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Home My WebLink AboutRES 102301-ORESOLUTION NO. i ' • i i ♦ i i i • i• r • i' • : "i •` 4 i i' i i - • i i . i y • • 11 i . i • • 4 i .. • i • . . � , i , i WHEREAS, the City Council of the City of Georgetown, Texas has been shown that the traffic conditions and volume on Country Club Road at its intersection with RM. 2338, also known as Williams Drive, has changed; and WHEREAS, the City Council of the City of Georgetown, Texas has also been shown that such traffic changes necessitate the widening of Country Club Road at its intersection with Williams Drive; and WHEREAS, the City Council of the City of Georgetown desires to widen Country Club Road at its intersection with Williams Drive and expend public funds for this project (the "Project "); and WHEREAS, the City Council of the City of Georgetown, Texas, has been further shown that there is a public necessity for the welfare of the City of Georgetown and the public at large, to acquire certain real property for public improvements including streets, drainage and utility improvements, as well as other associated municipal purposes for use as a part of the Project; and WHEREAS, in accordance with the above, the City Council of the City of Georgetown, Texas, hereby finds that it is in the public interest to acquire fee simple title to certain real property by negotiation and /or condemnation, for the Project; and WHEREAS, the real property to be acquired for the Project includes 0.538 acres of land out of the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference (hereinafter referred to as the "Property "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Country Club Road Widening Project - Public Necessity Resolution No. d �* Page 1 of 3 SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the Transportation Plan Element of the Century Plan - Policy Plan Element, which states: "Citizens and commercial goods move safely and efficiently throughout all parts of the City' and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. It is hereby officially declared that there is a public necessity for, and the public health, safety, welfare and convenience will be served by the widening of Country Club Road at its intersection with Williams Drive. The expenditure of public funds for the Project is hereby authorized and approved. SECTION 3. It is also hereby officially declared that there is a public necessity for, and the public health, safety, welfare and convenience will be served by, the acquisition of the Property described on Exhibit "A" attached to this resolution and incorporated herein for all purposes, and it is the City of Georgetown's intent to acquire the unencumbered fee simple title to the Property for the purpose of locating, constructing, operating, reconstructing, improving, repairing and maintaining public improvements involving street, drainage and/or utility improvements as part of the Project. SECTION 4. The City staff is hereby authorized to employ all necessary (1) surveyors to survey the Property; (2) appraisers to appraise the Property, (3) title companies to obtain title information on the Property; and (4) any other professionals or other persons and/or firms necessary for the acquisition of the Property. The prior actions and efforts of City officials to employ professional appraisers to appraise the Property, to employ professional surveyors to survey the Property, to employ title companies to obtain title information on the Property, as well as negotiate the purchase of the necessary rights for the Property for use as part of the Project, in accordance with the City Council's determinations made at its January 18, 2000 meeting are hereby ratified and confirmed. SECTION 5. The City Manager is hereby authorized on behalf of the City to attempt to agree on the compensation and damages, if any, to be paid to owners of the Property. If the City Manager determines that an agreement as to compensation and damages cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed and handle, through final judgment, proceedings in condemnation against the owners of and other interested parties that have a claim to the Property to acquire the fee simple title to the Property. Country Club Road Widening Project — Public Necessity Resolution No. 102 .3 01 - 0 Page 2 of 3 SECTION 6. It is the intent of the City Council that this Resolution authorize the condemnation of the Property, if necessary, to be used for the municipal purposes described in Section 3. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new City Council resolution authorizing the condemnation of the corrected or revised properties. SECTION 7. Should any section/part/paragraph/word of this resolution, for any reason, be held illegal, inoperative, or invalid, or if any exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder of this Resolution shall, nevertheless, stand effective and valid as if it had been enacted without the portion held to be unconstitutional or invalid or ineffective. SECTION 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by Chapter 552 of the Texas Government Code. SECTION 9. This resolution shall be effective immediately upon adoption. -1 e RESOLVED this 1-14 day of d11Cf-?Kz--be-r 2001. ATTEST: CITY OF GEORGETOWN '7 fl�l I Sandra D. Lee, City Secretary � MaryEllen Kersch, Mayor City Attorney Country Club Road Widening Project — Public Necessity Resolution No. /0 23 01— 0 Page 3 of 3 EX141BIT N } N 0.538 ACRES Page ---! FN NO 410 LABENSKI TO CITY OF GEORGETOWN JUNE 29, 1999 COUNTRY CLUB ROAD JOB NO. 181 -02.01 DESCRIPTION OF A 0.538 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE NICHOLAS PORTER SURVEY NO. 497, SITUATED IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT TRACT DESCRIBED AS 0.538 ACRES CONVEYED TO J.C. LABENSKI BY THAT SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 9908646 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; THE SAID 0.538 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod in the existing southerly right -of -way line of Country Club Road, a public roadway (right -of -way varies), found for the most northerly, northwest corner of the said 0.538 acre tract conveyed to J.C. Labenski, and being the northwest corner of the tract described herein; same being the northeasterly corner of that tract conveyed to Georgetown 4B, Inc., by deed recorded as Document No. 9706624 of the said Official Records; THENCE, along the north line of the said 0.538 acre J.C. Labenski tract, same being the southerly line of said Country Club Road, the following two (2) courses and distances: 1) N75 °39'57 "E, a distance of 49.95 feet to a 1/2 inch iron rod found for an angle point hereof; 2) N62 °47'24 "E, a distance of 155.97 feet to a calculated point for the northeast corner of the said 0.538 acre J.C. Labenski tract, same being the most northerly, northwest corner of that tract described as 1.639 acres conveyed to Patricia Spencer Labenski by Special Warranty Deed recorded as Document No. 9906964 of the said Official Records; THENCE, leaving the said south line of Country Club Road, going along the common line between the said 0.538 acre tract conveyed to J.C. Labenski, and that 1.639 acre tract conveyed to Patricia Spencer Labenski the following four (4) courses and distances: 1) S31 °29'04 "E, a distance of 87.79 feet to a 1/2 inch iron rod found for the southeast corner of the said 0.538 acre tract and the tract described herein, same being an interior ell corner of the said 1.639 acre tract; 2) S58 °31'50 "W, a distance of 124.26 feet to a 1/2 inch iron rod found for an angle point hereof; 3) S58 °33'07 "W, a distance of 83.00 feet to a 1/2 inch iron rod found for an angle point hereof; 4) S58 °23'28 "W, a distance of 56.02 feet to a 1/2 inch iron rod found for the most southerly, southwest corner of the said 0.538 acre J.C. Labenski tract and the tract described herein; same being the most westerly, northwest corner of the said 1.639 acre Patricia Spencer Labenski tract and a point of intersection with the northeasterly line of that tract described as Parcel "B" as conveyed to the Texas Parks And Recreation Foundation by deed recorded as Document No. 9659297 of the said Official Records; from which point, a 1/2 inch iron rod found for the southwest corner of the said 1.639 acre Patricia Spencer Labenski tract bears S37 °03'22 "E, a distance of 89.27 feet; THENCE, N37 °03'58 "W, along the common line between the said 0.538 acre J.C. Labenski tract and the said Texas Parks And Recreation Foundation Parcel "B ", a distance of 31.81 feet to a 1/2 inch iron rod found for an angle point in the said common line; THENCE, N23 °36'04 "E, continuing along the said common line, passing at a distance of approximately 4.82 feet, the most northerly, northeast corner of the said Texas Parks And Recreation Foundation Parcel "B ", same being an angle point in the easterly line of the above mentioned tract conveyed to Georgetown 413, Inc., continuing along the common line between the said 0.538 acre J.C. Labenski tract, and the said Georgetown 413, Inc., tract, a total distance of 48.53 feet to a 1/2 inch iron rod found for an angle point in said common line; EXHIBIT A. FN -410 Page __s ---Of 3 0.538 Acre Page Two THENCE, N08 °2542 "W, continuing along the common line between the said 0.538 acre J.C. Labenski tract, and the said Georgetown 413, Inc., tract, a distance of 59.50 feet to the POINT OF BEGINNING, containing 0.538 acre of land area, more or less, within these metes and bounds. STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § COUNTY OF TRAVIS § THAT I, LG R. SAVORY, A REGIS'T'ERED 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 AUSTIN, TRAVIS COUNTY, TEXAS THIS 30TH DAY OF JUNE, 1999 A.D. LYWIC SAVORY, R.P:L.S. 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