HomeMy WebLinkAboutRES 021417-M - Encroach 605 Acadamia AveRESOLUTION NO.03LI -M
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE
DIRECTOR OF PLANNING TO EXECUTE A REVOCABLE LICENSE
AGREEMENT PERTAINING TO THE ENCROACHMNET OF A MULTI-
STORY STRUCTURE INTO THE RIGHT OF WAY, CURRENTLY LOCATED
IN THE EAST SIDE OF COLLEGE STREET IMMEDIATELY NORTH OF THE
INTERSECTION WITH UNIVERSITY AVENUE.
WHEREAS, the City of Georgetown (the City) owns real property which is the
right of way of College Street; and
WHEREAS, the City has received a request to allow a currently existing encroachment of
a multi -story building into the right of way to remain, along the east side of College Street, north
of University Avenue, utilizing an area described in Exhibit "A". attached hereto (License Area);
and,
WHEREAS; the building has existed on the site for several decades without interference
to the operation or use by the public of the right of way of College Street; and,
WHEREAS, the property owner agrees to accept the terms of the revocable license
agreement and as set forth in the City Code of Ordinances Section 12.09 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 Director of Planning is hereby authorized to execute a Revocable
License Agreement in substantially the same form attached hereto as Exhibit "B.
SECTION 3. This resolution shall be effective immediately upon adoption.
Resolution No. O cM41-1 — M
Description: License to En oath, 605 Academia Avenue Building
Date Approved: of 11 �i`� a I Page 1 of 2
RESOLVED this
CITY OF GEORGETOWN
day of 2017.
By: (:1& 9 ao-e�
Dale Ross, Mayor
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No.
ATTEST:
5
Shelley Nowling, 'ty Secretary
Description: License to Encroach, 605 Academia Avenue Building
Date Approved: Page 2 of 2
0.003 ACRES
PART OF 1.01 ACRES,
OF RECORD IN A DEED To 605 ACADEMIA AVENUE, LP,
IN DOC. #2016012642
IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
DESCRIPTION FOR LEE MCINTOSH
BEING 0.003 acres of land, out of a 1.01 acre tract out of the William Addison Survey, Abstract No. 21 and being
a portion of Blocks 84 and 85, of the Dimmitt Addition, to the City of Georgetown, Williamson County, Texas, that
are described in a deed to 605 ACADEMIA AVENUE, LP, a Texas Limited Partnership as recorded in Document No.
2016012642, of the Official Public Records of Williamson County, Texas (OPRWCT). This tract was surveyed on the
ground in December of 2016, under the direction of William F. Forest, Jr., Registered Professional Land Surveyor No.
1847. Survey note: The bearing basis for this survey is the State Plane Coordinate System, Grid North, Texas Central
Zone.
BEGINNING at a point, for the Southwest corner hereof, from which a nail found at the Southwest corner of said
1.01 acres bears: S 02°12'39" W, 15.35 feet, said point also being in the North
Right -of -Way line of University Avenue.
THENCE, S 88°28'07" W, 3.79 feet, to a point.
THENCE, N 01°24'48" W 41.36 feet, to a point.
THENCE, N 88°28'29" E, 3.23 feet, to a point, from which an iron pipe found bears: N 02012139" W 41.36 feet.
THENCE, S 02012'39" W 41.36 feet, to the POINT OF BEGINNING, and containing 0.003 acres of land.
I, THE UNDERSIGNED HEREBY CERTIFIES THAT THIS SURVEY WAS MADE ON THE GROUND
OF THE PROPERTY LEGALLY DESCRIBED HEREON, UNDER MY SUPERVISION. THIS PLAT IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND IDENTIFIES ANY
EVIDENCE OF BOUNDARY LINE CONFLICTS, SHORTAGES IN AREA, PROTRUSIONS,
INTRUSIONS, AND OVERLAPPING OF SIGNIFICANT IMPROVEMENTS. THIS PROPERTY ABUTS
A PUBLIC ROADWAY, EXCEPT AS SHOWN HEREON. _
0.003 AC. SURVEY DATE DECEMBER 16, 2016 p� cYtP
•JR.
1947 ar i
WILLIAM F. FOREST, JR. R.P. L. S. 1847 SURJ41
SHEET I
ar dbiesC Survey rk Alappmff Company DATE: DECEMBER 16, 2016
AM? Ash Si Ceorgetvxn 7b"s PROJECT :GCC
0.003 ACRES E phone.• 512-090-5927 DRAWING: DIMMITT ADDITION
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TBPLS F" No. maa200a SHEET ONE
0.003 ACRES
PART OF 1.01 ACRES,
OF RECORD IN A DEED TO 605 ACADEMIA AVENUE, LP,
IN DOC. #2016012642
IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
q I ;
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__
-_(S 89`43'00" W 105.29')--__�--
---- (N 90-00'00' E.120.00')
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Length
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S 027239' E
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41.36'
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S 02'12'39' E
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Direction
Length
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S 027239' E
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3.79'
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41.36'
L4
N 86'7829' E
3.23'
L5
S 02'12'39' E
41.36'
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605 ACADEMIA AVENUE, LP. o
DOCUMENT N0. 2016012642
O,P.R.W.C.T.
Two Story Building
having concrete pier beams
supporting
2nd story structure
124.09 i
i
ASPHALT PARKING
< SSOHE 4 39 W aHO.00
OWE OHE
OHE 9
a
UNIVERSITY AVE.
1
IN
SCALE: II'=20'
SHEET 2
N fibre l Surreyfgq & Xepplgq Company DATE: DECEMBER 16, 2016
0.003 ACRES 100.2 Ash s[ Ceor foxn 7b"s PROJECT :GCC
�I' x phaoa.• 512-990-5927 DRAWING: DIMMITT ADDITION
va►allwesLrvroeyigy.Cam
5 TBPLS FAZV N0. 10W2000 SHEET 2
0.003 ACRES
PART OF 1.01 ACRES,
OF RECORD IN A DEED TO 605 ACADEMIA AVENUE, LP,
IN DOC. #2016012642
IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
IRON PIN FOUND
0
NAIL FOUND
0
TO A POINT
0
IRON PIN SET
0
IRON PIPE FOUND
EXISTING WIRE FENCE
X —
CHAINLINK FENCE
BOARD FENCE
POWER POLE
WATER. VALVE
X
TELEPHONE CABLE T
WATERLINE EXISTING W
OVERHEAD POWER LIME E
CENTER LINE OF CHANNEL cam'
RECORD CALLS (BEARING / DISTANCE)
RECORD FILE LOCATION VOLUME / PAGE
DATA THIS SURVEY BEARING/ DISTANCE
0.003 AC.
TRACT LINES
BOUNDARY LINES
LAND GRANT LINES
ALL DOCUMENT REFERENCES ARE IN WILLIAMSON CO.
OFFICIAL PUBLIC RECORDS OF WILLIAMSON CO., TX.
SHEET 3
OPRWCT
}brest Sarcryiog & dlappijw Company DATE: DECEMBER 16, 2016
loot Ash St ceorgetowlz Texas PROJECT :GCC
0.003 ACRES z phone.• 512-990-5927 DRAWING: DIMMITT ADDITION
mrir. /oresGrurveying. com
5 TBFL5' jv AV...1000200a SHEET THREE
Exhibit "B"
REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFWILLIAMSON
This is a Revocable License Agreement by and between the City of Georgetown, a Texas
home -rule municipal corporation (hereinafter referred to as "LICENSOR"), and 605 Academia
Avenue, L.P., a Texas limited partnership, whose address is P.O. Box 2567, Georgetown, Texas
78627 (hereinafter referred to as "LICENSEE"), owner of a tract of land being 1.01 acres of land,
more or less, out of William Addison Survey, A-21 in Williamson County, Texas as recorded in
Document No. 2016012642 of the Official Deed Records of Williamson County, Texas, and located
at 605 E. University Ave, Georgetown, Texas (hereinafter referred to as the "PROPERTY"),
Georgetown, Williamson County, Texas. LICENSOR hereby grants a license to the said LICENSEE
to permit a multi -story building to encroach 4_0 feet into the College Street right-of-way, as shown on
Exhibit "A" attached hereto and incorporated herein by reference for all purposes (hereinafter
referred to as "Licensed Area"), owned and occupied by the City of Georgetown, Williamson County,
Texas, but such improvements shall at all times not be in contact with any electric, water, sewer, or
other utility, or equipment, or interfere in anyway with such utility, improvements and other property,
and subject to the following terms and conditions:
Neither the granting of the license, nor any related permit, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above-
described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of
this license that LICENSEE neither asserts nor claims any interest or right of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's easement.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to
indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of
action, and cost, including attorneys' fees, and including any acts or omissions of the LICENSOR, its
officers, agents, and employees, which may grow out of or be attributable to the granting by the
LICENSOR of said license and any supplemental license which may hereafter be issued in
connection herewith including any inspections which may be conducted in connection with or
pursuant to said license or any supplemental license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject property to
as good a condition as existed prior to construction of the improvements which are the subject of
this License Agreement. LICENSEE shall pay all costs of relocation of any public utilitiesorfacilities
which may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of
Ordinances.
A. If an inspection reveals that any part of the structure or facility or other aspect of the
Licensed Area does not comply with applicable terms and provisions of the City Code of
Ordinances, the ownerof the structure orfacilily, shall be notified and required to make such
repairs as are necessary in order to comply with the applicable terms and provisions of the
City Code of Ordinances. If any Licensee fails and refuses to allow the Director, or his
designee, to come upon or enter the Licensed Area for the purpose of making an inspection,
he may be prosecuted under the terms of Chapter 12.09 of the Code of Ordinances, and the
Director may revoke the revocable license for the Licensed Area, and such action shall be
final.
B. 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.
C. 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.
D. Upon the lawful termination of a revocable license issued hereunder, in whatsoever manner
such termination may be made, Licensee, assigns, successors and representatives, bind
and obligate themselves to restore the Licensed Area to the original condition as it existed
prior to any construction, including the removal of buildings or portions of buildings
encroaching into the Licensed Area, or to fulfill any other reasonable conditions for the
(00009215 / y / / GUS / REALESTATE / 2/5/2017)
605 E. University Ave. License Agreement- Page 1 of 4
Fllm.ma dpnN Oo"Ms. Com sbns antl Ceuntl11201TCouWWeb 148 E. Un SM &M& Aw Umnse Fl P dw
restoration of the Licensed Area which may be acceptable to the City, and should the
Licensee, assigns, successors, or representatives fail or refuse to do so within 90 days after
such termination then in that event the City may do or have done the work necessary for
such purpose at the sole cost, risk, liability and expense of Licensee, their assigns,
successors and representatives.
E. Upon written consent of the City, acting by and through the Director, the Licensee may,
at his sole cost, risk liability and expense including public liability and property damage
insurance in the amounts specked in Subsection 12.09.030 DA. of Code of Ordinances,
remove, reroute, reconstruct, lower or raise any existing utility, lines, public or private sewer
lines, water lines, including stone sewers, pipes orconduits presently located within a public
street, roadway, sidewalk or easement or the City's right-of-way, provided that before
changing or interfering with any such utility lines as described aforesaid, the Licensee shall
notify the respective utility companies and the City, owning or operating the aforesaid utility
lines, concerning any and all changes, modifications, rerouting of or any interference
whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes,
modifications, rerouting or interference with the aforesaid utility lines, pipes orconduits shall
be done under the direction of the representatives of the respective utility companies or the
City, as the case may be.
F. After the completion of any construction within a Licensed Area under the teens of a
revocable license granted hereunder, should the City desire to lay or construct its utility lines,
including sewer lines, water lines, or any other pipes, or conduits under, across, or along
said streets within its right-of-way, any and all additional costforthe laying or construction of
the aforesaid utility lines, including pipes and conduits, within said street or right-of-way,
which may occur by reason of the existence of said construction, shall be paid to the City by
the said Licensee, his assigns, successors and representatives.
G. Solely as between the City and the Licensee, and not for the benefit of any other person,
the Licensee, by acceptance of such revocable license, hereby waives any claim he, or
any heirs, successors or assigns might have for damages for loss of lateral support to any
other improvements hereby contemplated which loss of lateral support might be occasioned
by any improvements which the City, its assigns, grantees, or licensees might install or
construct.
H. THE LICENSEE, OR HIS SUCCESSORS, ASSIGNS, OR REPRESENTATIVES, BY THE
ACCEPTANCE OF SUCH REVOCABLE LICENSE, AGREE, OBLIGATE AND BIND
HIMSELF OR ITSELF TO INDEMNIFYAND DOES HEREBY INDEMNIFYAND HOLD AND
SAVE FOREVER HARMLESS SOLELY THE CITY, ANY OF ITS AGENCIES, AND ANY
PERSON, FROM ALL LIABILITY, COST OR DAMAGE ON ACCOUNT OF LICENSEE'S
USE, OCCUPANCY AND MAINTENANCE OF ANY PART OF A PUBLIC STREET,
ROADWAY, SIDEWALK OR EASEMENT OR THE CITY'S RIGHT-OF-WAY AND THE
STRUCTURES AND FACILITIES THEREIN, INCLUDING BY WAY OF EXAMPLE, BUT
NOT BY WAY OF LIMITATION, ANY BUILDINGS, PIERS, FENCES, POOLS, WALLS,
PATIOS, DECKS BASEMENTS, ETC. CONSTRUCTED ON THE SURFACE OR THE
SUBSURFACE OFANY PUBLIC STREETOR RIGHT-OF-WAY. THIS INDEMNITY SHALL
CONTINUE IN FORCE AND EFFECT DURING THE EXISTENCE OF ANY REVOCABLE
LICENSES ISSUED UNDER THE PROVISIONS OF TITLE 12 OF THE GEORGETOWN
CODE OF ORDINANCES.
I. No transfer or assignment of any revocable license granted under the terms and provisions
of this Chapter shall be effective unless and until:
1. The Licensee has, in writing, advised the Director of the name and mailing address of
the transferee or assignee; and
2. The transferee or assignee has furnished the Director its written agreement to assume
and perform all of the duties, covenants and obligations of the revocable license;
and, thereupon, each provision of the revocable license shall be binding upon, and inure
to the benefit of, the transferee or assignee of the Licensee.
J. The breach or violation of any one of the terms, provisions, or conditions set forth in this
Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of the
revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances.
Any such cancellation and forfeiture may be exercised upon 20 days written notice by the
City to the Licensee, a representative or successor, unless, at the expiration of such time,
anysuch violation or breach has ceased or the Licensee is proceeding with all diligence and
good faith to remedy any such violation or breach and thereafter continues without delay with
such remedial work or correction until such violation or breach has been completely
remedied, and, any person violating any of the provisions of this Chapter maybe prosecuted
as provided in Chapter 12.09 of the Code of Ordinances.
(000092151 v / / GUS I REALESTATE 1 21612 01 7}
605 E. University Ave. License Agreement- Page 2 of 4
Fllenure and pahXV3maft. Lamiulane and Ceundp2D1Maurc4SFeb 19&15E UnN5OSP den®Aw Unadan(000=15nE19C8) FlN ,Idn
If any person or the owner of land abutting a public street, roadway, sidewalk or easement or
the City's right-of-way reveals by his application for a building permit or other authorization of
the City that any new, remodeling or renovating construction is desired to be made within
any part of a public street, roadway, sidewalk or easement or the City's right-of-way, the
requested revocable license will be reviewed for compliance with the terms and provisions of
Chapter 12.09 of the Code of Ordinances, and in addition, be subject to the following
conditions:
1. The proposed use of a public street, roadway, sidewalk or easement or the City's
right-of-way by any person or the abutting land owner shall not interferewith the
City's lawful use thereof.
2. The proposed construction within a public street, roadway, sidewalk or easement or
the City's right-of-way shall be in accordance with the City's Construction Standards,
Unified Development Code, and any other applicable ordinances and regulations.
K. At all times during the construction and building of any structure within a public street,
roadway, sidewalk or easement or the City's right-of-way:
1. The street or highway shall be kept open for vehicular and pedestrian traffic in a
reasonable manner and no obstruction of the sidewalks shall be allowed in such a way
as to prevent the use thereof by pedestrians;
2. Dirt and other material removed from the building and construction of any such structure
within a public street, roadway, sidewalk or easement orthe City's right-of-way shall not
be allowed to remain on the street or sidewalk, but all such dirt and other materials shall
be removed immediately at the sole cost, risk, liability and expense of Licensee;
3. All excavations and obstructions of any kind where allowed during the period of
Licensee's construction, shall be properly barricaded, and well illuminated during the
night time, all subject to the approval of the Building Official.
After the completion of the construction within a Licensed aArea, the Licensee shall at his
own cost and expense replace any sidewalks and surface of any streets that were damaged
or removed in the construction of any structures orfacilities in a condition equallyas good as
they were immediately prior to the time of excavation or construction, and all of such
sidewalks and streets shall be maintained in a good and useable condition forone yearafter
said sidewalks or streets have been replaced, all subject to the approval of the Director. All
damage, if any, to said sidewalks and streets caused by the construction, use, maintenance
and operation by Licensee shall be repaired by and at the cost and expense of the Licensee.
In the event Licensee fails or refuses to proceed with diligence with the performance of any
work in connection with the replacement, rebuilding or resurfacing of streets and sidewalks
within 30 days after receiving written notice from the Director, the City may do such work or
cause same to be done, all at the sole risk, cost, liability and expense of Licensee.
This license shall expire automatically upon removal of the improvements located upon the
property pursuant to this license.
This license shall be effective upon the acceptance of the terns hereof bythe LICENSEE, as
indicated by the signature of LICENSEE and the approval thereof by the City.
The license shall be filed of record in the Official Records of Williamson County, Texas.
SIGNED and Agreed to on this day of , 20_
LICENSOR:
City of Georgetown
By:
Sofia Nelson, Director,
Planning Department
APPROVED AS TO FORM:
Assistant City Attorney
LICENSEE:
605 Academia Avenue, L.P., a Texas limited
partnership
By:
Name:
(000092151 v / 1 GUS I REALESTATE / 2/6/2917)
605 E. University Ave. License Agreement - Page 3 of 4
FlMulm and W0%IBanGe. Cmmisslons and Cwndn201MaandaFM 14'605E IInMG05/wUeMa Ave llwnse(00005215xE1949) FIND doc
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of
20_, by Sofia Nelson in her official capacity as Director of the Planning Department for the City of
Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of
20_, by , as of 605 Academia Avenue, L.P., a
Texas limited partnership , in said official capacity on behalf of said partnership.
Notary Public, State of Texas
(00009215/0 /GUS/REALESTATE/2/6/2017)
605 E. University Ave. License Agreement - Page 4 of 4
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[Exhibit "A" to Revocable License]
Exhibit "A" to the Revocable License is heretofore attached as Exhibit `B" to the foregoing Resolution
and will be attached accordingly to the original Revocable License prior to execution and recording.