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HomeMy WebLinkAboutRES 091118-L - Cappel EsmtRESOLUTION NO. M 1I ka' L. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING ACCEPTANCE OF A WASTEWATER EASEMENT ACROSS APPROXIMATELY 0.634 ACRES OF LAND FROM EDWARD H. CAPPEL AND MINNIE S. CAPPEL. WHEREAS, the City of Georgetown (the City) is in the process of acquiring easements for the construction of a 36" wastewater interceptor along Berry Creek (the Project); and, WHEREAS, Edward H. & Minnie S. Cappel (the Cappels) own property across which an easement must be acquired for the construction of the Project and the Cappels wish to allow the construction of the Project across a portion of their property to facilitate access to City wastewater service; and, WHEREAS, in order to allow the City to construct the Project, the Cappels wish to convey to the City an easement across a 0.634 -acre portion of their property, as described and depicted in the attached Exhibit "A"; and, WHEREAS, the Cappels have agreed to grant the necessary easement rights to the City of Georgetown in a form substantially similar to that document attached hereto as Exhibit "B"; and, WHEREAS, it is hereby declared that the City of Georgetown finds it to be in the best interest of the public to accept this easement, in order to construct and maintain the Project. 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 finds that the adoption of this resolution is not inconsistent or in conflict with any other 2030 Comprehensive Plan Policies. Resolution No. ()I I I_ 1 B — L Description: BCI, Capp 1 Easement, CoG Map Quad L-61 Date Approved: Page 1 of 2 SECTION 2. The Mayor is hereby authorized to execute this resolution, 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 It day of S-�1�-�,� --,2018. CITY OF GEORGETOWN ATTEST: By: "'6 J Dale Ross, Mayor Shelley w ' g, City S r tary APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. 091"00"— Description: 91"$"— Description: BCI, Ca peI Easement, CoG Map Quad L-61 Date Approved: 9 1 i SDI t Page 2 of 2 Revised: 11-01-2017 Page 1 of 3 EXHIBIT A County: Williamson Parcel : 2 Project: Berry Creek Wastewater PROPERTY DESCRIPTION FOR PARCEL 2 EASEMENT DESCRIPTION OF A 0.634 ACRE (27,626 SQUARE FOOT) TRACT OF LAND SITUATED IN THE BURRELL EAVES SURVEY, ABSTRACT NO, 216, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 42.112 ACRE TRACT OF LAND CONVEYED TO EDWARD H. & MINNIE S. CAPPEL BY INSTRUMENT RECORDED IN DOCUMENT NO. 2015109174 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.634 ACRE (27,626 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the easterly boundary line of that called 13.063 acre tract (Parcel 1) conveyed to City of Georgetown, Texas, "Parkland Dedication" by instrument recorded in Document No. 2015053851 of the Official Public Records of Williamson County, Texas, same being the westerly boundary line of said 42.112 acre tract, for the southwesterly corner and POINT OF BEGINNING of the herein described tract and from which a 1/2" iron rod found, being the southeasterly corner of said 13.063 acre tract, same being the northeasterly corner of that called 11.511 acre tract (Parcel 2) of land conveyed (said Document No. 2015053851) to said City of Georgetown, Texas, "Parkland Dedication" tract, also being in the westerly boundary line of said 42.112 acre tract bears S 17°47'57" E, at a distance of 208.50 feet; 1) THENCE, with the common boundary line of said 13.063 acre tract and said 42.112 acre tract, N 17°47'57" W, for a distance of 29.18 feet to a calculated point, for the northwesterly corner of the herein described tract; THENCE, departing the easterly boundary line of said 13.063 acre tract, through the interior of said 42.112 acre tract, the following (6) six courses: 2) N 41 °10'15" E, for a distance of 315.75 feet to a calculated angle point; 3) N 61°13'14" E, for a distance of 429.95 feet to a calculated angle point; 4) S 84°01'44" E, for a distance of 246.65 feet to a calculated angle point; 5) N 00°05'53" W, for a distance of 91.22 feet to a calculated angle point; 6) N 11°51'26" W, for a distance of 74.46 feet to a calculated ell corner; 7) N 78°08'34" E, for a distance of 15.00 feet to a calculated point in the westerly boundary line of that called 13.67 acre tract (Tract 1) conveyed to Beau Embree and Kimberly Embree by instrument recorded in Document No. 2016014967 of the Official Public Records of Williamson County, Texas, same being in the easterly boundary line of said 42.112 acre tract, for the northeasterly comer of the herein described tract; THENCE, with the common boundary line of said 13.67 acre tract and said 42.112 acre tract, the following (2) two courses: 8) S 11°51'26" E, at a distance of 30.79 feet, pass a 1/2" iron rod found, and continuing for a total distance of 76.00 feet to a calculated angle point; 9) S 00°05'53" E, at a distance of 86.78 feet, pass a 5/8" iron rod found, and continuing for a total distance of 119.51 feet to the calculated southeasterly corner of the herein described tract, and from which a 3/8" iron rod found, being an angle point in the common boundary line of said 13.67 acre tract and said 42.112 acre tract bears S 00°05'53" E, at a distance of 277.28 feet; Page 2 of 3 THENCE, departing the westerly boundary line of said 13.67 acre tract, through the interior of said 42.112 acre tract, the following (3) three courses: 10) N 84°01'44" W, for a distance of 256.57 feet to a calculated angle point; 11) S 61°13'14" W, for a distance of 417.70 feet to a calculated angle point; 12) S 41°10115" W, for a distance of 326.37 feet to the POINT OF BEGINNING, containing 0.634 acre (27,626 square feet) of land, more or less.' NOTE: This parcel is accompanied by a 50' wide T.C.E. (Temporary Construction Easement) being coincident with, parallel, and northerly of the above described courses 2-3, and coincident with, parallel, and southerly of the described courses 10-11 as shown on the accompanying sketch. Also, a 30' wide T.C.E. coincident with, parallel, and westerly of the above described courses 5-6. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITN - SS MY HAND AND SEAL at Roun ock, Williamson County, Texas. ,� Ir La r nce M. Russo Re§idtered Professional Land Srrrve. or No' Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 S:\—CDM-SMITH PROJECTS\BERRY CREEK VWVbPARCELS\CAPPEL PARCEL 2\CAPPEL-PARCEL 2 REV 11-01-2017.doc 0 2-1 � rn �`ssr •x FS �'� _ � � N � r. I l �1 I I �'sro p0 r4S ccac4 �i Is� I Q w 4�flNy pYn �® HIE. _ W� <cvU a ¢ r a� xo fix_- w LLJ r � � 0 2-1 � rn �`ssr •x FS �'� _ � � N � r. 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WASTEWATER EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement") is made on the day of , 2017, at Georgetown, Texas, between Edward H. Cappel and Minnie S. Cappel, residents of Harris County, Texas, and whose address is 5637 Briar Drive, Houston, Texas 77056 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (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, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding and/or removal of one (1) underground wastewater line and related facilities (collectively, the "Facilities") under the following described property of the 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, being more particularly described by metes and bounds in Exhibits A and Exhibit B attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area." 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of One and No/100 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, and the agreements made by Grantee for the benefit of Grantor as set forth hereafter and in the attached Addendum. 3. As additional consideration, the City agrees to reserve, and guarantee to Grantor, and Grantor's heirs, successors or assigns, as owners of the Grantor Property (herein defined), the use of twenty-six (26) living unit equivalents of wastewater capacity through the Facilities to service the Grantor Property. Grantee and Grantor agree that said reserved capacity shall be available under the following conditions: (a) Grantor shall not claim such reserved wastewater capacity prior to the initial {00009326 / v / / GUS / REALESTATE / 3/29/20171 completion of the Facilities and 10th anniversary of the execution of this document;(b) any unused portion of such guarantee and reservation shall expire and be of no further force or effect following the 30th anniversary of the execution of this document. For the purposes of this paragraph, the date of execution shall be the date upon which Grantor affixes Grantor's signatures below. Nothing in the above paragraph shall be construed to release Grantor, nor Grantor's heirs, successors or assigns, from any requirement to comply with applicable City ordinance in the application for or use of the above described wastewater service capacity; nor from any connection or impact fees for applicable portions of such capacity as used as such fees are generally applicable at the time of connection of the applicable capacity to the City of Georgetown wastewater system. 4. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (a) the right to increase the size of the Facilities; (b) the right to relocate the Facilities within the Easement Area; and (c) the right to remove from the Easement Area all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. Grantee agrees to maintain the Facilities in good and serviceable operating condition. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights granted in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. The Easement and rights granted herein are subject to any matters of record in Williamson County, Texas. 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the Easement Area (or any portion thereof). 7. This Agreement and the Service Letter Agreement contain the entire agreement between the parties relating to the Easement and reserved wastewater capacity. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 8. The terms of this Agreement shall be binding upon and inure to the benefit of Grantor, and Grantor's heirs, personal representatives, successors, and assigns, and Grantee, and any successors or assigns of Grantee; and this Agreement shall be deemed to be a covenant running with the land. 9. The additional provisions on the Addendum attached hereto are incorporated into and are a part of this Agreement. GEORGETOWN WASTEWATER EASEMENT Active 34190474,2 Page 2 of 4 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2017. GRANTOR: Edward H. Cappel Minnie S. Cappel GRANTEE: City of Georgetown By: GEORGETOWN WASTEWATER EASEMENT Active 34190474.2 Page 3 of 4 STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 2017, by Edward H. Cappel and Minnie S. Cappel. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 2017, by the of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of the City of Georgetown. Notary Public, State of Texas APPROVED AS TO FORM: , Asst. City Attorney GEORGETOWN WASTEWATER EASEMENT Active 34190474.2 Page 4 of 4 ADDENDUM to Wastewater Easement Agreement between Edward H. Cappel and Minnie S. Cappel, as Grantor, and The City of Georgetown, as Grantee Grantor is the owner of the approximately 41.112 acres of land in Williamson County, Texas, conveyed to Grantor by Beverly A. Beckman in that General Warranty Deed dated December_, 2015, recorded in the Deed Records of Williamson County on December , 2015, as (the "Grantor Property"). Portions of the wastewater capacity reserved herein for Grantor and Grantor's heirs, successors and assigns, may be allocated by Grantor to persons or entities that succeed Grantor as owners of portions of the Grantor Property. In other words, if Grantor elects to subdivide the Grantor Property or sell or give a portion of the Grantor Property to other parties, Grantor may allocate a portion of the guaranteed wastewater capacity to such successor owners. The right to make any such allocations or allotments shall remain with the Grantor named in this Agreement, and the heirs or personal representative of such named Grantor in the event of death of the named Grantor. After the Facilities are completed, Grantor hereby reserves the right to use the surface of the Easement Area, but no improvements shall be constructed by Grantor in the Easement Area. The Grantee hereby makes and confirms the following matters related to the Easement, the Easement Area and Facilities: (1) Grantee shall complete the initial installation of the Facilities prior to the tenth (10th) anniversary of the date of the Agreement. While Grantee is not obligated to complete the Facilities until the 10th anniversary of the Agreement, Grantee covenants and agrees that once construction of the Facilities is started, Grantee shall complete the Facilities no later than six (6) months after such commencement of construction on the Grantor Property. (2) The wastewater pipeline shall be at least eight inches (8") in diameter and buried to a depth of at least thirty-six inches (36") below the ground surface. (3) When the Facilities are completed, the only improvements above ground shall be manhole covers or other clean out access points, placed as necessary to ensure proper maintenance and safe operation of the line.. (4) All cultural or archeological artifacts (specifically including arrowheads and other Native American artifacts) within the Easement Area and other portions of the Grantor Property shall remain and be the property of Grantor. Grantee or its contractors or subcontractors working on the Facilities shall not intentionally remove any such artifacts from the property. (5) When initial construction of the Facilities is completed, and thereafter if any maintenance or modification of the Facilities occurs, Grantee shall restore the {00009326 / v / / GUS / REALESTATE / 3/29/2017} GEORGETOWN WASTEWATER EASEMENT Active 34190474.2 Addendum Page 1 of 2 Easement Area (and any other portions of the Grantor Property disturbed during Grantee's use as its Easement rights) to the condition which existed prior to Grantee's activities. Without limiting the foregoing, Grantee shall (i) remove all debris created by Grantee's activities, including limestone filings associated with the use of a rock saw for trenching. (6) The wastewater pipeline is to be constructed, and a service connection point installed by Grantee, south of Berry Creek. In order to facilitate convenient and efficient allocation of the wastewater capacity reserved for the Grantor Property, and as further consideration for the grant of this easement, (as provided in paragraph 3 of the Agreement). Grantee shall install a wastewater line (at least 8" in diameter) under Berry Creek and provide a connection point on Grantor's east property line at least feet north of the north bank of Berry Creek, to be placed in the easement area as described. (7) Grantee agrees to undertake efforts to avoid the unnecessary damage or destruction of trees within the easement area larger than ten inches (10") in diameter. However, no part of the above shall be construed to limit or restrict the rights of the Grantee to remove trees and other obstructions which may impede the use of the easement or endanger the Facilities, as granted in the attached Wastewater Easement, or which may hinder the safe and efficient construction of the Facilities. Such determination shall be the sole right and responsibility of the Grantee. {00009326 / v / / GUS / REALESTATE / 3/29/2017} GEORGETOWN WASTEWATER EASEMENT Active 34190474.2 Addendum Page 2 of 2 [Exhibits "A" & "B" to Wastewater Easement] Exhibits "A" & `B" to the wastewater casement are heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original wastewater easement prior to execution and recording.