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HomeMy WebLinkAboutRES 011414-R - PCN Southwest BypassRESOLUTION 11011111 -- i OF THE CITY OF i WN FINDING PUBLIC CONVENIENCE ), i' AUTHORIZING DOMAIN PROCEEDINGS, NECESSARY, i ACQUISITION OF i EFFECTUATE CERTAIN i INFRASTRUCTURE . ,i 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 20.942 acres ( "the Property "), more or less, and 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 public use of construction, reconstruction, improvement, operation, use, maintenance and extension of public road and drainage 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 WHEEAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of the City lay out the Project and acquire the necessary right -of -way upon, over, under and across the Property for the public use of construction, reconstruction, operation, and maintenance of public road and drainage infrastructure improvements and appurtenances thereto, and for the use of any excavated materials from the Property for use in construction of roadway and drainage infrastructure improvements; 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 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 requires the acquisition of right -of -way in fee simple for the construction, reconstruction, improvement, operation, use, maintenance and extension Resolution No. ( H I L I - Date: J i. N . 1H, a01 Guy/Knight PCN -ED Resolution (Southwest Bypass Project) Page 1 of 3 of permanent road and drainage improvements and appurtenances thereto on, over, under and across the real property described in 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. 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 right -of -way, and the construction of the public road and drainage infrastructure improvements, and appurtenances thereto; Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the right -of- way, 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 g. 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. Resolution No. 0 1 f H ] LJ °Imo. Date:_,,. . IL4 , aO JH Guy/Knight PCN -ED Resolution (Southwest Bypass Project) Page 2 of 3 4. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 5. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of Georgetown this J�4 day of 2014. ATTEST: Jes V E. Brettl , ity Secretary f c Bridget Chapman, City ttorney THE CITY OF GEORGETOWN: By:" Georg G. Garver, Mayor Resolution No. a I I, y ( � - Date: ) K) . l" , aom Guy/Knight PCN -ED Resolution (Southwest Bypass Project) Page 3 of 3 EXHIBIT METES AND BOUNDS DESCRIPTION FOR A 20.942 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, WILLIAMSON COUNTY, TEXAS, BEING A PART OF A 457 ACRE TRACT OF LAND DESCRIBED IN VOLUME 345, PAGE 460, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND CONVEYED TO MONNAJENE G. KNIGHT, TRUSTEE OF THE LOREN2A G. KNIGHT AND MONNAJENE G. KNIGHT REVOCABLE LIVING TRUST, AS RECORDED IN DOCUMENT 20090749$4, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 20.942 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 40D nail found monumenting an angle point in the northerly boundary line of said 457 -acre Knight tract, same being the most westerly southwest corner of a called 412 acre tract of land described in Volume 422, Page 84, Deed Records of Williamson County, Texas, conveyed to Iva Wolf McLachlan, et al known as Tract Two, Parcel One as recorded in Document No. 2009090677, Official Public Records of Williamson County, Texas; THENCE N70 004'14 "E, with said northerly boundary line of the 457 - acre Knight tract, same being with the southerly boundary line of said 412 -acre Iva Wolf - McLachlan, et al tract for a distance of 1209.30 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying ", monumenting the northwest corner and POINT OF BEGINNING hereof; THENCE with the common boundary line of said 457 -acre Knight tract and said 412 -acre Iva Wolf- McLachlan, et al tract, N70 °04114 "E for a distance of 530.92 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying ", monumenting the northeast corner hereof, from which a 40D nail found on an angle point in said northerly boundary line of the 457 -acre Knight tract, same being on an angle point in said southerly boundary line of said 412 -acre Iva Wolf - McLachlan, et al tract, bears N70 004114 "E for a distance of 721.98 feet; THENCE through the interior of said 457 -acre Knight tract the following three (3) courses and distances; 1) S19"22112"E for a distance of 1415.61 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 2) S08*2915311W for a distance of 116.52 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 3) 522*22,50-E passing at a distance of 695.391 a 1/2" iron rod set with aluminum cap marked "Diamond Surveying" near the north top bank of the South San Gabriel River, continuing for a total distance of 745.39 feet to a calculated point in the centerline of said South San Gabriel River, same being on a point in the southerly boundary line of said 457-acre Knight tract, same being on a point in the northerly boundary line of a called 25.75 acre tract of land described in Volume 1238, Page 445, Official Records of Williamson County, Texas, conveyed to A.C. Weir Properties, LTD as recorded in Document 2005090431, Official Public Records of Williamson County, Texas, for the southeast corner hereof; THENCE with the centerline of said South San Gabriel River, same being with the common boundary line of said 457-acre Knight tract and said 25.75-acre Weir tract the following four (4) courses and distances: 1) S69*23128"W for a distance of 55.22 feet to a calculated point hereof; 2) S74*48'28""W for a distance of 98.32 feet to a calculated point hereof; 3) 363*03147"W for a distance of 52.45 feet to a calculated point hereof; 4) S57*40119"W for a distance of 35.81 feet to a calculated point being on the northwest corner of said 25.75-acre 2 Weir tract, same being on an angle point in the northerly boundary line of a called 1048.20-acre tract of land described in Volume 522, Page 451, Deed Records of Williamson County, Texas and conveyed to A.C. Weir Properties, LTD., as recorded in Document No. 2005090431, Official Public Records of Williamson County, Texas; THENCE with the centerline of said South San Gabriel River, same being with the common boundary line of said 457—acre Knight tract and said 1048.20-acre Weir tract, 557*40119"W for a distance of 29.48 feet to a calculated point for the southwest corner hereof; THENCE departing the centerline of said South San Gabriel River, through the interior of said 457-acre Knight tract the following five (5) courses and distances: 1) N2202215011W passing at a distance of 80.00 feet a 1/21' iron rod set with aluminum cap marked "Diamond Surveying near the north top bank of said South San Gabriel River, continuing for a total distance of 764.12 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 2) N59*56145"W for a distance of 126.16 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 3) N25*42113"W for a distance of 858.10 feet to a 1/2" iron rod set with aluminum cap marked '*'Diamond Surveying", monumenting an angle point hereof; 4) N22*22150"W for a distance of 559.03 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning of a curve to the right hereof; 3 5) with said curve to the right, having a delta angle of 0*04132", an arc length of 3.40 feet, a radius of 2584.00 feet, and a chord which bears K27*1912811W for a distance of 3.40 feet to the FO1W OF BEGINNING hereof and containing 20.942 acres of land more or less. (BEARING BASIS: NAD-83(1993), TEXAS CENTRAL (4203), STATE PLANE SYSTEM for this description] A sketch of survey has been prepared to accompany this metes and bounds description. September 13, 2011 SHAVE SHAFER, R.P.L.S. NO. 5281 DATE In .......... ..:� ........... SHANE SHAFER 5281 81 , -* 4Z- -3 U SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 20.942 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, WILLIAMSON COUNTY. TEXAS. BEING A PART OF THE 457 ACRE TRACT OF LAND DESCRIBED IN VOLUME 345, PAGE 460, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND CONVEYED TO MONNAJENE G. KNIGHT, TRUSTEE OF THE LORENZA G, KNIGHT AND MONNAJENE G. KNIGHT REVOCABLE LIVING TRUST AS RECORDED IN DOCUMENT 2009074984, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS. di WARNING GASS WITNESS POST GRAVEL ROAD MONNAJENE G. KNIGHT, TRUSTEE (DOC. 2009074984) Tp 457 ACRES (VOL 345, PG. 460) Na -x— 't N SEMINOLE x- CENTERLINE OF THE SOUTH SAN GABRIEL RIVER SCALE-- 1"= 200' LINE DATA Course Bearing Distance LI S 6W23'28" W 55.22' L2 S 74'48 2 W 98.32' L3 S 63`03 47 W 52.45' L4 S 57*4019" W— 65.29' L5 N 59"56 45 W 126.16' I L6 I S 0&29'gr W 116.52 ' F--L7--1 S 57*40`19- W 35.81' 1 L8 I S 5-740"19- W 29.48' MONNAJENE G. KNIGHT, TRUSTEE (DOC. 2009074984) 457 ACRES (VOL 345. PG. 460) SEMINOLE PIPELINE COMPANY 50' WIDE EASEMENT VOL 849, PG. 167 & VOL 2183. PG. 74 WARNING GAS WITNESS POST 20' UTILITY ACCESS ESMT. (4.870 ACRES) dg CITY OF GEORGETOWN fi (DOC. 2008085854) A.C. WEIR PROPER= 0D (DOC. 200509"JI) 25.75 AC. (VOL. I= PG . 445) By \ xtv. % KNIGHT TRACT SHEET I OF 3 ---kC. WEIR PROPERRES, 0V < > DIAMOND SURVEYING, INC. (DOC. 2000904JI) n6 SKYLINE ROAD, GEORGETOWN, TEXAS 78628 1048.20 AC. (VOL5. 522, PG. 451) rclg)0'21-01�, SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 20.942 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY. ABSTRACT NO. 608, WILLIAMSON COUNTY, TEXAS. BEING A PART OF THE 457 ACRE TRACT OF LAND DESCRIBED IN VOLUME 345, PAGE 460, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND CONVEYED TO MONNAJENE G. KNIGHT, TRUSTEE OF THE LORENZA G. KNIGHT AND MONNAJENE G. KNIGHT REVOCABLE LIVING TRUST AS RECORDED IN DOCUMENT 2009074984, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. . vni, yr COMMENCEMENT It a r MONNAJENE G. KNIGHT. TRUSTEE (DOC. 2009074984) 457 ACRES (VOL 345. PG. 460) t=` oil U MARY MONUMENT FOUND 4 2 1R0N ROo UNLESS OTHERWISE NOTED) 0 1/2 IRON „ROD SET WRH CAP MARKED DA OND SIJRiiEYING" 40D NAIL FOUND CALCULATED POINT —— WIRE FENCE --i DISTANCE NOT SHOWN TO SCALE VVV�X 7- �1 CA of APP 1 ®k CURVE DATA Curvel Radius I Length I Delta I Chord I Chord Bearinq i4 MONNAJENE G. KNIGHT, TRUSTEE 457 ACRES (VOL 345. PG. 460) N KNIGHT TRACT < > DIAMOND SURVEYING, INC. U6 SKYLINE ROAD, GEORMOWN, TEXAS 78628 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 20.942 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, WILLIAMSON COUNTY, TEXAS. BEING A PART OF THE 457 ACRE TRACT OF LAND DESCRIBED IN VOLUME 345, PAGE 460, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND CONVEYED TO MONNAJENE G. KNIGHT, TRUSTEE OF THE LORENZA G. KNIGHT AND MONNAJENE G. KNIGHT REVOCABLE LIVING TRUST AS RECORDED IN DOCUMENT 2009074984, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. GENERAL NOTES: 1. Bearing Basis: NAD -83 (1993), Texas Central (4203), Texas State Plane Coordinate System. Distances shown hereon are surface. 2. All Documents listed hereon are Recorded in the Office of the County Clerk of Williamson County, Texas. TITLE COMMITMENT NOTES The Surveyor has reviewed Commitment for Title Insurance GF No. 110066067 P issued by Stewart Title Guaranty Company, Issue date July 6, 2011, with regard to any record easements, right of way or setbacks affecting the subject property. 11) Easement granted to Texas Power and Light Company as recorded in Volume 239, Page 56, does not affect the Subject Tract. 12) Right of way easement granted to Texas Power & Light Company as recorded in Volume 280, Page 541, does not affect the Subject Tract. 13) Easement granted to Georgetown Development Corporation as recorded in Volume 474, Page 220, does not affect the Subject Tract. 14) Agreement granted to Southwest Materials, Inc. as recorded in Volume 562, Page 265, may affect the Subject Tract. Said agreement is a blanket type agreement. 15) Agreement granted to Southwest Materials, Inc. as recorded in Volume 778, Page 293, does not affect the Subject Tract. 16) Agreement granted to Southwest Materials, Inc. as recorded in Volume 782, Page 119, does not affect the Subject Tract. 17) Easement granted to Seminole Pipeline Company as recorded in Volume 849, Page 167, does affect the Subject Tract as shown. And supplemental pipeline right -of -way agreement granted to Seminole Pipeline Company as recorded in Volume 2163, Page 74, does affect the Subject Tract as shown. 19) Wastewater easement granted to the City of Georgetown as recorded in Document No. 20070481917 and corrected in Document No. 2007088686, said easement does not affect the Subject Tract. 20) Temporary access and construction easement granted to Water Oak as recorded in Document No. 2007048918 and corrected in Document No. 2007088685, said easement does not affect the Subject Tract. 21) Temporary access and construction easement granted to Water Oak as recorded in Document No. 2008005724, does not affect the Subject Tract. 22) 20' utility access easement granted to the City of Georgetown as recorded in Document No. 2008085854, does affect the Subject Tract as shown. 18) Valve and scrapper trap easement granted to Seminole i Pipeline Company as recorded in Volume 2163, Page 76, does affect the Subject TrocL CERTIFICATION TO: CITY OF GEORGETOWN AND STEWART TITLE GUARANTY COMPANY EXCLUSIVELY. THE UNDERSIGNED CERTIFIES THAT THIS SURVEY WAS THIS DAY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND OF THE REAL PROPERTY SHOWN ON THE SURVEY, AND AFTER THE EXERCISE OF PROFESSIONAL DILIGENCE AND REASONABLE CARE THAT THIS SURVEY IS CORRECT TO THE BEST OF THE UNDERSIGNED'S KNOWLEDGE AND BELIEF; THAT THERE ARE NO VISIBLE DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, OR BOUNDARY CONFLICTS OR VISIBLE ENCROACHMENTS, PROTRUSIONS OR OVERLAPPING OF IMPROVEMENTS, EXCEPT AS SHOWN HEREON; AND THAT THE PROPERTY HAS ACCESS TO AND FROM A DEDICATED, ROADWAY, EXCEPT AS SHOWN HEREON. 4 F SHANE SHAPER ........... 5281..... . .SU CV /L01n t ---1�l / September 13, 20111 i 17XA.M ©ND SURVEYING, INC. SHANE SHAPER, .P.L.S. N©. 5281 DATE u6 KMNE ROAD, GEORGETGWN, TEXAS 78628