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�.
ALAN J HORTON
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