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BCRUA_R-10-08-25-7F 01 RESOLUTION NO. ' �D ' Dd' ZS''�7 F A Resolution of the BRUSHY CREEK REGIONAL UTILITY AUTHORITY Finding Public Convenience and Necessity and Authorizing Eminent Domain,if Necessary,for a Permanent Waterline Easement and a Temporary Construction Easement to Effectuate Construction of a Water Transmission Line (Parcel 17E—Devine) WHEREAS, in order to promote public health, safety, and welfare, the BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA") hereby finds that public convenience and necessity requires acquisition of a permanent water transmission line easement on, over, under, and across the property described by metes and bounds in the attached Exhibit "A," which exhibit is incorporated herein by reference as if fully set out, and subsequently referred to as the "Permanent Easement," and being acquired for construction, reconstruction, improvement, operation, use, maintenance, repair, replacement, and extension of an underground water transmission line and appurtenances thereto (the "Project"); and WHEREAS, in order to promote public health, safety, and welfare, BCRUA additionally finds that public convenience and necessity requires acquisition of a temporary construction easement on, over, under and across the following two parcels of land: (1) a fifty-foot (50') wide parcel totaling 21,086 square feet, more or less, extending all along the northern edge of the Permanent Easement and graphically depicted on Exhibit "A" as "Proposed Temporary Construction Easement (0.484 AC. — 21,086 SQ. FT.);" and (2) an irregularly-shaped parcel totaling 12,177 square feet, more or less, situated along the southern boundary of the Permanent Easement, and graphically depicted on Exhibit "A" as "Proposed Temporary Construction Easement (0.280 AC. — 12,177 SQ. FT.)," both of these parcels being subsequently referred to jointly as the "TCE," and being acquired for construction, excavation, staging, storage of materials and equipment, access, and all other purposes necessary to effectuate the Project; and WHEREAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of BCRUA lay out the Project and acquire the necessary easements upon, over, under and across the Permanent Easement and TCE for the purpose of construction, reconstruction, operation, and maintenance of the water transmission line and appurtenances thereto; and, 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 Permanent Easement, TCE and the Project; and WHEREAS, in order to acquire a permanent water transmission line easement on the property described in Exhibit "A," it will be or has been necessary for BCRUA's agents, representatives, or employees to enter upon the Permanent Easement for the purposes of surveying and establishing said land titles and to determine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of said easement; and, Resolution No. Declaring Public Convenience & Necessity (Transmission Line—Devine 17E) Page 1 of 3 r WHEREAS, in order to acquire a temporary construction easement on the TCE, it will be or has been necessary for BCRUA's agents, representatives, or employees to enter upon the TCE for the purposes of surveying and establishing said land titles and to determine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of said easement; and, WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for each of the parcels to be acquired for the Project; Now, THEREFORE, be it RESOLVED by the BRUSHY CREEK REGIONAL UTILITY AUTHORITY: 1. That in order to promote the public health, safety, and welfare, public convenience and necessity require the construction, reconstruction, improvement, operation, use, maintenance, repair, replacement, and extension of an underground water transmission line and appurtenances thereto on, over, under, across, and through the real property described by metes and bounds in the attached Exhibit "A," and the temporary use of the TCE to effectuate said public project. 2. That public convenience and necessity require acquisition of a permanent water transmission line easement for the purposes of construction, reconstruction, improvement, operation, use, maintenance, repair, replacement, and extension of an underground water transmission line and appurtenances thereto on, over, under, across, and through the real property described in the attached Exhibit"A." 3. That public convenience and necessity require acquisition of a temporary construction easement on, over, under and across the following two parcels: (1) a fifty-foot (50') wide parcel totaling 21,086 square feet, more or less, extending all along the northern edge of the Permanent Easement and graphically depicted on Exhibit "A" as "Proposed Temporary Construction Easement (0.484 AC. —21,086 SQ. FT.);" and (2) an irregularly-shaped parcel totaling 12,177 square feet, more or less, situated along the southern boundary of the Permanent Easement, and graphically depicted on Exhibit "A" as "Proposed Temporary Construction Easement (0.280 AC. — 12,177 SQ. FT.)," both parcels being required for purposes of construction, excavation, staging, storage of materials and equipment, access, and all other purposes necessary to effectuate the Project. 4. That BCRUA's agents, representatives, or employees are hereby authorized to: a. Lay out the exact location of the land area needed from the Permanent Easement, TCE, 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, the establishment and acquisition of the required easements, and the construction of the waterline, and appurtenances thereto; Resolution No. Declaring Public Convenience & Necessity (Transmission Line—Devine 17E) Page 2 of 3 r C. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the easements, and to conduct tests; d. Negotiate with the owners of any such properties for the purchase thereof; e. To purchase any necessary easements on, over, under and across the Permanent Easement and TCE, and execute all documents necessary to acquire such easements, all subject to express approval of the specific, negotiated terms by the Board of Directors; f. Initiate eminent domain proceedings against the owner(s) of the Permanent Easement for a permanent utility easement and the TCE for a temporary construction easement in the event the owner(s) fail to accept a bona fide offer to purchase the Permanent Easement and TCE; and g. Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 5. That all previous acts and proceedings done or initiated by BCRUA's agents, representatives, or employees for the establishment of the Project, including the negotiation for and/or acquisition of any necessary property rights in the Permanent Easement and TCE are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. 6. The President of the Board of Directors is hereby authorized to sign this resolution and the Board Secretary to attest thereto on behalf of BCRUA. 7. This resolution shall be effective immediately upon adoption. RE VED by t BRUSHY CREEK REGIONAL UTILITY AUTHORITY this day of 2010. ATTEST: BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: By: hn D. Cowman, Secretary MSit r,President Resolution No. k•ly'0 8- U'191r Declaring Public Convenience &Necessity(Transmission Line—Devine 17E) Page 3 of 3 a PROJECT: NEW HOPE ROAD Page 1 of 4 PARCEL: 17-E 1 COUNTY: WILLIAMSON OWNER: CITY OF CEDAR PARK EXHIBIT A PROPERTY DESCRIPTION DESCRIPTION OF A 0.271 ACRE (11,819 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIAM S. PARKER SURVEY, ABSTRACT NO. 9, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 4.0035 ACRE TRACT OF LAND CONVEYED TO LIONEL D. DEVINE BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006009983 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.271 ACRE (11,819 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a found 1/2" iron rod in the existing southerly right-of-way line of Old County Road 180, also known as New Hope Road (right-of-way width varies), being the northeasterly corner of said 4.0035 acre tract and the northwesterly corner of that called 5.53 acre _ tract of land (Tract 2), conveyed to the Lansford Family Limited Partnership by instruments recorded 4-. in Volume 2241, Page 56, Volume 2241, Page 59 and Volume 2241, Page 62 of the Official Records of Williamson County, Texas; THENCE, departing said existing southerly right-of-way line of County Road 180, with the common boundary line of said 4.0035 acre tract and said 5.53 acre tract, S 19002'02" E for a distance of 272.03 feet to a calculated point being the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, continuing with said common boundary line, S 19002'02" E for a distance of 33.92 feet to a calculated point, being the southeasterly corner of the herein described tract; w_. THENCE, departing said common boundary line, through the interior of said 4.0035 acre tract the following two (2) courses: 2) S 43008'58" W for a distance of 162.66 feet to a calculated point at the beginning of a curve to the right; 3) Along said curve to the right, having a radius of 1060.00 feet, an arc length of 199.36 feet, a delta angle of 10046'34", and a chord which bears S 48032'15" W for a distance of 199.07 feet to a calculated point in the southerly boundary line of said 4.0035 acre tract, same being the northerly boundary line of that called 5.044 acre tract of land conveyed to Lester L. Hahn and Bonnie Hahn by instrument recorded in Volume 837, Page 705 of the Deed Records of Williamson County, Texas; 4) THENCE, with the common boundary line of said 4.0035 acre tract and said 5.044 acre tract, S 83°50'53" W for a distance of 61.13 feet to a calculated point in the existing southerly right-of-way line of County Road 180, being the southwesterly corner of said 4.0035 acre tract and the northwesterly corner of said 5.044 acre tract, and being the A southwesterly corner of the herein described tract; a EXHIBIT PROJECT: NEW HOPE ROAD Page 2 of 4 PARCEL: 17-E COUNTY: WILLIAMSON OWNER: CITY OF CEDAR PARK 5) THENCE, departing said common boundary line, with the westerly boundary line of said 4.0035 acre tract, same being said existing southerly right-of-way line of County Road 180, N 10°50'07" W for a distance of 0.94 feet to a calculated point at the beginning of a non-tangent curve to the left, being the northwesterly corner of the herein described tract, from which a found cotton gin spindle in said existing southerly right-of-way line of County Road 180, being the most westerly northwest corner of said 4.0035 acre tract bears N 10°50'07" W, a distance of 424.32 feet; THENCE, departing said existing southerly right-of-way line of County Road 180, through the interior of said 4.0035 acre tract, the following two (2) courses: 6) Along said curve to the left, having a radius of 1030.00 feet, an arc length of 246.33 feet, a delta angle of 13°42'09", and a chord which bears N 50000'03' E for a distance of 245.74 feet to a calculated point; 7) N 43008'58" E for a distance of 178.49 feet to the POINT OF BEGINNING, containing 0.271 acres (11,819 square feet)of land, more or less. NOTE: There is also a 50.00 foot wide Temporary Construction Easement northerly of and parallel with Calls 6 and 7 of the above description, as well as a variable width Temporary Construction Easement southerly of and parallel with a portion of Call 2 and all of Call 3, both as depicted on the accompanying Parcel Plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. s That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the Y_ 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 Round Rock, Williamson County, Texas. M. Stephen Tr esdale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor OF Inland Geodetics, L.P. l °°°`°'°"°� .� 1504 Chisholm Trail Road, Suite 103 � ���P�; Round Rock, TX 786818 iYiSTCPF4EN 7Rt3ESCJAI.E �8 512-238-1200 4933 EXHIBIT " 3/09/10 PLAT TO ACCOMPANY DESCRIPTION @i] 1 _.3 1 n f O P, R O ` \-AE5 ¢o�' 25 0 50 100 R �� � J NG Fz���o� P.O.R. Scale 1"=100' G V� �0A2 \ O ., E ' 33 O IN Al 0 N � NT \ m \N, O \� D LIONEL D. DEVINE \N� Q (4.0035 AC.) DOC. NO. 2006009983 \0� O.P.R.W.C.T. P.O.B. 0 0.271 ACRES 0;/ g S 19°02'02" E z w 11,819 SO. FT. `'/ ea 33.92' a i 0 0 <W 0�s p,o � �6 D6' 4 PROPOSED TEMPORARY j/ hj �QOj \Yj LANSFORD FAMILY o CONSTRUCTION EASEMENT C� o ` / ,o y1 m _ � (0.484 AC. - 21.086 S0. FT.) / ^2 LIMITED PARTNERSHIP n V \ (5.53 AC.) siVOL. 2241, PG. 56 L- m w o��� 1:0 VOL. 2241, PG. 59 ph/ VOL. 2241, PG. 62 cn g L �� \ TRACT 2 p / 0 \ r O.R.W.C.T P o X 50' WIDE / /�hh U,\ O T.C.E. / /�Y CD Gi J_ _ _') - (e 7°05700° \4 - 397.50 \ G R 0•w DETAI PROPOSED TEMPORARY \ TAIL "A' CONSTRUCTION EASEMENT EXISTIN (0.280 AC. - 12,177 S0. FT.) \ �X1ST�� LESTER L. HAHN & BONNIE HAHN \ t VOL5a37, PG.)705 \ JAMES H. PALMER & I D.R.W.C.T. JUDY WEST PALMER 1 \ (3.70 AC.) DOC. NO. 9528570 \ TRACT TWO ` \ O.R.W.C.T ! PAGE 3 OF 4 10!LAN® � PARCEL PLAT SHOWING PROPERTY OF `I GEODETICS P LIONEL D. DEVINE PROFESSIONAL LAND SURVEYORS PARCEL 17-E 1504 CHISHOLM TRAIL RD. STE.103 COUNTY 0 ROUND ROCK,TX.78681 SCALE PROJECT PH.(512)238-1200,FAX(512)238-1251 1" C.R. 180 WILLIAMSON 3 EXHIBIT " A " 3/09/10 PLAT TO ACCOMPANY DESCRIPTION LEGEND F O 1/2"IRON ROD SET W/ALUMINUM CAP STAMPED ROW 1 0 1/2"IRON ROD FOUND UNLESS NOTED 0 1/2"IRON PIPE FOUND UNLESS NOTED Q CALCULATED POINT - 17 © COTTON GIN SPINDLE FOUND N 10050'07" W O FENCE POST I 0.94' fL PROPERTY LINE CENTER LINE S 03°13'42" E ( ) RECORD INFORMATION 0.70' P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE P.O.C. POINT OF CURVATURE NO. BEARING DISTANCE T.C.E. TEMPORARY CONSTRUCTION EASEMENT LI S 83050'53" W 61.13' NO ETOISCALE -x- FENCE D.R.W.C.T. DEED RECORDS OF L2 S 29045'13" E 30.73' WILLIAMSON COUNTY, TEXAS (1-2)(S 32057'26" E) (30.34') O.R.W.C.T. OFFICIAL RECORDS OF L3 S 46°51'02" E 58.18' WILLIAMSON COUNTY, TEXAS O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS L4 N 50043'04" W 20.20' OF WILLIAMSON COUNTY, TEXAS L51S 83050'53" W 1 76.21' - / LINE BREAK VVV 1-6 S 19002'02" E 56.53' L71 N I0°50'07" W 54.28' NUMBER RADIUS ARC LENGTH DELTA ANGLE CHORD DIRECTION CHORD LENGTH CI 1060.00' 199.36' 10046'34" S 48032'15" W 199.07' C2 1030.00' 246.33' 13042'09" N 50000'03" E 245.74' C3 1120.00' 143.36' 07020'03" S 43032'59" W 143.27' C4 1100.00' 59.92' Oo°07'16" S 48055'21" W 59.91' C5 980.00 213.76 12 29 51 N 49'23'54" E 213.34 - NOTES: 1) ALL BEARINGS SHOWN HEREON ARE BASED ON GRID BEARINGS. ALL DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, NOVEMBER 14, 2007, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013, 2) THE EASEMENTS SHOWN OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE LISTED ON COMMITMENT FOR TITLE INSURANCE. GF NO. 07042559, PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, EFFECTIVE DATE: NOVEMBER 15, 2007. 3) THE EASEMENT GRANTED TO BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. I OF WILLIAMSON AND MILAM COUNTIES BY INSTRUMENT RECORDED IN VOLUME 430, PAGE 697 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT THIS PARCEL, I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. OF M. STEPh4FfV TRU£SDALE M. STEPH N TRUESDALE i�q ,,, , REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 `s 4933 `fo LICENSED STATE LAND SURVEYORd� � � _- INLAND GEODETICS, L.P. 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 79681 .�. PAGE 4 OF 4 1 N LAN PARCEL PLAT SHOWING PROPERTY OF GEODETICS P LIONEL D. DEVINE N PROFESSIONAL LAND SURVEYORS PARCEL 17-E L.. # 1504 CHISHOLM TRAIL RD. STE.103 04 ROUND ROCK,Tx.78681 SCALE PROJECT COUNTY J PH.(512)238-1200.FAX(512)238-1251 1" = 100' C.R. 180 WILLIAMSON DATE: August 18, 2010 SUBJECT: BCRUA Board Meeting—August 25,2010 ITEM: 7F. Consider a resolution finding Public Convenience and Necessity and authorizing Eminent Domain, if necessary,for a Permanent Waterline Easement and a Temporary Construction Easement to Effectuate Construction of a Water Transmission Line for Parcel 17E for Lionel D. Devine. Presenter: Michael Thuss Program Manager Justification: BCRUA requires a permanent and a temporary construction easement on this property for the construction of the Treated Water Transmission Line, Segment 2C Project. Funding: Funds are available in the Program Budget and the FY'10 Spending Plan to pursue these easements. There is no cost associated with this resolution.