HomeMy WebLinkAboutORD 95-46 - SW Gtwn Industrial DistORDINANCE NO.
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WHEREAS, on December 17, 1986, the City Council passed Ordinance No. 86-67
creating the Southwest Georgetown Industrial District, for certain properties located within
the extraterritorial jurisdiction of the City of Georgetown;
WHEREAS, the City has amended Ordinance No. 86-67, which originally created
the Southwest Georgetown Industrial District, ("Industrial District"), and Ordinance No. 92-
30, which was the first extension of the Industrial District Agreement;
WHEREAS, the current owners of the property are the Georgetown Railroad
Company, Texas Crushed Stone, and the Leroy and Merle Weir Charitable Trust
(hereinafter "Owners");
WHEREAS, the Owners desire to extend the time period of the District;
WHEREAS, the City desires to obtain easements and land for the extension of
Leander Road and improve Railroad Street;
WHEREAS, the creation and extension of the Industrial District is authorized by
Section 42.044 of the Texas Local Government Code; and
WHEREAS, the City Council determines that the extension of the time period of
the District is in the best interest of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements Growth and Physical Development Policy 3 of the
Century Plan - Policy Plan Element, which states: "The City will establish annexation
Southwest Industrial Ordinance No. "
Page 1 of 3
procedures and standards that will benefit the community'; Facilities and Services Policy
1 of the Century Plan - Policy Plan Element, which states: 'The City will endeavor to
increase the quality of life through the upgrading of existing facilities and services and the
provision of new services to meet the specific needs of the community"; and further finds
that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan.
SECTION 2. The City Council and Owners understand that the current agreement
would expire on December 16, 1999, if not extended. The City Council hereby authorizes
the effective dates of Ordinances No. 86-67 and 92-30 relating to the Southwest
Georgetown Industrial District, as more fully described by metes and bounds in the
attached Exhibits A to be extended from December 16, 1999 until December 16, 2010.
SECTION 3. The City Council further authorizes the amendment of the agreement
with the Texas Crushed Stone and Georgetown Railroad Company upon the terms and
conditions set forth in the attached Exhibit B and the Leroy and Merle Weir Charitable
Trust upon the terms and conditions as set forth in the attached Exhibit C.
SECTION 4. All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any
force and effect.
SECTION 5. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable and be in full force and effect in ten (10) days on and after
publication in accordance with the provisions of the Charter of the City of Georgetown
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the
revised agreements with the Owners, and the City Secretary to attest thereto. This
ordinance shall become effective after signed by the Mayor and attested by the City
Secretary. The revised agreements shall be binding immediately upon execution by all
parties.
PASSED AND APPROVED on First Reading on the 22nd day of August, 1995.
PASSED AND APPROVED on Second Reading on the 26th day of September,
1995.
Southwest Industrial Ordinance No. 9
Page 2 of 3
0
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
'.Z�-w..
Marianne Landers Banks
City Attorney
Southwest Industrial Ordinance No.
Page 3 of 3
THE CITY OF GEORGETOWN:
By:
, Mayor
Exhibit A
Being those.tracts of land lorated.outside the corporate limits
but within the extraterr-i tori al jurisdiction of the City of
Georgetown, Texas, between the west right-of-way of I.H. 35
and R.M. 2243, owned or leased by Texas Crushed Stone -and
Georgetown Railroad, and being located within the John
Powell, Joseph Thompson, Lewis J. Oyches and Francis A.
Hudson surveys;
Beginning at a point on the west R.O.W. line of IH -35, said point
being the northeastern corner of a tract owned by Texas
Crushed Stcne and occ spi ad ..N�r.. Ki 1. c.•_�!.ai te. Inc. and said point
being located S 18":'1'18" W 256.42' from a point of tangency
on the west R.O.W. line of IH -35 located 196.5' west of
highway centerline -station 993+30.62;
4
Thence, along said west R.O.W. of IH -35 with the following six
(6) courses:
1. S 18"27118" W 2219.90' to a point of curvature to the
left at highway centerline station 1018.09.05;
2. along said curve to the left, having a central angle of
06''03'58", a radius of 11,6510.16', a chord bearing S
15„25.19" W, 1?.JJ.B?', Ter an ter- 'd_s}a. �- ,_ Cl'
to a point oT tangency at highway centerline staticn
1030+22.27;
J. S 12"23'18fflW, lli3.e6' to a point of curvature to the
lett;
along said curve to the left, having a central ancle oT
14"2SP42", a radius of 1L659.167, a chord bearing S
05"08'57" W, 2938.37', for an arc distance or 2946.21'
to a ccint of tangency at highway centerline station
1070-+-3 1 . 74 ;
5. S 02"05024" E, 615.1' to a point of curvature to the
right, being 200' west cf highway centerline station
-
61 and along said curve to the right, having a csntral•
angle oT 35^06'18", a radius of 1095.9', a chord bearing
S 15"27'42" W 661.0', for an arc distance of 671.4' to a
pCint on the west R.O.W. line of IH -35, being the
northeast corner of a certain tract purchased by
Westinghouse Electric Co. from Raymond Pearson, and
being on the common north Round Rock City Limit line and
the south Georgetown City limit line, Lor the southeast
corner o* the tract herein described;
Thence, along said common line and the north line of said
Westinghouse tract the following three (3) courses:
1. S 86"43'03" W 2.43.57' to an angle point;
.2. S 67^33'53" W 722.9S' to the northwest corner of -said
Westinghouse tract;
3. S 97^35'53' W 50.00' to the west line of the Georgetown
Railroad Company R.O.W.; -
Thence, S'6^41'24" W along•the Gecrgetown Railroad R.O.W. 580.3'
to a point far corner, said point being in the south line of
the John Powell Survey, Abstract 491 and the north line of
the E. Evans Survey, Abstract 212;
Thence, in a generally westerly course, following along the south
boundary line of the Texas Crushed Stone Company property
and the south line of the John Powell Survey, Abstract 491
with the following courses:
1. S 68^43'35" W 741.521
,
2. S 69^14'36" W 1,033.05',
3. S 69^27'24" W 342.28',
4. S SO^30003" W 46.67'7 and
5. S 69^16'40" W 1786.4501 to A point being the south west
corner of the tract described herein, and said paint
being one mile from the southeast corner of this tract
as described above and the limit of the City of
Georgetown's extraterritorial jurisdiction (E.T.J.);
Thence, N 2"30' W approximately 3650', to the intersection of 2
arcs describing the boundary of the City of Georgetown's
E.T.J. said arcs being defined by a one mile projection from
the western R.O.W. of IN -35;
Thence, N 06"00' E approximately 35SO'and S 64^ W approximately
ISOC' , tc� �.n arc defined by a one mile extension from the
most southwest corner o= the City limits.along RM 2243;
Thenc aionq a curve to the right with an 8500' chard bearino N
6C"50' a radius of "0' and a central angle a' 114^'0' to
a aci nt on the southern R.C.W. Cf RM 2243, sal f4 paint tei nC
alcnq the boundary of the City's E.T.J.;
Thence, along said southern R.O.W. N 83"30' E approximately 19CO'
to the northwest corner of a tract belonging to Texas
Crushed Stone said tract beinc more particularly descriCed
in a deer from L. G. and Merle P. Weir to A. C. Weir
recorded in vale 462 page 648 of the deed records of
Williamson County, Texas;
Thence,
continuing
said
along
said southern R.O.W. as follows:
N
e5"
E,
1790.70',
E,
2100,
N
N
el^
77"'
E,
E,
400.03',
676.29'
E,
and
to the westernmost limits of the City of
Georgetown
to the
along
RM
2243;
Thence,
following
said
City
.limits
S
15"16'38"
E,
2100,
N
74^43'22"
E,
172.39'
to the
point
of
beginning
of
a
to
the
left
and following
said
curve
having
a central
•of
170N08'
a
radius
of
2159.86'
and
a
long
chord
which
66^09.
22"___E,
643.
47'
for an
arc
di
stance
of
645.8!'
1
curve
•ang 1 e
.bears
Thence,
S
19^ E
1,''03. 92' ,
N
71..
E 36
'4' ,
N
77^
35'
E 665.05', and
N
18"48'
W
437.83' to the
Thence,
1,
2.
southern City limits,
along the City limits with the following six (6) courses:
N 57^35'22" E 1240.34' to the beginning of a curve to
the right,
along said curve, having a central angle of 01^57', a
radius of 11,209.16', a chord which bears N 58"33'52" E,
381.47' , for an arc distance of 381.49' to a point of*
tangency;
3. N 59^32122" E, 1477.66' to an angle point;
4. S 30^27'38@`E, 190.00' to an angle point;
5. parallel with and 420.00' southerly of . and normal to
said centerline of RM 2243'N 59^32'22" E, 892.30',
6. N 30^27'38" W 420' to the -south R.O.W. of RM 22431
Thence, along the southern R.O.W. of RM.2243 with the following
three (3) courses:
1. N 62" E, 6900
,
2. N 51^15' E 538.35',
3. N 45^15' E 987' to the
leased from Mrs, Merle
northeast corner of a tract
Weir to Texas Crushed Stone;
Thence al.cnc "!"e e.Fst orooertw l i.^.n of. said Mer:.:z •LIP;r tr:s:t S
18"10' E approximately 3175' to the, northwest corner of the
J. R. Barnes tract;
Thence, along the north property line of the Barnes tract
c 2670' to the northeast corner of t^e tract
descriter herein;
Thence, "310nc the east property line of the Barnes tract S 22"10'
C 2^ -,and S 21^04' E approximately 517' to the western City
limits, said Point being along the old western R.O.W. of
Georgetown Railroad;
Thence, a1cnS said
$ 09^35' 52•• W
the relocation
S C9^53 .. -� `
S 14^44120 *I
W,
western City limits as follows:
approximately 520' to point of curvature at
R.O.W. routing the railroad under 1H-35,,
approximately 650 feet, and
469.2 feet to a corner;
Thence, following said City limit line 5 60^42' E, 50' past the
Georgetown Railroad east. R.O.W. for a total of 743,5' to the
point o= beginning.
THE STATE OF •' i AMENDED •' AND
i
AGREEMENT BETWEEN TEXAS
COUNTYOF ' •'STONE,•' • RAILROAD •
AND THE CITY OF GEORGETOWN FOR
THE EXTENSION OF •
CITY OF #- iWN GEORGETOWN INDUSTRIALDISTRICT
THIS IS AN AMENDMENT AND EXTENSION TO THE CONTRACT AND
AGREEMENT relating to the establishment and continuation of the Southwest
Georgetown Industrial District, originally established by Georgetown Ordinance No. 86-
67, adopted by the Georgetown City Council on December 17, 1986, and amended by
City of Georgetown Ordinance No. 92-30, adopted by the Georgetown City Council on
November 10, 1992. Such original Contract and Agreement for the Southwest
Georgetown Industrial District is by and between the City of Georgetown, Texas, a
Home Rule Municipal Corporation ("City"), and Texas Crushed Stone Company, a
Texas Corporation ("TCS"), and Georgetown Railroad Company, Inc., a Texas
Corporation ("GRR"), which original agreement is filed of record at Volume 1515, Page
304 . When referenced in this Agreement, "parties" collectively refers to all of the
signatories to this Agreement, specifically the City, TCS and GRR.
WHEREAS, the City has amended Ordinance No. 86-67, which originally
created the Southwest Georgetown Industrial District ("Industrial District"), and
Ordinance No. 92-30, which was the first extension of the Industrial District agreement;
WHEREAS, TCS and GRR each own certain real property located within the
Industrial District, which is more fully described by metes and bounds in the attached
Exhibit A;
WHEREAS, in continuation of the original agreement and first amendment,
TCS, and GRR desire to show financial support for the City, without any obligation
whatsoever on the part of the City to provide any municipal services to the properties
described in Exhibit A;
WHEREAS, Section 42.044 of the Texas Local Government Code was
amended in 1993 to allow extensions of industrial district agreements for 15 year
terms;
WHEREAS, the Parties to this Agreement have agreed to extend the term of
the Industrial District for an additional 15 years, pursuant to this provision of the Texas
Local Government Code;
WHEREAS, all parties to the original Industrial District agreement have been
offered the same terms and conditions for extension of the Industrial District
Page 1 of 7 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City TCS GRR
agreement, as required by the Texas Local Government Code;
WHEREAS, the parties desire to set forth these agreements in writing;
NOW, THEREFORE, in consideration of the agreements set forth herein , the
City, TCS and GRR hereby agree as follows:
1. Original Agreement.
a. The City and TCS agree that the original Contract and Agreement for the
Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 304 of
the Official Records of Williamson County, Texas, as amended by the Amended
Contract and Agreement With Texas Crushed Stone executed on November 11,
1992, shall remain in effect with respect to the City and TCS, according to the terms
and conditions thereof, except to the extent that it is amended by the terms of this
Agreement.
b. The City and GRR agree that the original Contract and Agreement for the
Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 304 of
the Official Records of Williamson County, Texas, as amended by the Amended
Contract and Agreement With Georgetown Railroad Company executed on November
18, 1992, shall remain in effect with respect to the City and GRR, according to the
terms and conditions thereof, except to the extent that it is amended by the terms of
this Agreement.
2, Second Extension Agreement. In accordance with Ordinance No. 92-30,
adopted by the City Council of the City of Georgetown on November 10, 1992.
Effective as of October 1, 1995, the Southwest Georgetown Industrial District and the
original Contract and Agreement for the Southwest Georgetown Industrial District, as
previously amended, are extended for an additional fifteen years to October 1, 2010.
Subject to the provisions of this Agreement, during such fifteen year period the
Industrial District status will apply to the properties described in Exhibit A hereto ("the
property") and the Property will not be subject to annexation, in accordance with the
terms of this Agreement.
3, Annual Payments.
a. In further consideration for the second extension agreement, TCS agrees
to pay to the City during the term of this Agreement annual payments of $11,250.00
beginning October 1, 1995 and continuing through October 1, 1999; regular annual
payments of $15,000.00 beginning October 1, 2000 and continuing through October 1,
2009, when the last payment will be due. Such annual payments shall be in lieu of
TCS's payment of ad valorem taxes to the City during the term of this Agreement.
Page 2 of 7 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. TCS GRR
b.. In further consideration for the second extension agreement, GRR
agrees to pay to the City {$37,500.00} during the term of this Agreement in regular
annual payments of $1,000.00 beginning October 1, 1995 and continuing through
October 1, 1999; annual payments of $2,500.00 beginning October 1, 2000 and
continuing through October 1, 2004; and annual payments of $4,000.00 beginning
October 1, 2005 and continuing through October 1, 2009, when the last payment will
be due. Such annual payments shall be in lieu of GRR's payment of ad valorem taxes
to the City during the term of this Agreement.
4, Additional Consideration. As further consideration of this second
extension agreement, the following additional consideration shall be provided to the
City:
a. TCS agrees to make a lump sum payment in the amount of
$100,000.00 on or before September 30, 1995.
b. GRR agrees to convey to the City the interest it owns in the right
of way containing the old main railroad line from Highway 29 to
Leander Road, known partially as "Railroad Street" and containing
approximately 3.09 acres of land having an estimated value of
$20,085.00. GRR further agrees to donate to the City a 120 -foot
right of way easement for the extension of Leander Road with a
contractual license rather than an easement covering the place of
the railroad crossing over and across a strip containing
approximately 4.71 acres of land having an estimated value of
$81,558.00;
6. Miscellaneous Clauses.
a. Governing Law. This agreement has been made under and shall
be governed by the laws of the State of Texas. The parties agree that
performance and all matters related thereto shall be in Williamson
County, Texas.
b. Notices. All notices, requests or other communications required or
permitted by this Agreement shall be in writing and shall be sent by (i)
telecopy, with the original delivered by hand or overnight carrier, (ii) by
overnight courier or hand delivery, or (iii) certified mail, postage prepaid,
return receipt requested, and addressed tot he parties at the following
addresses:
City:
City of Georgetown
Page 3 of 7 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City TCS GRR
P.O. Box 409
Georgetown, Texas 78627
Attn: City Manager
City Attorney
Fax: (512)930-3622
TCS:
Texas Crushed
P.O. Box 1000
Georgetown, Tx
Stone Co., Inc.
78627
Attn: W.B. Snead
Fax: 512-244-6055
GRR:
Georgetown Railroad Co., Inc.
P.O. Box 529
Georgetown, Tx 78627
Attn: Mr. C.R. Turner
Fax: 512-869-2649
Addresses and telecopy numbers for notices required under this
Agreement may be modified as needed by giving notice as required in
this paragraph.
C, No Oral Modification/Complete Agreement. The original Contract
and Agreement for the Southwest Georgetown Industrial District, as
previously amended and as further amended and extended by this
Agreement and all exhibits thereto constitute the entire Agreement
between the CITY and TCS and GRR and supersedes all prior written or
oral understandings. This Agreement may only be amended,
supplemented, modified or cancelled by a duly executed written
instrument.
d. Waiver. No waiver by either party hereto of any term or condition
of this agreement shall be deemed or construed to be a waiver of any
other term or condition or subsequent waiver of the same term or
condition.
Page 4 of 7 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. TCS GRR
e. Exhibits. All exhibits attached to this Agreement are incorporated
by reference and expressly made part of this Agreement as if copied
verbatim.
f. Severability. In case any one or more of the provisions contained
in this agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or inability to
enforce shall not affect any provision thereof, and this agreement shall be
considered as if such invalid, illegal, or unenforceable provision had
never been contained in this Agreement, and in such event the parties
agree to modify this Agreement by mutual written agreement in order to
effectuate the legitimate intent of the parties to conform with applicable
law.
g. Termination. This Agreement may be terminated at any time by
mutual written agreement of the parties. In the event of default by either
GRR or TCS which continues after written notice from the City and a
reasonable cure period, the City by written notice may terminate this
Agreement as to the party in default and the defaulting party's land within
the land described in Exhibit A and in that event, (i) this Agreement shall
continue in force and effect as to the non -defaulting party and its
property, and (ii) as between the City and the defaulting party this
Agreement shall terminate, and as the City's sole remedy the defaulting
party's property within the land described in Exhibit A, immediately shall
become subject to annexation provided by law and the City shall be
entitled to retain all consideration theretofore paid or delivered by the
defaulting party.
h. Effect. The original Contract and Agreement for the
Southwest Georgetown Industrial District, as previously amended,
amended and extended by this Agreement, is ratified and confirmed.
i. Heirs, successors and assigns bound. The Parties agree that their
heirs, successors, executors, administrators, and assigns are hereby
bound to the terms and conditions of this Agreement.
j. Signatures warranted. The signatories to this Agreement
represent and warrant that they have the authority to execute this
Agreement on behalf of the City, TCS and GRR respectively.
Page 5 of 7 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. TCS GRR
EXECUTED this
of October 1, 1995,
THE CITY OF GEORGETOWN
By:
Leo Wood, Mayor
ATTEST:
Sandra D. Lee
City Secretary
Marianne Landers Banks
City Attorney
By:
ATTEST:
Corporate Secretary
day of
1995 but effective as
TEXAS CRUSHED STONE COMPANY
By:_
Title:
ATTEST:
Corporate Secretary
Page 6 of 7 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. TCS GRR
j
THE STATE OF .S SECOND AMENDEDCONTRACT
AGREEMENT WITH MERLE P. WEIR
COUNTY OF •, AND
LEROY AND MERLE
WEIR
CHARITABLE
1 .. TRUST
CITY OF • •
THIS IS AN AMENDMENT AND EXTENSION TO THE CONTRACT AND
AGREEMENT relating to the establishment and continuation of the Southwest
Georgetown Industrial District, originally established by Georgetown Ordinance No. 86-67,
adopted by the Georgetown City Council on December 17, 1986, and amended by City
of Georgetown Ordinance No. 92-30, adopted by the Georgetown City Council on
November 10, 1992. Such original Contract and Agreement for the Southwest
Georgetown Industrial District is by and between the City of Georgetown, Texas, a Home
Rule Municipal Corporation ("City"), and Merle P. Weir Estate and the Leroy and Merle
Weir Charitable Trust ("Weir"), which original agreement is filed of record at Volume 1515,
Page 297 . When referenced in this Agreement, "parties" collectively refers to all of the
signatories to this Agreement, specifically the City and Weir.
WHEREAS, the City has amended Ordinance No. 86-67, which originally created
the Southwest Georgetown Industrial District ("Industrial District"), and Ordinance No. 92-
30, which was the first extension of the Industrial District agreement;
WHEREAS, Weir owns certain real property located within the Industrial District
which is more fully described by metes and bounds in the attached Exhibit "A";
WHEREAS, in continuation of the original agreement and first amendment, Weir
desire to show financial support for the City, without any obligation whatsoever on the part
of the City to provide any municipal services to the properties described in Exhibit A;
WHEREAS, Section 42.044 of the Texas Local Government Code was amended
in 1993 to allow extensions of industrial district agreements for 15 year terms;
WHEREAS, the parties to this Agreement have agreed to extend the term of the
Industrial District for an additional 15 years, pursuant to this provision of the Texas Local
Government Code;
WHEREAS, all parties to the original Industrial District agreement have been
offered the same terms and conditions for extension of the Industrial District agreement,
as required by the Texas Local Government Code;
WHEREAS, the parties desire to set forth these agreements in writing;
Page 1 of 5 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. Weir
I EXHIBIT
NOW, THEREFORE, in consideration of the agreements set forth herein , the City
and Weir hereby agree as follows:
• . . ' i -- -
The City and Weir agree that the original Contract and Agreement for the
Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 297 of the
Official Records of Williamson County, Texas, as amended by the Amended Contract and
Agreement With Merle P. Weir Estate executed on November 11, 1992, shall remain in
effect with respect to the City and Weir, according to the terms and conditions thereof,
except to the extent that it is amended by the terms of this Agreement.
2, Second Extension Agreement. In accordance with Ordinance No. 92-30,
adopted by the City Council of the City of Georgetown on November 10, 1992. Effective
as of October 1, 1995, the Southwest Georgetown Industrial District and the original
Contract and Agreement for the Southwest Georgetown Industrial District, as previously
amended, are extended for an additional fifteen years to October 1, 2010. Subject to the
provisions of this Agreement, during such fifteen year period the Industrial District status
will apply to the properties described in Exhibit A hereto ("the property") and the Property
will not be subject to annexation, in accordance with the terms of this Agreement.
3, Annual Payments.
In further consideration for the second extension agreement, Weir agrees to pay
to the City during the term of this agreement annual payments of $100.00 throughout the
term of the Agreement, with the first payment being due and payable on October 1, 1995,
and continuing regularly and annually thereafter until October 1, 2010, when the last
payment will be due and payable. Such annual payments shall be in lieu of Weir's
payment of ad valorem taxes to the City during the term of this Agreement.
4. Miscellaneous Clauses.
a. Governing Law. This agreement has been made under and shall be
governed by the laws of the State of Texas. The parties agree that
performance and all matters related thereto shall be in Williamson County,
Texas.
b. Notices. All notices, requests or other communications required or
permitted by this Agreement shall be in writing and shall be sent by (i)
telecopy, with the original delivered by hand or overnight carrier, (ii) by
overnight courier or hand delivery, or (iii) certified mail, postage prepaid,
return receipt requested, and addressed tot he parties at the following
Page 2 of 5 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. Weir.
ov
X4 01
addresses:
City:
City of Georgetown
P.O. Box 449
Georgetown, Texas 78627
Attn: City Manager
City Attorney
Fax: (512)930-3622
Weir.,
Leroy and Merle Weir Charitable Trust
c/o Frost National Bank, Trustee
P.O. Box 2127
Austin, Tx 78768
Attn: Gordon May
Fax: (512) 473-4835
Addresses and telecopy numbers for notices required under this Agreement
may be modified as needed by giving notice as required in this paragraph.
C, No Oral Modification/Complete Agreement. The original Contract and
Agreement for the Southwest Georgetown Industrial District, as previously
amended and as further amended and extended by this Agreement and all
exhibits thereto constitute the entire Agreement between the City and Weir
and supersedes all prior written or oral understandings. This Agreement
may only be amended, supplemented, modified or cancelled by a duly
executed written instrument.
d. Waiver. No waiver by either party hereto of any term or condition of
this agreement shall be deemed or construed to be a waiver of any other
term or condition or subsequent waiver of the same term or condition.
e. Exhibits. All exhibits attached to this Agreement are incorporated by
reference and expressly made part of this Agreement as if copied verbatim.
f. Severability. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or inability to enforce
Page 3 of 5 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. Weir.
shall not affect any provision thereof, and this agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never
been contained in this Agreement, and in such event the parties agree to
modify this Agreement by mutual written agreement in order to effectuate
the legitimate intent of the parties to conform with applicable law.
g. Termination. This Agreement may be terminated at any time by
mutual written agreement of the parties. In the event of default by Weir
which continues after written notice from the City and a reasonable cure
period, the City by written notice may terminate this Agreement between the
City and the defaulting party this Agreement shall terminate, and as the
City's sole remedy the defaulting party's property within the land described
as Exhibit A immediately shall become subject to annexation provided by
law and the City shall be entitled to retain all consideration theretofore paid
or delivered by the defaulting party.
h. Effect. The original Contract and Agreement for the Southwest
Georgetown Industrial District, as previously amended, amended and
extended by this Agreement, is ratified and confirmed.
i. Heirs, successors and assigns bound. The Parties agree that their
heirs, successors, executors, administrators, and assigns are hereby bound
to the terms and conditions of this Agreement.
j. Signatures warranted. The signatories to this Agreement represent
and warrant that they have the authority to execute this Agreement on
behalf of the City and Weir, respectively.
EXECUTED this day of , 1995 but effective as of
October 1, 1995,
THE CITY OF GEORGETOWN
By:.
Leo
Wood, Mayor
LEROY AND MERLE WEIR CHARITABLE
TRUST
Bv:
Frost National Bank Trustee
Gordon D. May
Page 4 of 5 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. Weir
ATTEST:
Sandra D. Lee
City Secretary
• • • s A • • -
Marianne Landers Banks
City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
GTifl:�t•L�l�i�»���Z�l�r•t
This instrument was acknowledged before me on this the day of ,
1995, by Gordon D. May, a person known to me, Vice President and Trust Officer of
Frost National Bank in its capacity as Trustee for the Leroy and Merle Weir Charitable
Trust.
Notary Public in
State of Texas
and for the
Page 5 of 5 Second Amendment for Southwest Georgetown Industrial District
Initial as to Approval: City. Weir
ORO. q,5-'
''
11
Exhibit A'
Being those.tracts of land located, outside the corporate limits
but within the extra-terr-i tori al jurisdiction of the City of
Georgetown, Texas, between the west•ri.ght-of-way of I.H. 35
and R.M. 2243, owned or leased by Texas Crushed Stone -and
Georgetown Railroad, and being located within the John
Powell, Joseph Thompson, Lewis J. Dyches and Francis A.
Hudson surveys;
Beginning at a point on the west R.O.W. line of IH -35, said point
being the northeas�ern corner of a tract owned by Texas
Crushed Stcne and Inc_ and said point
being located S 18.7'18" W 258.42' from a point of tangency
on the west R.O.W. line of IH -35 located 196.5' west of
highway centerline station 993+30.62;
Thence, along said west R.O.W. of IH -35 with the following six
(6) courses:
1. S 18"27'18" W 2219.98 to a point of curvature to the
left at highway centerline station 1018+09.05;
21 along said curve to the left, having a central angle of
0 3
6''0 C ' S8" , aradius of 1 1 , 659.16' , a chord bearing S
J• 251 lam" W, tL. .J ..� G'!' , Tor �.n ;sr^
to a point of tangency at highway centerline station
1030+22.27;
�. S 12^2318" W, 1113.86' to a point of curvature to the
1eTt;
alcno said curve to the lett, having a central ancle of
1= 2E'42", a radius o: 11y659.16'1 a chord bearing S
OS^OE7S7" W, 2938.372, Tor an arc distance OT 2946.2'_'
to a point of tangency at highway centerline station
1070+31.74';
5, S 02^05'24" E, 615.1' to a point of curvature to the
right, being 200' west of highway centerline station
1076. 46.9;
61 and along said curve to the right, having a central
angle of 35"06'18", a radius of 1095.9', a chord bearing
S 15"27742" W 661.07, for an arc distance of 671.4' to a
point on the west R.O.W. line of IH -35, being the
northeast corner of a certain tract purchased by
Westinghouse Electric Co. from Raymond Pearson, and
being on the common north Round Rock City Limit line and
the south Georgetown City limit line, for the southeast
corner of the tract herein described;
Thence, along said common line and th
Westinghouse tract the following
1. S 86^43103" W 243.57' to an
.2. S 67^33753" W 722.98' to the
Westinghouse tract;
e north line of said
three (3) courses:
angle point;
northwest corner of said
3.
N 2^30'
S 87^33`
7"
W 50.00' to
the west
1`f
of
the
Georgetown
to
the
E,
intersection
N
of 2
7a^43722"
E,
172.39'
to
Rai
l ro� - Company R.O.W.;
of 5280'
and
beginning
a
central
angle
of
114^30'
curve
to
arcs,
describing
the
boundary
of the
cn the southern
City
of
of
Thence,
S•6^41'24"
E.T.J.
W
along•the
Georgetown
curve
Railroad
having
R.O.W.
580.3'
a central
by
a
one
mile
along the
projection
from
the
to
a
point
for corner,
said
point
being
in
the
south
line of
E,
643.47'
for
an
arc
Thence,
N 06"00'
E
the
645.8:',
John
Powell
Survey, Abstract
491
and
the
north
line of
W approximately
the
E. Evans
Survey,
Abstract
212;
1500'
to a.n
arc
defined
by
a one
mile
ex
tensi
en
from the
most
,
southwest
Thence,
in
a
generally
westerly
course,
-following
the
along
the south
boundary
.along
line of
the Texas
Crushed
Stone
Company
property
and
the
south line
of the
John Powell
Survey,
Abstract
491
with
the
following
courses:
1.
S 6e^43735"
W 741.52',
2,
S 69^14736"
W 1,033,08',
3,
S 69^27724"
W 342.28',
4.
S 80^30703"
W 46.67',
and
5.
S 69^16'40"
W 1796.45',
to a
point
being
the
southwest
corner
of the
tract described
herein,
and
said
point
being
one mile
from the
southeast
corner
of
this tract
`'
as described
above and
the limit
of the
City
of
Georgetown's
extraterritorial
jurisdiction
(E.T.J.);
Thence,
N 2^30'
the right
W
approximately
with
an 6600'
chord
bear
3650',
to
the
E,
intersection
N
of 2
7a^43722"
E,
172.39'
to
6C"50' W
a radius
of 5280'
and
beginning
a
central
angle
of
114^30'
curve
to
arcs,
describing
the
boundary
of the
cn the southern
City
of
of
Georgetown's
2243, said
E.T.J.
said
arcs
curve
being
having
defined
a central
by
a
one
mile
along the
projection
from
the
western
and
R.O.W.
long
of
IH -35;
bears
66^09022"
E,
643.47'
for
an
arc
Thence,
N 06"00'
E
approximately
645.8:',
3580'and
S
64^
W approximately
1500'
to a.n
arc
defined
by
a one
mile
ex
tensi
en
from the
most
,
southwest
corner
of
the
City
limits
.along
RM
2243;
Thence, aiong
a curve to
the right
said
with
an 6600'
chord
bear
ino
N
E,
210',
N
7a^43722"
E,
172.39'
to
6C"50' W
a radius
of 5280'
and
beginning
a
central
angle
of
114^30'
curve
to
a ocint
cn the southern
R.O.W.
to
of
RM
2243, said
point
being
curve
having
a central
angle
of
17^08'
along the
boundary
of the
City's
and
E.T.J.;
long
chord
which
Thence, along said southern R.O.W. N 83^30' E approximately 1900'
to the northwest corner of a tract belonging to Texas
Crushed Stone said tract being more particularly described
in a deed from C. G. and Merle P. Weir to A. C. Weir
recorded in vol. 462 page 646 of the deed records of
Williamson County, Texas;
Thence, continuing along said southern R.O.W. as follows:
N 85^ E, 1790.70'1
N B1^ E, 400.03', and
N 77^ E, 676.29' to the westernmost limits of the City or'
Georgetown along RM 2243;
Thence,
following
said
City
.limits
S
15^16'38"
E,
210',
N
7a^43722"
E,
172.39'
to
the
point
of
beginning
of
a
curve
to
the
left
and following
said
curve
having
a central
angle
of
17^08'
a
radius
of
2159.86'
and
a
long
chord
which
bears
66^09022"
E,
643.47'
for
an
arc
distance
of
645.8:',
ORD • C)
71
Thence,
S
19^ E
203.92'7
N
71^
E 361.'4'
,
N
77^
35'
E' 35.057,
N
18^48'
W
437.83' to
and
the southern City limits,
Thence, along the City limits with the following six (6) courses:
1. N 57^35122" E 1240.34' to the beginning of a curve to
the right,
2, along said curve, having a central angle of 01^57', a
radius of 11,209.16', a chord which bears N 5e^33'52" E,
381.47', for an arc distance of 381.49' to a point of
tangency;
3. N 59"32122" E, 1477.66' to an angle point;
4. S 30^27'38"-E, 190.00' to an angle point;
5. parallel with and 420.00' southerly of and normal to
said centerline of RM 2243'N 59^32'22" E, 892.30',
6. N 30^27038" W 420' to the -south R.O.W. of RM 2243,
ThencIe, along the southern R.O.W. of RM•2243 with the following
three (3) courses:
1. N 62" E, 690'7
2. N 51^15' E 538.357
,
3. N 45"15' E 987' to the northeast corner of a tract
leased from Mrs. Merle Weir to Texas Crushed Stone;
Thence • al.cnc the F-•st orooertu 1 i.. ^.n of• said Merl: 41eir 1r:3ct 5
18"10' E approximately 3175' to the. northwest corner of the
J. R. Barnes tract;
Thence, alone the north property line of the Barnes tract
N 69 15' E 2670' to the northeast corner of the tract
describer herein;
,Thence, 31onc the east property line of
c 2g3„nd S 21"04' E approximately
limits, said point being along the
Georgetown Railroad;
the Barnes tract S 22^10'
517' to the western City
old western R.O.W. of
Thence, along said western City limits as follows:
S 09^35'0241 W approximately 520' to point of curvature at
the relocation R.Q.W. routing the railroad under IH -351
S C9^53' Z" W approximately 650 feet, and
S 14"447200R W, 469.2 feet to a corner;
Thence, following said City limit line S 80^42' E, 50' past the
Georgetown Railroad east,R.O.W. for a total of 743.5' to the
{point of beginning.
SAVE AND EXCEPT all that certain 3.182 acre tract of land in the J. Powell
Survey, A491 Of Williamson County, Texas, and being out of and a portion of that
certain 895.98 acre tract of land which is a portion of the Estate of Merle P. Weir, and
being more particularly described by metes and bounds on Exhibit B attached hereto.
s
Thence, S 19 E 203.92',
N 71 ^ E 30 1/---.,4 .
N 77^ 35' E 85.057, and
N 18^48' W 437.83' to the southern City limits,
Thence, along the City limits with the following six
1. N 57^35722" E 1240.34' to the beginning of
the right,
2. along said curve, having a central angle of
radi.ss of 11 209 16' a chord which bears N
t6) courseso
a curve to
01^57', a
5e^=52" E,
a point of
normal to
892.30',
RM 2243,
Thence, along the southern R..O.W. of RM•2243 with the following
three (3) courses:
1. N 62^ E, 690',
2. N 51^15' E 538.35',
3. N 4` 15' E 987' to the northeast corner of a tract
leased from Mrs. Merle Weir to Texas Crushed Stone;
Thence: al.cnc the F =.st orocertw i i.^.n • of. sal d mer;. :2 •ulpi r tr:i_t S
18"10' E approximately 3175' to the. northwest corner of the
J. '?. Barnes tract;
Thence, along the north property line of the Barnes tract
c 2670' to the ncrtheast corner o= the tract
describes` herein;
Thence, aIonc the east property line of the Barnes tract S 22"10'
E 2S3' „nd 5 21^04' E approximately 517' to the western City
limits, said point being along the old western R.O.W. of
Georgetown Railroad;
Thence, aicnc said western City limits as follows:
S 09^35'52'4 W approximately 520' to point of curvature at
the relocation R.O.W. routing the railroad under IH -35,
W approximately 610 feet, and
c 14"44'.4 w, 469.2 feet to a corner;
Thence, following said City limit line S 80^42' E, 50' past the
Georgetown Railroad east. R.O.W. for a total of 743.5' to the
point o= beginning.
SAVE AND EXCEPT all that certain 3.182 acre tract of land in the J. Powell
Survey, A491 of Williamson County, Texas, and being out of and a portion of that
certain 895.98 acre tract of land which is a portion of the Estate of Merle P. Weir, and
being more particularly described by metes and bounds on Exhibit B attached hereto.
11 t
381.47',
I
foran arc
distance
of 381.49'
to
tangency;
3.
N
59^32'22"
E,
1477.66'
to
an angle
point;
4.
S
30^27138"'E,
190.00'
to
an angle
point;
5.
parallel
4ii
th
and 420.00'
southerly
of ,
and
said
centerline
of
RM
2243'N
59^32'22"
E,
6.
N
30^27'38"
W
420'
to
the -south
R.O.W.
of
t6) courseso
a curve to
01^57', a
5e^=52" E,
a point of
normal to
892.30',
RM 2243,
Thence, along the southern R..O.W. of RM•2243 with the following
three (3) courses:
1. N 62^ E, 690',
2. N 51^15' E 538.35',
3. N 4` 15' E 987' to the northeast corner of a tract
leased from Mrs. Merle Weir to Texas Crushed Stone;
Thence: al.cnc the F =.st orocertw i i.^.n • of. sal d mer;. :2 •ulpi r tr:i_t S
18"10' E approximately 3175' to the. northwest corner of the
J. '?. Barnes tract;
Thence, along the north property line of the Barnes tract
c 2670' to the ncrtheast corner o= the tract
describes` herein;
Thence, aIonc the east property line of the Barnes tract S 22"10'
E 2S3' „nd 5 21^04' E approximately 517' to the western City
limits, said point being along the old western R.O.W. of
Georgetown Railroad;
Thence, aicnc said western City limits as follows:
S 09^35'52'4 W approximately 520' to point of curvature at
the relocation R.O.W. routing the railroad under IH -35,
W approximately 610 feet, and
c 14"44'.4 w, 469.2 feet to a corner;
Thence, following said City limit line S 80^42' E, 50' past the
Georgetown Railroad east. R.O.W. for a total of 743.5' to the
point o= beginning.
SAVE AND EXCEPT all that certain 3.182 acre tract of land in the J. Powell
Survey, A491 of Williamson County, Texas, and being out of and a portion of that
certain 895.98 acre tract of land which is a portion of the Estate of Merle P. Weir, and
being more particularly described by metes and bounds on Exhibit B attached hereto.
11 t
WILLIAMSON COUNTY, TEXAS PAGE 1 OF 2
J. 'POWELL SURVEY ESTATE OF MERLE P. WEIR
"EXHIBIT .6
I
FIELD NOTE DESCRIPTION OF A 3.182 ACRE TRACT OF LAND IN THE J. POWELL SURVEY,
A-491 OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THAT
CERTAIN 895.98 ACRE TRACT OF LAND WHICH IS A PORTION OF THE ESTATE OF MERLE
P. WEIR BEING MORE PARTICULARLY DESCRIBED IN A DEED FROM A.C. WEIR, et ux TO
L.G. WEIR, et ux DATED SEPTEMBER 17, 1963 AND RECORDED IN VOLUME 462, PAGE 623-
626 OF THE DEED RECORDS OF SAID WILLIAMSON COUNTY, TEXAS, SAID 3.182 ACRES
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Commencing for reference at an iron rod with aluminum cap set for an interior corner of said 895.98
acre tract of land being the salient north corner of that certain 7.85 acre tract of land conveyed from
A.C. Weir, et ux to Georgetown Railroad Co. by deed dated February 11, 1964 and recorded in
Volume 466, Page 209-211 of said Williamson County Deed Records, and being on the west line of
the Georgetown Railroad 100 foot wide right-of-way;
Thence, S 29" 35' 10" W. along the east line of said 895.98 acre tract of land being the west line
of said 7.85 acre tract of land, a distance of 49.12 feet to an iron rod with aluminum cap set on the
north line of a 60 foot wide access easement;
Thence, along the north and west line of said access casement, the following two (2) courses,
1) N 71 ° 59' 23" W, a distance of 11.79 feet to an iron rod with aluminum cap set for an
angle point;
2) S 41 ° 21' 32" W, a distance of 52.00 feet to an iron rod with aluminum cap set for the
northeast corner of the herein described tract of land and True Point of Beginning;
Thence, along the east line of the herein described tract of land, the following three (3) courses;
1) S
41 ° 21' 32"
W, a
distance
of 165.26
feet
to
an iron rod with aluminum cap set for an
angle
point;
tract
of
tract
land;
2) S
38 ° 11' 50"
W, a
distance
of 111.68
feet
to
an iron rod with aluminum cap set for an
angle
point;
3) S
37" 17' 12"
W, a
distance
of 99.66
feet
to
an iron rod with aluminum cap set for the
southeast
corner
of the
herein
described
tract
of
land;
Thence, N
85" 02' 35" W, a distance of
272.94
feet to an iron rod with aluminum cap set for the
southwest
feet to an iron rod with aluminum cap set for the
corner of the
herein described
the
tract
of
tract
land;
Thence, N
4 ° 57'
25"
E. a distance of
364.68
feet to an iron rod with aluminum cap set for the
northwest
corner of
the
herein described
tract
of
land;
Thence, along the north line of the herein described tract of land, the following two (2) courses;
1) S 85 ° 02' 35" E, a distance of 328.00 feet to an iron rod with aluminum cap set for an
angle point;
2) S 66' 06' 14" E, a distance of 166.55 feet to the Point of Beginning and containing 3.182
acres of land, more or less.
The foregoing field notes and the plat attached hereto is a true and accurate representation of a
survey made on the ground in the month of May 1992 under the supervision of Ray D. Renner,
Registered Professional Land Surveyor No. 4436, State of Texas.
R enne rc� Regi ered Professional Land Surveyor No. 4436State of Texas
RAY DAVID RENNER
r 4436 L�
O r (+
Bearing Basis: Texas Lambert Grid, Central Zone, NAD 83
WP: SGES002B.003 s�iJ E
ACAD: SGES001B\003A.DWG
j
,. �
M
�? i br
POINT OF COMMENCEMENT \\
Salient North Corner
of 7.85 Acre Tract & `
Interior Corner of
895.98 Acre Tract
100 80 60 40 20 0 100
--jam.
GRAPHIC SCALE
0•
0
S
WIDE
ESS EASEMENT
895.98 Ac.
ESTATE OF MERLE P. WEIR J6 " = ti
VOL. 241, PG. 740-749 46B•;'.;i.:..:..:'..'.:i..: rph
WILLIAMSON CO. PROBATE RECORDS ?
SEE
A.C. WEIR, et ux
to
L.G. WEIR, et ux
VOL. 462, PG. 623-626
SEPT. 17, 1963
WILLIAMSON CO. DEED RECORDS
Q+
LEGEND
IRON ROD wf ALUMINUM CAP SET
LINE TABLEX9.
iz -
L1
S
29'
35' 10' W -
4
a9.12' '
L2
N
71
' 59 ' 23' W -
1 1 79 '
L3
5
41
232' w -
. // r
52.00 ' .(SnR
100 80 60 40 20 0 100
--jam.
GRAPHIC SCALE
0•
0
S
WIDE
ESS EASEMENT
895.98 Ac.
ESTATE OF MERLE P. WEIR J6 " = ti
VOL. 241, PG. 740-749 46B•;'.;i.:..:..:'..'.:i..: rph
WILLIAMSON CO. PROBATE RECORDS ?
SEE
A.C. WEIR, et ux
to
L.G. WEIR, et ux
VOL. 462, PG. 623-626
SEPT. 17, 1963
WILLIAMSON CO. DEED RECORDS
C 6<�
.0 E+•
40
RAY DAVID RENNER
�`°y 4436
•
1 hereby certify that this plot accurately represents tip
a survey completed on the ground by me or under �(S $ U Al
kmy supervision and is true and correct to the best (�1 '''•w•Oi�
of my knowledge. S U R V
Roy Renner
Regi eyed Professional Land Surveyor No. 4436
FIELD BOOK: 91,02 51.00 BEARING BASIS: Texas Lambert Grid, Central Zone, NAD 83
LOWER COLORADO RIVER AUTHORITY
CHIEF BRADY SUBSTATION
I
Q+
LEGEND
IRON ROD wf ALUMINUM CAP SET
C 6<�
.0 E+•
40
RAY DAVID RENNER
�`°y 4436
•
1 hereby certify that this plot accurately represents tip
a survey completed on the ground by me or under �(S $ U Al
kmy supervision and is true and correct to the best (�1 '''•w•Oi�
of my knowledge. S U R V
Roy Renner
Regi eyed Professional Land Surveyor No. 4436
FIELD BOOK: 91,02 51.00 BEARING BASIS: Texas Lambert Grid, Central Zone, NAD 83
LOWER COLORADO RIVER AUTHORITY
CHIEF BRADY SUBSTATION
I