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HomeMy WebLinkAboutRES 052522-R - Blue Springs Utility Esmt.RESOLUTION NO. 05.2�tZZ- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING ACCEPTANCE OF A 0.526-ACRE PUBLIC UTILITY EASEMENT IN THE L.J. DYCHES SURVEY, ABSTRACT NO. 180, FROM BLUE SPRINGS BUSINESS PARK,LLC WHEREAS, Blue Springs Business Park, LLC ("Blue Springs") is developing 43.421 acres at the southeast corner of Southeast Inner Loop and Blue Springs into an industrial and commercial warehouse complex (the "Project"); and WHEREAS, as part of the Project, Blue Springs desires to locate public utilities across the development and is electing to grant the City the associated public utility easement by separate instrument, rather than by plat; and WHEREAS, the proposed easement agreement would authorize Blue to build surface improvements within the easement area, in lieu of 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 Public Utility Easement from Blue Springs to the City in a form substantially similar to the Public Utility Easement agreement attached hereto as Exhibit A and incorporated herein. SECTION 3. 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. Resolution No. 05,� R ZZ Z Description: Acceptance of Blue Springs Business Park Public Utility Easement Date Approved: 2tkl Page 1 of 2 PASSED AND APPROVED on this day of _L _ , 2022, i CITY OF GEO ETOWN ATTEST: By: j Josl ua Sc zroeder, Mayor Robyn ensmore, City Secretary APPROVED AS TO FORM: J& Leo�l Sky&K4asso6, City Attorney Resolution No. 05,Z4 J Z - 12 Description: Acceptance of Blue Springs Business Park Public Utility Easement Date Approved: a,,.�� Page 2 of 2 Q Exhibit A PUBLIC UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: This Public Utility Easement Agreement (this "Agreement") is made on the day of IP 20, at Georgetown, Texas, between Blue Springs Business Park, LLC, a Texas limited liability company, whose address is 211 East 7' Street, Suite 620, Austin, Texas 78701-3218 (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, for the benefit of the public, an EXCLUSIVE easement and public right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of public utility lines, including water, wastewater, electrical, telecommunication, and gas lines, and appurtenant structures and related facilities (collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all those certain tracts, pieces or parcels 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 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 by Grantee and Grantee's successors and assigns, and any franchisees, permittees, and invitees of the same, 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; (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; and (4) the right of public ingress and egress on, over, under, and across the Property for the exercise of the rights and privileges herein conveyed. 4. The duration of the Easement is perpetual. GEORGETOWN PUBLIC UTILITY EASEMENT Page 1 of 4 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. 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 public; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on the dates set forth herein. [Signatures on Following Pages] GEORGETOWN PUBLIC UTILITY EASEMENT Page 2 of 4 GRANTOR: Blue Springs Business Park, LLC, a Texas limited liability company By: Molto Properties Fund JV LLC, its Managing Member By: Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me on this the _ day of , 20by , of Molto Properties Fund JV LLC, Managing Member of Blue Springs Business Park, LLC, a Texas limited liability company, on behalf of said limited liability company. Notary Public, State of Texas GEORGETOWN PUBLIC UTILITY EASEMENT Page 3 of 4 GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation By: Name Title: STATE OF TEXAS § COUNTY OF WILLIAMSON § David Morgan City Manager 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 PUBLIC UTILITY EASEMENT Page 4 of 4 r,xrnou rage _ of _ rages County: Williamson Project: Blue Springs Business Park Job No.: A220112 MB No.: 22-009 FIELD NOTES FOR 0.526 ACRES Being a 0.526 acre tract of land located in the L.J. Dyches Survey, Abstract Number 180 Williamson County, Texas. Said 0.526 acre tract being out of a called 43.421 acre tract of land recorded in the name of Blue Springs Business Park, LLC, Document Number 2021153887, Official Public Records of Williamson County Texas (O.P.R.W.C.), said 0.526 acre tract of land being more particularly described by metes and bound as follows: (Bearings are based on the Texas State Plane Coordinate System, Central Zone). Commencing at a capped iron rod found stamped "Baker Aiklen" for a northeasterly corner of said 42.421 acre tract, said iron rod being the northwesterly corner of a portion of Rock Springs Hospital, a subdivision as recorded in Document Number 2014008206, O.P.R.W.C., dedicated as Right -of -Way, said iron rod also being on the southerly R.O.W. line of South East Inner Loop (180' wide); Thence, with the northerly line of said 43.421 acre tract and the southerly R.O.W. line of said South East Inner Loop, South 72 degrees 23 minutes 45 seconds West, a distance of 188.53 feet the Point of Beginning of the herein described tract; Thence, through and across said 43.421 acre tract, the following twenty-six (26) courses and distances; 1. South 19 degrees 47 minutes 02 seconds East, a distance of 85.25 feet; 2. South 21 degrees 11 minutes 14 seconds East, distance of 40.35 feet; 3. South 68 degrees 48 minutes 46 seconds West, a distance of 15.16 feet; 4. North 21 degrees 11 minutes 14 seconds West, a distance of 35.14 feet; 5. South 68 degrees 35 minutes 40 seconds West, a distance of 421.66 feet; 6. 1.57 feet along the arc of a curve to the left, said curve having a central angle of 89 degrees 46 minutes 57 seconds, a radius of 1.00 foot and a chord that bears South 23 degrees 42 minutes 11 seconds West, a distance of 1.41 feet; 7. South 21 degrees 11 minutes 18 seconds East, a distance of 188.45 feet; 8. South 07 degrees 36 minutes 11 seconds East, a distance of 90.31 feet; 9. South 21 degrees 13 minutes 18 seconds East, a distance of 515.54 feet; hxnintt rage _ or _ rages 10. North 76 degrees 54 minutes 03 seconds East, a distance of 36.49 feet; 11. South 61 degrees 52 minutes 40 seconds East, a distance of 81.15 feet; 12. South 17 degrees 56 minutes 53 seconds East, a distance of 15.11 feet to the northerly line of a called 20-foot Public Utility Easement (P.U.E.) as recorded in Volume 2098, Page 409, O.P.R.W.C.; 13. Thence, with the northerly line of said 20-foot P.U.E., South 69 degrees 04 minutes 23 seconds West, a distance of 15.02 feet; 14. North 17 degrees 56 minutes 53 seconds West, a distance of 9.84 feet; 15. North 61 degrees 52 minutes 40 seconds West, a distance of 69.46 feet; 16. South 76 degrees 54 minutes 03 seconds West, a distance of 43.86 feet; 17. North 21 degrees 13 minutes 18 seconds West, a distance of 530.34 feet; 18. North 09 degrees 19 minutes 31 seconds West, a distance of 85.06 feet; 19. North 20 degrees 16 minutes 51 seconds West, a distance of 17.33 feet; 20. South 69 degrees 58 minutes 04 seconds West, a distance of 22.86 feet; 21. North 20 degrees 01 minutes 56 seconds West, a distance of 15.00 feet; 22. North 69 degrees 58 minutes 04 seconds East, a distance of 26.01 feet; 23. North 21 degrees 11 minutes 18 seconds West, a distance of 162.94 feet; 24. 18.80 feet along the arc of a curve to the right, said curve having a central angle of 89 degrees 46 minutes 57 seconds, a radius of 12.00 feet and a chord that bears North 23 degrees 42 minutes 11 seconds East, a distance of 16.94 feet; 25. North 68 degrees 35 minutes 40 seconds East, a distance of 426.65 feet; 26. North 20 degrees 12 minutes 11 seconds West, a distance of 76.38 feet to the northerly line of said 43.421 acre tract and the southerly R.O.W. line of aforesaid South East Inner Loop; LAlll Vl� 1 UaV _ Vl 1 Clb'l.J Thence, with the northerly line of said 43.421 acre tract and the southerly R.O.W. line of said South East Inner Loop, North 72 degrees 23 minutes 45 seconds East, a distance of 15.02 feet to the Point of Beginning and containing 0.526 acres of land. GBI Partners TBPELS Firm No. 10194150 Ph: 281-499-4539 April 28, 2022 % s r e;p�. 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