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Home My WebLink AboutRES 062717-G - Encroach Transit Bus StopsRESOLUTION NO. 06ao I -7—G RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE MAYOR TO EXECUTE REVOCABLE LICENSE AGREEMENTS PERTAINING TO THE ENCROACHMENT OF CITY IMPROVEMENTS INTO FIVE PROPERTIES WITHIN THE CITY LIMITS OF GEORGETOWN. WHEREAS, the City of Georgetown (the City) is developing a fixed route bus system which requires the construction of concrete pads and signage for use as bus stops; and WHEREAS, the City has requested the use of portions of several properties within the City to allow the installation of these improvements and operation of bus stops on areas depicted in the Exhibits "A", "B", "C", "D" &""E'-, attached hereto (License Areas); and, WHEREAS; the improvements will be installed in such a manner as to comply with Americans with Disabilities Act and serve to provide access for bus riders to and from the public right of way; and, WHEREAS, the City and Licensees agree to accept the terms of the revocable license agreement as set forth in the Revocable License Agreement in substantially the same form attached hereto as Exhibit "F": NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution 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. SECTION 2. The Mayor is hereby authorized to execute a Revocable License Agreement in substantially the same form attached hereto as Exhibit "F". SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. Olo 01-1 11 6-3 - Description: Licenses to Encroach, 2017 Transit Bus Stops Date Approved: 1 Page 1 of 2 RESOLVED this day of StxtJ(� , 2017. CITY OF GEORGETOWN By - Dale - Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney ATTEST: Shelley Nowli.g, ity Secretary Resolution No. (Ol0-•-1 1-7 r G, Description: Licenses to Encroach, 2017 Transit Bus Stops Date Approved: LP lam-? a01� Page 2 of 2 4.A.a lava - BUS aSERVICE 7GL Co) PROG L"i I l.xn.ti MAPLE ST/SOUTHWESTERN BLVD STOP S Encroachment Approx. 5 ft. Approx.5 3 i' Encroachment Approx. 9 ft. Encroachment Approx. 12 ft. Proposed .'A As of 5/17/2017 N Feet 0 12.5 25 50 eX,Vo S00" t See City of Georgetown Constrcution Standard Details SD46, SD47, SD50, and Capital Metro Specification shelter specification S-1 for Bus Pad and Shelter Pad design. Legend Bus Route Orange Proposed Bus Stop BusStop_Buffer_2Ft ® Sidewalk BUS SERVICE G`°� 1AAS QUAIL VALLEY DR/CREEKSIDE LN STOP 6 �� Street QUAIL VALLEY DR ApproX• ROW LINE C.A. Doose & Company Doc. 2016020254 0.P.R.W11msn.Co.TX WCAD #R099174 1 Proposed �-1 As of 5/17/2017 N Stop 6 Feet 0 25 50 100 S See City of Georgetown Constrcution Standard Details SD46, SD47, SD50, and Capital Metro Specification shelter specification S-1 for Bus Pad and Shelter Pad design. Legend Bus Route Orange Proposed Bus Stop ,; BusStop_Buffer_2Ft 7GkLoGL"['OWN I LAA.S BUS SERVICE W 17TH ST/HART ST STOP 22 Proposed As of 5/17/2017 N 0 12.5 25 i ■ Feet 50 See City of Georgetown Constrcution Standard Details SD46, SD47, SD50, and Capital Metro Specification shelter specification S-1 for Bus Pad and Shelter Pad design. Legend Bus Route purple Proposed Bus stop BusSlop_Buffer_2FI Parcels BUS .SERVICE `'"'►��'"""" LIUTHER DRIRCCKMCCR DR I C.X,1ti STOP 26 Sierra Vista Sec. 3 ," Lot 1, Block A F/204, O. P.R. W.TX -41 Proposed As of 5/17/2017 0 12.5 25 50 Feet r �Croacfiiziet�t � � .1 Approx. 9 A. - mmmlllllhk-�� -W See City of Georgetown Constrcution Standard Details SD46, SD47, SD50, and Capital Metro Specification shelter specification S-1 for Bus Pad and Shelter Pad design. Legend Proposed Bus Stop B usS top_Buffer_2F tnew BUS Route Purple Parcels BUS SERVICE GGOKGL"TOWN ItXAS .. IVERBEND DR/DAWN DR STOP SS r i rA4 35 1 Proposed As of 5/17/2017 IV Feet 0 15 30 60 See City of Georgetown Constrcution Standard Details SD46, SD47, SD50, and Capital Metro Specification shelter specification S-1 for Bus Pad and Shelter Pad design. Lmytpiru * Stops Proposed Sidewalk Bus Route Blue anrce:s Exhibit "F" REVOCABLE LICENSE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON This is a Revocable License Agreement by and between the City of Georgetown, a Texas home -rule municipal corporation (hereinafter referred to as "LICENSEE"), and , a Texas Corporation, whose address is (hereinafter referred to as "LICENSOR"), owner of (Legal Description of land) as recorded in Document No. of the Official Deed Records of Williamson County, Texas, and located at ("hereinafter referred to as the "PROPERTY"), Georgetown, Williamson County, Texas. LICENSOR hereby grants a license to the said LICENSEE to permit the installation and maintenance of (concrete pad, sign, bench, trash can, shelter, sidewalk) to encroach square feet onto the PROPERTY, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the LICENSOR. Said improvements shall be for the purpose of providing pedestrian access to and from a bus stop location and shall be maintained by LICENSEE and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's easement. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, to the fullest extent allowed by law, including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities which may be incurred as a result of the proposed construction or actual construction. A. LICENSOR shall have the right at any and all times upon 180 days written notice to the LICENSEE, its representatives, successors or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the LICENSOR, and in such event, LICENSOR shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required. B. The Licensee shall have the right at any time upon 180 days written notice to the LICENSOR, to relinquish the use and possession of all or any part of the licensed area as it may so determine and to cancel said revocable license as to that part so relinquished. C. Upon the lawful termination of a revocable license issued hereunder, in whatsoever manner such termination may be made, LICENSEE, assigns, successors and License Agreement - Page 1 of 4 Filename and pathL:\Division\Gus\TRANSPORTATION SERVICES\CURRENT PROJECTS\2017 Transit\Right of Way\General File\June 27, 2017 Council item\Exh F dccx representatives, bind and obligate themselves to restore the Licensed Area to the original condition as it existed prior to any construction, or to fulfill any other reasonable conditions for the restoration of the licensed area which may be acceptable to LICENSOR. D. The breach or violation of any one of the terms, provisions, or conditions set forth in this Agreement shall be sufficient to constitute grounds for the cancellation and forfeiture of the revocable license. Any such cancellation and forfeiture may be exercised upon 180 days written notice by the LICENSOR to the Licensee, unless, at the expiration of such time, any such violation or breach has ceased or the Licensee is proceeding with all diligence and good faith to remedy any such violation or breach and thereafter continues without delay with such remedial work or correction until such violation or breach has been completely remedied. E. At all times during the construction and building of any structure within the PROPERTY: 1. The street and driveway shall be kept open for vehicular and pedestrian traffic in a reasonable manner and no obstruction of the sidewalks shall be allowed in such a way as to prevent the use thereof by pedestrians; 2. Dirt and other material removed from the building and construction of any such structure within a street, roadway, sidewalk or easement or the LICENSOR'S right-of- way shall not be allowed to remain on the street or sidewalk, but all such dirt and other materials shall be removed immediately at the sole cost, risk, liability and expense of Licensee; 3. All excavations and obstructions of any kind where allowed during the period of LICENSEE'S construction, shall be properly barricaded, and well illuminated during the night time, all subject to the approval of the Building Official. F. After the completion of the construction within a licensed area, the Licensee shall at his own cost and expense replace any sidewalks and surface of any streets that were damaged or removed in the construction of any structures or facilities in a condition equally as good as they were immediately prior to the time of excavation or construction. All damage, if any, to said sidewalks and streets caused by the construction, use, maintenance and operation by Licensee shall be repaired by and at the cost and expense of the Licensee. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE and the approval thereof by the LICENSOR. The license shall be filed of record in the Official Records of Williamson County, Texas. SIGNED and Agreed to on this day of , 20_ LICENSOR: M Title: License Agreement - Page 2 of 4 LICENSEE: 0 Name, title Corporation, a Texas Corporation Filename and pathL:\Division\Gus\TRANSPORTATION SERVICES\CURRENT PROJECTS\2017 Transit\Right of Way\General File\June 27, 2017 Council Item\Exh F docx [Exhibit "A" to Revocable License] The Exhibit "A" to the Revocable Licenses for each property is heretofore attached as Exhibit "A" through Exhibit `B" to the foregoing Resolution and will be attached accordingly to the each original Revocable License prior to execution and recording. APPROVED AS TO FORM: Assistant City Attorney STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 20_, by in his/her official capacity as on behalf of said corporation. a STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 20_, by Name, title , in his/her official capacity as {Corporation}, on behalf of said corporation_ Notary Public, State of Texas License Agreement - Page 3 of 4 Filename and path L:\Division\Gus\TRANSPORTATION SERVICES\CURRENT PROJECTS\2017 Transit\Right of Way\General File\June 27, 2017 Council Item\Exh F docx of A N 0 Pa iC.:C KL-; R.CUA VGkEOiTOWN Bus SERVICE AS T. LONE STAR C I R C - E OF CARE 611 P.,k& P= P.Aa —d IicnMon RECRE<ATIDN CENTER SHERA�TON p CONF CTR z P"k Z VFW P.6 m L ,nd .91 N 3rd FS I vi 41h 2 Idly IO OF 0,51 AM, c%' 0 T—1 V.0h SIf a 11 01 R Geo n CENTER F 60 ZZ > mF yah 6 0. U,T H. 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