HomeMy WebLinkAboutRES 042721-AA - WCMUD Eminent DomainRESOLUTION NO. OLI 2 1 Z l- O
A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS
CONSENTING TO THE USE OF EMINENT DOMAIN BY
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 25 TO
ACQUIRE DRAINAGE EASEMENTS OUTSIDE OF THE
BOUNDARIES OF THE DISTRICT.
WHEREAS, the City of Georgetown ("City"), HM Parkside, LP, a Texas limited
partnership ("HM Parkside"), HM CR 176-2243 LP, a Texas limited partnership affiliated
with HM Parkside ("HM-CR"), and Williamson County Municipal Utility District No. 25
("WCMUD No. 25") entered into the Second Amended and Restated Consent Agreement
(the "Second Consent Agreement"), dated as of October 17, 2019, and recorded under
Document No. 2019117039, Official Public Records of Williamson County, Texas.
WHEREAS, the City, HM Parkside, and HM-CR also entered into the "Development
Agreement Parkside on the River Subdivision" dated as of November 19, 2019, and
recorded under Document No. 2019117041, Official Public Records of Williamson
County, Texas, as amended by and partially assigned to HM Parkside Development, Inc.,
a Texas corporation ("HM Development") by the "First Amendment to and Partial
Assignment of Development Agreement Parkside on the River Subdivision" dated as of
December 8, 2020, and recorded under Document No. 2020162167, Official Public
Records of Williamson County, Texas (collectively, the "Development Agreement").
WHEREAS, Section 4.03 of the Development Agreement requires detention to be
provided in accordance with the City's Unified Development Code, except as follows:
"the City will allow fully developed flows from the portions of the Remainder Property
that drain to the Barton Tributary or directly to the River to be discharged from water
quality ponds via easements to be granted (or acquired) by Owner at no cost to the City
into the Barton Tributary or River and no detention will be required. Stormwater runoff
from the Remainder Property must produce no significant impact to the adjacent
downtown stream properties," in accordance with that certain "Parkside on the River
Detention Waiver Analysis & Floodplain Study" prepared by Stantec Consulting
Services, Inc. and sealed by a licensed and registered professional engineer on March 25,
2019, as approved by the City's engineer (the "Project Study"). (All capitalized terms not
defined in this Resolution shall have the meanings assigned to them in the Second
Consent Agreement and the Development Agreement.)
Resolution No. Z-1 2
WCMUD No. 25 — Eminent Domain Page 1
WHEREAS, the Project Study calls for certain off -site drainage easements to be obtained
on land (the "TCS Land") owned by Texas Crushed Stone ("TCS") and on land (the
"Faubion Land") owned by Gordon W. Faubion ("Faubion").
WHEREAS, Williamson County (the "County") built improvements to County Road 176
and FM 2243, which also require drainage easements over the TCS Land and the Faubion
Land, and HM Development and the County entered into a Drainage Improvements
Participation Agreement dated June 23, 2020 (the "County Drainage Agreement") under
which HM Development and the County agreed to cooperate to obtain drainage
easements in a form acceptable to the City and the County from TCS (the "TCS Easement")
and Faubion (the "Faubion Easement") as more particularly described in the County
Drainage Agreement and Project Study.
WHEREAS, the County currently is negotiating with TCS to obtain the TCS Easement.
The County Drainage Agreement requires the County to obtain the TCS Easement
through eminent domain proceedings if such negotiations fail.
WHEREAS, HM Development has been unable to obtain the Faubion Easement through
negotiation; therefore, WCMUD No. 25, at HM Development's expense, has filed
proceedings in eminent domain against Faubion to acquire the Faubion Easement, which
are styled as Cause No. 21-0469-CC2 in County Court at Law No. 2 of Williamson
County, Texas.
WHEREAS, Section 6.02 of the Second Consent Agreement provides, in pertinent part
that, "Except as otherwise stated in this Agreement or a Development Agreement, no
District is authorized to exercise the power of eminent domain to acquire any interest in
property that is located outside the boundaries of that District as then approved by the
TCEQ except when such power is exercised upon the express written consent of the City."
WHEREAS, as required by Section 6.02 of the Second Consent Agreement, WCMUD No.
25 and HM Development have asked the City to authorize WCMUD No. 25 to exercise
the power of eminent domain to acquire the Faubion Easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
SECTION 1. The meeting at which this Resolution was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Resolution No. 04 Z-1 ZI h
WCMUD No. 25 — Eminent Domain Page 2
SECTION 2. 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.
SECTION 3. The City Council of the City of Georgetown hereby grants its consent
allowing WCMUD No. 25 to use its power of eminent domain to acquire the Faubion
Easement subject to the following conditions: That the Faubion Easement be consistent
with the Development Agreement and Project Study and acceptable in location, size,
purpose, duration, form and substance to the City, as generally shown on the attached
Exhibit A.
SECTION 4. The Mayor is authorized to sign the Resolution and the City Secretary to
attest.
SECTION 5. This Resolution shall become effective and be in full force and effect on its
execution by the Mayor.
PASSED AND APPROVED ON THE ._Z-[!�-c lay of April, 2021.
CITY OFJL;EORGETOWN, TEXAS —,- -
W
Titicy,,,,' Mayor
ATTEST:
By:
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
By:
Sk Mas on, City Attorney
EXHIBIT LIST:
Exhibit A: Faubion Easement Metes and Bounds and Sketch
Resolution No. OLA 2,12 k — %k 0
WCMUD No. 25 - Eminent Domain
Page 3
Exhibit A
Faubion Easement Metes and Bounds and Sketch
County: Williamson
Project: Parkside on the River
Job No.: A191301
MB No.: 19-053
FIELD NOTES FOR 4,057 ACRES
Being a tract containing 4,057 acres of land located in the I Thompson Survey, Abstract Number
608 in Williamson County, Texas. Said 4.057 acre tract being a portion of a call 93.60 acre tract
of land recorded in the names of Arthur and Gordon Faubion in Document Number 200504319,
Official Public Records Williamson County (O.P.R.W.C.). Said 4.057 acres being more
particularly described by metes and bounds as follows (bearings are referenced to the Texas
Coordinate System, NAD 1983, Central Zone):
Beginning at a 1/2-inch iron rod found for the southwesterly comer of said 93.60 acre tract, said
iron rod being a corner of a called 1,146.591 acre tract recorded in the name of 14M Parkside, LP,
in Document Number 2018114043, O.P.R.W.C., also being on the northerly Right -of -Way
(R.O. W.) line of F.M. 2243 (80' wide);
Thence, with the westerly line of said 93.60 acre tract and an easterly line of said 1,146.591 acre
tract, the following three (3) courses:
1. North 20 degrees 43 minutes 36 seconds West, a distance of 754.25 feet to a 1/2-inch iron
rod found;
2. North 20 degrees 57 minutes 06 seconds West, a distance of 930.97 feet to a capped iron
rod found stamped "1847';
3. North 21 degrees 20 minutes 43 seconds West, a distance of 498.46 feet to the Point of
Beginning of the herein described tract;
Thence, continuing with the westerly line of said 93.60 acre tract and an easterly line of said
1,146.591 acre tract, North 21 degrees 20 minutes 43 seconds West, a distance of 216.53 feet;
Thence, through and across said 93.60 acre tract the following fourteen (14) courses;
1. South 86 degrees 41 minutes 13 seconds East, a distance of 43.87 feet;
2. North 76 degrees 47 minutes 16 seconds East, a distance of 39.32 feet;
3. South 89 degrees 23 minutes 06 seconds East. a distance of 56.16 feet:
4. North 72 degrees 18 minutes 53 seconds East, a distance of 40.83 feet;
5. North 62 degrees 31 minutes 18 seconds East, a distance of 49.00 feet;
6. North 70 degrees 34 minutes 49 seconds East, a distance of 42.92 feet;
Page 1 of 4
Exhibit A
Faubion Easement Metes and Bounds and Sketch
7. North 50 degrees 31 minutes 39 seconds East, a distance of 55.60 feet;
8. North 26 degrees 36 minutes 13 seconds East, a distance of 72.45 feet;
9, North 64 degrees 48 minutes 26 seconds East, a distance of 92.12 feet;
10, North 44 degrees 12 minutes 28 seconds East, a distance of 48.52 feet;
11. North 50 degrees 18 minutes 43 seconds East, a distance of 65.26 feet;
12. North 33 degrees 03 minutes 40 seconds East, a distance of 45.78 feet;
13. North 56 degrees 23 minutes 15 seconds East, a distance of 115.09 feet;
14. North 26 degrees 23 minutes 04 seconds East, a distance of 11.59 feet to a point on the
northerly lute of said 93.60 acre tract, said point being on an interior line said 1,146.591
acre tract;
Thence, with the northerly line of said 93.60 acre tract and the interior line of said 1,146.591 acre
tract the following two (2) courses;
1. North 69 degrees 32 minutes 42 seconds East, a distance of 231.31 feet to a capped iron
rod stamped "1847";
2. North 69 degrees 43 minutes 16 seconds East, a distance of 170.90 feet;
Thence, through and across said 93.60 acre tract the following twenty-one (21) courses;
1, South 46 degrees 56 minutes 27 seconds West, a distance of 105.90 feet;
2. South 44 degrees 29 minutes 49 seconds West, a distance of 51.54 feet;
3. South 37 degrees 58 minutes 01 seconds West, a distance of 36.81 feet;
4. South 55 degrees 50 minutes 25 seconds West, a distance of 57.92 feet;
5. South 41 degrees 59 minutes 58 seconds West, a distance of 122.81 feet;
6. South 34 degrees 51 minutes 37 seconds West, a distance of 100.85 feet;
7, South 20 degrees 20 minutes 48 seconds West, a distance of 29.67 feet;
8. North 83 degrees 58 minutes 15 seconds West, a distance of 24.66 feet;
9. South 58 degrees 49 minutes 41 seconds West, a distance of 44.57 feet;
Page 2 of 4
Exhibit A
Faubion Easement Metes and Bounds and Sketch
10. South 43 degrees 39 minutes 07 seconds West, a distance of 24.26 feet;
l l . South 58 degrees 17 minutes 02 seconds West, a distance of 48.53 feet;
12. South 49 degrees 22 minutes 32 seconds West, a distance of 61.07 feet;
13. South 44 degrees 13 minutes 58 seconds West, a distance of 47.21 feet;
14. South 48 degrees 40 minutes 37 seconds West, a distance of 28.25 feet;
15. South 28 degrees 55 minutes 50 seconds West, a distance of 24.73 feet;
16. South 49 degrees 33 minutes 56 seconds West, a distance of 46.35 feet;
17. South 55 degrees 33 minutes 55 seconds West, a distance of 170.89 feet;
18. South 72 degrees 59 minutes 20 seconds West, a distance of 70.55 feet;
19. South 69 degrees 00 minutes 16 seconds West, a distance of 39.94 feet;
20. South 82 degrees 15 minutes 23 seconds West, a distance of 42.04 feet;
21. South 78 degrees 12 minutes 37 seconds West, a distance of 38.88 feet to the Point of
Beginning containing 4.057 acres.
GBl Partners, LP
T13PLS Firm No. 10194150
Ph: 512-296.2675
October 18, 2019
Page 3 of 4
c4a. IMM"
Exhibit A
Faubion Easement Metes and Bounds and Sketch
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Being o Portion of o Coll 93,00 core tract of land roco/ded
r f P,O,C. In the names of Arthur and Gordan Foublon in Document
f Number 200501341E, Offlelal Public Records WIINamson
County (O.P.R.W.C.) located In the J. Thompson Survey,
Abstract No, 608, In Wllliomean County, Texas.
Exhibit_ --- Page
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NOTES
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Page 4 of 4