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Home My WebLink AboutRES 042319-D - PUE Fire Station 7RESOLUTION NO. ()423 1q, — ,1 ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN DECLARING A PUBLIC UTILITY EASEMENT ACROSS A PORTION OF LOT 1, BLOCK 1, OF THE FIRE STATION NO. 7 SUBDIVISION IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS WHEREAS, the City of Georgetown (the "City") is the current owner of Lot 1, Block 1, FIRE STATION NO.7 SUBDIVISION, in the City of Georgetown, Williamson County, Texas, a map of which is recorded in Document No. 2018100941 in the Official Public Records of Williamson County, Texas, said Lot 1 being conveyed to the City of Georgetown by Special Warranty Deeds of record in Document Nos. 2018050038 and 2018050039, said Official Public Records (the "Property"); and WHEREAS, the City is constructing a fire station on the Property to provide emergency services to east Georgetown (the "Project") and the Project requires the relocation of certain public utilities into a new public utility easement to serve the Property and the surrounding area; and WHEREAS, upon considering the benefit conferred upon the Property and to the general public by the declaration of a Public Utility Easement across a portion of the Property as described and depicted in Exhibit "A" attached hereto, the City Council now finds that a public need for a Public Utility Easement exists; 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 Mayor is hereby authorized to execute a Declaration of Public Utility Easement in substantially the same form attached hereto as Exhibit "B" and any other document(s) necessary to complete the declaration of the public utility easement described herein, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. UA L3 IOL — Description: Declaration of a Public Utility Easement, Fire Station No. 7 Date Approved: ROM ?-5 1 z Page 1 of 2 qq r� RESOLVED this LS day of 1 , 2019. CITY OF GEORGETOWN ATTEST: By: qllf� I �rvtZ�� Dale Ross, Mayor Robyn D nsmore, City Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. _ N1 3R — Description: Declaration of a Public Utility Easement, Fire Station No. 7 Date Approved: \ E:b 17.0 1 Page 2 of 2 EXHIBIT A Page 1 of 1 Proj No. 22564 April 10, 2019 15 FOOT WIDE EASEMENT Easement Lot 1, Blockl, Fire Station No. 7 Subdivision W. Addison Survey, A-21 Williamson County, Texas BEING A FIFTEEN (15) FOOT WIDE TRACT OF LAND LOCATED IN THE W. ADDISON SURVEY, ABSTRACT NO. 21, WILLIAMSON COUNTY, TEXAS, BEING FIFTEEN (15) FOOT PARALLEL AND ADJACENT TO THE EAST BOUNDARY LINE OF LOT 1, BLOCK 1, FIRE STATION NO. 7 SUBDIVISION, A MAP OF WHICH IS RECORDED IN DOCUMENT NO. 2018100941, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID LOT 1 BEING CONVEYED TO THE CITY OF GEORGETOWN BY SPECIAL WARRANTY DEEDS OF RECORD IN DOCUMENT NOS. 2018050038 AND 2018050039, SAID OFFICIAL PUBLIC RECORDS. Steger & Bizzell Engineering Inc. P:\22000-22999\22564-Robins on(Fire Station 7)\Survey Data\Descriptions\22564-esmnt -pue.docx S7 EGEI);J-1B12ZELL 19778 S. Austin Ave Georgetown, TX 78626 mFe' atu F , ov�o cora 141fGIlElAIYG,r! ESCOB� ""' Miguel A. Escobar, LSLS, RPLS ,. 5830 Texas Reg. No. 5630 1978 South f-ps$t4►�p Austin Avenue �9y0•"�j Georgetown, Texas 78626 (512) 930-9412 TBPLS Firm No. 10003700 P:\22000-22999\22564-Robins on(Fire Station 7)\Survey Data\Descriptions\22564-esmnt -pue.docx S7 EGEI);J-1B12ZELL 19778 S. Austin Ave Georgetown, TX 78626 CALLED 4.217 ACRES GENE L. LAWHON VOL. 2252, PAGE 791, DR M 1 ADDAc'%O0 )@XINS \N 15' WIDE EASEMENT LOT 1, BLOCK 1 FIRE STATION No. 7 SUBDIVISION DOC. NO. 2018100941, OPR (RECORD OWNER: CITY OF GEORGETOWN) 0' ' IT 2iy TSO' 1 0' GRAPHIC SCALE: V=100' I 15-0' — —15' PUE UTILITY EASEMENT — DOC. NO. 2007034434, OPR 0.436 AC ROW DEDICATION DOC. NO. 2018100941, OPR STATE HIGHWAY 29 (UNIVERSITY AVE) (100' ROW) (VOL. 261, PAGE 589, DR) (VOL. 261, PAGE 601, DR) LEGEND • IRON ROD FOUND (1/2" OR AS NOTED) PUE PUBLIC UTILITY EASEMENT ROW RIGHT-OF-WAY OPR OFFICUIL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS CALLED 4.87 ACRES GENE LAWHON DOC. NO. 2009069154, OPR 00 oZ zo oa N t Z �m wp 0 m A m A m CALLED 0.99 ACRES 2719 HWY. 29 E, LLC DOC. NO. 2009064520,OPR "STEGE- BIZZELL" 3/9' 1S' WIDE EASEMENT OUT OF LOT 1, BLOCK 1 FIRE STATION No. 7 SUBDIVISION RECORDED IN DOC. NO. 2018100941, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS STEGE- BIZZELL , 1976 S AUSTIN AVFNIIE GEORGETOWN, IX /B626 ' '� 512930 9A32 TEXAS RE�ISTEREG a+IGINEEVIHG FIRM F -IBI -e STEGERBICZELLCOM RF':5 FIRM Na if%�3i GD DATE 04/11/2019 JOB NO. 22564 EXHIBIT B NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: DECLARATION OF PUBLIC UTILITY EASEMENT 2019 Declarant: CITY OF GEORGETOWN, TEXAS, a Texas home - rule municipal corporation situated in Williamson County, Texas Declarant's Address: P.O. Box 409 Georgetown, Williamson County, Texas 78627 City: CITY OF GEORGETOWN, TEXAS, a Texas home - rule municipal corporation situated in Williamson County, Texas City's Address: P.O. Box 409 Georgetown, Williamson County, Texas 78627 Owner (whether one or more): Any and all future owner or owners ofthe fee interest or any portion ofthe Use Tract (whether such fee interest is obtained through a purchase, transfer, foreclosure sale, trustee's sale, or a deed in lieu of foreclosure) and their successors and assigns. Use Tract: All that parcel of land situated in Williamson County, Texas, described in the attached Exhibit A. Duration: Perpetual Use Purpose: To install, construct, operate, use, maintain, repair, modify, upgrade, monitor, inspect, replace, make connections with, remove, and decommission the Facilities. Fire Station No. 7 — CoG Map Section N-54/0-54 Declaration of Public Utility Easement Page 1 of 4 Facilities: Electric distribution and transmission lines, gas lines, raw, reclaimed, and potable water lines, wastewater lines, drainage channels, drainage conveyance structures, telecommunications lines, cable lines, and other public utilities with all associated appurtenances. Permitted Encumbrances: Any easements, liens, encumbrances, and. other matters not subordinated to the Use Tract and of record in the Real Property Records of the Texas county in which Use Tract is located that are valid, existing, and affect the Use Tract as of the Date. Non -Permitted Activity: Installation, construction, operation, use, maintenance, repair, modification, upgrade, and replacement of any structure, building, retaining wall, detention or water quality control, rainwater harvesting system, tree, or other similar improvement in the Use Tract, including the installation, construction, operation, use, maintenance, repair, modification, upgrade, and replacement of no other improvement of any kind that: (i) is in such proximity to the Facilities as would constitute a violation of the National Electric Safety Code or any successor code in effect at the time the improvement is erected, or (ii) unless reviewed and approved in writing by the City, makes changes in grade, elevation, or contour of the land in the Use Tract which would impair City's access to the Facilities as determined by the City in its sole discretion Declarant DECLARES AND ACKNOWLEDGES by this instrument (the 'Declaration") the location of an exclusive public utility easement in, over, under, on, and across the Use Tract for the Use Purpose as may be necessary or desirable subject to the Permitted Encumbrances, together with (i) the right of ingress and egress at all times over, on, and across the Use Tract for use of the Use Tract for the Use Purpose, (ii) the right to eliminate any encroachments in the Use Tract that interfere in any material way or are inconsistent with the rights granted the City under this Declaration for the Use Purpose as determined by the City in its reasonable discretion, including without limitation the City's right to cut and trim trees and shrubbery and to remove any other obstructions as necessary to keep the obstructions clear of the Facilities, and (iii) any and all rights and appurtenances pertaining to use of the Use Tract. This Declaration is made by the Declarant as the underlying fee interest owner of Use Tract on the Date and as DEDICATED, RESERVED, AND RESTRICTED by this Declaration is for the Use Duration and Use Purpose binding the current and future use of the Use Tract, made for the benefit of the public, to run with the land, and binding all Owners of any interest in the Use Tract. Fire Station No. 7 — CoG Map Section N-54/0-54 Declaration of Public Utility Easement Page 2 of 4 This Declaration is not a grant to the City by the Declarant that would otherwise constitute a merger of title with any rights, interests, restrictions or encumbrances held by the City which will continue to be held by the City following the Date. Prior to transfer of the Use Tract by the City, this Declaration may be modified, amended or terminated upon the filing of such modification, amendment or termination in the Official Public Records of Williamson County, Texas, executed and acknowledged. Except where the context otherwise requires, Declarant includes Declarant's employees, agents, consultants, contractors, successors, and assigns; and where the context requires, singular nouns and pronouns include the plural. --- The remainder ofthispage is intentionally blank -- Fire Station No. 7 — CoG Map Section N-54/0-54 Declaration of Public Utility Easement Page 3 of 4 Executed effective the Date first above stated. CITY OF GEORGETOWN 414( .� D . o Qa6.5 Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: 1#1441M bm�16� o , n C4',y5>r^ ity Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally �5 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisZ3day ❑f�, 20 l a/ .�,ti.Yrrr..r KAREN E FROST NOTARY PUBL"TATE OF TV" COMM. EXP. 05-24-2020 %+ NOTARY 101053606-4 '+++ruin*• APPROVED AS TO FORM: _eo'- e�v_ 1111 , City Attorney AFTER RECORDING, RETURN TO: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 C��,t�I�t Notary Public, State of Texas Fire Station No. 7 — CoG Map Section N-54/0-54 Declaration of Public Utility Easement Page 4 of 4 [EXHIBIT "A" to Declaration of PUE] Exhibit "A" to the Declaration of Public Utility Easement is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Declaration of Public Utility Easement prior to execution and recordation.