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HomeMy WebLinkAboutRES 062519-C - Temp Construction EsmtRESOLUTION NO.&% V RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE GRANT OF A TEMPORARY CONSTRUCTION EASEMENT OVER A 1,207 SQUARE FOOT PORTION OF LOTS 1 AND 8, BLOCK 2, OF THE CITY OF GEORGETOWN AS DESCRIBED IN THE ATTACHED EXHIBIT "A". WHEREAS, the City of Georgetown ("City") has received a request from the current owner of property located at the north-east corner of Austin Avenue and 2^d Street, adjacent to the above described City property, for use of a 1,207 square foot portion of that City property for a temporary staging and construction area ("Temporary Construction Easement" or "TCE"). The area would be used for the staging of materials and equipment as well as work space. This area would be closed to the public during such use. The City property requested to be used is described by the metes and bounds with sketch on Exhibit "A" attached hereto (the "Property"); and WHEREAS, the City desires to facilitate this project for the improvement of the Downtown area, and realizes the necessity for this facilitation given the constrained nature of space in the Downtown; and WHEREAS, upon considering the request for TCE and additional information pertaining . to the request, the City Council finds that granting such a TCE is in the interest of the City to provide for development in the Downtown and within the Downtown TIRZ ; and 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 City Manager is hereby authorized to execute a Temporary Construction Easement in substantially the same form attached hereto as Exhibit "B" and to negotiate the terms, and execute other documents, to effect any and all extensions of this TCE as he may deem necessary, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. t625 % q - C Description: TCE, River Place Date Approved: 6 Z/ 19 Page 1 of 2 RESOLVED this '215 day of 2019, CITY OF GEORGETOWN ATTEST: BY: Dale Ross, Mayor Robyn Densmore, City Secretary �Irl APPROVED AS TO FORM: Charlie c ab , City Attorney STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this�lay 2019. i x'^lyt LINDA RUTH WHITE My Notary ID # 124936123 ,Ires May24, 2ozo of Public, S ate of Texas s Resolution No. O(o Z51 q Description: TCE, River Pl ce Date Approved: (o ""T I Page 2 of 2 Page 1 of 2 1207 Sq.Ft. Proj No. 22629 Block 2, City of Georgetown May 13, 2019 N. Porter Survey, A-497 0. Perry Survey, A-10 Williamson County, Texas DESCRIPTION OF EASEMENT DESCRIPTION OF A 1207 SQUARE FOOT TRACT OF LAND LOCATED IN THE NICHOLAS PORTER SURVEY, ABSTRACT 497, PATENTED IN CONFLICT WITH THE ORVILLE PERRY SURVEY, ABSTRACT 10, WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 8,400 SQUARE FOOT TRACT OF LAND BEING ALL OF LOT 1 AND A PORTION OF LOT 8, BLOCK 2, OF THE CITY OF GEORGETOWN SUBDIVISION, SAID 8,400 SQUARE FOOT TRACT OF LAND BEING CONVEYED TO THE CITY OF GEORGETOWN BY SPECIAL WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2006113587, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1207 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found for the southwest corner of said City of Georgetown Tract, same point being an interior corner of Lot 1, Block 1, RIVERPLACE GEORGETOWN SUBDIVISION, a map of which is recorded in Document No. 2019026920, said Official Public Records, and for the southwest corner of the herein described tract; THENCE, North 02°37'04" West, with the west boundary line of said City of Georgetown Tract, same line being the upper east boundary line of said Lot 1, Block 1, a distance of 60.10 feet, to a 1/2 inch iron rod with illegible cap found on the south right-of-way line of West First Street, an unimproved roadway, no dedication found to date, for the northwest corner of said City of Georgetown Tract, same point being an angle point in the upper east boundary line of said Lot 1, Block 1, for the northwest corner of the herein described tract; THENCE, North 87°21'56" East, with the south right-of-way of said West First Street, same line being the north boundary line of said City of Georgetown Tract, a distance of 20.09 feet, to a point for the common north corner of said Lot 1, Block 2, CITY OF GEORGETOWN and said Lot 8, Block 2, CITY OF GEORGETOWN, for the northeast corner of the herein described tract; THENCE, South 02°36'31" East, with the common boundary line of said Lot 1, Block 2 and said Lot 8, Block 2, a distance of 60.10 feet, to a point on a north boundary line of said lot 1, Block 1, for the common south corner of said Lot 1, Block 2 and said Lot 8, Block 2, and for the southeast corner of the herein described tract; }e STEGCIt�BIZZELL r4�" t� "ol" 1978 S. Austin Ave Georgetown, TX 78626 Page 2 of 2 Proj No. 22629 May 13, 2019 1207 Sq. Ft. Block 2, City of Georgetown N. Porter Survey, A-497 O. Perry Survey, A-10 Williamson County, Texas THENCE, South 87021'56" West, with said north boundary line of said Lot 1, Block 1, same line being the south boundary line of said City of Georgetown Tract, a distance of 20.08 feet, to the POINT OF BEGINNING, and containing 1207 square feet of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. The subject tract is an easement, monuments were not set for corners. I certify that this description was prepared from a survey made on the ground from July 2018, through February, 2019, under my supervision. Steger & Bizzell Engineering Inc. Miguel A. Escobar, LSLS, RPLS Texas Reg. No. 5630 1978 South Austin Avenue Georgetown, Texas 78626 (512) 930-9412 TBPLS Firm No. 10003700 P:\22000-22999\22629-Pfiester-2nd Street\Survey Data\Descriptions\22629-esmt-tce.docx STEGFIZ;IBIZZELL 1978 S. Austin Ave Georgetown, TX 78626 2 ' 10' 30' GRAPHIC SCALE: 1" = 30' 1481'. R 1481" z ILLEGIBLE LL2_ LOT 1, BLOCK 1 RIVERPLACE GEORGETOWN SUBDIVISION 20.1' DOC. NO.2019026920, OPR J 1,207 SO, FT. TEMPORARY CONSTRUCTION EASEMENT POB Line Table Line # I Direction Length L1 N 02'37'04" W 60.10' L2 N 87'21'56" E S 02'36'31" E S 87'21'56" W 20.09' 60.10' 20.08' L3 L4 CALLED 1.637 AC CITY OF GEORGETOWN VOL. 641, PG. 002, DR Ag1 POR��r1F�-�C'3 A �0 ��CNO p IN C 193 T( �E) P P 00O ' r1w4o 4pN CpvN 1140kN� WEST FIRST ST. (UNIMPROVED, NO DEDICATION FOUND) CALLED 8,400 SQ. FT LOT 1, AND PORTION OF LOT 8 CITY OF GEORGETOWN DOC. NO.2006113587, OPR N 87. 21' 66" E 119.92' LOT 1, BLOCK 1 RIVERPLACE GEORGETOWN SUBDIVISION DOC. NO.2019026920, OPR LEGEND i IRON ROD FOUND (1/2" OR AS NOTED) OPR OFFICIAL PUBLIC RECORDS OF WILUAMSON COUNTY, TEXAS DR DEED RECORDS OF WILUAMSON COUNTY, TEXAS POB POINT OF BEGINNING NOTES: 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 (2011)). ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.00013. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS SKETCH. 3. THE SUBJECT TRACT SHOWN HEREON IS AN EASEMENT, MONUMENTS WERE NOT SET FOR CORNERS. EXHIBIT OF 1,207 SQUARE FOOT EASEMENT OUT OF THIS IS TO CERTIFY THAT THIS SURVEY WAS MADE ON THE CALLED 8,400 SQUARE FOOT GROUND JULY, 2018 THROUGH FEBRUARY, 2019, BY ME OR LOT 1 AND A PORTION OF LOT 8, BLOCK 2 UNDER MY SUPERVISION, THAT THIS SURVEY PLAT CITY OF GEORGETOWN REPRESENTS THE FACTS FOUND AT THE TIME OF � �. RECORDED IN DOC. NO. 2006113S87, OFFICIAL PUBLIC RECORDS SURVEY. _ �� �� rl IN THE NICHOLAS PORTER SURVEY, A-497, PATENTED IN 4 CONFLICT WITH THE ORVILLE PERRY SURVEY, A-10 STEGER BIZZELL �:� �o ;rA WILLIAMSON COUNTY, TEXAS r 3zo MIG=U.E.ANOEL 0E,.'i �...... STE G E B I ZZ E L L4r �5MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S. ���►�FSSlpag• �inS;�ws71nAf N1VE - $foilcErow;txi3s:6 TEXAS REG. NO.5630 �p S.JFi. 512.930.9412 �e�uxneusi °c'rc I''£" °`I"A `"' �� STEGERBIZZELL.COM �iBPL5i�j4 KC.5mq70C- . DATE 05/13/2019 JOB NO. 22629 Exhibit "B" TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON This instrument is made on the _day of. 20_ at Georgetown, Texas, between the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409, Georgetown, Texas, 78627 (hereinafter referred to as "Grantor" or the "City"), and whose address is (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, a temporary construction easement and right-of-way on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, depicted on the diagram in Exhibit A attached hereto and made a part hereof for all purposes (herein referred to sometimes as the "Temporary Construction Easement Area" or the "Property"). 2. This Easement and the rights and privileges herein conveyed are granted for and in consideration ofthe sum of AND NO/100 DOLLARS ($ .00) and other good and valuable consideration, which is 1 % per month of an agreed estimated price of the land, pro -rated to the term in Paragraph 4 below, to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. This Temporary Construction Easement, with its rights and privileges, shall be used by Grantee only for construction purposes, namely for the purpose of temporarily storing supplies, trucks, construction vehicles, construction equipment, and utility equipment and related facilities on and within the Property, the construction of improvements on the Property, and for the purpose of traversing on, over and across the Property in connection with the proposed project to construct improvements either on an adjoining property or within the Property (the "Project), 4. This instrument and the Temporary Construction Easement shall be in effect from the date construction begins on the Project and shall expire upon completion of construction of the Project and the adjoining drainage easement, but no later than months from the date of execution hereof, whichever occurs first. 5. Grantee expressly agrees to return the Temporary Construction Easement Area to like or better condition, or as close thereto as is reasonably possible. Grantee is explicitly prohibited from removing, uprooting, or otherwise taking any trees on the Property. Grantee may undertake trimming of trees to the minimum degree necessary to maintain a safe work space and only under the following condition; HOWEVER, any such trimming shall 1) be under the direction and supervision of a registered arborist, and 2) not commence until written approval and direction has been provided by the City of Georgetown. Destruction of any tree in violation of the above conditions shall require mitigation as is required under the Unified Development Code. 6. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Temporary Construction Easement and the rights conveyed in this instrument to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 7. This Temporary Construction Easement, and the rights and privileges granted by this conveyance, are EXCLUSIVE to Grantee for the duration of this instrument, and Grantor covenants not to convey any other easement, license or other conflicting rights to use the area (or any portion of the area) covered by this grant for the duration of this instrument. 8. INDEMNIFICATION GRANTEE COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, BODILY INJURY OR DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY, DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO GRANTEE'S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF GRANTEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OF THE GRANTEE, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS AGREEMENT, ALL TEMPORARY CONSTRUCTION EASEMENT Page 1 of 2 River Place TCE Austin Ave. and 2"d WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW, THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY, GRANTEE SHALL PROMPTLY ADVISE THE CITY IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR THE GRANTEE KNOWN TO THE GRANTEE RELATED TO OR ARISING OUT OF THE GRANTEE'S ACTIVITIES UNDER THE AGREEMENT AND SHALL SEE TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT THE GRANTEE'S COST. THE CITY SHALL HAVE THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING THE GRANTEE OF ANY OF ITS OBLIGATIONS UNDER THIS PARAGRAPH. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE, SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF THE GRANTEE IS THE SOLE OR CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION TO THE EXTENT A NEGLIGENT ACT OF THE CITY IS A SOLE OR CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE: 1N THE EVENT THE INJURY, DEATH OR DAMAGE IS THE RESULT OF THE CONTRIBUTORY NEGLIGENCE OF BOTH THE CITY AND THE GRANTEE, THIS INDEMNITY SHALL APPLY ONLY TO THE EXTENT OF THE GRANTEE'S CONTRIBUTORY NEGLIGENCE. THE GRANTEE FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND IN THE NAME OF CITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST THE CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH OR DAMAGE FOR WHICH, AND TO THE EXTENT TO WHICH, THIS INDEMNITY SHALL APPLY AS SET FORTH ABOVE. This instrument contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 9. The terns of this instrument shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this _ day of 20_ GRANTOR: CITY OF GEORGETOWN, TEXAS, a Texas home -rule municipality By; Name: David Morgan Title: City Manager STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 20, by Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2 River Place TCE Austin Ave. and 2°d [Exhibit "A" to Temporary Construction Easement] Exhibit "A" to the Temporary Construction Easement is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Temporary Construction Easement prior to execution and recording.