HomeMy WebLinkAboutRES 031020-R - Temp Construction EsmtRESOLUTION NO. Q&QU
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
AUTHORIZING THE GRANT OF A TEMPORARY CONSTRUCTION
EASEMENT OVER A PORTION LOTS 5, 6, 7, AND 8, BLOCK 39, OF THE
CITY OF GEORGETOWN AS DEPICTED IN THE ATTACHED EXHIBIT
"A".
WHEREAS, the City of Georgetown ("City") has previously agreed, in that Real Estate
Contract effective December 6, 2018 ("Sales Contract"), to provide to the owners of property
located 101 E. 7th, adjacent to the above described City property, the use of a portion of that City
property for a temporary staging and construction area ("Temporary Construction Easement" or
"TCE"). The area would be used for the staging of materials and equipment as well as work
space. This area would be closed to the public during such use. The City property requested
to be used is depicted on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, the City desires to facilitate this project for the improvement of the
Downtown area, and realizes the necessity for this facilitation given the constrained nature of
space in the Downtown; and
WHEREAS, upon considering the request for TCE and additional information pertaining
to the request, the City Council finds that granting such a TCE is in the interest of the City to
provide for development in the Downtown and within the Downtown TIRZ, and in accordance
with the terms of Sales Contract; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that the
adoption of this resolution is not inconsistent or in conflict with any of the City's 2030
Comprehensive Plan policies.
SECTION 2. The City Manager is hereby authorized to execute a Temporary
Construction Easement in substantially the same form attached hereto as Exhibit "B" and to
negotiate the terms, and execute other documents, to effect any and all extensions of this TCE as
he may deem necessary, 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.
Resolution No. 0310 ZO
Description: TCE, 101 E. Th, 500-1000-0004
Date Approved: Kt/wL [T�
Page 1 of 2
RESOLVED this 10 day of �_, 2020.
CITY OF GEORGETOWN ATTEST:
BY: 44"'6(,?044
Dale Ross, Mayor Robyn Dc smore, City Secretary
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of
the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed, as the act and
deed of said municipality, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thislQday of 2420.
UNDA RUTH WHITE
*� •° My Notary ID # 124936123
Expires May 24, 2024
Resolution No. 0310 z_0 �R
Description: TCE,101 E. Th, 500-1000-0004
Date Approved:Lo' 7&?k
otar ublic, StA of Texas
Page 2 of 2
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Exhibit "B"
STATE OF TEXAS
COUNTY OF WILLIAMSON
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS
This instrument is made on the _day of. 20 , at Georgetown, Texas, between the City
of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409, Georgetown, Texas,
78627 (hereinafter referred to as "Grantor" or the "City"), and Main and 71, LLC, whose address is
244 Gabriel Woods Dr., Georgetown, TX 78633 (herein referred to as "Grantee").
I, For the good and valuable consideration described in below, Grantor hereby GRANTS, SELLS and
CONVEYS to Grantee, its successors and assigns, a temporary construction easement and right-of-way
on, over, under, and across the following described property of the Grantor, to wit:
Being all that certain tract, piece or parcel of land lying and being situated in the
County of Williamson, State of Texas, depicted on the diagram in Exhibit A
attached hereto and made a part hereof for all purposes (herein referred to
sometimes as the "Temporary Construction Easement Area" or the "Property").
This Easement and the rights and privileges herein conveyed are granted for and in consideration of the sum
of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration to Grantor in hand paid
by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed.
2. This Temporary Construction Easement, with its rights and privileges, shall be used by Grantee only for
construction purposes, namely for the purpose of temporarily storing supplies, trucks, construction
vehicles, construction equipment, and utility equipment and related facilities on and within the Property,
the construction of improvements on the Property, and for the purpose of traversing on, over and across
the Property in connection with the proposed project to construct improvements either on an adjoining
property or within the Property (the "Project).
3. This instrument and the Temporary Construction Easement shall be in effect from the date construction
begins on the Project and shall expire upon completion of construction of the Project, but no later than
eight (8) months from the date of execution hereof, whichever occurs first
4. Grantee expressly agrees to return the Temporary Construction Easement Area to like or better condition,
or as close thereto as is reasonably possible.
5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to
WARRANT and FOREVER DEFEND the Temporary Construction Easement and the rights conveyed
in this instrument to Grantee and Grantee's successors and assigns, against every person lawfully
claiming or to claim all or any part thereof.
6, This Temporary Construction Easement, and the rights and privileges granted by this conveyance, are
EXCLUSIVE to Grantee for the duration of this instrument, and Grantor covenants not to convey any
other easement, license or other conflicting rights to use the area (or any portion ofthe area) covered by
this grant for the duration of this instrument.
7. INDEMNIFICATION
GRANTEE COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS,
THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AND
REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND
AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES,
FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION,
LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO,
BODILY INJURY OR DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY,
DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO
GRANTEE'S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS
OR OMISSIONS OF GRANTEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE,
EMPLOYEE, CONSULTANT OF THE GRANTEE, AND THEIR RESPECTIVE OFFICERS,
AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE
OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS AGREEMENT, ALL
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE
TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF
THE PARTIES UNDER TEXAS LAW, THE PROVISIONS OF THIS INDEMNIFICATION
ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED
TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY
OTHER PERSON OR ENTITY, GRANTEE SHALL PROMPTLY ADVISE THE CITY
IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR THE
GRANTEE KNOWN TO THE GRANTEE RELATED TO OR ARISING OUT OF
THE GRANTEE'S ACTIVITIES UNDER THE AGREEMENT AND SHALL SEE
TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT THE
TEMPORARY CONSTRUCTION EASEMENT Page 1 of 2
500-1000-0004
GRANTEE'S COST, THE CITY SHALL HAVE THE RIGHT, AT ITS OPTION AND
AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT
RELIEVING THE GRANTEE OF ANY OF ITS OBLIGATIONS UNDER THIS
PARAGRAPH.
IT 1S THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT, THAT THE
INDEMNITY PROVIDED FOR IN THIS ARTICLE, SHALL APPLY ONLY WHEN THE
NEGLIGENT ACT OF THE GRANTEE IS THE SOLE OR CONTRIBUTORY CAUSE OF THE
RESULTANT INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION TO THE
EXTENT A NEGLIGENT ACT OF THE CITY IS A SOLE OR CONTRIBUTORY CAUSE OF THE
RESULTANT INJURY, DEATH OR DAMAGE. IN THE EVENT THE INJURY, DEATH OR
DAMAGE IS THE RESULT OF THE CONTRIBUTORY NEGLIGENCE OF BOTH THE CITY
AND THE GRANTEE, THIS INDEMNITY SHALL APPLY ONLY TO THE EXTENT OF THE
GRANTEE'S CONTRIBUTORY NEGLIGENCE, THE GRANTEE FURTHER
AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND
IN THE NAME OF CITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST THE
CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND
REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH OR
DAMAGE FOR WHICH, AND TO THE EXTENT TO WHICH, THIS INDEMNITY SHALL
APPLY AS SET FORTH ABOVE_
This instrument contains the entire agreement between the parties relating to its subject matter. Any
oral representations or modifications concerning this instrument shall be of no force and effect Any
subsequent amendment or modification must be in writing and agreed to by all parties.
8, The terms ofthis instrument shall be binding upon Grantor, and Grantor's heirs, personal representatives,
successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns
of Grantee; and shall be deemed to be a covenant running with the land.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this _ day of
20
GRANTOR:
CITY OF GEORGETOWN, TEXAS, a Texas home -rule
municipality
Bv-
Name: David Morgan
Title: City Manager
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of 20,
by David Morgan, City Manager.
Notary Public, State of Texas
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2
500-1000-0004