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
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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
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. 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
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TATE: 03/03/2015
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ID CABLE BOX 3
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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
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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
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BOUND$ DESCRIPTION WAS WRITTEN TO ACCOMPANY THIS
SKETCH.
9 639
SURVEYING &MAPPING CO.
PROFESSIONAL LAND SURVEYORS
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TEXAS FIRM LICENSE No. 10193745
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112 W. PECAN STREEf
PFLUGERVILLE, TX 78
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