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HomeMy WebLinkAboutRES 081115-R - PCN Acquisition Inner PeaceWfIEREAS, in order to facilitate the safety and movement of traffic, improve anril maintain water quality, and to preserve the financial investment of the public in its roadways utility infrastructure, and protect the safety of the public, the City of Georgeto ebod qwn (the "City' hery finds that public cnvenience annecessity reuires the acquisitiope o n in fee simlf th 11 certain tract of land totaling 3.831 acres (the "Property"), more or less, consisting of a 1.358 -ac tract and a 2.473 -acre tract described as follows: Lot 1 1.358 acres, more or less, situated in the Lewis J. Dyches Survey, Abstract No. 180, Williams• County, Texas; said 1.358 acres and being out of a 9.951 acre parcel of land described by met and bounds in the attached Exhibit "ALESS, SAVE AND EXCEPT 2.763 acres previous conveyed by Warranty Deed dated April 7, 2015, from Inner Peace, LLC to Alan G. Lowy, Trustee, Lorraine M. Lowy Trust FBO Alan G. Lowy, recorded under Document N 2015031426, Official Records, Williamson County, Texas-, LESS, SAVE AND EXCEPT 1.9 acres previously conveyed by Warranty Deed dated April 7, 2015, from Inner Peace, LLC Michael T. Novick, as Trustee of the Michael Todd Novick Living Trust dated August 22, 199 recorded under Document No. 2015031428, Official Records, Williamson County, Texas; a LESS SAVE AND EXCEPT 1.369 acres previously convey I . ed by Warranty Deed dated Ap 7, 2015, from Inner Peace, LLC to Kenneth J. Horak, as Trustee of the Horak Living Trust dat March 11, 2008, recorded under Document No. 2015031427, Official Records, Williams County, Texas; and Lot 5 2.473 acres, more or less, out of a 9.951 acre parcel of land situated in the Lewis J. Dych Survey, Abstract No. 180, Williamson County, Texas described with particularity by metes bounds, as well as an accompanying sketch, in the attached Exhibit "B"; and I which exhibits are incorporated herein by reference as if fully set out, for public road right way, water quality and detention on, over under and across the Property located in Williams County, Texas, and for the purposes of laying out, opening, constructing, reconstructiln maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road water quality and detention facilities in Williamson County, Texas. Resolution No. Date adopted. AIA _6tA I It �)014 Finding Public Convenience & Necessity of the Acquisition of Property from Inner Peace, LLC for roai and utility improvements on Southeast Inner Loop Road at FM 1460 Page I of 4 WHEREAS, as provided for in Section 251.001, 273.001 of the Texas Local Govermne Code, and under the general authority granted in Section 311.001 of the Texas Transportatio Code, the City finds and determines that the Property is necessary or convenient as a part of t roadway and utility system for the purposes of laying out, opening, constructing, reconstructin maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road water quality and detention facilities in Williamson County, Texas, including utili I improvements, public drainage utility infrastructure improvements, the construction o uiredf cut/fi slopes, and/or other public uses and purposes as permitted by law (hereinafter the "Project"), ang it is necessary to acquire fee simple title in the Property or such lesser property interests as s forth in the attached exhibits. The City finds and determines that condemnation of the Prope may be req. IT IS THEREFORE ORDERED that the initiation of condemnation proceedings for the Property is adopted and authorized by a single order for the Property, and this first vote by the City applies to all of the Property identified in the attached exhibits. IT IS FURTHER ORDERED that the City Attorney is hereby authorized to proceed u . s condemnation on the Property and directed to transmit or cause to be transmitted this req est the City to legal counsel to file or cause to be filed against all owners, lienholders, and anl owners of any other interests in the Property, proceedings in condemnation to acquire in tr] name of and on behalf of the City, fee simple title to the Property or such lesser estates ( Looroperty interests as are more fully described in the attached exhibits, save and except oil, g& and sulfur, as provided by law, as follows: MMMT WRYTV"119 by metes and bounds in the attached Exhibits "All and "B". WHEREAS, in order to effectuate the Project, it will be necessary and convenient that the employees, agents, and/or representatives of the City to lay out the Project and acquire the riecessaryuight of waz, u n. over, under and across -the Prootertm-, for the i -cose of construction. reconstruction, operation, and maintenance of public road, water quality and/or drainage utility infrastructure improvements and the construction of cut/fill slopes adjacent to the Project ' ani 9-ppurtenances thereto, and for the use of any excavated materials from the Property for use in construction of such roadway and/or utility infrastructure improvements-, 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 2-cquisition of the Property for the Project; WHEREAS, in order to acquire the Property, it will be or has been nec 2 f 'ss e y or t City's employees, agents, and/or representatives, to enter upon the Property for the p poses surveying and establishing said land titles and to determine adequate compensation for t I Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the la titles; and, -T I gan-07M.-ti emence & 14ecessit—y of the Acquisition of Pr erty from Inner Peace- LLC for road and utility improvements on Southeast Inner Loop Road at FM 1460 Page 2 of 4 WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for Property 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 on, over, under and across the real property described hereinabove and in the attached Exhibits "A" and "B" for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating of the Project in Williamson County, Texas, including utility improvements, public water quality and drainage utility infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and purposes as permitted by law. 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 for the Project, the establishment and acquisition of the required right of way, and the construction of permanent public road, water quality and drainage and/or utility infrastructure improvements, and appurtenances thereto-, C. Enter upon any property necessary for the purpose of surveying anii, establishing the title, in order to determine adequate compensation for thf right of way being acquired, and to conduct tests, d. Negotiate with the owner(s) of any such properties for the purchase thereof; e. To purchase any necessary right of way on, over, under and across th* Property, and execute all documents necessary to acquire such Property, all subject to the City Council's express approval of the specific, negotiated terms of the acquisition; f. Initiate eminent domain proceedings against the owner(s), lienholders, and any owners of any other interests in the Property to obtain the necessary title(s) for the Property in the event the owner(s) fail(s) to accept a bona fide offer to purchase ihe Property; and Resolution No. 0 71115- P!!n Date ,e!• r t Finding Wlic Convenience & ecessitv of the AcRuisition of Pro ertv from Inner Peace, LLC for road re I Ito a I I I I I IVA I III n K11"um I I U -i I I Nzili I B*101 I -tv 1 ukri m a I I I I vi a W1101 sm k"kerg Le W, I a IN hu 0 i!MAM� 9- Take whatever farther actions are deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 5. That all previous acts and proceedings done or initiated by the City's employees, agents, and/or representatives 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. 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of ihe City of Georgetown. RESOLVED by the City Council of the City of Georgetown this J_L day of NG%A!5'T 2015. NAN a I By: Jes4a*. Brettle, C&y Secretary Dale Ross, Mayor i W ResolutionNo. 01111S742. Dateadopted: PAA6W5T lloapO Finding Public Convenience & Necessity of the Acquisition of Property from Inner Peace, LLC for road and utility improvements on Southeast Inner Loop Road at FM 1460 Page I. of 4 EXHIBIT Inner Peace, LLC Williamson County, Texas Tract 9.951 Acres EPage 1 of 2 03/31/2015 FN15005 METES AND BOUNDS DESCRIPTION !` ! THENCE, N 69'26'36" E, WITH THE NORTHWEST LINE OF SAID INNER PEACE, LLC. TRACT, A DISTANCE OF 49.90 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID RABBIT B •. • A !•INS., 6014 .pkllloi IN ! •.! ! • *A • ! i A. • 1. ! A : ! i A: • A i IMSUL RIM U-9 a • . ! !` • A A 1 • to M F� Inner Peace, LLC Tract 9.951 Acres 03/3112015 DATE: CW, —2 7- ZUiS Williamson County, Texas Page 2 of 2 FN15005 In TTV VIA 11111150161 R1 V1 Q a -MA Ell -MITI TM BRUR MM1,731 NJ 17 -ML.Dj!1 : . J R. ' RRIL.& NO. 6392 STATE OF Y Inner Peace; LLC. Tract 5 2.473 Acres 03/03/2015 Williamson County, Texas FN15005-5 • • iP r • : i r a=r • « • e ° r • s FOLLOWS - 12:1 • # t ! •�. �r � i •! t MON-01 FMM 12 M i 1121611,N018361:911111 •! ! •,! M"I CI • « Mil • • � -s •. t' :. " •"• • � it r t t • �!! ii• r rr r • • � •.r • x • • 110 M01 all MI -21 M1141 yl.M y !t "• L •:"w • i 1 #.`. � �. •tl Rklr,t.1 Y� CONVERGENCE Y 01'2Z20.07514". ! • ••r• y ! • !!« •, t t i !' r• r ! t •... !....! i ! -pail i.: • Y t • ! t ! r !. •. r••� - t!. f� r 1 w t. saxes !"'s ODI NO. 6392 STATE OF TEXAS ADDRESS: S.E. INNER LOOP GEORGETOWN, TEXAS 78626 OWNER: INNER PEACE, LLC TITLE CO: NONE GF NO: NA LENDER:NA JOB NO: WCISODS-S DATE: 03103/201S -x- -FO- -O"f- 4 4 1747, 240 CNN9 29,01f 11*14m# gs'f 0 op 'v 1jCV vko 00C' Ur IRON ROD FOUND (UNLESS NOTED) Ill IRON ROD SET BARB WIRE FENCE CABLE BOX ELECTRIC METER BURIED TELECOM LINE GUY WIRE OVERHEAD ELECTRIC LINES POWER POLE m I9 SANITARY SEWER MANHOLE 212'r4-3 NN TRAFFIC SIGN(UNLESS NOTED) 57Z24'3;"W TRAFFIC SIGNAL SOX -bfi-Ill DEED RECORDS, V41LLVMSON COUNTY, TX 4 1700 O.P.R.W.0 OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TX 57 I RECORD INFORMATION PLACE 4'3 - 0 0 N, W F - A Y) NOTES 1) BEARING BASIS OF THE SURVEY SHOWN HEREON IS THE TEXAS STATE PLANE COORDINATESYSTEM, NAD83, TEXAS CENTRAL ZONE USING A COMBINED SCALE FACTOR OF 0.999$69049 AND CONVERGENCE ANGLE. 01'222007514*: D' w 120' 2) SYMBOLS AND FENCES MAYBE EXAGGERATED FOR CLARITx 3) LAND OWNERSHIP/TITLE IS BASED ON CURRENT WILLIAMSON COUNTY APPRAISAL DISTRICT RECORDS, ?9 F9 fill ii 4) SURVEY WAS PERFORMED WITHOUT THE BENEFIT Of A CURRENT TITLE REPORT. THERE MAY BE EASEMENTS. SETBACKS, OR OTHER I INCH = 60 FEET MATTERS OF RECORD THAT EXIST THAT ARE NOT SHOWN HEREON. 1, FRED L DODD M, A REGISTERED PROFESSIONAL LAND 'SURVEYOR, 00 HEREBY CERTIFY IM THE SKETCH SHOWN HEREON WAS DETERMINED FROM A SURVEY MADE ON THE UNDER MY DIRECTION AND SU"AVISION, AND S T C =CORNERSAREMARKEDASSHOWN. AMEMAND BOUNDS DESCRIPTION WAS WRITTEN 70 ACCOMFANY`7HIS Du' --'D D SXETCH. SURVEYING & M"PING CO. PROFESSIONAL LAND SURVEYORS TEXAS FIRM UCENSE NO. 10193745 QUESTIONS, COMMENTS, OR TO 112 W. PECAN STREET ORDER A SURVEY, EMAIL US AT: PFLUGERVILLE, TX 78660 INFOODOODSURVEYING.COM WWW.DODDSURVEYING.COM (512) 843-3633