HomeMy WebLinkAboutRES 930041-B - Need Fee Simple TitleI-tESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS DETERMINING A PUBLIC NECESSITY FOR
ACQUIRING FEE SIMPLE TITLE TO .127 ACRE TRACT OF LAND
SITUATED IN THE CLEMENT STUBBLEFIELDI ABSTRACT NO. 558, IN
GEORGETOWN, WILLIAMSON COUNTY� TEXAS, FOR RIGHT-OF-WAY,
UTILITIES AND OTHER MUNICIPAL PURPOSES; AUTHORIZING THE
CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY- AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, upon consideration
of the matter, has determined that there is a public necessity for the welfare of the City of
Georgetown and the public at large to acquire certain real property in fee simple title for
right-of-way, utilities and any other municipal purposes;
WHEREAS, in accordance with the above, the City Council of the City of
Georgetown, hereby finds that it is in the public interest to acquire fees simple title to real
property for the above -stated municipal purposes;
WHEREAS, the real property to be acquired for such purposes is a .127 acre tract of
land, situated in the Clement Stubblefield Survey, Abstract No. 558, in Georgetown,
Williamson County, Texas, and is more particularly described in Exhibit "A" attached hereto
and made a part hereof by reference; and
WHEREAS, the City Council has found that this action implements Transportation
Policy I of the Century Plan - Policy Plan Element, which states: "The City will encourage a
transportation system that provides for the safe and efficient movement of traffic, promotes
the economic interest of the community, and adequately serves the personal needs of
individuals;" and further, the City Council finds that this resolution is not found to be
inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of
the Administrative Chapter of the Policy Plan;
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.
SECTION 2
The City Council hereby finds and determines that public necessity requires the
acquisition of the unencumbered fee simple title to the property described in attached Exhibit
"A", save and except oil, gas, and sulphur rights with no right of exploration, for right -of -
Spears Condemnation Resolution No.
Page 1 of 2
1
way, utilities and other municipal purposes in the City of Georgetown, Texas.
S '7 1
C.H
ON 3
It is hereby determined that the City of Georgetown has in fact transmitted a bona fide
offer to the property owners, in accord with the laws of the State of Texas, for the property
described in the attached Exhibit "A", and that the owners of the property and the City
Attorney have been negotiating concerning the value of the land and damages. In order to
finalize the purchase of this property, the City Manager is hereby authorized on behalf of the
City to attempt with one final offer to agree on damages and compensation to be paid to the
owners of the property. If the City Manager determines that an agreement zis to damages and
compensation cannot be reached, then the City Attorney is hereby authorized to file, or cause
to be filed, proceedings in eminent domain to acquire fee simple title to the property, against
I
the owners and interested parties of the property.
SECTION 4
It is the intent of the City Council that this resolution authorizes the cmidenination of
all property described in Exhibit "A to be used for the municipal purposes described in
Section 2. If it is later determined that there are any errors in the descriptions contained
herein or if later surveys contain more accurate revised description, the City' i-+ autlioriztd 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 property.
SECTION 5
This resolution shall be effective immediately upon adoption.
RESOLVED this t day of lanuary, 1-993.
Attest:
.4
Elizabeth Gray
City Secretary
Approved as to form:
t Vim_;S
Marianne Landers Banks
City Attorney
0-111 Spears Condemnation Resolution No. I MI
P,,,Ye 2 or 2
THE CITY OF GEORGETOWN:
By: LEO WOOD
Mayor
•
Page I of 2
EXHIBIT
COUNTY: WILLIAMSON
HIGHWAY: R.M. 2243
LIMITS: FROM I.H. 35 TO BUSINESS U.S. 81 IN GEORGETOWN
ACCOUNT* NIA
2103-01-011
BEGINNING at an iron rod set on a point in the existing curving north
right-of-way line of R.M. 2243 (80.00 ft. width) being the southeast
corner of a 1.21 acre tract of land as conveyed to James W. Lackey by
instrument recorded in Volume 519, Page 332 of the Official Records of
Williamson County, Texas, said point being the southwest corner of said
1.19 acre tract of land for the southwest corner and POINT OF BEGINNING
hereof;
1.) THENCE departing said right-of-way line with the common boundary
line of said 1.21 acre tract of land and said 1.19 acre tract of
land N00049'28"W for a distance of 16.81 ft. to an iron rod set on
a point being 50.00 ft. left of proposed engineer's centerline
station 581+63.43 for the northwest corner hereof and from which,
an iron rod found on the northwest corner of said 1.191 acre tract
of land, same being the northeast corner of said 1.21 acre tract of
land bears N00049'28"W a distance of 143.06 ft.;
2.) THENCE departing said common boundary line, thru the interior of
said 1.19 acre tract of land, with curve to the right, having a
radius of 1959.86 ft * , a central angle of 12030'05", an arc length
of 427.62 ft. and a chord which bears N79055'50"E for a distance of
426.77 It. to an iron rod set on a point in the east boundary line
01Z of I
said 1.110 acre tract and, same being the west boundary line
of a 1.00 acre tract of land as conveyed to William S. McLaughlin
and wife Danora McLaughlin by instrument recorded in Volume 492,
Page 194 of said Official Records, said point being 50.00 ft. left
of proposed engineer's centerline station 585+80.14, for the
northeast corner hereof, and from which, an iron rod found on a
point being the northeast corner of said '1.19 acre tract of land,
same being the northwest corner of said 1.00 acre tract of land
bears N030117'17"W a distance of 74.30 ft.;
wo, Cl �no 141 1�>
Williamson County Page 2 of 2
R.M. 2243: From I.H. 35 to Business U.S. 81
in Georgetown
CSJ 2103-01-011
Parcel 12
3.) THENCE with said common boundary line, S03017'17"E for a distance
of 9.60 ft. to an iron rod set on a point being in the existing
curving north right-of-way line of R.M. 2243, same being the
southeast corner of said 1.19 acre tract of land, the southwest
corner of said 1.00 acre tract of land and the southeast corner
hereof;
4.) THENCE with the existing north right-of-way line of R.M. 2243,
with curve to the left, having a radius of 1949.86 ft. ,a central
angle of 12036'50", an arc length of 429.27 ft. and a chord which
bears 578059'08"W for a distance of 428.40 ft. to the POINT OF
BEGINNING hereof and containing 0.127 acre of land.
DATED THIS THE 2S DAY OF �jgj!f#4
tjg!!J�� , 1991.
ac kso n
SURVEYED BY:
-A.
�—ecil Jackson f7holm-, R7P.L.S. No. 4295
is BAKE%-AICKLE ASSOCIATES, INC.
j
01111 jollyvi•Road, Ste. 107
Austin, Texas 78759
CJC:ek OF
620-010-10 S T
kf CECIL JACKSON I
I-.
cf��Cclll't
4295
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