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HomeMy WebLinkAboutRES 112321-G - WCMUD No.25 TCS Esmt.RESOLUTION NO.� A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS CONSENTING TO THE USE OF EMINENT DOMAIN BY WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 25 TO ACQUIRE DRAINAGE EASEMENTS OUTSIDE OF THE BOUNDARIES OF THE DISTRICT. WHEREAS, the City of Georgetown ("City"), HM Parkside, LP, a Texas limited partnership ("HM Parkside"), HM CR 176-2243 LP, a Texas limited partnership affiliated with HM Parkside ("HM- CR"), and Williamson County Municipal Utility District No. 25 ("WCMUD No. 25") entered into the Second Amended and Restated Consent Agreement dated as of October 17, 2019, and recorded under Document No. 2019117039, Official Public Records of Williamson County, Texas; as amended by the "First Amendment to Second Amended and Restated Consent Agreement" dated as of June 8, 2021 and recorded under Document No. 2021120970, Official Public Records of Williamson County, Texas (collectively, the "Second Consent Agreement"). WHEREAS, the City, HM Parkside, and HM-CR also entered into the "Development Agreement Parkside on the River Subdivision" dated as of November 19, 2019, and recorded under Document No. 2019117041, Official Public Records of Williamson County, Texas, as amended by and partially assigned to HM Parkside Development, Inc., a Texas corporation ("HM Development") by the "First Amendment to and Partial Assignment of Development Agreement Parkside on the River Subdivision" dated as of December 8, 2020, and recorded under Document No. 2020162167, Official Public Records of Williamson County, Texas, and by the "Second Amendment to Development Agreement Parkside on the River Subdivision" dated as of May 25, 2021, and recorded under Document No. 2021082512, Official Public Records of Williamson County, Texas (collectively, the "Development Agreement"). WHEREAS, Section 4.03 of the Development Agreement requires detention to be provided in accordance with the City's Unified Development Code, except as follows: "the City will allow fully developed flows from the portions of the Remainder Property that drain to the Barton Tributary or directly to the River to be discharged from water quality ponds via easements to be granted (or acquired) by Owner at no cost to the City into the Barton Tributary or River and no detention will be required. Stormwater runoff from the Remainder Property must produce no significant impact to the adjacent downtown stream properties," in accordance with that certain "Parkside on the River Detention Waiver Analysis & Floodplain Study" prepared by Stantec Consulting Services, Inc. and sealed by a licensed and registered professional engineer on March 25, 2019, as approved by the City's engineer (the "Project Study"). (All capitalized terms not defined in this Resolution shall have the meanings assigned to them in the Second Consent Agreement and the Development Agreement.) Resolution No. i t WCMUD No. 25 — Eminent Domain (TCS Easement)Page 1 WHEREAS, the Project Study calls for certain off -site drainage easements to be obtained on land (the "TCS Land") owned by Texas Crushed Stone ("TCS") and on land (the "Faubion Land") owned by Gordon W. Faubion ("Faubion"). WHEREAS, Williamson County (the "County") built improvements to County Road 176 and FM 2243, which also require drainage easements over the TCS Land and the Faubion Land, and HM Development and the County entered into a Drainage Improvements Participation Agreement dated June 23, 2020 (the "County Drainage Agreement") under which HM Development and the County agreed to cooperate to obtain drainage easements in a form acceptable to the City and the County from TCS (the "TCS Easement") and Faubion (the "Faubion Easement") as more particularly described in the County Drainage Agreement and Project Study. WHEREAS, by City Council Resolution No. 042721-AA the City authorized WCMUD No. 25 to use its powers of eminent domain to acquire the Faubion Easement. WHEREAS, WCMUD No. 25 has requested that the City authorize it to use its powers of Eminent Domain to acquire the TCS Easement, described by metes and bounds and surveyor's sketch in Exhibit A attached hereto, because WCMUD No. 25 will share the TCS Easement with the County. WHEREAS, Section 6.02 of the Second Consent Agreement provides, in pertinent part that, "Except as otherwise stated in this Agreement or a Development Agreement, no District is authorized to exercise the power of eminent domain to acquire any interest in property that is located outside the boundaries of that District as then approved by the TCEQ except when such power is exercised upon the express written consent of the City." WHEREAS, as required by Section 6.02 of the Second Consent Agreement, WCMUD No. 25 has asked the City to authorize WCMUD No. 25 to exercise the power of eminent domain to acquire the TCS Easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The meeting at which this Resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2. 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 3. The City Council of the City of Georgetown hereby grants its consent allowing WCMUD No. 25 to use its power of eminent domain to acquire the TCS Easement, described by metes and bounds and surveyor's sketch in Exhibit A attached hereto and made a part hereof by Resolution No. JJ 2.3z 1' la WCMUD No. 25 - Eminent Domain (TCS Easement)Page 2 this reference, subject to the following conditions: That the TCS Easement be consistent with the Development Agreement and Project Study and acceptable in purpose, duration, form and substance to the City. SECTION 4. The Mayor is authorized to sign the Resolution and the City Secretary to attest. SECTION 5. This Resolution shall become effective and be in full force and effect on its execution by the Mayor. PASSED AND APPROVED ON THE ATTEST: By: 1 Robyn gensmore, City Secretary APPROVED AS TO FORM: By: 'Siyi Mass n, City Attorney zyo� day of November, 2021. CITY OF GEORGETOWN, TEXAS EXHIBIT LIST: Exhibit A: TCS Easement Metes and Bounds and Sketch Resolution No. 123Z I WCMUD No. 25 — Eminent Domain (TCS Easement)Page 3 EXHIBIT "A" Williamson County, Texas DESCRIPTION AND SKETCH 2.039 Acres 1. Donagan Survey, A-178 OF EASEMENT TRACT Pagel of 6 FIELD NOTES DESCRIPTION DESCRIPTION OF 2.039 ACRES OF LAND IN THE I. DONAGAN SURVEY, ABSTRACT NO, 178, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 190.40 ACRE TRACT DESCRIBED IN THE DEED TO TEXAS CRUSHED STONE COMPANY OF RECORD IN VOLUME 743, PAGE 47, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.039 ACRES OF LAND, AS SURVEYED BY LANDDEV CONSULTING, LLC, BEING COMPRISED OF TRACT 1 (1.317 ACRES), AND TRACT 2 (0.722 OF ONE ACRE), AND SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 1. 1.317 ACRES COMMENCING at a calculated point in the approximate centerline of the South Fork of the San Gabriel River, at the northwest corner of the said 190.40 acre tract, same being a re-entrant corner in the east line of a certain called 1,143.511 acre tract designed as Tract I and described in the deed to HM PARKSIDE, LP of record in Document No. 2018114043, Official Public Records of Williamson County, Texas, from which a''/z-inch iron rod with a plastic cap stamped "1847" found al an angle point in the west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre lracl bears S 01°52'09" E, a distance of 1,026.81 feel; THENCE S 01 °52'09" E, with (lie west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre tract, a distance of 626.15 feet to a calculated point for the northwest corner and POINT OF BEGINNING of the tract described herein; from which the said %-inch iron rod with a plastic cap stamped "1847" found at an angle point in the west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre tract bears S 01"52'09" E, a distance of 400.66 feet; THENCE leaving the east line of the said 1,143,511 acre tract, crossing the said 190.40 acre tract, with the north, east, and south lines of the tract described herein, the following Iwenly (20) courses and distances: I . S 82°41'00" E, a distance o f 63.31 feet to a calculated angle point, 2. S 71'25'17" E, a distance of95.54 feel to a calculated angle point, 3. S 68°01'05" E, a distance of 31.78 feet to a calculated angle point, 4. S 57' 18'45" E, a distance of 70.37 feet to a calculated angle point, 5. S 62°49'34" E, a distance of 79.52 feet to a calculated angle point, 6. N 85°29'50" E, a distance of 53.00 feet to a calculated angle point, 7. N 87°54'09" E, a distance of 106.48 feet to a calculated angle point, 8. S 82"38'29" E, a distance of 34.15 feet to a calculated point for the east corner of the tract described herein, 9. S 73°2038" W, a distance of 12.09 feet to a calculated angle point, 10. S 68011'32" W, a distance of 40.92 feet to a calculated angle point, II. S 60"32'55" W, a distance of29.38 feet to a calculated angle point, 12. S 75-58-35" W, a distance of 68.77 feet to a calculated angle point, 13. S 66°03'16" W, a distance of43.80 feet to a calculated angle point, 14. N 86-02'55" W, a distance of 32.31 feet to a calculated angle point, 15. S 72-35'52" W, a distance of 59.44 feet to a calculated angle point, 16. S 80° 13'S5" W, a distance of 65.46 feet to a calculated angle point; 17. S 80-16-00" W, a distance of 39.46 feel to a calculated angle point, 18. S 58-27-42" W, a distance of 16.99 feel to a calculated angle point, LanalDev Consulting, LLC • 5508 Highway 290 West, Suite 150, Austin, TX 78735 ^ (S12) 872-6696 TBPE Firm No. 16384 1 TBPLS firm No. 10194101 Williamson County, Tetras 2.039 Acres 1. Donagan Survey, A-178 Page 2 of 6 19. N 81-01'52" W, a distance of 64.16 feet to a calculated angle point, and 20. N 779 V56" W, a distance of 48.06 feet to a calculated point in the west line of the said 190.40 acre tract and the east line of the said 1,143,511 acre tract, for the southwest corner of the tract described herein, from which the said''/: -inch iron rod with a plastic cap stamped "1847" found at an angle point in the west line of the said 190.40 acre tract and the cast line of the said 1,143.511 acre tract bears S 01'52'09" E, a distance of 190.12 feet; THENCE N 01 °52'09" W, with the west 1 inc of the said 190.40 acre tract and the cast line of the said 1,143,511 acre tract, with the west line of the tract described herein, a distance of210.54 feet to the POINT OF BEGINNING and containing 1.317 acres of land, more or less. TRACT 2: 0.722 OF ONE ACRE COMMENCING at a calculated point in the approximate centerline of the South Pork of the San Gabriel River, at the northwest corner of the said 190.40 acre tract, same being a re-entrant comer in the east line of a certain called 1,143.511 acre tract designed as Tract I and described in the deed to HM PARKSIDE, LP of record in Document No. 2018114043, Official Public Records of Williamson County, Texas; THENCE, with the west line of the said 190,40 acre tract and the cast line of the said 1,143.511 acre tract, the following three (3) courses and distances: 1, S 01 "52'09" E, a distance of 1,026.81 feel to a V.-inch iron rod with a plastic cap stamped "1847" found at an angle point, 2. S 01 *10'35" E, a distance of 167.79 feet to a calculated point for an angle point, from which a 3/8-inch iron rod found bears S 01°12'20" E, a distance of2.69 feet, and 3. S 00°03'58" W, a distance of22.59 feet to a calculated point for the northwest comer and POINT OF BEGINNING of the tract described herein; THENCE leaving the east line of the said 1,143.511 acre tract, crossing the said 190.40 acre tract, with the north, east, and south lines of the tract described herein, the following twenty-eight (28) courses and distances: 1, S 85°07'30" E, a distance of 38.55 feet to a calculated angle point, 2. S 78"30'02" E, a distance of 61.29 feet to a calculated angle point, 3. N 86°25'44" E, a distance of 53.48 feet to a calculated angle point, 4. S 79*4 P37" E, a distance of 37.29 feet to a calculated angle point, 5. S 5800l'07" E, a distance of 31.46 feel to a calculated angle point, 6. N 69°55'06" E, a distance of 48.53 feel to a calculated angle point, 7. N 52°23'39" E, a distance of 67.37 feet to a calculated angle point, 8. N 47'28'19" E, a distance of 55.87 feel to a calculated angle point, 9. N 51*10'01" E, a distance of 51.39 feel to a calculated angle point, 10. S 78-41'26" E, a distance of 28.34 feet to a calculatcd angle point, 11, N 36�22'37" E, a distance of23.56 feet to a calculated angle point, 12. N 79.50'5 1" E, a distance of 41.55 feet to a calculated angle point, 13. N 72*31'07" E, a distance of 30.57 feet to a calculated angle point, 14. N 66°48'36" E, a distance of 32.44 feet to a calculated angle point, 15. N 86.22' 18" E, a distance of 25.95 feel to a calculated angle point, LandDev Consulting, LLC • 5508 Highway 290 West, Suite 150, Austin, TX 78735 (512) 872-6696 TBPE Firm No. 16384 1 TBPLS Firm No. 10194101 Williamson County, Texas 1, Donagan Survey, A-178 16. N 77°23'53" E, a distance of 22.52 feet to a calculated angle point, 17. N 65°25'35" E, a distance of 46.48 feet to a calculated angle point, 18. N 60045'55" E, a distance of 46.96 feet to n calculated angle point, 19. N 57°40'56" E, it distance of26,60 feel to a calculated angle point, 20. N 81-52-31" E, a distance of 4.85 feet to a calculated angle point, 21. S O4'20'45" W, a distance of 12.34 feet to a calculated angle point, 22, S 58°43'52" W, a distance of 95.37 feet to a calculated angle point, 23, S 74°34'29" W, a distance of49.46 feet to a calculated angle point, 24. S 61041'30" W, a distance of 156.24 feet to a calculated angle point, 25. S 66° l4'13" W, a distance of 68.73 feet to a calculnted angle point, 26. S 43°49'19" W, a distance of 83.44 feet to a calculated angle point, 27. S 58-34-41" W, a distance of97,35 feet to a calculated angle point, and 2.039 Aches Page 3 of 6 28. N 84°48' 12" W, a distance of 224.98 feet to a calculated point in the ~vest line of (lie said 190.40 acre tract and line cast line of the said 1,143.5 l 1 acre tract, for the southwest corner of the tract described herein, from which a h-inch iron pipe found at an angle point in the west line of the said 190.40 acre tract and the cast line of the said 1,143.511 acre tract bears S 00°03'58" W, a distance of 250.49 feet; THENCE N 00°03'58" E, with the west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre tract, with the west line of the tract described herein, a distance of 68.65 feet to the POINT OF BEGINNING and containing 0.722 of one acre of land, more or less. FOR A TOTAL AREA OF 2.039 ACRES, BEING ALL OF TRACT 1 (1.317 ACRES) AND ALL OF TRACT 2 (0.722 OF ONE ACRE). Bearing Basis: Texas Coordinate System, Cenual Zone, NAD83, Grid, THE STATE OF TEXAS KNOW ALL MBN BY THESE PRESENTS: COUNTY OF TRAV IS That 1, Ernesto Nnvnrrele, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the parcel of land described herein is based upon a survey performed upon the ground under my direct supervision during the month of March, 2021. WITNESS MY HAND AND SEAL at Austin,'rravis County, Texas, (his 03'a day of May 2021 A.D. LANDDEV CONSULTING, LLC 5508 Highway 290 West, Suite 150 Austin, Texas 78735 Ernesto Nnvarrete Registered Professional Land Surveyor No, 6642 —State of Texas AqE 0� ERNESTO NAVARRETE LandDev Consulting, LLC • 5508 Highway 290 West, 51.1ite 150, Austin, TX 78735 " (512) 872-6696 TDPC Firm No. 16384 1 TBPLS Firm No. 10194101 (1,143.511 ACRES) TRACT 1 HM PARKSIDE, LP DOC. NO. 2018114043 SPECIAL WARRANTY DEED�— O.P,R.W.C,TX. P.O.C. TRACT 1 fir. SOUTH FORK SAN GABRIEL RIVER TRACT 2CD I C� I (190.40 AC.) j WARRANTY DEED m TEXAS CRUSHED STONE I COMPANY U, VOL. 743, PG. 47, ID.R.W.C.TX. P 0' 200' 400' I. DONAGAN SURVEY, A-178 ca I GRAPHIC SCALE; 1 "=200' o P.O.B. W W-TRACT 1 0 cV N 0 p f N I� u (1,143.511 ACRES) TRACT 1 HM PARKSIDE, LP DOC. N0. 2018114043 SPECIAL WARRANTY DEED O.P.R.W.C.TX. I rn S 0110 E 167.79' 1847 [S 01'10'35" E] [167.70'] (N 03'29'00" E) (102.91') P.O.B. TRACT 2--4 TRACT 1 1.317 ACRES TRACT 2 0.722 ACRE A 3 f 8" IRF BRS: S01 12'20"E, 2.69' � M M ,•�j W Cn 0 '. o 00 M N C4 M o I p- 0 0 v N N u 1 /2" FILE No. 1380 (190.40 AC.) WARRANTY DEED TEXAS CRUSHED STONE COMPANY VOL. 743, PG. 47, D.R.W.C,TX. NOTES: 1. BEARING BASIS IS TEXAS COORDINATE SYSTEM, CENTRAL ZONE, NAD83, GRID. 2. DISTANCES SHOWN HEREON ARE SURFACE MEASUREMENTS, TO CONVERT SURFACE DISTANCES TO GIRD, MULTIPLY BY THE COMBINED SCALE FACTOR, 3. THE COMBINED SCALE FACTOR FOR THIS PROJECT IS 0.999861551, 4. SEE PAGE 6 OF 6 FOR LINE TABLE. LAND _SURVEY SKETCH to Accompany Description_ TRACT 1 — 1.317 ACRES N 5 U L T I N G, L U- TRACT 2— 0.722 ACRE SSOB HIGHWAY WEST, 9 5o I. DONAGAN SURVEY, ABSTRACT No. 178 A LISTI N, TTX X 7973 -9 5 O F F I D E: 5 1 2. 6 7 2. 5 6 9 6 T B P L 9 f 1 R FI N a. IQ Iv .l 1 .1 WILLIAMSON COUNTY, TEXAS 2,",lle ,' the "i:''\") 5.,,-Y\501 IAOV\5ecli;n 10 \fiel) II,,.:,\C.u,hei 51.— OC 42.", IlAllr A Ar E W $ k § y\ § / § / - % } y e / - - e ƒ k w \ }§ § [ \ j § k / j 2 Go- § \ } d§ § -j M k\ \\ _ ON § e § k§§ § / Q § / § §� La § \ m § § 0 ® ? \ j g \ \ @ < ) k \ @ $ § § © c a ® / § Q W g CD / § § CL co Q-! �� ° d §§ / ¥ .. I. �&Oef mowƒ B= k y¥ b d w W ¥ ®L �a \\f � 5 \ / -~±2 CI - _ ƒz- > -Wui kw3d g 7 ~ \ k �d w / z j ¥(0 § +ui v S § �%§u� 2 t v r \ - $ 04 g 910 z -a O R - M / 5 ®0 q A § �w;� \ a R - ul Cd a LD� G § - ƒ o z; 0 .10 6LaL $ | \ 3 p. @ S lW A JD S — J»-- ' � Aa9 3AOX§10S _ _ o§ :1;-w { ® R `#-z ` .t ■ oz' ■ 70 N 030 uAAd n¥mds » R gim ON '0 u �y ® \ 2 z:,. ' d' O� xS d nH k ..4 d ��<�• - V IM / L, R3a \Llq{+n8 < § / ;. LINE TABLE LINE BEARING DISTANCE L1 S 82'41'00" E 63.31' L2 S 711517" E 95.54' L3 S 6901'05' E 31.78' L4 S 57' 18'45" E 70.37' L5 S 62'49'34' E 79.52' L6 N 85'29'50" E 53.00' L7 N 8754'09" E 106,48' L8 S 82'38'29" E 34.15' L9 S 73'2038" W 12.09' L10 S 68' 11'32' W 40.92' L11 S 60'32'55" W 29.38' L12 S 7650'35" W 68.77' L13 S 66'03'16" W 43.80' 04 N 86'02'55" W 32.31' L15 S 72'35'52' W 59.44' L16 S 8913'55" W 65.46' L17 S 6916'00" W 39,46' L18 S 58'27'42" W 16.99' L19 N 81'01'52" W 64.16' L20 N 77'31'56" W 48.06' L21 N 01'52'09" W 210.54' L22 S 85'07'30" E 38.55' L23 S 7930'02" E 61.29' L24 N 86'25'44" E j 53.48' L25 S 7W41'37" E 1 37.29' FILE No. 1380 LINE TABLE LINE BEARING DISTANCE L26 S 58'01'07' E 31.46' L27 N 69'55'06" E 48,53' L28 N 52'23'39" E 67.37' L29 N 47'28'19" E 55.87' L30 N 51'10'01" E 51.39' L31 S 7W41'26' E 28,3e L32 N 3622'37' E 23.56. L33 N 79'50'51' E 41.55' L34 N 72'31'07" E 30.57' L35 N 66'48'36' E 32.44' L36 N 86'22'18' E 25.95' L37 N 77 23'53" E 22.52' L38 N 652535' E 46.48' L39 N 60'4555' E 46.96' L40 N 57*40*56' E 26.60' L41 N 81'52'31' E 4,85' L42 S 04'20'45" W 12.34' L43 S 58'43'52" W 95,37' L44 S 74'34'29" W 49.46' L45 S 61'41'30" W 156,24' L46 S 66103' W 68.7S L47 S 43'49'19" W 83.44' L48 S 5634'41' W 97.35' N 84'48'12" W 224.98' jL49 0 N 00'03'58" E 68.65, J�AND � SURVEY SKETCH to Accompany Description: TRACT 1 - 1,317 ACRES CONSULTING, L L 0 TRACT 2 - 0.722 ACRE 5508A U S T INN ,i T x - WEST, SUITE 150 I, DONAGAN SURVEY, ABSTRACT No, 178 °T PILT> -E . N D. e1 01 9 A61 O 19 6 WILLIAMSON COUNTY, TEXAS L \v',::: 1,\I 330 N-1.;It - lee N.�.�{(q �...,i,N� CAW.11CCT" 10\f•1fl Iri11'iL, a a1..1 51- OE E},1,., V,'IT M„T 161, 02'_U]I 11 �.,,,,, PAGE 6 OF 6