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HomeMy WebLinkAboutRES 112216-F - Temp License AgmtRESOLUTION NO. l D'M In"r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY LICENSE AGREEMENT TO ALLOW INGRESS AND EGRESS ACROSS THE FUTURE RIGHT OF WAY FOR WOLF RANCH PARKWAY SOUTH OF THE CURRENT TERMINUS OF D.B. WOODS ROAD. WHEREAS, the City of Georgetown (the City) owns real property which is the future right of way of Wolf Ranch Parkway; and WHEREAS, the City has received a request to allow Enterprise Crude Pipeline, LLC, a Texas limited liability company (Enterprise) ingress and egress across the right of way south of the current terminus of D.B. Woods Road in order to access existing easements for the purpose of maintaining their pipeline infrastructure, utilizing an area detailed in the Exhibit "A", attached hereto (License Area); and, WHEREAS; this ingress and egress will be limited to small vehicles and for only the term during which the future Wolf Ranch Parkway is under construction, and is not public right of way; and WHEREAS, the property owner agrees to accept the terms of the revocable license agreement as set forth in the City Code of Ordinances Section 12.09 as they may apply and to reimburse the City for costs incurred to process the request in accordance with State law requirements; 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. The Mayor is hereby authorized to execute a Temporary License Agreement in substantially the same form attached hereto as Exhibit "B". SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. 1 1 �L'a 16 - r Description: Temporary License Agreement, Future Wolf Ranch Parkway- South of DB Woods Terminus Date Approved: Page 1 of 2 RESOLVED this a-aL day of NOJeMt Pt 2016. CITY OF GEORGETOWN By: Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. I I aakLP "F ATTEST: J y 10 Shelley N ing, City S ere ary Description: Temporary License Agreement, Future Wolf Ranch Pajkwa - South of DB Woods Terminus Date Approved: 1% l a s �� 01In Page 2 of 2 Q t -1 W 400 0 400 800 Scale: 1" - 400' L16 IS AB RA T N( JUDY DEAN WOLF HINDELANG, ET AL. TRACT 5, PARCEL 3 (291.09 AC) DOC 2009090679 O.P.R.W.C. BETIIE VOLMAY 3O AC) ESTATE -- N VEY PG. 84 SUP o.R.Rw.c. jOSEPA S ROS NO 608 LEGEND • %- IRON ROD FOUND O H" CAPPED IRON ROD SET O.P.R.W.C. OFFICIAL PUBLIC RECORDS, WIWAMSON COUNTY LINE TABLE NUMBER I DIRECTION DISTANCE L4 N 19'51'56" W 11.42' L6 S 85.53'32" E 408.54' L7 N 24'31'25" E 35.08' L8 N 20'55'33" W 349.27' 1_9 N 6842'33" E 120.02' L10 S 20.55'33" E 349.77' L71 S 6559'18" E 35.32' L12 N 6856'57" E 308.99' L13 S 20'11'06" E 150.02' L74 S 68'56'57" W 447.48' 115 N 85'53'32" W 408.54' L16 S 7742'32" W 135.30' 178 LEGEND OAKS (30 AC) CAB. F SLIDE 264 O.P.R.W.C. 12.630 ACRE TRACE 749'27" W 716.27' CURVE TABLE GEORGETOWN CHURCH OF CHRIST LOT ONE (26.24 AC) CAB. M, SLIDE 186 O.P.R.W.C. NUMBER DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING. RADIUS C3 0702'17" 601.29 Ph. 512-837-2446 Fax 512-837-9463Firm 600.91 # 2411 S 74'11'23" W 4695.00 C4 25'17'00" 492.02 488.04 N 81'27'58" E 1115.00 C5 2325'15" 394.46 391.72 N 82'23'50" E 965.00 C6 25'09'31" 489.60 485.67 S 81'31'43" W 1115.00 C7 25'17'00" 425.84 422.39 S 81'27'58" W 965.00 CB 08'53'05" 782.31 781.53 S 73'16'00" W 5045.00 BEARING BASIS OF THE SURVEY SHOWN HEREON IS PROVIDED BY LCRA CPS SUB-HARN DATA AND IS REFERENCED TO THE NAD 83 CONTROL DATUM, TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, AND NAVD 88 VERTICAL CONTROL DATUM. THE BEARINGS AND DISTANCES SHOWN HEREON ARE SURFACE VALUES WITH A COMBINED SCALE FACTOR OF 1.00D14. SKETCH TO ACCOMPANY FMD NOTES FN11012 OF A 12.630 ACHE TRACT OF LAND THOMPSON SURVEY, ABSTRACT NO. 608, SITUATED IN 1HLLIAMSON COUNTY, TEXAS. E aHBTT 'A', SHEET 3 OF 3 HAYNIE CONSULTING,INC.Civil Engineers and Land Surveyors C'Tiu6iW 1010 Provident LaneRound Rock, Texas 78664-3276 Ph. 512-837-2446 Fax 512-837-9463Firm # 2411 DRAWN BY : CAA DATE: 2/20/11 JOB NO.: 488-08-01 SP11012 FIRST RCHURCH GEOEORG OWN LOTNE (21.70 AC) CAB. L, S DE 311 O.P.Rf.C. POINT OF o D co Ln Ln L12 W u W Z L14 J m 1•- Do U Z) Q � N N Z Q Lu G w J OUT OF THE JOSEPH I, TIMOTHY E. HAYNIF, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION, AND THAT ALL CORNERS ARE MARRED AS DESCRIBED. A METES AND BOUNDS DESCRIPTION WAS PREPARED TO ACCOMPANY THIS SKETCH. Exhibit "B" TEMPORARY LICENSE AGREEMENT This Temporary License Maintenance Agreement (the "Agreement") is made this day of , 2016 (the "Effective Date") between THE CITY OF GEORGETOWN, a Texas home rule corporation ("Licensor"), whose mailing address is P.O. Box 409, Georgetown, Texas 78726 and ENTERPRISE CRUDE PIPELINE, LLC, a Texas limited liability company ("Licensee"), whose mailing address is P.O. Box 4324, Attn: Land Dept., Houston, Texas 77210- 4324. RECITALS: WHEREAS, the City of Georgetown, Texas, has acquired certain tracts of land, those being more particularly detailed on Exhibit A attached hereto and made a part hereof for all purposes (hereinafter referred to as the "License Area"); and, WHEREAS, The City is in the process of constructing on this property an extension of Wolf Ranch Parkway (the "Project") which will, upon completion of construction and acceptance by the City, become a public road and right-of-way. WHEREAS, Licensee wishes to utilize the License Area for temporary ingress and egress during the construction of the Project; and WHEREAS, Licensor has agreed to grant Licensee the right to use the License Area for such purpose, subject to and in accordance with the terms and provisions hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the parties have agreed as follows: 1. Grant of License: Licensor hereby grants to Licensee, for the duration of this Agreement, the exclusive right, privilege and permission to use the License Area for Licensee's ingress and egress across the License Area, and only for such purpose. 2. Consideration for the License: As consideration for the rights granted herein to Licensee, Licensee shall pay to Licensor, upon full execution hereof, a one-time license fee (the "License Fee") of One and No/100 Dollars ($100.00). 3. Extent of License. The license hereby granted to Licensee is revocable at any time by Licensor, in the manner provided in Section 5 below. 4. Title of Licensor: Licensee acknowledges the legal title of Licensor to the License Area and agrees to never deny this title or to claim title in Licensee's name. 5. Revocation: The City shall have the right at any and all times upon 180 days written notice to the Licensee, its representatives, successors or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation or any other public or municipal use or purpose, and in such event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. The Licensee shall have the right at any time upon 180 days written notice to the City, to relinquish the use and possession of all or any part of the licensed area as it may so determine and to cancel said revocable license as to that part so relinquished. 6. Restrictions on Use: Licensee shall not 1) store any items or material within the License Area, including but not limited to, personal property, vehicles, equipment, spoils or materials, 2) utilize the License Area for any activity other an ingress and egress to and from its facilities or easements, 3) utilize the License area for ingress or egress of construction equipment or construction vehicles, 4) utilize the License Area in a manner inconsistent with the best industry practices and safety standards for an active construction site. Licensee's use of this license is restricted to Class 1 vehicles as rated by the Federal Highway Administration, as of the execution of this Agreement. Licensee agrees to contact the City's contractor at 512-801-4039 to notify of any plan to access the License Area between the hours of 7 am and 7 pm, Monday through Saturday, prior to accessing the License Area. Access of the License Area outside of the aforementioned period is permitted, but prior notification is not required. Licensee further agrees to follow the orders and directions of the City's employees, agents and contractors while within the License Area. 7. Insurance: Licensee shall maintain a policy of commercial general liability insurance pertaining to Licensee's use of the License Area, including personal injury and property damage, with the premiums thereof fully paid in advance, issued by and binding upon a solvent insurance company acceptable to Licensor, such insurance to name Licensor as an additional insured. Such policy shall afford minimum protection of not less than One Hundred thousand and No/100 Dollars ($100,000.00) combined single limit coverage for bodily injury, death to any one person, or property damage in any one occurrence. Licensee shall furnish a certificate of insurance to Licensor as evidence of the maintenance of insurance coverage required hereunder prior to Licensee being entitled to have access to the License Area. 8. Indemnification: Licensee shall indemnify, defend with counsel of Licensee's choice, and hold Licensor, its successors and assigns, agents, employees and contractors, harmless from and against all and any actual or alleged claims, demands, damages, losses, liabilities, costs or expenses (including, without limitation, attorney's fees) arising from or incurred in connection with (i) any injury to person or damage to property caused by any act, omission or neglect of Licensee, Licensee's agents, servants, employees, or invitees; (ii) Licensee's use of the License Area; and (iii) any activity, work or operation done, permitted or suffered by Licensee in the License Area. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LICENSOR OR LICENSOR'S AGENTS, FROM STRICT LIABILITY OF ANY SUCH PERSON OR OTHERWISE, BUT IN SUCH EVENT LICENSEE SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LICENSOR OR LICENSOR'S AGENTS. 9. Assignment. Licensor may freely transfer its interest in the License Area and in this Agreement at any time. Licensee may not at any time transfer or assign all or any portion of the rights granted to Licensee herein. 10. Binding Effect: The terms, provisions and covenants contained in this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 11. Expiration of License: This license shall expire upon completion and acceptance of the Project by the City. 3 LICENSOR: THE CITY OF GEORGETOWN, a Texas home rule corporation. By:_ Name Title: LICENSEE ENTERPRISE CRUDE PIPELINE, LLC, a Texas limited liability company By: Name: Title: APPROVED AS TO FORM, ONLY: Assistant City Attorney [Exhibit "A" to Temporary License Agreement] Exhibit "A" to the Temporary License Agreement is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Temporary License Agreement prior to execution.