HomeMy WebLinkAboutRES 081115-T - PCN Acquisition Novick TrustMESOLUTIONNO.
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WHEREAS, in order to facilitate the safety and movement of traffic, improve and
maintain water quality, and to preserve the financial investment of the public in its roadways and
utility infrastructure, and protect the safety of the public, the City of Georgetown (the "City")
hereby finds that public convenience and necessity requires the acquisition in fee simple of that
certain tract of land totaling 1.988 acres (the "Property"),, more or less, and described with
particularity • metes and bounds, as well as an accompanying sketch, in the attached Exhibit
�A!, which
• is incorporated herein • reference as if fully set • for public road right of
way, water quality and detention on, over under and across the Property located in Williamson
County, Texas, and for 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 for in Section 251.001, 273.001 of the Texas Local Governnime
Code, and under the general authority granted in Section 311.001 of the Texas Transportati
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, reconstructi
maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road
water quality and detention facilities in Williamson County, Texas, inc; ing utili,
improvements, public drainage utility infrastructure improvements, the const on of cut/�,
sloGwes '.and/or other -,cubl -4
it is necessary to acquire fee simple title in the Property or such lesser property interests as s
forth in the attached exhibit. The City finds and determines that condemnation of the Prope
may be required.
IT IS THEREFORE ORDERED that the initiation of condemnation proceedings for th*
FP'roperty 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 to
condemnation on the Property and directed to transmit or cause to be transmitted this request of
the City to legal counsel to file or cause to be filed against all owners, lienholders, and any
owners of any other interests in the Property, proceedings in condemnation to acquire in the
name • and on •" • the City, fee simple title to the Property • such lesser estates or
•# interests as are more fully described in the attached exhibit, •: and except oil, gas,
and sulftir, as provided by law, as follows -
Resolution No. 09
Date adopted: P(ttGIAST It, 21>1
Finding Public Convenience & NScessity of the Acquisition of Property from Novick Trust for road and
utility improvements on Southeast Inner Loop Road at FM 1460 Pagel of3
1.988 acres, more or less, owned by Michael T. Novick, as Trustee of the
Michael Todd Novick Living Trust dated August 22, 1990, 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, apprais-
•I i.
ompaniesarchitects, or other persons or companies to effect the laying out, establishment,
acquisition of the Property for the Project-, 1
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 detennine adequate compensation for t
Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the la•
titles; and,
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
Georgetown: I
I . That in order to promote the public health, safety, and welfare, public convenience
andgopood
necess* requires the acquisition of riht f way in fee simle•n,•ver uner
ity I - -
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, e construction o c 11 slopes, or o r 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
F,'-',esolution No. 09(11. T
Wate adopted:_ AIA bv!Sa t (I ?pig,
Finding Public Convenience & Necessity of the Acquisition of Property from Novick 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 .r
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.
6. 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 JL day of A%AG4.4S7_
2015.
f7l,446'
Jess4%_ Brettle, ity Secretary
APPRP�ED AS TOPRM:
1.17 mmvmrjf• _
THE CITY OF GEORGETOWN:
By: �
Dale Ross, Mayor
Resolution No. 01111 G�7T
Date adopted* AIA 6U ST
QXLML'rMU 41yiA
Inner Peace, LLC. Williamson County, Texas
Tract 3 - 1.988 Acres Page 1 of 1
0310312015 t;LLJFN 15005-3
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FOLLOWS:
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FEET TO A 1/2 INCH IRON ROD SET IN THE NORTHWESTERLY RIGHT-OF-WAY OF SAID S.E. INNER
LOOP FOR THE EAST CORNER HEREOF;
THENCE, S 72-2431" W, ALONG SAID NORTHWESTERLY RIGHT—OF-WAY, a DISTANCE
OF
329.47
CONVERGENCEFEET TO THE PLACE OF BEGINNING AND CONTAINING 1 988 ACRES OF LAND, MORE OR LESS.
1, FRED L, DODD JR., A REGISTERED PROFESSIONAL LAND SURVEYOR DO HEREBY CERTIFY TH
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Ill I i� i STATE OF TEXAS3 I r�,y
ADDRESS: S.E. INNER LOOP
GEORGETOWN, TEXAS 78626
OWNER: INNER PEACE, LLC
TITLE CO: NONE
GF NO: NA
LENDER: NA
JOB NO: WCIS005-3
DATE: 03103/2015
I
NOTES
1) BEARING BASIS OF THE SURVEY SHOWN HEREON IS THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, TEXAS CENTRAL ZONE
USING A COMB] NED SCALE FACTOR OF (L999969049 AND CONVERGENCE ANGLE 0I'22'20.075l4'. xisi
21 SYMBOLS AND FENCES MAY BE EXAGGERATED FOR CLARITY.
3) LAND OWNERSHIPME IS BASED ON CU ARENT WILLIAMSON COUNTY APPRAISAL DISTRICT RECORDS,
4) SURVEY WAS PERFORMED WITHOUT
ITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THERE MAYBE EASEMENTS, SETBACKS, OR OTHER 'bo�0��7�C-Ogj�� No,
MATTERS OF RECORD THAT EIST THAT ARE NOT SHOWN HEREON. 'JdQ 0 - COL.
cOga,
Doc- vkO
OF• tTY.53
To
LEGEND
D.R.W.C. DEED RECORDS, WILLIAMSON COUNTY, TEXAS Wad
C.P.R.W.0 OFFICIAL PUBLIC RECORDS, WI ON COUNTY, TEXAS a cy
-IC .
A
O,R.WC. OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS w O'e
RECORD INFORMATION
lir IRON ROD FOUND (UNLESS NOTED)
0 1/2"IRON RDD SET
2: W
GS CALCULATED POINT
—X— EARB WIRE FENCE
19 CABLE BOX
1 0
. A
lfl ELECTRIC METER
.0,
—FO— BURIED TELECOM LINE
C GUY WIRE
—OHE— OVERHEAD ELECTRIC LINES
POWER POLE
SANITARY SEWER MANHOLE
TELEPHONE RISER
TRAFFIC SIGN (UNLESS NOTED)
TRAFFIC SIGNAL BOX
Af
01 1
"'51'W.45
04
Old
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F' W
16
$0
SUR. VEYORSCERTIFKATION:
4 TRW L DODD JR, A REGISTERED PROFESSIONAL LAND 0 F
SURVEYOR, 00 HEREBY CERTIFY THAT THE SWCH SHOWN
HEREON WAS DETERMINED FROM A SURVEY MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION, AND
DODD
THAT ALL CORNERS ARE MARKED AS SHOWN. A METES AND L.
BOUNDS DESCRIPTION WAS WRITTEN TO ACCOMPANY THIS.FR
4TEXAS
SKETCH.
SURVEYING & M"PING CO.
PROFESSIONAL LAND SURVEYORS
FIRM LICENSE NO. 10193745
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