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HomeMy WebLinkAboutRES 071007-N - Eminent Domain VentureRESOLUTION NO. 07 t 0 07— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN PUBLIC UTILITY 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 requires acquisition of easements upon, over, under and/or across property described by metes and bounds in the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Property," for construction, reconstruction, improvement operation and maintenance and extension of public utility lines (the "Project"); and WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition of utility easements on the sites described by metes and bounds in the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Utility Easement(s)" in connection with the "Project"; and, WHEREAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of the City, lay out the utility lines and acquire the Utility Easements upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of utility lines, and appurtenances thereto; and, 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 Utility Easements, and the construction of utility lines, and appurtenances; WHEREAS, in order to acquire the Utility Easements, 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; Resolution No. 07 I ©O 7 Westinghouse Road Joint Venture PCN-ED Resolution Page 1 of 3 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 and maintenance and extension of water, wastewater, electric, or other public utility lines on the real property described by metes and bounds in the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are incorporated herein by reference as if fully set out. 2. That public convenience and necessity require the acquisition of easements upon, over, under and across the Property and other properties for the purposes of construction, reconstruction, improvement, operation, and maintenance and extension of water, wastewater, electric, or other public utility lines, and appurtenances thereto. 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 easements, and the construction of the utility lines, and appurtenances thereto; Enter upon any property necessary for the purpose of surveying and establishing the title to determine adequate compensation for the easements, and to conduct tests; d. Negotiate with the owners of any such properties for the purchase thereof; To purchase easement title to the Utility Nasement, and execute all documents necessary to acquire such easements, all subject to express approval of the specific, negotiated teiius by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for easement title for the Utility Easement in the event the owner(s) fail to accept a bona fide offer to purchase the Utility hasement(s); and g. Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. Resolution No. 0110 0'7 ast Westinghouse Road Joint Venture PCN-ED Resolution Page 2 of 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 and Utility Easement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. b. 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 /orm day of July, 2007. ATTEST: Sandra D Lee, City Secretary APPROVED AS TO FORM: /YCc Patricia E Carls, Brown & Carls, LLP City Attorney Resolution No. 7 l 0 0 7 Westinghouse Road Joint Venture PCN-hD Resolution Page 3 of 3 THE CITY OF GEORGETOWN: By: 0.243 ACRES LOT 2, PARK CENTRAL ONE SEC. TERAVISTA OFFSITE WATERLINE DESCRIPTION c�11. FN. NO. 07-056(MM) JANUARY 30, 2007 BPI JOB NO. 1149-62.923 OF A 0 243 ACRE TRACT OF LAND OUT OF THE J. PATTERSON SURVEY, ABSTRACT NO. 502, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, PARK CENTRAL ONE SECTION 1, A SUBDIVISION OF RECORD IN CABINET J, SLIDES 181-182 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0 243 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING, at a point in the easterly right-of-way line of County Road No. 116 (R.O.W. varies), being the westerly line of said Lot 2, from which a 1/2 inch iron rod found at the northeasterly right- of-way return of the intersection of County Road No. 116 and Westinghouse Road (County Road no. 111), being a point in the westerly line of said Lot 2 bears S21d10'00"E, a distance of 9.13 feet; THENCE, N21°10'00"W, along the easterly line of County Road No. 116, being a portion of the westerly line of said Lot 2, for the westerly line hereof, a distance of 28.29 feet to the northwesterly corner hereof; THENCE, leaving the easterly line of County Road No. 116, over and across said Lot 2, for the northerly line hereof, the following two (2) courses and distances: 1) S66°09'34"E, a distance of 17.89 feet to an angle point; 2) N67°44'00"E, a distance of 513.62 feet to a point in the westerly right-of-way line of Park Central Boulevard (70' R.O.W.), being the easterly line of said Lot 2, for the northeasterly corner hereof; THENCE, S22°16'00"E, along the westerly line of Park Central Boulevard, being a portion of the easterly line of said Lot 2, for the easterly line hereof, a distance of 20.00 feet to the southeasterly corner hereof, being an angle point in the irregular easterly line of that certain 0.417 acre Waterline Easement of record in Document No. 2000079334 of the Official Public Records of Williamson County, Texas; THENCE, S67°44'00"W, leaving the westerly line of Park Central Boulevard, over and across said Lot 2, along a portion of the irregular easterly line of said 0.417 acre Waterline Easement of record for a portion of the southerly line hereof, passing at a distance of 487.15 feet, an angle point in said irregular easterly line, and continuing across said 0.417 acre Waterline Easement for a total distance.of 522.14 feet to an angle point hereof; es. D71©©7 xhi "R" p FN NO. 07-056(MM) JANUARY 29, 2007 PAGE 2 OF 2 THENCE, N66°09134"W, continuing over and across said Lot 2, for a portion of the southerly line hereof, a distance of 6.39 feet to the POINT OF BEGINNING, containing an area of 0.243 acres (10,600 sq. ft.) of land, more or less within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATTON NETWORK. BURY+PARTNERS, INC. ENGINEERING SOLUTIONS 3345 BEE CAVE ROAD SUITE 200 AUSTIN, TEXAS 78746 07 JOHN Tf BILNOSKI, R.P. S NO. 498 STATE OF TEXAS E E N u7 0 N 0 50 100 150 200 1 "=100' LEGEND 1 /2" IRON ROD FOUND POINT OF BEGINNING POINT OF COMMENCEMENT LINE TABLE NO. BEARING DISTANCE L1 N21'10'00"W 28.29' L2 S66.09'34"E 17.89' L3 S22'16'DO"E 20.00' L4 N66.09'34"W 6.39' L5 S2110'00"E 9.13' EXHIBIT L DT •1 , PMK CENTRAL CiNE. Sr CT1ojN 1 CAsiNr r J, SUDES 1a1J132 0.417 AC. WATERLINE EASEMENT DOC. NO. 2000079334 LOT 2, PARK Cr N-NAL ONE SE CTIGN 1 CABJNlr• I J, SLJDE S 1 51 —1 32 0.417 AC. WATERLINE EASEMENT DOC. NO 2000079334 N67544'00"E 513.62' VICINITY MAP N.T.S. -j L4 I 487.15' ........... 5 0W522. N T. EILNOSK! 4I seH 4998 ‘4P`> 15' P.U.E. CABINET J, SLIDES - 181-182 30' WIDE TEMPORARY CONSTRUCTION EASEMENT COUNTY ROAD NO. 111 (WESTINGHOUSE RD.) (R.O.W. VAR ES) REMAINDER OF 110.649 AC, JNORMA S. STEELE, TRUSTEE DOC, \O. 1999086604 Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Cares Rand. Suite 200 Malin, Tan 78746 Tel. (512)328-00I1 Fax (512)328-0325 Burp+Partnen Inc. DCopyright 2007 DATE: 01 /29/07 1.058 AC, TOOL M N CORPORATION DOC, NO. 2005C 1491 2 0.250 AC. CHARLES RIC CI VE RDE. DOC. NO. 9820837 SKETCH TO ACCOMPANY DESCRIPTION 0.243 ACRES OUT OF THE J. PATTERSON SURVEY, ABSTRACT NO. 502, BEING A PORTION OF LOT 2, PARK CENTRAL ONE SECTION I, A SUBDIVISION OF RECORD IN CABINET J, SUDES 181-182 OF THE PLAT RECORDS OF WILUAMSON COUNTY, TEXAS SITUATED IN WIWAMSON COUNTY. TEXAS. FILE: H \1149\62\114962X14.dwg FN No.: FN07-056(MM) DRAWN BY: MM NEWLAND COMMUNITIES PROJ. No: 1149-62 . O 11007g-