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Home My WebLink AboutRES 920458 - Eminent Domain Leander RdRESOLUTION NO. ?4ZO I tS WIIEREAS, 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 for the purpose of making drainage improvements in conjunction with the wideing of Leander Road, WBEREAS, 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 a drainage easement across the real property for the above stated municipal purposes; and W]HEREAS, the real property to be acquired for such purposes is an approximate 19,381 square feet of land located in the Clement Stubblefield Survey, Williamson County, Texas, owned by R.B. Motheral and is more particularly described in Exhibit "A!' attached hereto and made a part hereof by reference. 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 that this resolution implements Facilities and Services Policy 1 of the Century Plan which states: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community."; and Utilities and Energy Policy 2 of the Century Plan which states- "The City will establish Utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmfuil ecological impact on the environment.." 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. - _ 88othom\-[bodomoodon SECTION 3. The City Manager is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Property. If the City Manager determines that an agreement as 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 v-v-.,x%.a-sd interested parties of the Property. SECTION 4. It is the intent of the City Council that this Resolution authorizes the condemnation 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 descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining f -i akf t i fff �� trivii, SECTION S. This resolution shall be effective immediately upon adoption. RESOLVED this thirteenth day of October, 1992. ATTEST: CI OF GEORGETOWN: D, L( -ie- By: LEO WOOD City Secretary C-0 e-pLICI-i Mayor Y) APPROVED AS TO FORM: Marianne Landers Banks City Attorney Motheral Condemnation Page 2 of 1 NEW -ON COUNTY: WILLIAMSON HIGHWAY: R.M. 2243 LIMITS: FROM I.H. 35 TO BUSINESS U.S. 81 IN GEORGETOWN ACCOUNT: N/A CSJ #T: 2103-01-011 BEING 0,445 ACRE (19,381 SQUARE FEET) OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 1.955 -ACRE TRACT OF LAND AS CONVEYED TO R.B. MOTHERAL BY INSTRUMENT RECORDED IN VOLUME 992, PAGE 427 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXASI SAID 0.445 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on a point being the southwestc orner of a 13.87 -acre tract of land as conveyed to Wickes Lumber Company by instrument recorded in Volume 1674, Page 651 of said Official Records, said point being the southeast corner of a 3.10 -acre tract of land conveyed to G.W. Bennett & wife Eva Dean Bennett by instrument recorded in Volume 804, Page 709 of said Official Records, said point being also the northeast corner of a 6.0 -acre tract of land as conveyed to Bryco, Inc. by instrument recorded in Volume 796, Page 913 of said Official Records, said point being also the northwest corner of the above referenced 1.955 -acre tract of land for the northwest corner and POINT OF BEGINNING hereof; 1) THENCE with the south boundary line of said Wickes Lumber Company 133.87 - acre tract of land, same being the north boundary line. of said R.S. Motheral 1.9505 -acre tract of land, S88050'07"E for a distance of 75.00 feet to a point for the northeast corner hereof, and from which the northeast corner of said 1.955 -acre tract of land bears S88050'07"E distance of 254.137 feet; 2) THENCE departing the south boundary line of said 13.87 -acre Wickes Lumber Company tract of land, through the interior of said R.B. Motheral 1.955 -acre tract of land, being 75.00 feet easterly of (perpendicular measurement) and parallel with the west boundary line of said R.B. Motheral 1.955 -acre tract of land, S00043'54"W for a distance of 258.26 feet to a point on the south boundary line of said R.B. Motheral 1.955 - acre tract of land, same being the north boundary line of a 61.76 -acre tract of land as conveyed to Georgetown Railroad Company by instrument recorded in Volume 543, Page 451 of said Official Records for the southeast corner hereof; THENCE with the south boundary line of said R.B. Motheral 1.955 -acre tract of land, N88048'25"W for a distance of 34.32 feet to a point of curvature; Williamson County Page 2 of 2 R.M. 2243: From I.H. 35 to Business U.S. 81 in Georgetown CSJ r: 2103-01-011 4) THENCE continuing with the south boundary line of said R.B. Motheral 1.955 -acre tract of land, with curve to the left, having a radius of 881.69 feet, a central angle of 02038'40", an arc length of 40.69 feet and a chord which bears S89052'15"W for a distance of 40.69 feet to a point for the southwest corner hereof; 5) THENCE with the west boundary line of said R.B. Motheral 1.955 -acre tract of land, N00043'54"E for a distance of 259.16 feet to the POINT OF BEGINNING hereof and contairkng 0.445 acre of land. DATED THIS THE JY OF Cecil Jacks6-rVWfsholm,N�R.-P—.L.�-. —No.4295 BAKER-AICKLEIA ASSOCIATES, INC. 9111 JollyviMe Road, Ste. 107 Austin, Texas 78759 POS �co Lo V- rq ELM 'r NA 10 to os) RAILROAD SPUR 24`ELM J PROPOSED a DRAINAGE EASEMENT om ` LM N 88'50'07"W 19`ELrt 75.02 S 88'50'07" E 75.00 1 254.37 19E I toQ�w X11 .,, -cv C4 R g9 S9"52'15"W Lpow A=40.69 `t ! S 88'48'25" E � R=881..69 a ;!o 34.32 VOL. S 00'43'54"W 1E 50.00 S 88046'Z5 " W 54.37 GEORGET - N RAILF M ENT 20 1 AGK VOL. 557 S 58-48'25'E 288,77 N 00'43'54" E 50.04 Los 42.i'f17 21 ��p0 �x� N 88®4825"W 297.39 S 8'9'48'19" W -- — �.. �.. .®. ..« C=40,29 20'L.0 L❑si4''� A=40.29 N 88'4825"W ; ... S R=831.69 34.72 ELM lb' N 43`48'47"W N 094354" E 47.14 74.03 24. GEORGETO TRAoT2 / 1cl , WN r ONE', I WEST PN ND�jST�'lAL P P�y� c3n AS;E ,q J ' CAB. E S SJyE//��CppwwTION SOUTH kiA !tet Ih^.s~11 iai vl if de •Bf/ �y: •. / �® N. �'„