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HomeMy WebLinkAboutRES 052522-M - Harmony Public SchoolRESOLUTION NO. Q5,? q ZZ - 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING ACCEPTANCE OF A WATER LINE EASEMENT AND WASTEWATER EASEMENT IN THE L.J. DYCHES SURVEY NO. 2, ABSTRACT NO. 180, FROM HARMONY PUBLIC SCHOOLS WHEREAS, Springbrook Partners is currently in the process of finalizing a final plat along with a site development plan for a logistics facility on Blue Ridge Drive, just south of Blue Springs Drive (the "Project"); and WHEREAS, in order to facilitate the Project, off -site water line, wastewater, and temporary turn -around easements are required across the neighboring property, owned by Harmony Public Schools ("Harmony"); and WHEREAS, Harmony requested changes to the City's standard water line and wastewater easements, so that they may build surface improvements within the easement areas without applying for a license to encroach; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the easement 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 authorized to accept the conveyance of a Water Line Easement from Harmony Public Schools to the City in a form substantially similar to the Water Line Easement agreement 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 a Wastewater Easement from Harmony Public Schools to the City in a form substantially similar to the Wastewater Easement agreement attached hereto as Exhibit B and incorporated herein. Resolution No. 052LIZ, 7- - t Description: Acceptance of Harmony Public Schools Easements Date Approved: _ 21A , 2QZ 2 Page 1 of 2 T 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 APPROVED on this day of i -, 2022. CITY OF G O GETOWN ATTEST: L'-fi Schroeder, M Lys Robyn I3ef&nore, City Secretary APPROVED AS TO FORM: Sky asso , City Attorney Resolution No. _ 6 j 2- � 27--�A Description: Acceptance of Harmony Public Schools Easements DateApproved: } 292 2 Page 2 of 2 EXHIBIT A WATER LINE EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: This Water Line Easement Agreement (this "Agreement") is made on the day of , 2022, at Georgetown, Texas, between Harmony Public Schools, a Texas non- profit corporation, whose address is 9321 W. Sam Houston Pkwy S., Houston, Texas 77099 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (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, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of a water line and related facilities (collectively, the "Facilities") 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, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Property; and (3) the right to remove from the Property all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. GEORGETOWN WATER LINE EASEMENT Page 1 of 4 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. Notwithstanding the foregoing, Grantor reserves for itself and its successors and assigns the right to construct, place, maintain, inspect, operate, repair, alter, replace and remove driveways, roadways, curbing, gutters, sidewalks, landscaping, irrigation, and utilities, including water, wastewater, gas, telecommunications and electrical lines and related facilities across the Property (collectively the "Grantor Improvements"), and Grantee expressly consents to the use of the Property for such purposes. Any Grantor Improvements consisting of irrigation and/or utilities shall cross the Facilities and may not run parallel with the Facilities. Grantor's rights reserved in this paragraph are subject to the following requirements: (1) the construction, placement, maintenance, inspection, operation, repair, alteration, replacement, and/or removal of the Grantor Improvements shall not materially interfere with the rights granted to Grantee herein, and (2) Grantor shall first obtain from Grantee a License to Encroach pursuant to the City of Georgetown Municipal Code and the City of Georgetown Unified Development Code (both as may be amended from time to time). Grantor hereby RELEASES and HOLDS GRANTEE HARMLESS from any responsibility and liability to repair, replace, maintain, or compensate Grantor for damages to surface improvements within the Property incidental to Grantee's exercise of its rights and privileges granted herein pursuant to the terms and conditions of this Agreement. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 8. The terms of this Agreement 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. [Signature pages to follow] GEORGETOWN WATER LINE EASEMENT Page 2 of 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on the dates set forth herein. GRANTOR: Harmony Public Schools, a Texas non-profit corporation Faith Ay CEO and Superintendent STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the _ day of , 2022, by Faith Ay, CEO and Superintendent of Harmony Public Schools, a Texas non-profit corporation, on behalf of said non-profit corporation. Notary Public, State of Texas GEORGETOWN WATER LINE EASEMENT Page 3 of 4 GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation David Morgan City Manager STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 2022, by David Morgan, City Manager of City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: James Kachelmeyer, Assistant City Attorney AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Real Estate Services P.O. Box 409 Georgetown, Texas 78627 GEORGETOWN WATER LINE EASEMENT Page 4 of 4 County: Williamson Project: Longhorn Junction Halff AVO: 35737.001 Page 2 of 4 4/9/2021 NOTES: All bearing shown hereon are based upon Texas Coordinate System of 1983, Central Zone. All distances shown hereon are surface distances. The Grid to Surface adjustment scale factor is 1.00012. I, Curtis Wayne Watts, 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 property described herein was determined by a survey on the ground under my direction and supervision February 23, 2021. 6, tj 04/09/2021 Curtis Wayne Watts, R.P.L.S. Date Registered Professional Land Surveyor Texas Registration No. 6614 Halff Associates, Inc., TBPELS Firm No. 10029607 9500 Amberglen Blvd., Bldg. F, Suite 125 Austin, Texas 78729 hxH l exr "a" o O N (>' � N � tf M O � W I.L O � >J > Q Z r- o M O3 N ti M d N �I M ✓� U Q Z Q w Z C) • OaZ~ yy�� l7 Cl��' V� m00ZZ J :4r Z. OLLJ: ZQN�'p1 II U O•� ;3:� ar• Zrtw0ri LL LL 40. LU U � p »V'OLL U) Ur ui VIZWw W m (DOQy� No zQu�v m p o mzaZQ LLwHQW 0U—Lnv N V)0WQ �Qo JLL o Z 31P— r cc LU > N O o Z o'o S '"u uj W 0 t� Z CO h0- � 1 W N CD ¢�Q 2 r(A� Ig �dzv QOUz W W > �s UJ ua t J Z co Q Q wLn� J o���, y, o�� W W - `���6d 77 �d� ~ U Wco Q ��y OZa QQJ 3 J1 Y�jO N W u _j o N F- q oLL LU a ti� 33� Od l� 4' D S O r r p t. 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C W amo Q Uo 0 1 1 O J r Q II C) o W J � , Q C) L m 0 0 o a m N J J 4 rl'�-; :W 0 O 'L .n 'D 4 �JL�yy Svki �O: N C) N 0) O co d J l� Z W �Wco CL QQ� y O o 00 O � N R'NNLi ((D 0 Z J a- < U000 3 ��s o � Q U z Qv zamog� O g S o U Z OU 0 N J J Z . zQ O 7- LL O z :� 0 w J It o r cn N M J LL O 0 Z o�M O a _ CO N O Z LL uj W LO M Z M(=0 2 T- CO co ci)X20 a0L)Z WF— WaoU Z a Q J Q c w F- LU � 0 W co co Q Q J Q N W 0 N LL 00 H D 0 EXHIBIT B WASTEWATER EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: This Wastewater Easement Agreement (this "Agreement") is made on the day of , 2022, at Georgetown, Texas, between Harmony Public Schools, a Texas non- profit corporation, whose address is 9321 W. Sam Houston Pkwy S., Houston, Texas 77099 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (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, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of wastewater lines and related facilities (collectively, the "Facilities") 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, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Property; and (3) the right to remove from the Property all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. GEORGETOWN WASTEWATER EASEMENT Page 1 of 4 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. Notwithstanding the foregoing, Grantor reserves for itself and its successors and assigns the right to construct, place, maintain, inspect, operate, repair, alter, replace and remove driveways, roadways, curbing, gutters, sidewalks, landscaping, irrigation, and utilities, including water, wastewater, gas, telecommunications and electrical lines and related facilities across the Property (collectively the "Grantor Improvements"), and Grantee expressly consents to the use of the Property for such purposes. Any Grantor Improvements consisting of irrigation and/or utilities shall cross the Facilities and may not run parallel with the Facilities. Grantor's rights reserved in this paragraph are subject to the following requirements: (1) the construction, placement, maintenance, inspection, operation, repair, alteration, replacement, and/or removal of the Grantor Improvements shall not materially interfere with the rights granted to Grantee herein, and (2) Grantor shall first obtain from Grantee a License to Encroach pursuant to the City of Georgetown Municipal Code and the City of Georgetown Unified Development Code (both as may be amended from time to time). Grantor hereby RELEASES and HOLDS GRANTEE HARMLESS from any responsibility and liability to repair, replace, maintain, or compensate Grantor for damages to surface improvements within the Property incidental to Grantee's exercise of its rights and privileges granted herein pursuant to the terms and conditions of this Agreement. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 8. The terms of this Agreement 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. [Signature pages to follow] GEORGETOWN WASTEWATER EASEMENT Page 2 of 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on the dates set forth herein. GRANTOR: Harmony Public Schools, a Texas non-profit corporation Faith Ay CEO and Superintendent STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the _ day of , 2022, by Faith Ay, CEO and Superintendent of Harmony Public Schools, a Texas non-profit corporation, on behalf of said non-profit corporation. Notary Public, State of Texas GEORGETOWN WASTEWATER EASEMENT Page 3 of 4 GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation M. STATE OF TEXAS § COUNTY OF WILLIAMSON § David Morgan City Manager This instrument was acknowledged before me on this the _ day of 12022, by David Morgan, City Manager of City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: James Kachelmeyer, Assistant City Attorney AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Real Estate Services P.O. Box 409 Georgetown, Texas 78627 GEORGETOWN WASTEWATER EASEMENT Page 4 of 4 County: Williamson Project: Longhorn Junction Halff AVO: 35737.001 EXHIBIT "A" WASTEWATER EASEMENT Page 1 of 4 4/9/2021 BEING A DESCRIPTION OF 0.2832 ACRE OF LAND (12,336 SQUARE FEET), BEING OUT OF AND A PORTION OF THE LEWIS J. DYCHES SURVEY NO. 2, ABSTRACT NO. 180, WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF THE REMAINDER OF THE CALLED 130.0393 ACRE TRACT OF LAND CONVEYED TO LONGHORN JUNCTION LAND AND CATTLE COMPANY IN A GENERAL WARRANTY DEED DATED JANUARY 13, 2010 AND RECORDED IN DOCUMENT NO. 2010002544 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch iron rod with "Halff' cap set at the southeast corner of a called 24.5000 acre tract of land conveyed to Springbrook Partners, LP in Document No. 2020031098, O.P.R.W.C.T., being a corner of the remainder of the said 130.0393 acre LJLCC tract, from which a 1/2-inch iron rod found at an angle point in the south line of the said 130.0393 acre LJLCC tract, being the north line of the tract of land conveyed to Lookout Ridge LLC in Document No. 2016053347, O.P.R.W.C.T. bears South 11018'59" East, a distance of 50.68 feet; THENCE North 21 °22'53" West, with the east line of the said 24.5000 acre Springbrook Partners tract, being a line of the remainder of the said 130.0393 acre LJLCC tract, a distance of 752.67 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract of land; THENCE North 21022'53" West, with the east line of the said 24.5000 acre Springbrook Partners tract, being a line of the remainder of the said 1,30.0393 acre LJLCC tract, a distance of 15.00 feet to a 1/2-inch iron rod with "Halff' cap set in the south line of Lot 1, Block A of Project Lonestar, a subdivision of record in Cabinet CC, Slides 349-351 of the Plat Records of Williamson County, Texas for the northeast corner of the said 24.5000 acre Springbrook Partners tract, being a corner of the remainder of the said 130.0393 acre LJLCC tract and northwest corner of the herein described tract of land; THENCE North 68"46'04" East, with the north line of the said 130.0393 acre LJLCC tract, being the south line of said Lot 1, Block A, a distance of 822.42 feet to a calculated point for the northeast corner of the herein described tract of land; THENCE leaving the north line of the said 130.0393 acre LJLCC tract, being the south line of said Lot 1, Block A, over and across the said 130.0393 acre LJLCC tract, the following two (2) courses and distances: South 21012'10" East, a distance of 15.00 feet to a calculated point for the southeast corner of the herein described tract of land; 2. South 68046'04" West, a distance of 822.37 feet to the POINT OF BEGINNING and containing 0.2832 acre of land, more or less, within these metes and bounds. County: Williamson Project: Longhorn Junction Halff AVO: 35737.001 Page 2 of 4 4/9/2021 NOTES: All bearing shown hereon are based upon Texas Coordinate System of 1983, Central Zone. All distances shown hereon are surface distances. The Grid to Surface adjustment scale factor is 1.00012. I, Curtis Wayne Watts, 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 property described herein was determined by a surrey on the ground under my direction and supervision February 23, 2021. 04/09/2021 �P �� OF 5 7 . Curtis Wayne Watts, R.P.L.S. Date ��C?RT!?.WAYNE .WA Registered Professional Land Surveyor ��� : 6614 Texas Registration No. 6614 , °;;ess;° =-k Halff Associates, Inc., SU'R I TBPELS Firm No. 10029607 9500 Amberglen Blvd., Bldg. 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