HomeMy WebLinkAboutRES 051419-I - Abandon Shadow CreekRESOLUTION NO. `"I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
AUTHORIZING THE RELEASE OF A PORTION OF THE ACCESS
EASEMENT AS GRANTED IN THE UTILITY ACCESS EASEMENT
AGREEMENT RECORDED IN DOCUMENT NUMBER 2008085855, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.WilCo.TX).
WHEREAS, the City of Georgetown has received a request from 278 Georgetown, Inc. a
Texas corporation, owners of that approximately 307.849 acre tract of land described in Document
No. 2008085855 of the O.P.R.WilCo.TX, for the release of a portion the subject easement located
thereon as described in Document No. 2008085855 of the O.P.R.WilCo.TX attached hereto; and
WHEREAS, the purpose of the easement is to allow access by the City of Georgetown, its
employees, agents, etc. to a wastewater line and easement as described Document No. 2007064714
of the O.P.R.WilCo.TX ("Wastewater Easement"); and
WHEREAS, the landowner is in the process of platting and developing the property,
including the dedication of public rights of way; and
WHEREAS, said rights of way would allow similar and alternative access to the easement
and wastewater line and render a portion of the existing easement unnecessary; and,
WHEREAS, portions of the existing easement does cross multiple planned lots and
impede construction and development of those lots; and
WHEREAS, the landowner has requested confirmation of the release of the portion of the
easement area as described as described in Exhibit "A" attached hereto and incorporated
herein ("Released Easement Area"), and termination of the associated rights, pursuant to
Article 1 of the subject easement agreement, which terminates the rights of access granted therein
upon provision to, or acquisition by, the City of alternative access to the Wastewater Easement.
WHEREAS, the easement across all of that area as described in Exhibit "B" attached
hereto and incorporated herein, along with all rights, title and interest to which shall be
retained by the City for release at a future date upon receipt of Alternate Access as
defined in in Document No. 2008085855 of the O.P.R.WilCo.TX.
WHEREAS, upon considering the request for vacation and abandonment of the subject
easement and additional information pertaining to the request, the City Council finds that a
public need for the portion of the subject easement described in Exhibit "A" will longer exist once
the new public rights of way, known as River Terrace and Whisper Creek Drives and depicted in
Resolution No. t 5 1LA i OtL
Description: SSGI Acc ss Easement Abandonment, Shadow Creek, CoG Map Quad J-53/J-52
Date Approved: P�.,.y I I Ll 1 dW� Page 1 of 2
that Final Plat of Shadow Canyon Collector Road and Parkland currently in review with the City
of Georgetown Planning Department, have been dedicated and that such easement may then be
vacated and abandoned; and
WHEREAS, the General Manager of Utilities, or his designee, has reviewed this request
and has no objection to the vacation and abandonment of the subject easements, subject to the
conditions described herein.
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 Quitclaim Deed in
substantially the same form attached hereto as Exhibit "C", and any other document(s) necessary
to complete the vacation and abandonment of the easements described herein, and the City
Secretary is authorized to attest thereto on behalf of the City of Georgetown, subject to the
establishment of replacements easement.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this Jqt-day of 2019.
CITY OF GEORGETOWN
By: (Ta.-I&
a cz4n
Dale Ross, Mayor
APPROVED AS O FORM:
Charlie McNabb, City Attorney
Resolution No.
ATTEST:
obyn Densmore, City Secretary
Description: SSGI Access Easement Abandonment, Shadow Creek, CoG Map Quad J-53/J-52
of
Date Approved: �� 14 1 A Page 2 of 2
EXHIBIT "A"
RELEASED EASEMENT AREA
BEING a portion of that 3.3135-acre Access Easement Area out of the Isaac
Donigan Survey, Abstract No. 178 and Joseph Thompson Survey, Abstract 608, in
in Williamson County, Texas, as described in that certain Utility Access Easement
Agreement recorded as Document No. 2008085855, Official Public Records of
Williamson County, Texas; said portion being all of the Access Easement Area
lying north of the Amended Easement described in that certain Amendment to
Right of Way Agreement recorded as Document No. 2017007679, Official Public
Records of Williamson County, Texas
EXHIBIT "B"
RETAINED EASEMENT AREA
BEING a portion of that 3.3135-acre Access Easement Area out of the Isaac Donigan Survey,
Abstract No. 178 and Joseph Thompson Survey, Abstract 608, in in Williamson County, Texas, as
described in that certain Utility Access Easement Agreement recorded as Document No.
2008085855, Official Public Records of Williamson County, Texas; said portion being all of the above
described area lying within, across, and to the south of the Amended Easement described in that
certain Amendment to Right of Way Agreement recorded as Document No. 2017007679, Official
Public Records of Williamson County, Texas.
Exhibit "C"
UITCLAIM DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
DATE:
2019
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown,
Williamson County, Texas 78627
GRANTEE: 278 Georgetown, Inc., a Texas corporation
GRANTEE'S Mailing Address (including County): 4407 Spicewood Springs Rd., Austin,
Travis County, Texas 78759
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING a portion of that 3.3135-acre Access Easement Area out of the Isaac
Donagan Survey, Abstract No.178 and Joseph Thompson Survey, Abstract 608, in
Williamson County, Texas, as described in Exhibit "A" attached hereto and
incorporated herein ("Released Easement Area").
For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S
right, title, and interest in and to the above described property, to have and to hold it to
GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor
GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the
property or any part of it.
Quitclaim Deed Util. Access Esmnt 2008085855
Shadown Canyon SSGI
CoG Map Quad J-52/J-53
Page 1 of 2
EXECUTED this the
GRANTOR
CITY OF GEORGETOWN
Dale Ross, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
day of , 2019.
ATTEST:
Robyn Densmore, City Secretary
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2019.
Notary Public, State of Texas
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Quitclaim Deed Util. Access Esmnt 2008085855
Shadown Canyon SSGI
CoG Map Quad J-52/J-53
Page 2 of 2
[Exhibit "A" to Quitclaim Deed]
Exhibit "A" to the Quitclaim Deed is heretofore attached as Exhibit "A" to the foregoing Resolution and
will be attached accordingly to the original Quitclaim Deed prior to execution and recording.
6.In the cycnl of eancoIJolion of tho Canuod for any reason, ell sums mood by Purchaser pursuonl to thu tame of this C-1raci A.11 becam. immedialcly due and poynbie to Publisher.
7- Fa:hua or Ynbfitl+er in intent an edseniw,-,Ain any fRII rl(at ucvca it niet Im andaesdM aid" of iximsionto r6. mis.ud iurw law ZSAI "I eomuitaei ahtemli of do mdino CoNracl hcrcta, Puhhlaer"%rime 1Ms dahi le add go or
ink .mire mutiny llry dinncri and Ymaerr nemn oreditmn. Any dale furp eir.iian ofa Fvtda or rntadaa prasiepd fur In atilt COMW is ANAPPly lcmfm Parposos Q* wd in "IF mumc1ia41:rda is an lof tit. aiidraa.
Mq dcVn,,•rt Emit" by NIFIsncce io pedoranhaauoderrolh.rnrlcol far. w�awe,lahar ditlmrc, raw. US. Pwtalg;w,e-Vorpacplwad adiab, in.s.don,orotda.. or mVdhtrtiircrtpordhs'aniW W.wbeymd 11 6161.0 '1
icxooaw eeabot, shell nor %unit two a Breath erdrir onnn at iw Pahlither
0. Publisher's sole liability with respect to performance under this Contract Is limited to the amount actually paid by Purchaser for mdvutidIng for the Vedlfe Issue with respect to which any breach by Publisher
occurred and In no event shall Publisher be Bab le for lost profits, or any other Incidental or consequenUs? damages. Any action or daM Wising outor this cwltract by Piaenaser shall be Otw! fiarred unless an action
Is commenced or claim asserted in a court or competent jurisdiction within 60 days of the date such action or claim accrued.
94 In 0I8 went that Purchaser seeks to cancel VI or portion or Ino M%irtenng inKmV15 pumded ref tP tired contras: 0) Szth carrccdpUondrrad not be dhxf➢ve and Purchaser wade be b6cd at the full rate Suhjett
to Pa+agrapfr g(c) rmoM as to any adYeriiSklg ansm0mconmIneo fn an is;w a)rciW pdrKea pr fur whlfh 06tice of V;iW1fatIVA by Putthoaer is not tOWACd try PladWW prior lu the rug day 0the month pentad"
the Wrcdulad month of petb*cition. Anywdvertts" inserlon camreetad for wghin tha Ume prvried sot fdrihdn th)sFwragraph 0(a) Ip rlon,caeaWlf a and gYaraetecd by Purchaser. (b) Such civxe ltlon Skala rot be
dimfive Vrd{.t' a the Pul dialler sdbmu stdh notlfe ihercof In a sfgra tf. dalcd writing and such wlll&ay 4 h.eiyed try Publisher at its imme offrCe In par W.OR vufhat 04 WM flails sat forth Alcoa In 9WMIdpit
0(a) hereof. [c) in c)he event of tuaccUdon by Puid&wr as pfo+rded aMwe in parallop hs 4{a) and (b) or lids Contract, Publisher at its option may feW the Purchaser for each advadising Itmerum at higher #wit
rate, to the extent that a different rate per advertising Insertion would be charged pursuant to Publishers dhen currppt applicable rate schedule, based tggrt the number of ImeFUorts, She, placement and SPECIAL
CHARGES applkable to the advertising Insertions not cancelled. Further, Purchaser shall be charged an aciftonal amount egdat to the sum of iwontyrrte[g59h) Percent of the Cwtna, price her" appScable to
each of the cancelled Insertions as a liquidated damage for the admlydstradve costs of Publisher attendant to contracting and planning for such Insertions.
10. This Contract contains the sole and entire agreement between the parties with respect to the advertisements set forth on the face hereof and shall supersede any and all other agreements between the parties
with respecrto such advetthemmti�. Thts agreement may only be modified in a wd0ng signed or Initialed by the party agalnsl whom such mod7c0oin Is to be enforced. The parties arknorrkdn odd agree that
rgOther of them has made arty praruise or rapresthtation with respect to the subject matter of this agrYe(AW or any mpra m !J ns InducirV Use t*X utlon and delivery hereof except such eeprosentatlans as are
specifically set forth herein and each or the parties hereto acknowledge that he or It has relied on his or its own judgment In entering Into the same. The parties hereto Further acknowledge that any statements or
representations that may have heretofore been made by either of them to the other are Vold and of no effect and that neither of them has relied thereon In connection with his or its dealings with the other.
it. This Camract Caltrgt bo 1nva0dat5d l"PograpNeal cnpip Incorrect WeFtlord of omis5 ons in the advarti tg Inlerlion puldehadan behalf Dr the IWWl1w. The PubiHatM agrees io full b corrINUM
advarUsemeetW each such Incorrect adwMlserntril published due to fine fault Or publisher provided thin defect wasrot eontiltntd In a ptool of the adwAkhm nantsutmdtted W PutiOnMe far cerium prior to
pincwom PlRhhsher, however, shag not. befdqulred to submit a pmeter theadvertislog Ins&Uon to PurcfkLWprrfoh to pvetcatiw, Purchaser srwll avdivc all objections with lcfgcct 10funheirpubecaboh by
Publisher or such Incorrect adverthement unless Purchaser shall notify the Publisher of such errors in writing in Gme for mlrertlon eta resua bWe wst by F&Wher prier to Printing of the relevant Issue of No gnktd
or magazine. Publisher shall not be liable to Purchaser or others for any loss that may result from the Incorrect puRmOn of Puri;Km 'm advaltiserraent. This Caeffacl iscooWa saWyfor tire IftTAkxF of advertl, i !;
copy. Any request or provl7kn herein for the publication of edilorfal ca+tarH. with respect to Purchaser shall be rn7mWr0g aria puhllshtd solely at Um crociatjpn of PaatsW&r. Any error In editonah content Pubtl),had
In a SagaCAy, Media puhllcat" shell Flat diminish the ablrgolians of Purchmw to pay for adverdrertlent provided for In this Contract.
12. Puichssers deslgnahlon of fine following shall be IrwIccl as noftlnding 7equcfta only: position on a page vidh eGpect to Its xdvertlsemant; deQnauan of a particular page for advediwiv F; spaificd Coe of
any page; ptohibiran agfMst the placement of advelising on any pr]ge or in the fret gazine; and any tequirunemi: tdyting in the kind ofic"m or adverIJAV on any page or In the raVgatine. Publislifr agx:3 only to
be liable for reimbursement for the surcharge for placement spedfred In the Contract If paid, and only if placement Is not In accordance with such written specification.
13. Agency commission, if any, shall apply only to space charges under this Contract, but not to "SPECIAL CHARGES," If Purchaser utilizes an agency, the Purchaser and the agency shall be Jointly and severely
liable tar payment for all sums due under this Contract to Publisher, and for compliance with all or the (gnus or this Contract.
1-1. All advertasria copy which represents the oreauve offnct of Into PoMviermidjor the ubkzWkn of creal", Iguttrdtlons, lobar, cvmpoSitioA or material fumfshed by It Is and rdmalns the property of Publisher,
Intruding all rights of copyright therein. Purdnser un&r-,tar,* and agiev, tilt It cannot aunivrim photographic or other repfodocuons, In whale or in part, of any such advertsfng Copy for use in any other medium
without the express written consent or the Publisher.
15. When orders are forwarded by agency or Purchaser which contain Incorrect rates or conditions, the advertising called for will be Inserted and charged at the rate In force governing such advertising, and In
accordance with the conditions contained herein. This Contract shall take precedence over all prior agreements or understandings between Purchaser and Publisher as well as any insertion arder(s) submitted by
purchaser or Its agency to Publisher.
16. This Contract, the application or interpretation hereof, and the rights and obligations or the parties hereunder, shall be governed exclusively by Its terms and the Laws or the State of Oregan.
17. If any clause or provision herein contained is adjudged Invalid by any court or tdbunal of competentjurlsdlction, such adjudication shall not affect the validity of any other clause or provislon orthis Contract, or
constitute a cause of action in favor of one party to this Contract against the Other.
18. This Contract is subject to the approql at the home office of Publisher located at 921 SW Washington suite 750, Portland, Oregon 97205 by an officer of the Publisher. Any occepbnce or the Contract by
ftllshher "I be deemed made at the said home office of the Publisher.
19. Purchaser consents with respect to any dispute arising out of this Contract to the jurisdlctfon over its person and venue of the courts of the State of Oregon as well as the courts of the United States located In
the State of Oregon Which have subject matter jurisdiction. Further, with respect to any such dispute, the partles hereto waive trial by jury.
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date. lhcsJmtjes is o foranaFseioo spas aid all( be duug.d fo-li.1 is cenbeacd
INITIAL:
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1NI7IAL-
Austin li Date: 3/27/2019
7020 US Hwy 290 East T _a_a0► New/Renewal: RENEWAL
Austin, TX 78723 Account Executive: Melissa Sonzala
Phone: 512-451-1945 CONTRACT # 3194590 Phone: 512-451-1945
Fax: 512-451-6645
2. Copyr1g h I/Trade mark: Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, slate or federal. Advertiser agrees to
defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character
contents or subject matter of any copy displayed or produced pursuant to this contract.
3. Payment Terms: Lamar will, from time to time at intervals following commencement of service, hill Advertiser at the address on the face tiereof. Advefliser
will pay Lamar within thirty (30) days after the dale of invoice. If Advertiser falls to pay any invoice when it is due, in addition to amounts payable thereunder,
Advertiser will promptly reimburse collection costs, including reasonable attorney's fees plus a monthly service charge at the Tale of 1.5% of the outstanding
balance of the invoice to the extent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as
designated by the Advertiser; non designated payments will be applied to the oldest invoices outstanding.
4. 5ervice InIerruplions: If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but
not limited to acls of God, strikes, work stoppages or picke ling, or in the event of damage or deal ruclion of any of the spaces, or in the evenl Lamar Is unable
to deliver any portion of the service required In Ihis contract, including buses in repair, or ma in10nonce, this contract shall not term] nole. Credit shall be
allowed to Advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall he
discontinued or suspended. In the case of illumination, should Ihere be more Ilion a 50% loss of illumination, a 20% pro•rala credit teased on four week billing
will be given, If this contract requires illumination, it will be provided from dusk until 11:00p.m. Lamar may discharge this credit, at its option, by lumishing
advertising service on substitute space, to be reasonably approved by Advertiser, or by extending the term of the advertising service on the same space for a
period beyond the expiration date. The substituted or extended servico shall be of a value equal to the amount of such credit.
5. Entire Agreement: This contract, all pages, constitutes (lie entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations,
conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of
that provision or any other provision.
6. Copy Acceptance: Lamar reserves the right to detotmine if copy and design are in good taste and within the moral standards of the individual communities
in which it is to be displayed. Lamar reserves the right to reject or remove any copy either before or after installation. including immediate termination of this
contract.
7. Termination: All contracts are non -cancellable by Advertiser without the written consent of Lamar. Breach of any provisions contained in this contract may
result in cancellation of this contract by Lamar.
8. Materials/Storage: Production materials will be held at customer's written request. Storage fees may apply.
9. Installation Lead Time: A leeway of five (5) working days from the initial Service Date is required to complete the installation of all non -digital displays.
10. Customer Provided Production; The Advertiser is responsible for producing and shipping copy production. Advertiser is responsible for all space costs
involved in the event production does not reach Lamar by the established Service Dates. These materials must be produced in compliance with Lamar
production specifications and must come with a 60 day warranty against fading and tearing.
11. Bulletin Enhancements: Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal display
area. The basic fabrication charge is for a maximum 12 months.
12. Assignment: Advertiser shall not sublet, resell, transfer, donate or assign any advertising space without the prior written consent of Lamar.
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