HomeMy WebLinkAboutRES 101017-F - Temp Esmt 810 Rock StRESOLUTIONNO. RE5 I0\0\1 -V::-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
AUTHORIZING THE GRANT OF A TEMPORARY CONSTRUCTION
EASEMENT OVER A 0.151 -ACRE PORTION LOT 5, BLOCK 49, OF THE CITY
OF GEORGETOWN AS DESCRIBED IN THE ATTACHED EXHIBIT "A".
WHEREAS, the City of Georgetown ("City") has received a request from 810 Rock Street,
LLC, the current owners of property located at 810 Rock Street, adjacent to the above described
City property, for use of a 0.151 -acre portion of that City property for a temporary staging and
construction area ("Temporary Construction Easement" or "TCE"). The area would be used for
the staging of materials and equipment as well as work space. This area would be closed to the
public during such use. The City property requested to be used is described by the metes and
bounds with sketch on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, the City desires to facilitate this project for the improvement of the
Downtown area, and realizes the necessity for this facilitation given the constrained nature of
space in the Downtown; and
WHEREAS, upon considering the request for TCE and additional information pertaining
to the request, the City Council finds that granting such a TCE is in the interest of the City to
provide for development in the Downtown and within the Downtown TIRZ ; and
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 the
adoption of this resolution is not inconsistent or in conflict with any of the City's 2030
Comprehensive Plan policies.
SECTION 2. The City Manager is hereby authorized to execute a Temporary
Construction Easement in substantially the same form attached hereto as Exhibit "B" and to
negotiate the terms, and execute other documents, to effect any and all extensions of this TCE as
he may deem necessary, 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 10 day of Oc,�p, P,(, 2017.
Resolution No. ?, rzs i_O1 p I I --
Description: TCE, 810 Rock Street
Date Approved —1 0 to O j
Page 1 of 2
CITY OF GEORGETOWN
BY: AWG cz"V,
Dale Ross, Mayor
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
ATTEST:
"J"
Shelley Nowl' 'ty Secretary
�)r
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of
the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed, as the act and
deed of said municipality, and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this /0 day of 2017.
y"s LINDA RUTH WHITE Not ry Public, SL4te of Texas
to My Notary ID # 124938123
Expires May 24, 2020
cr,
Resolution No. O D
Description: TCE, 810 Rock Street
Date .Approved:_ I I D ( ao Page 2 of 2
QUICK INC.
LAND SURVEYING
Office Address. 3303 Shell Rd. Suite 4, Georgetown, Texas 78628
Mailing Address. 4500 Williams Dr., Suite 21.1, Box 228, Georgetown, Texas 78633
BEING A 6557.10 SQUARE FEET, 0.151 ACRE, TEMPORARY CONSTURCTION EASEMENT LOCATED WITHIN LOT
5, BLOCK 49, CITY OF GEORGETOWN, CONVEYED TO THE CITY OF GEORGETOWN BY DEED RECORDED IN
VOLUME 435, PAGE 527, DEED RECORDS, WILLIAMSON COUNTY, TEXAS; SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod located in the west right-of-way line Rock Street, said point being the
southeast corner of Lot 4, Block 49, City of Georgetown, described in deed to Lofts on Rock, LLC, recorded in
Document No. 2017041231, Official Public Records, Williamson County, Texas; said point being the northeast
corner of said Lot 5, Block 49 and being the northeast corner of the herein described easement;
1. Thence, with the west right-of-way line of Rock Street, the east line of said Lot 5, Block 49,
S02°00'38"E, a distance of 55.00' to a calculated point for the southeast corner of the herein
described temporary construction easement;
2. Thence, departing the west right-of-way line Rock Street, across said Lot 5, Block 49, S87*59'22"W, a
distance of 119.22' to a calculated point located in the west line of said Lot 5, Block 49, the east line
of Lot 6, Block 49, City of Georgetown, and being the southwest corner of the herein described
temporary construction easement;
3. Thence, with the west line of said Lot 5, Block 49, the east line of Lot 6, Block 49, NO2°00'38"W, a
distance of 55.00' to a 1/2" iron rod located at the northwest corner of said Lot 5, Block 49, the
southwest corner of said Lot 4, Block 49 and being the northwest corner of the herein described
temporary construction easement;
4. Thence, with the north line of said Lot 5, Block 49, the south line of said Lot 4, Block 49,
N87'59'22"E, a distance of 119.22' to the POINT OF BEGINNING containing a 6557.10 square feet,
0.151 acre temporary construction easement.
Note: This survey was completed on the ground under my supervision. Basis of Bearing is Texas State Plane,
Central Zone, NAD 83.
.. ............
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SURVEY SHOWING A6557-10 SQUARE FEET, 0,151 ACRE,
TEMPORARY CONSTURCTION EASEMENT LOCATED WITHIN LOT 5,
BLOCK 49, CITY OF GEORGETOWN, CONVEYED TO THE CITY OF
GEORGETOWN BY DEED RECORDED IN VOLUME 435, PAGE 527,
DEED RECORDS, WILLIAMSON COUNTY, TEXAS.
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TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON
This instrument is made on the _day of 20 , at Georgetown, Texas, between the City
of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409, Georgetown, Texas, 78627
(hereinafter referred to as "Grantor" or the "City"), and Lofts on Rock, LLC, whose address is 2802 Flintrock Trace,
Suite 280, Austin, Texas 78738 (herein referred to as "Grantee").
1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS,
SELLS and CONVEYS to Grantee, its successors and assigns, a temporary construction easement and
right-of-way on, over, under, and across the following described property ofthe Grantor, to wit:
Being all that certain tract, piece or parcel of land lying and being situated in the
County of Williamson, State of Texas, depicted on the diagram in Exhibit A
attached hereto and made a part hereof for all purposes (herein referred to
sometimes as the "Temporary Construction Easement Area" or the "Property"),
2. This Easement and the rights and privileges herein conveyed are granted for and in consideration of the
sum of ONE AND N01100 DOLLARS ($1.00) and other good and valuable consideration to Grantor in
hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed,
3- This Temporary Construction Easement, with its rights and privileges, shall be used by Grantee only for
construction purposes, namely for the purpose of temporarily storing supplies, trucks, construction
vehicles, construction equipment, and utility equipment and related facilities on and within the Property,
the construction of improvements on the Property, and for the purpose of traversing on, over and across
the Property in connection with the proposed project to construct improvements either on an adjoining
property or within the Property (the "Project).
4. This instrument and the Temporary Construction Easement shall be in effect from the date of execution
and shall expire two weeks from that date, on .2017.
5. Grantee expressly agrees to return the Temporary Construction Easement Area to like or better condition,
or as close thereto as is reasonably possible.
6. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to
WARRANT and FOREVER DEFEND the Temporary Construction Easement and the rights conveyed
in this instrument to Grantee and Grantee's successors and assigns, against every person lawfully
claiming or to claim all or any part thereof.
7. This Temporary Construction Easement, and the rights and privileges granted by this conveyance, are
EXCLUSIVE to Grantee for the duration of this instrument, and Grantor covenants not to convey any
other easement, license or other conflicting rights to use the area (or any portion of the area) covered by
this grant for the duration of this instrument.
8. INDEMNIFICATION
GRANTEE COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS,
THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AND
REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND
AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES,
FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION,
LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO,
BODILY INJURY OR DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY,
DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO
GRANTEE'S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS
OR OMISSIONS OF GRANTEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE,
EMPLOYEE, CONSULTANT OF THE GRANTEE, AND THEIR RESPECTIVE OFFICERS,
AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE
OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS AGREEMENT, ALL
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE
TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF
THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION
ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED
TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY
OTHER PERSON OR ENTITY. GRANTEE SHALL PROMPTLY ADVISE THE CITY
IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR THE
GRANTEE KNOWN TO THE GRANTEE RELATED TO OR ARISING OUT OF
THE GRANTEE'S ACTIVITIES UNDER THE AGREEMENT AND SHALL SEE
TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT THE
GRANTEE'S COST. THE CITY SHALL HAVE THE RIGHT, AT ITS OPTION AND
AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT
TEMPORARY CONSTRUCTION EASEMENT Page I o1`2
RELIEVING THE GRANTEE OF ANY OF ITS OBLIGATIONS UNDER THIS
PARAGRAPH.
IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT, THAT THE
INDEMNITY PROVIDED FOR IN THIS ARTICLE, SHALL APPLY ONLY WHEN THE
NEGLIGENT ACT OF THE GRANTEE IS THE SOLE OR CONTRIBUTORY CAUSE OF THE
RESULTANT INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION TO THE
EXTENT A NEGLIGENT ACT OF THE CITY IS A SOLE OR CONTRIBUTORY CAUSE OF THE
RESULTANT INJURY, DEATH OR DAMAGE. IN THE EVENT THE INJURY, DEATH OR
DAMAGE IS THE RESULT OF THE CONTRIBUTORY NEGLIGENCE OF BOTH THE CITY
AND THE GRANTEE, THIS INDEMNITY SHALL APPLY ONLY TO THE EXTENT OF THE
GRANTEE'S CONTRIBUTORY NEGLIGENCE. THE GRANTEE FURTHER
AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND
IN THE NAME OF CITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST THE
CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND
REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH OR
DAMAGE FOR WHICH, AND TO THE EXTENT TO WHICH, THIS INDEMNITY SHALL
APPLY AS SET FORTH ABOVE.
This instrument contains the entire agreement between the parties relating to its subject matter. Any
oral representations or modifications concerning this instrument shall be of no force and effect. Any
subsequent amendment or modification must be in writing and agreed to by all parties.
9. The terms ofthis instrument shall be binding upon Grantor, and Grantor's heirs, personal representatives,
successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns
of Grantee; and shall be deemed to be a covenant running with the land.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of
20
GRANTOR:
CITY OF GEORGETOWN, TEXAS, a Texas home -rule
municipality
Name: Dale Ross
Title: Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of , 20_ by
Notary Public, State of Texas
APPROVED AS TO FORM:
Assistant City Attorney
TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2
[Exhibit "A" to Temporary Construction Easement]
Exhibit "A" to the Temporary Construction Easement is heretofore attached as Exhibit "A" to the
foregoing Resolution and will be attached accordingly to the original Temporary Construction Easement
prior to execution and recording.
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