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Home My WebLink AboutRES 072611-H - Railroad PCN-EDRESOLUTION NO. 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 INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby finds that public convenience and necessity require acquisition in fee simple of that certain tract of land totaling 0.776 acres ("the Property"), more or less, and being described with particularity by metes and bounds, as well as an accompanying sketch, in the attached Exhibit "A", which exhibit is incorporated herein by reference as if fully set out, for the purpose of construction, reconstruction, improvement, operation, use, maintenance and extension of public road infrastructure improvements and appurtenances thereto (the "Project"), and further for the use of any and all excavated materials from the Property for the City's use during the Project; and WHERE; AS, 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 and the Project; and WHEREAS, in order to acquire the Property, it will be or has been necessary for the City's agents, representatives or employees to enter upon the Property for the purpose of surveying and establishing said land titles and to determine adequate compensation for said land, 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 each of the parcels to be acquired for the Project; 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 require the construction, reconstruction, improvement, operation, maintenance and extension of permanent road improvements on, over, under and across the real property describedin the attached Exhibit "A." 2. That in order to promote the public health, safety, and welfare, public convenience and necessity further require the City's acquisition and use of any and all earthen materials excavated from the Property for purposes related to the Project including but not limited to roadway base, fill, retention wall construction, and all other purposes related to construction of the Project. Resolution No. 01 c2 (p I I Georgetown Railroad Co. PCN-ED Resolution (Southeast Arterial One Road Project) Page 1 of 3 3. That the City's agents, representatives, or employees 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, the establishment and acquisition of the required Property, and the construction of the public road infrastructure improvements, and appurtenances thereto; c. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the Property, and to conduct tests; d. Negotiate with the owners 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 right of way, all subject to express approval of the specific, negotiated terms by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for the necessary land title(s) for the Property in the event the owner(s) fail to accept a bona fide offer to purchase the Property; and Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 3. That all previous acts and proceedings done or initiated by the City's agents, representatives, or employees 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. 4. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. This resolution shall be effective immediately upon adoption. Resolution No. DIP} I Georgetown Railroad Co. PCN-ED Resolution (Southeast Arterial One Road Project) Page 2 of 3 RESOLVED by the City Council of the City of Georgetown this ' o s day of 2011. ATTEST: esica Brettle,'Ctity Secretary APPROVED AS TO FORM: Bridget Chapm n, Act Resolution No. DicPcj Georgetown Railroad Co. PCN-ED Resolution (Southeast Arterial One Road Project) Page 3 of 3 THE CITY OF GEORGETOWN: By: Geor_"G.' arver, Mayor PARCEL 1 PART 1 GF NO. 100065388 Page 1 of 3 y8F. EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0,776 ACRE (33,786 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM ADDISON SURVEY ABSTRACT NO. 21, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE SOUTHERLY REMNANT OF THAT 236.41 ACRE TRACT OF LAND CONVEYED TO GEORGETOWN RAILROAD COMPANY INC. BY INSTRUMENT RECORDED IN VOLUME 1638, PAGE 369, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.776 ACRE (33,786 SQUARE FOOT) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod set with aluminum cap stamped "COG -ROW" in the proposed southerly nght-of-way line of Southeast Arterial (S.E. Arterial), being the southerly boundary line of said southerly remnant of that 236.41 acre tract, same being in the northerly boundary line of that 168.15 acre tract of land conveyed to John S. Avery, Trustee, by instrument recorded in Document No. 2005031263, of the Official Public Records of Williamson County, Texas, and from which a 1/2" iron rod found along said common boundary line bears S 33'16'42" W at a distance of 1670.41 feet; THENCE, departing the northerly boundary line of said 168.15 acre tract, with the proposed southerly right-of-way line of S E Arterial and through the interior of said southerly remnant of that 236.41 acre tract, the following two (2) courses: 1) S 72°23'41" W for a distance of 233.94 feet to a 1/2" iron rod set with aluminum cap stamped "COG -ROW"; 2) N 16°39'44' W for a distance of 65.38 feet to a 1/2" iron rod set with aluminum cap stamped "COG -ROW", being in the existing southerly right-of-way line of Inner Loop (right-of-way width varies) same being the northerly boundary line of said southerly remnant of that 236.41 acre tract; 3) THENCE, with the existing southerly right-of-way line of Inner Loop, same being the northerly boundary line of said southerly remnant of that 236.41 acre tract, along a curve to the left, having a delta angle of 14°54'45", a radius of 1910.60 feet, an arc length of 497.28 feet, and a chord which bears N 56°37 01" E for a. distance of 495.87 feet to a calculated point, being in the existing westerly right-of-way line of Maple Street (right-of-way width varies) same being a 38.069 acre tract (Parcel 6) of land (formerly known as M.K.T. Railroad Company) conveyed to the City of Georgetown recorded in Volume 1970, Page 497, of the Official Records of Williamson, County, Texas, same being the most northerly northeast corner of the herein described tract, PARCEL 1 PART 1 GF NO. 100065388 Page 2 of 3 4) THENCE, departing the existing southerly right-of-way line of said Inner Loop, with the easterly boundary line of said southerly remnant of that 236.41 acre tract, same being the existing westerly right-of-way line of said Maple Street, S 28°08 57" E for a distance of 1 36 feet to a calculated point, being in the northerly boundary line of said 168.15 acre tract, same being in the westerly right-of-way line of Maple Street, being the southeasterly corner of said southerly remnant of that 236.41 acre tract, for the most easterly corner of the herein described tract, and from which a found 1/2" iron rod with aluminum cap inscribed "SDHTP Pt. No. 8233" and being in the westerly right-of-way line of said Maple Street, same being the most northerly corner of said 168.15 acre tract bears N 32°25'05" E at a distance of 57.41 feet; 5) THENCE, departing the existing westerly right-of-way line of said Maple Street, with the northerly boundary line of said 168.15 acre tract, same being the southerly boundary line of said southerly remnant of that 236.41 acre tract, S 33°16'42" W for a distance of 315.22 feet to the POINT OF BEGINNING, containing 0.776 acres (33,786 square feet) of land, more or Tess. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision WITNESS MY HAND AND SEAL at Round Rock, 'a on County, Texas. M. Stephen TrOOesdale Registered Professional Land Surveyor No, 4933 Licensed State Land Surveyor Inland Geodetics, L P. 1504 Chisholm Trail Road Suite 103 Round Rock TX 78681. 512-238-1200 Date EXHIB T PLAT TO ACCOMPANY DESCRIPTION NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD DIRECTION CHORD LENGTH CI 14°54145" N 56°37'01" E 1910.60' 497.28' 495.87' (C2) (23°22'38") (S 60°49'13' W) (1910.60') (779.54') (774.151) 50 SCA LINE TABLE NO. BEARING DISTANCE LI N 16°39'44" W 65.38' L2 N 32°25'05" E 57.41' (L2) (N 32°24'54" E) (57.411) pRS�a�p` Bps£` r�i 96"0c CITY OF GEORGETOWN (11072 AC.) DOC. NO. 2006081859 50 100 EI"=100'— -AILRO AD EASEMENT SAVE a EXCEPT EXHIBIT "A6 (3.38 AC.) DOC. N0. 9831232 O.R.W.C.T. ORGETOWN-RAILROAD COMPANY, INC (SOUTHERLY REMNANT OF) (236.41 AC.) VOL. /638, P. 369 NOTES: O.R.W.C.T. I) ALL BEARINGS ARE BASED ON GRID BEARINGS. 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 OF 1,00012 2) THE EASEMENTS SHOWN OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE LISTED IN SCHEDULE B OF THE TITLE COMMITMENT ISSUED BY STEWART TITLE GUARANTY COMPANY, GF NO. 100065388, EFFECTIVE DATE: AUGUST 24, 2010. 3) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN VOL. 239, PG. 61, MAY AFFECT THIS PROPERTY. (ITEM 12) 4) UNABLE TO LOCATE THE TEXAS POWER 'AND LIGHT EASEMENT AS DESCRIBED IN VOL. 239, PG. 114, MAY AFFECT THIS PROPERTY. (ITEM 13) 5) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN VOL. 239, PG. 52, MAY AFFECT THIS PROPERTY. (ITEM 14) 6) UNABLE TO LOCATE THE TEXAS POWER AND LIGHT EASEMENT AS DESCRIBED IN VOL. 343, PG. 328, MAY AFFECT THIS PROPERTY. (ITEM'S) 7) EASEMENT AS DESCRIBED IN VOL. 796, PG. 2U DOES NOT AFFECT THIS PROPERTY. (ITEM 16) 8) EASEMENT AS DESCRIBED IN DOC. NO. 9831232 IS AS SHOWN HEREON. (ITEM 17) STATE OF TEXAS COUNTY OF WILLIAMSON O9 ��FSI off. g8' 0 PART I 0.776 ACRES 33,786 SQ. FT. 4 2 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OE MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, TEXAS, M. S i EPH N'TIrUESDALE »r"' DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP 1504 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, TX 78681 INLAN ID GEODETICS PROFESSIONAL LAND SURVEYORS 504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, F.4X (512) 238-1251 CITY OF GEORGETOWN (FORMERLY M.K.T R.R.) PARCEL 6 (38.069 AC.) VOL. 1970, PG. 497 O.R.W.C.T. m ALUi (NUM DETAIL "A' NOT TO SCALE JOHN S. AVERY, TRUSTEE (168.15 AC.) DOC. NO. 2005031263 O.P.R.W.C.T. LEGEND • PL 1/2" IRON ROD END CALCULATED POINT IRON ROD FOUND CAPPED IRON ROD SET W/ COG -ROW ALUMINUM CAP UNLESS NOTED OTHERWISE TYPE I CONC MARKER END PROPERTY LINE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS RECORD INFORMATION PARCEL 1 PART 1 0 776 ACRES 33,786 SQUARE FEET PAGE 3