HomeMy WebLinkAboutRES 930041-A - Need Fee Simple TitleRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS DE TE RMINING A PUBLIC NECESSITY FOR
ACQUIRING FEE SIMPLE TITLE TO .114 ACRE TRACT OF LAND
SITUATED IN TULA CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO.
5589 IN GEORGETOWN, WILLIAMSON COUNTY, TEXAS, FOR RIGHT-OF-
WAY, UTILITIES AND OTHER MUNICIPAL PURPOSES; AUTHORIZING
THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DONIAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFE CTIVE
DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, upon consideration
of the matter, has determined that there is a public necessity for the welfare of the City of
Georgetown and the public at large to acquire certain real property in fee simple title for
right-of-way, utilities and any other municipal purposes;
WHEREAS, in accordance with the above, the City Council of the City of
Georgetown, hereby finds that it is in the public interest to acquire fees simple title to real
property for the above -stated municipal purposes;
WHEREAS, the real property to be acquired for such purposes is a .114 acre tract of
land, situated in the Clement Stubblefield Survey, Abstract No. 558, in Georgetown,
Williamson County, Texas, and is more particularly described in Exhibit "A" attached hereto
and made a part hereof by reference; and
WHEREAS, the City Council has found that this action implements Transportation
Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will encourage a
transportation system that provides for the safe and efficient movement of traffic, promotes
the economic interest of the community, and adequately serves the personal needs of
individuals;" and further, the City Council finds that this resolution 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GE ORGETOWN, TE XAS, THAT:
SECTION I
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.
SECTION 2
The City Council hereby finds and determines that public necessity requires the
acquisition of the unencumbered fee simple title to the property described in attached Exhibit
"A", save and except oil, gas, and sulphur rights with no right of exploration, for right -of -
Lackey Condemnation Resolution No.93031 1A
Page I of 2
way, utilities and other municipal purposes in the City of Georgetown, Texas.
SECTION 3
It is hereby determined that the City of Georgetown has in fact transmitted a bona fide
offer to the property owners, in accord with the laws of the State of Texas, for the property
described in the attached Exhibit "A", and that the owners of the property and the City
Attorney have been negotiating concerning the value of the land and damages. In order to
finalize the purchase of this property, the City Manager is hereby authorized on behalf of the
City to attempt with one final offer to agree on damages and compensation to be paid to the
owners of the property. If the City Manager determines that an agreement as to damages and
compensation cannot be reached, then the City Attorney is hereby authorized to file, or cause
to be filed, proceedings in eminent domain to acquire fee simple title to the property, against
the owners and interested parties of the property.
It is the intent of the City Council that this resolution authorizes the condemnation of
all property described in Exhibit "A to be used for the municipal purposes described in
Section 2. If it is later determined that there are any errors in the descriptions contained
herein or if later surveys contain more accurate revised description, the City 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 property.
SECTION 5
This resolution shall be effective immediately upon adoption.
Attest:
Elizabeth Gray
City Secretary
,11 Marianne Landers Banks
City Attorney
Lackey Condemnation Resolution No. of-�M el 1A
Page 2 of 2
By: I]1EO WOOD
Mayor
Page I of 2
EXHIBIT A
COUNTY: WILLIAMSON
HIGHWAY: R.M.2243
LIMITS: FROM I.H. 35 TO BUSINESS U.S. 81 IN GEORGETOWN
ACCOUNT:
2103-01-011
BEGINNING at an iron rod set on a point in the existing north right-of-
way line of R.M. 2243, same being a point in the east right-of-way line
of a 60.00 ft. wide tract of land conveyed to the Georgetown Railroad
Company by instrument recorded in Volume 22, Page 495 of the said
Official Records, said point being the southwest corner of the above
referenced 1.21 acre tract of land, the southwest corner and POINT OF
BEGINNING hereof;
1 THENCE departing the existing north right-olf-way line of said R.M.
2243 with the east right-of-way line of said Georgetown Railroad
Company 60.00 ft. wide strip of land, same being the west boundary
line of said 1.21 acre tract of land, N1102039"E for a distance of
17.89 ft. to an iron rod set on a point being 50.00 ft. left of
proposed engineer's centerline station 578+73.01, for the nortfiwest
corner hereof and from which, an iron rod found on a point being
the northwest corner of said 1.21 acre tract, same being the
northwest corner of said 2.40 acre tract bears, N11020'39"E a
distance of 243.35 ft.;
2.) THENCE departing said common boundary line thru the interior of
said 1.21 acre tract of land, N69013'02"E for a distance of 141.60'
ft. to an iron rod set on a point of curvature, being 50.00 ft.
left of proposed engineer's centerline p.c. station 580—,14.67;
3.) THENCE with curve to the right, having a radius of 19510.86 ft., an
interior angle of 04027'46", an arc length of 152.65 ft. and a
chord which bears N71026'55"E for a distance of 152.61 ft. to an
iron rod set on a point in the east boundary line of said 1.21 acre
tract, same being the west boundary line of a 1.19 acre tract
conveyed out of said 2.40 acre tract to Willford Joseph Spears by
instrument recorded in Volume 989, Page 684 of said O-Fficial
�o,%-I I A
Williamson County
R.M. 2243: From I.H. 35 to Business U.S. 81
in Georgetown
CSJ 2103-01-011
Parcel 9
2
Records, said point being 50.00 ft. left of proposed engineer's
centerline station 581+63.43, and the northeast corner hereof, from
which, the northeast corner of said 1.21 acre tract of land, same
being the northwest corner of said 1.19 acre tract bears
N00049'28"W a distance of 143.06 ft.;
4.) THENCE with the east boundary line of said 1.21 acre tract of land,
same being the west boundary line of said 1.19 acre tract of land,
S00049'28"E for a distance of 16.81 ft. to an iron rod set on the
existing curving north right-of-way line of R.M. 2243, being the
southeast corner of said 1.21 acre tract of land, the southwest
corner of said 1.19 acre tract of land and the southeast corner
hereof;
5.) THENCE with said existing curving north right-of-way line of R.M.
2243, same being the south boundary line of said 2.40 acre tract
and 1.41 acre tractof land, with curve to the left, having a
radius of 1949.86 ft., an interior angle of 02034-'13" an arc
length of 87.47 ft. and a chord which bears S7102336"'W for a
distance of 87.46 ft. to an iron rod set on a point of curvature;
i.) THENCE continuing with said right-of-way line, same being the south
boundary line of said 2.40 acre tract and 1.41 acre tract of land
S70006'�011W for a distance of 210.56 ft. to the POINT OF BEGINNING
hereof and containing 0.114 4pre of land..
47 1 py_
IATED THIS THE —49r. DAY OF
MOMMIND•
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