessity for, and the public health, safety, welfare and convenience will be served by, the acquisition of an easement estate interest in and to 0.10 acre, a 20 foot strip of land described in Exhibit "B" attached hereto and made a part hereof ( "the utility easement ") in order to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove - -- water lines and sanitary sewer lines, connecting lines, access facilities and related equipment - -- (collectively, the "facilities ") upon, over, under and across said utility easement and any ways, streets, roads or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the utility easement or on adjoining property of grantor, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories or operation. SECTION 4. It is also hereby officially declared that there is a public necessity for, and the public health, safety, welfare and convenience will be served by the acquisition of a temporary working easement in and to 0.09 acre, a 20 foot strip of land described in Exhibit "C" attached hereto and made a part hereof ( "temporary working easement ") in order to erect, construct and install the facilities within the utility easement. SECTION 5. The City staff is hereby authorized to employ all necessary (1) appraisers to appraise the Property, (2) surveyors to survey the Property, (3) title companies to obtain title information on the Property, and (4) any other professionals or other persons and/or firms necessary for the acquisition of the said easements. That the prior actions and efforts of City officials to employ professional appraisers to appraise the Property, to employ professional surveyors to survey the Property, to employ title companies to obtain title information on the Property, as well as negotiate the purchase of necessary rights for the Property for use as part of the Project, as hereby ratified and confirmed. SECTION 6. The City Manager is hereby authorized on behalf of the City to attempt to agree on the compensation and damages, if any, to be paid to owners of the Property. If the City Manager determines that an agreement as to compensation and damages cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed and handle, through final judgment, proceedings in condemnation against the owners of and other interested parties that have a claim to the Property to acquire the necessary easement estates in the Property. SECTION 7. It is the intent of the City Council that this Resolution authorizes the condemnation of the Property, if necessary, to be used for the municipal purposes described herein. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contains more accurate revised description, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new city Council resolution authorizing the condemnation of the corrected or revised properties. SECTION 8. Should any section/part/paragraph/word of this resolution, for any reason, be held illegal, inoperative, or invalid, or if any exception to or limitation upon and general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder of this Resolution No. *,V /+ Declaring Public Necessity for Acquisition of Williams Drive Utility and Temporary Working Easement Page 3 of 4 Resolution shall, nevertheless, stand effective and valid as if it had been enacted without the portion held to be unconstitutional or invalid or ineffective. SECTION 9. It is officially found, detennined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by Chapter 552 of the Texas Government Code. SECTION 10. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. SECTION 11. This resolution shall be effective immediately upon adoption. RESOLVED this day of , 2001. ATTEST: Sandra D. Lee, City Secretary Cathleen R. Riedel, Acting Cio Attorney Resolution No. Declaring Public Necessity for Acquisition of Williams Drive Utility and Temporary Working Easement Page 4 of 4 THE CITY OF GEORGETOWN: By:," � Mary llen Kersch, Mayor EXHIBIT "R" 0Is go 1060 toot to an trom tilt found on i,'b oath 19.E o Ana - to- Hatktt c o. 133 0l` n th t wa�etoti7 . count, ni tha isid loch," 'o tart th ..cotnot ,tooth . 1)1 32 °.194 '0� SI GSA exon the of North line o ltie. o .u. o 1#1.19 toot to an Lion pLa dots Sot Who C", et"11 'flnc a 1 110 164 ► W.31 fGht to the p$ooe of 11011MING nd con- taining 0.709 of 84 WO Of i"A- Exhihi , P&je 1 VOL - PAGE 7a. / 1 EXHIBIT "A" ioAje Part Acquire LCCATM uv LOT 28 KTZ BLOCK * N' SERENADA WEST SECTION 4 CABINET D.SLIDES 186-189 0 Bury4artners EXHW Of 2W UTtM EASEMUiT KE-19. no % sooXecs oC:mwo Wm %go" U*Ycv. to ulvmcf g v Or DO? LM Or — 100A aw"poo ww "Mcl IN, Llow CUFMICA M "Loo -4 Lynam= I" M GROCERY VA rAfXM-M ownamw i=otmiz in vamc nm Pam so or v= cr ve"wo"M wo.""A4 =In vz=o- cuumv vW4 COMPANY In foollooff "Morw I 01 cm HUGH B. THOMPSON kn 0.709 ACRES VOL-2172, PG-SAO w u 0 (n jww Ca Ck: fD e0jo• LrTILITY ES►T tr) z .7 qq 0 0 ON rc>Q om ROD rou"o (UNLESS NOTED) 0 20 40 60 80 0 1/2- PM ROD SET NTH YV.LGW CAP WARRED IaPl' (t*&ESS NOTED) 1'-40' Bury4artners EXHW Of 2W UTtM EASEMUiT KE-19. no % sooXecs oC:mwo Wm %go" U*Ycv. to ulvmcf g v Or DO? LM Or — 100A aw"poo ww "Mcl IN, Llow CUFMICA M "Loo -4 Lynam= I" M GROCERY VA rAfXM-M ownamw i=otmiz in vamc nm Pam so or v= cr ve"wo"M wo.""A4 =In vz=o- cuumv vW4 COMPANY In foollooff "Morw I TEMPO[' • s LOCAT)M UW rats. 1� t'r'ap" LOT 2B BLOCK '" SERENADA WEST SECTION d CABINET O,SLIDES 186 -188 2W Tt'jM ZWT'R=TtGW EZM*T �lp :: HUGH H. THOMPSON at 0.704 ACRES C0 VOL.2172, PG.540 ul cu w 0 Gu wwo s� m u t zo ch 0 20 40 BO 80 1 ° —s0, TABLE @7.q-r LEGEND ® 1/2, sm Rm romo (t7at.£s5 mOt£O) 0 1/2. 9M ROO SET MTH YEUOW CAP Igury4artners vamr or w mr• cowry ow to H E8. Ito A @M K on aa[t t"wory tbZt or %*" 71 ttprc@ M Nvt@ W7Cui 1aAlRY niatraret .ear a Teat @»r W w �a ttaan Q t GfiC10EFIY mrrty" m Tarn t traasss�. ■s Cv1vtQ@ @+ oc @suarcof @ w � rte M& nm hut ao or » or wp.L mail rcsaa ICOMPANY 111x1 l EXHIBIT "C"