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HomeMy WebLinkAboutRES 092419-W - Domain Public Rd DrainageRESOLUTION NO. Qq4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR ACQUISITION OF REAL PROPERTY TO EFFECTUATE CERTAIN PUBLIC ROAD, DRAINAGE, AND UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to facilitate the safety and movement of traffic 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 0.0422 acres, and drainage easement rights to land totaling 0.0358 acres (the "Property"), more or less, described as follows: Fee Simple Tract: Being a 0.0422 acre (1,840 square foot) tract of land situated in the Antonio Flores Survey, Abstract 235, Williamson County, Texas, and being a portion of Lots 1 & 2, Southworth Addition, a subdivision according to the plat thereof recorded in Document No. 9505986 of the Official Public Records of Williamson County, Texas, said Lots 1 & 2 described in a deed to Kid's Kottage, Inc., recorded in Document No. 2000056215 of the Official Public Records of Williamson County, Texas; and, said 0.0422 acres being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Drainap-e Easement Tract: Being a 0.0358 acre (1,559 square foot) tract of land situated in the Antonio Flores Survey, Abstract 235, Williamson County, Texas, and being a portion of Lots 1 & 2, Southworth Addition, a subdivision according to the plat thereof recorded in Document No. 9505986 of the Official Public Records of Williamson County, Texas, said Lots 1 & 2 described in a deed to Kid's Kottage, Inc., recorded in Document No. 2000056215 of the Official Public Records of Williamson County, Texas; and, said 0.0358 acres being more fully described by metes and bounds and sketch in Exhibit "B" attached hereto. Exhibits "A" & `B" are incorporated herein by reference as if fully set out, for public road right of way, over under and across the Property located in Williamson County, Texas, and for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, Resolution No. f Date adopted: PCN, Parcel 1 100-2000-0009, Old Airport Road Page 1 of 5 straightening, extending, and operating the extension and improvement of Old Airport Road 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 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 system for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating the hereinafter described Project 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 related thereto as permitted by law (hereinafter the "Project"), 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. 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 proceed to condemnation on the Property, if necessary, 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 of and on behalf of the City, fee simple title to the Property or such lesser estates or property interests as are more fully described in the attached Exhibits, save and except oil, gas, and sulfur, as provided by law, as follows: Fee Simple Tract: Being a 0.0422 acre (1,840 square foot) tract of land situated in the Antonio Flores Survey, Abstract 235, Williamson County, Texas, and being a portion of Lots 1 & 2, Southworth Addition, a subdivision according to the plat thereof recorded in Document No. 9505986 of the Official Public Records of Williamson County, Texas, said Lots 1 & 2 described in a deed to Kid's Kottage, Inc., recorded in Document No. 2000056215 of the Official Public Records of Williamson County, Texas; and, said 0.0422 acres being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Drainaue Easement Tract: Being a 0.0358 acre (1,559 square foot) tract of land situated in the Antonio Flores Survey, Abstract 235, Williamson County, Texas, and being a portion of Lots 1 & 2, Southworth Addition, a subdivision according to the plat thereof recorded in Document No. 9505986 of the Official Public Records of Williamson County, Texas, said Lots 1 & 2 described in a deed to Kid's Kottage, Inc., recorded in Document No. 2000056215 of the Official Public Records of Williamson County, Resolution No. Date adopted: PCN, Parcel 1 100-2000-0009, Old Airport Road Page 2 of 5 Texas; and, said 0.0358 acres being more fully described by metes and bounds and sketch in Exhibit "B" attached hereto. 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 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, 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: l . 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 and a drainage easement on, over, under and across the real property described hereinabove and in the attached Exhibits "A" & "B", 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 and purposes as permitted by law. 2. That the City's employees, agents, and/or representatives are hereby authorized to: 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 Resolution No. Date adopted: PCN, Parcel 1 100-2000-0009, Old Airport Road Page 3 of 5 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 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 bona fide offer to purchase the Property; and g. 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. 7. This resolution shall be effective immediately upon adoption. Resolution No. Date adopted: PCN, Parcel 1 100-2000-0009, Old Airport Road Signatures on following page Page 4 of 5 RESOLVED by the City Council of the City of Georgetown this '�K day of 2019. ATTEST: Robyn De snore, City Secretary APPROVED AS TO FORM: Al'-ti Sky ass , First Asst. City Attorney Resolution No. Date adopted: PCN, Parcel 1 100-2000-0009, Old Airport Road Page 5 of 5 THE CITY OF GEORGETOWN: By: caa Dale Ross, Mayor August, 2019 0.0422 Acre Parcel Page 1 of 5 1 A►V :11-4 kwul County: Williamson Highway: I.H. 35 Project Limits: South of Williams Drive to Lakeway Drive RCSJ: 0015-08-150 CCSJ: 0015-08-144 PROPERTY DESCRIPTION FOR A 0.0422 ACRE RIGHT-OF-WAY PARCEL Description of a 0.0422 of one acre (1,840 square feet) parcel out of the Antonio Flores Survey, Abstract No. 235, Williamson County, Texas, same being a portion of Lot 1 and Lot 2, Southworth Addition, a subdivision of record in Document No. 9505986, Official Records, Williamson County, Texas, said Lots 1 and 2 being described in a deed to Kid's Kottage, Inc., of record in Document No. 2000056215, Official Public Records, Williamson County, Texas; said 0.0422 of one acre parcel being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found at the northeast corner of said Lot 1, being the northwest corner of a called 0.37 acre tract described in a deed to Ferdinand L. Tonn and wife, LaVerne Tonn, of record in Volume 546, Page 513, Deed Records, Williamson County, Texas, same being in the existing south right-of-way line of Old Airport Road; THENCE, with the north line of said Lot 1 and the existing south right-of-way line of Old Airport Road, S68°20'44"W 111.12 feet to a 1/2" iron rod with "McGray McGray" cap set at the northeast corner of this parcel, for the POINT OF BEGINNING having coordinates of N=10,217,103.29 E=3,134,622.38; 1) THENCE, with the east line of this parcel and the proposed right-of-way line, crossing said Lot 1, with a curve to the left, an arc distance of 86.94 feet, having a radius of 177.50 feet, a central angle of 28003'49", and a chord that bears S40032'17"W 86.07 feet, to a 1/2" iron rod with "McGray McGray" cap set; 2) THENCE, S26030'23"W, continuing with the east line of this parcel and said proposed right-of-way line, crossing said Lot 1 and said Lot 2, a distance of 72.88 feet to a 1/2" iron rod with "McGray McGray" cap set in the west line of said Lot 2 and the west line of said Kid's Kottage, Inc. tract, being the existing east right-of-way line of said Old Airport Road, from which a 1/2" iron rod found at a southwest corner of Lot 3 of said Southworth Addition subdivision and said Kid's Kottage, Inc. tract bears with a curve to the left, passing at an arc distance of 62.17 feet, a 40D nail with shiner found at the west corner of said Lot 2 and said Lot 3, continuing with said curve for a total arc distance of 151.17 feet, having a radius of 954.93 feet, a central angle of 09°04' 13", and a chord that bears SO4°05'29"W 151.01 feet; August, 2019 0.0422 Acre Parcel Page 2 of 5 3) THENCE, with the west line of this parcel, the west line of said Lot 2 and said Lot 1 and said Kid's Kottage, Inc. tract, and the existing east right-of-way line of Old Airport Road, with a curve to the right, passing at an arc distance of 8.01 feet, a 1/2" iron rod found at the west corner of said Lot 1 and said Lot 2, continuing with said curve to the right, a total arc distance of 79.85 feet, having a radius of 954.93 feet, a central angle of 04047'27", and a chord that bears N11°O1'19"E 79.82 feet to a 1/2" iron rod found at a northwest corner of said Lot 1 and said Kid's Kottage, Inc. tract; 4) THENCE, N43002'31"E, continuing with a north line of this parcel, the north line of said Lot 1 and said Kid's Kottage, Inc. tract, with the existing south right-of-way line of Old Airport Road, a distance of 39.53 feet to a 1/2" iron rod found at a corner in the north line of said Lot 1 and said Kid's Kottage, Inc. tract; 5) THENCE, N60039'15"E, continuing with a north line of this parcel, the north line of said Lot 1 and said Kid's Kottage, Inc. tract, with the existing south right-of-way line of Old Airport Road, a distance of 34.98 feet to a 1/2" iron rod found at a corner in the north line of said Lot 1 and said Kid's Kottage, Inc. tract; 6) THENCE, N68020'44"E, continuing with a north line of this parcel, the north line of said Lot 1 and said Kid's Kottage, Inc. tract, with the existing south right-of-way line of Old Airport Road, a distance of 16.93 feet to the POINT OF BEGINNING and containing 0.0422 of one acre, or 1,840 square feet of land within these metes and bounds, more or less. All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD83. All distances and coordinates are adjusted to surface values using a combined scale factor of 1.00011. Access is permitted to the highway facility from the remainder of the abutting property. August, 2019 0.0422 Acre Parcel Page 3 of 5 A parcel plat of even date was prepared in conjunction with this property description. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That I, Troy R. Thomas, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 141h day of August, 2019 A.D. SURVEYED BY: McGRAY & MCGRAY LAND SURVEYORS, INC 3301 Hancock Dr., Ste. 6 Austin, TX 78731 (512) 451-8591 TBPLS Firm# 10095500 M g llqlzvll Troy R. Thomas, Reg`Trofessional Land Surveyor No. 6130 Descriptions/IH 35 Georgetown/Kid's Kottage S T ........ ............. �R0 RYAN THQ p J W LL a LL a OWz It m OZWOOQd O W r4U'+ _ 0 ¢ ara>¢W O ¢ O2 2a Wa ra Ml0 Z LnLn a�p�LL^Ow Z -S -W -p CD II Nw Z07p ULL rN00 }O xcr ZZ Q r•Q�1 — U Q - wNa N}a} r x W¢ aW Q O O Z~ X- r}UJ mI.LLW 3ZNN >2 WL3 L'i win Nc�pa�uNwrwroaXwzONuwyx¢rm�rIa1 apaa=Nz �or>Zo�¢wzmjQZ,N�z>�N r}W¢�a r�^¢0r¢23o �O¢LL rwra W O0Zk ar 2z, Ld r�J-i Q�Q ZH Z W w N� r Uy � a-oruo V' lj W ro r O W¢aarzc�� a O 0)8z za po ZO in } Wz rw ~ WU Z$ZNWa.. 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R� / p lr a-1 ,pQ qh �O •Qi(p / ,/ �' \J mNM/ w \ / �O L� > \ a O N .'� �tiQ.,P�pQ W F- r-v w w c� , = C:Q1',�� �. � Q o M d O . -0 ao C NR \ Q f 4�, y\•�C7 / W ZW LC) C\jU I am un C N �\Lu a� Z ¢. by L 4'+ N (DON (I.0 w i�V, C) oaL)pIr \ Sd315 / �1 �� Cl U -- - Z Ln X W � a Z ~ U x F� Q Z Z L.L.I O 0� w a Ln LLJ U CD cr z Q � 0W O a O z U Y Ln O w0� r� u a— Q Q� 0 < Q: � J a_ Y w - U m M a m m m 0 w J IW W W m W C O1 v O Q iN1 N N J W m O O c0 Z to z Z J 0 Ln u W Q U In 61 0 N H V) U D Q r w O W Q IL August, 2019 0.0358 Acre Drainage Easement Page 1 of 5 F.xhihit R County: Williamson Highway: I.H. 35 Project Limits: South of Williams Drive to Lakeway Drive RCSJ: 0015-08-150 CCSJ: 0015-08-144 PROPERTY DESCRIPTION FOR A 0.0358 ACRE DRAINAGE EASEMENT Description of a 0.0358 of one acre (1,559 square feet) easement out of the Antonio Flores Survey, Abstract No. 235, Williamson County, Texas, same being a portion of Lot 1 and Lot 2, Southworth Addition, a subdivision of record in Document No. 9505986, Official Records, Williamson County, Texas, said Lots 1 and 2 being described in a deed to Kid's Kottage, Inc., of record in Document No. 2000056215, Official Public Records, Williamson County, Texas; said 0.0358 of one acre easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found at the northeast corner of said Lot 1, being the northwest corner of a called 0.37 acre tract described in a deed to Ferdinand L. Tonn and wife, LaVerne Tonn, of record in Volume 546, Page 513, Deed Records, Williamson County, Texas, same being in the existing south right-of-way line of Old Airport Road; THENCE, with the north line of said Lot 1 and the existing south right-of-way line of Old Airport Road, S68°20'44"W 111.12 feet to a 1/2" iron rod with "McGray McGray" cap set at the northeast corner of this easement, for the POINT OF BEGINNING having coordinates ofN=10,217,103.29 E=3,134,622.38; 1) THENCE, S28038'33"E, with the north line of this easement, crossing said Lot 1, a distance of 10.07 feet to a 1/2" iron rod with "McGray McGray cap set; 2) THENCE, with the east line of this easement, crossing said Lot 1, with a curve to the left, an arc distance of 80.85 feet, having a radius of 167.50 feet, a central angle of 27039'23", and a chord that bears S40°20'04"W 80.07 feet, to a point (unable to set, lies underneath an existing portable building's steps); 3) THENCE, S26030'23"W, continuing with the east line of this easement, crossing said Lot 1 and said Lot 2, a distance of 71.30 feet to a mag nail with "McGray McGray" washer set; August, 2019 0.0358 Acre Drainage Easement Page 2 of 5 4) THENCE, N72027'26"W, with the south line of this easement, crossing said Lot 2, a distance of 10.12 feet to a mag nail with "McGray McGray" washer set in the west line of said Lot 2 and the west line of said Kid's Kottage, Inc. tract, and being the intersection of the existing east right-of-way line of said Old Airport Road and the proposed right-of-way line, from which a 1/2" iron rod found at a southwest corner of Lot 3 of said Southworth Addition subdivision and said Kid's Kottage, Inc. tract bears with a curve to the left, passing at an arc distance of 62.17 feet, a 40D nail with shiner found at the west corner of said Lot 2 and said Lot 3, continuing with said curve for a total arc distance of 151.17 feet, having a radius of 954.93 feet, a central angle of 09'04' 13", and a chord that bears SO4°05'29"W 151.01 feet; 5) THENCE, N26030'23"E, with the west line of this easement and said proposed right- of-way line, crossing said Lot 2 and said Lot 1, a distance of 72.88 feet to a 1/2" iron rod with "McGray McGray" cap set at the beginning of a curve to the right; 6) THENCE, with a curve to the right, with the west line of this easement and said proposed right-of-way line, an arc distance of 86.94 feet, having a radius of 177.50 feet, a central angle of 28103'49", and a chord that bears N40132'17"E, 86.07 feet, to the POINT OF BEGINNING and containing 0.0358 of one acre, or 1,559 square feet of land within these metes and bounds, more or less. All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD83. All distances and coordinates are adjusted to surface values using a combined scale factor of 1.00011. Access is permitted to the highway facility from the remainder of the abutting property. August, 2019 0.03 5 8 Acre Drainage Easement Page 3 of 5 A parcel plat of even date was prepared in conjunction with this property description. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That I, Troy R. Thomas, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 14" day of August, 2019 A.D. 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