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HomeMy WebLinkAboutRES 081115-U - PCN Acquisition Horak Trust# A na rd hrmia U 1h 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 • Georgetown (the "City") hereby finds that public convenience and necessity requires the acquisition in fee simple of that certain tract of land totaling •!' acres (the "Property"), more • less, and described with r• • metes and bounds, as well as an accompanying sketch, in the attached Exhibit 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 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 • in Section 251.001, 273.001 of the Texas Local Government 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 or convenient as a part of the roadway and utility system for the purposes of laying out, !• constructing, reconstructing, maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road and water • and detention facilities in Williamson County, Texas, including utility improvements, public drainage utility infrastructure improvements, the construction • cut/fill slopes, and/or other public uses and purposes as permitted by law (hereinafter the "Proj ect' '), and it is necessary to acquire fee simple title in the Property or such lesser property interests as set forth in the attached exhibit. The City finds and determines that conde�ination' 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 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 behalf • the City, fee simple title to the Property • such lesser estates • (�roperty interests as are more fully described in the attached exhibit, save and except oil, gas, and sulfur, as provided by law, as follows: Resolution No. D11 Date adopted: AAA 6t&ST I I ? ag�157 Finding Public Convenience & Nec-essity of the Acquisition of Property from Horak Trust for road utility improvements on Southeast Inner Loop Road at FM 1460 Pagel of3 I 1.369 acres, more or less, owned by Kenneth J. Horak, as Trustee of the Horak Living Trust dated March 11, 2008, descri ed by metes and bounds in the attached Exhibit 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 necessa,rw, right of wapi uqm• er, under and across the Pro,-., ­ fl co se of cowstai4mK.- 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 t 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 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 in the attached Exhibit "A" for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating of the Pro ect 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. �ITMT,Awf XMIffln"111no I I - I A 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 Resolution No. Date adopted: AU 644 S Finding Public Convenk & ALessity of the Acquisition of Property from Horak Trust for road a utility improvements on Southeast Inner Loop Road at FM 1460 Page 2 of 3 1 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; 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-, C. 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 bon? fide offer to purchase the Property; and 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 AM- 6 V ST 2015. THE CITY OF GEORGETOWN: By: Dale Ross, Mayor Resolution No. 4, Date adopted: --41-A % 1AT 2PI5- Finding Public Convenience & N6cessity of the Acquisition of Property from Horak Trust for road all utili improvements on Southeast Inner Loop Road at FM 1460 Page 3 of 3 ity I t Inner Peace, LLC. Williamson County, Texas Tract 4 - 1.369 Acres LLJ Page 1 of 1 03/03/2015 FN15005-4 METES AND BOUNDS DESCRIPTION • +, - _, • • w - •» a :c 1• w r * • • w • • FOLLOWS: •-! ! !• • we a •.• • • + ••� • • , 111:141i -• • • ! • w DISTANCE11 M THENCE, N 69'18'50" E, ALONG THE SOUTHEAST LINE OF SAID BOVE FAMILY TRUST TRACT, A OF 148.69 . TO . IRON • ..! : • . NORTH s. i.:Yi. HEREOF; :. CONVERGENCEFEET TO A 1/2 INCH IRON ROD SET IN THE NORTHWESTERLY RIGHT-OF-WAY OF SAID S.E. INNER THENCE, S 72*24'31" W, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY, A DISTANCE OF 1%69 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.369 ACRES OF LAND, MORE OR LESS. BEARING BASIS OF THE SURVEY DESCRIBED HEREIN IS THE TEXAS STATE PLANE COORDINATE NGA COMBINED SCALE FACTOR FO.999869049AND 01'22'20. t l . Milk a� ,11 NO I !• Lolog,Nwil isma •. .. . ! a ! w ..• •ta •- lima= "IM -11410=04 • :.ww e ' , ! bb . ., . 6392 STATE OF ADDRESS: S.E INNER LOOP GEORGETOWN, TEXAS 79626 OWNER: INNER PEACE, ULC TITLE CO: NONE GF NO: NA LENDER. NA JOB NO: WClSOOS-4 Lao TATE: 03/03/2015 LU C) IR D, Z '- C; tD "C LEGEND A * lir IRON ROD FOUND (UNLESS NOTED) 9IQ 0CI m_m—®— 112 W. PECAN STREEf PFLUGERVILLE, TX 78 WWW.DODDSURVEYING.COM lc1qlollo..— Lao LU C) IR D, Z '- C; tD "C LEGEND A * lir IRON ROD FOUND (UNLESS NOTED) 9IQ 0CI * 'Ur IRON ROD SET —x— BARS WIRE FENCE ID CABLE BOX 3 FO— BURIED TELECOM LIKE c— GUY WIRE —nue— OVERHEAD ELECTRIC LINES 0 POWER POLE 1 0 SANITARY SEWER MANHOLE R.C.P. REINFORCED CONCRETE PIPE RFLWC. PLAT RECORDS, WILLIAMSON COUNTY TX O.P.R.WC OFFICIAL PUBUC RECORDS, WILLIAMSON COUNTY, TX I RECORD INFORMATION PLICE OF SEG $ 0 PUCEoe Ole Loop Y) N f RO F R NOTES 1) BEARING BASIS OF THE SURVEY SHOWN HEREON IS THE TEKASSTATE PLANE C60RDINATESYSTEM, HAM, TEXAS CENTRALZONE USING A COMBINED SCALE FACTOR OF 0.999869049 AND CONVERGENCE ANGLE 02.22'20.07514*. 2) SYMBOLS AND FENCES MAY BE EXAGGERATED FOR CLARITY. 3) LAND OWNERSHIP/TME IS BASED ON CURRENT WILLIAMSON COUNTYAPPRAISAL DISTRICT RECORDS. 4) SURVEY WAS PERFORMED WITHOUT THE BENEFIT Of A CURRENT TITLE REPORT, THERE MAY BE EASEMENTS, MgACXS, OR OTHER MATTERS OF RECORD THAT EXIST THAT ARE NOT SHOWN HEREON. SURVEYOR'S CERTIFICATION: 1, FRED L DODO JR., A REGISTERED PROFESSIONAL LAND SURVEYOR, 00 HEREBY CERTIFY THAT THE SKETCH SHOWN OF HEREON WAS DETERMINED FROM ASURVEY MADE ONT"E THATALLCORNIERS ARE MARKED AS SHOWN. AMEMAND DDGROUND UNDER MY DIRECTION AND SUPERVISION, AND V tl? BOUND$ DESCRIPTION WAS WRITTEN TO ACCOMPANY THIS SKETCH. 9 639 SURVEYING &MAPPING CO. PROFESSIONAL LAND SURVEYORS .Ssl 0 k TEXAS FIRM LICENSE No. 10193745 uj 112 W. PECAN STREEf PFLUGERVILLE, TX 78 WWW.DODDSURVEYING.COM lc1qlollo..—