HomeMy WebLinkAboutRES 092518-P - PCN Acquisition PropertyRESOLUTION NO. 01 -Qs kV
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 0.110 acres,
(the "Property"), more or less, described as follows:
Fee Simple Tract:
Being a 0.110 acre (4,774 square foot) tract of land situated in the Nicholas Porter
Survey, Abstract 497, Williamson County, Texas, and being a portion of Lot 2,
Block A, Texas L.A.W. Addition, a subdivision according to the plat thereof
recorded in Cabinet E, Slide 361 of the Plat Records of 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 and improvement of Northwest 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 exhibits. The City
finds and determines that condemnation of the Property may be required.
Resolution No. OQa$l S— P
Date adopted: I 15
Finding Public Convenience & Necessity for the acquisition of real property
from Secard (Parcel 9, NW Boulevard) 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 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 0.110 acre (4,774 square foot) tract of land situated in the Nicholas Porter
Survey, Abstract 497, Williamson County, Texas, and being a portion of Lot 2,
Block A, Texas L.A.W. Addition, a subdivision according to the plat thereof
recorded in Cabinet E, Slide 361 of the Plat Records of 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:
Resolution No. 1 -% — `
Date adopted: 5 1 2D -Ls
Finding Public Convenience & Necessity for the acquisition of real property
from Secard (Parcel 9, NW Boulevard) Page 2 of 4
1. 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;
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
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,
Resolution No. 9 5 $" 1
Date adopted:;).Of S
Finding Public Convenience & Necessity for the acquisition of real property
from Secard (Parcel 9, NW Boulevard) Page 3 of 4
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 aS day of
lsgP W , 2018.
ATTEST:
Shelley Nowlin , 'ty Secretary
Lar�lie
RiMcNa
AS `FQ,FORM:
b, City Attorney
THE CITY OF GEORGET , N:
By:
M • yor prro Tewy
Resolution No. O 6-15 ( $
Date adopted: 011 1 �oQl
Finding Public Convenience & Necessity for the acquisition of real property
from Secard (Parcel 9, NW Boulevard) Page 4 of 4
County: Williamson
Parcel: 9
Highway: Northwest Blvd.
EXHIBIT A
PROPERTY DESCRIPTION
01/04/16
Page 1 of 4
DESCRIPTION OF A 0.110 ACRE (4,774 SQUARE FOOT), TRACT OF LAND SITUATED IN
THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 2, BLOCK A, (1.04 ACRES) TEXAS L.A.W. ADDITION, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, SLIDE
361 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING CONVEYED
TO THE CHRISTOPHER G. SECARD AND GRICELDA C. SECARD BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2009028465 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0,110 ACRE (4,774 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" set 60.00 feet left of
proposed Northwest Boulevard Baseline Station 109+14.35 in the proposed northerly right-of-
way (ROW) line of Northwest Boulevard, same being the existing westerly ROW line of
Interstate Highway (IH) 35 (variable width ROW) for the northeasterly corner and POINT OF
BEGINNING of the herein described tract;
1) THENCE, departing said proposed northerly ROW line, with the common line between
said Lot 2, Block A and said ROW line, S 26048'24" W, for a distance of 23.68 feet to a
1/2" iron rod found at the intersection of said existing westerly ROW line of IH 35 and the
existing northerly ROW line of Northwest Boulevard (variable width ROW);
2) THENCE, departing said IH 35 ROW line, with said existing northerly ROW line of
Northwest Boulevard, same being the southerly boundary line of said Lot 2,
N 63012'33" W, for a distance of 200.00 feet to a 1/2" iron rod found, being the
southeasterly corner of Lot 1, Block A (1.4 Acres), of said Texas L.A.W. Addition, also
being the southwesterly corner of said Lot 2, Block A, for the southwesterly corner of the
herein described tract;
3) THENCE, departing said existing northerly ROW line, with the common boundary line of
said Lot 1 and Lot 2, N 26056'13" E, for a distance of 24.07 feet to an iron rod with
aluminum cap stamped "COG ROW" set 60.00 feet left of proposed Northwest
Boulevard Baseline Station 107+14.41 in said proposed northerly ROW line, for the
northwesterly corner of the herein described tract, and from which a 1/2" iron rod with
plastic cap stamped "5784" found, being the northeasterly corner of said Lot 1, same
being the northwesterly corner of said Lot 2, also being the southerly boundary line of
Lot 2 of Revised Plat of Gateway Northwest, a subdivision according to the plat thereof
recorded in Cabinet G, Slide 121 of the Plat Records of Williamson County, Texas bears
N 26056'13" E at a distance of 209.55 feet;
Page 2 of 4
4) THENCE, departing said Lot 1, through the interior of said Lot 2, S 63005'50" E for a
distance of 199.95 feet to the POINT OF BEGINNING, containing 0.110 acres, (4,774
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.
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:/_KLOTZ PROJECTS/RIVERY BLVD EXTENSION/PARCE
PLAT TO ACCOMPANY
j\Il,,,-1-1OLAS POJ? C'F �' �J )7 V r~y
A-85W)A � rr O N50"11'47' W
REVISED FINAL PLAT 0.515784 ID
GATEWAY NORTHWEST • "'
CAB G, SLIDE 121-122 _
LOT 2 P. R. W. C. T. LOT 2
(2.45 ACRES)
0 20 40
1" = 40'
1
See Detail
.41
z
E)
x
w
1 o' P. U. E.
PER PLA
N2fi 55 13 E 199.95 S26'48'24"W
24.07' . j _ _� 23.68'
.s4 IV OutDNGI LINE — — —(CAR. E. SLD. 361) S
It
I i
N63'12 33 W 200.00. ExISTING R.O.W.
(N63'23'W 200.00')
NORTHWEST BL VD.
(VARIABLE WIDTH ROW)
PROPOSED NORTHWEST BOULEVrIr�[ �ASELINE - - - -I _ -
107+00 108+00 109+00
id
IML 01/04/16
INLAND PARCEL 9
GEODETICS
PROFESSIONAL LAND SURVEYORS 0. 1 10 ACRES
1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681 4,774 SQUARE FEET
PH. (512) 238-1200, FAX (512) 238-1251
19 FIRM REGISTRATION NO. 100591 -00 PAGE 3 OF 4
5' P.U.E.
Detail
5784
PER PLAT
Not To Scale
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:-�
A 6ti
Tex LA0 g g!N G� I
II
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10'
OT II
,
PER PLA T I
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A
1
BLOCK A
I01I I
LOT 2
I
t
I
(r.4 ACRES) ••
11 I
S L 0. C k A
(1.04 ACRES)
m�
I 'C)
r
LiJ
CHRISTOPHER G. SECARO &
1
I
I
cq
GRICELnA C. sECARD
z '
DOC. NO. 2009028465
O.P.R.W.C.T.
I
PER PLATT
— (APPROX. 1 0�:.
P R PIAT
I I I
I
I
I
I STA. 107+14.411
4,774 SO. CFT.
P.O.B.
I
I
' 60.00' LT I
STA. 1019;-14.35
60.00' L i
I
i
. „ I,
r PROP' SED R.O.W, I 563'05'50"E
1
0 20 40
1" = 40'
1
See Detail
.41
z
E)
x
w
1 o' P. U. E.
PER PLA
N2fi 55 13 E 199.95 S26'48'24"W
24.07' . j _ _� 23.68'
.s4 IV OutDNGI LINE — — —(CAR. E. SLD. 361) S
It
I i
N63'12 33 W 200.00. ExISTING R.O.W.
(N63'23'W 200.00')
NORTHWEST BL VD.
(VARIABLE WIDTH ROW)
PROPOSED NORTHWEST BOULEVrIr�[ �ASELINE - - - -I _ -
107+00 108+00 109+00
id
IML 01/04/16
INLAND PARCEL 9
GEODETICS
PROFESSIONAL LAND SURVEYORS 0. 1 10 ACRES
1 504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681 4,774 SQUARE FEET
PH. (512) 238-1200, FAX (512) 238-1251
19 FIRM REGISTRATION NO. 100591 -00 PAGE 3 OF 4
LEGEND PLAT TO ACCOMPANY
■ TXDOT TYPE I CONCRETE MONUMENT FND
O IRON
ROD SET W/ ALUMINUM
CAP
STAMPED "COG—ROW"
O 1/2"
IRON PIPE FOUND
OO IRON
ROD WITH CAP FOUND
• 1 /2"
IRON ROD FOUND
UNLESS
NOTED
CALCULATED POINT
PROPERTY LINE
D. R. W. C. T. DEED RECORDS WILLIAMSON
COUNTY, TEXAS
P. R. W. C. T. PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
O. R. W. C. T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
O. P. R. W. C.
T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.U.E.
PUBLIC UTILITY EASEMENT
( )
RECORD INFORMATION
®
WATER VALVE
®
GAS METER
2Z
POWER POLE
—oE—
OVERHEAD UTILITY
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.
150071190, ISSUED BY SEWART TITLE INSURANCE COMPANY, EFFECTIVE DATE DECEMBER 11, 2015, ISSUE DATE
DECEMBER 21, 2015.
1. RESTRICTIVE COVENANTS: BUILDING SETBACK LINES AS SHOWN ON PLAT RECORDED IN CABINET E, SLIDE 361, PLAT
RECORDS, SUBJECT TO.
10A. 10' PUBLIC UTILITY EASEMENT ALONG THE MOST EASTERLY AND WESTERLY LOT LINES, 5' PUBLIC UTILITY
EASEMENT ALONG NORTHERLY LOT LINE AND 20' PUBLIC UTILITY EASEMENT THROUGH LOT AS SHOWN ON PLAT
RECORDED IN CABINET E, SLIDE 361, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
B. RESERVATION BY GRANTOR TO LEE NORTON BAIN, TRUSTEE OF THE RIGHT TO CONNECT A WATER LINE TO THE
WATER LINE INSTALLED ON SAID PROPERTY BY THE GRANTEE, HIS SUCCESSORS OR ASSIGNS, RECORDED IN VOL 939,
PG. 805, DEED RECORDS WILLIAMSON COUNTY, TEXAS, SUBJECT T0,
C. AVIGATION EASEMENT AS SET OUT ON PLAT RECORDED IN CABINET E, SLIDE 361, PLAT RECORDS WILLIAMSON
COUNTY, TEXAS, SUBJECT TO.
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.
6
M. STEPHEN T UESDALE DATE
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
FPROFE
LA N Du
ODETICS
SIONAL LAND SURVEYORS
ISHOLM TRAIL RD. STE. 103
UND ROCK, TX.78681
238-1200, FAX (512) 238-1251
1 FIRM RECISTRATION NO. 100591 00 1
ACQUISITION 0.110 4,774
CALC/DEED AREA 1.04 45,302
REMAINDER AREA 0.930 40,528
01/04/16
PARCEL 9
0.1 10 ACRES
4,774 SQUARE FEET
PAGE 4 OF 4
