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HomeMy WebLinkAboutRES 051022-O - Novak Wastewater EasementRESOLUTION NO. 0510 ZZ - t) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING ACCEPTANCE OF A 0.564-ACRE WASTEWATER EASEMENT IN THE JOSEPH P. PULSIVER SURVEY, ABSTRACT NO. 498, FROM WOLF LAKES, LP WHEREAS, Wolf Lakes, LP ("Wolf Lakes") is developing 164 acres at the northwest corner of I-35 and SH-29 into a "large-scale mixed -use and commercial development, with an emphasis on urban character and building form," known as Wolf Lakes Village, which "seeks to combine the best of modern amenities with the charm of an old-world village"; and WHEREAS, at the far north end of the development, along Wolf Ranch Parkway, Wolf Lakes is partnering with Novak to develop a 301-unit apartment complex, and plat and site plan applications are pending; and WHEREAS, in order to connect to the City's wastewater system, Wolf Lakes must construct an 8-inch wastewater line across the Property to the existing facilities within the Wolf Ranch Parkway right-of-way and is electing to grant the City the associated wastewater easement by separate instrument, rather than by plat; and WHEREAS, the proposed easement agreement would authorize Wolf Lakes or Novak to build surface improvements within the easement area in accordance with the approved site plan, in lieu of applying for a license to encroach, and limits the warranty of title; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the easement with these modified terms; 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. Upon satisfaction of any outstanding title matters, City Staff is hereby authorized to accept the conveyance of a Wastewater Easement from Wolf Lakes to the City in a form substantially similar to the Wastewater Easement agreement attached hereto Resolution No. 051 D L1, - b Description: Acceptance of Wolf Lakes Novak Wastewater Easement Date Approved: t4cuA[� Z Page 1 of 2 as Exhibit A and incorporated herein, and to maintain the facilities within the Easement Area upon their completion and acceptance. SECTION 3. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall be effective immediately upon adoption and execution by the Mayor. PASSED AND APPROVED on this � day of , 2022. CITY OF GEOMETOWN ATTEST: Schroeder, Mayx---- Robyn DensViore, City Secretary APPROVED AS TO FORM: kye Nfasson, ity Attorney Resolution No. 05 1 LOZZ — 0 _ Description: Acceptance of Wolf Lakes Novak Wastewater Easement DateApproved: Page 2 of 2 EXHIBIT A WASTEWATER EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: This Wastewater Easement Agreement (this "Agreement") is made on the day of , 2022, at Georgetown, Texas, between Wolf Lakes, LP, a Texas limited partnership, whose address is 4229 Mercer Road, Georgetown, Texas 78628 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of wastewater lines and related facilities (collectively, the "Facilities") 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, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (the "Property"). 2. The 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. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Property; and (3) the right to remove from the Property all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person GEORGETOWN WASTEWATER EASEMENT Page I of 4 lawfully claiming or to claim all or any part thereof, when by, through, or under Grantor, but not otherwise. 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. Notwithstanding the foregoing, Grantor and Grantor's successors and assign reserve the right to construct driveways, roadways, curbing, gutters, sidewalks, landscaping, irrigation, and utilities, including water, wastewater, gas, telecommunications, and electrical lines, subject to and as shown in Site Development Plan 2022-4-SDP approved by the City of Georgetown and generally as depicted in Exhibit C attached to this Agreement and by this reference incorporated within it (collectively, the "Grantor Improvements"), across the Property subject only to the following requirements: 1) the construction, placement, maintenance, inspection, operation, repair, alteration, replacement, and/or removal of the Grantor Improvements shall not materially interfere with Grantee's rights herein; 2) all improvements shall be installed in accordance with applicable sections of the City of Georgetown Municipal and Unified Development Codes, as modified by Ordinance 2018-80 (establishing the Wolf Lakes Planned Unit Development) and any amendments thereto; and 3) any subsurface Grantor Improvements shall cross this Easement at angles of not less than forty-five (45) degrees. With regard to any future easement, license, or conflicting right to use the area (or any portion thereof) covered by this grant that are not contemplated by the Grantor Improvements, Grantor and Grantor's successors and assigns shall first obtain from Grantee a License to Encroach pursuant to the City of Georgetown Code of Ordinances and the City of Georgetown Unified Development Code (both as may be amended from time to time). Grantor and Grantor's successors and assigns hereby Release and HOLD GRANTEE HARMLESS from any responsibility and liability to repair, replace, maintain, or compensate Grantor and Grantor's successors and assigns for damages to Grantor Improvements within the Property incidental to Grantee's exercise of its rights and privileges granted herein, but this Release does not apply to damages to Grantor Improvements caused by Grantee's willful misconduct or damage to Grantor's property outside the Property. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement 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 of this Agreement shall be binding upon Grantor and Grantor's heirs, 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. [Signature pages to follow] GEORGETOWN WASTEWATER EASEMENT Page 2 of 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on the dates set forth herein. GRANTOR: Wolf Lakes, LP, a Texas limited partnership By: Wolf Lakes GP, LLC, a Texas limited liability company, its general partner Iva Wolf McLachlan Member STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 2022, by Iva Wolf McLachlan, Member of Wolf Lakes GP, LLC, a Texas limited liability company and the general partner of Wolf Lakes, LP, a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas GEORGETOWN WASTEWATER EASEMENT Page 3 of 4 GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation M. STATE OF TEXAS § COUNTY OF WILLIAMSON § David Morgan City Manager This instrument was acknowledged before me on this the day of by David Morgan, City Manager of City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: James Kachelmeyer, Assistant City Attorney AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Real Estate Services P.O. Box 409 Georgetown, Texas 78627 GEORGETOWN WASTEWATER EASEMENT Page 4 of 4 EXHIBIT A rdPAPE-DAWSGN ENGINEERS FIELD NOTES FOR A 0.564 ACRE, OR 24,588 SQUARE FOOT, TRACT OF LAND SITUATED IN THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF THE REMNANT PORTION OF A CALLED 202.149 ACRE TRACT, CONVEYED TO WOLF LAKES, LP, IN INSTRUMENT RECORDED IN DOCUMENT NO. 2013096286 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.564 ACRE TRACT BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2O10.00. COMMENCING at an iron rod with cap marked "UDC 2433" found, on a point in the east right-of-way line of Wolf Ranch Parkway, A variable width right-of-way, recorded in Document No. 2005082790 of said Official Public Records, said point being the common west corner of Lot 1, Block C, The Rivery Phase One, a subdivision according to the plat recorded in Cabinet X, Slide 193, of the Plat Records of Williamson County, Texas and the Remnant Portion of said 202.149 acre tract; THENCE S 68°57'49" W, departing the south boundary line of said Lot 1, with the east right-of-way line of said Wolf Ranch Parkway, same being the west boundary line of the Remnant Portion of said 202.149 acre tract, a distance of 28.46 feet to a calculated point for the northeast corner and POINT OF BEGINNING hereof; THENCE, departingthe east right-of-way line of said Wolf Ranch Parkway, thorough the interior of the Remnant Portion of said 202.149 acre tract, the following twenty one (21) courses and distances; 1. S 21°01'25" E, a distance of 44.00 feet to a calculated angle point hereof, 2. S 68°57'49" W, a distance of 89.05 feet to a calculated angle point hereof, 3. S 21*06'34" E, a distance of 83.83 feet to a calculated angle point hereof, 4. S 68°53'26" W, a distance of 391.50 feet to a calculated angle point hereof, 5. S 23°53'26" W, a distance of 100.00 feet to a calculated angle point hereof, 6. S 68°53'26" W, a distance of 169.81 feet to a calculated angle point hereof, 7. S 05055'43" W, a distance of 187.95 feet to a calculated angle point hereof, 8. S 53°38'31" W, a distance of 102.74 feet to a calculated angle point hereof, 9. S 19°54'40" E, a distance of 52.70 feet to a calculated angle point hereof, Transportation I Water Resources I Land Development I Surveying I Environmental telephone: 512-454-8711 address: 10801 NORTH MOPAC EXPRESSWAY, BUILDING 3 - SUITE 200 AUSTIN, TX 78759 website: PAPE-DAWSON.COM Austin I San Antonio I Houston I Fort Worth I Dallas Texas Engineering Firm #470 Texas Surveying Firm #10028801 0.564 Acres Job No. 51119-01 Page 2 of 2 10. S 67-55-38" W, a distance of 27.84 feet to a calculated point of non -tangent curvature for the southeast corner hereof, 11. along the arc of a curve to the right, having a radius of 493.00 feet, a central angle of 02°19'53", a chord bearing and distance of N 26°29'44" W, 20.06 feet, an arc length of 20.06 feet to calculated point of non -tangency, for the southwest corner hereof, from which a %:" iron rod with yellow cap marked "Pape -Dawson" found, for the common north corner of Lot 1 & 2, Block A, Wolf Lakes Village, Section 1, Phases 1 & 2, a subdivision according to the plat recorded in Document No. 2021171737 of said Official Public Records, bears S 67°55'38" W, 64.09 feet, 12. N 67°55'38" E, a distance of 10.13 feet to a calculated angle point hereof, 13. N 19°54'40" W, a distance of 48.39 feet to a calculated angle point hereof, 14. N 53-38-31" E, a distance of 108.85 feet to a calculated angle point hereof, 15. N 05°55'43" E, a distance of 191.35 feet to a calculated angle point hereof, 16. N 68°53'26" E, a distance of 173.77 feet to a calculated angle point hereof, 17. N 23°53'26" E, a distance of 100.00 feet to a calculated angle point hereof, 18. N 68-53-26" E, a distance of 379.78 feet to a calculated angle point hereof, 19. N 21°06'34" W, a distance of 83.86 feet to a calculated angle point hereof, 20. N 68°57'49" E, a distance of 89.08 feet to a calculated angle point hereof, and 21. N 21-01-25" W, a distance of 24.00 feet to a calculated point in the east right-of-way line of said Wolf Ranch Parkway, same being the west boundary line of the Remnant Portion of said 202.149 acre tract, for the northwest corner hereof; THENCE N 68057'49" E, with the east right-of-way line of said Wolf Ranch Parkway, same being the west boundary line of the Remnant Portion of said 202.149 acre tract, a distance of 20.00 feet to the POINT OF BEGINNING, and containing 0.564 acres in Williamson County, Texas. Said tract being described in accordance with a survey made on the ground and a survey map prepared by Pape -Dawson Engineers, Inc. under Job No. 51119-01. PREPARED BY: Pape -Dawson Engineers, Inc. Ttr DATE: December 16, 2021 (.U.,% Job No.: 51119-01.....�!.. DOC. ID. H:\Survey\CIVIL\51119-01\Word\FN-5111901_0.564Ac_WWE.docx •. 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