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HomeMy WebLinkAboutRES 072412-G - Sale Fire Station BaysRESOLUTION NO. (a WW H A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS, APPROVING THE REAL ESTATE CONTRACT FOR SALE OF THE FIRE STATION BAYS, AUTHORIZING THE RELEASE OF SPECIAL ASSESSMENT LIENS AGAINST PROPERTY, APPROVING THE MEMORANDUM OF LEASE TERMINATION WITH THE CHAMBER OF COMMERCE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown offered the Fire Station Bays for sale; and WHEREAS, the City Council accepted the Bid of Cumulus, Inc dba ThunderCloud to purchase the Fire Station Bays; and WHEREAS, the Parties have negotiated a Real Estate Contract for the transaction; WHEREAS, to close the transaction, the following title issues must be resolved: 1) Ordinance dated September 4,1922 for assessment in favor of the City of Georgetown against abutting property owners, including City Hall in the amount of S341.10, for paving improvements on portions of Main Street (Exhibit B) 2) Ordinance dated April 23,1985 for assessment in favor of the City of Georgetown against abutting property owners for improvements to sidewalks, curbs, gutters and appurtenances located around the public square of the City including 8th Street, 7th Street, Austin Avenue and Main Street (Exhibit C) 3) 1973 Lease between the City of Georgetown and the Chamber of Commerce (Exhibit D) WHEREAS, the City Council, finds that the Real Estate Contract for the sale of the Fire Station Bays should be approved and the above title issues should be resolved to allow closing of the transaction. 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 The City Council hereby finds that this resolution implements Finance Policy End 14.00 of the Century Plan - Policy Plan Element, which states "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest this Resolution. SECTION 3. 1'he Real Estate Contract is approved and the Mayor is hereby authorized to execute the Real Estate Contract (Exhibit A). SECTION 4. The City Attorney is hereby directed to release the September 4, 1922 assessment lien in favor of the City against the City in the amount of S341.10 for paving improvements on portions of Main Street and the Mayor is hereby authorized to execute the Release of Lien (Exhibit E). SECTION 5. The City Attorney is hereby directed to release the April 23, 1985 assessment lien in favor of the City against the City for improvements to sidewalks, curbs, gutters and appurtenances located around the public square and the Mayor is hereby authorized to execute the Release of Lien (Exhibit F). SECTION 6. The Mayor is hereby authorized to execute the Memorandum of Lease Termination (Exhibit G). SECTION 7. This Resolution shall be effective immediately upon adoption. RESOLVED this day of July, 2012. ATTEST: By 0 - -sica Brett e, City Secretary APPROVED AS TO FORM: By: Bridget Chapma Acting City Attorne THE CITY OF GEORGETOWN By: Georg"e Garver, Mayor REAL ESTATE CONTRACT Phis Real Estate Contract (Contract) is made by and between the City of Georgetown, Texas, a Texas Home Rule Municipal Corporation (Seller) and Cumulus, Inc. dbaThunderCloud Subs (Buyer) as of this 17th day of July 2012. 1.1 ARTICLE I - PURCHASE AND SALE Seller agrees to sell and convey and Buyer agrees to purchase and pay for the fee simple interest in the Property. Property means the newlyreplatted lot formerly known as the Fire Station Bays located at 816 Main Street, Georgetown, Williamson County, Texas 78626, and that is legally described as follows: Lot 2 of MINOR PLAT OLD FIRE STATION SUBDIVISION LOT 5 AND A PORTION OF LOTS 3, 4, BLOCK 51 ORIGINAL TOWNSITE OF THE CITY OF GEORGETOWN, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded under Document No. 2012047321, Official Public Records, Williamson County, Texas; said property being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Seller will sell and convey the Property, as a separate platted legal lot, together with all buildings, improvements and fixtures and all of Seller's rights, privileges and appurtenances pertaining to the Property. 1.2 This Contract is subject to approval by the City Council of the City of Georgetown, Texas, such approval indicated by signature of Seller's representatives to this Contract. 1.3 Buyer has obtained a Commitment for Title Insurance (Title Commitment) to insure title to Buyer, at Buyer's option, pursuant to the terms of this Contract, a copy of which is attached hereto as Exhibit B. Seller has agreed to cause Schedule C items 6, 7 and 8 to be disposed of at Seller's cost and expense. 1.4 Seller is a tax-exempt entity. To Seller's knowledge the Property is not subject to any roll back taxes or prior taxes or other assessments. 1 1.5 Sale of the Property shall be by Special Warranty Deed in the form prepared by Seller and acceptable to the Georgetown Title Company for the purposes of providing the Owner Policy of title insurance referenced in the attached title commitment. ARTICLE II - SALES PRICE 2.1 At or before Closing, Buyer will pay Seller the Sales Price for the Property in the amount of 5231,500.00. Seller will pay the Sales Price in cash. 2.2 Buyer submitted a cashier's check in the amount of $2,500.00 as Earnest Money with this Contract. Earnest Money _will _be applied to the Sales Price at Closing ARTICLE III - SELLER'S REPRESENTATIONS AND WARRANTIES 3.1 Seller represents and warrants to Buyer that Seller has the full right, power and authority to enter into and perform its obligations under this Contract. 3.2 SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PROPERTY OR ANY INFORMATION DELIVERED BY SELLER TO BUYER IN CONNECTION WITH THE PROPERTY. BUYER IS PURCHASING THE PROPERTY AS IS WITH ALL FAULTS AND DEFECTS, KNOWN OR UNKNOWN, PATENT OR LATENT, WITHOUT ANY REPRESENTATIONOR WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, MERCHANTABILITY, SUITABILITY OR QUALITY, AND IN SOLE RELIANCE ON BUYER'S OWN INDEPENDENT INSPECTION, INQUIRY O R INVESTIGATION. SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED WITH RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE, ZONING, PLATTING, SUBDIVISION, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, VALUATION, GOVERNMENT APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTERS OR THINGS RELATING TO O R AFFECTING THE PROPERTY. SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS O F ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES 2 OR REPRESENTATIONS AS TO THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY IMPROVEMENTS OF THE PROPERTY CONVEYED; AND THE MANNER OR REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAR OF ANY IMPROVEMENTS.THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER, ANY AGENT OF SELLER OR ANY THIRD PARTY. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY OTHER PERSON. ARTICLE IV — BUYER'S REPRESENTATIONS AND WARRANTIES 4.1 Buyer represents and warrants to Seller that all requisite action necessary to authorize Buyer to enter into this Contract has been obtained, and Buyer has the full right, power and authority to purchase the Property as provided in this Contract and to carry out Buyer's obligations under this Contract. V. - CLOSING 5.1 Closing shall be held at Georgetown Title Company. I'he Closing Date will be scheduled by Georgetown Title Company but shall not occur later than July 27, 2012 unless mutually agreed by the Buyer and Seller 5.2 At Closing, Seller shall: a. execute and deliver to Buyer the duly executed and acknowledged Special Warranty Deed; b. execute and deliver to Buyer any notices, statements, certificates, affidavits, releases and other documents required by this Contract or the Title Company necessary for the Closing of the sale. c. deliver possession of the Property to Buyer; and 5.3 At Closing, Buyer shall: a. pay the Sales Price in good funds acceptable to the Title Company; b. pay the Buyer's expenses and attorney fees and Broker fees; 3 c. pay all costs associated with the Closing; and d. execute and deliver to Seller any notices, statements, certificates, affidavits, releases and other documents required by this Contract or the Title Company necessary for the Closing of the sale. VI. - DEFAULT 6.1 In the event Buyer fails to fully and timely perform any of its obligations under this Contract or fails to Close for any reason except Seller's prior material default, Seller may: enforce specific performance of this Contract; b. terminate this Contract and receive the Earnest Money as liquidated damages; and/or c. bring suit for damages against Buyer. 6.2 In the event Seller fails to fully and timely perform any of its obligations under this Contract or fails to Close for any reason except Buyer's prior material default, Buyer may terminate this Contract and receive the Earnest Money as liquidated damages and as Buyer's sole remedy. VII. - RIGHT OF FIRST REFUSAL TO PURCHASE If Buyer enters into a contract to sell the Property to an unrelated third party purchaser as an independent transaction and (i) not as part of a merger or an asset sale of all or substantially all of the assets of Cumulus, Inc , dba thundercloud Subs, and (2) not to an entity that is owned by or an affiliate Cumulus, Inc or Michael Haggerty, to sell the Property, Buyer as the seller therein shall deliver to the City of Georgetown a written notice specifying all of the terms of the proposed sale, and shall certify that the proposed sale was entered into in good faith with the intent to sell the Property on the terms as proposed in the offer to an independent third party in an arm's length transaction, and offering to sell such Property to the City of Georgetown under those terms The City of Georgetown only and not any person or other entity, shall then have a period of 60 days from the delivery of such notice to accept the proposed sale on the offered terms by delivery of written notice to that effect to Buyer as the seller therein, in which case the purchase and sale shall occur on the terms as therein provided with the City of Georgetown being the substituted purchaser, however no commission or other fee shall be due or owing to any person or entity representing the original Buyer or the 4 City of Georgetown as the substituted Buyer in the offered sale If within the 60 day period the City of Georgetown does not give Buyer as the seller therein written notice of its unconditional acceptance of the proposed sale (time being of the essence) on the same terms as offered by Buyer as the seller therein, then Buyer as the seller therein shall be entitled thereafter consummate a sale of the Property on the same terms as offered to the City of Georgetown. VIII. - MISCELLANEOUS 8.1 Any notice required or permitted to be delivered by this Contract shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested to: Seller: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78267 Buyer: Michael G. Haggerty President Cumulus, Inc. dba ThunderCloud Subs 1102 West 6th Street Austin, Texas 78703 8.2 This Contract is to be construed in accordance with the laws of the State of Texas. All obligations of the Parties are to be performed in Williamson County, Texas. 8.3 This Contract is binding on the Parties, and their respective representatives, successors and permitted assigns. 8.4 If any term or condition of this Contract shall be held to be invalid or unenforceable, the remainder of this Contract shall not be affected, and this Contact shall be construed as if such invalid or unenforceable provision had never been included in the Contract. 8.5 the Parties acknowledge that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract. 8.6 This Contract includes the entire agreement of the Parties and may only be modified in writing. 5 8.7 Buyer may not assign this Contract without the written consent of Seller. 8.8 Time is of the essence in the performance of this Contract. Strict compliance with the times for performance of this Contract is required. BUYER: Cumulus Inc. dba Thundercloud Subs By: Michael G. Haggerty, President Date: STATE OF TEXAS COUN 1'Y OF TRAVIS This instrument was acknowledged before me on this day of 2012 by Michael G. Haggerty, as President of Cumulus Inc. dba Thundercloud Subs, on behalf of the corporation. Notary Public, State of Texas CITY OF GEORGETOWN Texas Home Rule Municipal Corporation By: George G. Garver, Mayor Date: ATTEST: By: Jessica Brettle, City Secretary APPROVED AS TO FORM: By: Bridget Chapman, Acting City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON this instrument was acknowledged before me on this day of 2012 by George G. Garver, as Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf of the City of Georgetown Notary Public, State of Texas 7 amount due by the r fspeotire to be npyable at the time tia such resre(,tt.a s and t1 the same rate of interest GI/ aii,n their 3 reasonable attorncyte . r.1.1rra-._�,z- rt owners and fixed as a lien against their property And respective amounts lue on such assessments airainat uuert;,.' are due under tli'E ordinance, and to dra •_'G i.«t provided in this ordinance, ui1 all deferred payments assessments; and sha on at lc 1 further provide that if it becomes necessary to force there shall _a_ addition to their fees for their collection, if rood ble in the same manner as °aszed the 1Otit 3 :anincd and GEE Klan. eri;_ nal assessment yr of October, ..D.1922. approved this the loth aa" eI T CITY O:' ., CITY OF G 1ORGETOt7:i, TEXAS. TZY.1t S t COUNT: 0 :/ILLla..:SO. 1 I, Soo Texas, do hereby certi Ce value, be due (21.t Vies d and shell be ei:forcea- October, ..n.1022. L J Dlas}i -. , 'f,TO^, GO..:RG: T ;t}, TEXAS. OF 1 E ahoy, City Clerk of that t"e foregoing is a true and dinance passed by the City Co assessments u2±Finst abutt rest, 'Church or lGth Street, passed Witness my h . the 22nd day of Jan SEAL ) no of the City o r.rot.ertv avners and G_1'Y n7 }'' City of Georgeto nn, correct copy of the Ors xas, mating final property on Brushy Street, eet, Seventh Street, ._i.Ghth :street, he lOth day of October, ..,D.1922. d and the peal o+ the said of Geer Filed for record 'unary 25 Recorded January ctrth, A.D. 1923, 1925, 1923 • GEO is zwvY , C OF GE:02G;;TOWN. at 11;45 at 1.'0 TY WLEEK, OF o'clock ; M. 1 and eniver'i t,'.' avenue is CITY isle k panty .:curt, Williamson OG'. Y O? G O?GETo'wl C/O rt L.itvi jWCE» RE STREETS w P.I .EYS 5 {}�. M L{If� NO FINAL SS 5S;•,.,,.,.. a..,z:L3T { tf111 .- ,} i3f Yii tiL 3.Lw 2..[L.. SSJ+I.-v x1.. L...... .�.J.ti..JL it�i.?T I.cG ✓. -- e.I her ii An Till' P Rw X .:a .O ..'h. ,ayal t ,ti .::D .]`t7 ^.�1t�`.' Ltd; L'iti• i..'li2 11.�..f.3 1JY :oTE TI .tip:i... _. tt l.. n"a, a. .ii:rJl}tiitaj% '`h.C.JiG:A-O..::. 3- Sec. 1. That the ii2sesements hereinafter ..ode-....-inst the abuttinu.. *:o an: tue 'Jir,ero the nut, be L+ILU they ere hereby e'er .tacro i er"n nu to j to be made an and .._Jut_ the i.11ei7ing ••.'1-A.'.tC '..i'.ld }•v:"J 1U::3 of streets in irele .._ J • • 4. • rt .• r., it or t 1-2-?arty J the North ,.r..pezt Yrom the ::i_tu er_pe C1.: :re..., .:3 .._iet: L. __id fro.., 5outn enteent.. ;street onto!, nosesements herein for H;'_e t-a i:;E. with UrCide ''Ci11' y 3'iialt ^Zc t t.t Tarty :.ins of 1_ `_oath St rGet '.:le t rest the aeove named portion s :%i' 'c aid street- are u-e::l:L= ee of ^ccid street in certain 'i :'_.^_talICCG. yec. S. owner: thcreef, -- einst the owner_ J1El competent L:Ir1_S:et: erty `violnst whi exempt by the 14",' property' shell C ofconcrete Curb? oie cutters assessments herein nude acais.s;. ,bu t....,_ e her e b;. .tads a uh ur...;,1Y'ed, escort that no this St.•a:.e • at be e):et1-- '<?C constructed in -rent the Se_. :i. ure of Ceer_ot.o.m, Sr 2.:1 thrae efter the :scc_ctance .,. be icn --o be: and enforeeabTh and i.irst e11CJr,.Ucb su:cr_ar to all other 'le_...._, r. is uni c tc..ei: hereby to .be under execution, but in such rerconal liability for _ r .1iJlitt_ r_r,)te J each ;7i and ere ,.e-,. tits Mut soil deferred payments s• er a11Ii..n _riz H • rQt'-'ed, hale t. rut. said oalxo eferred _mount at accrued iutero_t to dute of is the ::um of e ;. the =u • ;ert;• end the - person. obi recoverable in any -t r'-er- fixed against nn sa y e:-e st the _:.1_cre of such 002t sus;^ improvements hereby __eoe_ed =snridinst, Lilo ; e ire t0 be bee of thirty day$ c f :rCa' rtidn of re ant: t3-e_ And the tat s owner, ^at _'-ilclud are ,assessed against :.i:c r ztrer-t, us follows, t'o 30 foot etreet are fol Set:. 4 to.writ: I, t, ,1 tr CT 'Pr • 0,1 _....44. N acceptan .:p , 11, o f Ueor_etawn, 0,0 id 3t the rate of ei,: fit {85r) e of LL]C1. 2nf:reeemo••31te, eperty may make e •n5tr. „Li tel , . the r roco payments, in whole GT 1U of principal and .- -I LC sum ev r ......f'.ti.--_ rlGa_.• .st be _ .:'d hy City of Ge foot .seed e curbss 1.... L I,_ the ordai cue: et: wan e-4-I-. , C.1 e , 33 ._. ini '12,22u:17. part. a» ;:roport end re, _11 of which curbs and (pit Fltlt.'_t. 12 accord; following owners far the o vemerits • uneJ L'- • xaamr----•w-aa-..amx,+r.sxx,c- + Column Jo. One, setting out the name of the owner of such abuttinn Colui n o. Two the locati_n or description o he ;_onT.aso infeet- and Column No. rialto :aind wvner thereof, whose such amount, as fellows, to•-:vi,.. DAME. i? J rflasnaoak, 0 u F _.od,Re la 179 Board of .lurch extension, i 0 G FLodge No 179, Mrs .Lily nu1,tin$GI1 Stine & Nelson 3 P lord Mrs it Evans ..Le Rosa 'Gnittenberg -Gard of Church Exton fi 10 n, ere ` taas jity Hall/ Price Atkinson r i.3ri:w L himniitt, Mrs Mary _:e.:ertgon Join •$Benson lrs :.: L uin:-:i tt ::tiscucal Church _Jana Nolie " -.-u3ah01::. l`Iy rift Eubank . �..- JeruhL TEU-,Coe 1 1 1:6.'.5on 11,rinsmar Cuhdol Goa ::caner J L ;whoa ^•Lliott Stone, Jim, May, crank C Humphrey, John Braneke tre J A Richardso Joe Edgar :,Ira Mary G B Sutton � -Jeff Logan, 'Oscar :ors-+rl]. 7-1L2d Care:tabors Mrs Roca 'ahituenberg • Lindell M C Hutton • ='ord Estate .ire :Ara Bobo Cooper 5anecan ...!re Laura ','7ilenan :ire B li 'Jiinmi tt 1 ? 8aunr - John Kuhl Sell Thompson • .. t'at'bi er ?ay Sherman Lee.o -llen - E 'Taylor L[re F 2 Roche Dr '.',i1 Schultz* r Total - - .. .. Sec. G. ^4lat tr.a Ci : n;in to be Issued in the name of S oc declaring the li ability of such ba. .icr- 'e been amde end taxes levied ass], tificates ,.o recite that the I'ro7 eedil€c merits as i;el':._nbefore cot for and. that all re__:lu ribald an slates shall be `s'cr tha amount Et their ei- to 011 1. Lots 6 and Part Lots Lot 5, 510 Part Lot Lot 2, .210 .art Lot 4 Part Lot 4 Let uBle 1'a.tLot 6 _art Lot 5 Lot 7, Par Past Lot 5 Lots 7 and sots. 5 and Lots 1 and Lots 3 and Lot 6,nart Lots 1 and • hit ,.,.-- Part Lets Lot 5,51ac Lots J LIi .._ ; i•eu r,',i, 1tiDS1 Do. Three total assessment made against snob c 5 arrears in Column Do. 1, oPr. CK J 7,_ i'Jk 39, 2 r.- 3, L±o_k 39, c i; .;t , "loss t- kc_r- oG2 , flacks 51 flock 51 eh 52 , blocks 52 • ''lacy 51, t Lot i, lou- c" • 5ioc> 51 6,:.i1oci_ 1, G 6,31oc:_ B1eck iG 4, Block 2G Lot 7,31ock 226 , --.Loci: s:: -,:fir 7 Pik 22G 5 and 6,310cii 22 1i10t: k: 13 022z ,:;Lock G. G Port G,Morro:r .... <en ^; rt G,Morrow Addition G'do'ro,r Addition ^r,L.orrow• Addition ' Morrow Addition • ,:orro+{ Addition y E Morrow ,addition } u ..iorrew Addition a 3 Morrow Addition Outlet 1,Di: 2 Add Lot ',Part nutlot 1,:av Logan 1 Lot 0 Morrow Ad-its-n Part Lot 0, Morrow Additiun Lot A,Liorr3, Addition Lot A,::orro'n addition :.iorrlur Addition S 3 Morrow Addition LOC C,Lturr ,. a.ddz.tion �Ert Lot 4,Morrow Addition Part/ Outlet 1,Li:• 6Lt Lot ,Blec r. a,Leltaii Addition Lot_ 5r5,end 7, 1oc•l: Slogan, Lot i,B1a t 2.,Lai_aii Let Cr3loui; 3,Logan Let Z5Bloc1r 3 L'7szan Lot 4,4loo1c 5,Logun Lot_ a and o,fllock 46 Lots 7 and 6,B1ack 26 Lots 3 and 4,31ouc 27 Iota 1 and 2,1Gek 27 • • 120 120 ipn 1E0 60 100 50 41 57 50 61 120 120 120 12n 106 120 73 Err <: 120 :_c 240 100.7 79 11,1 z. i 1-1 31z 100 100 76 65 160 100 111y 111 11.14 111z 100 120 75 73 75 76 120 120 120 120 _vzece•: 0: iii">rF.etc:2i, 11;r rr:)ncr - them and U13.20 `'' 1'3. 2n 613.20 613.20 262.n0 5435.00 117.70 262,n0 192.70 304.90 390.10 341.1n 345.00 45.98 345.65 345.00 __r.G'`J E5.4'n .1U l rl.l _,.,. 24G . 3n 343.35 324.20 670.50 153.60 311.64 226.64 319.97 319.67 319.87 319.67 2E6.68 286.66 21t{.03 166.47 516.36 29A.66 51-a67 319.57 319.87 319.67 319.57 265.65 364.54 292. 80- 023.40 223.77 423.77 223.77 347..+5 2& 00 47.56 324.00 L, _.;s..i.nah1e c • sail reference tU hare been regularly had in tI o1 a. M_ ie personal liability have by the respective and to be payable at the filth aeeecsmrntg ,.::at such roc 15 uLl ..._.eor r,-_rl fiat wInrr ,_•. IiP.L 11.....- In.:party, said Our - the :i:AI:i4Lt of such ILIai':'r'e- I AL and a:: i. anae with tha 111 tax been complied i1 owners and time the regtective cti•re owners and ii`..`t the Ad sod cer- ixed as a lien amounts dile on nest property a re • • _,fie under 4-2,4 on all deferred payments on Each scosamente; „„l4 shall _:irt'ie2 ,rovide that if it becomes necessary to force their obii.gatii.n at law there :'hail xTi attl:iitief to their face value, he duo on them re_aso!,able att• rnny'c Tor _their collection, if ineurr_e'1 rind Hail be enforceable :11 the. Bale manner cE-. the original aureBament or tax. Passed the 4th day of C ei'tember, .:.D.19::2. flimi ned and api ro Ved this t:� of September -.J. i-:w. Aar S T: City of Georgetown, Texas. STATE , i .ri,;7P_. Pare me, L J Di',LIMT", tiro Georget+onl, Texas. !nniere 'Paled au of the .C. t;) On t i day perEenta. appeared 1)chn Lt cnaarpe, iih:• Tieing'.' by me duly sworn :ii'U:: E`cat CE t:i.', i1 he is Pres- ident of : e Sun Publi c::i CST- �'rn cal lr tion 'shish F7:.',4 and i.'i1011' Q^6 e n'S1'infn coii ;e Ei:a.'' ...An, 1. - .7£Ei:_;y newspaper ;: i'`l2?1:iHi:Cd i. Sl :I,e Clt;; Of •aCer�,eteiZn, :A .'-,l eon ! Cowl. 'Zonis, ... that t2:+*: f.y re,c'1D i31�` :}ri1111:3 Ti::e B_ :ha it,' of GEnrgeto :.'n wus S:AbIi.H?:51 in dill 1n said 1_e:1'3'.'ayer o 'he lith, Milli and 25th d nP v1:pact, 1922. Juo M Shane. Sworn to aad 6.iT11 `.:::ribad CCfore me, th 2 the j.lth ay Of ::Cptcnee", i L' 2r l. D ,'1 Moos, '(: taryr Public, l iunson Colin STAfl OF fl EXAc, ,+CiiiT_ OF .i ILTI:. i ., '.aealne _.ea'he„'r .". i. t 'dart: of AA.. ice: ty of Geoe re.Ri, TE: hereby certify that as, _^,lice City !:le:: f:, I did on ::tT•p'ii£t l?t i`, 11'''ti, mn:1 to each of the S)8Yties against hom pee a<:ceI1-_. Pre Cad£ ... theaielG�'c i2:1� GiI1L'noe, a priat ad ..0I of said erjinanr?' ifl envelopes addressed to s.__J respective "rilee at.: their r"fitiecr 2`.'e addresace and hiaving zuri3.«'.tent postage thereon to carry same. %Titles_ i;7 i' Ii?S?!r1 .??7'd u.oe seal of said dA: •• i,' of eorgetoan, ic..aar e11i$ the llth A.D. 9 D. Geo _eai:ey, City Clark of the Cit;j Gaaraet 3wu, `' exasa OF i"t:S,' de i.ereb,' certi f Lane ti.uj e.':T_10 Cl of theca td e2nd d^;' i' i _.e'.1. y, a ..ie)..- 'vim LAC ergot..n, Tomas, going is _ tr-ca an' ccir eat copy .:i u.:^u .._almanac Taste. by 0:,1 re1_rgata n, ?c:CE'E, maL_.➢i7 flal cesoesz6'n.s 'iguiuct a'alit- _wne_s .anl.. t.i^_-:.. ;ti tne"s Filed for record racer ad Pebraary • , __. D.l!J2O. 5th. O Georg 192., .:t 11:45 O'oloe'._ 1923, at o `el:e}a ri: , Jau: escd an the t 1 &n; of ..:e..i. Teri: the u 6Trt,. ___.,..Y'6Of „OJT' : , r, v0i 1185 PRLI 154 18499 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE PREPARATION OF ENGINEERING PLANS, SPECIFICATIONS AND ESTIMATES RELATIVE TO THE IMPROVEMENTS TO BE MADE TO THE SIDEWALKS, CURBS, GUTTERS AND APPURTENANCES THERETO LOCATED AROUND THE PUBLIC SQUARE OF THE CITY OF GEORGETOWN ACCORD- ING TO THE MAP THEREOF OF SAID CITY OF GEORGETOWN: INVOKING THE PROCEDURE QUTLINED BY VERNON'S ANN. CIV. ST. ART 1105b, DETERMINING THAT A44 OF THE COST SHALL BE BORNE BY THE CITY EXCEPT FOR TWENTY- NINE PERCENT OF THE ENHANCED VALUE OR TWENTY-NINE PERCENT OF COST OF CONSTRUCTION, WHICH EVER IS LEAST WHICH SHALL BE BORNE BY THE ABUTTING PROPERTIES AND OWNERS THEREOF, PROVIDING FOR THE ASSESS- MENT OF SUCH SHARE TO BE BORNE BY THE PROPERTY OWNERS, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESSMENTS, AND DIRECTING THE CITY SECRETARY TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, heretofore the City of Georgetown by ordinance deter- mined the necessity for improvement to be made to the sidewalks, curbs, gutters, and appurtenances an and around the public square of Georgetown that may include making permanent improvements to such structures; THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN AS FOLLOWS: I. That the city manager is directed to engage a registered pro- fessional engineer to prepare the engineering plans, specifications and estimates according to the terms of Vernone Ann. Civ. St. art. 3271a for improvements to the sidewalks, curbs, and gutters, and ap- purtenances thereto as described in the architectural designs pre- pared by James David of the Gardens and located around the square of the City as shown on the map thereof a copy of which is attached marked Exhibit "A". II. The City Council of Georgetown deems it advisable and hereby determines to proceed under the powers, terms and provisions of Vernone Ann. Civ. St. art. 1105b and hereby adopts said art. 1105b. III. The cost of said improvements shall be paid as follows, to wit: The City shall pay all of the coat of the improvements to the sidewalks, curbs. and gutters and appurtenances thereto except for twenty-nine percent of the enhancement value or twenty-nine percent of cost of construction, whichever is least,of the affected properties which twenty-nine percent shall be borne by the owners of the abutting CHICIAL tLCOtos afut SOH gOW X 7gM Austen Data Inc. GT AI}111555 WM 8518499.001 • • fi • • • Yel ii$5 nric i55 property. Each owner of abutting property shall pay such share of its individual property as a result of the improvements to the sidewalks, curbs, gutters and appurtenances thereto. No assess- ment shall be made against any abutting property or the real and true owners therof for costs in excess of the benefits to such property in enhanced value therof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thereof, whether correctly named or not. IV. The City Secretary is hereby directed to cause to be prepared a notice of enactment of this Ordinance and to file said notice with the County Clerk of Williamson County, Texas, among the !Mortgage or Deed of Trust Records of said County. REND, PASSED AND APPROVED on first reading this 9 th day of April , 1985. READ, PASSED AND APPROVED an second and final. reading this 23 rd day of April , 1985. CITY OF GEORGETOWN BY: -1.' ''r, t'. ^ ° se . • - Al `/ATTEST s CITY SECRETARY APPROVEDs. • Austin Data Inc. GT ADI11555 WM 8518499.002 • • • vox 1185 PAGE 156 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was May , 19 85 , of Georgetown, Texan, on of Georgetown, Texas. • FILM} FOR RECOFO WILT. AMSr I r9ItNT ,TX, 1E35 MAY ((17 kW s 25 Pontizi ..... COUNT r acknowledged before me on the 16th day of by Carl Doering , Mayor of the City behalf of the City Council of the City N9Wy N9_ILI_C{ "STATE OF TEXAS 4 \ till},/o My Commission Expires, t Jt,/bq, STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that This Instrument iris RED on the date and el the lime stamped hereon by me; sM was duly RECORDED, In the Volume and Pale of the runt('RECORDS d WiUizr a County, Tens, es skimped hereon by me, a MAY 2 01985 NTY CLERK Wt4LUhcoH cOtINTY, TEAMS Austin Data Inc. GT ADI11555 WM 8518499.003 • • • ..1su:34.4 • ret • D .. • • t , 1, • la INSP14871 AFFIDAVIT THE STATE 8F TEXAS § 1625 WM/ I WILLIAN6Oa WHEREAS, the City Council of the City of Georgetown, Texas, adopted an ordinance on April 23, 1985. declaring a necessity for and ordering the permanent Improvement of those certain sidewalks, curbs, gutters, and appurtenances thereto located arbund the public square of the City of Georgetown, Texas; and • WHEREAS, a copy of such ordinance was recorded under Volume 1185, Page 154, of the Official Records of Williamson County, Texas, yet neglected to describe the properties subject to such assessment proceedings as described therein; WHEREAS. that the City Secretary of the City of Georgetown, Texas was directed under the aforesaid ordinance to cause to be prepared a notice of ersctment of this ordinance and to file with the County Clerk of Williamson County, Texas. to provide notice to the public of the assessments against such property to be levied; THEREFORE, the properties intended by said City Council to be subject to be subject to the aforesaid assessment may be hereafter levied by said council, *includes the following properties; • Unit Wo,1- "8th Street Unit' consists of sidewalks, curbs, steps, gutters and other appurtenances located on both the north and south sides of West 8th Street, in the City of Georgetown, Texas, beginning at the eastern boundary of the intersection of Rock Street and West 8th Street, and proceeding easterly across Austin Avenue and Main Streets to the western boundary of the intersection of Church Street and West 8th Street; excluding such property owned by Wtlltacson County (county courthouse, sidewalks, lawn) and property owned by the federal government (U. 5. Post Office, steps, sidewalks); Unit No.2 - '7th Street Unit' consists of sidewalks, curbs, steps, gutters and other appurtenances located on both the north and south sides of West 7th Street In the City of Georgetown, Texas, beginning we. tootita PDOMTX lrasta Austin Data Inc. GT ADI11555 WM 8601828,001 • • • , VOi 12 8 nct 872 at the eastern boundary of the intersection of Rock Street and West 7th Street and proceeding easterly across Austin Avenue and Main Street to the western boundary of the City parking lot on the north side of West 7th Street and the western boundary of the alley on the south side of West 7th Street; excluding all that certain property located on the north side of West 7th Street between the eastern boundary of the intersection of Rock Street and West 7th Street, and the western boundary of the intersection of Austin Avenue and West 7th Street (First National Bank), and excluding such property owned by Williamson County (county courthouse, sidewalks,lawn); Unit No. 3 - 'Austin Avenue Unit' consists of sidewalks, curbs, steps, gutters and other appurtenances located on both the east and west sides of Austin Avenue in the City of Georgetown, Texas, beginning at the northern boundary of the intersection of West 9th Street and Austin Avenue in the City of Georgetown, Texas, and proceeding north across West 8th Street and stopping on the west side of Austin Avenue at the center line of West 7th Street; and proceeding on the east side of Austin Avenue across West 7th Street to the southern boundary of the alley located In the middle of the block found on the east side of Austin Avenue between West 7th Street and West 6th Street; excluding such property owned by Williamson County, (county courthouse, sidewalks end and lawn); Unit No. 4 - 'Main Street Unit" consists of sidewalks, curbs, steps, gutters and other appurtenances located on both the east and west sides of Main Street in the City of Georgetown, Texas, beginning at the northern boundary in the intersection of West 9th Street and Main Street and proceeding north across West 8th Street, and West 7th Street to the southern boundary of alleys located at the middle blocks found on the east and west side of Main Street between West 7th Street and West 6th Street; excluding such property owned by Williamson County (county courthouse, sidewalks and Iawn); WHEREFORE the City of Georgetown, Texas, acting by and through its City Council as caused this notice to be signed by the City Secretary in the nest of the City of Georgetown and to have the official semi of the City of Georgetown hereto affixed this /4 day of January, A O. 1986. • CITY OF GEORGET • • . c ..u.ti ALLi. _'t}t ' .'i.. .. 8... t1:• • .'_.�+t ;.ek' Y3�F Austin Data Inc. GT ADII1555 WM 8601828.002 ;ii • • b ere ...a a .4- ...... .♦1 ♦ • • THE STATE OF TEXAS CtJlllNTT OF VIL.CIAIISOA This instrument was acknowledged before aeon the t4./y,•day. A';'.•;:•: January, 1986, by Pat Caballero, City Secretary of the City of feorge,+r,pwn,. Texas. 'r, t �Y'. > . My emission expires: d [ f orn pecan:Lon: r, Norse giwzN N: gMJPs STin't Say ptAtti1 I=De57015.244 Crc*►ere TEN-01 fix a 4 12 • • -r rYPEo or rfnteG nave Pf`IIp�ary) Sr ; . STATE Of 11:U3 COAT( OF Ts1LtAktSQ(tf 1 hereby catty VW Ibis tram coact ass FLED on the dell led rt Ow lint awed !tertian by e)K and was duly RECORDED In the Volume end Pape oT the fumed RfCDRDS S Wit6smson Ccusty, Taus, a skimped hereon by ns, on JAN 151986 DYAD' CLERK W1WAfcQN COUNTY, TEXAS • Austin Data Inc. GT ADI11555 WM 8601828,003 • • • 14 11 _ 1• air r., „1 • v_ • irk i • rr • THE:STATE OF TEXAS, COUNTY OF WILLIAMSON. 254 THIS LEASE is made and e&ecuted in duplicate by and • between •'/the City of Georgetown, Texas,_acting nd through its duly .electediMayor, herein 9'1ed_LES5OR;--and-the Chamber of Conuuerce of the City of Geor-getowm, Texas, acting by and through its. 'Manag.er; E. R. llartinka, and,. its President, Harry Gold', herein . ailed LESSEE.• . 1: .bessor leases Lo Lessee, and.Lessee hires from Lessor • .as herein provided, the premises located at 114 West 9th Street, • City of Georgetown, County of.'Williamson, State of Texas, and mgfe pacticuTarly described as; follows: . BEING the South 1/2 of Lot"S, Block 511 as shown by the Revised Map of the City oftGeorgetown, Texas, which is found An Vol. 2.6, Page 321, Deed Records of. Williamson ' :County, Texas, 'and being :tbe same property conveyed by .Geofgetovm Water Company 10.B. A. Strange, Mayor'of the City. of Georgetown, Texas, by deed dated December-6, 1U83 recorded in 'Vo1.32, Page 47B,.Ueed Records of Williamson County, Texas. • / • 2.•The term of this lease .is ninety-nine (99) years, beginning November h2, 1972. - i - 3. The total rent of this tease is Lin' skuiu of IlineLy-Nine and N0/100,;(599.00) Doliars. lessee agrees to pay I.'' ti+ said aum t to installments 1 fpe and-NO/100•($1.00) Dollar (lack, payable St • the office bf Lessor, in,the City of Georgetown, Texas, heginnincl •• on November 12;`1972, and payable On the 121h day of each November of each ;succeeding year thereafter during the.term of the lease. -4. '_The premises to be -leased are to be used as -a general ' office by the Chamber of-Coniterce.and L'esce agrees to restrict its use to such.purposes and not to use; or permjt the.use of -the pre- ..... .. -_.. ... ..... ......._-.._-....... __ ...__.-_. .._._._ .....i 'mises -for hy'-other purpose.'Oithout'first obtaining thesonsent , writing-of'Lessor:, or -of Lessor's authorized agent. . 5. Lessep,aarees.nnt to use t)te premises in any manner, even . in '.i 5 USe 'TdF theevils Ose5 (3t• G, i n • s riir:- n r :?'di :that . • • • . .. - . s_ 1.. .. Ifte, • • • .r F _ _•.L . .. -••. • • • • • aga • • ' 1: •fir . " (Ar;E€63 l .- will increase risks -covered by insurance'on the building • • - . 4 where the premises are located,•so as to increase the rate}of in- surance on the premises, or to•cause cancellation of any insurance policy covering the building. Lessee further agrees not to keep .. t }_ f _,-. . on the premises, or permit/to be'kept, used, or sold thereon: any-. .. ram `' thing prohibited by the policy of -fire insurance covering the . . ., premises.. Lessee agrees to comply, at its own expense, with all!re m r quirements of insurers necessary to,keep in force the fire and -public liability insurance covering the premises and building. 6. Lessee shall not commit; or allow to oe committed, any waste • • on the premises, create or allow any nuisance to.ezist on the premises, or use or allow the premises to be used for an unlawful purpose. • - mMi ' 7. Lessee, at its expense, shall maintain and keep the premises, including without limitation, windows, doors,'$kyli.ghts-, adjacent- , sidewalks, storefront and interior waits, in good repair. 1 8: Lessor represents that the premises are in fit condition for • use as an otfice'for the Chamber. of Commerce, • Lessee.agrees to accept the premises on possession as being in a good' state .of repair and in. • sanitary condition. He agrees to -surrender the premises' to the Lessor at the end of the lease_ term, ijf the Lease is not renewed; in -the same condition aswhen he took possession, allowing for reasonable use.and wear, and damage by acts df God, including fire and,storms, Lessee agrees to!remove all business signs or'symbols placed on the premises by it before- redelivery of the premises to•the Lessor, and to•restore the p$r.tyon of the premises on \vhich they•were plated in the -same condition1as-before.their• placemene. r-. - 9, . Lessor reserves the fight to enter on the premises at-rea-. sociable times to inspect them, to perform -,required maintenance and.repair, or.to.fake additions or alterations to any part of . 'the building-i• .n•_wh'ich .the premises- leased are located lath Lessee - .. • a -41,Serlidttettor to _do so. Lessor:inay, in connection - alterations, adtiftibtis, or repairs; eredt scaffo-ding, - :.• • • i • et • • 1' -a • •• • .;_a itizz , fences, and simil ures; post r 1evarit notices, and .place moveable equipment without any obligation to -reduce Lessee's rent for the premises during such period, -and without incurring liability to Lessee for disturbance of quiet enjoyment of the premises,. or loss of occupation theren•f. r r 10. Lesseeees, to procure- andI-mglntain in force during the term of this lease arjd any extension thereof, at its expense, r public liability insurance in compam es and through brokers approyeii by Lessor; arquate•to protect against liability for damage claims through public use of or arising out of accidents r occurrinu ;n_or around the leased premises, in a minimum amount of • for, each';ierson injured, ee- for any • one: -accident and SFern 9.3z9 • Jfor, damn rfe to property. • Such in • stirance policies shall providr coverane for Lesson's contingent f I pliability on such claims Or 1-dsses. The policies shall he de- 1 r livered to Lessor for keepin0 Lessee agrees to obtain a writte obligation frour the insurers;tid .noti fy Lessor iu wri tiny at least - ten j10) days prior to cancellation or refus,71 to renrw any such policies. te'-see agrees'itiial , it ..uch iirc.uranr.e pal ivies - r are not kept: in r;orr.0 tluring the entire Lerfi ';t Uri; 1ease- and an/ extensions the-eo-f, Lessor may procure INc necessary in-.• surance';r_pay the premises therefor, and that -Such premium shall --fie repaid to Lessor as an additional relit installment for the moot following the .date an wliich such premiums are paid. • • 11. Lessee agrees nbt to assign ur,suhlease the prep.:14 ':"~•• - w leased/ any part• thereof, or any, right or privilege connected there- with; -or to allow any -other person, except Lessee's agents and •eur• - ployees, to occupy the.prenrises'or any part thereof, without first •obtaining Lessors written' consent. . 4ne'consent by Lessor shah not be _a-cdnsent to-a-'subsequent\assignment,-sublease, or.occupa-.. Open b''other.persons,✓Lessee's.upauthorized'assignment, sublease: • or license to occupy shall be:voidy, and'shall terminate the lease 4 • •. : • • • • -. ... .. • _ ., • r + .. '.••• 65 rt• • • • • at Lessor`s option. lessee'sinterest in -this -lease is not assignabl-e''by•operation of law•,.nnr is any assignment:of.its interesttherein;.withouttLessor's written consent. 12. If Lessee breaches this Jease, Lessor shall have the following remedies. in addition to its other rights -and remedies in•such event: • • • (a) Reentry. Lessor may reenter the premises:immediately; and remove a11'Lessee's personnel and property therefrom. Lessor • -may store•the.property in a publicwarehouseor at another place of -his choosingsat Lessee's expense or to Lessee's account. (b) Termination.Ii After reentry, Lessor. may terminate the" Jease on -gtvi:ngrthirty (30) days' written notice of such termina- tion to Lessee. Reentry only, without notice•of terminatio will•not terminate the'lease. • • (c)• Reletting Premises.- After reentering the premises or arty part thereof, for any term the lease -at such rent acid bn such t'ermsas-;it may choose. may make alterations and'repatrs to the premises... 13.:. Notices given pursuant to the/provisions of this'lease, or Lessor:may relet Without terminating Lessor necessary to carry out its(provisions, shall be in writing, 'arid :deliver:.e&personally-::to the:person to w,honi theriotite.Is to• be :givell*Or.•masled._pnstage prepaid,- addressed to-sudh person, Lessor's addres-for:this:.pur/pase shal-l•be )03 West 7th, Georgetown,. Texas, or such:ather :addres+s:.as may be.in'writing designated to Lessee. Notices to t:essee-may:be addressed to•Lessee at the remises leased: 1-assor.s wai_v:er of breach of. one covenant - or condition , lease1 S..:not..a__•Waiver'of -breach of others, Pr of subsequent ssor':s_-acceptance of rent installments '.a.waver of the breach, except of breach•of HO:Jienr _ instal lment or: instal lments accepted, . , ease _ nd.:the. c.©v.enants and- _condi,tz ons apply an_ding oil the flair's, :successors, ;executor's,- administrators, • d ass i'gn• s 03 =the Hart- es ':Hereto r 66p RGE666 • - • • • • • • • • • • 4. • • 4 MEW • 16. Time is of the essence of this lease. - DATED THIS J-.13 day.'of iovember, 1973. 665 eK_fl67 - C'iY OF GEORGETOWN, TEXAS 1 �`'�� • JOE E. CR4t0RD;A• -t1R•.-._ ATTEST: • / �,1 i CITY SECRETARY , LESSOR • t,CDRGETOWN COAI4BER OF COMMERCE / -��r/ / n. E. it. I,1ARTINKA, f1ANASER_ IARRY L. GJLI), PRESIDENT ' %4_o . s w�Y".-F. • • 1_c aALL`-. • • • • • • • • • • • • • _:J • • • sing instrument and 665. FgE THE STATE OF, T$ , ., COUNTY .OF Sdil L'Std,' BEFORE NE the undersigned authority, an ibis day personally appeared Joe E. Crawford; known to me to be the person whose. name is subscribed tb the foregoing instrument and acknowledged to me that. he.executed the same for the purposes and consideration therein therein.stated. GIVEN UNDER. MY THE STATE OF TEXAS,, . COUNTY OF WILLIAMSON.. expressed, and in the capacity NOTARY P[TBLIC in. and for W111iamson•County, Texas BEFORE ME, th© undersigned authority, an this day persenally appeared E. R'.'Hartinka,:known ..to me to be -the person Whose name _it subscribed to • the foregoing instrument and acknowledged to me that he executed the same for the'nurpdses and consideration therein expressed; ehd.in.the capacity therein :Stet ed GIVEN. UNDER tit:HAND AND SEAL rOls' OFFICE, this 1995 .THE STATE OF:,TEXAS; C6w1.py:OF;;:w_ IA:i5ot,' day of '`410l}-QN'ii1u.2; /7•'i t f i • NOTARY PUBLIC i.rt-and o Williamson County, Texas-''.- • • F r• C e.undersigned:aiit ority;;on.tihie day personally appeared o to me to berths person ass nate.is subscribed to the Ma that 'he=executed he' Same for • r. cknouledgadto • a • • 'the -,-purpaaeg and consideration;therein express ;. al-rrAND:_d4+4Y .................. • M. and h, the 016 • Wm • • ,• • i $ ry 3z • t` Gfnnty.. vt".'P pisurBon tht. toresat t Initrument In ;+njt 11th P�4.... , on the, day of.. Ihc.• 12 th day at.. D) • • • • tek-Cervenka,, Clerk at.the 'County Court of lth ,jta &i-WI. to of authentication. was .. D. 14:.... t • said Cawity do hereby ecrtify- flled tot ree ttd in-cSY otYtce _.l aid ' 2 .o'eioctt,.-......,I.I -and .duly Deed Recpr is 3.. • WITNESS MY HAND -and icatf of Ibe C_ ouiuy Co the date host abaY4.:written.. -' t • • • • • .Out • ii. o'clock .. i.. in t 665 sand County, in Vol.: - of sold County. at 'office in DICK CERVENKA. CLERK. - County Ci,urt, 'Will. • 1 f • • r. recorded tlda - 663 PP....................... Georgetown, Texas, • • RELEASE OF LIEN WHEREAS, on September 4, 1922, the City Council of the City of Georgetown, Texas passed an Ordinance recorded in Volume 6, Page 421, Mechanic's Lien Records, Williamson County, Texas; and WHEREAS, the City Council levied an assessment in favor of the City of Georgetown against abutting property owners for paving improvements on portions of Main Street; and WHEREAS, an assessment was levied against City Hall and property described as Part Lot 5, Block 51, for in the amount of $341.10, plus interest, and WHEREAS, on July 24, 2012, the City Council released the assessment because the assessment was in favor of the City against the City and property owned by the City at the time of the assessment. NOW, for and in consideration of the recitals above, and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby RELEASE AND DISCHARGE the property described as Part Lot 5, Block 51 from any and all liens recorded in Volume 6, Page 421, Mechanic's Lien Records, Williamson County, Texas. EXECUTED the day of , 2012. CITY OF GEORGETOWN By: George Garver, Mayor Al tEST: By: Jessica Brettle, City Secretary APPROVED AS TO FORM By: Bridget Chapman, Acting City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § The foregoing instrument was acknowledged before me this day of July, 2012 by George Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of the City. Notary Public — State of Texas After Recording Return To: RELEASE OF LIEN WHEREAS, on April 23, 1985, the City Council of the City of Georgetown, Texas passed an Ordinance recorded in Volume 1185, Page 154 and corrected in Affidavit recorded in Volume 1298, Page 871,Official Records, Williamson County, Texas; and WHEREAS, the City Council levied an assessment in favor of the City of Georgetown against abutting property owners for improvements to sidewalks, curbs, gutters and appurtenances located around the public square of the City; and WHEREAS, on July 24, 2012, the City Council released the assessment because the assessment was in favor of the City against the City and property owned by the City at the time of the assessment. NOW, for and in consideration of the recitals above, and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby RELEASE AND DISCHARGE the property described in the Affidavit as: "Unit No. 1- Sth Street Unit" and "Unit No. 2 -- 7th Street Unit" and "Unit No. 3 — Austin Avenue Unit" and "Unit No. 4 — Main Street Unit" from any and all liens recorded in Volume 1185, Page 154 and corrected in Affidavit recorded in Volume 1298, Page 871,Official Records, Williamson County, Texas. EXECUTED the day of , 2012. CITY OF GEORGETOWN By: George Garver, Mayor ATTEST: By: Jessica Brettle, City Secretary APPROVED AS TO FORM: By: Bridget Chapman, Acting City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON § § § The foregoing instrument was acknowledged before me this day of July, 2012 by George Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of the City. Notary Public — State of Texas After Recording Return To: lease: MEMORANDUM OF TERMINATION OF LEASE This Memorandum of Termination of Lease memorializes termination of the following Lease dated November 13, 1973 between the City of Georgetown, Texas (the 'City"), as lessor, and the Chamber of Commerce of the City of Georgetown ("Chamber of Commerce"), as Lessee, pertaining to the South % of Lot 5, Block 51, commonly known as 114 West 9th Street, Georgetown, Texas and recorded in Volume 665, Page 663-669, Deed Records, Williamson County, Texas (' 1973 Lease"); and RECITALS: WHEREAS, the term of the 1973 Lease was for 99 years, commencing on November 13, 1973; and WHEREAS, on December 11, 1984, the City and the Chamber of Commerce entered into a lease of 1.88 acres of land (1984 Lease) for the Chamber of Commerce to construct a building and improvements; and WHEREAS, the Chamber of Commerce constructed a building and improvements on the land made the subject of the 1984 Lease, commonly known as 100 Stadium Drive, Georgetown, Texas; and WHEREAS, in the Chamber of Commerce relocated from 114 West 9th Street (1973 Lease location) to 100 Stadium Drive (1984 Lease location); and WHEREAS, the City and the Chamber of Commerce considered the 1973 Lease terminated in 19 when the Chamber of commerce relocated from the 1973 Lease location to the 1984 lease location. NOW THEREFORE, THE CITY AND THE CHAMBER OF COMMERCE HEREBY CONFIRM AND AGREE AS FOLLOWS: 1. The facts stated in the recitals are true and correct. 2. The 1973 Lease is terminated and is of no further force or effect. 3. The building and all improvements made the subject of the 1973 Lease are owned by the City of Georgetown. Memorandum of Termination of Lease 4. To the extent of a conflict between this Memorandum of Termination of Lease and the provisions of the 1973 Lease, the provisions of this Memorandum of Termination of Lease controls. IN WITNESS WHEROF, the City and the Chamber of Commerce have executed this Memorandum of Termination of Lease to be effective on July , 2012. THE CITY OF GEORGETOWN a Texas Home Rule Municipal Corporation By: George Garver, Mayor ATTEST: By: Jessica Brettle, City Secretary APPROVED AS TO FORM: By: Bridget Chapman, Acting City Attorney THE STATE OF TEXAS THE COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2012 by George G. Garver, Mayor of the City of Georgetown, on behalf of the City of Georgetown. Notary Public, the State of Texas Memorandum of Termination of Lease 2 THE STATE OF TEXAS THE COUNTY OF WILLIAMSON CHAMBER OF COMMERCE By: Name. Title: § This instrument was acknowledged before me on the day of ,2012by of the Chamber of Commerce on behalf of said organization. Notary Public, the State of Texas Memorandum of Termination of Lease 3