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HomeMy WebLinkAboutRES 052819-D - PUE Downtown East GasRESOLUTION NO. W Z O l ct—D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN DECLARING A PUBLIC UTILITY EASEMENT ACROSS A PORTION OF LOT 5, BLOCK 1, OF THE ORIGINAL TOWN OF GEORGETOWN SUBDIVISION IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS WHEREAS, the City of Georgetown (the "City") is the current owner of Lot 5, Block 1, ORIGINAL TOWN OF GEORGETOWN SUBDIVISION, in the City of Georgetown, Williamson County, Texas, a map of which is recorded in Volume 5, Page 211 in the Official Public Records of Williamson County, Texas, said Lot 5 being conveyed to the City of Georgetown the deed recorded in Volume 1930, Page 944, said Official Public Records (the "Property"); and WHEREAS, the City seeks to improve utility service, including enchanced natural gas utility service, to properties located near the Property (the "Project"), and the Project requires extension of certain public utilities into a new public utility easement to serve the area surrounding the Property; and WHEREAS, upon considering the benefit conferred upon the Property and to the general public by the declaration of a Public Utility Easement across a portion of the Property as described and depicted in Exhibit "A" attached hereto, the City Council now finds that a public need for a Public Utility Easement exists; 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. The City Council hereby finds that the adoption of this resolution is not inconsistent or in conflict with any of the City's 2030 Comprehensive Plan policies. SECTION 2. The Mayor is hereby authorized to execute a Declaration of Public Utility Easement in substantially the same form attached hereto as Exhibit "B" and any other document(s) necessary to complete the declaration of the public utility easement described herein, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. — U Description: Declaration of a rublic Utility Easement, Downtown East Gas (A) Date Approved: ()S1 I:., Page 1 of 2 RESOLVED this day of 2019. CITY OF GEORGETOWN By: y X'Q., Dale Ross, Mayor APPROVED AS TO FORM: Charlie Mc abb, City Attorney ATTEST: Robyn bensinore, City Secretary Resolution No. Description: Declaration of a Public Utility Easement, Downtown East Gas (A) Date Approved: 051 2-SJAQ1 C\ Page 2 of 2 EXHIBIT A Surveyors • GPS • GIS • Construction Layout RONALD CARROLL SURVEYORS, INC. CO,NIART,111i1VT • HOYI-Sn • Ar((-RACI • ATLGRET) • RESPECT May 22, 2019 Field notes for 15' Wide Public Utility Easement for: CITY OF GEORGETOWN- "TRACT A" (9TH & MAIN) page 1 of 4 Part of Lot 5, Block 1 of the ORIGINAL TOWN OF GEORGETOWN, a subdivision in the City of Georgetown, in Williamson County, Texas, as it appears upon the map recorded in Volume 5, Page 211 of the Williamson County Deed Records, also known as BLOCK 52 of the CITY MAP OF GEORGETOWN TEXAS, an unrecorded subdivision, and embracing the tract described in the deed to The City of Georgetown, Texas, recorded in Volume 1930, Page 944, Part 2, of said Deed Records. COMMENCING at a Mag Nail set in a washer stamped "RCS INC RPLS 2025" at the intersection of the north line of East 9th Street, with the east line of South Main Street, for the southwest corner of Lot 7, Block 1 and a tract described in the deed to the City of Georgetown, Texas, recorded in Volume 674, Page 541 of said Deed Records, then run north 87 degrees-43 minutes-45 seconds east (deed call is East) along the north line of said East 9th Street, for the south line of said City of Georgetown tract, 120-47/100 feet to an "x" cut in concrete for the southeast corner of said Lot 7 and City of Georgetown tract, recorded in Volume 674, page 541 of said Deed Records, and being the southwest corner of Lot 8, Block 1, and said The City of Georgetown, Part 2 tract, and then run north 2 degrees- 37 minutes-40 seconds west (no deed call) along the east line of said Lot 7 and City of Georgetown tract recorded in Volume 674, page 541 of said Deed Records, for the west line of said Lot 8 and The City of Georgetown, Part 2 tract, 59-61/100 feet to a calculated point for the southeast corner of Lot 6 and a tract described in the deed to 815 Main Street, LLC., recorded in Document Number 2017073683 of said Official Public Records, the northwest corner of said Lot 8, the northeast corner of said Lot 7, and the southwest corner of said Lot 5, for the SOUTHWEST and BEGINNING CORNER OF THE 15 FEET WIDE PUBLIC UTILITY EASEMENT being described, from said calculated point, a '/2 inch iron rebar found with a cap stamped "DIAMOND" bears north 67 degrees-27 minutes east 0-36/100 of a foot. Thence north 2 degrees-37 minutes-40 seconds west (no deed call) along the east line of said 815 Main Street, LLC. tract, for the west line of said Lot 5 and The City of Georgetown tract, at 20-09/100 feet pass a calculated point for the northeast corner of said 815 Main Street, LLC., and being the southeast comer of Lot 613 1 of the AMENDING PLAT LOT 6, BLOCK 52, CITY OF GEORGETOWN, a subdivision to the City of Georgetown, in Williamson County, Texas, as it appears upon the map recorded in Document Number 2018052991 of the Williamson County Official Public Records, also being the southeast corner of another tract described in the deed to 815 Main Street, LLC., recorded in Document Number 2017055837 of said Official Public Records, from said 5302 S. 31 It Street • Temple, Texas e 76502 (254) 773-1447 • Fax (254) 773-1728 • info@resurveyors.com www.resurveyors.com + TBPLS Firm No. 10028400 May 22, 2019 page 2 of 4 Field notes for 15' Wide Public Utility Easement for: (continued) CITY OF GEORGETOWN- "TRACT A" (9TH & MAIN) calculated point, a Mag Nail found bears south no degrees-09 minutes east 7-93/100 feet, and continue along the east line of said Lot 6B1, in all, 38-42/100 feet to a Punch Hole found in the Concrete Drive for the northwest corner of said The City of Georgetown Part 2 tract, and the southwest corner of a tract described in the deed to Kevin C. Cummings, et al recorded in Document Number 2013062233 of said Official Public Records, and the northerly southwest corner of a tract described in the deed to Ida Taylor Cluck, recorded in Volume 392, Page 103 of said Deed Records, from said Punch Hole, a Mag Nail found, bears north 2 degrees-37 minutes-40 seconds west 1-64/100 feet. Thence north 87 degrees-22 minutes-35 seconds east (Cluck deed call is East) along the north line of said The City of Georgetown tract, for the northerly south line of said Cummins and Cluck tracts, 15-001100 feet to a "x" cut in the Concrete Drive, from said "x" cut in the Concrete Drive, a Mag Nail set with a washer stamped "RCS INC RPLS 2025" in the Concrete Drive for the northeast corner of said The City of Georgetown Part 2 tract, and a re-entrant corner of said Cummins and Cluck tracts, bears north 87 degrees-22 minutes-35 seconds east 5-051100 feet. Thence south 2 degrees-37 minutes-40 seconds east 38-52/100 feet to a calculated point in the called south line of said Lot 5, and being in the called north line of said Lot 8. Thence south 87 degrees-43 minutes-45 seconds west (no deed call) along said south line of Lo t5, for said north line of Lot 8, a distance of 15-001100 feet to the place of BEGINNING and containing 0-01/100 of an acre, as surveyed. See attached (2) 8 %2 by 14 inch sketches that accompany these field notes. The basis of bearings was taken from the Texas State Plane Coordinate System, Central Zone, NAD83 Datum, as obtained by GPS observations and referenced to the SMARTNET OF NORTH AMERICA Base Station "TXGN" in Georgetown, Texas. Surveyed March 6, 2018. RONALD CARROLL SURVEYORS, INC. Ronald Carroll, RPLS 2025 Vice President 18014 ATMOS 9TH&MAIN CITY GTOWN TRACT A EASE rev 052219 5302 S. 31 51 Street . Temple, Texas . 76502 (254) 773-1447 ■ Fax (254) 773-1728 • info@resurvey.!ars,com wvvw.resurvevors.com . 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Date: DECLARATION OF PUBLIC UTILITY EASEMENT 2019 Declarant: CITY OF GEORGETOWN, TEXAS, a Texas home - rule municipal corporation situated in Williamson County, Texas Declarant's Address: P.O. Box 409 Georgetown, Williamson County, Texas 78627 City: CITY OF GEORGETOWN, TEXAS, a Texas home - rule municipal corporation situated in Williamson County, Texas City's Address: P.O. Box 409 Georgetown, Williamson County, Texas 78627 Owner (whether one or more): Any and all future owner or owners ofthe fee interest or any portion ofthe Use Tract (whether such fee interest is obtained through a purchase, transfer, foreclosure sale, trustee's sale, or a deed in lieu of foreclosure) and their successors and assigns. Use Tract: All that parcel of land situated in Williamson County, Texas, described in the attached Exhibit A. Duration: Perpetual Use Purpose: To install, construct, operate, use, maintain, repair, modify, upgrade, monitor, inspect, replace, make connections with, remove, and decommission the Facilities. Downtown East Gas — CoG Map Section M-53 Declaration of Public Utility Easement Page 1 of 4 Facilities: Electric distribution and transmission lines, gas lines, raw, reclaimed, and potable water lines, wastewater lines, drainage channels, drainage conveyance structures, telecommunications lines, cable lines, and other public utilities with all associated appurtenances. Permitted Encumbrances: Any easements, liens, encumbrances, and. other matters not subordinated to the Use Tract and of record in the Real Property Records of the Texas county in which Use Tract is located that are valid, existing, and affect the Use Tract as of the Date. Non -Permitted Activity: Installation, construction, operation, use, maintenance, repair, modification, upgrade, and replacement of any structure, building, retaining wall, detention or water quality control, rainwater harvesting system, or other similar improvement in the Use Tract, including the installation, construction, operation, use, maintenance, repair, modification, upgrade, and replacement of no other improvement of any kind that: (i) is in such proximity to the Facilities as would constitute a violation of the National Electric Safety Code or any successor code in effect at the time the improvement is erected, or (ii) unless reviewed and approved in writing by the City, makes changes in grade, elevation, or contour of the land in the Use Tract which would impair City's access to the Facilities as determined by the City in its sole discretion Declarant DECLARES AND ACKNOWLEDGES by this instrument (the 'Declaration") the location of an exclusive public utility easement in, over, under, on, and across the Use Tract for the Use Purpose as may be necessary or desirable subject to the Permitted Encumbrances, together with (i) the right of ingress and egress at all times over, on, and across the Use Tract for use of the Use Tract for the Use Purpose, (ii) the right to eliminate any encroachments in the Use Tract that interfere in any material way or are inconsistent with the rights granted the City under this Declaration for the Use Purpose as determined by the City in its reasonable discretion, including without limitation the City's right to cut and trim trees and shrubbery and to remove any other obstructions as necessary to keep the obstructions clear of the Facilities, and (iii) any and all rights and appurtenances pertaining to use of the Use Tract. This Declaration is made by the Declarant as the underlying fee interest owner of Use Tract on the Date and as DEDICATED, RESERVED, AND RESTRICTED by this Declaration is for the Use Duration and Use Purpose binding the current and future use of the Use Tract, made for the benefit of the public, to run with the land, and binding all Owners of any interest in the Use Tract. Downtown East Gas — CoG Map Section M-53 Declaration of Public Utility Easement Page 2 of 4 This Declaration is not a grant to the City by the Declarant that would otherwise constitute a merger of title with any rights, interests, restrictions or encumbrances held by the City which will continue to be held by the City following the Date. Prior to transfer of the Use Tract by the City, this Declaration may be modified, amended or terminated upon the filing of such modification, amendment or termination in the Official Public Records of Williamson County, Texas, executed and acknowledged. Except where the context otherwise requires, Declarant includes Declarant's employees, agents, consultants, contractors, successors, and assigns; and where the context requires, singular nouns and pronouns include the plural. --- The remainder ofthispage is intentionally blank -- Downtown East Gas — CoG Map Section M-53 Declaration of Public Utility Easement Page 3 of 4 Executed effective the Date first above stated. CITY OF GEORGETOWN BY: azt, Mayor STATE OF TEXAS ATTEST: ACKNOWLEDGMENT City Secretary COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally �i Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to e to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. ,,l{� GIVEN UNDER MY HAND AND SEAL OF OFFICE this flayriL of , 20. r r siitiY LINDA RUTH WHITE ;,: ►; My Notary ID # 124936123 d4d Expires May 24, 2020 Nota y Public, St to of Texas APPROVED AS TO FORM: � A ��_ML AFTER RECORDING, RETURN TO: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 Downtown East Gas — CoG Map Section M-53 Declaration of Public Utility Easement Page 4 of 4 [EXHIBIT "A" to Declaration of PUE] Exhibit "A" to the Declaration of Public Utility Easement is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Declaration of Public Utility Easement prior to execution and recordation.