HomeMy WebLinkAboutRES 102522-5.S - Utility Esmt. Blue SpringsRESOLUTION NO. l0�5ZeZ� S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING
ACCEPTANCE OF A 0.526-ACRE PUBLIC UTILITY EASEMENT
SITUATED 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 an
office park at the intersection of Southeast Inner Loop and Blue Springs Drive, known as
"Blue Springs Business Park"; and
WHEREAS, in order to further the extension of electrical and telecommunications
infrastructure throughout the Blue Springs Business Park, Blue Springs desires to convey
a 0.526-acre public utility easement across the site to the City, via the Public Utility
Easement agreement attached to this resolution as Exhibit A and by this reference
incorporated herein ("the PUE"); and
WHEREAS, the proposed PUE would cross an exclusive telecommunications
easement held by Citigroup, and as a condition of granting approval for the crossing,
Citigroup is requiring modified terms within the PUE, particularly a limit on the depth of
any utilities installed without Citigroup's consent; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to accept this PUE with modified terms limiting the depth of any future utilities within
the easement area;
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 the PUE from Blue Springs to the City in a form
substantially similar to the PUE attached hereto as Exhibit A 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.
Resolution No.
Description: Acceptance of Blue Springs Business Park PUE
Date Approved: OC�be-�- a25; ?07 ?
Page 1 of 2
PASSED AND APPROVED on this e�Z6 day of , 2022.
CITY OF
ATTEST:
By:
JOS116 S er, Mayor Robyn De smore, City Secretary
APPROVED AS TO FORM:
n City Attorney Skye arso
Resolution No.
Description: Acceptance of Blue Springs Business Park PUE
Date Approved: 0cA-r,-, 6gX 2,5) &P 7 Z
Page 2 of 2
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 , , at Georgetown, Texas, between Blue Springs Business Park, LLC, a
Texas limited liability company, whose address is 2101 CityWest Blvd., First Floor, Houston,
Texas 77042 (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 operation, repair, maintenance, replacement, upgrade, rebuilding, relocation
and/or removal of public utility lines for, electrical and telecommunication lines,
and appurtenant structures and related facilities (collectively, the "Facilities") on,
over, under, and across the following described Easement Area 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 "Easement Area");
provided, however, that Grantee acknowledges that (i) Grantor's property is
subject to a certain easement (the "Citicorp Fiber Easement") granted to
Citicorp North America, Inc. ("Citicorp") pursuant to that certain Easements,
Covenants and Restrictions Agreement dated January 17, 2007 and recorded
in Williamson County Texas as Document No. 2007006074 ("Citicorp
Easement Agreement") which Citicorp Fiber Easement affects a ten (10) foot
wide strip of land within Grantor's property legally described in the Citicorp
Easement Agreement (which is shown on Exhibit B attached hereto and which
area is defined and referred to in the Citicorp Easement Agreement and herein
as the "Inner Loop Fiber Easement Area"); and (ii) that a portion of Easement
Area granted herein crosses and is located within the Inner Loop Fiber
Easement Area (such portion of the Easement Area located with the Inner Loop
Fiber Easement Area is herein the "Citicorp Affected Portion"), and Grantee
further acknowledges and agrees that, with respect to the Citicorp Affected
Portion of the Easement Area (i) the Easement herein granted is subject to the
Citicorp Fiber Easement and (ii) Grantee's Easement rights herein granted
shall not extend to any portion of the Citicorp Affected Portion of the Easement
Area located below the depth of the Facilities (consisting of two (2) conduits
for electric lines and one (1) conduit for telecommunications lines, which the
parties acknowledge will be installed by Grantor at Grantor's cost) initially
GEORGETOWN PUBLIC UTILITY EASEMENT Page 1 of 7
4863-2421-2020.1
installed therein by Grantor in accordance with the Citicorp Easement
Agreement and any separate related agreement relating to such installation
between Grantor and Citicorp or its successor and no additional Facilities shall
be installed therein at a lower depth except in strict conformance with the
Citicorp Easement Agreement and the agreement of Citicorp (or its successor)
to such installation.
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 Easement Area; (3) the right to remove from the Easement Area 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 Easement Area for the exercise of the
rights and privileges herein conveyed.
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.
6. The Easement, and the rights and privileges granted by this Agreement, are, subject
to the Citicorp Fiber Easement as aforesaid, EXCLUSIVE to Grantee, and
Grantee's successors and assigns, and Grantor covenants that Grantor shall not
convey any additional or 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 Easement Area (collectively the "Grantor
Improvements"), and Grantee expressly consents to the use of the Easement Area
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
GEORGETOWN PUBLIC UTILITY EASEMENT Page 2 of 7
4863-2421-2020.1
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 Easement Area 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 Page-s]
GEORGETOWN PUBLIC UTILITY EASEMENT Page 3 of 7
4863-2421-2020.1
STATE OF ILLINOIS §
0
COUNTY OF DUPAGE §
GRANTOR:
Blue Springs Business Park, LLC, a Texas limited
liability company
By: Molto Properties Fund IV LLC, its sole
member
By: Molto Properties Fund IV GP LLC, its
managing member
By:
Name:
Title:
This instrument was acknowledged before me on this day of ,
2022, by of Molto Properties Fund IV
GP LLC, the managing member of Molto Properties Fund IV LLC, the sole Member of
Blue Springs Business Park, LLC, a Texas limited liability company, on behalf of said
limited liability company.
Notary Public, State of Illinois
GEORGETOWN PUBLIC UTILITY EASEMENT Page 4 of 7
4863-2421-2020.1
GRANTEE:
City of Georgetown, Texas, a Texas home -rule
municipal corporation
By:
Name:
David Morgan
Title: 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
GEORGETOWN PUBLIC UTILITY EASEMENT Page 5 of 7
4863-2421-2020.1
Consent:
The undersigned, CITIGROUP TECHNOLOGY, INC., a Delaware corporation (successor
in interest to Citicorp North America, Inc.), hereby consents to the execution and delivery of
the foregoing Public Utility Easement made by Blue Springs Business Park, LLC to the City
of Georgetown Texas, and affecting the "Citicorp Fiber Easement" therein described and
defined.
CITIGROUP TECHNOLOGY, INC.,
a Delaware corporation
By: _
Name:
Title:
Dated this _ day of ,, 2022
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of , 2022
by , the , of CITIGROUP TECHNOLOGY, INC., a Delaware
corporation, on behalf of said corporation.
Notary Public, State of
GEORGETOWN PUBLIC UTILITY EASEMENT Page 6 of 7
4863-2421-2020.1
AFTER RECORDING, RETURN TO GRANTEE:
City of Georgetown
Attn: Real Estate Services
P.O. Box 409
Georgetown, Texas 78627
GEORGETOWN PUBLIC UTILITY EASEMENT Page 7 of 7
4863-2421-2020.1
r-xiuou 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;
rxnwit rage _ of _ 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;
Lnlaa Val I Ur Va 1. GLSI.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
...ALAN J HORTON
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