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HomeMy WebLinkAboutRES 032222-AD - Berry Creek IntercepetorRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, FINDING PUBLIC CONVENIENCE AND NECESSITY FOR THE BERRY CREEK INTERCEPTOR PROJECT; AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR THE ACQUISITION OF REAL PROPERTY RIGHTS NECESSARY FOR THE PROJECT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to facilitate the transmission and treatment of wastewater and to preserve the financial investment of the public in its 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 of permanent easement rights to land totaling 4.674 acres, and temporary construction easement rights to land totaling 4.529 acres, Pinnacle Building Co., Inc. in the John Berry Survey, Abstract 51, and the Joseph Berry Survey, Abstract 63, Williamson County, Texas the "Property'), more or less, described as follows: Permanent Tract: Being A 4.674-ACRE STRIP OF LAND LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51 AND THE JOSEPH BERRY SURVEY ABSTRACT 63 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 116.60 ACRE TRACT DESCRIBED IN EXHIBIT "A" IN A DEED TO PINNACLE BUILDING CO., INC., RECORDED UNDER WILLIAMSON COUNTY CLERK'S DOCUMENT (W.C.C.D.) 2021008145 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); said 4.674-acre easement being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Temporary Construction Easement Tract: Being A 4.529-ACRE TRACT OF LAND LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51 AND THE JOSEPH BERRY SURVEY ABSTRACT 63 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 116.60 ACRE TRACT DESCRIBED IN EXHIBIT "A" IN A DEED TO PINNACLE BUILDING CO., INC., RECORDED UNDER WILLIAMSON COUNTY CLERK'S DOCUMENT (W.C.C.D.) 2021008145 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); said 4.529-acre easement being depicted by sketch in Exhibit "A" attached hereto. Exhibit "A" is incorporated herein by reference as if fully set out, for wastewater easement 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, extending, and operating the extension and improvement of Berry Creek Wastewater Interceptor in Williamson County, Texas. Resolution No. Q32227 lj Date adopted: 4'{GrC[JIR 2 Z, , Z,DZ-L PCN, Easesnents, Parcel I 100-1000-0004, BCI 1-3 Page 1 of WHEREAS, as provided for in Sections 251.001 and 273.001 of the Texas Local Government Code, the City finds and determines that the Property is necessary or convenient as a part of the wastewater/sewage system for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening,, extending, and operating the hereinafter described Project in Williamson County, Texas, including utility improvements, public utility infrastructure improvements, and/or other public uses and purposes related thereto as permitted by law hereinafter the "Project"), and it is necessary to acquire permanent and temporary easement rights in the Property as set forth in the attached exhibits. The City finds and determines that condemnation of the Property may be required. 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 wastewater utility infrastructure improvements, and appurtenances thereto, and for the use of any excavated materials from the Property for use in construction of such 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, Texas: That in order to promote the public health, safety, and welfare, public convenience and necessity requires the acquisition of permanent and temporary easement rights on, over, under and across the real property described hereinabove and in the attached Exhibit A", for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, extending, and operating of the Project in Williamson County, Texas, including utility improvements, 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; Resolution No. O3 ZZ Z 2- #D Date adopted: VAAxrcA. OZZ, PCN, Easements, Parcel I 100-1000-0004, BCI 1-3 Page 2 of 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 easements, and the construction of permanent 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 easement rights 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 easement rights 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. 6. 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. 7. 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, permanent easement rights to the Property or such lesser estates or property interests as are more fully described in the attached exhibit, save and except oil, gas, and sulfur, as provided by law, as follows: Permanent Tracts: Being A 4.674-ACRE STRIP OF LAND LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51 AND THE JOSEPH BERRY SURVEY ABSTRACT Resolution No. Date adopted: PCN, Easements, Parcel 1 100-1000-0004, BCI 1-3 Page 3 of 4 63 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 116.60 ACRE TRACT DESCRIBED IN EXHIBIT "A" IN A DEED TO PINNACLE BUILDING CO., INC., RECORDED UNDER WILLIAMSON COUNTY CLERK'S DOCUMENT (W.C.C.D.) 2021008145 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); said 4.674-acre easement being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Temporary Construction Easement Tract: Parcel 12 Being A 4.529-ACRE TRACT OF LAND LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51 AND THE JOSEPH BERRY SURVEY ABSTRACT 63 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 116.60 ACRE TRACT DESCRIBED IN EXHIBIT "A" IN A DEED TO PINNACLE BUILDING CO., INC., RECORDED UNDER WILLIAMSON COUNTY CLERK'S DOCUMENT (W.C.C.D.) 2021008145 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); said 4.529-acre easement being depicted by sketch in Exhibit "A" attached hereto. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 9. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of RoLk(&, , 2022. ATTEST: Robyn Den are, City Secretary APPROVED AS TO FORM: Skye MassortCity Attorney Resolution No. 03 ZZ7,Z. — OCZ Date adopted: V%= C),_ ZZ i 10M PCN, Easements, Parcel 1 100-1000-0004, BCI 1-3 Page 4 of THE CITY LIM this day of EORGETOWN: EXHIBIT A walker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 4.674 ACRE EASEMENT LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51 AND THE JOSEPH BERRY SURVEY, ABSTRACT 63 IN WILLIAMSON COUNTY, TEXAS FIELD NOTES FOR A 4.674 ACRE STRIP OF LAND LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51 AND THE JOSEPH BERRY SURVEY ABSTRACT 63 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 116.60 ACRE TRACT DESCRIBED IN EXHIBIT "A", IN A DEED TO PINNACLE BUILDING CO., INC., RECORDED UNDER WILLIAMSON COUNTY CLERK'S DOCUMENT (W.C.C.D.) 2021008145 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.). SAID 4.674 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE COMMON LINE BETWEEN SAID 116.60 ACRE TRACT AND A CALLED 58.6 ACRE TRACT REFERENCED IN A DEED TO TRUMAN M. WHITEAKER, RECORDED IN VOLUME 1025, PAGE 800 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE MOST WESTERLY SOUTHWEST CORNER OF SAID 116.60 ACRE TRACT BEARS S 01 °56'42" E — 67.51' AND S 01 °17'42" E — 120.46; THENCE N 01056'42" W — 62.65' WITH THE COMMON LINE BETWEEN SAID 116.60 ACRE TRACT AND SAID 58.6 ACRE TRACT TO A POINT AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING AN ANGLE POINT IN SAID COMMON LINE BEARS N 01 *56,42" W — 134.82' AND N 00*22'18" E — 183.35'; THENCE THROUGH THE INTERIOR OF SAID 116.60 ACRE TRACT, THE FOLLOWING FIVE CALLS: 1) S 75°12'28" E — 40.26' TO A POINT FOR ANGLE, 2) S 73°03'12" E — 1883.89 TO A POINT AT A NORTH CORNER OF THE HEREIN DESCRIBED EASEMENT, 3) S 20°48'10" E — 921.40' TO A POINT AT AN INTERIOR ELL CORNER OF THE HEREIN DESCRIBED EASEMENT, 4) N 78°15'20" E — 982.32' TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, 5) S 11°46'44" E — 60.00' TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE NORTH RIGHT OF WAY LINE OF FARM TO MARKET HIGHWAY 971 (VARIABLE WIDTH R.O.W.), BEING THE SOUTH LINE OF SAID 116.60 ACRE TRACT, FROM WHICH A 1/2" IRON ROAD FOUND MARKING THE SOUTHEAST CORNER OF SAID 116.60 ACRE TRACT BEARS N 77°58'59" E — 1562.70' AND A TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT FOUND IN SAID RIGHT OF WAY LINE FOR REFERENCE BEARS N 78*15'20" E — 350.96'; THENCE S 78015'20" W— 144.00'WITH THE NORTH RIGHT OF WAY LINE OF FARM TO MARKET HIGHWAY 971, ALONG THE SOUTH LINE OF SAID 116.60 ACRE TRACT TO A POINT AT A SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A TEXAS DEPARTMENT OF TRANSPORTATION BRASS CAP MONUMENT FOUND IN SAID RIGHT OF WAY LINE FOR REFERENCE BEARS S 78'15'32" W — 2250.24' THENCE THROUGH THE INTERIOR OF SAID 116.60 ACRE TRACT, THE FOLLOWING TWO CALLS: 1) N 11°44'40" W — 30.00' TO A POINT AT AN INTERIOR ELL CORNER OF THE HEREIN DESCRIBED EASEMENT, 2) S 78°15'20" W — 894.34' TO A POINT IN THE COMMON LINE BETWEEN SAID 116.60 ACRE TRACT AND A CALLED 59.41 ACRE TRACT, DESCRIBED IN TRACT TWO IN A PARTITION DEED TO JERRY PAT GIBSON, RECORDED IN VOLUME 1858, PAGE 107 OF SAID O.R.W.C.T., AT A SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH THE SOUTHWEST CORNER OF SAID 116.60 ACRE TRACT BEARS S 20'48'10" E-30.38'; THENCE N 20048'10" W, PARTWAY WITH THE COMMON LINE BETWEEN SAID 116.60 ACRE TRACT AND SAID 59.41 ACRE TRACT, PASSING AT 842.04' A CONCRETE MONUMENT FOUND MARKING AN INTERIOR ELL CORNER OF SAID 116.60 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 59.41 ACRE TRACT, A TOTAL DISTANCE OF 912.79' TO A POINT AT AN INTERIOR ELL CORNER OF THE HEREIN DESCRIBED EASEMENT; www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00582\1 Survey\1.5 Final Copies\Field Notes\FN-02-PRELIM-SENT-06-04-2020.docx THENCE N 73.03'12" W—1853.34', THROUGH THE INTERIOR OF SAID 116.60 ACRE TRACT, TO A POINT FOR ANGLE; THENCE N 75012'28" W — 21.09' CONTINUING THROUGH THE INTERIOR OF SAID 116.60 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 4.674 ACRES OF LAND, SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON MAY 21, 2019. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS AND THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. aF T WARREN L. SIMPSON, R.P.L.S.4122 WARREN L. SIMPSON PROJ NO. 3-00582 " 'cam s4122 `P* D oe` PLAT NO. A3-1812 • E55 a:' FIELD NOTE NO. 02 D Si,1R* MAP CHECKED: 06-04-2020 www.WalkerPartners.com GAProlects\3-00582\1 Survey\1.5 Final Copies\Field N otes\FN-02- P R ELI M-S ENT-06-04-2020.d ocx PINNACLE BUILDING CO., INC. LEGEND W o = WASTEWATER MANHOLE WW— = WASTEWATER LINE 0— = UTILITY POLE E — = OVERHEAD ELECTRIC LINE m = TELEPHONE RISER X — = FENCE EASEMENT AREA TEMPORARY CONSTRUCTION EASEMENT AREA 112" IRON ROD FOUND a TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT FOUND D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS W.C.C.D. WILLIAMSON COUNTY CLERK'S DOCUMENT O.P.R iV C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS SOUTHEAST CORNER OF CALLED 116.60 ACRE TRACT LINE TABLE LINE DIRECTION LENGTH L-1 N 01 ° 56' 42" W 62.65' L-2 S 75° 12' 28" E 40.26' L-3 S 11 ° 46' 44" E 60.00' L-4 S 78° 15' 20" W 144.00' L-5 N 11 ° 44' 40" W 30.00' L-6 N 75° 12' 28" W 21.09' L-7 S 01 ° 56' 42" E 67.51' L-8 S 01 ° 17' 42" E 120.46' L-8) S 01 ° 56' 30" E) 120.42') L-9 N 01' 56' 42" W 134.82' L-9) N 01 ° 17' 30" E) 264.90') L-10 N 00' 22' 18" E 183.35' L-10) N 03° 36' 30" E) 183.29') O.R.W.C.T. = OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PINNACLE BUILDING CO., INC. DEED CALLS CALLED 116.60 ACRES EXHIBIT'A' W.C.C.D.2021008145 O.P.R.W.C.T. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A TITLE REPORT PROVIDED BY IIVA WESTCOR LAND TITLE COMPANY, INC, GF NO,19058702, WHICH BEARS AN ,pwo ITEMS 1Oa -- IOe and 1 O Dg 10 k LISTED SC19. HEDULE V OF THE TITLES THAT OF SURN N 41" COMMITMENT AND ANY ADDITIONAL EASEMENTS THAT HE HAS BEEN y+°' ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER, THE SURVEYOR 8; DOES NOT GUARANTEE THAT THE SCHEDULE "B" LISTS ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF ' RECORD) WHICH MAY AFFECT THE SUBJECT TRACT. A EASEMENTS SHOWN IN SCHEDULE'B' THAT ARE NOT LOCATED WITHIN OR ADJACENT TO THE PROPOSED EASEMENT SHOWN HEREON: 10. a.) VOLUME 239, PAGE 147, D.R.W.C.T. 10. b. VOLUME 241, PAGE 134, D.R.W.C.T. 10. c. VOLUME 281, PAGE 113, D.R.W.C.T. 10. d. VOLUME 337, PAGE 261, D.R.W.C.T. z. 10. e. VOLUME 355, PAGE 39, D.R.W.C.T. 10. g. VOLUME 506, PAGE 586, D.R.W.C.T. 10. h. VOLUME 662, PAGE 944, D.R.W.C.T. 10. i. VOLUME 2161. PAGE 315, 0-R.W.C.T. k 10. k. WILLIAMSON COUNTY CLERK'S DOCUMENT 2002030441, O.P.R.W.C.T. EXPIRED) EASEMENTS THAT ARE LOCATED ADJACENT TO THE PROPOSED 4 EASEMENT AS SHOWN HEREON: 10. j. WILLIAMSON COUNTY CLERK'S DOCUMENT 2002030440, O.P.R.W.C.T. TRUMAN M. WHITEAKER CALLED 58.6 ACRES VOLUME 1025, PAGE 800 D.R.W.C.T I SURVEYOR'S NOTES: SURVEYED: MAY 21, 2019 6p 4.529 ACRE { TEMPORARY CONSTRUCTION EASEMENT L• ' L.6 S 75°12-28" E 53.05' L-10 L-9 L-1 L-7 L-8 N 01 °56'42" W - 41.77' FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: Z ' m OR m S 11°4V44" Z J m N JO_ S 78' 1620" W - 39.85' CITY OF GEORGETOWN 30' WIDE PUBLIC WATER L'4 AND WASTEWATER UTILITY L-5 EASEMENT W.C-C,D.2002D30440. O.P.R.W.C.T. V NAB 4S1q Z 5 rvl . Y s°p ?'ll 8 N o 4 Vv 912 9 N 2VO4 S 20°48'10" W - JERRY PAT GIBSON Z4 CALLED 59.41 ACRES 1 o TRACT TWO f r N VOLUME 1858, PAGE 107 O.R.W.C.T. N 4.674 ACRE N EASEMENT Splj 'L P y,50N GO EXHIBIT o OF A 4A74 ACRE EASEMENT AND A 4.529 TEMPORARY h CONSTRUCTION EASEMENT LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51, AND THE JOSEPH BERRY SURVEY, ABSTRACT 63, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 116.60 ACRE TRACT DESCRIBED IN EXHIBIT 'A', IN A DEED TO PINNACLE BUILDING CO., INC. RECORDED UNDER WILLIAMSON COUNTY CLERK'S DOCUMENT 2021008145 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. FIELD NOTE POINT OF BEGINNING GRID COORDINATES N: 10221154.09 E: 3146773.38 rjARIR EF• 9co wasrw IMP50 w w wr e. rw4- 1