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HomeMy WebLinkAboutAgenda CC 09.13.2005Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, September 13, 2005 The Georgetown City Council will meet on Tuesday, September 13, 2005 at 06:00:00 PM at City Council Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Please Note: This City Council Meeting will be video taped live without editing and shown on the local cable channel. Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney Pending or Threatened Litigation Legal Advice Regarding Agenda Items and other Matters Discussion and possible action regarding the proposed Agreement Regarding Donation of Right of Way for Connector Road Between SH 29 and Rivery Blvd (Hacias Los Lobos) Discussion of legal issues related to expansion of city limits and extraterritorial jurisdiction Discussion and possible action regarding contested case hearing on City of Leandefs requests to amend CCN Nos. 10302 and 20626 (Application Nos. 34789-C and 34790-C); SOAH Docket No. 582-05-7095; TCEQ Docket No. 2005-0864-UCR B Section 551.072 - Deliberations Regarding Real Property Discussion and possible action regarding the proposed Agreement Regarding Donation of Right of Way for Connector Road Between SH 29 and Rivery Blvd (Hades Los Lobos) Consideration and possible action to authorize staff to enter into negotiations with the owners of 910 W. University Ave. for the purpose of acquiring land for the extension of the San Gabriel River trail system C Sec.551.074 Personnel Matters Annual Performance Evaluation and Compensation Review of City Secretary and Municipal Judge Regular Session - To begin no earlier than 06:00 PM Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Call to Order Pledge of Allegiance Comments from the dais Welcome to Audience and Opening Comments — Mayor Gary Nelon Review of new procedure for addressing the City Council Announcement of vacancies for one position on the Civil Service Commission, an alternate position on the Zoning Board of Adjustment, and two alternate positions on the Building Standards Commission City Council Agenda/September 13, 2005 Page 1 of 4 Pages G Announcements and Comments from City Manager Public Wishing to Address Council Royce Robinson regarding proposed annexation of his property. Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 22; the regular Council Meeting on Tuesday, August 23; the Public Hearing on Thursday, August 25; and the Special Meeting on Thursday, September 1, 2005 — Sandra D. Lee, City Secretary K Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $2,042 in Hotel Occupancy Tax (HOT) funds to the Williamson County Historical Museum for help in the production and distribution of a new rack card -- Shelly Hargrove, Tourism Director and Main Street Coordinator and Randy Morrow, Director of Community Services L Consideration and possible action to approve the contract, between the City of Georgetown and Dunham Engineering, Inc., to provide professional services related to the rehabilitation of the Central Elevated Storage Tank for $30,000.00 — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities M Consideration and possible action to approve of declaration of used and obsolete transformers as surplus and authorization for staff to sell through competitive sealed bid for an estimated revenue of $10,000 -- Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and Administration N Consideration and possible action to authorize application for a grant of $26,255.80 from the Lower Colorado River Authority Community Development Partnership Program to be used for swift water rescue equipment -- Anthony Lincoln, Fire Chief O Consideration and possible action to approve a Resolution adopting the National Incident Management System (NIMS) as the standard for incident management — Kevin Stolle, Assistant Police Chief and David Morgan, Police Chief P Consideration and possible action concerning a Resolution authorizing the Mayor to execute quit claim deeds to vacate and abandon a portion of a 20 -foot -wide "Right -of -Way and Easement" located on property currently owned by Tasus Corporation described as Tract One, Georgetown Industrial Park South, West Phase Section One, recorded in Cabinet E, Slides 155-159, Plat Records, Williamson County, Texas, and on property adjacent thereto owned by Georgetown Railroad Company described as a 20.76 acre tract of land described as "Second Tract" in a deed recorded in Volume 543, Page 451, Official Records of Williamson County, Texas; said "Right -Of -Way and Easement" being fully described in Volume 781, Page 516 of the Official Records of Williamson County, Texas — Thomas R. Benz, Systems Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Q Consideration and possible action regarding approval for an increase in the not -to -exceed amount from 90,000 to $120,000 for hardware purchases and professional services with Advancetech Systems 2, Inc. -- Dennis Schoenborn, Information Technology Director and Tom Yantis, Assistant City Manager R Consideration and possible action on the study to realign, close, or relocate Maple Street through Southwestern University — Paul Brandenburg, City Manager S Consideration and possible action concerning a Resolution authorizing the Release of a Special Assessment Lien against property currently owned by Kenneth P. Olson and located at 211 W. 8th Street. City Council Agenda/September 13, 2005 Page 2 of 4 Pages Patricia E. Cads, Brown & Cads, LLP, City Attorney T Consideration and possible action on funding allocations for contracted community/social services for the 2005/06 budet year - Councilmembers Farley Snell, Patty Eason, and Gabe Sansing U Consideration and possible action to authorize staff to negotiate a contract for professional services with Civic Design Associates for the Williams Drive Gateway Redevelopment Master Plan -- Tom Yantis, Assistant City Manager V Consideration and possible action to amend the development agreement with San Gabriel River Place Partners to extend the construction commencement date by 90 days -- Tom Yantis, Assistant City Manager W Consideration and possible action to adopt a resolution approving the 2005/06 Budget and related Property Tax Assessment for the Georgetown Village Public Improvement District #1- Micki Rundell, Director of Finance and Administration X Second Readings 1. Second Reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2005 -- Micki Rundell, Director of Finance and Administration 2. Second Reading of an ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration 3. Second Reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2005, and ending September 30, 2006; adopting the Annual Amendment to the Century Plan - Micki Rundell, Director of Finance and Administration 4. Second Reading of an ordinance amending Title 2 of the City of Georgetown Code of Ordinances to add new Chapter 2.115, relating to the Georgetown Village Public Improvement District No. 1 Advisory Board; establishing the purpose, membership, officers, rules of procedure, and powers and duties of the Board; and approving the bylaws of the Board -- Patricia E. Cads, City Attorney 5. Second Reading of an Ordinance Rezoning 20.188 acres in the Joseph Fish Survey, from AG, Agricultural District to a PUD, Planned Unit Development District, to be known as the Planned Unit Development of Georgetown Village, Section 3-13, located along Shell Road, Village Commons Boulevard, Greenside Lane and Hickory Lane -- Bobby Ray, AICP, Acting Director of Planning and Development 6. Second Reading of an Ordinance Rezoning 31.31 acres in the Leroy B. Lord Survey, from AG, Agricultural District to RS, Residential Single-family district with a PUD, Planned Unit Development District, to be known as the Planned Unit Development of Georgetown Village, Section Six, located northwest of Shell Road within Georgetown Village -- Bobby Ray, AICP, Acting Director or Planning and Development 7. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family District to C1, Local Commercial or C3, General Commercial District for River Hills, Section One, Block E, Lot 14, located at the northwest corner of River Hills Drive and South I -H 35 -- Bobby Ray, AICP, Acting Director or Planning and Development 8. Second Reading of an Ordinance Rezoning 6.34 acres in the Clement Stubblefield Survey, from RS, Residential Single Family district to Ct, Local Commercial district located at 910 West University Avenue Bobby Ray, AICP, Acting Director or Planning and Development Y Public Hearings / First Readings 1. First reading of an ordinance annexing into the City for 102.38 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 30 and White Wing Golf Course, for Sun City Neighborhoods 31 and 32 - Bobby Ray, Acting Director, Planning and Development and Ed Polasek, Chief Long Range Planner 2. First reading of an ordinance annexing into the City for 16.616 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 32, for Sun City Boulevard Right -of -Way to Parmer Lane - Bobby Ray, Acting Director, Planning and Development and Ed Polasek, Chief Long Range Planner City Council Agenda/September 13, 2005 Page 3 of 4 Pages 3. First reading of an ordinance annexing into the City for 20.71 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 29 and White Wing Golf Course, for Sun City Neighborhood 21 Bobby Ray, Acting Director, Planning and Development and Ed Polasek, Chief Long Range Planner 4. First reading of an ordinance annexing into the City for 18.819 acres, more or less, in the Burrell Eaves Survey, east Sun City Neighborhood 33, for Sun City Boulevard Right -of -Way to State Highway 195 — Bobby Ray, Acting Director, Planning and Development and Ed Polasek, Chief Long Range Planner 5. Public Hearing to Consider a Rezoning of 21.407 acres in the Frederick Foy Survey, from AG, Agricultural District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -One, located two miles northwest of the intersection of Del Webb Boulevard and Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development. 6. First Reading of an Ordinance Rezoning 21.407 acres in the Frederick Foy Survey, from AG, Agricultural District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -One, located two miles northwest of the intersection of Del Webb Boulevard and Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development 7. Public Hearing to Consider a Rezoning an 18.819 acre tract in the Burrell Eaves Survey, from AG, Agriculture to P.U.D., Planned Unit Development District, to be known as Sun City Georgetown, Sun City Boulevard Extension (East), located two miles northeast of the intersection of Del Webb Blvd. and Sun City Blvd. — Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development 8. First Reading of an Ordinance Rezoning an 18.819 acre tract in the Burrell Eaves Survey, from AG, Agriculture to P.U.D., Planned Unit Development District, to be known as Sun City Georgetown, Sun City Boulevard Extension (East), located two miles northeast of the intersection of Del Webb Blvd. and Sun City Blvd.-- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development Z Appointments 1. Consideration and possible action to appoint Paul Gaffney as Chair for the newly established City of Georgetown Arts and Culture Board — Mayor Nelon 2. Consideration and possible action to appoint Mike Sparks as Chair of the Historic and Architectural Review Commission, elevate Chris Damon from Alternate to Regular, and appoint Nancy Knight as Alternate due to the resignation of Joe Burke -- Mayor Nelon 3. Consideration and possible action to appoint Lane Robison to the Animal Services Advisory Board due to the resignation of Leann Phenix — Mayor Nelon 4. Consideration and possible action to appoint Judy Parks as the lay representative to the Central Texas Library System for the Georgetown Public Library — Mayor Nelon Certificate of Post! I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, and on the bulletin board located outside of the Council Chambers, 101 East 7th Street, places readily accessible to the general public at all times, on the day of , 2005, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. City Council Agenda/September 13, 2005 Page 4 of 4 Pages t._ s - Council Meeting Date: September 13, 2004 Item No. AGENDA ITEM COVER SHEET SUB)_ECT: Consideration and possible action to approve the contract, between the City of Georgetown and Dunham Engineering, Inc., to provide professional services related to the rehabilitation of the Central Elevated Storage Tank for $30,000.00. ITEM SUMMARY: The Central Elevated Storage Tank and the ten other storage tanks in the Georgetown water system are inspected by Dunham Engineering to satisfy the TCEQ annual inspection requirement and to assess the need for rehabilitation. Several of Georgetown's tanks have been in service for over fifteen years without any significant repairs. The Central Elevated Storage Tank is the fourth of five tanks identified as needing rehabilitation due to coating problems. This contract provides for the necessary engineering design, bid specifications, contract documents, and project services to allow for the rehabilitation of the Central Elevated Storage Tank in an amount not to exceed $3000.00. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Fiscal year 2004/2005 in the amount of $30,000.00 out of Water Operations Fund (660-108- 5805-00). GUS BOARD RECOMMENDATION: None — Cost is below the threshold for GUS review. STAFF RECOMMENDATIONS: Staff recommends the approval of a contract between the City and Dunham Engineering, Inc. for engineering services relating to the rehabilitation of theCentral Elevated Storage Tank. None. ATTACHMENTS: Contract with Submitted By: Glenn Dishong, Water Services Manager Inc. for Utilities DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. • College Station, TX 77845 • (979) 690.6555 • Mobile (979) 820-1648 • FAX (979) 690-7034 www.DunhaniEngineering.com Letter of Agreement This is an Agreement made as of between the City of Georgetown, Texas hereinafter known as the OWNER and Dunham Engineering, Inc., of College Station, Texas hereinafter known as the ENGINEER. The OWNER intends for the ENGINEER to perform professional engineering services in the design and construction inspection of the WORK The WORK is defined as the rehabilitation of an existing 500,000 gallon welded steel elevated water storage tank located on Central Avenue in Georgetown, Texas. The rehabilitation will be done in accordance with the recommendations made in the ENGINEER'S Report of Inspection dated February 6, 2001. The estimated cost of construction is $270,000.00 PHASE I - DESIGN The ENGINEER agrees to prepare the design, produce engineering plans and specifications, prepare the contract documents, advertise for bids to selected contractors and recommend award of a lump sum construction contract to complete the WORK for the OWNER. The ENGINEER agrees to provide a draft set of contract documents to the OWNER for review and approval no later than 30 days from the date of the Agreement. The ENGINEER agrees to finalize the documents and advertise the WORK to selected contractors for bid within 30 days after receipt of OWNER'S comments and approval. The OWNER agrees to advertise the WORK as required in the local newspaper to meet state requirements for advertising a public works project. The ENGINEER agrees to assist the OWNER in opening and reviewing bids and recommending a contractor for award. PHASE 11- CONSTRUCTION The ENGINEER agrees to periodically inspect the contractor during the construction period to insure contract compliance. The ENGINEER agrees to process Contractor progress payments and recommend payment by the OWNER. The ENGINEER agrees to prepare and process Contract Change Orders as required during the course of the construction contract The ENGINEER agrees to conduct a final inspection of the WORK and to recommend final payment for the CONTRACTOR when the WORK is completed The ENGINEER agrees to schedule and conduct a one year warranty inspection of the WORK prior to the end of the warranty period and to coordinate completion of any required warranty repairs. In consideration of the above services, the OWNER agrees to compensate the ENGINEER in accordance with the following schedule: Phase I - Design Total fee of $20,000.00. Partial payments due as follows: 50% due when draft contract documents provided to OWNER 50% due when contractor recommended for award. Phase 11- Construction Total fee not to exceed $10,000. without prior approval. Fee billed on $65/hour portal to portal rate with *minimum inspection trip fee of 5 hours. Fees billed on monthly basis for actual hours worked. ijeOWNER M ENGINEERING, INC. 2 P7—S 2 If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: Yes • No If so, what division(s)? Prepared by: Glenn Dishong Date: 09/06/2005 Agenda Item Checklist: Approved on 09/07/2005 Approvers Title signed Notified Received Status Changed Status Jim Briggs Assistant City 09/06/2005 09/06/2005 9/07/2005 09/07/2005 Approved Jose Lara Manager 09/072005 09/07/2005 9/07/2005 09/0712005 Approved Utility Financial Analyst Approval Cycle Settings Council Meeting Date: September 13. 2005 AGENDA ITEM COVER SHEET Item No. SUBJECT: Resolution of the City Council of the City of Georgetown, Texas, authorizing the Mayor to execute quit claim deeds to vacate and abandon a portion of a 20 -foot -wide "Right -of -Way and Easement" located on property currently owned by Tasus Corporation described as Tract One, Georgetown Industrial Park South, West Phase Section One, recorded in Cabinet E, Slides 155-159, Plat Records, Williamson County, Texas, and on property adjacent thereto owned by Georgetown Railroad Company described as a 20.76 acre tract of land described as "Second Tract" in a deed recorded in Volume 543, Page 451, Official Records of Williamson County, Texas; said "Right -Of -Way and Easement" being fully described in Volume 781, Page 516, of the Official Records of Williamson County, Texas; and establishing an effective date. ITEM SUMMARY: At the time of development of the Tasus site, it was determined that an existing wastewater line was situated on the property such that Tasus would not be able to develop over the line. In order to facilitate development of the Tasus site, the City agreed to re-route the sewer line in exchange for Tasus' conveyance of any necessary easement(s) to do so. Tasus conveyed the easements to the City and the line has since been re -muted. However, the re-routing of the line also necessitated the acquisition of a new easement from the neighboring landowner, Georgetown Railroad Company. Georgetown Railroad donated the necessary easement. Both landowners have now requested the abandonment of the portion of the above-described "Right of Way and Easement" that is no longer necessary for public use. The attached resolution authorizes the vacation and abandonment of the unneeded portion of the old "Right of Way and Easement". SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. ATTACHMENTS: Proposed Resolution P3\ Q i Q^ Submitted By: Thomas R. Benz, Systems I Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS TO VACATE AND ABANDON A PORTION OF A 20 - FOOT -WIDE "RIGHT-OF-WAY AND EASEMENT" LOCATED ON PROPERTY CURRENTLY OWNED BY TASUS CORPORATION DESCRIBED AS TRACT ONE, GEORGETOWN INDUSTRIAL PARK SOUTH, WEST PHASE SECTION ONE, RECORDED IN CABINET E, SLIDES 155-159, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND ON A 20.76 ACRE TRACT OF LAND ADJACENT THERETO OWNED BY GEORGETOWN RAILROAD COMPANY DESCRIBED AS "SECOND TRACT" IN A DEED RECORDED IN VOLUME 543, PAGE 451, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID "RIGHT-OF-WAY AND EASEMENT" BEING FULLY DESCRIBED IN VOLUME 781, PAGE 516, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 28, 1979, Georgetown Railroad Company ("Georgetown Railroad") granted the City of Georgetown a Right of Way and Easement described in Volume 781, Page 516, of the Official Records, Williamson County, Texas (the "Existing Easement'), a copy of which is attached hereto as Exhibit "A"; and WHEREAS, on March 4, 2004, by Special Warranty Deed recorded in Document No. 2004017102 of the Official Records of Williamson County, Texas, Georgetown Railroad Company conveyed a portion of the property encumbered by the Existing Easement described as Tract One of the Georgetown Industrial Park South, West Phase Section One, recorded in Cabinet E, Slides 155- 159, Plat Records, Williamson County, Texas, to Tasus Corporation (the "Talus Property); and WHEREAS, pursuant to Paragraph 2. of that one certain INFRASTRUCTURE AND UTILITY AGREEMENT BETWEEN TASUS CORPORATION, INC. AND CITY OF GEORGETOWN, TEXAS (the Agreement") dated March 25, 2004, the City agreed to construct "appropriate water and wastewater lines from existing Cityfacilities to the Tasus facility ", which facility was proposed for construction at the time of execution of the Agreement; and WHEREAS, although an existing wastewater line was located on the Tasus Property within the Existing Easement, Tasus' construction plans conflicted with the Existing Easement and location of the existing line therein, which necessitated the construction of a new wastewater line in a different location; and WHEREAS, the proposed construction of the new wastewater line necessitated the acquisition of new easements from Tasus Corporation and Georgetown Railroad and rendered a 0.68 -acre portion described by metes and bounds in Exhibit "B" attached hereto (the "Property"), of the Existing Easement no longer necessary for public use; and Resolution No. Abandonment of a portion of a "Right of Way and Easement" Page 1 of 2 WHEREAS, Georgetown Railroad and Tasus Corporation have requested the vacation and abandonment of the Property; and WHEREAS, upon considering the request for vacation and abandonment of the Property, as well as additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it is in the best interest of the citizens of Georgetown to vacate and abandon the Property. 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 this resolution implements the following policies of the Century Plan - Policy Plan: Growth and Physical Development Focus End 3.00, which states: "Citizens, business owners and organizations enjoy the benefits of well-planned land usage in which conflicting needs are balanced; and 2. Utilities/Energy Policy End 12.00, which states: "City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers." The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deeds in the forms attached hereto as Exhibits "C" and "D" vacating and abandoning the Property across the Tasus Property and the adjacent Georgetown Railroad property, respectively, 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 CITY OF GEORGETOWN M Gary Nelon, Mayor APPROVED AS TO FORM: day of 2005. ATTEST: Sandra D. Lee, City Secretary Patricia E. Carls, Brown & Carls, LLP, City Attorney Resolution No. Abandonment of a portion of a "Right of Way and Easement' Page 2 of 2 EXHIBIT VDL 7lSAP4GE P' 5 •i16 THE STATE OF TEXAS, Q I KNOW ALL MEN BY THESE PRESENTSCOUNTYOFWILLIAMSON. I RIGHT OF WAY AND EASEMENT That the undersigned, Georgetown Railroad Company, hereinafter called Grantor, acting by and through its president, W. P. Ludwig, Jr., of Williamson County, Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the City of Georgetown, Texas, the receipt of which is hereby acknowledged, confessed and deemed to be sufficient, and for which no liens, express or implied, are hereby retained, do hereby grant and convey unto the City of Georgetown, Williamson County, Texas, hereinafter called Grantee, its successors and assigns, a right of way and easement for the installation, maintenance, repairing, replacement and removal of sewer lines, and appurtenances on, under, over and across the land descl'ibed as follows: SEE EXHIBIT "A" ATTACHED HERETO) To have and to hold the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said City of Georgetown, Texas, its successors and assigns forever, so that neither the said City of Georgetown, Texas, nor its successors, nor any person or persons claiming under said City of Georgetown, Texas, shall, at any time hereafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. The Georgetown Railroad Company has caused this instrument to be executed by W. P. Ludwig, Jr., President, this 28th day of December, 1979. GEORGETOWN RAILROAD COMPANYC O Y W. P. Ludwig, Jr., P es ent Secr2'b r THE STATE OF TEXAS, COUNTY OF WILLIAMSON. Before me, the undersigned authority, on this day personally appearedW. P. Ludwig, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, as President of Georgetown Railroad Company, a Texas Corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. Given under my hand and seal of office, this the 28th day of December, 1979. Notary Public in and for Williamson County, Texas - i 1. r. vol 7881rkce Ji% FIELD NOTES FOR A 20' PUBLIC UTILITY EASEMENT; BEING a strip of land 20 feet wide out of and a part of that certain tract of land as conveyed to the Georgetown Railroad Company of record in Volume 543 , Page 451 of the Deed Records of Williamson County, Texas, also being out of the Rui- does Irrigation Co. Survey, Abstract No. 715 and out of the Clement Stubblefield Survey, Abstract No, 558, the centerline of which being more particularly described as follows; BEGIN14ING for REFERENCE at a concrete monument found in the East right-of-way of Interstate Highway No. 35; said monument marking highway station 930 + 20; THENCE, with thVWast right-of-way of Interstate HighwayNo. 35, S 17. 5, 362.43 feet to the place of BEGINNING of the herein -described easement; THENCE N 83. 21' E. 932.52 feet to a point; , THE14CE S 87. 12' E, 359.41 feet to a point; 1 THENCE N 80. 35' E, 414.68 feet to a point; THENCE N 66' 38' E, 484.90 feet to the place of TERMINATION of the herein -described easement. STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON X I. Don H. Bizzell, Registered Professional Engineer, do hereby certify that the above-described tract of land was surveyed on the ground under my personal supervision during the month of November, 1979, and that said description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 23rd day of November, 1979, A.D. Don H. egisters ro slona nginet State of Texas Jr Job No. 5414-E STEGER & BIrrELL•INCeti co.muiea samaau r. o. for m • stars Crown. aur na" THE STATE OF TEXAS Bizzell Courtly of Williamson 1 I. James N. Boylston, Clerk of the County Court of mid County, do hereby ser. city that the foregoing Instrument In wiling, with bi eeNlflime of authentication, was Ned for record In my office on the 2nd dny of Jan. A.U. 19 L0 p1 11:10o'clock A M., and duly r",o,ded thls the 2nd day of Jan. A,D. 19 80 at 5'35.' o'clock—P M.,inihe Deed Reiords of sa15 County, In Vol. 781 pp 516 WITNESS MY HAND and Mal of the'Coumy Court of said, County, at office In Georgetown, Tex". the dam - Islas above written. BY N Ir. Irtr' IAMrDOYyTON, CLERK,__ 12 DeputY Countyly CoYn, WIII18mf00 County, TCR" EXHIU1I LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20 -FOOT -WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20 -Foot -Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described a follows; BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest corner hereof; THENCE, along the north line of the said City of Georgetown right of way and easement, N 780 52' 15" E, 928.77 feet; N 88° 19' 15" E, 359.17 feet and N 760 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20 -Foot -Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as• Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast comer hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 26° 56' 45" W, 13.38 feet to a point and S 210 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast comer hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 760 06' 15" W, 192.62 feet; S 88° 19' 15" W, 359.65 feet and S 780 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest comer of the said City of Georgetown right of way and easement tract, for the Southwest comer hereof; THENCE, along the said east line of Interstate Highway No. 35; N 13° 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON } I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, to the best of my knowledge and belief. To ce 'fy which, witness my h td d seal at Georgetown, Williamson County, Texas, this the W day of 2005, A.D. T)nn H. Ri7.7.ell Registered ProfessioWA4,and Surveyor, No. 2218 20421-G-ld- M8746'WE 498.20_) n / Sutye9"/ / M / Contluit el .4w gal 6 O / b lea i 4ariy ^ / Manhole / St`b ,ems e Q ( Coles M /N }5 6x) 0.613 pC O Manhole HDS19'1 , Manhole, a pi h Monhole 1Y 59 41,) a 1 Q, 394.94' ti° o { • R' 068 P oYbe v Qr P of Iko P A, e0A PC `own Ft19/psPO ndatled ^ / ^. Manhole e i{• p Oo OGeoQq ds mel i e M2 f o 0 O\O C 0 -o-I o 1nd L 1 g Ei`gOQ Q3 - 336.69' 49460' 5dol)-E 30.67 E 496.36') 347.29•) Manhole( Net'23'20'E 24.37' Utility Easement 02.9 11701134.9 - DATE: Cel 7\. IN IL813 FORM OF] QUIT CLAIM DEED 2005 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: Tasus Corporation, an Indiana corporation GRANTEE'S Mailing Address (including County): 300 Daniels Way Bloomington, Indiana 47404 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Being that portion of a 0.68 -acre tract of land described in Exhibit "A" attached hereto out of Tract One of the Georgetown Industrial Park South, West Phase Section one, a subdivision of record in Cabinet E, Slides 155-159, Plat Records, Williamson County, Texas; said 0.68 -acre tract (the "Property") being a part of a 20 -foot -wide Right of Way and Easement described in Volume 781, Page 517, Official Records of Williamson County. 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. EXECUTED this the day of 2005. APPROVED AS TO FORM: CITY OF GEORGETOWN Patricia E. Carls, Brown & Carls, LLP City Attorney STATE OF TEXAS Gary Nelon, Mayor ATTEST: Sandra D. Lee, City Secretary CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf of said municipality, 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 the _ day of 2005. Notary Public, State of Texas L HIBIT LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20 -FOOT -WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20 -Foot -Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described a follows; BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest comer hereof; THENCE, along the north line of the said City of Georgetown right of way and easement, N 780 52' 15" E, 928.77 feet; N 88° 19' 15" E, 359.17 feet and N 76° 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20 -Foot -Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as. Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 260 56' 45" W, 13.38 feet to a point and S 210 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast comer hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 76° 06' 15" W, 192.62 feet; S 88° 19' 15" W, 359.65 feet and S 780 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest comer of the said City of Georgetown right of way and easement tract, for the Southwest corner hereof; THENCE, along the said east line of Interstate Highway No. 35; N 13° 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, to the best of my knowledge and belief. To cey which, witness my h9nd pnd seal at Georgetown, Williamson County, Texas, this the day of 2005, A.D. Don H. Bizzell Registered ProfessionaAand Surveyor, No. 2218 20421 -G -Id FORM OF] QUIT CLAIM DEED DATE: .2005 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: Georgetown Railroad Company, a Texas corporation GRANTEE'S Mailing Address (including County): P.O. Box 529 Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Being that portion of a 0.68 -acre tract of land described in Exhibit "A" attached hereto out of a 20' Right of Way and Easement described in Volume 781, Page 517, Official Records of Williamson County, Texas upon, over and across that certain 20.76 acre tract of land described as "SECOND TRACT" in a deed to Georgetown Railroad Company recorded in Volume 543, Page 451, Official Records of Williamson County, Texas. 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. EXECUTED this the day of APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney 2005. CITY OF GEORGETOWN 0 ATTEST: Gary Nelon, Mayor Sandra D. Lee, City Secretary STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf of said municipality, 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 the _ day of 2005. Notary Public, State of Texas EXHIBIT LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20 -FOOT -WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20 -Foot -Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described a follows; BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest comer hereof; THENCE, along the north line of the said City of Georgetown right of way and easement, N 780 52' 15" E, 928.77 feet; N 880 19' 15" E, 359.17 feet and N 760 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20 -Foot -Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as. Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 260 56' 45" W, 13.38 feet to a point and S 210 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast comer hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 760 06' 15" W, 192.62 feet; S 88° 19' 15" W, 359.65 feet and S 780 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest corner of the said City of Georgetown right of way and easement tract, for the Southwest comer hereof; THENCE, along the said east line of Interstate Highway No. 35; N 130 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, to the best of my knowledge and belief. To certify which, witness my hpdynd seal at Georgetown, Williamson County, Texas, this the S[ day of 2005, A.D. Don H. Bizzell Registered ProfessiotM-and Surveyor, No. 2218 20421-G-ld Q+. +. „tire.,,,.. QUIT CLAIM DEED DATE: 2005 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: Georgetown Railroad Company, a Texas corporation GRANTEE'S Mailing Address (including County): P.O. Box 529 Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Being that portion of a 0.68 -acre tract of land described in Exhibit "A" attached hereto out of a 20' Right of Way and Easement described in Volume 781, Page 517, Official Records of Williamson County, Texas upon, over and across that certain 20.76 acre tract of land described as "SECOND TRACT" in a deed to Georgetown Railroad Company recorded in Volume 543, Page 451, Official Records of Williamson County, Texas. 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. EXECUTED this the day of , 2005. APPROVED AS TO FORM: CITY OF GEORGETOWN Patricia E. Carls, Brown & Carls, LLP City Attorney 67 ATTEST: Gary Nelon, Mayor Sandra D. Lee, City Secretary STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally appeared Gary Nelon, Mayor or me %-iry or veorgetown, a r exas nuuen AUM ivrwuc.pai i;orpura[fvr , v;rrie arr-yr-saia municipality, 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 the _ day of 2005. Notary Public, State of Texas EXHIBIT LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20 -FOOT -WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20 -Foot -Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described a follows; BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest comer hereof, THENCE, along the north line of the said City of Georgetown right of way and easement, N 78° 52' 15" E, 928.77 feet; N 88° 19' 15" E, 359.17 feet and N 760 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20 -Foot -Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as, Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 26° 56' 45" W, 13.38 feet to a point and S 21- 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast corner hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 76° 06' 15" W, 192.62 feet; S 88° 19' 15" W, 359.65 feet and S 78° 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest corner of the said City of Georgetown right of way and easement tract, for the Southwest corner hereof; THENCE, along the said east line of Interstate Highway No. 35; N 13° 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, to the best of my knowledge and belief. To ceyfffy which, witness my hid d seal at Georgetown, Williamson County, Texas, this the day of tali 2005, A.D. 4' Don H. Bizzell - -- - Registered Professio d Surveyor, No. 2218 20421 -G-1d Council meeting date: September 13, 2005 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action concerning a Resolution authorizing the Release of a Special Assessment Lien against property currently owned by Kenneth P. Olson and located at 211 W. 8t' Street. ITEM SUMMARY: In 1985, the City of Georgetown levied assessments for sidewalk improvements in and around the downtown square area. An ordinance and affidavit was recorded in the Official Records of Williamson County, Texas, listing all property owners subject to the assessment. The subject property is in the process of being sold and the current owner, Mr. Kenneth P. Olson, has requested a release of the assessment lien(s) on his property as he recalls having paid off the assessment lien in full in 1986, although he does not possess any records evidencing the payment. The City's records imply that the the payment was made, but do not confirm the payment. Due to the fact that the City's financial records for the assessment begin in 1996, we are unable to definitely determine whether or not a payment was ever made or what amount, if any, may still be outstanding. In the past, the City Council has approved the release of these types of liens against properties when the City's financial records are insufficient to confirm the debt. Therefore, this request has been processed in the same manner and staff recommends release of the subject lien. ATTACHMENTS: Proposed Resolution Proposed Release of Special Assessment Lien Submitted By: Patricia E. Carls, Brown & Cads, LLP City Attorney