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.