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Home My WebLink AboutRES 030816-T - PCN San Gabriel StorageRESOLUTION NO. DLJ 0 S I to `T A RESOLUTION 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 facilitate the safety and movement of traffic and to preserve the financial investment of the public in its roadways and utility infrastructure, and protect the safety of the public, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires the acquisition in fee simple of that certain tract of land totaling 0.004 acre (the "Property"), more or less, described as follows: Being a 0.004 acre (192 square foot) tract of land situated in the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Exhibit A is incorporated herein by reference as if fully set out, for public road right of way, over under and across the Property located in Williamson County, Texas, and for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating the extension of Rivery Boulevard in Williamson County, Texas. WHEREAS, as provided for in Section 251.001, 273.001 of the Texas Local Government Code, and under the general authority granted in Section 311.001 of the Texas Transportation Code, the City finds and determines that the Property is necessary or convenient as a part of the roadway system for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating the hereinafter described Project in Williamson County, Texas, including utility improvements, public drainage utility infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and purposes related thereto as permitted by law (hereinafter the "Project'), and it is necessary to acquire fee simple title in the Property or such lesser property interests as set forth in the attached exhibit. The City finds and determines that condemnation of the Property may be required. IT IS THEREFORE ORDERED that the initiation of condemnation proceedings for the Property is adopted and authorized by a single order for the Property, and this first vote by the City applies to all of the Property identified in the attached exhibit. IT IS FURTHER ORDERED that the City Attorney is hereby authorized to proceed to condemnation on the Property, if necessary, and directed to transmit or cause to be transmitted this request of the City to legal counsel to file or cause to be filed against all owners, lienholders, and any owners of any other interests in the Property, proceedings in condemnation to acquire in the name of and on behalf of the City, fee simple title to the Property or such lesser estates or property Resolution No. b 3 l Lo "-T Date adopted: Finding Public Convenience & Necessity for the acquisition of real property from San Gabriel Storage Systems Venture (Rivery Blvd. Extension) Pagel of 4 interests as are more fully described in the attached exhibit, save and except oil, gas, and sulfur, as provided by law, as follows: Being a 0.004 acre (192 square foot) tract of land situated in the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. WHEREAS, in order to effectuate the Project, it will be necessary and convenient that the employees, agents, and/or representatives of the City to lay out the Project and acquire the necessary right of way upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of public road, water quality and/or drainage utility infrastructure improvements and the construction of cut/fill slopes adjacent to the Project, and appurtenances thereto, and for the use of any excavated materials from the Property for use in construction of such roadway and/or utility infrastructure improvements; 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 for the Project; WHEREAS, in order to acquire the Property, it will be or has been necessary for the City's employees, agents, and/or representatives, to enter upon the Property for the purposes of surveying and establishing said land titles and to determine adequate compensation for the Property, 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 Property to be acquired for the Project; Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: That in order to promote the public health, safety, and welfare, public convenience and necessity requires the acquisition of right of way in fee simple on, over, under and across the real property described hereinabove and in the attached Exhibit "A" for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating of the Project in Williamson County, Texas, including utility improvements, public water quality and drainage utility infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and purposes as permitted by law. 2. That the City's employees, agents, and/or representatives are hereby authorized to: a. Lay out the exact location of the land area needed from the Property or other properties; Resolution No. 0 $1(0' T Date adopted: 1 Finding Public Convenience & Necessity for the acquisition of real property from San Gabriel Storage Systems Venture (Rivery Blvd. Extension) Page 2 of 4 b. Hire such engineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to effect the laying out of the facilities for the Project, the establishment and acquisition of the required right of way, and the construction of permanent public road, water quality and drainage and/or utility infrastructure improvements, and appurtenances thereto; Enter upon any property necessary for the purpose of surveying and establishing the title, in order to determine adequate compensation for the right of way being acquired, and to conduct tests; d. Negotiate with the owner(s) of any such properties for the purchase thereof, e. To purchase any necessary right of way on, over, under and across the Property, and execute all documents necessary to acquire such Property, all subject to the City Council's express approval of the specific, negotiated terms of the acquisition; f. Initiate eminent domain proceedings against the owner(s), lienholders, and any owners of any other interests in the Property to obtain the necessary title(s) for the Property in the event the owner(s) fail(s) to accept a bona fide offer to purchase the Property; and g. Take whatever further actions are deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 5. That all previous acts and proceedings done or initiated by the City's employees, agents, and/or representatives for the establishment of the Project, including the negotiation for and/or acquisition of any necessary property rights in the Property are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 7. This resolution shall be effective immediately upon adoption. Resolution No. b3 o$ I L _T Date adopted: 3 is la=Lp Finding Public Convenience & Necessity for the acquisition of real property from San Gabriel Storage Systems Venture (Rivery Blvd. Extension) Page 3 of 4 RESOLVED by the City Council of the City of Georgetown this day of M g r C.�-, , 2016. ATTEST: S Shelley Nown, , City Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney THE CITY OF GEORGETOWN: SL By: (�� Dale Ross, Mayor Resolution No.' () b Date adopted: 3 19 Finding Public Convenience & Necessity for the acquisition of real property from San Gabriel Storage Systems Venture (Rivery Blvd. Extension) Page 4 of 4 County: Williamson Parcel: 21 Highway: Rivery Blvd. t ic EXHIBIT PROPERTY DESCRIPTION Page 1 of 4 DESCRIPTION OF A 0.004 ACRE (192 SQUARE FOOT), TRACT OF LAND SITUATED IN THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT III, A 7,505 SQUARE FOOT TRACT OF LAND OUT OF LOT 1, BLOCK 7 OF GABRIEL HEIGHTS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET B, SLIDE 5-7 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING CONVEYED TO SAN GABRIEL STORAGE SYSTEMS VENTURE BY INSTRUMENT RECORDED IN VOLUME 1121, PAGE 925 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.004 ACRE (192 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with aluminum cap stamped "COG ROW" (City of Georgetown Right -of -Way) set at the intersection of the existing easterly ROW line of Park Lane (50' ROW width), and the proposed easterly ROW of said Park Lane (variable width ROW) in the westerly boundary line of said 7,505 square foot Tract III, for the southerly corner of the herein described tract, and from which, a 1/2" iron rod found in asphalt, being the southwesterly corner of said 7,505 square foot Tract III, same being the northwesterly corner of that called Tract II in said Volume 1121, Page 925, bears S 13°39'26" W at a distance of 8.44 feet; 1) THENCE, departing said proposed easterly ROW line, with said existing easterly ROW line, same being the westerly boundary line of said 7,505 square foot Tract III, N 13°39'26" E, for a distance of 41.44 feet to a 1/2" iron rod found in asphalt at the intersection of the existing easterly ROW line of Park Lane and the existing southerly ROW line of Clay Street (50' ROW width), being the northwesterly corner of said Lot 1, Block 7 and of said 7,505 square foot Tract III, for the northwesterly corner of the herein described tract; 2) THENCE, departing said existing easterly ROW line of Park Lane, with said existing southerly ROW line of Clay Street, same being the northerly boundary line of said 7,505 square foot Tract III, S 76°17'00" E, for a distance of 11.10 feet to an iron rod with aluminum cap stamped "COG ROW" set in said proposed easterly ROW line of Park Lane, for the northeasterly corner of the herein described tract, and from which, a 5/8" iron rod found, being an angle point in said existing southerly ROW line, bears S 76017'00" E, passing at a distance of 108.90 feet the calculated northeasterly corner of said 7,505 square foot Tract III, for a total distance of 129.49 feet; Page 2 of 4 3) THENCE, departing said existing southerly ROW line, with said proposed ROW line, through the interior of said 7,505 square foot Tract III, along a non -tangent curve to the left, having a delta angle of 13057'24", a radius of 176.50 feet, an are length of 42.99 feet and a chord which bears S 28039'03" W for a distance of 42.89 feet to the POINT OF BEGINNING, containing 0.004 acres, (192 square feet) 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 § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen Tru sdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 S:/_KPA/RIVERY BLVD EXTENSION/PARCELS/PARCEL 21 -SAN GABRIEL J A Date Ofi ��p�STEq�o'f •9 .I.9b...•HO...H U.... W STEPHEN TRUESDALE 10 q 1........... •.H.... V6" 9 4933 4_JQ Q.•_°lESs%..�•0 it A !( NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING Cl 1 13'57'24" 176.50' 42.99' 42.89' S28'39'03"W 5/8„ -'C4�-� 0 10 20 1 " = 20' (VOL. 592. PG. 687) J\llrrl0/ Il5 POR-frrFi� SJRVF'Y AB3 7 -kr] Cr I\IJ, --97 \�cp'141. 4 8.44 cu - C_ (N13'39'26 -'E --49-88' ----R'0 1� (N16'20'E 49.78') iPA-RK LANE o- (50' ROW WIDTH) / INLAND PARCEL 21 GEODETICS PROFESSIONAL LAND SURVEYORS 0.004 ACRES CHISHOLM ROCK,TRAIL RD.STE.103 192 SQUARE FEET ROUND RACK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 FIRM REGISTRATION NO. IOOS91-00 10BUILDING LINEI (VOL. 592. PG. 687) ' � LOT 1 I � I B L O C K 7 I I SAN GABRIEL STORAGE / SYSTEMS VENTURE _ TRACT III < I (7,505 SQ. FT.) / a VOL. 1121,1 PG. 925 < O.R.W.C.T. I 0— F- -0—N coO 0 O ZJ N N ^ N / p w of n M O O o CD n MI �(o GABRIEL HEIGHTS CAB. Bl SLIDE 5-7 P.R. W. C. T. I TRACT II @30' BUILDING LINE/PLAT 0.004 AC. STORAGEI 192 SQ. FT. RENTAL BUILDING / 4-P&()Po ASPHALT P.O.B.CSfC Rpw / \�cp'141. 4 8.44 cu - C_ (N13'39'26 -'E --49-88' ----R'0 1� (N16'20'E 49.78') iPA-RK LANE o- (50' ROW WIDTH) / INLAND PARCEL 21 GEODETICS PROFESSIONAL LAND SURVEYORS 0.004 ACRES CHISHOLM ROCK,TRAIL RD.STE.103 192 SQUARE FEET ROUND RACK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 FIRM REGISTRATION NO. IOOS91-00 LEGEND 0 IRON ROD SET W/ ALUMINUM CALC/DEED AREA 0.172 REMAINDER AREA CAP STAMPED 'COG -ROW" 0. R. W. C. T. OFFICIAL RECORDS O 1/2" IRON PIPE FOUND WILLIAMSON COUNTY, TEXAS O. P. R. W. C. T. OFFICIAL PUBLIC RECORDS O IRON ROD WITH CAP FOUND WILLIAMSON COUNTY, TEXAS • 1/2" IRON ROD FOUND P.U.E. PUBLIC UTILITY EASEMENT UNLESS NOTED ( ) RECORD INFORMATION D CALCULATED POINT OO WATER VALVE I� PROPERTY LINE ® GAS METER D. R. W. C. T. DEED RECORDS WILLIAMSON POWER POLE COUNTY, TEXAS _CE- OVERHEAD UTILITY P. R. W. C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 1z DENOTES COMMON OWNERSHIP 1) All bearings shown hereon are based on grid bearing. All 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 factor of 1.00013. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 15051893, ISSUED BY WFG NATIONAL TITLE INSURANCE COMPANY INC., EFFECTIVE DATE FEBRUARY 5, 2015, ISSUE DATE FEBRUARY 13, 2015. 1. RESTRICTIVE COVENANTS: CABINET B, SLIDES 5-7, PLAT RECORDS AND AS AMENDED IN VOLUME 592, PAGE 687, VOLUME 592, PAGE 712, DEED RECORDS, VOLUME 1552, PAGE 691, AND VOLUME 1589, PAGE 115, VOLUME 1589, PAGE 123, VOLUME 1589, PAGE 126, VOLUME 1589, PAGE 129, VOLUME 1589, PAGE 132, VOLUME 1589, PAGE 135, VOLUME 1589, PAGE 138, VOLUME 1589, PAGE 141 AND VOLUME 1589, PAGE 144, OFFICIAL RECORDS WILLIAASON COUNTY, TEXAS, SUBJECT TO. 10A. A PORTION OF A 10 FOOT PUBLIC UTILITY EASEMENT ALONG A PORTION OF THE SOUTHWESTERLY PROPERTY LINE AS SHOWN ON PLAT RECORDED IN CABINET B, SLIDES 5-7, PLAT RECORDS WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. B. EASEMENT DATED JUNE 30, 1965, GRANTED TO BRAZOS ELECTRIC COOPERATIVE, INC., RECORDED IN VOLUME 480, PAGE 37, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. C. A 30 FOOT BUILDING SETBACK LINE ADJACENT TO A STREET ON WHICH THE LOT FACES AS STATED ON PLAT RECORDED IN CABINET B, SLIDES 5-7, PLAT RECORDS WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. D. A 5 FOOT BUILDING SETBACK LINE AS ALONG SIDE PROPERTY LINES AS STATED ON PLAT RECORDED IN CABINET B, SLIDES 5-7, PLAT RECORDS WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. SEE 10 FOOT AMENDMENT IN RESTRICTIONS VOLUME 592, PAGE 687, AFFECTS AS SHOWN. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. I Zvo,volt) M. STEPHEN TRUESDALE� D REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 I N L A N D u GEODETICS PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (SI 2(238-1200,FAX (512)238-1251 FIRM REGISTRATION NO. 100591-00 P M, STEPHEN TRUESDALE °N• N51N...•N••. •.N Goes It - 9 4933 ACQUISITION 0.004 CALC/DEED AREA 0.172 REMAINDER AREA 0.168 PARCEL 21 0.004 ACRES 192 SQUARE FEET 192 7,505 7,313