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Home My WebLink AboutRES 081115-S - PCN Acquisition Lowy TustV 19111111 WHEREAS, in order to facilitate the safety and • • traffic, improve and maintain water quality, and to • the financial investment of the public in its roadways and utility infrastructure, and protect the safety • the public, the City • Georgetown (the "City") hereby finds that public • and necessity requires the acquisition in fee simple •I that certain tract of land totaling 2.763 acres (the "Property"), more or less, and described with particularity by metes and bounds an accompanying sketch in the attached Exhibit "XI which exhibit is incorporated herein by reference as if fully set out for public road right of way, water quality and detention on, over under and across the Property located in Williamson County, Texas, and • the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road and water quality and detention facilities in Williamson County, Texas. WHEREAS, as provided • in Section 251.001, 273.001 of the Texas Local • Code, and under the general authority granted in Section 311.001 of the Texas Transportation Code, the City finds and determines that the Property is necessary • • as a part • the roadway and utility system for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road ani water quality and detention facilities in Williamson County, Texas, including utility improvements, public drainage utility infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and purposes as perinitted by law (hereinafter the "Proj ect' '), and it is necessary to • fee simple title in the Property • such lesser property interests as set forth in the attached exhibit. The City finds and determines that condemnation of the Property may be required. 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 exhibit. IT IS FURTHER ORDERED that the City Attorney is hereby authorized to proceed t, condemnation on the Property and directed to transmit or cause to be transmitted this request the City to legal counsel to file or cause to be filed against all owners, lienholders, and ang owners of any other interests in the Property, proceedings in condemnation to acquire in t name of and on behalf of the City, fee simple title to the Property or such lesser estates property interests as are more fully described in the attached exhibit save and except oil , gal P 9 and sulfur, as provided by law, as follows: Resolution No. 0 1111 -S Date adopted: AIA &-A S—r I It 22�-- VG - Finding Public Convenience & Neclessity • the Acquisition • Property from • Trust for road and utility improvements on Southeast Inner Loop Road at FM 1460 Pagel of3 2.763 acres, more or less, owned by Alan G. Lowy, as Trustee, Lorraine M. Lowy Trust FBO Alan G. Lowy, described by metes and bounds in the attached Exhibit "A". 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 necessary right of way upon, over, under and across the Property for the purpose 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, and appurtenances 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 acquisition of the Property for the Project; WHEREAS, in order to acquire the Property, it will be or has been necessary for City's employees, agents, and/or representatives, to enter upon the Property for the purposes surveying and establishing said land titles and to determine adequate compensation for t Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the I titles; and, I 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 - I . 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 in the attached Exhibit "All ' 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 anq_purposes as permitted by law. iiiiiiii�iiiiiii 111�111111111111111n�IIII 11111111111111�111111 I 11111111p!�11 11111111111 111 111 IT. M 111 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, a other persons or companies needed to effect the laying out ofthe faciliti for the Project, the establishment and acquisition of the required right a tj t way, and the construction of permanent public road, water quality a Resolution No. 09 111 -S Date adopted -- AJA GtAS7' It Finding Public Convenience & Wcessity of the Acquisition of Property from Lowy Trust for road and utility improvements on Southeast Inner Loop Road at FM 1460 Page 2 of 3 drainage and/or utility infrastructure improvements, and appurtenances thereto; C. Enter upon any property necessary for the purpose of surveying and establishing the title, in order to determine adequate compensation for the 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 the 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 bonR fide offer to purchase the Property; and 9. Take whatever further 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. f. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. RESOLVED by the City Council of the City of Georgetown this day of AU 6LAST 2015. AT T: lest Brettle, C6 Secretary APPROVED AS Td-FbRM: By: Dae Ross, Mayor Resolution No. () 8 Dateadopted: ft6MS--J lit Finding Public Convenience & N&egisity oT the Acquisition of Property from Lowy Trust for road and utility improvements on Southeast Inner Loop Road at FM 1460 Page 3 of 3 EXHIBIT & inner, Peace,'LLC. W111farntion County, TexasTract'2-2.70k;r4s j,, pa4B I of I 03/03/201's= r FNISMS-2 a : Is lk - ung --ly'allo 9, "fill i till if p1g.-jinvapligggg m gZagipmaigggird m m0wak, INN I -In q if I:..m F—RED , bODD jR. R.P.L.S. No. 6352 STATE OF TEXAS n I or