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Home My WebLink AboutRES 011017-H - Wastewater Line EsmtRESOLUTION NO. 1100 ►'j — 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING ACCEPTANCE OF THE ASSIGNMENT OF WATEWATER LINE EASEMENTS OUT OF THE FRANCES HUDSON SURVEY, ABSTRACT NO. 295, AS DESCRIBED IN DOCUMENT NOS. 2010017800, 2010018440 AND 2010017801; AND PURSUANT TO THE PARTIAL ASSIGNMENT OF WASTEWATER LINE EASEMENTS RECORDED AS DOCUMENT NOS. 201101997 AND 2016076727 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, the City has entered into an agreement with Westinghouse Road Development Group, LLC to facilitate the extension of wastewater utility infrastructure to properties along Westinghouse Road, known as the Offsite Utility Construction and Cost Reimbursement Agreement for the Westinghouse Road Wastewater Improvements (the AGREEMENT), dated July 29,2014; and, WHEREAS, as part of the agreement, Westinghouse Road Development Group, LLC is required to provide easements for the extension of said wastewater utility infrastructure; and, WHEREAS, the Assignment of Wastewater Line Easements (the ASSIGNMENT), a copy of which is attached hereto as Exhibit "A", has been executed and delivered to the City to satisfy, in part, the requirements of the AGREEMENT; and, WHEREAS, it is hereby declared that the City of Georgetown finds it to be in the best interest of the public to accept the assignment of the wastewater line easements described in the ASSIGNMENT, to facilitate the extension of wastewater utility services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: 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 further Resolution No. O 11 01 "l - ht Description: Assingment of Wastewater Line Easements, Westinghouse Date Approved: �� 0 ! Z) OI % Page 1 of 2 finds that the adoption of this resolution is not inconsistent or in conflict with any other 2030 Comprehensive Plan Policies. SECTION 2. The Mayor is hereby authorized to execute this resolution and to execute an Assignment of Wastewater Line Easements in substantially the same form as Exhibit "A" attached hereto, and any other conveyance document(s) necessary to complete the acceptance of the easements described herein, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this l0 day of TN+► J t l f*/LY 2017. CITY OF GEORGETOWN By: OL 1 Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. 0 110 11 N' 040106119 5 �o Shelley No City Secr Description: Assingment of Wastewater Line Easements, Westinghouse Date Approved: 1 /I a aDl Page 2 of 2 EXHIBIT "A" ASSIGNMENT OF WASTEWATER LINE EASEMENTS STATE OF TEXAS COUNTY OF WILLIAMSON This Assignment of Wastewater Line Easements ("Assignment") is made and entered into effective as of March 22, 2016, by Vincent J. Stagliano and Peggy Stagliano, and K&H Investments, a partnership between Henry B. Mayes, Jr. and Kathleen M. Mayes (collectively, "Mayes"); Gruy LLC, a Texas limited liability company, Calex Resources Inc., a Texas corporation, LDJ Properties, Ltd., a Texas limited partnership, Robert W. Teeter and Pamela S. Gourley, Edward C. Coppola, E C Coppola Family Limited Partnership, a Texas limited partnership and Madison TCT, Ltd., a Texas limited partnership (collectively "Windmill Hill"); and BP Westinghouse Investors, LLC, a Texas limited liability company ("Bourn") (collectively Mayes, Windmill Hill and Boum are referred to as "Assignor") in favor of the City of Georgetown, a Texas Home Rule Municipal Corporation (the "City"). Assignor hereby GRANTS, SELLS and CONVEYS to the City all of Assignor's right, title and interest in and to certain easements described on attached Exhibit A (the "Easements") without warranty, express or implied. The City hereby accepts the assignment of Easements. This Assignment is made pursuant to that certain Offsite Utility Construction and Cost Reimbursement Agreement for the Westinghouse Road Wastewater Improvements dated effective July 29, 2014 between the City and Westinghouse Road Development Group, LLC, a Texas limited liability company, and is subject to and conditioned upon all terms and conditions set forth therein. (Remainder of page intentionally blank.) (Signature and notary pages follow.) Assignment of Wastewater Line Easements Page 1 I:)a.eH10URM WcslinghowePanicipationAgmt'AssignEsmf032216GM5.docx MAYES: �,�c7 4Pe.-gagliano THE STATE OF TEXAS ) )ss.R-1 MMYLLRE M COUNTY OF GoLL1 WCOMMISSIONNEVIRES � This instrument was acknowledged before me on the o?�day of Ap4 2015, by VINCENT J. STAGLIANO. C/ i Printed Name of Notary: t Notary P(Mic for the State of Texas %efc 1 �lc�he% My Commission Expires: . THE STATE OF TEXAS ) )ss.4 yes 9HEHriLRETCFiER COUNTYOFC,OLLlnrvcaMRY7, H°cPwEs ./,Mry72a16 This instrument was acknowledged before me on thea��`P PEGGY STAGLIANO. Printed Name of Notary: NOJ day of Apr+►; 2015, by Notary Pu I for the State of Texas My Commission Expires: >)(0) lv. 2 I:\a-e\BOURN\WmtinghoumParticipationAgmt\AssignEsmt0S28 I5GMS.docx K&H INVESTMENTS, a general partnership By: J' By:zJ en nry B.Ir., Partner athleen M. Mayes, Partner Date: -(—Is Date: THE STATE OF TEXAS ) )ss. COUNTY OF i Z /s ) '�[t This instrument was acknowledged before me on the � day of h4n:H, 2015, by HENRY B. MAYES, JR., Partner of K&H Investments, a general partnership, on behalf of such partnership. My Commission Expires: Sea! Notary THE STATE OF TEXAS ) )ss. COUNTY OF ) ),_ is for the State of Texas n.. J KIM CASE � My Commission Expires January 25, 2018 �riOfrl��M1 This instrument was acknowledged before me on the z4- day of Apeid 2015, by KATHLEEN M. MAYES, Partner of K&H Investments, a general partnership, on behalf of such partnership. My Commission Expires: /--2s-1 g -==? . -7e--�_ -_ Sea! Notary Public for the State of Texas =25, y4�grtV Assignment of Wastewater Line Easements Page 3 1 d+<e\BOURN\WeslingbausePaaicipmionAgmt\AssignEsm1082815GNIS.docs /I►I_I UI__ `�J�1 GRUY LLC, a Texas limited liability company CALEX RESOURCES INC., a Texas corporation LDJ PROPERTIES, LTD., a Texas limited partnership ROBERT W. TEETER PAMELA S. GOURLEY EDWARD C. COPPOLA E C COPPOLA FAMILY LIMITED PARTNERSHIP, a Texas limited partnership MADISON TCT,LT ex/s limited partnership By; (� Robert W. Teeter, Managing Owner of Windmill Hill pursuant that A Agreement dated Jul certain 7 2010Memorandum Co-Ownership recorded s Document t1WgGij! '. No. 2010047174 in the deed records of Williamson r�' SPRY PUB '�- County, Texas JrgrE OF 4E�Pta THE STATE OF TEXASeXP1a05. ) '�10 22-209`• )ss. COUNTY OF a-kjp,--� ) IThis instrument was acknowledged before me on the —T—tl— day of 2015, by ROBERT W. TEETER, Managing Owner of Windmill Hill pursuant to that certain Memorandum of Co -Ownership Agreement dated July 7, 2010, recorded as Document No. 2010047174 in the deed records of Williamson County, Texas, on behalf of such parties. My Conlmiti*rExgi1es: Seal � �0. .. ... ?/V p,RY PUB.�(CP 9rf OF i�-�'P �011 '•EXPIRES, Notar Public for the State of Texas l:\a-e\130URMWestinghounPanicipalioMgmt\AssignEsmt0828 I SOM5.docx BP WESTINGHOUSE INVESTORS, LLC, a Texas limited liability company By: HB Steele Manager, LLC, an Arizona limited liability company, Manager By: Bourn Investments, L.L.C., an Arizona limited liability company, Member By: Boum Companies, LLC, an Arizona limited liability company, Member M COUNTERPART ATTACHED Don E. Boum, Manager STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) This instrument was acknowledged before me this AL ,day of ftl&rC� , L, by Don E. Bourn, Manager of Bourn Companies, LLC, an Arizona limited liability company, Member of Bourn Investments, L.L.C., an. Arizona limited liability company, Member of HB Steele Manager, LLC, an Arizona limited liability company, Manager of BP Westinghouse Investors, LLC, a Texas limited liability company, on behalf of such company. A [SEAL] Notary Public s LEE ANN WILSON Notary Public - Arizona Pima County My Commission Expires November20,2017 Assignment of Wastewater Line Easements Page 5 1%,x\BOURMWesiin6M1ousePurticipatiouAgmiW.ssibmLsmi032216GIvISdacx s DON h7tOURN, Manager of Bourn Companies, LLC, an Arizona limited liability company, Member of Bourn Investments, L.L.C., an Arizona limited liability company, Member of HB Steele Manager, LLC, an Arizona limited liability company, Manager of BP Westinghouse Investors, LLC, a Texas limited liability company CITY: CITY OF GEORGETOWN, TEXAS La Printed Name: Approved as to Form: Charlie McNabb, City Attorney AFTER RECORDING, RETURN TO CITY: Georgetown City Secretary P.O. Box 409 Georgetown, Texas 78627 Assignment of Wastewater Line Easements Page 6 1:1n-e\BOURMWestinglmu¢ PanicipationAgmtlAssignEsm1052216GMS.doex EXHIBIT A TO ASSIGNMENT OF WASTEWATER LINE EASEMENT 1. Easement from Herbert M. Klein and Mary H. Klein dated March 3, 2008, recorded under Document No. 2010017800 of the Official Public Records of Williamson County, Texas, and assigned to BP Westinghouse Investors, LLC, a Texas limited liability company by Assignment dated March 25, 2010, recorded under Document No. 2010018440 of the Official Public Records of Williamson County, Texas, and further partially assigned pursuant to that Partial Assignment of Wastewater Line Easement dated February 1, 2011, recorded under Document No. 2011019997 of the Official Public Records of Williamson County, Texas, as re- recorded Linder Document No. 2015075727 of the Official Public Records of Williamson County, Texas. 2. Easement from Ronald E. Lee dated March 5, 2008, recorded under Document No. 2010017801 of the Official Public Records of Williamson County, Texas, and assigned to BP Westinghouse Investors, LLC, a Texas limited liability company by Assignment dated March 25, 2010, recorded under Document No. 2010018440 of the Official Public Records of Williamson County, Texas, and further partially assigned pursuant to that Partial Assignment of Wastewater Line Easement dated February 1, 2011, recorded under Document No. 2011019997 of the Official Public Records of Williamson County, Texas, as re-recorded under Document No. 2015075727 of the Official Public Records of Williamson County, Texas. Assignment of Wastewater Line Easements Page 7 I:••i<%BOURN;N'cstinglmnscPanicipaiiuaAgnnlAssignEsnv6i2216GM5.docs ACKNOWLEDGMENT BP Westinghouse Investors, LLC, a Texas limited liability company ("BPW"), as grantor under that certain Partial Assignment of Wastewater Line Easement dated February 1, 2011, recorded under Document No. 2011019997 of the Official Public Records of Williamson County, Texas, as re-recorded under Document No. 2015075727 of the Official Public Records of Williamson County, Texas (the "Partial Assignment") referenced on Exhibit A of the foregoing "Assignment Of Wastewater Line Easements" hereby acknowledges and agrees that the Easements assigned herein for the construction of a wastewater line meet the conditions set forth in paragraph 2 of the Partial Assignment BP WESTINGHOUSE INVESTORS, LLC, a Texas limited liability company By: HB Steele Manager, LLC, an Arizona limited liability company, Manager By: Bourn Investments, L.L.G., an Arizona limited liability company, Member By: Bourn Companies, LLC, an Arizona limited liability company, Member M STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) COUNTERPART ATTACHED Don E. Bourn, Manager This instrument was acknowledged before me this 04 12-D day of 2016, by Don E. Bourn, Manager of Boum Companies, LLC, an Arizona limited liability company, Member of Bourn Investments, L.L.C., an Arizona limited liability company, Member of HB Steele Manager, LLC, an Arizona limited liability company, Manager of BP Westinghouse Investors, LLC, a Texas limited liability company, on behalf of such company. A''T"UA — [SEAL] Notary Public °6 LEE ANN WILSON NotaryPublic- Arizona t PlmaomCounty �.✓ My Cmission Expires November 20, —, Assignment of Wastewater Line Easements Page 8 1 J a.e.B[)I1R N\ W csl iaglmns.PanicipationAcmM1AssignPsmtO. 2216GMS.docx DON E. BOURN, Manager of Bourn Companies, LLC, an Arizona limited liability company, Member of Bourn Investments, L.L.C., an Arizona limited liability company, Member BB Steele Manager, LLC, an Arizona limited liability company, Manager BP Westinghouse Investors, LLC, a Texas limited liability company �a '.Sq