HomeMy WebLinkAboutRES 051022-P - ROW Berry Creek HighlandsRESOLUTION NO. o5i C) Zz - P
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS CONDITIONALLY
AUTHORIZING ACCEPTANCE OF FEE SIMPLE TITLE
TO A 0.351-ACRE LIFT STATION LOT AND A 3.576-ACRE
RIGHT-OF-WAY TRACT IN THE BERRY CREEK
HIGHLANDS PHASE 113 SUBDIVISION, FROM BERRY
CREEK (GEORGETOWN) ASLI IX, LLC
WHEREAS, Berry Creek (Georgetown) ASLI IX, LLC ("Berry Creek") is
developing a residential neighborhood along SH 195, just north of Shell Road, known as
"Berry Creek Highlands"; and
WHEREAS, in order to connect to the City's wastewater system, Berry Creek must
construct a wastewater lift station to service the development, and in accordance with the
City's rules and regulations, the lift station must be deeded to the City upon completion
and acceptance; and
WHEREAS, Berry Creek desires to convey Lot 2, Block G of the Replat of Berry
Creek Highlands Phase 1B, a subdivision of record in document No. 2021189312 of the
Official Public Records of Williamson County, Texas, (the "Lift Station Lot") to the City,
Berry Creek is seeking modified terms within the deed of the Lift Station Lot; and
WHEREAS, the Amended and Restate Consent Agreement for the development,
recorded in Document No. 2019101328 of the Official Public Records of Williamson
County, Texas, additionally requires Berry Creek to deed the right-of-way for Shell Spur
a/k/a BCH Way, a roadway within Berry Creek Highlands, to the City via a special
warranty deed; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to accept these fee simple tracts via deeds with these modified terms;
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. Upon satisfaction of any outstanding title matters, City Staff is hereby
Resolution No. n,51 Q Z Z - P
Description: Acceptance of Berry Creek Highlands Phase I LS and ROW
Date Approved:
Page 1 of 2
authorized to accept the conveyance of the Lift Station Lot from Berry Creek to the City
in a form substantially similar to the Special Warranty Deed attached hereto as Exhibit A
and incorporated herein.
SECTION 3. Upon satisfaction of any outstanding title matters, City Staff is hereby
authorized to accept the conveyance of the BCH Way right-of-way in Berry Creek
Highlands Phase 1B from Berry Creek to the City in a form substantially similar to the
Special Warranty Deed attached hereto as Exhibit B and incorporated herein.
SECTION 4. The Mayor is hereby authorized to sign this Resolution and the City
Secretary to attest. This Resolution shall be effective immediately upon adoption and
execution by the Mayor.
PASSED AND AP ROVED on this day of qCW , 2022.
CITY OF GE R ETOWN ATTEST:
By: I
J h a Schroe , Mayor Robyn D stnore, City Secretary
APPROVED AS TO FORM:
Skye sson, City Attorney
Resolution No. OJ I O ?,2 - -P
Description: Acceptance of Berry Creek Highlands Phase 1B LS and ROW
Date Approved: M !D 17OZZ
Page 2 of 2
EXHIBIT A
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS. If you are a natural person, you may
remove or strike any of the following information from this instrument before it is filed
for record in the public records: Your social security number or your driver's license
number.
DATE: .20
GRANTOR: BERRY CREEK (GEORGETOWN) ASLI IX, LLC, a Delaware limited
liability company
GRANTOR'S MAILING ADDRESS (including County): 923 North Pennsylvania
Avenue, Winter Park, Orange County, Florida 32789
GRANTEE: City of Georgetown, a Texas home -rule municipal corporation
GRANTEE'S MAILING ADDRESS (including County): P.O. Box 409, Williamson
County, Texas 78627
CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable
consideration.
PROPERTY (including any improvements):
Lot 2, Block G, REPLAT of BERRY CREEK HIGHLANDS PHASE 113,
according to the map or plat thereof, recorded in Document No.
2021189312, Official Public Records, Williamson County, Texas (the
"Property").
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY:
This conveyance is made, delivered and accepted subject to any and all easements,
covenants, leases, rights -of -way, conditions, restrictions, outstanding mineral interests and
royalty interests, if any, relating to the Property, to the extent, and only to the extent, that
the same may still be in force and effect and shown in the Official Public Records of
Williamson County, Texas.
Grantor, for the consideration and subject to the Reservations From and Exceptions
to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging,
to have and hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor
binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all
Special Warranty Deed to City of Georgetown
Page 1 of 3
and singular the Property to Grantee and Grantee's heirs, successors, and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through or under Grantor, but not otherwise, except as to the Reservations From and
Exceptions to Conveyance and Warranty.
GRANTOR:
BERRY CREEK (GEORGETOWN) ASLI IX,
LLC, a Delaware limited liability company
By: Avanti Strategic Land Investors IX,
L.L.L.P., a Delaware limited liability limited
partnership, its sole member
By: APG ASLI IX GP, LLC, a Delaware limited
liability company, its sole General Partner
By: Avanti Properties Group III, L.L.L.P., a
Delaware limited liability limited
partnership, its Managing Member
By: APG III GP, LLC, a Florida limited liability
company, its sole General Partner
By: Avanti Management Corporation, a Florida
corporation, its sole Manager
Name: Marvin M. Shapiro
Title: President
[Remainder oj'Page Intentionally Left Blank;
Acknowledgment Follows]
Special Warranty Deed to City of Georgetown
Page 2 of 3
THE STATE OF FLORIDA
ACKNOWLEDGEMENT
COUNTY OF ORANGE
This instrument was acknowledged before me on the day of
2022, by Marvin M. Shapiro, President of Avanti Management Corporation, a Florida
corporation, the sole Manager of APG III GP, LLC, a Florida limited liability company,
the sole General Partner of Avanti Properties Group III, L.L.L.P., a Delaware limited
liability limited partnership, the Managing Member APG ASLI IX GP, LLC, a Delaware
limited liability company, the sole General Partner of Avanti Strategic Land Investors IX,
L.L.L.P., a Delaware limited liability limited partnership, the sole member of BERRY
CREEK (GEORGETOWN) ASLI IX, LLC, a Delaware limited liability company.
By: -
Printed Name:
Notary Public, State of Florida
[ADD NOTARY SEAL]
AFTER RECORDING RETURN TO:
City of Georgetown
Attn: Real Estate Services
P.O. Box 409
Georgetown, Texas 78627
Special Warranty Deed to City of Georgetown
Page 3 of 3
EXHIBIT B
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may
remove or strike any of the following information from this instrument before it is filed
for record in the public records: Your social security number or your driver's license
number.
DATE: . 2022
GRANTOR: Berry Creek (Georgetown) ASLI IX, LLC, a Delaware limited liability
company
GRANTOR'S MAILING ADDRESS (including County): c/o Avanti Property Group,
923 Pennsylvania Ave., Winter Park, Orange County, Florida 32789
GRANTEE: City of Georgetown, a Texas home -rule municipal corporation
GRANTEE'S MAILING ADDRESS (including County): P.O. Box 409, Williamson
County, Texas 78627
CONSIDERATION: Ten and No/100 Dollars ($.00) and other good and valuable
consideration.
PROPERTY (including any improvements):
Being all of that approximately 3.576 acres (155,787 square feet) tract of land more
particularly described by metes and bounds in the attached Exhibit "A" attached hereto
and made a part hereof (the "Property").
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY:
This conveyance is made, delivered and accepted subject to any and all easements,
covenants, leases, rights -of -way, conditions, restrictions, outstanding mineral interests and
royalty interests, if any, relating to the Property, to the extent, and only to the extent, that
the same may still be in force and effect, and shown of record in the office of the County
Clerk of Williamson County, Texas.
Grantor, for the consideration and subject to the Reservations From and Exceptions
to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging,
to have and hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor
binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all
Special Warranty Deed
Page I of 6
and singular the Property to Grantee and Grantee's heirs, successors, and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through or under Grantor, but not otherwise, except as to the Reservations From and
Exceptions to Conveyance and Warranty.
GRANTOR:
BERRY CREEK (GEORGETOWN) ASLI IX,
LLC, a Delaware limited liability company
By: Avanti Strategic Land Investors IX, L.L.L.P.,
a Delaware limited liability limited
partnership, its sole member
By: APG ASLI IX GP, LLC, a Delaware limited
liability company, its sole General Partner
By: Avanti Properties Group III, L.L.L.P., a
Delaware limited liability limited
partnership, its Managing Member
By: APG III GP, LLC, a Florida limited liability
company, its sole General Partner
By: Avanti Management Corporation, a Florida
corporation, its sole Manager
Marvin M. Shapiro, President
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY;
ACKNOWLEDGMENT PAGE FOLLOWS]
Special Warranty Deed
Page 2 of 6
THE STATE OF FLORIDA §
COUNTY OF ORANGE §
This instrument was acknowledged before me on the day of ,
2022, by Marvin M. Shapiro, President of Avanti Management Corporation, a Florida
corporation, the sole Manager of APG III GP, LLC, a Florida limited liability company,
the sole General Partner of Avanti Properties Group III, L.L.L.P., a Delaware limited
liability limited partnership, the Managing Member APG ASLI IX GP, LLC, a Delaware
limited liability company, the sole General Partner of Avanti Strategic Land Investors IX,
L.L.L.P., a Delaware limited liability limited partnership, the sole member of BERRY
CREEK (GEORGETOWN) ASLI IX, LLC, a Delaware limited liability company.
Notary Public, State of Florida
Printed Name of Notary
My Commission Expires:
[SEAL]
Special Warranty Deed
Page 3 of 6
APPROVED, AS TO FORM:
, City Attorney
Special Warranty Deed
Page 4 of 6
Exhibit "A"
A METES AND BOUNDS
DESCRIPTION OF A
3.576 ACRE TRACT OF LAND
BEING a 3.576 acre (155,787 square feet) tract of land situated in the Burrell Eaves
Survey, Abstract No. 216, City of Georgetown, Williamson County, Texas, being all of
BCH WAY of the Replat Berry Creek Highlands Phase 1B, recorded in Document No.
2021189312 of the Official Public Records of Williamson County; and being more
particularly described as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "KHA" set on the
northwesterly right-of-way line of said BCH WAY (94 feet wide right-of-way), marking
the southwest corner of said BCH WAY, as described in Berry Creek Highlands Phase 1A,
plat of which is recorded in Document No. 2020054750 of the Official Public Records of
Williamson County, said southwest corner being on the southeasterly line of that certain
3.703 acre tract described in the Special Warranty Deed to BERRY CREEK
(GEORGETOWN), ASLI IX, LLC, recorded in Document No. 2018106298 of the Official
Public Records of Williamson County;
THENCE, South 67°45'23" East, 94.00 feet crossing said BCH WAY to a 1/2-inch iron
rod with a plastic cap stamped "KHA" set on the southeasterly right-of-way line of said
BCH WAY;
THENCE, along the southeasterly right-of-way line of said BCH WAY the following four
(4) courses and distances:
1. in a southwesterly direction, along a non -tangent curve to the left, a central angle of
20°04'01 ", a radius of 678.00 feet, a chord bearing and distance of South 12° 12'27"
West, 236.25 feet, and a total arc length of 237.46 feet to a 1/2-inch iron rod with a
plastic cap stamped "KHA" set on a point of tangency;
2. South 02°10'28" West, 529.22 feet to a 1/2-inch iron rod with a plastic cap stamped
"KHA" set on the point of curvature;
3. in a southwesterly direction, along a tangent curve to the right, a central angle of
57°39'48", a radius of 707.00 feet, a chord bearing and distance of South 31°0022"
West, 681.89 feet, and a total arc length of 711.54 feet to a 1/2-inch iron rod with a
plastic cap stamped "KHA" set on a point of tangency;
4. South 59°50'17" West, 206.69 feet to a point marking the south corner of herein
described tract;
THENCE, North 34°07'04" West, 94.22 feet along the terminus of said BCH WAY to a
point for corner;
THENCE, along the northwesterly right-of-way line of said BCH WAY the following four
Special Warranty Deed
Page 5 of 6
(4) courses and distances:
1. North 59°50'17" East, 213.19 feet to a 1/2-inch iron rod with a plastic cap stamped
"KHA" set on the point of curvature;
2. in a northeasterly direction, along a tangent curve to the left, a central angle of
57°39'49", a radius of 613.00 feet, a chord bearing and distance of North 31°0023"
East, 591.23 feet, and a total arc length of 616.93 feet to a 1/2-inch iron rod with a
plastic cap stamped "KHA" set on a point of tangency;
3. North 02°1028" East, 529.22 feet to a 1/2-inch iron rod with a plastic cap stamped
"KHA" set on the point of curvature;
4. in a northeasterly direction, along a tangent curve to the right, a central angle of
20°04'02", a radius of 772.00 feet, a chord bearing and distance of North 12° 12'29"
East, 269.00 feet, and a total arc length of 270.38 feet to the POINT OF
BEGINNING and containing 3.576 acres of land in Williamson County, Texas, as
shown in the document saved in the office of Kimley-Horn and Associates, Inc. in
San Antonio, Texas. The basis of bearing for this description is the Texas State Plane
Coordinate System Grid, Central Zone (FIPS 4203) (NAD'83). All distances are on
the Grid and shown in U.S. Survey Feet. This document was prepared in the office
of Kimley-Horn and Associates, Inc. in San Antonio, Texas.
Special Warranty Deed
Page 6 of 6