HomeMy WebLinkAboutRES 072418-F - Encroach Westinghouse RdRESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE
PLANNING DIRECTOR TO EXECUTE A REVOCABLE LICENSE
AGREEMENT PERTAINING TO THE ENCROACHMNET OF A PRIVATE
WASTEWATER LINE INTO THE RIGHT OF WAY OF WESTINGHOUSE
ROAD.
WHEREAS, the City of Georgetown (the City) owns real property which is the
right of way of Westinghouse Road; and
WHEREAS, the City has received a request from WRIA 2016-5, LP (the Licensee) to allow
an encroachment into the right of way to allow the construction, maintenance and operation of a
private wastewater line, utilizing an area described in Exhibit "A", attached hereto (License
Area); and,
WHEREAS; the wastewater line will be generally constructed to the size and alignment
as described in the attached Exhibits "A" and,
WHEREAS, the Licensee 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.
RESOLVED this day of 2018.
Resolution No. 0-1 y) ` 1`b —�
Description: License tEncr ach, M rasions I WW, Westinghouse
Date Approved:. `% DD Page 1 of 2
CITY OF GEORGETOWN ATTEST:
By:. /I �7m,
Dale Ross, Mayor Shelley Nowling, Secretary
APPROVED AS T FORM:
Charlie McNabb, City Attorney
Resolution No.
Description: License to Enroac_i1, Mansions I WW, Westinghouse
Date Approved: 1 Ian I Do I Page 2 of 2
III
)MANHOLE
5.72' DEEP
Exhibit "A"
u I Ip I
� 2
i O I I III I I\ LOT 3, BLOCK 1
Qo 10' PUBLIC UTILITY ESMT I \ MANSIONS OF GEORGETOWN
I
(DOC. #2017019327, O.P..R.) I I \ (DOC. #2017019327. QP.R)
93 L.F. 14" STEEL CASING I \ 30' INGRESS/EGRESS ESMT,
I S 72°28'15" W + I , (DOC,#2017019327,O.RR.)
i S 19".3216' l123.38'$ I— ! VARIABLE WIDTH
�f
----------
1 5'
_-.____—_-15' WASTEWATER ESMT. JJJ It I
(DOC. #2015060333, O.P.R.)
co
LOT 36, BLOCK 15 1 C7
FINAL PLAT OF TERAVISTA SECTION 325 LL1
(DOC. #2015060333, O.P,R.)
:a
I� I
I
�I
10' PUBLIC UTILITY ESMT.
(DOG #2015060333, O.P.R.) 1jI II
STANDARD MANHOLE
11.78'DEEP
t.
25' SANITARY SEWER ESMT.
(DOC. #2007091098, O.P-R.) t
LOT 1, BLOCK C — N 72°28'55" E,
FINAL PLAT OF WINDMILL 22.12',
HILL PHASE 1UJ
(DOC. 920160818260,P;R.) , f
m�
20' PUBLIC UTILITY ESM"- p1 N
(DOG #2007095739, O.P.R.) N N
NN
I Z
r —N 119°3271fi" W 81.8J—JT
PROPOSED d' 107.89 LY. & DEEP
I SANITARY SEWER FORCE
�dAIN (I'CIVIL PLANS)
e II
20' PRIVATE SANITARY
SEWER LICENSE
0.203 OF AN ACRE
r_�
,861 SQUARE FEET)
II I', I
PROPOSED 8" 320.63 L.F. 5.72'-11.68'
DEEP SANITARY SEWER MAIN
(PER CIVIL PLANS)
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�-N 17°31'05" W Id �rI
20.01' I+ !
PROPOSED 5.33 L.F.-8" SDR 26,
11.78' DEEP
VARIABLW WIDTH III
DRAINAGE ESMT.I I 1
(DOC. #2007091098, O.P.R.)
YI I�
PRIVATE UTILITY ESMT. _
._ (DOC. #2017019327, O.P.R.) `
S 72°32'03" W
18.01'
POINT OF
BEGINNING
N 19°32'16" W
11.51'
IS933 ACRE TRACT
SPECIAL WARRANTY DEED
(DOC. #2017119571, O.RR.)
N
RTH
SCALE: 1" = 50'
{0 P 25 50
LEGEND
112" IRON ROD FOUND
1/2" IRON ROD WITH
O CAP STAMPED "MBC
ENGINEERS" SET
EXHIBIT OF A 20 FOOT WIDE PRIVATE
SANITARY SEWER LICENSE
A 0.203 OF AN ACRE (8,861 SQUARE FEET) LICENSE SITUATED IN
THE BARNEY C LOW SURVEY, ABSTRACT 385, WILLIAMSON
COUNT. TEXAS. AND BEING OUT OF WESTINGHOUSE ROAD
WIDTH PUBLIC RIGHT OF WAY -
]aw: Ad 17, 2019, 3:17bm Uxer ID: Ictrawx Laywn:
=ile1P.:VY+U1yrtWpnt^j16234A11r§IpOs al Teravista a! W
Rd%DesigMExhIblllEx27-Private Sanitary Sewer License-31423.dwo Lavou[ name: Lavoull
1035 Central Parkway North
San Antonio, Texas 78232
(210) 545-1122 FAX (210) 545-9302
FIRM REGISTRATION NUMBER:
T.B,P.E, F-784 & TB.P LS 10011700
DATE: 07/1712018
JOB NO. 30794 -TRAVIS
SHEET 1 OF 1
e
ENG/1NEERS
MACINA • BOSE • COPELAND and ASSOCIATES,INC
CONSULTING ENGINEERS AND LAND SURVEYORS
1035 Central Parkway North, San Antonio, Texas 78232
(210) 545-1122 FAX ;2101 545-9302
TBPE Firm Registration #784 1 TBPLS Firm Registration #10011700 1 SBE Certified #214046463
www.mbcengineers.com
METES AND BOUNDS DESCRIPTION OF A 20 FOOT WIDE
PRIVATE SANITARY SEWER LICENSE
A 0.203 OF AN ACRE (8,861 SQUARE FEET) LICENSE SITUATED IN THE BARNEY C
LOW SURVEY, ABSTRACT 385, WILLIAMSON COUNT, TEXAS, AND BEING OUT OF
WESTINGHOUSE ROAD (COUNTY ROAD 111), A VARIABLE WIDTH PUBLIC RIGHT
OF WAY; SAID 0.203 OF AN ACRE LICENSE BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGWN: NG at a 1/2 -inch Iron Rod with crap stamped "MBC Engineers" Set in the Southerly
right of way line of said Westinghouse Road, and marking the Northwesterly corner of Lot 3,
Block 1, Mansions of Georgetown, according to plat recorded in Document 2017019327,
Oficial Public Records, Williamson County, Texas
THENCE N 190 32' 16" W a distance of 11.51 feet to a 1/2 -inch Iron Rod Found marking the
Northeasterly corner of a 15.933 Acre Tract described in Special Warranty Deed recorded in
Document Number 2017119571, Official Public Records, Williamson County, Texas;
THENCE S 720 28' 15" W along the Southerly right of way line of said Westinghouse Road, a
distance of 2.00 feet to a Point;
THENCE N 190 32' 16" W for a distance of 91.81 feet, departing the Southerly right of way line
of said Westinghouse Road, to a Point;
THENCE S 720 28' 05" W a distance of 321.19 feet to a Point;
THENCE N 170 31' 05" W a distance of 20.01 feet to a Point, on the Northerly right of way line
of said Westinghouse Road and being the most Southerly boundary line of Lot 1, Block C, Final
Plat of Windmill Hill Phase 1, according to plat recorded in Document Number 20160801826,
Official Public Records, Williamson County, Texas;
THENCE N 720 28' 55" E a distance of 22.12 feet along the Northerly right of way line of said
Westinghouse Road, marking the Southeasterly corner of said Lot 1, Block C, and being the
Southwesterly corner of Lot 3 8, Block 15, Final Plat of Teravista Section 25, according to plat
recorded in Document Number 2015060333, Official Public Records, Williamson County,
Texas;
THENCE N 72° 28'05" E a distance of 318.37 feet continuing along the Northerly right of way
line of said Westinghouse Road, to a Point;
THENCE S 190 32' 16" E a distance of 123.36 feet departing the Northerly right of way line of
said Westinghouse Road, across said Westinghouse road, to a Point on the Southerly right of
way line of said Westinghouse road;
Page 1 of 2
P:\WiIliamson\31423-Mansions at Teravista at Westinghouse Rd\Letters\Ex 27 -Private SS License 0.203 ACM&B-31423.docx
TMNCF, S 720 32' 03" W a distance of 18.01 feet along the Southerly right of way line of said
Westinghouse Road, to the POINT OF BEGINNING and containing 0.20:3 of an acre more or
less more or less as surveyed by Macina, Bose, Copeland, and Associates;
Note. A Survey Sketch that is uaade whereof and shall accom an this instr�znent.
Joel Chri f an Johnson, R.P.L.S.
TBPLS Firm Registration 10011700
Date: July 17, 2018
Job No: 31423 -Williamson
OF
P.
CHRiSiiAN
5578
Page 2 of 2 W__
m
PAWilliason\31423-Mansions at Teravista at Westinghouse Rd\Letters\Ex 27 -Private SS License 0.203 AC M&B-31423.doex
EN n
Exhibit "B"
REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
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 WRIA 2016-5,
L.P., a Texas limited partnership, whose address is 2505 N._ State_ Highway 360, Ste. 800, Grand
Prairie, TX 75050 (hereinafter referred to as "LICENSEE"), owner of Lot 3, Block 1 of the
Mansions of Georgetown, more particularly described in Document No. 2017019327 of the
Official Deed Records of Williamson County, Texas, and located on the south side of
Westinghouse Road at Teravista Crossing in Georgetown, Williamson County, Texas.
LICENSOR hereby grants a license to the said LICENSEE to permit a private sanitary sewer
line to encroach twenty (20) feet into, and to cross, the right of way of Westinghouse Road, as
shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, said
right of way being 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 any way with such utility, improvements and other property, or
the use of the sidewalk and right of way for it's intended purpose, 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 shall not construct any additional improvements, or make any additions or
alterations on or over the City right-of-way, without the prior written consent of the City Council.
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 utilities or
facilities which may be incurred as a result of the proposed construction or actual construction.
LICENSEE shall keep the property, Structure, Awnings and Premises in good condition
and repair and in a clean, orderly, and attractive condition during the term of this License.
LICENSEE shall be responsible for all maintenance of the Structure, Awnings and Premises and
shall repair any damage to the Premises regardless of the cause of such damage, at LICENSEE's
sole expense.
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 owner of the structure or facility 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. 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, or to fulfill any other reasonable conditions
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LIC -2018-015 (Westinghouse, CoG Map Quad M -49/N-49)
for the 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.
C. 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 specified 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 storm sewers, pipes or conduits 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 or
conduits shall be done under the direction of the representatives of the respective utility
companies or the City, as the case may be.
D. Licensee shall at all times maintain a current insurance policy which shall provide (1)
commercial general liability coverage in an arnount not less than a general aggregate
amount of $2,000,000 and $1,000,000 per occurrence; (2) workers compensation and
employers' liability coverage in an amount not less than $500,000; and, (3) a liquor liability
coverage in an amount not less than $1,000,000. Such policy shall name the City of
Georgetown as an additionally insured.
E. After the completion of any construction within a licensed area under the terms 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 cost for the 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.
F 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.
G. The Licensee, or his successors, assigns, or representatives, by the acceptance of such
revocable license, agree, obligate and bind himself or itself to indemnify and does hereby
indemnify and 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 pari of a public street, roadway, sidewalk or easement or the City's
right-of-way and the structures and facilities therein or above, including by way of example,
but not by way of limitation, any buildings, piers, fences, pools, walls, patios, decks
basements, awnings etc. constructed on or above the surface or the subsurface of any
public street, sidewalk or right-of-way. This indemnity shall continue in force and effect
during the existence of any revocable licenses issued under the provisions of this Chapter.
H. 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.
I. 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
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LIC -2018-015 (Westinghouse, CoG Map Quad M -49/N-49)
City to the Licensee, a representative or successor, unless, at the expiration of such time,
any such 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 may
be prosecuted as provided in Chapter 12.09 of the Code of Ordinances.
Should the City at any time or for any reason decide that the right-of-way onto which the
Structure is encroaching is needed for public use, the City may upon thirty (30) calendar
days written notice, revoke this license at no cost to the City and may take possession of
the public right-of-way. All rights of the Licensee in the Premises shall then be terminated
Licensee may cancel this license, for any reason, upon thirty (30) calendar days prior
written notice to the City, and all rights of the Grantee shall then be terminated.
In addition, if, for a period of six (6) months, Licensee shall cease to use or occupy the
property for the purposes herein contemplated, the City may cancel this license and take
possession. All rights of the Licensee on the City right-of-way shall then terminate.
Any waiver by the City of any breach of any of Licensee's obligations shall not be deemed
a continuing waiver, and shall not prevent the City from exercising any remedy it may have
for any succeeding breach of the sarne or another obligation of the Licerrsee. Upon
termination of this license for whatever reason, the encroaching Structure shall become
the property of the City and shall, at the option of the City, be removed by the Licensee
without cost to the City.
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:
J. 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 interfere with the City's lawful use
thereof.
K. The Licensee, or his successors, assigns or representatives agree, obligate and bind
himself or itself to indemnify and does hereby indemnify and hold and save forever
harmless the City, from all liability, cost or damage on account of the construction within
a public street, roadway, sidewalk or easement or the City's right-of-way, or on account of
using, occupying, preparing, maintaining and operating any such improvements therein.
Grantee shall defend and indemnify the City against any liability and loss of any type
arising from any lien or encumbrance on the property that arises or is alleged to have
arisen from Grantee's use of the Premises.
L. 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 terms hereof by the 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
-SIGNATURES ON FOLLOWING PAGE -
Page 3 of 4
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LIC -2018-015 (Westinghouse, CoG Map Quad M -491N-49)
20_
LICENSOR:
City of Georgetown
By:
Sofia Nelson, Director,
Planning Department
APPROVED AS TO FORM:
Assistant City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSEE:
WRIA 2016-5, LP, a Texas limited
Partnership
By:
By: WR-GenPar 16-5, L.P.,
a Texas limited partnership, its
general partner
By: WRIA 16-5, LLC, a Texas
limited liability company, its
general partner
Name: Matthew Hiles
Title: Vice President
ACKNOWLEDGMENT
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
This instrument was acknowledged before me on the day of , 20_,
by Matthew Hiles , Vine President of WRIA 16-5, LLC, a Texas limited liability company, as
general partner of WR-GenPar 16-5, L.P., a Texas limited partnership, general partner of WRIA
2016-5, LP, a Texas limited Partnership, on behalf of said company and partnerships
Notary Public, State of Texas
Page 4 of 4
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LIC -2018-015 (Westinghouse, CoG Map Quad M -49/N-49)
[Exhibit "A" to Revocable License]
Exhibit "A" to the Revocable License is heretofore attached as Exhibit "A" to the foregoing Resolution
and will be attached accordingly to the original Revocable License prior to execution and recording.