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Home My WebLink AboutRES 081225-6.A - Acquisition of New ROW Williams Dr at Booty's CrossingRESOLUTION NO. Q;?f 1 g -6 .)- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, FINDING PUBLIC CONVENIENCE AND NECESSITY FOR THE WILLIAMS DRIVE AT BOOTY'S CROSSING ROAD EXPANANSION AND INTERSECTION IMPROVEMENT PROJECT; AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR THE ACQUISITION OF REAL PROPERTY RIGHTS NECESSARY FOR THE PROJECT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to facilitate the safe and efficient movement of people and goods within Georgetown, Texas, to control the flow of stormwater within its jurisdiction, to preserve the financial investment of the public in its roadway infrastructure, and to protect the safety of the public, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires the acquisition of fee simple interest to, or any lesser real property interest in, all or a portion of the following properties (collectively, the "Property") for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, extending, and operating Williams Drive at Booty's Crossing Road intersection, in Williamson County, Texas, including any drainage improvements necessary therefore: 0.0463 Acre, situated in the David Wright Survey, Abstract 13, Williamson County, Texas, being a portion of Lot 1A, Resubdivison of San Gabriel Estates Lots 1, 2, 3, 23 & 24, an addition within the City of Georgetown, Williamson County, Texas, according to the plat of record in Cabinet V, Slide 132-133, Plat Records of Williamson County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, as provided for in Sections 251.001 and 273.001 of the Texas Local Government Code, the City finds and determines that the Property is necessary or convenient for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, extending, and operating the hereinafter described Project in Williamson County, Texas, including roadway improvements, drainage improvements, utility improvements, public utility infrastructure improvements, and/or other public uses and purposes related thereto as permitted by law (hereinafter the "Project"), and it is necessary to acquire fee simple rights in the Property or a portion thereof. The City fords and determines that condemnation of the Property, or a portion thereof, may be required. 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 roadway and drainage infrastructure improvements, and appurtenances thereto, and for the use of any excavated materials from the Property for use in construction of such infrastructure improvements; Resolution No. Date adopted: Q PCN; ROW; PRJO 277, Intersection at Page 1 of 3 Williams Dr. and Booty's Crossing Rd. WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title companies, architects, or other persons or companies to effect the 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 is 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, Texas: That in order to promote the public health, safety, and welfare, public convenience and necessity requires the acquisition of fee simple title to the real property described hereinabove for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, extending, and operating the Project in Williamson County, Texas, including roadway and drainage improvements, 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; 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 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 rights being acquired, and to conduct tests; d. Negotiate with the owner(s) of any such properties for the purchase thereof, To purchase any necessary fee simple 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 Resolution No. 1 .` Date adopted: Z0Z5 Page 2 of 3 PCN; ROW; PRJ000277, Intersection at Williams Dr. and Booty's Crossing Rd. 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. 3. 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. 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. 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 determined necessary, save and except oil, gas, and sulfur, as provided by law. 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. RESOLVED by the City Council of the City of Georgetown this lei ay of , 2025. ATTEST: THE CITY Oi/6aRGETOWN: By: IBy: Robyn De ore, CitySecretary� J s Scer er, Mayor APPROVED AS TO FORM: - �6� - Skye Masson, My Attorney Resolution No._C/%12Z, —(o • A Page 3 of 3 WILLIAMS DRIVE INTERSECTION IMPROVEMENTS Exhibit "A" 1 ROBERT WATERMAN, TRUSTEE OF THE ROBERT WATERMAN LIVING TRUST AGREEMENT AND UTE WATERMANTRU.STREE OF THE UTE WATERMAN LIVING TRUSTAGREEMENT RIGHT OF W4YPARCEL FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. October 04, 2024 Surveyor's Field Notes for: 0.0463 Acre, situated in the David Wright Survey, Abstract 13, Williamson County, Texas, being a portion of Lot 1A, Resubdivison of San Gabriel Estates Lots 1, 2, 3, 23 & 24, an addition within the City of Georgetown, Williamson County, Texas, according to the plat of record in Cabinet V, Slide 132-133, Plat Records of Williamson County, Texas, and being more particularly described as follows: COMMENCING at a '/" metal pipe found at an interior corner of said Lot 1A, being the northeast corner of Lot 2, Block A, Arriended Plat of Lots 2&3 San Gabriel Center Phase Two, Lot 1, San Gabriel Center Phase Three, and Lots 1 and 2, San Gabriel Center Phase Four, of record in Cabinet FF. Slide 168, of said plat records; THENCE, in a southerly direction, with an east line of said Lot 2, same being a west line of said Lot 1A, S 06°11'23" W, 146.94 feet, to a 5/8" iron rod with cap stamped "ACS" set, for the Point of Beginning and the northwest corner of this tract of land, THENCE, in an easterly direction, over and across said Lot 1A, the following courses and distances: 1. S 83039'36" E., 53.33 feet, to a to a 5/8" iron rod with cap stamped "ACS" set at the beginning of a curve to the left; 2. With said curve to the left, an arc distance of 70.33 feet, a radius of 276.97 feet, a delta angle of 14032'54", and a long chord which bears N 88035'12" E., 70.14 feet, to a 5/8" iron rod with cap stamped "ACS" set; 3. N 85°25'46" E., 14.07 feet, to a 5/8" iron rod with cap stamped "ACS" set at the beginning of a curve to the left; 4. With said curve to the left, an arc distance of 187.61 feet, a radius of 395.80 feet, a delta angle of 27009'30", and a long chord which bears N 65°13'32" E., 185.86 feet, to a 5/8" iron rod with cap stamped "ACS" set; 5. N 51°31'32" E., 44.89 feet, to a 5/8" iron rod with cap stamped "ACS" set, on the southern line of said Lot 1A, same being the northern line of Booty's Crossing, for the northeast corner of this tract of land; THENCE, in a southerly direction, with the southern line of said Lot 1A. same being the northern line of said Booty's Crossing, S 07025'34" W., 9.60 feet, (Plat S 07'23'52" W, 37 70 feet), to a 5/8" iron rod with cap stamped "ACS" set at the most southerly southeast corner of said Lot 1A, being the northern line of said Booty's Crossing, for the southeast corner of this tract of land; WILLIAMS DRIVEINTERSECTION TION IM/1ROVL'A4EA,1.y 2 RO[3f'RT IVATERNIAN. TRUSTF,E OI•' TI-I,F' ROBIf .'R[' 1vA"1'F_RA9AN L!b'ING 7711_IST AGREEMENT AND UTE WA7-1,RMAN '['RU.STREE OF THE UTE 1T�ATI;RMAN /.Ii,ING TR(ISTAGREEA4ENT RIGHT OF W/I )' P.4RCEI, THENCE, in a westerly direction, with the northern line of said Booty's Crossing, same being the southern line of said Lot 1A, the following courses and distances: 1. S 52°02'25" W., 52.33 feet, (Plat S 52000'43" W., 52.33 feet), to an "X" in concrete found at the beginning of a curve to the right; 2. With said curve to the right, an arc distance of 261.99 feet, (Plat Arc = 262.00 feet), a radius of 340.00 feet, a delta angle of 44°0910011, and a long chord which bears S 74°06'56" W., 255.56 feet, to a '/z" iron rod with cap stamped "CARSON & BUSH" found; 3. N 83°39'55" W., 53.39 feet, (Plat N 83050'14" W. 53.46 feet), to a 4" brass disk monument found at the southwest corner of said Lot 1A, same being the southeast corner of said Lot 2, for the southwest corner of this tract of land; THENCE, in a northerly direction, with an east line of said Lot 2, same being a west line of said Lot 1A, N 06011'23" E., 3.00 feet, (Plat N 06°0946" E., 150.00 feet), to the Point of Beginning and containing 0.0436 acre of land. Bearings cited hereon are based upon the Texas State Plane Coordinate System, Central Zone, NAD 83, as per GPS observations. This metes and bounds description is to accompany a Surveyor's Sketch of the herein described 0.0463 acre tract. This document is not valid for any purpose unless signed and sealed by a Registered Professional Land Surveyor. Surveyed October 04, 2024 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT TX. Firm Lic. No. 10023600 server/projects/pro190000/191200/191270/191270.2 doc CHARLES C. 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