HomeMy WebLinkAboutRES 022718-H - PCN Kylberg CR245RESOLUTION NO. ca 1 g - �►
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 UTILITY
INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in order to facilitate an effective and efficient utility network to preserve the
financial investment of the public in its 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 of a permanent easement interest in that certain tract of land totaling 0.427 acres,
and the acquisition of temporary easement rights to a twenty foot (20') strip of land parallel and
adjacent to the permanent easement tract (the "Property"), more or less, described as follows:
Permanent Easement Tract:
Being a 0.427 acre (18,596 square foot) tract of land situated in the Frederick Foy
Survey, Abstract 229, in Williamson County, Texas more fully described by metes
and bounds and sketch in Exhibit "A" attached hereto.
Temporary Easement Tract:
Being a 20' wide strip of land situated in the Frederick Foy Survey, Abstract 229,
in Williamson County, Texas, parallel and adjacent to the above described
Permanent Easement Tract, and depicted in the sketch in Exhibit "A" attached
hereto.
Exhibit "A" is incorporated herein by reference as if fully set out, for a utility easement and
temporary construction 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 the Cowan Creek
Wastewater Interceptor in Williamson County, Texas.
WHEREAS, as provided for in Section 251.001 and 273.001 of the Texas Local
Government Code, the City finds and determines that the Property is necessary or convenient as a
part of the public utility 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, (hereinafter the
"Project"), and it is necessary to acquire easement interests 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.
Resolution No. Ai s --o
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property
From Kylberg Property @ CR 245 Page 1 of 4
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 fled 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, permanent easement rights 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:
Permanent Easement Tract:
Being a 0.427 acre (18,596 square foot) tract of land situated in the Frederick Foy
Survey, Abstract 229, in Williamson County, Texas more fully described by metes
and bounds and sketch in Exhibit "A" attached hereto.
Temporary Easement Tract:
Being a 20' wide strip of land situated in the Frederick Foy Survey, Abstract 229,
in Williamson County, Texas, parallel and adjacent to the above described
Permanent Easement Tract, and depicted in the 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 easement rights upon, over, under and across the Property for the purpose of
construction, reconstruction, operation, and maintenance of a wastewater line, and appurtenances
thereto, and for the use of any excavated materials from the Property for use in construction of
such 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;
Resolution No. l$ JA
—
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property
From Kylberg Property @ CR 245 Page 2 of 4
Now, THEREFORE, be it RESOLVED by the City Council of the City of
Georgetown:
1. That in order to promote the public health, safety, and welfare, public convenience and
necessity requires the acquisition of a permanent easement on, over, under and across
the real property described hereinabove and in the attached Exhibit `°A", and the
acquisition of temporary 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.
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 rights, and
the construction of 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
rights 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 easements or lesser rights 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.
Resolution No. OD .0cl $ "
Date adopted: C, Ld L� 1 S
Finding Public Convenience & Necessity for the acquisition of real property
From Kylberg Property @ CR 245 Page 3 of 4
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 ;1'7 day of
Vj—goq-Vz ,2018.
ATTEST:
Shelley Nowlin , ity Secretary
]AP:PR;0CVETO FORM:
Cha ie Mc b, City Attorney
THE CITY OF GEORGETOWN:
By: i/& 6a,
Dale Ross, Mayor
Resolution No. ba c �-J 'oo
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property
From Kylberg Property @ CR 245 Page 4 of 4
EXHIBIT "A"
Page 1 of 2
METES AND BOUNDS DESCRIPTION
0.427 OF AN ACRE (18,596 SQ.FT.)
FREDERICK FOY SURVEY, ABSTRACT NO. 229
WILLIAMSON COUNTY, TEXAS
BEING 0.427 OF AN ACRE (18,596 SQUARE FEET) OF LAND SITUATED IN
THE FREDERICK FOY SURVEY, ABSTRACT NUMBER 229 OF
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF A CALLED 31.32
ACRE TRACT OF LAND CONVEYED TO DONALD H. KYLBERG IN
VOLUME 752, PAGE 229, OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS (D.R.W.C.T.), BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING
REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
TEXAS CENTRAL ZONE, NAD 83/93 HARN DATUM WITH ALL DISTANCES
SHOWN HEREON CONVERTED TO SURFACE VALUES BY MULTIPLYING
BY THE COMBINED SCALE FACTOR OF 1.000143965.
COMMENCING at a 1/2 inch iron rod found (N 10,240,034.68 E 3,102,564.01) on the
line common to the south line of the Final Plat of Planned Unit Development of Sun City
Georgetown, Neighborhood Ten -E in Cabinet Q, Slides 258-260, Plat Records of
Williamson County, Texas, and the north line of said 31.32 acre tract;
THENCE, North 69°30'27" East, a distance of 1088.82 feet with the line common to the
south line of said Sun City Georgetown Neighborhood Ten -E and the north line of said
31.32 acre tract to a calculated point for the POINT OF BEGINNING (N 10,240,415.64
E 3,103,583.92) and the northwest corner hereof;
THENCE, North 69130'27" East, continuing with the line common to said south line of
said Sun City Georgetown Neighborhood Ten -E and the north line of said 31.32 acre
tract, a distance of 31.11 feet from which a 1/2 -inch iron rod found bears North 69°30'27"
East with the line common to the south line of said Sun City Georgetown Neighborhood
Ten -E and the north line of said 31.32 acre tract, a distance of 23.93 feet;
THENCE, departing the south line of said Sun City Georgetown Neighborhood Ten -E,
over and across said 31.32 acre tract, the following three (3) courses and distances:
1. South 35°50'15" East, a distance of 26.10 feet to a calculated point,
2. South 37°23'00" East, a distance of 489.14 feet to a calculated point,
EXHIBIT "A"
Page 2 of 2
South 76°58'53" East, a distance of 112.07 feet to a calculated point in the south
line of said 31.32 acre tract and the north line of a called 161.3421 acre tract of
land conveyed to Pulte Homes of Texas, L.P., a Texas Limited Partnership, in
Document Number 2015003147, Official Public Records of Williamson County,
Texas for the southeast corner hereof;
THENCE, South 69°38'36" West, with the line common to the south line of said 31.32
acre tract and the north line of said 161.3421 acre tract, a distance of 54.53 feet to a
calculated point for the southwest corner hereof, from which a 1/2 inch iron rod found for
the southwest corner of said 31.32 acre tract and the northwest corner of said 161.3421
acre tract, said point also being on the occupied easterly right-of-way line of Country
Road 245 bears South 69°38'36" West, with the line common to the south line of said
31.32 acre tract and the north line of said 161.3421 acre tract, a distance of 2070.77 feet;
THENCE, departing the north line of said 161.3421 acre tract, over and across said
31.32 acre tract, the following three (3) courses and distances:
1. North 76°58'53" West, a distance of 77.33 feet to a calculated point,
2. North 371123'00" West, a distance of 500.35 feet to a calculated point,
3. North 35°50'15" West, a distance of 34.74 feet to the POINT OF BEGINNING
and containing a computed area of 0.427 acres of land.
This metes and bounds description is accompanied with a sketch.
Date: 1 A 1 /9-0 1.8
tegkiered Profession`iMand Surveyor aF
exas Registration Number 6077 rtq+9
Prepared by: McKim & Creed, Inc. �? 4 ° •�'
8868 Research Blvd., Suite 407.."""""""""""`
JORG.. FERNANDEZ
Austin, Texas 78758 .A 6077
TBPLS Firm Registration number 101776-01 �9; °�ssla" �yaQ
� SUFt�
REV2
C 1
FlNAL PLAT OF
PLANNED UNIT DEVELOPMENT
OF SUN CITY GEORGETOWN,
NEIGHBORHOOD TEN -E 5��_�rl-rPULTE HOMES OF TEXAS, L.P. CABINET Q, SLIDES 258-260 (CALLED 87.979 ACRES)
PLAT RECORDS OF e r DOCUMENT NO. 2016003241
r
�a? -A WILLIAMSON COUNTY, TEXAS r,41w OFFICIAL PUBLIC RECORDS
SITE LOCATION
f
L
L
P -0-C,
N- J,240,034,68
l \ E= 1,102,564.01
v9
_ WILLIAMSON COUNTY, TEXAS
P.0.8.
N=1U,240,h15.64
2
WASTEWATER EASEMENT
�~ 0.427 ACRES
(18,596 SQ. FT.)
20' TEMPORARY�rX�
CONSTRUCTION
EASEMENT
DONALD
H. KYLBERG
\�7
(CALLED
31.32 ACRES)
E 31.1 1
VOLUME 752,
PAGE 229
EXPRESSED IN U -S. SURVEY FEET- SCALED TO SURFACE
DEED
RECORDS
S
WILLIAMSON
COUNTY, TEXAS
L4
NOTES:
DETANCE
BEARING BASIS: STATE PLANE COORDINATE SYSTEM,
N
TEXAS CENTRAL, ZONE-, NAD 8:3/93 H.A.R.N. DATUP
E 31.1 1
ALL COORDINATES ARE GRID_. ALL DISTANCES
N
EXPRESSED IN U -S. SURVEY FEET- SCALED TO SURFACE
E 23.53
BY A COMBINED SURFACE ADJUSTMENT FACTOR OF
S
1.000143965.
E 26.10
L4
S 76'58 53
2, THIS BOUNDARY MAP EXHIBIT IS ACCOMPANIED BY A
/
NARRATIVE METES AND BOUNDS DESCRIPTION.
/
W 54,53
L6
3.. THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A
TITLE COMMITMENT- THERE EASEMENTS,
Zp11 �■ W
�
MAY BE.
RIGHTS OF -WAY OR OTHER RESTRICTIONS THAT ARE
/ 3$
g
NOT SHOWN.
35"50'15
NOPARI OR FARTS OF THIS DRAWING MAY BE REPRODUCED OR REIRANSMITTEC
=iDO 010960032
IN. ANY WAY OR FORM (EI. L.CfRONIC, MECHANICAL, PHOTOCOPYING, OR DTFIERWISE')
U1-30-2016 PAGE: 1 OF 1
WII'FIOUT THE EXPRESS WRITTEN PERMISSION OF MCKIM & CREED INC.
0 U.B. WW EASEMENLREV7
DONALD H. KYLBERG
(CALLED 31.32 ACRES)
VOLUME 752, PAGE 229
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
■ IRON ROD FOUND
(UNLESS OTHERWISE NOTED)
CALCULATED POINT
Li NE I BEARING
DETANCE
L1
N
59'30'27'
E 31.1 1
L2
N
69'30'27-
E 23.53
L3
S
35'5015
E 26.10
L4
S 76'58 53
E 112.07
L5
S
69'38'36"
W 54,53
L6
N
76'58'53'
W 77,33
7
IN
35"50'15
W13
SKETCH OF
WASTEWATER EASEMENT
0.427 ACRES
L6
(18,596 SQ. FT.)
FREDERICK FOY SURVEY, ABSTRACT NO. 229,
WILLIAMSON COUNTY, TEXAS
ENGINEERS, SURVEYORS, PLANNERS
PULTE HOMES OF TEXAS, L.P.,I&�
8868 RESEARCH BOULEVARD, SUITE 407
�/ AUSTIN, TEXAS 78758
A TEXAS LIMITED PARTNERSHIP
�% 512-916-0224
(CALLED 161.3421 ACRES)
WWW.MCKIMCREED.COM
DOCUMENT NO. 2015003147
TBPLS FIRM REGISTRATION NO. 101776-01
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
=iDO 010960032
U1-30-2016 PAGE: 1 OF 1
0 U.B. WW EASEMENLREV7