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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• �es. No, 41 A 11 �,,,Jiisholm, R.P.L.S. No. 4299--- -h ASSOCIATES, INC. Road, Ste. 107 78759 -,y IVA�C :LEG1LJ:AC�KS0NGH1SH( 4295 %,5� 0_ 0 S U