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-
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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