HomeMy WebLinkAboutRES 082217-G - PCN 1603 NW Rivery BlvdRESOLUTION NO. 043 a 6
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 0.044 acres,
and the acquisition of easement rights to that tract totaling 0.044 acres (the "Property"), more or
less, described as follows:
Fee Simple Tract-.
Being a 0.044 acre (1,932 square foot) tract of land situated in the Nicholas Porter
Survey, Abstract 497, Williamson County, Texas more fully described by metes
and bounds and sketch in Exhibit "A" attached hereto.
Easement Tract:
Being a 0.044 acre (1,929 square foot) tract of land situated in the Nicholas Porter
Survey, Abstract 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 and
a drainage and utility easement, 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
Resolution No. 0% --� a 17—
Date adopted: _ *65,A15015
Finding Public Convenience & Necessity for the acquisition of real property
from 1603 Northwest, LLC (Rivery Boulevard Extension) Page 1 of 4
title in the Property or such lesser property interests as set forth in the attached exhibits. 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 exhibits.
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
interests as are more fully described in the attached exhibits, save and except oil, gas, and sulfur,
as provided by law, as follows:
Fee -Simple Tract:
Being a 0.044 acre (1,932 square foot) tract of land situated in the Nicholas Porter
Survey, Abstract 497, Williamson County, Texas more fully described by metes
and bounds and sketch in Exhibit "A" attached hereto.
Easement Tract:
Being a 0.044 acre (1,929 square foot) tract of land situated in the Nicholas Porter
Survey, Abstract 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,
Resolution No. 006 ac�
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property
from 1603 Northwest, LLC (Rivery Boulevard Extension) Page 2 of 4
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", and
the acquisition of easement rights 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;
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;
C. 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
ResolutionNo. 000 —
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property
from 1603 Northwest, LLC (Rivery Boulevard Extension) Page 3 of 4
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.
RESOLVED by the City Council of the City of Georgetown this );;' day of
2017.
ATTEST:
e V -P.- ��n � &wc>, —
Shelley Now ' g, City ecretar
APPROVED AS TO FORM:
Cha e McNabb, Ci y - tomey
THE CITY OF GEORGETOWN:
By: � I r& &V1,
Dale Ross, Mayor
Resolution No. d$
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property
from 1603 Northwest, LLC (Rivery Boulevard Extension)
Page 4 of 4
County: Williamson
Parcel: 15
Highway: Rivery Blvd.
EXHIBIT A
PROPERTY DESCRIPTION
Page 1 of 4
Rev: June 28,2017
DESCRIPTION OF A 0.044 ACRE (1,932 SQUARE FOOT), TRACT OF LAND SITUATED IN THE
NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT 1.50 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED WITH
VENDOR'S LIEN TO 1603 NORTHWEST, LLC RECORDED IN DOCUMENT NO. 2011038212 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.044 ACRE (1,932 SQUARE
FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at an iron rod with aluminum cap stamped "ROW 4933" (City of Georgetown Right -of -Way)
set 65.88 feet left of proposed Northwest Boulevard Baseline Station 100+31.21, in the proposed
northeasterly ROW line of Northwest Boulevard, same being in the existing northwesterly ROW line of
Fontana Drive (a/k/a Washam Drive) (60' ROW width), also being in the southeasterly boundary line of
said 1.50 acre tract, for the easterly corner of the herein described tract;
1) THENCE, with said existing northwesterly ROW line, same being said southeasterly boundary
line of the 1.50 acre tract, S 38°41'04" W for a distance of 29.40 feet to a 1/2" iron rod found at
the intersection of said existing northwesterly ROW line of Fontana Drive and the existing
northeasterly ROW line of Northwest Boulevard (variable width ROW), being the southerly corner
of said 1.50 acre tract, for the southerly corner of the herein described tract, and from which a
1/2" iron rod found at the intersection of the existing southeasterly ROW line of Fontana Drive
and the existing northeasterly ROW line of Northwest Boulevard bears, S 36027'49" E at a
distance of 62.07 feet;
THENCE, departing said existing northwesterly ROW line Fontana Drive, with the existing northeasterly
ROW line of Northwest Boulevard, same being the southwesterly boundary line of said 1.50 acre tract,
the following two (2) courses:
2) N 36°27'49" W for a distance of 170.22 feet to a calculated point of curvature to the left;
3) along said curve to the left, having a delta angle of 1419'57", a radius of 228.66 feet, an arc
length of 57.20 feet and a chord which bears N 43°14'32" W, for a distance of 57.05 feet to a
calculated point, being the westerly corner of said 1.50 acre tract, same being the southerly
corner of the remainder of Lot 1, Block A, Texas Housing Foundation Subdivision, a subdivision
of record in Document No. 2013090399 of the Official Public Records of Williamson County,
Texas, for the westerly corner of the herein described tract, and from which a 1/2" iron rod with
plastic surveyors cap stamped "RPLS 5784", bears S 29°48'28" W at a distance of 0.57 feet;
4) THENCE, departing said existing northeasterly ROW line of Northwest Boulevard, with the
common boundary line of said 1.50 acre tract and said remainder of Lot 1, Block A,
N 38°53'51" E for a distance of 4.17 feet to an iron rod with aluminum cap stamped "ROW 4933"
set 39.77 feet left of proposed Northwest Boulevard Baseline Station 98+18.73 in said proposed
northeasterly ROW line, for the northerly corner of the herein described tract;
Page 2 of 4
THENCE, departing said common boundary line, with said proposed northeasterly ROW line of Northwest
Boulevard, the following four (4) courses:
5) along a curve to the right, having a delta angle of 14052125", a radius of 235.00 feet, an arc
length of 61.00 feet and a chord which bears S 43°53'05" E, for a distance of 60.83 feet to an
iron rod with aluminum cap stamped "ROW 4933" set 43.11 feet left of proposed Northwest
Boulevard Baseline Station 98+70.69, for a point of tangency;
6) S 36°26'52" E, for a distance of 53.73 feet to an iron rod with aluminum cap stamped "ROW
4933" set 42.93 feet left of proposed Northwest Boulevard Baseline Station 99+24.42, for an
angle point;
7) S 40°21'48" E, for a distance of 41.97 feet to an iron rod with aluminum cap stamped "ROW
4933" set 45.66 feet left of proposed Northwest Boulevard Baseline Station 99+66.30, for a point
of curvature to the left;
8) along said curve to the left, having a delta angle of 27021'04", a radius of 143.00 feet, an arc
length of 68.26 feet and a chord which bears S 54002'21" E, for a distance of 67.62 to the POINT
OF BEGINNING, containing 0.044 acres, (1,932 square feet) of land, more or less.
NOTE: This parcel is accompanied by a 10' wide permanent easement being coincident with, parallel and
northeasterly of the above described courses 5-8, as shown on the accompanying sketch.
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, Lawrence M. Russo, 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.
WITN - MY HAND AND SEAL at Round Rock, Williamson County, Texas.
+
C) ho
Oce M. Russo
ate
Registered Professional Land Sup eyor No. 5050
Inland Geodetics, LLC
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Firm Registration No: 100591-00
WPI
1504 Chisholm Trail Road, Suite 103
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Round Rock, TX 78681
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14'52'25"
235.00
61.00'
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1603 NORTHWEST, LLC
(1.50 ACRES)
DOC. NO. 2011038212
O.P.R.W.C.T.
PROPOSED 10'
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PROFESSIONAL LAND 511ltV6YORS
1504 CHISHOLM TRAIL RD, STE. 103
ROUND ROCK, TX. 78681
PH. (SII)238-1200, FAX(512) 238-1251
FIR✓I REGISTRATION N0. 100591-00 11
I PROPOSED NORTHWEST BOULEVARD
99-F00 100100
NORT01WESTIYID?F BOULEVARD /
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0.044 ACRES
1,932 SQUARE FEET
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EXISTING R.O.W.
REVISED: 04/27/2016
REVISED: 06/26/2017
PAGE 3 OF 4
S,\ KPA\RIVFRY BLVD EXTENSION\PARCELS\PARCEL 15-1603 NORTHWEST LLC\KPA-RIVERYFXT-PARCFI 15 REVISION 2-1603 NORTHWEST. LI Cdem
LEGEND
O
IRON ROD SET
W/ ALUMINUM
CAP STAMPED
"COG -ROW --4933"
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
0
1/2' IRON ROD
FOUND
P.U.E.
PUBLIC UTILITY EASEMENT
UNLESS NOTED
P.O.B.
POINT OF BEGINNING
CALCULATED POINT
( )
RECORD INFORMATION
(C'
PROPERTY LINE
O^O
WATER VALVE
D. R. W. C. T.
DEED RECORDS
WILLIAMSON
®
GAS METER
COUNTY, TEXAS
POWER POLE
P. R. W.C.T
PLAT RECORDS
WILLIAMSON
—oE—
OVERHEAD UTILITY
COUNTY, TEXAS
-'
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. 15051905, ISSUED BY WFG NATIONAL TITLE INSURANCE COMPANY INC., EFFECTIVE DATE FEBRUARY 12 2015,
ISSUE DATE FEBRUARY 20, 2015.
NO ITEMS IN SCHEDULE B AFFECT.
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.
jRENCE
M. RUSSO DA _
RED PROFESSIONAL LAND SURVEYOR NO. 5050
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
ACQUISITION
PARCEL 15
0.044 ACRES
1,932 SQUARE FEET
REVISED: 04/27/2016
REVISED: 06/26/2017
PAGE 4 OF 4
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