HomeMy WebLinkAboutRES 071321-I - License to EncroachRESOLUTION NO. 01 13?A —Z
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE
DIRECTOR OF PLANNING TO EXECUTE A REVOCABLE LICENSE
AGREEMENT PERTAINING TO THE ENCROACHMENT OF PRIVATE
STORMWATER INFRASTRUCTURE INCLUDING HEADWALLS,
ENDWALLS, AND OUTFALL STRUCTURES INTO THE RIGHT OF WAY OF
MAYS STREET AND VARIOUS CITY OF GEORGETOWN EASEMENTS.
WHEREAS the City of Georgetown (the City) owns real property and real property rights
which are in the right of way of Mays Street, and an Access and Utility Easement and a
Wastewater Easement as described in Document Nos. 2017008576 and 2019071231, respectively,
of the Official Public Records of Williamson County, Texas (together the "ROW and Easements");
and
WHEREAS, the City has received a request from Horizontal Westinghouse, the owner of
the properties located on the north and south side of Mays Street, to permit the encroachment of
private drainage infrastructure, including headwalls, end walls, and outfall structures, within the
above described ROW and Easements utilizing the areas generally depicted in Exhibit "A",
attached hereto (License Area) for the purposes of conveying stormwater runoff; and,
WHEREAS the property owner agrees to accept the terms of the revocable license
agreement and as set forth in the City Code of Ordinances Section 12.09 and to reimburse the
City for costs incurred to process the request in accordance with state law requirements;
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.
SECTION 2. The Director of Planning is hereby authorized to execute a Revocable License
Agreement in substantially the same form attached hereto as Exhibit'B".
SECTION 3. This resolution shall be effective immediately upon adoption.
Resolution No. M 13 2 1 -1
Description: License to Encroach, 2021-7-LIC
Date Approved: %.xky 13� =I
Page 1 of 2
RESOLVED this —Le�day of 2021.
ATTEST:
Robyn Densmore, City Secretary
Skye Cass n, City Attorney
Resolution No. 61 13 Z I -
Description: License to Encroach, 2021-7-LIC
Date Approved: .
Page 2 of 2
[Exhibit "A" to Revocable License]
Exhibit "A" to the Revocable License is attached as Exhibit "A" to the foregoing Resolution and
will be attached accordingly to the original Revocable License prior to execution and recording.
Exhibit "A"
MADISON AT
WESTINGHOUSE
APARTMENT
COMPLEX
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15.42 AC
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(MORGAN)
LICENSE AGREEMENT AREA #1
(Culvert Crossing Mays Street ROW )
10.00' GEORGETOWN
UTILITY ESMT.
15.D0' P.U.E.
15,00' PRIVATE
DRAINAGE ESMT. �J
LICENSE AGREEMENT AREA #2
(Drainage Easement Crossing
Georgetown Access & Utility Easement
Doc,2017008576)
24.3 AC
OFFICE SITE
(BOURN)
LICENSE AGREEMENT AREA *3
(Drainage Easement Crossing
Georgetown Wastewater Easement
Doc 2019071231)
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WESTINGHOUSE ROAD _ • o
2.09 AO 1.37 AC'
RETAIL RETAIL
MAREDIA (HOURN)
IS-00' PRIVA7E DRAlt"E. ESMT.
9-02 AC
OFFICE SITE
(BOURN) �(
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WESTINGHOUSE 113, LLC
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MANSIONS 54 =�
(WRIA 2017-5, LP)
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BY
Exhibit "B"
REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This is a Revocable License Agreement by and between the City of Georgetown, a Texas
home -rule municipal corporation (hereinafter referred to as "LICENSOR"), and Horizontal
Westinghouse Investors, LLC, a Texas limited liability company, whose address is 3915 East
Broadway Boulevard, 1s' Floor, Tucson, Arizona 85711 (hereinafter referred to as "LICENSEE").
LICENSOR hereby grants a license to the said LICENSEE to permit the encroachment of private
stormwater drainage facilities and infrastructure, including headwalls, endwalls, and outfall
structures, into the right of way of Mays Street, a City of Georgetown Access & Utility Easement,
and a City of Georgetown Wastewater Easement, as shown on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes (hereinafter referred to as Licensed Area),
owned and occupied by the City of Georgetown, Williamson County, Texas, but such improvements
shall at all times not be in contact with any electric, water, sewer, or other utility, or equipment, or
interfere in any way with such utility, improvements and other property, and subject to the following
terms and conditions:
Neither the granting of the license, nor any related permit, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above -
described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of
this license that LICENSEE neither asserts nor claims any interest or right of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's easement.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to
indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of
action, and cost, including attorneys' fees, and including any acts or omissions of the LICENSOR,
its officers, agents, and employees, which may grow out of or be attributable to the granting by the
LICENSOR of said license and any supplemental license which may hereafter be issued in
connection herewith including any inspections which may be conducted in connection with or
pursuant to said license or any supplemental license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject property to
as good a condition as existed prior to construction of the improvements which are the subject of
this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or
facilities which may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of
Ordinances.
A. If an inspection reveals that any part of the structure or facility or other aspect of the
Licensed Area does not comply with applicable terms and provisions of the City Code of
Ordinances, the owner of the structure or facility shall be notified and required to make such
repairs as are necessary in order to comply with the applicable terms and provisions of the
City Code of Ordinances. If any Licensee fails and refuses to allow the Director, or his
designee, to come upon or enter the Licensed Area for the purpose of making an
inspection, he may be prosecuted under the terms of Chapter 12.09 of the Code of
Mays Street
2021-7-LIC, Bourn -Horizontal Westinghouse Page1olS
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Ordinances, and the Director may revoke the revocable license for the Licensed Area, and
such action shall be final.
B. The City shall have the right at any and all times upon 180 days written notice to the
Licensee, its representatives, successors or assigns, to take possession of and use all or
any part of the Licensed Area in the event that such use be reasonably desired or needed
by the City for street, sewer, transportation or any other public or municipal use or purpose,
and in such event, the City shall have the right to cancel the revocable license as to that
portion of the Licensed Area so designated and required by the City.
C. The Licensee shall have the right at any time upon 180 days written notice to the City, to
relinquish the use and possession of all or any part of the Licensed Area as it may so
determine and to cancel said revocable license as to that part so relinquished.
D. Upon the lawful termination of a revocable license issued hereunder, in whatsoever manner
such termination may be made, Licensee, assigns, successors and representatives, bind
and obligate themselves to restore the Licensed Area to the original condition as it existed
prior to any construction, or to fulfill any other reasonable conditions for the restoration of
the Licensed Area which may be acceptable to the City, and should the Licensee, assigns,
successors, or representatives fail or refuse to do so within 90 days after such termination
then in that event the City may do or have done the work necessary for such purpose at the
sole cost, risk, liability and expense of Licensee, their assigns, successors and
representatives.
E. Upon written consent of the City, acting by and through the Director, the Licensee may,
at his sole cost, risk liability and expense including public liability and property damage
insurance in the amounts specified in Subsection 12.09.030 DA. of Code of Ordinances,
remove, reroute, reconstruct, lower or raise any existing utility lines, public or private sewer
lines, water lines, including storm sewers, pipes or conduits presently located within a public
street, roadway, sidewalk or easement or the City's right-of-way, provided that before
changing or interfering with any such utility lines as described aforesaid, the Licensee shall
notify the respective utility companies and the City, owning or operating the aforesaid utility
lines, concerning any and all changes, modifications, rerouting of or any interference
whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes,
modifications, rerouting or interference with the aforesaid utility lines, pipes or conduits shall
be done under the direction of the representatives of the respective utility companies or the
City, as the case may be.
F. After the completion of any construction within a Licensed Area under the terms of a
revocable license granted hereunder, should the City desire to lay or construct its utility
lines, including sewer lines, water lines, or any other pipes, or conduits under, across, or
along said streets within its right-of-way, any and all additional cost for the laying or
construction of the aforesaid utility lines, including pipes and conduits, within said street or
right-of-way, which may occur by reason of the existence of said construction, shall be paid
to the City by the said Licensee, his assigns, successors and representatives.
G. Solely as between the City and the Licensee, and not for the benefit of any other person,
the Licensee, by acceptance of such revocable license, hereby waives any claim he, or
any heirs, successors or assigns might have for damages for loss of lateral support to any
other improvements hereby contemplated which loss of lateral support might be occasioned
Mays Street
2021-7-LIC, Bourn -Horizontal Westinghouse Page2d6
CoG Map Quad M-48
by any improvements which the City, its assigns, grantees, or licensees might install or
construct.
H. The Licensee, or his successors, assigns, or representatives, by the acceptance of such
revocable license, agree, obligate and bind himself or itself to indemnify and does hereby
indemnify and hold and save forever harmless solely the City, any of its agencies, and any
person, from all liability, cost or damage on account of Licensee's use, occupancy and
maintenance of any part of a public street, roadway, sidewalk or easement or the City's
right-of-way and the structures and facilities therein, including by way of example, but not by
way of limitation, any buildings, piers, fences, pools, walls, patios, decks basements, etc.
constructed on the surface or the subsurface of any public street or right-of-way. This
indemnity shall continue in force and effect during the existence of any revocable licenses
issued under the provisions of this Chapter.
I. No transfer or assignment of any revocable license granted under the terms and provisions
of this Chapter shall be effective unless and until:
1. The Licensee has, in writing, advised the Director of the name and mailing address of
the transferee or assignee; and
2. The transferee or assignee has furnished the Director its written agreement to assume
and perform all of the duties, covenants and obligations of the revocable license;
and, thereupon, each provision of the revocable license shall be binding upon, and inure
to the benefit of, the transferee or assignee of the Licensee.
The breach or violation of any one of the terms, provisions, or conditions set forth in this
Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of the
revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances.
Any such cancellation and forfeiture may be exercised upon 20 days written notice by the
City to the Licensee, a representative or successor, unless, at the expiration of such time,
any such violation or breach has ceased or the Licensee is proceeding with all diligence and
good faith to remedy any such violation or breach and thereafter continues without delay
with such remedial work or correction until such violation or breach has been completely
remedied, and, any person violating any of the provisions of this Chapter may be
prosecuted as provided in Chapter 12.09 of the Code of Ordinances.
If any person or the owner of land abutting a public street, roadway, sidewalk or easement
or the City's right-of-way reveals by his application for a building permit or other
authorization of the City that any new, remodeling or renovating construction is desired to be
made within any part of a public street, roadway, sidewalk or easement or the City's right-of-
way, the requested revocable license will be reviewed for compliance with the terms and
provisions of Chapter 12.09 of the Code of Ordinances, and in addition, be subject to the
following conditions:
1. The proposed use of a public street, roadway, sidewalk or easement or the City's right-
of-way by any person or the abutting land owner shall not interfere with the City's lawful
use thereof.
2. The proposed construction within a public street, roadway, sidewalk or easement or the
City's right-of-way shall be in accordance with the City's Construction Standards, Unified
Development Code, and any other applicable ordinances and regulations.
Mays Street
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K. At all times during the construction and building of any structure within a public street,
roadway, sidewalk or easement or the City's right-of-way:
1. The street or highway shall be kept open for vehicular and pedestrian traffic in a
reasonable manner and no obstruction of the sidewalks shall be allowed in such a way
as to prevent the use thereof by pedestrians;
2. Dirt and other material removed from the building and construction of any such structure
within a public street, roadway, sidewalk or easement or the City's right-of-way shall not
be allowed to remain on the street or sidewalk, but all such dirt and other materials shall
be removed immediately at the sole cost, risk, liability and expense of Licensee;
3. All excavations and obstructions of any kind where allowed during the period of
Licensee's construction, shall be properly barricaded, and well illuminated during the
night time, all subject to the approval of the Building Official.
L. After the completion of the construction within a Licensed Area, the Licensee shall at his
own cost and expense replace any sidewalks and surface of any streets that were damaged
or removed in the construction of any structures or facilities in a condition equally as good
as they were immediately prior to the time of excavation or construction, and all of such
sidewalks and streets shall be maintained in a good and useable condition for one year after
said sidewalks or streets have been replaced, all subject to the approval of the Director. All
damage, if any, to said sidewalks and streets caused by the construction, use, maintenance
and operation by Licensee shall be repaired by and at the cost and expense of the
Licensee. In the event Licensee fails or refuses to proceed with diligence with the
performance of any work in connection with the replacement, rebuilding or resurfacing of
streets and sidewalks within 30 days after receiving written notice from the Director, the City
may do such work or cause same to be done, all at the sole risk, cost, liability and expense
of Licensee.
M. The Licensee, or his successors, assigns or representatives agree, obligate and bind
himself or itself to indemnify and does hereby indemnify and hold and save forever harmless
the City, from all liability, cost or damage on account of the construction within a public
street, roadway, sidewalk or easement or the City's right-of-way, or on account of using,
occupying, preparing, maintaining and operating any such improvements therein.
This license shall expire automatically upon removal of the improvements located upon the
property pursuant to this license.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE,
as indicated by the signature of LICENSEE and the approval thereof by the City.
The license shall be filed of record in the Official Records of Williamson County, Texas.
[Acknowledgement and Signatures appears on the next page.]
Mays Street
2021-7-LIC, Bourn -Horizontal Westinghouse
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SIGNED and Agreed to on this day of
LICENSOR:
CITY OF GEORGETOWN
By:
, 2021
LICENSEE: Horizontal Westinghouse
Investors, LLC, a Texas limited liability
company
By: Horizontal Westinghouse
Manager, LLC, an Arizona limited
liability company, Manager
By
Sofia Nelson, Director,
Planning Department Print:
Title:
By: Bourn Properties, LLC an
Arizona limited liability company,
Member
Mays Street
2021-7-LIC, Bourn -Horizontal Westinghouse Page5d6
CoG Map Quad M-48
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of
2021, by Sofia Nelson in her official capacity as Director of the Planning Department for the City of
Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF T
ACKNOWLEDGMENT
COUNTY OF
This instrument was acknowledged before me on the day of , 2021, by
as of Bourn Properties, LLC an Arizona
limited liability company, Member of Horizontal Westinghouse Manager, LLC, an Arizona limited
liability company, Manager of Horizontal Westinghouse Investors, LLC, a Texas limited
liability company, on behalf of said company.
Notary Public, State of Texas
APPROVED AS TO FORM.
City Attorney
Mays Street
2021-7-LIC, Bourn -Horizontal Westinghouse
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