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HomeMy WebLinkAboutRES 111015-F - PCN Acquisition Road/UtilityRESOLUTION NO. # 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 55) le of that certain tract of land totaling 3.831 acres (the "Property"), more or less, consisting of a 1.358 -acre tract and a 2.473 -acre tract described as o ows: Tract 1 1.358 acres, more or less, situated in the Lewis J. Dyches Survey, Abstract No. 180, Williamson County, Texas more fully described by metes and bounds and sketch in Exhibit "A" attached hereto; and Tract 2 2.473 acres, more or less, situated in the Lewis J. Dyches Survey, Abstract No. 180, Williamson County, Texas more fully described by metes and bounds and sketch in Exhibit "B" attached herto; which exhibits are 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 t•• 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 Government Code, and under the general authority granted in Section 3 11.001 of the Texas Transportation Code, the City finds and determines that the Property is necessary or convenient as a part of the . -1 you', *�,-wj�rjt reco tru pwkw,�airam*i— ns maintaining, widening, straightening, extending, and operating Southeast Inner Loop Road and 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 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 exhibits. The City finds and determines that condemnation of the Property may be required. Resolution No, I I i ok5 - f: - Date adopted: o 15 Finding Public Convenience & Necessity for the acquisition of real property from Inner Peace, LLC for road and utility improvements on Southeast Inner Loop Road at FM 1460 Pagel of 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 proceedI 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 an owners of any other interests in the Property, proceedings in condemnation to acquire in 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 exhibits, save and except oil, ga. and sulfur, as provided by law, as follows: 3.831 acres, more or less, owned by Inner Peace, LLC described hereinabove and by metes and bounds in the attached Exhibits "A" 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 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 the City's employees, agents, and/or representatives, to enter upon the Property for the purposes of surveying and establishing said land titles and to determine adequate compensation for the Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles- and, 9 WHEREAS, it was necessary to set out procedures for the establishment and approval just compensation for Pro erty to be acquired for the Project; p 3 1 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 convenien and necessity requires the acquisition of right of way in ee simp e on, over, un i and across the real property described hereinabove and in the attached Exhibits 11 and 111311 for the purposes of laying out, opening, constructing, reconstructin Resolution No. I k kOk5- 5^ Date adopted- I Finding Public Convenience & Necessity for the acquisition of real property from Inner Peace, LLC for road and utility improvements on Southeast Inner Loop Road at FM 1460 Page 2 of 4 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 • cut/fill slopes, and/or other public uses and purposes as •` -e • 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 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 !• and execute all •! necessary to • such Property, all subject to the City Council's express approval of the specific, negotiated terms of the acquisition; Imitiate 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 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, confirined, and validated. This resolution shall take effect -• from an er s •. ResolutionNo. IIIMS—r at adopted: Finding Public Conv'enience & Necessity for the acquisition of r t:,LJMY eact,LLC for road and utili rovements on • Inner Loop Road at FM 1460 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 7. This resolution shall be effective inimediately upon adoption. RESOLVED by the City Council of the City of Georgetown this 10 day of 00V,e,,, 6fZ , 2015. 11 Shelley Nowli4g,,,Uity Secretary APPROVED AS TO FORM: ,1 I t I J - A Kesolution No. t k k (0 IV WWA "212 By: Wale Ross, Mayor Date adopted: I x Finding Public Convenience is Necessity for the acquisition of real property from Inner Peace, LLC for road and utility improvements on Southeast Inner Loop Road at FM 1460 Inner Peace, LLC Tract 1 —1.358 Acres 03/03/2015 it Alit Williamson County, Texas Page 1 of 1 FN 15005-1 a a 'R' e• e � r i a �.� ai a a � � m a • • a a a a !. a + R• . r r • . a a R . a a. a :: i` a . .■ a + R THENCE, N 69-2636" NORTH SAID INNER PEACE, TRACT,. DISTANCE OF 49.90 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID RABBIT THENCE, N .*. '.'35" E, CONTINUING WITH THE NORTH LINE OF a R INNER PEACE, LLC. TRACT, DISTANCE OF . TO A 1/2 INCH IRON `aR SET FOR THE NORTHO a THENCE, S 18'3345" E, OVER AND ACROSSa R INNER PEACE, TRACT,r DISTANCE a .. TO a IRON'aR SET IN THE NORTHWESTERLYRIGHT-OF-WAY OF a a INNER aa• FOR THE EASTa`HEREOF; THENCE, S 722431" W, ALONG a R NORTHWESTERLY RIGHT-OF-WAY, , DISTANCE OF t FEET TO THE PLACE OF AND CONTAINING 1.358 ACRES OF + R MORE OR BASISBEARING DESCRIBED HEREINr a PLANE COORDINATE SYSTEM, NAD83, TEXAS CENTRAL ZONE, USING A COMBINED SCALE FACTOR OF O999869049 AND CONVERGENCE ANGLE 01'2Z20.07514". I,FREDL.DODDJR + REGISTERED PR R.. aa a a R SURVEYOR, DO HEREBY CERa ��■ R. Y R a R �.a.. a R a. l . `R R R a R C! DATE: 2`':� - ci*---.,' ZC r S DODD SURVEYING & MAPPING PROFESSIONAL SURVEYORS 112 PECAN STREET WEST PFLUGERVILLE, TEXAS 78660 R L.Ra RR A V- RRI.Sw 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: WCISOOS-1 DATE. 03/03/2015 1P vo xyge, p3g89 0 OOGUN OR, 60' 120' 1 INCH = 60 FEET O I12' IRON ROD FOUND (UNLESS NOTED) CALCULATED 0 112" IRON ROD SET P��E OFALCULATED POINT B BARB WIRE FENCE —FO— BURIED TELECOM LINE cfto GUY WIRE 0 OVERHEAD ELECTRIC LINES POWER POLEati SANITARY SEWER MANHOLE P.R.W.C, PLAT RECORDS, WILLIAMSON COUNTY, TX O.P,R.W.0 OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY TX CA.W.C. OFFICIAL RECORDS, WILLIAMSON COUNTY TX RECORD INFORMATION L 0 oy)p BIG NOTES 1) BEARING BASIS OF THE SURVEY SHOWN HEREON IS THE TEXAS STATE PLANE COORDINATE:SYSTEM, NAD83, TEXAS CENTRAL ZONE USING:A COMBINED SCALE FACTOR OF 0.999869049 AND CONVERGENCE ANGLE 01'22,20.07514". 2� SYMBOLS AND FENCES MAY BE EXAGGERATED FOR CLARITY. 3 LAND OWNERSHIP/rITLE IS BASED ON CURRENT WILLIAMSON COUNTY APPRAISAL DISTRICT RECORDS, 4) SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THERE MAYBE EASEMENTS, SETBACKS, OR OTHER MATTERS OF RECORD THAT EXIST THAT ARE NOT SHOWN HEREON. SURVEYOR'S CERTIFICX"ON.t 1, FRED L DODD JR., A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON WAS DETERMINED FROM, A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, AND SUPERVISION, AND ff lk THAT ALL CORNERS ARE MARKED AS SHOWN, A METES AND BOUNDS DESCRIPTION WAS WRITTEN TO ACCOMPANY THISHis RE:D I- DODD IR SKETCH, is 6392 O 5 No SURVEYING & MAPPING CO. PROFESSIONAL LAND SURVEYORS 4TEXAS FIRM LICENSE NO. 10193745 I FRED L DODD, JR. RPLS NO, 6392' QUESTIONS, COMMENTS, OR TO 112 W. PECAN STREET ORDER A SURVEY, EMAIL US AT: WWW.DODDSURVEYING.COM PFWGERVILLE, TX 78660 INFO@DODDSURVEYING.COM (512) 843433 Inner Peace, LLC. Tract 5 - 2.473 Acres 03/03/2015 Afflwl I"- 121wil Williamson County, Texas Page 1 of 1 FIV 15005-5 00,611411 NZ9. ows, FOLLOWS: THENCE, N 20'19'42" W, OVER AND ACROSS SAID INNER PEACE, LLC. TRACT, A DISTANCE OF 391.10 FEET TO A 1/2 INCH IRON ROD SET IN THE SOUTHEAST LINE OF THE TRACT DESCRIBED IN THE DEED TO THE BOVE FAMILY TRUST, RECORDED IN VOLUME 2286, PAGE 757, AND CORRECTED IN DOCUMENT NO. 2005051929, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, FOR THE WEST COKER HEREOF; THENCE, N 69-1850" E, ALONG THE SOUTHEAST LINE OF SAID BOVE FAMILY TRUST TRACT, A DISTANCE OF 270.97 FEET TO A 1/2 INCH IRON ROD FOUND IN THE SOUTHWEST RIGHT-OF-WAY OF FARM -TO -MARKET ROAD NO. 1460 (RIGHT-OF-WAY VARIES) FOR THE NORTH CORNER HEREOF; THENCE, S 29'08'53" W, WITH THE NORTHWEST LINE OF SAID STATE OF TEXAS TRACT, A DISTANCE OF 87.25 FEET TO A 1/2 INCH IRON ROD FOUND WITH ALUMINUM CAP STAMPED'TxDOT' IN THE NORTHWEST RIGHT-OF-WAY OF SAID S.E. INNER LOOP; 'tTS I HflRA163, I LAA6 UI -R I FKAL CONVERGENCE ANGLE 01 *22'20.07514". 1, FRED L. DODD JR., A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION, AND THAT ALL CORNERS ARE MARKED AS DESCRIBED. 11-11611Mwe 1101MIN wo Z- 1-1- RMN4 QDJR-47 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: WCISOOS-5 DATE: 03/03/2015 147-401 '00 'g 148- 24 '29 50'f A 0 WW"1201 20 1 DOCUMENT NO. 20 ME UFFICIAl •A, WILLIAMSON COUNTY, TEXAS. sl oqs j'4z X�'�(103S,6 i; P'o' P p -G 1 09- C'OFTO .ISID 05N VyG VO VOCI. 015 Al" Ka 10. I O LEGEND 0 1r2- IRON ROD FOUND (UNLESS NOTED) 0 1t2" IRON ROD SET —y— BARB WIRE FENCE CABLE BOX ELECTRIC METER —Fo— BURIED TELECOM LINE E — GUY WIRE —OHE— OVERHEAD ELECTRIC LINES C1 POWER POLE SANITARY SEWER MANHOLE 21g..42 TRAFFIC SIGN (UNLESS NOTED)�CE OF 122 .!• 106-13 QTRAFFIC SIGNAL BOX 1 089 � D.R.WC. DEED RECORDS, WILLIAMSON COUNTY, TX '6T2 «y4 1 *3 '45 O.P.R.W.0 OFFICIAL PUBLIC RECORDS. WILLIAMSON COUNTY, TX 7 RECORD INFORMATION CIO PUCE OF 3 - 0 2-24 7 A '4NETND 0 op ols N Cw 0a 0, 0 9 IG OKf NOTES 1) BEARING BASIS OF THE SURVEY SHOWN HEREON IS THE 'TEXAS STATE PLANE COORDINATE SYSTEM, NAD83. TEXAS CENTRAL ZONE USING A COMBINED SCALE FACTOR OF 0.999869049 AND CONVERGENCE ANGLE 01'22'21).07514". 2 SYMBOLS AND FENCES MAY BE EXAGGERATED FOR CLARITY. 3� LAND OWNERSHIP/TITLE IS BASED ON CURRENT WILLIAMS04 COUNTY APPRAISAL DISTRICT RECORDS. 4) SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. -THERE MAY BE EASEMENTS, SETBACKS, OR OTHER MATTERS OF RECORD THAT EXIST THAT ARE NOT SHOWN HEREON. SURVEYOR'S CERTIFICATION: 1, FRED L. DODD JR., A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION, AND m oil 11 THAT ALL CORNERS ARE MARKED AS SHOWN. A METES AND I I BOUNDS DESCRIPTION WAS WRITTEN TO ACCOMPANY THIS JL—lov SKETCH. SURVEYING & "PING CO. PROFESSIONAL LAND SURVEYORS TEXAS FIRM LICENSE NO. 10193745 QUESTIONS, COMMENTS, OR TO ORDER A SURVEY, EMAIL US AT. imm nnnnmv imimmr-, rnhA FR 9b L. DODD, JR. RPdNO. 6392 WWW.DODDSURVEYING.COM 0' 60' 120, EMEMETn I INCH = 60 FEET 03-03-Z015 /. PECAN STREET 3ERVILUE, TX78660 843-3633