HomeMy WebLinkAboutAgenda CC 04.13.2004Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, April 13, 2004
The Georgetown City Council will meet on Tuesday, April 13, 2004 at 06:00:00 PM at the City Council
Chambers, 101 E. 7th Street, 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 and made available for broadcast
by the local cable company.
Regular Session to convene and continue Executive Session, if necessary
A Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Brazos River Authority regarding Operations and Maintenance of the S011house Raw Water Pipeline
- Property Acquisition and Possible Condemnation Actions related to the Widening of SH29
- Legal Advice Regarding Agenda Items and other Matters
- Legal Issues Regarding Tax Freeze and Tax Exemption Issues
- Legal Issues Regarding Proposed Sale of Del Webb/Pulte "Northern Lands"
B Sec.551.072 Deliberation on Real Property
- Discussion and possible action regarding acquisition of property for downtown parking and city facilities
C Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Potential abatements and incentives for prospective new businesses
Regular Session - To begin no earlier than 6:00 P.M.
(The City Council for the City of Georgetown reserves the right to adjourn into Executive Session at any time during the course of
this meeting to discuss any of the matters listed below, as authorized by Texas Government Code Sections 551.071: Consultations
with Attorney, 551.072: Deliberations about Real Property, 551.073: Deliberations about Gifts and Donations, 551.074: Personnel
Matters, 551.076: Deliberations about Security Devices, 551.086: Certain Public Power Utilities: Competitive Matters, and Section
551.087: Deliberations Regarding Economic Development Negotiations)
D Call to Order
E Pledge of Allegiance
F Comments from the dais regarding the following items:
- Welcome to Audience and Opening Comments — Mayor Gary Nelon
G Announcements and Comments from City Manager
- Carl Miller, CVB Tourism Coordinator, and Lucas Adams, Graphic Designer, regarding promotion of the
Red Poppy Festival on April 24 & 25
H Public Wishing to Address Council
Janet Krall regarding a "tentative" skate board park across the street from her house.
Paul Nuckolls regarding Candle Factory exit and directional signs.
Steve W. Wilson regarding wastewater effluent discharge into the South San Gabriel River.
I Action from Executive Session
Statutory Consent Agenda
City Council Agenda/April 13, 2004
Page 1 of 4 Pages
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, March 22,
and the Regular City Council Meeting of Tuesday, March 23, 2004 -- Sandra Lee, City Secretary
K Consideration and possible action to amend Article IV. Meetings, Section 4.1, Georgetown Airport
Advisory Board By -Laws to change the regular monthly Board meeting from the 4th Monday to the 3rd
Monday of each month and from the conference room of the Georgetown Library to the training room of the
Fire Station No. 4 — Tim Sullivan, Member of the Airport Advisory Board, Mark Dietz, Chair of the Airport
Advisory Board, Travis McLain, Airport Manager, and Tom Yantis, Assistant City Manager
Consideration and possible action to approve a resolution acknowledging receipt of a petition for
establishment of the Wolf Ranch Public Improvement District (PID) No. 1, setting a date for public
hearing and directing publication of public hearing notice — Micki Rundell, Director of Finance and
Administration
MPConsideration and possible action to approve a contract between Sprint Spectrum LLP and the City of
Georgetown for the lease of space on the James Street Elevated Storage Tank and site for cellular
antennas and related equipment for revenue of $14,400 per year -- Glenn Dishong, Water Services
Manager and Jimm Briggs, Assistant City Manager for Utility Operations
N Consideration and possible action on an award of bid for PVC pipe and fittings to various bidders in the
estimated amount of $48,526.00 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
O Consideration and possible action for the award of the annual bid for janitorial supplies to various
bidders in the estimated amount of $21,450.00 -- Terry Jones, Purchasing Director and Micki Rundell,
Director of Finance and Administration
P Consideration of authorization for Eric Lashley, Director of the Georgetown Public Library, to sign a transfer
agreement between the Georgetown Independent School District (GISD) and the City of Georgetown,
providing for the transfer of ownership of twenty laptop computers, software, and related equipment to
the City for use in the Georgetown Public Library — Eric Lashley, Library Director and Paul Brandenburg,
City Manager
Q Considereation and possible action to authorize the purchase of Chameleon Software for Animal
Services in the amount of $25,599 — Ken Finn, Animal Services Manager and David Morgan, Chief of
Police
R Consideration and possible action regarding the recommendation by the Convention and Visitors'
Bureau Board for the approval of an allocation of $1912.00 to the Downtown Georgetown Association for
their Permanent Billboard Advertisement and $500 for their 2004 Shopping & Services Guide in Hotel
Occupancy Tax (HOT) funds -- Shelly Hargrove, Shelly Hargrove, Tourism Director and Main Street
Coordinator and Paul Brandenburg, City Manager
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
S Consideration and possible action to authorize the execution of an agreement and lease with the Texas
Parks and Recreation Foundation to continue holding 19.776 acres of land in trust for the City for future
use as parkland -- Jim Briggs, Assistant City Manager for Utility Operations
T Consideration and possible action to authorize the lease of a portion of the City's Pecan Branch
Wastewater Treatment Plant site, and the sublease of the adjacent 19.776 -acre parkland tract currently
leased by the City from the Texas Parks and Recreation Foundation, to Pope Materials, Inc. — Jim Briggs,
Assistant City Manager for Utility Operations
Consideration and possible action to allow Don Hewlett Chevrolet Oldsmobile Buick Inc. to assume
City Council Agenda/April 13, 2004
Page 2 of 4 Pages
ownership and Maintenance of the regional detention and water quality pond located on Lot 5 in Midway
Business Park -- Mark Miller, Transportation Service and Jim Briggs, Assistant City Manager for Utility
Operations
V Consideration and possible action to enter into a TxDOT Road Closure Agreement to close down Austin
Avenue between 2nd and 12th streets from 7 a.m. till 11 p.m. for the Red Poppy Festival on Saturday,
April 24 — Liz Atherton, Main Street Advisory Board and Red Poppy Committee Co -Chair; Shelly Hargrove,
Tourism Director and Main Street Coordinator; and Paul Brandenburg, City Manager
W Consideration and possible action to clarify the scope of work for a Marketing/Branding/Promotion
Program, originally presented to the City Council at its October 27, 2003 Meeting by the Main Street
Advisory Board, with a program budget not to exceed $44,000, from appropriated funds for Downtown
Master Plan implementation projects for fiscal year 2003-04 -- Bryant Boyd, Main Street Advisory Board
Chair and Shelly Hargrove, Tourism Director and Main Street Coordinator
X Consideration and possible action to accept and approve the F.A.R. Part 150 Noise Compatibility Study
TravisMcLain, Airport Manager and Tom Yantis, Assistant City Manager
Y Consideration and possible action to approve an amendment to the Contract between the City of
Georgetown and Camp Dresser & McKee Inc. (CDM) for the design of the TASUS Access Road — Mark
Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Z Consideration and possible action to review, amend, and accept the proposed program/project list to
be used in the priority ranking process for the 2004/05 budget -- Micki Rundell, Director of Finance and
Administration and Tom Yantis, Assistant City Manager
AA Report on suggested Homestead Tax Exemption pertaining to all adults, not just persons age 65 or
older or disabled — Micki Rundell, Director of Finance and Administration
BB First Readings
1. First Reading of an ordinance amending Ordinance 2004-05 which amends Chapter 10.16 of the
Code of Ordinances regarding a Downtown Parking Zone — Tom Yantis, Assistant City Manager
2. First Reading of an ordinance providing for the annexation into the City of 3.11 acres, more or
less, in the Joseph P. Pulsifer Survey, located at 1310 Country Club Road — Ed Polasek, Chief
Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services
3. First Reading of an ordinance providing for the annexation into the City of 9.01 acres, more of
less, in the John Powell Survey, which are Lots 1 and 2, Kelley Trust Phase 4-A— Ed Polasek,
Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development
Services
4. First Reading of an ordinance providing for the annexation into the City of 57.141 acres, more or
less, in the John Pulsifer Survey, located north of River Chase Subdivision, which is River Chase
II — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and
Development Services
5. First Reading of an ordinance providing for the annexation into the City of 30.42 acres, more or
less, in the Burrell Eaves Survey, North of Texas Drive, for Sun City Neighborhoods 248-2 and
40 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and
Development Services
6. Discussion and possible action on first reading of an ordinance amending Ordinance No.
2004-16 regarding the residence homestead tax exemptions for persons aged 65 and older and
for disabled persons -- Gabe Sensing, Councilmember for District 2
7. First Reading of an ordinance amending Ordinance 2004-16, Section 4.16.070 of the Code of
Ordinances, pertaining to the reinstatement of sunsetted homestead tax exemption
provisions if an election on a "tax freeze" fails — Gabe Sensing, Councilmember for District 2 and
Doug Smith, Councilmember for District 3
City Council Agenda/April 13, 2004
Page 3 of 4 Pages
CC Second Readings
1. Second Reading of an Ordinance rezoning Crestview Addition, Unit 1, Block 2, Lot 1, from RS,
Residential Single Family to OF, Office District located at 1602 Williams Drive -- Bobby Ray, Chief
Development Planner & Amelia Sondgeroth, Director of Planning and Development Services
2. Second Reading of an Ordinance Amending Sections 3.13.010(B & D), 4.04.030(G), and 16.05
and Adding New Sections 3.13.010(E & F), 3.13.040(E), and Adding New Section 4.10 of the
Unified Development Code (UDC) pertaining to the Old Town Overlay District -- Quana Childs,
City Architect, and Amelia Sondgeroth, Director of Planning and Development Services
3. Second Reading of an ordinance to declare unopposed candidates Doug Smith for City Council
District 3 and Henry Can for City Council District 4 elected to office, and to cancel the May 15,
2004 election for Councilmember Districts 3 and 4 due to no opposition, if no candidate files for
write-in candidacy before the deadline / Consideracion y posibiledad accion de pasar una
ordinance para declarar sin oposed canidates Doug Smith para ciduad council districa 3 y Henry
Carr para ciduad council districa 4 electidad de oficina, y para canceler la elecion del 15 dia de
Mayo 2004 del council districas 3 y 4. Si ningun canidate jusga estas pociciones en forma de
escritura antes de la expariacion — Sandra Lee, City Secretary and Trish Carls, City Attorney
DD Consideration and possible action on a proposal to adopt the 2003-2004 guidelines for providing grants to
social service organizations as guidelines for 2004-2005 -- Councilmember Farley Snell
EE Consideration and possible action to appoint Rick Smith as Chair of the Economic Development
Commission to replace Henry Can who is to be elected as District 4 Councilmember -- Mayor Gary Nelon
Certificate of
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, a place readily accessible to the general public at all
times, on the day of , 2004, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/April 13, 2004
Page 4 of 4 Pages
Council Meeting Date: April 13, 2004 Item No.
AGENDA ITEM COVER SHEET
SUBJECT -
Consideration and possible action to approve a contract between Sprint Spectrum
LLP and the City of Georgetown for the lease of space on the James Street
Elevated Storage Tank and site for cellular antennas and related equipment for
$14,400 per year.
Representatives for Sprint Spectrum, LLC approached the City in September
2003 to lease space on the City's James Street Elevated Storage Tank. The City
is currently leasing space at this same site to Nextel Communications. Sprint
is proposing the installation of 3 antenna arrays consisting of 3 antennas each
to be mounted on the catwalk railing on the outside of the water tank.
Sprint was required to perform a structural assessment and an interference
study to ensure that the antennas could be supported by the tower railing and
that the antennas would not interfere with the operation of the existing Nextel
equipment. The results of the studies indicate that the railings will support
the antenna loading and that no interference with Nextel is expected
The terms of the agreement require a one time payment of $500 after
construction begins and a monthly payment of $1,200 thereafter for an initial
term of 5 years. Sprint has the right to extend the contract for four (4)
additional terms of five (5) years each with the lease price to be escalated by
15& for each succeeding term.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Increase in Annual Revenue to the Water Fund of $14,400.00
STABF RECOMMENDATION:
Staff recommends approval of the contract between Sprint Spectrum LLP and
the City of Georgetown.
GUS BOARD RECOMMENDATION:
N/A
COMMENTS:
None
ATTACHMENTS:
Proposed
Submitted By: Ji riPn
J� Glenn W. Dishong /
sis UJ Manager Water Services Manager
For
SITE AGREEMENT SITE AGREEMENT
She Name: Georgetown WT SSLP Site ID R: AU60XC695
Premises and Use. Owner leases to SPRINT
—eECTRUM L.P., a Delaware limited partnership
iSLP") land consisting of approximately 270 square feet
on which SSLP will construct its base station equipment
and Water Tank space between the too foot and t10 foot level
on the railing of the Water Tank catwalk for attachment of 9
antennas as well as space required for cable runs to connect
its equipment and antennas in the location(s) shown on
Exhibit A. attached hereto, together with non-exclusive
easements for reasonable access thereto, for placement of an
underground grounding system, and for access to the
appropriate source of electric and telephone facilities, in the
discretion of SSLP (the 'Site"). The Site will be used by SSLP
for the purpose of installing, removing, replacing, modifying,
maintaining and operating, at its expense, communications
service facilities, including, without limitation, antenna and
base station equipment, cable, wiring, back-up power sources
(including generators and fuel storage tanks), related fixtures
and, if applicable to the Site, an antenna support structure
(the 'Facilities"). SSLP will use the Site in a manner which
Will not unreasonably disturb the occupancy of Owner's other
tenants, if. any. SSLP will have unrestricted access to the Site
24 hours per day, 7 days per week.
2. Term. The term of this Agreement (the "Initial Term) is
5 years, commencing on the date that both Owner and SSLP
have executed this Agreement ("Lease Commencement Date").
This Agreement will be automatically renewed for 4 additional
terms of 5 years each (each a "Renewal Term'), unless SSLP
provides Owner with notice of its intention not to renew not
less than 90 days prior to the expiration of the Initial Term or
any Renewal Term. Upon termination of this Agreement on or
before the date which is 25 years from the Lease
rommeneement Date, except in cases where this Agreement is
ninated due to Owner's failure of proper ownership or
.hority or other default by Owner, or SSLP's failure to
-blain or maintain any necessary federal state or local
wernment permits or approvals, including third party
pprovals, SSLP will pay to Owner a termination fee in the
amount of $10,000.00.
3. Rent. Until the date which is 6o days after the issuance of
a building permit, or if no building permit is required, the
date that is 6o days after the date SSLP commences
installation of the Facilities at the Site ('Rent Commencement
Date), rent will be a one-time aggregate payment of $Soo.00,
the receipt of which Owner acknowledges. Thereafter, rent
will be paid in advance in equal monthly installments of
$1,200.00 (until increased as set forth herein), partial months
to be prorated. Rent for each Renewal Term will be increased
on the anniversary of the Lease Commencement Date to an
amount equal to 115% of the rental rate in effect for the prior
Term.
4. Title and Quiet Possession. Owner represents and
warrants to SSLP and further agrees that: (a) it is the owner of
the Site; (b) it has the right to enter into this Agreement; (c)
the person signing this Agreement has the authority to sign;
(d) SSLP is entitled to access the Site at all times and to the
quiet possession of the Site throughout the Initial Term and
each Renewal Term so long as SSLP is not in default beyond
the expiration of any cure period; and (e) Owner will not have
unsupervised access to SSLP's base station Equipment. Owner
has full access to their water tank at all times.
S. Assignment/Subletting. SSLP will not assign or transfer
this Agreement or sublet all or any portion of the Site without
the prior written consent of Owner, which consent will not be
unreasonably withheld, conditioned or delayed: provided,
'wever, that SSLP will have the right, without notice to or
sent of Owner, to sublease the Site or assign its rights
_..der this Agreement in whole or in part to: (a) any entity
ontrolling, ,controlled by or under common control with
;SLP; (b) any entity acquiring substantially all of the assets of
Law Dept PC Docs 77251 v2
Revised 7/03 de
SSLP; or (c) any entity that is authorized by SSLP to sell
telecommunications products or services under the 'Sprint
PCS" or 'Sprint" brand name or any successor brand name(s)
("Contract Affiliate").
6. Notices. All notices must be in writing and are effective
only when deposited in the U.S. mail, certified and postage
prepaid, or when sent via overnight delivery. Notices to SSLP
are to be sent to: Sprint National Lease Management, 6391
Sprint Parkway, Mailstop KSOPHT0101-Z265o, Overland
Park, Kansas 66251-2650, with a copy to: Sprint Law
Department, 6391 Sprint Parkway, Mailstop KSOPHToto1-
Z2020, Overland Park, Kansas 66251-2020, Attn.: SSLP Real
Estate Attorney. Notices to Owner must be sent to the address
shown underneath Owner's signature.
7. Improvements. SSLP may, at its expense, install three
antenna arrays with each array having three antennas, for the
operation of the Facilities. SSLP must obtain written consent
of Owner for any material modifications and any additional
arrays or antennas which shall not be unreasonably withheld,
conditioned or delayed. Improvements not allowed are as
follows: (a) no new tower installation (b) no improvement
shall exceed the height of the Water Tank. Owner agrees to
cooperate with SSLP with respect to obtaining any required
zoning or other governmental approvals for the Site and the
Facilities. Upon termination or expiration of this Agreement,
SSLP shall remove the Facilities and will restore the Site to
the condition existing on the Lease Commencement Date,
except for ordinary wear and tear and casualty loss.
8. Compliance with Laws. Owner represents and warrants
to SSLP that Owner's property (including the Site), and all
improvements located thereon, are in substantial compliance
with building, life/safety, disability and other laws, codes and
regulations of applicable governmental authorities. SSLP will
substantially comply with all applicable laws relating to its
possession and use of the Site.
9. Interference. SSLP will resolve technical interference
problems, and shall not interfere in any way with the Nextel
equipment currently located at the Site on the Lease
Commencement Date or any equipment that becomes attached
to the Site at any future date when SSLP desires to add
additional equipment to the Site. Likewise, Owner will not
permit or suffer the installation of any equipment after the
Lease Commencement Date that: (a) results in technical
interference problems with the Facilities; or (b) encroaches
onto the Site.
to. Utilities. Owner represents and warrants to SSLP that
all utilities adequate for SSLP's use of the Site are available at
or near the Site. SSLP will pay for all utilities used by it at the
Site. Owner will cooperate with SSLP in SSLP's efforts to
obtain utilities from any location provided by Owner or the
servicing utility, including signing any easement(s) or other
instrument(s) reasonably required by the utility company. If
there is a loss of electrical service at the Site, SSLP may, at its
expense, install and maintain up to a 3oKW temporary generator
that does not exceed 67.3 dem-bels at 23', at the Site or the property
adjacent to the Site.
it. Termination. Notwithstanding any provision contained
in this Agreement, SSLP may, in SSLP's sole and absolute
discretion and at any time and for any economic,
environmental or technological reasons, terminate this
Agreement without further liability by delivering prior written
notice to Owner. Upon termination of this Agreement on or
before the date which is 25 years from the Lease
Commencement Date, except in cases where this Agreement is
terminated due to Owner's failure of proper ownership or
authority or other default by Owner, or SSLP's failure to
obtain or maintain any necessary federal state or local
government permits or approvals, including third party
approvals, SSLP will pay to Owner a termination fee in the
amount of $[o,000.00.
Owner Initials:
SSLP Initials:
Site Name: Georgetown WT
approvals, SSLP will pay to Owner a termination fee in the
amount of $to,000.00.
Default. If either party is in default under this
:eement for a period of 3o days following receipt of written
iotice from the non -defaulting party, the non -defaulting party
may pursue any remedies available to it against the defaulting
tarty at law or in equity, including, but not limited to, the
right to terminate this Agreement. if a non -monetary default
cannot reasonably be cured within a 30 -day period, this
Agreement may not be terminated if the defaulting party
commences action to cure the default within the 3o -day period
and proceeds with due diligence to fully cure the default
within 12o days
13. Indemnity. Subject to Section 17 hereof, and only if and
to the extent permitted by Texas Law, Owner and SSLP each
indemnifies and agrees to defend the other against and holds
the other harmless from any and all costs (including
reasonable attorneys' fees) and claims of liability or loss
which arise out of the ownership, use and occupancy of the
Site by the indemnifying party. This indemnity does not apply
to any claims arising from the negligence or intentional
misconduct of the indemnified party. The indemnity
obligations under this Section will survive termination of this
Agreement. The terms of this paragraph do not alter Owner's
status as an entity entitled to assert its sovereign immunity,
and Owner does not waive its rights to assert its sovereign
immunity if allowed by law.
14. Hazardous Substances. Owner represents and
warrants to SSLP that it has no knowledge of any substance,
chemical or waste on the Site that is identified as hazardous,
toxic or dangerous (collectively, 'Substance') in any
applicable federal, state or local law or regulation. SSLP will
not introduce or use any Substance on the Site in violation of
any applicable law. Owner will have sole responsibility for the
identification, investigation, monitoring and remediation
i/or cleanup of any Substance discovered at the Site unless
presence or release of the Substance is caused by the
activities of SSLP.
15. Subordination and Non -Disturbance. This
Agreement is subordinate to any mortgage or deed of trust of
record against the Site as of the Lease Commencement Date.
Promptly after this Agreement is fully executed, however,
Owner will obtain a non -disturbance agreement in a form
reasonably acceptable to SSLP from the holder of any
mortgage or deed of trust.
16. Property Taxes. SSLP will be responsible for payment
of all personal property taxes assessed directly upon and
arising solely from its use of the Facilities on the Site. SSLP
will pay to Owner any increase in real property taxes
attributable solely to any improvements to the Site made by
SSLP within 6o days after receipt of satisfactory
documentation indicating calculation of SSLP's share of the
real estate taxes and payment of the real estate taxes by
Owner. Owner will pay when due all other real estate taxes
and assessments attributable to the property of Owner of
which the Site is a part.
17. Insurance. SSLP will procure and maintain commercial
general liability insurance, with limits of not less than
=1,000,000 combined single limit per occurrence for bodily
injury and property damage liability, with a certificate of
insurance to be furnished to Owner within 3o days after
SSLP's receipt of a written request. Each party hereby waives
its right of recovery against the other for any loss or damage
covered by any insurance policies maintained by the waiving
party. Each party will cause each insurance policy obtained by
it to provide that the insurance company waives all rights of
recovery by subrogation against the other party in connection
with any damage covered by the policy.
Maintenance. SSLP will be responsible for repairing,
.Inting of antennas and coax to match the water tank, and
generally maintaining the Facilities and any other
improvements installed by SSLP at the Site in a proper
Law Dept PC Docs 77261 v2
Revised 7103 de
SSLP Site ID #: AU60XC695
operating and reasonably safe condition as called for in all
applicable regulations; provided, however, if any repair or
maintenance is required due to the acts or omissions of
Owner, its agents, contractors or employees, Owner will
promptly reimburse SSLP for the reasonable costs incurred by
SSLP to restore the damaged areas to the condition which
existed immediately prior thereto. Owner will maintain and
repair all other portions of the property of which the Site is a
part in a proper operating and reasonably safe condition as
called for in OSHA regulations.
19. Miscellaneous. (a) This Agreement applies to and binds
the heirs, successors, executors, administrators and assigns of
the parties to this Agreement; (b) this Agreement is governed
by the laws of the state in which the Site is located; (c)
Owner agrees to promptly execute and deliver to SSLP a
recordable Memorandum of Agreement in the form of Exhibit
13 attached hereto; (d) this Agreement (including the
Exhibits) constitutes the entire agreement between the parties
and supersedes all prior written and verbal agreements,
representations, promises or understandings between the
parties. Any amendments to this Agreement must be in
writing and executed by both parties; (e) if any provision of
this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of
the provision to persons other than those as to whom it is held
invalid or unenforceable, will not be affected and each
provision of this Agreement will be valid and enforceable to
the fullest extent permitted by law; and (f) the prevailing
party in any action or proceeding in court or mutually agreed
upon arbitration proceeding to enforce the terms of this
Agreement is entitled to receive its reasonable attorneys' fees
and other reasonable enforcement costs and expenses from
the non -prevailing party.
20. Non -Binding Until Fully Executed. This Agreement
is for discussion purposes only and does not constitute a
formal offer by either party. This Agreement is not and will
not be binding on either party until and unless it is fully
executed by both parties.
The following Exhibits are attached to and made a part of this
Agreement: Exhibits A, B
OWNER:
CITY OF GEORGETOWN
By:
Name:
Title:
Address: noo Industrial Aveaue
..o own. Texas 70626
Date:
SPRINT SPECTRUM L.P., a Delaware limited
partnership
By:
Name:
Title:
Date:
Attach Exhibit A - Site Description
Attach Exhibit B - Memorandum of Agreement Form
Site Name: Georgetown WT SSLP Site ID #: AU60XC695
EXHIBIT A
TO SITE AGREEMENT
Site Description A-1 & A-2
Site located at 1301 James Street, City of Georgetown, County of Williamson, State of Texas
commonly described as follows:
Leval Description: A-1
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sulme b Yar forever: a" w rehy aW earuln., heLe, esoaton u1 adalLLintoie, b
Yarrut ooa Fanny Afe" til w1 .1agulor the m14 Iraslsas uta Ae City K 0.oi{eba. Its
Wuuma tea omlon. amlast every Nrou S6n.w,u LFNSl, .Lits{. s, t. state W. sw,
er m, sort Werear.
wit... ter Mee. s OtmptoFo. Naa, this _ aq K _, a. a. 1%9-
02.20 ft. tml. otmm". 1. C. cods
Yllxm/ C9ffs
TR RM Or FILM. 1
COUNTY R RL.Llsos 1 SIsOY FR . /.tary sahli. IS tea fes r1111aus Cemty, Nae, m this
s9 fere.ullf mfpu" 1. a. "ft" rd Sedon" Coffee. el0 atff, both hme to u to M the
fano. !a. arm are subsoriM1 to the fateples Wtever.t. of oars.,. "a" to as that tory
task ers.ub6 the r for the Woos ami .oeu.ntlu tE¢rW ustep", am W. mid batrlr
N . Fire K w mid 1. C. oKfe. Mr1e, M.t .oars" hr ad foody add roar[ from Mr tuee.",
M 4rlor the Fra fall rrfielW M Mq ter, Ws aid batriw Caxu aakeap"pa roh instra_
Nt b M Me rat N 4.4, am be Isolated Wrt W M1 F1111r6, ram" the ore for the prry
fit. W ..rldrntio W..I. expresses. ret War W. did tet .fit to tenet it. `
91rf11 OICR Yr WO AND ISU or omR, TPL deb W of tall. A. O. 1949.
1L/.1 STILTS CURS berry sraiis Silllm.m toasty, Torahs.
111*4 farred f.1, 19, 1%4y� at 3,11 e'eluk roes.
We"" lair 20. 1919. at Is
10 •'etad 4.F.
him CiSrate" Clark, comb ss. t'
J� a111irum Couatp, Tress.
4 dLL4.�d_arfal -JS v1 t._Af+y.
Owner Initials:
SSLP Initials:
Law Dept PC Docs 77251 v2
revised 7103 de
Site Name: Georgetown WT
EXHIBIT A
TO SITE AGREEMENT
Site Description A-1 & A-2
Site Plan: A-2
SSLP Site ID #: AU60XC695
Lci
IF
Il
4aISI
aljl;iln
I1jj%' 1
i
I
I
[ I
Owner Initials:
SSLP Initials:
Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting
forth the legal description of the property on which the Site is located and/or an as -built
drawing depicting the Site.
Law Dept PC Docs 77251 v2
revised 7/03 de
Site Name: Georgetown WT SSLP Site ID #: AU60XC695
EXHIBIT B
TO SITE AGREEMENT
Memorandum of Agreement
This Memorandum of Agreement ("Memorandum") dated , 2004,
evidences that a lease was made and entered intq by a written Site Agreement (the
"Agreement") dated . 2004, between FITY OF GEORGETOVvN ("Owner") and
SPRINT SPECTRUM LP., a Delaware limited partnership("SPLP").
The Agreement provides in part that Owner leases to SDLP certain real property owned by
Owner and located at 1301 James Street, City of Georgetown, County of Williamson, State of
Texas, together with non-exclusive easements for reasonaj le access thereto, for placement of
an underground grounding system, and for access to the appropriate source of electric and
telephone facilities (the "Site"). The Site is further described in Exhibit A attached hereto.
The term of the Agreement is 5 years commencing on 2004, which term
is subject to 4 additional 5 -year extensions that may be exercised by SSLP.
The parties have executed this Memorandum as of the liay and year first above written.
OWNER
CITY OF GEORGETOWN
By: Exhibit Only Do Not Sieh
Nagle:
Title:
Address:
SPRINT SPECTRUM L.P., a Delaware limited partpprship
By: Exhibit Only Do Not Sieh
Name:
Title:
Address:
Attach Exhibit A - Site Description
Owner Initials:
SSLP Initials:
Law Dept PC Docs 77251 v2
revised 7/03 de
Site Name: Georgetown WT SSLP Site ID #: AU60XC695
Memorandum of Agreement
This Memorandum of Agreement ("Memorandum") dated 2004,
evidences that a lease was made and entered into by a written Site Agreement (the
"Agreement") dated 2004, between CITY OF GEORGETOWN (`Owner") and
SPRINT SPECTRUM I.P., a Delaware limited partnenhip("SSLP").
The Agreement provides in part that Owner leases to SSLP certain real property owned by
Owner and located at 1301 James St., City of Georgetown, County of Williamson, State of Texas,
together with non-exclusive easements for reasonable access thereto, for placement of an
underground grounding system, and for access to the appropriate source of electric and
telephone facilities (the "Site"). The Site is further described in Exhibit 4 attached hereto.
The term of the Agreement is 5 years commencing oil 2004, which term
is subject to 4 additional 5 -year extensions that may be exercised by SSLP.
The parties have executed this Memorandum as of the day and year first above written.
OWNER
CITY OF GEORGETOWN
M
Name:
Title:
Address: 300 Industrial Avenue
Georgetown. TX 79626
SPRINT SPECTRUM L.P., a Delaware limited partnership
By:
Name:
Title:
Address:
Attach Exhibit A- Site Description
Owner Initials:
SSLP Initials:
Law Dept PC Dae 77251 v2
revised 7/03 de
Site Name: Georgetown WT
OWNER NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
2004, on behalf of the City of Georgetown.
(AFFIX NOTARIAL SEAL)
My commission expires:
SSLP NOTARY BLOCK:
STATE OF
COUNTY OF
SSLP Site ID #: AUGOXC695
day of
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
(PRINTED, TYPED Oft STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
The foregoing instrument was acknowledged before me this day of
2004, by as
SPRINT SPECTRUM LP., a nolaware limited
partnership, who executed the foregoing instrument on behalf of the partnership.
(AFFIX NOTARIAL SEAL)
My commission expires:
Law Dept PC Docs 77251 v2
revised 7/03 de
(OFFICIAL NOTARY 910NATURE)
NOTARY PUBLIC STgTjD OF
(PRINTED, TYPED 6A STAMPED NAME OF NOTARY)
Site Name: Georgetown WT SSLP Site ID #: AU60XC695
EXHIBIT A
TO MEMORANDUM OF AGREEMENT
Site Description A-1 & A-2
Site located at 1301 James St., City of Georgetown, County of Williamson, State of Texas
commonly described as follows:
Leval Description: A-1
r. c. Dona, FF iL riwRAFTY D[tD CITT or 0,O001TGT11
TIOI mart or TQ . r
cwarm ar alluAlaa 1 IIOw au, ml n T.. ratemrs:
net ", r. C. Coffee re win, Beatrice 00ff4.. of W. COeat) of Sllll.ea. Starr. of
Sexual for ua fn Mn Lentlm of We . aQ Taa TCaanaa 113,000.001 DOLIJSB, to we la Yoe
)Fla H Ae City of W"pt. Yrt a.". "IS MA Wbroyed. Ya or th". TnYatr to Great,
N31 oat Oooraf YM The City of Gnmter of W Oaratf of 11111rox, Seer% K 'Vow"
all tart
MN
SIa trot of Yaa leeatod L Lr
11110e OOeatT, Tena. sea Mim oat of am t Fart of TY
Vat"reltr Serb laaitiai to A. City of 4oaietwv. 111114.aea Osaott. A., ." t"Y ..t of
INS )artt" of .1a AddialM aealpat" Y a.m. Saww"wed we We Flt thereof "art" W V.I.
1. F". 110, 11111.0% Cavy. Tart. Flet Robert.. ad a ... rit" Y talar: DOOMING t the
t, a. o:ou .f MSS coffee woman" Ar W WgL." of. we"; T r t falowina tee t.
lW. of ML a.m. Saw.b" 177.6' b it. a. S. ver. f4 Ste X. F. Dor. ".of, t v a t log.
i telltea" ". 11M 111.6` to we iron tl" far We e. r. of. Yfeaf; T r S 89 ay. a 155.6
b . F" W Wa a now or l.. M,. for We a. W. or a. -.f' TumF a Uxa "a i 11M of Fere
1 at. 111.6' W We FWee K Mpulaa.
TO i," ASO Ta CID We .tar..eserib" Free al". tet" with Ma dMalar. We rllbt.
a, avFvba.ee Wore" IS ayoW. Sao"las "to no city or atowtom, lar w"a"re a"
.Saes f.roror; awl we " Sonar olsl oaro l"., My Miroe er"tare w eLWletrtbn. M
4rratt Ma F.nVer owned all Ma rlarylu We "0 Fnel". to The Oity a 4al{eton. 1t.
a"""era w abef{Y. egaYt ererT Mrtoo ohowacers. laarallT aLW1eS. or to eLL We Lew.
or N Oert W.. or.
at... Say Mega at 4orpto.a. Apr. %Tete _ day of _. A. D. 1919.
I1.1C YT"M SLrFo Dwelloa.. C. °oTTn�-`
JJ.
ONTf OF 1111IY1,1. 1 iallY at, a ft"" Paoli. L w for 11131moa% Cart), Aaa, M b/t
da,IarMMly M).ar" F. 0. Oarf" rd Mean. "free. Me wire. Met mea to r b M We
r.n"o +ee..M . ame.r1Ma to ba frow a Wr Waarbaeat, w "tate,Yf" 10 we tart they 1
seat wwated tee .. for tee ForFases W weew a.tl" tkerrW o:O"MoS, er or "la S.atrl".
Come wife of tee bola r. C. come Sa.laa Mow o.1a" by a. "i.ilf e" Mart mee Mr Yobaem
W M.bt tee er. rally .ww"iMa b Mr. Y., W. Mid Matri" Came "boQMPa ..k W"tY
Seat b M Mr sat w a"d, .Y W. a..LMd that M Me wiling, .lee" tee .. For tee pr-
FaMe w ..rla.ntl" W.ro1. or)rtwd' w Wait Wo it "t al" to ntr.at It.
.,m mat by 4SD aC zSiL Of O TM. T 11W My .f Fay. A. D. 1949.
(La.l STILTS CASOr Rota , TaSil. ailll." Carty, Ane. '
11Ll foe she F¢y 19: 1949 at Woe, '%Seer 9.L
MaON" Fay F0, 1949. t f.5d .'.leak 1. W
Dao[ cmTlDca, Flat. carats Dart,
ailli.r OO Wty. Tens.
4llJ,/
tr4�talWff.o' 'y Mr'—_-O.aae1•
14 -- 0------0
Owner Initials:
SSLP Initials:
Law Dept PC Docs 77251 v2
revised 7103 de
Site Name: Georgetown WT
Site Plan: A-2
SSLP Site ID #: AU60XC695
EXHIBIT A
TO MEMORANDUM OF AGREEMENT
Site Description A-1 & A-2
Owner Initials:
SSLP Initials:
Note: Owner and SSLP may, at SSLP' option, replace this Exhibit with an exhibit setting
forth the legal description of the property on which the Site is located and/or an as -built
drawing depicting the Site.
Law Dept PC Docs 77261 v2
revised 7103 de
Council Meeting Date: April 13, 2004 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Consideration of an award of the bid for PVC Pipe and Fittings to various bidders in the
estimated amount of $48,526.00.
ITEM SUMMARY
Bids were received to provide the City with PVC schedule 40 pipe and galvanized steel
fittings to install underground cable for the Wolf Ranch Shopping Center. The staff
recommendation is to award this bid to the low bidder for each line item, as designated on the
attached bid tabulation.
SPECIAL CONSIDERATIONS
none
FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.)
Estimated total for this bid is $48,526.00. Funds are budgeted for this expenditure in the
Electric CIP fund.
COMMENTS (from City Attorney, staff, boards and commissions)
none
ATTACHMENTS (list individually)
1, bid tabulation
Sub/m'itted By:
eMike Mayben, Energy Services Manager
Jim Briggs, Assistant City Manager
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO. DESCRIPTION EST. CITY. PRIESTER
362010 3" PVC Pipe, Sch 40, 20 foot lengths 50,000 ft. 0.699 '
with bell ends (price per foot)
362005 3" galvanized steel 90 degree elbows with 170 each
36" radius
362003 3" galvanized steel 90 degree elbows with 60 each
48" radius
' Low Bid
No Response: KBS
Dealers Elec
f.f
NB
NUNN
TEC
POWER
0.7267
0.75
0.82
55.43
64.30
55.32
69.53 '
84.55
77,99
TECHLINE
1.38
117.60
154.50
* Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 '
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 *
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 *
84.55
77.99
154.50
48" radius
* Low Bid
No Response: KBS
Dealers Elec
Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. QTY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 "
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 "
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
84.55
77.99
154.50
48" radius
Low Bid
No Response: KBS
Dealers Elec
" Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 `
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 *
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
84.55
77.99
154.50
48" radius
" Low Bid
No Response: KBS
Dealers Elec
Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 "
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 '
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
84.55
77.99
154.50
48" radius
Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY.
PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft.
0.699 "
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each
NB
55.43
64.30
55.32 "
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each
NS
69.53 *
84.55
77.99
154.50
48" radius
* Low Bid
No Response: KBS
Dealers Elec
Low Bid
No Response: KBS
Dealers Elec
TEC POWER TECHLINE
0.75 0.82 1.38
64.30 55.32 " 117.60
84.55 77.99 154.50
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 '
0.7267
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
48" radius
Low Bid
No Response: KBS
Dealers Elec
TEC POWER TECHLINE
0.75 0.82 1.38
64.30 55.32 " 117.60
84.55 77.99 154.50
Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 "
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 "
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 '
84.55
77.99
154.50
48" radius
Low Bid
No Response: KBS
Dealers Elec
` Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. QTY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 `
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 `
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
84.55
77.99
154.50
48" radius
` Low Bid
No Response: KBS
Dealers Elec
* Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
N NN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 "
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 "
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 '
84.55
77.99
154.50
48" radius
* Low Bid
No Response: KBS
Dealers Elec
* Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 '
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 "
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 *
84.55
77.99
154.50
48" radius
* Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO. DESCRIPTION EST. QTY. PRIESTER
362010 3" PVC Pipe, Sch 40, 20 foot lengths 50,000 ft. 0.699
with bell ends (price per foot)
362005 3" galvanized steel 90 degree elbows with 170 each NB
36" radius
362003 3" galvanized steel 90 degree elbows with 60 each NB
48" radius
` Low Bid
No Response: KBS
Dealers Elec
NUNN TEC POWER TECHLINE
0.7267 0.75 0.82 1.38
55.43 64.30 55.32 ` 117.60
69.53 ` 84.55 77.99 154.50
Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. QTY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 '
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 `
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
84.55
77.99
154.50
48" radius
Low Bid
No Response: KBS
Dealers Elec
' Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 *
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 *
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 '
84.55
77.99
154.50
48" radius
' Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO. DESCRIPTION EST. CITY. PRIESTER
362010 3" PVC Pipe, Sch 40, 20 foot lengths 50,000 ft. 0.699 "
with bell ends (price per foot)
362005 3" galvanized steel 90 degree elbows with 170 each
36" radius
362003 3" galvanized steel 90 degree elbows with 60 each
48" radius
" Low Bid
No Response: KBS
Dealers Elec
M-
Im-
NUNN
0.7267
55.43
TEC P WER TECHLINE
0.75 0.82 1.38
64.30 55.32 " 117.60
69.53 " 84.55 77.99 154.50
. Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24018
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 '
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 "
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 '
84.55
77.99
154.50
48" radius
. Low Bid
No Response: KBS
Dealers Elec
' Low Bid
No Response: KBS
Dealers Elec
PVC PIPE AND FITTINGS
BID NO. 24019
BID SHEET
STOCK NO.
DESCRIPTION
EST. CITY. PRIESTER
NUNN
TEC
POWER
TECHLINE
362010
3" PVC Pipe, Sch 40, 20 foot lengths
50,000 ft. 0.699 "
0.7267
0.75
0.82
1.38
with bell ends (price per foot)
362005
3" galvanized steel 90 degree elbows with
170 each NB
55.43
64.30
55.32 '
117.60
36" radius
362003
3" galvanized steel 90 degree elbows with
60 each NB
69.53 "
84.55
77.99
154.50
48" radius
' Low Bid
No Response: KBS
Dealers Elec
Council Meeting Date: April 13, 2004 _Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to authorize the execution
of an agreement and lease with the Texas Parks and Recreation
Foundation ("Foundation") to continue holding 19.776 acres of land
in trust for the City for future use as parkland.
ITEM SUMMARY:
Upon acquisition of the Pecan Branch Wastewater Treatment
Plant site in 1995, the City entered into an agreement with the
Texas Parks and Recreation Foundation and the previous owner to
convey the 46.915 -acre tract to the Foundation to be held in trust
for possible future use as parkland by the City.
The portion used for construction of the WWTP was subsequently
conveyed back to the City, leaving 19.776 acres in the parkland
trust to be used to obtain matching grant funds from the Texas
Parks & Wildlife Department. The original agreement and lease have
expired. The attached documents renew the City's agreement and
lease with the Foundation on the remaining 19.776 acres adjacent to
Berry Creek for five (5) years from the date of execution of the
new agreement and lease.
The Foundation approved the new agreement and lease on
February 24, 2004, by its Corporate Resolution No. 04-03.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
None
COMMENTS:
ATTACHMENTS:
Proposed Agreement and Lease
Submitted By: Jim Briggs, Assistant City Manager for Utilities
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND THE TEXAS PARKS AND RECREATION FOUNDATION
This agreement is made on the day of , 2004 by and
between the City of Georgetown, a Texas home -rule municipal corporation ("City") and the
Texas Parks and Recreation Foundation, a Texas non-profit corporation ("Foundation").
On August 7, 1995, Alex M. Bastanjoo and wife, Michelle M. Bastanjoo, agreed to
convey by Special Warranty Deed, a copy of which is attached hereto as Exhibit "A", the
following described real property to the Foundation, to be held in trust for the City, in order
for the City to make a grant request to the Texas Parks and Wildlife Department.
A 19.776 -acre tract of land situated in the Joseph Berry Survey, Abstract No.
63, Williamson County, Texas, being a portion of a 46.915 acres of land
situated in the Joseph Berry Survey, Abstract No. 63, Williamson County,
Texas, and being all of a 47.565 -acre tract described in a deed to A.A.
Bastanjoo recorded in Volume 2503, Page 282 of the Official Records,
Williamson County, Texas and being more particularly described by metes and
bounds in Exhibit "B" attached hereto.
By Resolution No. AOL]' 0'5 , dated the Zq day of kbruU✓
2004, the Board of Directors of the Foundation resolved to accept such conveyahce of the
above described 19.776 acre tract and to hold it in trust for future use as parkland by the
City.
During the time the Foundation holds the Property in trust for the City, the City
wishes to use the Property for public park, public recreation or public street right-of-way
only; however, the City may survey, conduct field inspections, clear underbrush, conduct
testing, soil boring and the other actions with respect to the Property which are deemed
necessary by the City to use the Property for the stated purposes. This usage for park
purposes shall be beneficial to the Texas Parks and Recreation Foundation in that
additional parkland shall be made available for the public's use, which is a goal of the
Foundation.
The Foundation further agrees that upon completion of any grant process described
above and upon written request by the City, it shall convey the Property by Special
Warranty Deed to the City in substantially the same form attached hereto as Exhibit "C".
The Foundation hereby agrees to lease the Property to the City during the period
in which the Property is held in trust for the City, pursuant to a Lease of Real Property to
be executed concurrently herewith, a copy of which lease is attached hereto as Exhibit "D".
Agreement with Texas Parks & Recreation Foundation - Page / of 4
For and in consideration of this agreement, the City agrees to: (1) use the property
for public park, public recreation or public street right-of-way purposes only during the trust
term; (2) reimburse the Foundation for any city, school or county taxes or flood control
district assessments which may be levied against the Property during the trust term; (3)
maintain the Property in a manner which is consistent with the ordinances of the City and
the requirements of any other governmental agency having jurisdiction over the Property;
(4) name the Board of Directors of the Foundation as insured on the City's insurance policy
or purchase a $1,000,000.00 liability insurance policy naming the Foundation and its Board
of Directors as insureds; (5) reimburse the Foundation for any expenses incurred in
holding the Property in trust for the City; and (6) indemnify the Foundation against any
expenses incurred as a result of Federal, State, County and City environmental or
regulatory requirements.
This agreement may be terminated by either party upon thirty (30) days written
notice at which time the Property shall be conveyed to the City by Special Warranty Deed
in the form attached hereto as Exhibit "C".
SIGNED this a1z6'day of SZL -c , 2004.
CITY OF GEORGETOWN TEXAS PARKS AND RECREATION
FOU TI N
By: By:
Gary Nelon, Mayor Name:
Title:
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Cads, LLP
City Attorney
Agreement with Texas Parks & Recreation Foundation - Page 2 of 4
EXHIBIT
nu
WARRANTY DEED
DATE: August r , 1995
DOC# 9533817
9az3DU-39a-
GRANTOR: Alex Amir Bastanjoo and wife, Michelle M. Bastanjoo
GRANTOR'S MAILING ADDRESS:
GRANTEE: Texas Parks and Recreation Foundation, to be held in trust as future park
land for the City of Georgetown.
GRANTEE'S MAILING ADDRESS:
P.O. Box 830309
Richardson, Texas 75083
CONSIDERATION: $10.00 and any other good and valuable consideration.
PROPERTY (including any improvements):
All that certain tract or parcel of land situated in the Joseph Berry Survey, A-63,
in Williamson County, Texas, and being all of a 47.665 acre tract of land
conveyed to A.A. Bastanjoo by deed recorded in Volume 2503, Page 282 of the
Official Records of Williamson County, Texas and being more particularly
described by metes and bounds on Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
GRANTOR reserves all of the oil, gas and sulphur in and under the land herein conveyed
but waive all rights of ingress and egress to the surface thereof for the purpose of exploring,
developing, mining or drilling for same; however, nothing in this reservation shall affect the title
and rights of the GRANTEE to take and use all other minerals and materials thereon, therein and
thereunder.
GRANTOR, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to GRANTEE the property, together with
all and singular the rights and appurtenances thereto in any wise belonging, to have and hold
it to GRANTEE, GRANTEE'S administrators, successors or assigns, forever. GRANTOR binds
GRANTOR AND GRANTOR'S administrators, successors or assigns to warrant and forever
defend all and singular the property to GRANTEE and GRANTEE'S administrators, successors
and assigns against every person whomsoever lawfully claiming or to claim the same of any part
thereof, except as to the reservations from and exceptions to conveyance and warranty, when
the claim is by, through, or under GRANTOR but not otherwise.
MEN
ALFA AAIR •r
i„ W .l%mss
..i
- 61 iiE5RDS
'r iAMS011 COUNTY, TFXAS
3
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF �; ll;a,..s�.,.. §
This instrument was acknowledged before me on the _�ay of August, 1995, by Alex Amir
Bastanjoo.
L. H. WOLF
NOTARY PUBLIC
STATE o P TEXAS Notary Public and for t
My canmus¢wn �aB1� State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF l).\,�a... s.� §
This instrument was acknowledged before me on the .-1` clay of August, 1995, by Michelle
M. Bastanjoo. fQ
L H. WOLF Notary Public In and for the
NOTARY PUBUC State of Texas
STATE OF TEXAS
® My ConmBtia b#68100b7
AUSTIN SURVEYORS
P.O. BOX 110143
AUSnN. TX 71711
1105 YMN LANE II I I
TRAPHONBOM04 5W
FIELD NOTES FOR 46,915 ACRES
All that certain tract or parcel of land situated in the
Joseph Berry Survey, A-63, in Williamson County, Texas and
being all of a 47.565 acre tract of land conveyed to A. A.
Bastanjoo by deed recorded in Volume 2503, Page 282 of the
Official Records of Williamson County, Texas and being more
particularly described by metes skid bounds as follows:
BEGINNING at an iron pipe found on the Northwest
right-of-way line of the Georgetown Railroad, in
the South corner of the above mentioned 47.565
acre tract and the South corner of thio tract.
THENCE N 18-32'27" W 694.75 feet to an iron pin
set in an angle point of the said 47.565 acre
tract for an angle point of this tract.
THENCE N 19047107" W 417.99 feet to an iron pin
found in an angle- point of the said 47.565 acre
tract for an angle point of this tract.
THENCE N 19007'32" W 43.97 feet to an iron pin
found on the South line of F.M. #971 for the West
corner of the said 47.565 acre tract and the West
corner of this tract,
THENCE N 60911,55" E with the South line of F.M.
#971 531.86 feet to a broken concrete monument
found in the PC of a curve to the right said curve
having a radius of 5689.58 feet and a central
angle of 02"18'00".
THENCE with the arc of the said curve 228.39
feet the long chord of which bears N 81020155" E
228.38 feet to a broken concrete monument found
for the PT of the said curve,
THENCE N 82026'36" E , 95.44 feet to an iron pin
set for an angle point,
THENCE N 88016128" E 590.56 feet to an iron pin
met for an angle point.
THENCE N 82626'36" E 60.66 feet to a point in the
approximate centerline of Berry Creek for the
North corner of the said 47,565 acre tract and the
North corner of this tract.
EXHIBIT "A"
46.915 acres PA(3R 2 OP 2
•' THENCE down the approximate centerline of Berry
Creek Por the following twelve (12) courses:
(1) S 05°56'51" W 55.07 feet
(2) S 08°31'41" R 213.41 feet
(3) S 13059123" E 68.10 feet
(4) S 50°07105" E 47.21 feet
(5) S 53437152" R 180.02 feet
(6) S 61040107" E 158.47 feet
(7) 9 74059'32" R 417.21 feet
(8) S 74001140" R 484.69 feet
(9) S 59°31'39" R 119.78 feet
(10) S 34604'32" R 132.35 feet
(11) S 14044'08" W 144.77 feet
(12) S 28035131" W 30.95 feet to a point on the
North right-of-way line of the Georgetown Railroad
for the Rant corner of the said 47.565 acre tract
and the East corner of this tract.
THENCE N 01°15131" W with the Said North Right-
of-way line 395.14 feet to an iron pin Bet in the
PC of a curve to the left said curve having a
radius of 3869.83 feet and a central angle of
21°18'00".
THENCE With the arc of the said curve 1438.63
feet the long chord of which bears S 88408'29" W
1430.36 feet to an iron pin set for the PT of the
said curve.
THENCE S 77626129" W 671.84 feet to the POINT OP
BEGINNING containing 46.915 acres of land, more Or
lees.
I, Claude F. Hinkle Jr, a Registered Professional Land
Surveyor, do hereby certify that these field notes
accurately represent the results of an on -the -ground survey
made under my supervision during July, 1995 and are correct
to the beet of my knowledge and belief.
m
;�' Lz(
Claude,P. Hinkle, Jr. -
R.P.L.S, #4629
9t—
Date
EANIBIT "A"
Doc% 9533817
N Pages: 3
Date 08-08-1995
Time 05:03:31 P.M.
Filed & Recorded in
official Records
of WILLIAMSON County, T)
ELAINE BIZZELL
COUNTY CLERK.
Rec. $ 13.00
TK STATE OFTaAS
CMNOFW&LVA"
T N, b b iN� am dib doa°mmR "a: etID "n0
�O:dBWMXMM C=ft IMLCOUNTY /n V0
wlLLaa$ON COUNTY, TEXAS
//eI
METES AND BOUNDS DESCRIPTION
BEING A 19.776 -ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY
SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A 46.915 -ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS
AND RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO.
9533817 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
19.776 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE on a capped iron rod set on a point in
the southerly right-of-way line of F.M. Road No. 971, same being
the northeasterly corner of a 19.06 -acre tract of land conveyed
to Ted Kallus, et ux, by instruments recorded in Volume 2617,
Page 477, and Volume 2637, Page 737 of the Deed Records of
Williamson County, Texas, same being the northwesterly corner of
the said 46.915 -acre, from which a concrete monument found on the
southerly right-of-way line of F.M. Road No. 971 bears
S78115120"W a distance of 2214.01 feet;
THENCE with the said southerly right-of-way line and northerly
boundary line of said 46.915 -acre tract the following three (3)
courses and distances:
1) N78°15'20"E for a distance of 531.59 feet to a concrete
monument found on a point being at the beginning of a
curve to the right;
2) Along the arc of said curve to the right an arc distance
of 228.39 feet, having a radius of 5689.58 feet, a delta
angle of 2°18100", and a chord which bears N79024120"E a
distance of 228.38 feet, to a concrete monument found;
3) N80°33'20"E for a distance of 95.40 feet to a capped iron
rod set on a point being the westerly corner of a 0.483 -
acre Right -of -Way Easement, recorded in Volume 506, Page
578 of said Deed Records, for an angle point hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract,
N86023120"E for a distance of 218.66 feet to a capped iron rod
set on a point being the northwesterly corner and POINT OF
BEGINNING hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract the
following two (2) courses and distances:
1) N86023'20"E for a distance of 371.90 feet to a capped
iron rod set on a point being an angle point hereof;
1
2) N80°33'20"E for a distance of 60.95 feet to a point in
the centerline of Berry Creek being on the westerly
boundary line of a 25.55 -acre tract of land conveyed to
San Gabriel Investments, Ltd. by instrument recorded in
Document No. 2000085080 of the Official Records of
Williamson County, Texas, being the southeasterly corner
of said 0.483 -acre tract and the northeasterly corner of
said 46.915 -acre tract and northeasterly corner hereof;
THENCE with the easterly boundary line of said 46.915 -acre tract
and westerly boundary line of said 25.55 -acre tract and the
centerline of Berry Creek the following twelve (12) courses and
distances:
1)
SO4"01138"W
for a
distance
of
54.56 feet to a
point;
2)
S10°26'54"E
for a
distance
of
213.41 feet to
a point;
3)
S15°54136"E
for a
distance
of
68.10 feet to a
point;
4)
S52°02'18"E
for a
distance
of
47.21 feet to a
point;
5)
S55033105"E
for a
distance
of
180.02 feet to
a point;
6)
S630351 20"E
for a
distance
of
158.47 feet to
a point;
7)
S76°54'45"E
for a
distance
of
417.21 feet to
a point;
8)
S75°56'53"E
for a
distance
of
484.69 feet to
a point;
9)
S61°26'52"E
for a
distance
of
119.78 feet to
a point;
10)
S35°59'45"E
for a
distance
of
132.35 feet to
a point;
11)
S12048'55"W
for a
distance
of
144.77 feet to
a point;
12)
S26040'18"W
for a
distance
of
30.95 feet to a
point being
the southeasterly
corner of said
46.915 -acre
tract and
the southwesterly
corner of said
25.55 -acre tract, being
on the northerly
boundary
line
of Georgetown
Railroad
right-of-way,
100
feet in
width,
conveyed in
Volume 2267,
Page 954 of
the Official Records
of Williamson County,
Texas, for
the southeasterly
corner hereof;
THENCE with the southerly boundary line of said 46.915 -acre tract
and northerly boundary line of said Georgetown Railroad the
following two (2) courses and distance:
1) N83010144"W for a distance of 395.14 feet to an iron rod
found on a point being the beginning of a curve to the
left;
2) Along the arc of said curve to the left an arc distance
of 1049.63 feet, having a radius of 3869.83 feet, a
delta angle of 15°32'25", and a chord which bears
S89003104"W a distance of 1046.41 feet to a capped iron
rod set on a point being the southwesterly corner
hereof;
F1
THENCE leaving the northerly boundary line of said Georgetown
Railroad, through the interior of said 46.915 -acre tract
N20055106"W for a distance of 1084.94 feet to the POINT OF
BEGINNING containing 19.776 acres of land, more or less.
o DIAMOND SURVEYING, INC.
516LEANDER ROAD, GEORGETOWN, TX 78626
(512) 931-31OD
SHAFER ! R.P.L.S. No. 5281 / /Date
DSI 2003-69
W
SHANE SHAFER
�% a 5281
C
SKETCH TO ACCOMPAN'r mr7ES AND BOUNDS DESCRIPTION
BEING A 19.776 ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
A 46.915 ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 9533817 OF THE,
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
SURVEYOR'S NOTES,
ALL DOCUMENTS LISTED HEREON
ARE RECORDED IN THE OFFICE
OF THE COUNTY CLERK OF
WILLIAMSON COUNTY, TEXAS.
FM = CR W .
2214 p1"W
578'15'20 y
ND
�0.
N01
0EE0584 _ LEGEND
POINT OF R�p6, PG's EA SE O =CAPPED IRON ROD SET
BEGINNING V0j 1�� R 0. 5�0�78i • = 1/2' IRON ROD FOUND
1 `1 A = CALCULATED POINT
- _ w 0O = IRON PIPE FOUND (SIZE STATED)
C2 8.66' 371.90' ■ = CONCRETE RIGHT-OF-WAY
21
N86'2 ,8.6 N86'23'20"E j MONUMENT FOUND
531.5y 0"E
8.152 y SAN GABRIEL INVESTMENTS, LTD
25.55 ACRES
BEGIN FOR is is DOC. NO. 2000085080
REFERENCE o
TED KALLUS,et ux
19.06 ACRES
VOL. 2617, PG. 477
VOL. 2637, PG. 737
W.
3
i
i
APPROX. CENTERUNE
376'54•QS„ BERRY CREEK
0 19.776 ACRE 417,21. 57556'5;
�NDATIpN 484.69.
XS AND RDpCENOp 9 F` .
OUT FALL -UN=
TE
c3
1S4 g15 NCRE5
67184 V0 2267.
PG. 954 (100 R.O.W. N8
5j53�
GEpRGE�N/
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
C1
21'18'00"
1438.63'
3869.83'
586'10'16"W
1430.36'
C2
2'18'00"
228.39'
5689.58'
N79'24'20"E
228.38'
C3
15'32'25"
1049.63'
3869.83'
589'03'04"W
1046.41'
C4
0'27'14"
30.67'
3869.83'
S81'03'13"W
30.67'
C5
5'78'19"
358.33'
3869.83'
S78 -10'26"W
358.21'
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby certify
that this plat represents a survey made on the ground under my direct supervision, completed
on September B, 2003. At the time of this survey there were no encroachments, conflicts, or
protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the
benefit of a Title Commitment, and may be subject to Instruments of record not shown hereon.
USE OF THIS SURVEY FOR ANY PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND
UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
------5`- �3 -
SHNE SHAFE R.P.L,S, NO. 5281 ( DATE
A
OF
�P�P�GIS T CRe�
............................
SHANE SHAFER
............................
�'•:�0 5281 r.
l FES 510 •�O
pVrO SUVz
SCALE: 1'- 400'
0
5'10'44"W
NUM
BEARING
DISTANCE
L1
N80'33'20"E
60.95'
L2
SO4'01'38"W
54.56'
L3
S10'26'54"E
213.41'
L4
S15'54'36"E
68.10'
L5
S52'02'18"E
47.21'
L6
S55'33'05"E
180.02'
L7
S63 -35'20"E
158.47'
1-8
S61 *26'52"E
119.78'
L9
S35'59'45"E
132.35'
L10
S12'48'55"W
144.77'
1-11
S26'40'18"W
30.95'
L12
N80'33'20"E
95.40'
L13
N86'23'20"E
31.42'
DIAMOND SURVEYING, INC.
< , 316 LEANDER ROAD, GEORGETOWN, TX 78626
(512)931-3�w
SHEET 1 OF 1
EXHIBIT "C"
[FORM OF DEED CONVEYING PROPERTY FROM TEXAS PARKS & RECREATION
FOUNDATION TO THE CITY OF GEORGETOWN]
SPECIAL WARRANTY DEED
DATE:
GRANTOR: Texas Parks and Recreation Foundation, a Texas non-profit corporation
GRANTOR'S MAILING ADDRESS (including County):
GRANTEE: City of Georgetown, a Texas home -rule municipal corporation
GRANTEE'S MAILING ADDRESS (including County):
City of Georgetown
P.O. Box 409
Georgetown, Williamson County, Texas 78627
CONSIDERATION: $10.00 and any other good and valuable consideration.
PROPERTY (including any improvements):
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
GRANTOR reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or
drilling for same; however, nothing in this reservation shall affect the title and rights of the GRANTEE to take
and use all other minerals and materials thereon, therein and thereunder.
GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance
and warranty, grants, sells, and conveys to GRANTEE the property, together with all and singular the rights
and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE, GRANTEE'S
administrators, successors or assigns, forever. GRANTOR binds GRANTOR AND GRANTOR'S
administrators, successors or assigns to warrant and forever defend all and singular the property to
GRANTEE and GRANTEE'S administrators, successors and assigns against every person whomsoever
lawfully claiming or to claim the same of any part thereof, except as to the reservations from and exceptions
to conveyance and warranty, when the claim is by, through, or under GRANTOR, but not otherwise. Except
for the warranty of title set forth above, GRANTOR expressly disclaims all warranties of any nature, kind or
character whatsoever, express or implied, regarding the physical and environmental condition of the property
or the improvement on the property, including, without limitation, any warranties of habitability, merchantability
or fitness for a particular purpose, and GRANTEE accepts such property and improvements as an "as is --
where is" condition, with all faults.
Agreement with Teras Parka & Recreation Foundation - Page 3 of 4
TEXAS PARKS AND RECREATION FOUNDATION
By:_
Name:
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day of ,
by , a person known to me, in his capacity as of the Texas
Parks and Recreation Foundation, a Texas non-profit corporation, on behalf of said corporation.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
Georgetown City Secretary
P.O. Box 409
Georgetown, Texas 78627
Agreement with Texas Parks & Recreation Foundation - Page 4 of 4
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
CITY OF GEORGETOWN §
EXHIBIT
LEASE OF REAL PROPERTY
THIS LEASE is made on this day of , 2004, by and
between the CITY OF GEORGETOWN, a Texas home -rule municipal corporation
(hereinafter referred to as "City"), and the TEXAS PARKS AND RECREATION
FOUNDATION, a Texas non-profit corporation (hereinafter referred to as "Foundation").
The parties for and in consideration of the agreements set forth herein to be kept and
performed by them, respectively, have agreed to and do hereby agree as follows:
A. LEASE AGREEMENT. Foundation has leased and by these presents does
lease unto City the following property, to wit:
Being a 19.776 -acre tract of land situated in the Joseph Berry Survey, A-63,
Williamson County, Texas, being a portion of the 46.915 -acre Foundation
Property tract conveyed to the Texas Parks and Recreation Foundation by
deed recorded at Document No. 9533817, Official Records, Williamson
County, Texas, said 19.776 -acre tract being more particularly described by
metes and bounds on Exhibit "A" and by sketch on Exhibit "B" attached
hereto (the "Leased Premises").
B. TERM OF LEASE. The initial term of the Lease shall be for a period of five
(5) years, with an option to renew the lease upon the mutual consent of the parties. A
party may exercise this renewal option by giving written notice to the other at least sixty
(60) days prior to the expiration of the initial lease term.
C. CONSIDERATION. For and in consideration of this agreement, the City
agrees to (1) use the Leased Premises for public park, public recreation or public street
right-of-way purposes while held in trust by the Foundation; (2) reimburse the
Foundation for any ad valorem taxes or assessments which may be levied against the
Leased Premises while held in trust; (3) maintain the Leased Premises in a manner
which is consistent with the ordinances of the City and the requirements of any other
governmental agency having jurisdiction over the Leased Premises; (4) name the
Foundation and its Board of Directors as insureds on the City's insurance policy or
purchase a $1,000,000.00 liability insurance policy naming the Foundation and its
Board of Directors as insureds; (5) reimburse the Foundation for any expenses incurred
in holding the Leased Premises in trust for the City; and (6) indemnify the Foundation
against any expenses incurred as a result of federal, state, county and City
environmental or regulatory requirements.
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 1 of
D. ORDINANCES. This Lease Agreement is hereby made subject to the
limitations, conditions, and provisions of any ordinance of the City now or hereinafter
enforced relating to the rights of City.
E. IMPROVEMENTS. All additions, extensions, alterations, improvements,
repairs and restoration to and of said premises, now or hereafter made by City, and the
plans, construction, and workmanship therefor, shall be in accordance with the laws,
ordinances, and building rules and regulations applicable thereto, as well as all
requirements of any underwriters or board of insurance rating body necessary and
proper to make the Leased Premises a first class risk of its kind.
Prior to the performance of any of such work, City shall promptly pay all labor,
material, architect services, and superintendents employed in the performance of said
work and shall indemnify and save said Leased Premises harmless against any penalty,
claim, loss, damage, cost, attorney's fees, expenses, and mechanics or other liens
arising out of the performance of the work or out of any accident or other occurrence
connected therewith.
City shall not, in connection with said work or for any other purpose whatsoever,
create any lien upon the premises or upon any additions, extensions, alterations, or
improvements thereto or thereon or in any way encumber the same or Foundation's title
thereto.
F. CONDITION AND MAINTENANCE OF PREMISES. Foundation shall hold
the Leased Premises in trust as future parkland for the City. City has inspected the
Leased Premises and accepts them in their current condition. City will bring any
structure located thereon up to code within twenty-four (24) months from the execution
of this Lease Agreement. Foundation will, at no time during the term hereof, be at any
expense or have any duty whatsoever with regard to any existing structure or with
regard to any maintenance of or repairs to the Leased Premises whether currently
existing or not.
In the use, maintenance, repair, and policing of said Leased Premises adjoining
public areas and places, City shall not act to disturb or offend any adjacent property
owner.
G. NOTICES. Notices to the parties herein may be served by mailing a certified
copy, return receipt requested, to the following addresses:
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 2 of 4
Texas Parks and Recreation Foundation: City of Georgetown:
Al Johnson, Treasurer Randy Morrow
2100 E. Campbell Road, Suite 100 Director of Parks & Recreation
Richardson, Texas 75081 P.O. Box 409
Georgetown, Texas 78627
Either party may from time to time, upon written notice to the other party, change
the address to which notices by mail shall be sent.
SIGNED this the day of
CITY OF GEORGETOWN:
0
Gary Nelon, Mayor
ATTEST:
Sandra Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
/11•
TEXAS PARKS AND RECREATION
FOUNDATION:
0
Al Johnson, Treasurer
§ ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
2004, by Gary Nelon, Mayor of the City of Georgetown, a Texas home -
rule municipal corporation, on behalf of said municipality.
Notary Public, State of Texas
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 3 of 4
STATE OF TEXAS
§ ACKNOWLEDGMENT
COUNTY OF
This instrument was acknowledged before
2004, by
of the Texas Parks & Recreation
corporation, on behalf of said corporation.
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 4 of 4
me on the day of
Foundation, a Texas non-profit
Notary Public, State of Texas
EXHIBIT
9
METES AND BOUNDS DESCRIPTION
BEING A 19.776 -ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY
SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A 46.915 -ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS
AND RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO.
9533817 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
19.776 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE on a capped iron rod set on a point in
the southerly right-of-way line of F.M. Road No. 971, same being
the northeasterly corner of a 19.06 -acre tract of land conveyed
to Ted Kallus, et ux, by instruments recorded in Volume 2617,
Page 477, and Volume 2637, Page 737 of the Deed Records of
Williamson County, Texas, same being the northwesterly corner of
the said 46.915 -acre, from which a concrete monument found on the
southerly right-of-way line of F.M. Road No. 971 bears
S78°15120"W a distance of 2214.01 feet;
THENCE with the said southerly right-of-way line and northerly
boundary line of said 46.915 -acre tract the following three (3)
courses and distances:
1) N78°15'20"E for a distance of 531.59 feet to a concrete
monument found on a point being at the beginning of a
curve to the right;
2) Along the arc of said curve to the right an arc distance
of 228.39 feet, having a radius of 5689.58 feet, a delta
angle of 2°18100", and a chord which bears N79024120"E a
distance of 228.38 feet, to a concrete monument found;
3) N80*33'20"E for a distance of 95.40 feet to a capped iron
rod set on a point being the westerly corner of a 0.483 -
acre Right -of -Way Easement, recorded in Volume 506, Page
578 of said Deed Records, for an angle point hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract,
N86023120"E for a distance of 218.66 feet to a capped iron rod
set on a point being the northwesterly corner and POINT OF
BEGINNING hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract the
following two (2) courses and distances:
1) N86°23'20"E for a distance of 371.90 feet to a capped
iron rod set on a point being an angle point hereof;
1
2) N80°33'20"E for a distance of 60.95 feet to a point in
the centerline of Berry Creek being on the westerly
boundary line of a 25.55 -acre tract of land conveyed to
San Gabriel Investments, Ltd. by instrument recorded in
Document No. 2000085080 of the Official Records of
Williamson County, Texas, being the southeasterly corner
of said 0.483 -acre tract and the northeasterly corner of
said 46.915 -acre tract and northeasterly corner hereof;
THENCE with the easterly boundary line of said 46.915 -acre tract
and westerly boundary line of said 25.55 -acre tract and the
centerline of Berry Creek the following twelve (12) courses and
distances:
1)
SO4"01'38"W
for a
distance
of
54.56
feet to a
point;
2)
S10°26154"E
for a
distance
of
213.41
feet to
a point;
3)
S15°54136"E
for a
distance
of
68.10
feet to a
point;
4)
S52002 118"E
for a
distance
of
47.21
feet to a
point;
5)
S55033105"E
for a
distance
of
180.02
feet to
a point;
6)
S63035120"E
for a
distance
of
158.47
feet to
a point;
7)
S76054'45"E
for a
distance
of
417.21
feet to
a point;
8)
S75056153"E
for a
distance
of
484.69
feet to
a point;
9)
S61°26'52"E
for a
distance
of
119.78
feet to
a point;
10)
S35059145"E
for a
distance
of
132.35
feet to
a point;
11)
S12048 155"W
for a
distance
of
144.77
feet to
a point;
12)
S26040'18"W
for a
distance
of
30.95
feet to a
point being
the southeasterly
corner of
said
46.915
-acre
tract and
the southwesterly
corner of
said
25.55
-acre tract, being
on the northerly
boundary
line of Georgetown
Railroad
right-of-way,
100
feet in
width, conveyed in
Volume 2267,
Page 954 of
the Official Records of
Williamson County,
Texas, for
the southeasterly
corner
hereof;
THENCE with the southerly boundary line of said 46.915 -acre tract
and northerly boundary line of said Georgetown Railroad the
following two (2) courses and distance:
1) N83010144"W for a distance of 395.14 feet to an iron rod
found on a point being the beginning of a curve to the
left;
2) Along the arc of said curve to the left an arc distance
of 1049.63 feet, having a radius of 3869.83 feet, a
delta angle of 1503212511, and a chord which bears
S89°03'04"W a distance of 1046.41 feet to a capped iron
rod set on a point being the southwesterly corner
hereof;
2
THENCE leaving the northerly boundary line of said Georgetown
Railroad, through the interior of said 46.915 -acre tract
N20°55106"w for a distance of 1084.94 feet to the POINT OF
BEGINNING containing 19.776 acres of land, more or less.
DIAMOND SURVEYING, INC.
S16LEANDER ROAD, GEORGETOWN, 7X78626
(S12) 9-71-JIOV
N
SHANE-SHAFER, if.P.L.S. No. 5281
DSI 2003-69
3
SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION ,
BEING A 19.776 ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
A 46.915 ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 9533817 OF THE.
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
SURVEYOR'S NOTES,
ALL DOCUMENTS LISTED HEREON
ARE RECORDED IN THE OFFICE
OF THE COUNTY CLERK OF
WILLIAMSON COUNTY, TEXAS.
/W- Vpfcic--�
531.59'0"E
2214 Ot' W �N75715 2
57815 20 y BEGIN FOR
o, REFERENCE
`ap'.
N�5
p6E0 584
POINT OF R p6, PG'.ME�SE NT
3EGINNINGVO>j 1��� 0• 507
TED KALLUS, et ux
19.06 ACRES
VOL. 2617, PG. 477
VOL. 2637, PG. 737 %
v�
aeekr 575.3 1
3/4" W
K GEi
"i
218.66' _. 371.90'
N86'23'20"E X N86.23'20"E
LEGEND
DELTA
O = CAPPED IRON ROD SET
RADIUS
• = 1/2' IRON ROD FOUND
DISTANCE
A = CALCULATED POINT
21'18'00"
0 = IRON PIPE FOUND (SIZE STATED)
3869.83'
■ = CONCRETE RIGHT-OF-WAY
1430.36'
MONUMENT FOUND
SAN GABRIEL INVESTMENTS, LTD
25.55 ACRES
DOC. NO. 2000085080
0 19.776 ACRE 477`2-
FOUI`IDoN
ATI
�. NCREATIO g533g1'7
PARKS ANE
TF' d6 915 AC�� PG. 954
VOL. 2267,
APPROX. CENTERUNE
BERRY CREEK
484,
;�OCIA C33 - o- FALL - o
395 14
J
.W 671.15"
Rp\L� O�
(100=R.O.W.) NB3-10'44"yy v
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
C1
21'18'00"
1438.63'
3869.83'
S86'10'16"W
1430.36'
C2
2'18'00"
228.39'
5689.58'
N7924'20"E
228.38'
C3
15'32'25"
1049.63'
3869.83'
§89'03'04"W
1046.41'
C4
0'27'14"
30.67'
3869.83'
581'03'13"W
30.67'
CS
5'18'19"
358.33'
3869.83'
578'10'26"W
358.21'
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby certify
that this plat represents a survey made on the ground under my direct supervlslon, completed
on September 8, 2003. At the time of this survey there were no encroachments, conflicts, or
protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the
benefit of a Title Commitment, and may be subject to instruments of record not shown hereon.
USE OF THIS SURVEY FOR ANY PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND
UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
SHANE SHAPER, P.L,S, N0. 5281 DATE
�F-.••OF•.TF
�Q:•;EF-OI�gE;o :�9�
.................
SHANE SHAFER
..............................
5281
`9iyq�'cES 510OQ-
0 SUR`IF
SCALE. 1 400'
NUM
BEARING
DISTANCE
L1
N8033'20"E
60.95'
L2
SO4'01'38"W
54.56'
L3
S10'26'54"E
213.41'
L4
S1 5'54'36"E
68.10'
L5
S52'02'18"E
47.21'
L6
S55'33'05"E
180.02'
L7
S6335'20"E
158.47'
L8
S61'26'52"E
119.78'
L9
S35'59'45"E
132.35'
L10
512'48'55"W
144.77'
1-11
526'40'18"W
30.95'
L12
N80'33'20"E
95.40'
L13
N86'23'20"E
31.42'
DIAMOND SURVEYING, INC.
< X6 LRANDER ROAD, GEORGETOWN,TX 786x6
(9%)931-3M
SHEET 1 OF 1
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
CITY OF GEORGETOWN §
LEASE OF REAL PROPERTY
THIS LEASE is made on this day of , 2004, by and
between the CITY OF GEORGETOWN, a Texas home -rule municipal corporation
(hereinafter referred to as "City"), and the TEXAS PARKS AND RECREATION
FOUNDATION, a Texas non-profit corporation (hereinafter referred to as "Foundation").
The parties for and in consideration of the agreements set forth herein to be kept and
performed by them, respectively, have agreed to and do hereby agree as follows:
A. LEASE AGREEMENT. Foundation has leased and by these presents does
lease unto City the following property, to wit:
Being a 19.776 -acre tract of land situated in the Joseph Berry Survey, A-63,
Williamson County, Texas, being a portion of the 46.915 -acre Foundation
Property tract conveyed to the Texas Parks and Recreation Foundation by
deed recorded at Document No. 9533817, Official Records, Williamson
County, Texas, said 19.776 -acre tract being more particularly described by
metes and bounds on Exhibit "A" and by sketch on Exhibit "B" attached
hereto (the "Leased Premises").
B. TERM OF LEASE. The initial term of the Lease shall be for a period of five
(5) years, with an option to renew the lease upon the mutual consent of the parties. A
party may exercise this renewal option by giving written notice to the other at least sixty
(60) days prior to the expiration of the initial lease term.
C. CONSIDERATION. For and in consideration of this agreement, the City
agrees to (1) use the Leased Premises for public park, public recreation or public street
right-of-way purposes while held in trust by the Foundation; (2) reimburse the
Foundation for any ad valorem taxes or assessments which may be levied against the
Leased P remises w hile held in t rust; (3) m aintain the Leased Premises in a m anner
which is consistent with the ordinances of the City and the requirements of any other
governmental agency having jurisdiction over the Leased Premises; (4) name the
Foundation and its Board of Directors as insureds on the City's insurance policy or
purchase a $1,000,000.00 liability insurance policy naming the Foundation and its
Board of Directors as insureds; (5) reimburse the Foundation for any expenses incurred
in holding the Leased Premises in trust for the City; and (6) indemnify the Foundation
against any expenses incurred as a result of federal, state, county and City
environmental or regulatory requirements.
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page l of 4
D. ORDINANCES. This Lease Agreement is hereby made subject to the
limitations, conditions, and provisions of any ordinance of the City now or hereinafter
enforced relating to the rights of City.
E. IMPROVEMENTS. All additions, extensions, alterations, improvements,
repairs and restoration to and of said premises, now or hereafter made by City, and the
plans, construction, and workmanship therefor, shall be i n accordance with the laws,
ordinances, and building rules and regulations applicable thereto, as well as all
requirements of any underwriters or board of insurance rating body necessary and
proper to make the Leased Premises a first class risk of its kind.
Prior to the performance of any of such work, City shall promptly pay all labor,
material, architect services, and superintendents employed in the performance of said
work and shall indemnify and save said Leased Premises harmless against any penalty,
claim, loss, damage, cost, attorney's fees, expenses, and mechanics or other liens
arising out of the performance of the work or out of any accident or other occurrence
connected therewith.
City shall not, in connection with said work or for any other purpose whatsoever,
create any lien upon the premises or upon any additions, extensions, alterations, or
improvements thereto or thereon or in any way encumber the same or Foundation's title
thereto.
F. CONDITION AND MAINTENANCE OF PREMISES. Foundation shall hold
the Leased Premises in trust as future parkland for the City. City has inspected the
Leased Premises and accepts them in their current condition. City will bring any
structure located thereon up to code within twenty-four (24) months from the execution
of this Lease Agreement. Foundation will, at no time during the term hereof, be at any
expense or have any duty whatsoever with regard to any existing structure or with
regard to any maintenance of or repairs to the Leased Premises whether currently
existing or not.
In the use, maintenance, repair, and policing of said Leased Premises adjoining
public areas and places, City shall not act to disturb or offend any adjacent property
owner.
G. NOTICES. Notices to the parties herein may be served by mailing a certified
copy, return receipt requested, to the following addresses:
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 2 of 4
Texas Parks and Recreation Foundation: City of Georgetown:
Al Johnson, Treasurer Randy Morrow
2100 E. Campbell Road, Suite 100 Director of Parks & Recreation
Richardson, Texas 75081 P.O. Box 409
Georgetown, Texas 78627
Either party may from time to time, upon written notice to the other party, change
the address to which notices by mail shall be sent.
SIGNED this the day of
CITY OF GEORGETOWN:
0
Gary Nelon, Mayor
ATTEST:
Sandra Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carts, Brown & Carls, LLP
City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
2004.
TEXAS PARKS AND RECREATION
FOUNDATION:
By:
Name:
Title: l
§ ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
, 2004, by Gary Nelon, Mayor of the City of Georgetown, a Texas home -
municipal corporation, on behalf of said municipality.
Notary Public, State of Texas
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 3 of 4
STATE OF TEXAS §
n e� § ACKNOWLEDGMENT
COUNTY OF A7(l��J §
This instrument was acknowledged bogre me on the aT*Pk-Iday of
jjj%A 2004, by V_ i n..a.Q..r/ ,
0ktaLd4" ki of the Texas Parks & Recre on Foundation, a Texas non-profit
corporation, on behalf of said corporation
r-aOyc/
Notary Public, St of Texas
�o��""b.4, PATSY L. JOHNS "
®, Notary
StOty .
�'<o.N' Comm r _
Lease between Texas Parks and Recreation
Foundation and City of Georgetown
Page 4 of 4
EXHIBIT
///[ u
METES AND BOUNDS DESCRIPTION
BEING A 19.776 -ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY
SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A 46.915 -ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS
AND RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO.
9533817 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
19.776 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE on a capped iron rod set on a point in
the southerly right-of-way line of F.M. Road No. 971, same being
the northeasterly corner of a 19.06 -acre tract of land conveyed
to Ted Kallus, et ux, by instruments recorded in Volume 2617,
Page 477, and Volume 2637, Page 737 of the Deed Records of
Williamson County, Texas, same being the northwesterly corner of
the said 46.915 -acre, from which a concrete monument found on the
southerly right-of-way line of F.M. Road No. 971 bears
S78°15120"W a distance of 2214.01 feet;
THENCE with the said southerly right-of-way line and northerly
boundary line of said 46.915 -acre tract the following three (3)
courses and distances:
1) N78015120"E for a distance of 531.59 feet to a concrete
monument found on a point being at the beginning of a
curve to the right;
2) Along the arc of said curve to the right an arc distance
of 228.39 feet, having a radius of 5689.58 feet, a delta
angle of 2°18'00", and a chord which bears N79024120"E a
distance of 228.38 feet, to a concrete monument found;
3) N80033120"E for a distance of 95.40 feet to a capped iron
rod set on a point being the westerly corner of a 0.483 -
acre Right -of -Way Easement, recorded in Volume 506, Page
578 of said Deed Records, for an angle point hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract,
N86023'20"E for a distance of 218.66 feet to a capped iron rod
set on a point being the northwesterly corner and POINT OF
BEGINNING hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract the
following two (2) courses and distances:
1) N86°23'20"E for a distance of 371.90 feet to a capped
iron rod set on a point being an angle point hereof;
1
2) N80033120"E for a distance of 60.95 feet to a point in
the centerline of Berry Creek being on the westerly
boundary line of a 25.55 -acre tract of land conveyed to
San Gabriel Investments, Ltd. by instrument recorded in
Document No. 2000085080 of the Official Records of
Williamson County, Texas, being the southeasterly corner
of said 0.483 -acre tract and the northeasterly corner of
said 46.915 -acre tract and northeasterly corner hereof;
THENCE with the easterly boundary line of said 46.915 -acre tract
and westerly boundary line of said 25.55 -acre tract and the
centerline of Berry Creek the following twelve (12) courses and
distances:
1)
SO4°01138"W
for a
distance
of
54.56
feet to a point;
2)
S10°26154"E
for a
distance
of
213.41
feet to
a point;
3)
S15°54136"E
for a
distance
of
68.10
feet to a point;
4)
S52002118"E
for a
distance
of
47.21
feet to a point;
5)
S55033105"E
for a
distance
of
180.02
feet to
a point;
6)
S63035120"E
for a
distance
of
158.47
feet to
a point;
7)
S76054145"E
for a
distance
of
417.21
feet to
a point;
8)
S75056153"E
for a
distance
of
484.69
feet to
a point;
9)
S610261 52"E
for a
distance
of
119.78
feet to
a point;
10)
535059145"E
for a
distance
of
132.35
feet to
a point;
11)
S12048'55"W
for a
distance
of
144.77
feet to
a point;
12)
S26"40118"W
for a
distance
of
30.95
feet to a point being
the southeasterly
corner of
said
46.915
-acre
tract and
the southwesterly
corner of
said
25.55
-acre
tract, being
on the northerly
boundary
line
of Georgetown
Railroad
right-of-way,
100
feet in
width,
conveyed in
Volume 2267,
Page 954 of
the Official Records
of
Williamson County,
Texas, for
the southeasterly
corner
hereof;
THENCE with the southerly boundary line of said 46.915 -acre tract
and northerly boundary line of said Georgetown Railroad the
following two (2) courses and distance:
1) N83010'44"W for a distance of 395.14 feet to an iron rod
found on a point being the beginning of a curve to the
left;
2) Along the arc of said curve to the left an arc distance
of 1049.63 feet, having a radius of 3869.83 feet, a
delta angle of 15°32125", and a chord which bears
S89003104"W a distance of 1046.41 feet to a capped iron
rod set on a point being the southwesterly corner
hereof;
2
THENCE leaving the northerly boundary line of said Georgetown
Railroad, through the interior of said 46.915 -acre tract
N20055106"W for a distance of 1084.94 feet to the POINT OF
BEGINNING containing 19.776 acres of land, more or less.
o DIAMOND SURVEYING, INC.
516LF.ANDERROAD, GEORGETOWN, Tx 78626
(512) 014100
gl/.'flo 3
SHANESHAFER, FI P.L.S. No. 5281
DSI 2003-69
SHANE SHAFER
...........................
5281
SU
SKETCH TO ACCOMPANY MtTES AND BOUNDS DESCRIPTION
BEING A 19.776 ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY SURVEY, ABSTRACT NO, 63, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
A 46.915 ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 9533817 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
SURVEYOR'S NOTES:
ALL DOCUMENTS LISTED HEREON
ARE RECORDED IN THE OFFICE
OF THE COUNTY CLERK OF
WILLIAMSON COUNTY, TEXAS.
- W VPI" ,- ,
F% �01 CRO N7g15'20"E
221 , W
57875 20 y BEGIN FOR
No REFERENCE
o+.
N0
4.
TED KALLUS, et ux
19.06 ACRES
VOL. 2617, PG. 477
VOL. 2637, PG. 737 Id,
r6ockr
3/4' S
X GE%
i
0EE0 g54 _ LEGEND
R S11pPG.
1W EASENT / 0 = CAPPED IRON ROD SET
V� 1 VOL• 506, • = 1/2' IRON ROD FOUND
A =CALCULATED POINT
L1 ® = IRON PIPE FOUND (SIZE STATED)
�_.. N
371.90', ■ = CONCRETE RIGHT-OF-WAY
N8620"E MONUMENT FOUND
SAN GABRIEL INVESTMENTS, LTD
25.55 ACRES
DOC. N0. 2000085080
`APPROX. CENTERLINE
S76.54'ac„� / BERRY CREEK
o� 19.776 ACRE 417.21' S7656,53 E
UNDATION 484.69' 46
!'Q
AND RDOBET Oo g -- FO
3 ouT FALL LINE
5 0
5 pp,R5 NEW C3 -ass. a-
46 g.1G 954 (100' R 0 W) N
VOL. 2267, ? 83 10 44"W
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
C1
21'18'00"
1438.63'
3869.83'
S86'1O'16"W
1430.36'
C2
2'18'00"
228.39'
5689.58'
N7924'20"E
228.38'
C3
15'32'25"
1049.63'
3869.83'
589'03'04"W
1046.41'
C4
0'27'14"
30.67'
3869.83'
S81'03'13"W
30.67'
C5
5'18'19"
358.33'
3869.83'
S78'1 0'26"W
358.21'
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby certify
that this plat represents a survey made on the ground under my direct supervision, completed
on September 8, 2003. At the time of this survey there were no encroachments, conflicts, or
protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the
benefit of a Title Commitment, and may be subject to Instruments of record not shown hereon,
USE OF THIS SURVEY FOR ANY PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND
UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
'& ---------- --------- -9-S
o3
-----------DSHANE SHAFATE
F
SHANE SHAFER
C' 5281
5 1,?••• O
suR��
SCALE: 1'= 400'
NUM
BEARING
DISTANCE
L1
N80'33'20"E
60.95'
L2
SO4'01'38"W
54.56'
L3
S1 0'26'54"E
213.41'
L4
S1 5-54'36"E
68.10'
L5
S52'02'1WE
47.21'
L6
S55'33'05"E
180.02'
L7
S63'35'20"E
158.47'
L8
S61 *26'52"E
119.78'
L9
S35'59'45"E
132.35'
L10
512'48'55"W
144.77'
1-11
S26'40'1 8"W
30.95'
L12
N80'33'20"E
95.40'
L13
N86'23'20"E
31.42'
DIAMOND SURVEYING, INC.
< X6 LEANDER ROAD, GEORGMP .T 786.6
(5-2)9313100
SHEET 1 OF 1
Council Meeting Date: April 13, 2004 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to authorize the lease of a
portion of the City's Pecan Branch Wastewater Treatment Plant site,
and the sublease of the adjacent 19.776 -acre parkland tract
currently leased by the City from the Texas Parks and Recreation
Foundation ("Foundation"), to Pope Materials, Inc.
ITEM SUMMARY:
Mr. B.R. Pope of Pope Materials, Inc. has requested to lease
from the City the pasture area of the Pecan Branch WWTP site and
adjacent parkland tract for grazing livestock and harvesting hay.
Since the City of Georgetown leases a portion of the parkland tract
from the Foundation, both a direct lease of a portion of the WWTP
site and and a sublease of the parkland tract are necessary to
effect the transaction. The proposed lease and sublease authorize
Mr. Pope to graze livestock and harvest hay on the property
described in the attached documents.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
None
COMMENTS:
ATTACHMENTS:
Proposed lease
Proposed sublease
Submitted By: Jim Briggs, Assistant City Manager for Utilities
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § LEASE AGREEMENT
CITY OF GEORGETOWN §
THIS LEASE is made on this day of , 2004, by and between the
City of Georgetown, a Texas home -rule municipal corporation ("Lessor') and Pope Materials, hic.,
a Texas corporation ("Lessee"). The parties for and in consideration of the agreements herein set
forth to be kept and performed by them respectively have agreed to and do hereby agree together as
follows:
WHEREAS, Lessor has leased and by these presents does lease to Lessee the following
described real property, to wit:
The pasture area located outside a security fence surrounding the Pecan Branch
Wastewater Treament Plant facilities located on a 26.466 -acre tract of land situated
in the Joseph Berry Survey, Abstract No. 63, Williamson County, Texas, said
26.466 acre tract being described as Tract One in a deed to the City of Georgetown
recorded in Document No. 2004020462 of the Official Records of Williamson
County, Texas, said 26.466 -acre tract of land being more particularly described by
metes and bounds on Exhibit "A" attached hereto (the "Leased Premises"); and
A. LEASE AGREEMENT. Lessor has and by these presents does lease unto Lessee the
Leased Premises (the "Lease").
B. TERM OF LEASE. The initial term of the Lease shall be for a period of five (5) years,
commencing April 1, 2004 and ending on March 31, 2009. Lessee may request a renewal and/or
extension of this Lease in writing to Lessor's Assistant City Manager for Utility Operations at least
thirty (30) days prior to the expiration of this Lease. Upon approval by Lessor's Assistant City
Manager for Utility Operations, or his designee, and Lessor, the Lease shall continue under the
same terms and conditions.
C. CONSIDERATION. In exchange for use of the Leased Premises for the purposes
stated herein, Lessee agrees to erect and maintain appropriate fencing, to include locking gates
where necessary, maintain existing cattle guards for the safety and containment of livestock and to
secure access to the Leased Premises, as well as provide pasture shredding and/or hay cutting and
baling as needed.
D. FEDERAL, STATE AND LOCAL LAWS. This Lease is hereby made subject to
compliance with any federal, state or local laws regarding the use of Leased Premises.
E. CONDITION AND MAINTENANCE OF LEASED PREMISES. Lessee has
inspected the Leased Premises and accepts the Leased Premises in its existing condition as of the
Pope Lease — portion of Pecan Branch W WTP site
Page 1 of 3
date of execution of this Lease. Lessee will begin maintenance of the Leased Premises from the
date of execution of this Lease. Lessee agrees to maintain the Leased Premises in an
environmentally safe condition and to keep i t free from any hazardous conditions or conditions
which may constitute a nuisance. hi the use, maintenance, repair, and policing of said Leased
Premises adjoining public areas and places, Lessee shall not act to disturb or offend any adjacent
property owner.
F. TERMINATION. This Lease shall terminate upon expiration of the Lease term, unless
renewed or extended as outlined above or, if at any time during the term of this Lease, Lessee shall
be in default of the performance of any of the agreements contained herein, after notice thereof in
writing has been given by Lessor to Lessee. Either party may terminate this Lease for any reason
upon thirty (30) days written notice to the other party.
G. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign this Lease or any interest therein without first obtaining
the written consent of the Lessor.
2. Lessee shall not have the right to sublet the Leased Premises or any portion of the
Leased Premises without first obtaining the written consent of the Lessor.
3. Any assignment or subletting of this Lease without the express written consent of
the Lessor shall be cause for termination of this Lease.
H. RELEASE OF LIABILITY. Lessor will not be liable to Lessee, or any of its agents,
employees, servants, invitees or patrons, for any damage to persons or property due to the
condition, design, or any defect in any structure or its mechanical systems that may exist or
subsequently occur, including, but not limited to any and all liability from any accident, incident,
injury or death or damage to livestock grazing on the Leased Premises, or drinking effluent water
released on the Leased Premises or any claim arising from the proximity to the Pecan Branch
Wastewater Treatment Plant and related discharge. Lessee, with respect to itself and its agents,
employees, servants, invitees and patrons, assumes all risks and damage to persons and property,
either proximate or remote, by reason of the present or future condition of the Leased Premises.
Lessee will indemnify and hold Lessor harmless from all claims, actions, damages, liabilities and
expenses asserted against the Lessor on account of injuries to person or damage to property to
the extent that any such damage or injury may be caused, either proximately or remotely, by any
act or omission, whether negligent or not, of Lessee or any of its agents, servants, employees,
contractors, patrons, or invitees (while such invitees are on the Leased Premises) or of any other
person entering upon the Leased Premises under or with Lessee's express or implied invitation,
or if such injury or damage may in any other way arise out of the occupancy or use of Lessee, its
agents, employees, and invitees of the Leased Premises. This paragraph is for the benefit of the
Lessor of the Leased Premises only, and no right of action will accrue under this paragraph to any
third party by way of subrogation or otherwise. Lessee hereby acknowledges by signing this
Pope Lease — portion of Pecan Branch W WTP site
Page 2 of 3
Lease that the water released from the Pecan Branch Wastewater Treatment Plant is effluent treated
to State requirements.
I. NOTICES. Notices to the parties herein may be served by mailing a certified copy,
return receipt requested, to the following addresses:
LESSOR:
City of Georgetown
P.O. Box 409
Georgetown, TX 78627
ATTN: Jim Briggs, Assistant City
Manager for Utility Operations
LESSEE:
Pope Materials, Inc.
P.O. Box 1151
Georgetown, TX 78627
ATTN: B.R. Pope
Either party may from time to time, upon written notice to the other party, change the
address to which notices by mail shall be sent.
SIGNED this the day of
LESSOR:
CITY OF GEORGETOWN
Jim Briggs, Assistant City
Manager for Utility Operations
ATTEST:
Sandra D. Lee, City Secretary
Pope Lease —portion of Pecan Branch WWTP site
Page 3 of 3
KOXF
LESSEE:
POPE MATERIALS, INC.
R. Scott Pope, President
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP,
City Attorney
EXHIBIT
METES AND BOUNDS DESCRIPTION
BEING A 26.466 -ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY
SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A 46.915 -ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS
AND RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO.
9533817 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
26.466 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING on a capped iron rod set on a point in the southerly
right-of-way line of F.M. Road No. 971, same being the
northeasterly corner of a 19.06 -acre tract of land conveyed to
Ted Kallus, et ux, by instruments recorded in Volume 2617, Page
477, and Volume 2637, Page 737 of the Deed Records of Williamson
County, Texas, same being the northwesterly corner of the said
46.915 -acre, for the northwesterly corner and POINT OF BEGINNING
hereof, from which a concrete monument found on the southerly
right-of-way line of F.M. Road No. 971 bears S78°15120"W a
distance of 2214.01 feet;
THENCE with the said southerly right-of-way line and northerly
boundary line of said 46.915 -acre tract the following three (3)
courses and distances:
1) N78015120"E for a distance of 531.59 feet to a concrete
monument found on a point being at the beginning of a
curve to the right;
2) Along the arc of said curve to the right an arc distance
of 228.39 feet, having a radius of 5689.58 feet, a delta
angle of 2018100", and a chord which bears N79024120"E a
distance of 228.38 feet, to a concrete monument found;
3) N80°33'20"E for a distance of 95.40 feet to a capped iron
rod set on a point being the westerly corner of a 0.483 -
acre Right -of -Way Easement, recorded in Volume 506, Page
578 of said Deed Records, for an angle point hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract,
N86'23'20"E for a distance of 187.24 feet to a capped iron rod
set on a point being the northeasterly corner hereof;
THENCE departing the southerly boundary line of said 0.483 -acre
tract, through the interior of said 46.915 -acre tract,
S20055'06"E for a distance of 1087.93 feet to a capped iron rod
set on a point being in the southerly boundary line of the said
46.915 -acre tract and the northerly boundary line of Georgetown
Railroad right-of-way, 100 feet in width, conveyed in Volume
1
2267, Page 954 of the Official Records of Williamson County,
Texas, for the beginning of a curve to the left and the
southeasterly corner hereof;
THENCE with the northerly boundary line of the said Georgetown
Railroad and the southerly boundary line of said 46.915 -acre
tract the following two (2) courses and distances:
1) Along the arc of said curve to the left an arc distance
of 358.33 feet, having a radius of 3869.83 feet, a delta
angle of 5°18'19", and a chord which bears S78010126"W a
distance of 358.21 feet to a capped iron rod set on a
point at the end of said curve;
2) S75031116"W for a distance of 671.84 feet to a 3/4" iron
pipe found on a point being the southeasterly corner of
aforementioned 19.06 -acre Kallus tract, the southwesterly
corner of said 46.915 -acre tract and southwesterly corner
hereof;
THENCE with the easterly boundary line of said 19.06 -acre Kallus
tract and the westerly boundary line of said 46.915 -acre tract,
N20°56'20"W for a distance of 1156.33 feet to the POINT OF
BEGINNING containing 26.466 acres of land, more or less.
o DIAMOND SURVEYING, INC.
516LE4NDER ROAD, GEORGETOWN, TX 78626
(512) 931-3100
D
SHANE SHAFER, A.P.L.S. No. 5281 ` /"Date
TPRF 26.466 AC. TRACT
Pa
SKETCH TO ACCOMPAN) ,., 7ES AND BOUNDS DESCRIPTION
BEING A 26.466 ACRE TRACT OF LAND SITUATED IN THE JOS, BERRY SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
A 46.915 ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 9533817 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
SURVEYOR'S NOTES, 0 0 G g8A `-NT
.ARE REECORDEDALL SIN LISTED
OFFIIC(°N R W 50 �, �ARws) � Lo. 506, SPS E57
OF THE COUNTY CLERK OF v0�/R p'W• NL L1
WILLIAMSON COUNTY, TEXAS. L12
� 1 C2 403.32'
ANO 9� 187.24' N86'23'20"E
FM N86'23'20"E w
LEGEND
0 = CAPPED IRON ROD SET
• = 1/2' IRON ROD FOUND
= CALCULATED POINT
OO = IRON PIPE FOUND (SIZE STATED)
IN = CONCRETE RIGHT-OF-WAY
MONUMENT FOUND
531.590"E ,A SAN GABRIEL INVESTMENTS, LTD
2214 01' Nj8.15 2
S7815'20"W1- POINT OF
r'o BEGINNING
u`
G+,
Nom:
TED KALLUS, et uX
19.06 ACRES
VOL. 2617, PG. 477
VOL. 2637, PG. 737
26.466 ACRE
D
TEA'S 6 gg5 SA RES
25.55 ACRES
DOC. NO. 2000085080
(� APPROX. CENTERLINE
S76 $4.4$"E BERRY CREEK
4j7 21' S75.
56'S3 E
TIpN Fo uSDA 1()14 484.69• (8 `
OC ENp. g533�ouT FALu- _ o
C3 3995 J
4 G
G 4
1'16"W 671 SA VOL�6��
W5'3
G-75 P7
GEOK%
i
i
i
100' R.O.W. '14
N83'10'44"yy �
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
C1
2118'00"
1438.63'
3869.83'
586'10'16"W
1430.36'
C2
218'00"
228.39'
5689.58'
N79'24'20"E
228.38'
C3
15'32'25"
1049.63'
3869.83'
589'03'04"W
1046.41'
C4
0'27'14"
30.67'
3869.83'
SS1'03'13"W
30.67'
C5
5'18'19"
358.33'
3869.83'
578'10'26"W
358.21'
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby certify
that this plat represents a survey made on the ground under my direct supervision, completed
on September 8, 2003. At the time of this survey there were no encroachments, conflicts, or
protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the
benefit of a Title Commitment, and may be subject to Instruments of record not shown hereon.
USE OF THIS SURVEY FOR ANY PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND
UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
_ _ -------------- Y
SHANE SHAFERR,P,L.S, N0. 5281 �ATE
s Tr
rAP'"0-G1 RTFa +9P
..:.....................:..
SHANE SHAFER
............................
5281
<�FES510aP
SCALE: 1'- 400'
NUM
BEARING
DISTANCE
L1
NSO'33'20"E
60.95'
L2
S04101'38"W
54.56'
L3
S10'26'54"E
213.41'
L4
S15'54'36"E
68.10'
L5
S52'02'18"E
47.21'
L6
S55'33'05"E
180.02'
L7563'35'20"E
158.47'
LS
S6126'52"E
119.78'
L9
S35'59'45"E
132.35'
L10
512'48'55"W
144.77'
L11
526'40'18"W
30.95'
L12
N80'33'20"E
95.40'
L13
N86'23'20"E
31.42'
DIAMOND SURVEYING, INC.
< > 5,6 LEANDER ROAD, GEORGETONTI, T% 7R6 6
(5�-) 93�3-
SHEET 1 OF 1
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § SUBLEASE AGREEMENT
CITY OF GEORGETOWN §
THIS SUBLEASE is made on this day of , 2004, by and between
the City of Georgetown, a Texas home -rule municipal corporation ("Sublessor") and Pope
Materials, hic., a Texas corporation ("Sublessee"). The parties for and in consideration of the
agreements herein set forth to be kept and performed by them respectively have agreed to and do
hereby agree together as follows:
WHEREAS, Sublessor currently leases the following described real property from the
Texas Parks and Recreation Foundation (the "Lessor") pursuant to an existing lease between the
parties (the "Main Lease") in substantially the same form as attached hereto as Exhibit "A":
Being 19.776 acres of land situated in the Joseph Berry Survey, A-63, Williamson
County, Texas, conveyed to the Texas Parks and Recreation Foundation on
August 7, 1995 by Alex Amir Bastanjoo and wife, Michelle M. Bastanjoo, by
deed recorded at Document No. 9533817, Official Records of Williamson
County, Texas; said 19.776 -acre tract being more fully described by metes and
bounds in Exhibit "A" attached to said Main Lease (the "Leased Premises"); and
WHEREAS, Sublessee desires to sublease the Leased Premises from Sublessor for
purposes of grazing livestock and harvesting hay; and
WHEREAS, Lessor authorized the sublease of the Leased Premises at its November 14,
2003 Board meeting.
A. S UBLEASE A GREEMENT. Sublessor has and by these presents does lease unto
Sublessee the Leased Premises (the "Sublease").
B. TERM OF LEASE. The initial term of the Sublease shall be for a period of five (5)
years, commencing April 1, 2004 and ending on March 31, 2009. Sublessee may request a renewal
and/or extension of this Sublease in writing to Sublessor's Assistant City Manager for Utility
Operations at least thirty (30) days prior to the expiration of this Sublease. Upon approval by
Sublessor's Assistant City Manager for Utility Operations, or his designee, and Lessor, the Sublease
shall continue under the same terms and conditions.
C. CONSIDERATION. In exchange for use of the Subleased Premises for the purposes
stated herein, Sublessee agrees to erect and maintain appropriate fencing, to include locking gates
where necessary, maintain existing cattle guards for the safety and containment of livestock and to
secure access to the Subleased Premises, as well as provide pasture shredding and/or hay cutting
and baling as needed.
Pope Sublease
Page 1 of 3
D. FEDERAL, STATE AND LOCAL LAWS. This Sublease is hereby made subject to
compliance with any federal, state or local laws regarding the use of Subleased Premises.
E. CONDITION AND MAINTENANCE OF SUBLEASED PREMISES. Sublessee
has inspected the Subleased Premises and accepts the Subleased Premises in its existing condition
as of the date of execution of this Sublease. Sublessee will begin maintenance of the Subleased
Premises from the date of execution of this Sublease. Sublessee agrees to maintain the Subleased
Premises in an environmentally safe condition and to keep it free from any hazardous conditions or
conditions which may constitute a nuisance. In the use, maintenance, repair, and policing of said
Subleased Premises adjoining public areas and places, Sublessee shall do not act to disturb or offend
any adjacent property owner.
F. TERMINATION. This Sublease shall terminate upon expiration of the Sublease term,
unless renewed or extended as outlined above or, if at any time during the term of this Sublease,
Sublessee shall be in default of the performance of any of the agreements contained herein, after
notice thereof in writing has been given by Sublessor to Sublessee. If the Main Lease is canceled
or terminated before its expiration date and before the expiration date of this Sublease or any
extensions and renewals, or if the Main Lease is surrendered, whether voluntarily, involuntarily,
or by operation of law, this Sublease and Sublessee's right to possession shall terminate at the
same time. Either party may terminate this Sublease for any reason upon thirty (30) days written
notice to the other party.
G. ASSIGNMENT AND SUBLETTING.
1. Sublessee shall not assign this Sublease or any interest therein without first
obtaining the written consent of the Sublessor.
2. Sublessee shall not have the right to sublet the Subleased Premises or any portion
of the Subleased Premises without first obtaining the written consent of the
Sublessor.
3. Any assignment of subletting of this Sublease without the express written consent
of the Sublessor shall be cause for termination of this Sublease.
H. RELEASE OF LIABILITY. Notwithstanding any contrary provision of the Main
Lease, neither the Lessor nor the Sublessor will be liable to Sublessee, or any of its agents,
employees, servants, invitees or patrons, for any damage to persons or property due to the
condition, design, or any defect in any structure or its mechanical systems that may exist or
subsequently occur, including, but not limited to any and all liability from any accident, incident,
injury or death or damage to livestock grazing on the Subleased Premises, or drinking effluent water
released on the Subleased Premises or any claim arising from the proximity to the Pecan Branch
Wastewater Treatment Plant and related discharge. Sublessee, with respect to itself and its agents,
employees, servants, invitees and patrons, assumes all risks and damage to persons and property,
either proximate or remote, by reason of the present or future condition of the Subleased
Premises. Sublessee will indemnify and hold Sublessor and Lessor harmless from all claims,
Pope Sublease
Page 2 of 3
actions, damages, liabilities and expenses asserted against the Sublessor or Lessor on account of
injuries to person or damage to property to the extent that any such damage or injury may be
caused, either proximately or remotely, by any act or omission, whether negligent or not, of
Sublessee or any of its agents, servants, employees, contractors, patrons, or invitees (while such
invitees are on the Subleased Premises) or of any other person entering upon the Subleased
Premises under or with Sublessee's express or implied invitation, or if such injury or damage
may in any other way arise out of the occupancy or use of Sublessee, its agents, employees, and
invitees of the Subleased Premises. This paragraph is for the benefit of the Sublessor and Lessor
of the Subleased Premises only, and no right of action will accrue under this paragraph to any
third party by way of subrogation or otherwise. Sublessee hereby acknowledges by signing this
Sublease that the water released from the Pecan Branch Wastewater Treatment Plant is effluent
treated to State requirements.
I. NOTICES. Notices to the parties herein may be served by mailing a certified copy,
return receipt requested, to the following addresses:
LESSOR:
City of Georgetown
P.O. Box 409
LESSEE:
Pope Materials, Inc.
P.O. Box 1151
Georgetown, TX 78627 Georgetown, TX 78627
ATTN: Jim Briggs, Assistant City ATTN: B.R. Pope
Manager for Utility Operations
Either party may from time to time, upon written notice to the other party, change the
address to which notices by mail shall be sent.
SIGNED this the day of 12004.
SUBLESSOR: SUBLESSEE:
CITY OF GEORGETOWN POPE MATERIALS, INC.
M
Jim Briggs, Assistant City
Manager for Utility Operations
ATTEST:
Sandra D. Lee, City Secretary
Pope Sublease
Page 3 of 3
Lo
R. Scott Pope, President
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP,
City Attorney
EXHIBIT
9
METES AND BOUNDS DESCRIPTION
BEING A 19.776 -ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY
SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A 46.915 -ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS
AND RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO.
9533817 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
19.776 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE on a capped iron rod set on a point in
the southerly right-of-way line of F.M. Road No. 971, same being
the northeasterly corner of a 19.06 -acre tract of land conveyed
to Ted Kallus, et ux, by instruments recorded in Volume 2617,
Page 477, and Volume 2637, Page 737 of the Deed Records of
Williamson County, Texas, same being the northwesterly corner of
the said 46.915 -acre, from which a concrete monument found on the
southerly right-of-way line of F.M. Road No. 971 bears
S78°15120"W a distance of 2214.01 feet;
THENCE with the said southerly right-of-way line and northerly
boundary line of said 46.915 -acre tract the following three (3)
courses and distances:
1) N78°15120"E for a distance of 531.59 feet to a concrete
monument found on a point being at the beginning of a
curve to the right;
2) Along the arc of said curve to the right an arc distance
of 228.39 feet, having a radius of 5689.58 feet, a delta
angle of 2'18'00", and a chord which bears N79024'20"E a
distance of 228.38 feet, to a concrete monument found;
3) N80033'20"E for a distance of 95.40 feet to a capped iron
rod set on a point being the westerly corner of a 0.483 -
acre Right -of -Way Easement, recorded in Volume 506, Page
578 of said Deed Records, for an angle point hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract,
N86023'20"E for a distance of 218.66 feet to a capped iron rod
set on a point being the northwesterly corner and POINT OF
BEGINNING hereof;
THENCE with the southerly boundary line of said 0.483 -acre tract
and northerly boundary line of said 46.915 -acre tract the
following two (2) courses and distances:
1) N86023120"E for a distance of 371.90 feet to a capped
iron rod set on a point being an angle point hereof;
1
2) N80033120"E for a distance of 60.95 feet to a point in
the centerline of Berry Creek being on the westerly
boundary line of a 25.55 -acre tract of land conveyed to
San Gabriel Investments, Ltd. by instrument recorded in
Document No. 2000085080 of the Official Records of
Williamson County, Texas, being the southeasterly corner
of said 0.483 -acre tract and the northeasterly corner of
said 46.915 -acre tract and northeasterly corner hereof;
THENCE with the easterly boundary line of said 46.915 -acre tract
and westerly boundary line of said 25.55 -acre tract and the
centerline of Berry Creek the following twelve (12) courses and
distances:
1)
SO4°01'38"W
for a
distance
of
54.56 feet to a
point;
2)
S10°26154"E
for a
distance
of
213.41 feet to
a point;
3)
S15°54136"E
for a
distance
of
68.10 feet to a
point;
4)
S52002118"E
for a
distance
of
47.21 feet to a
point;
5)
S55033105"E
for a
distance
of
180.02 feet to
a point;
6)
S63035120"E
for a
distance
of
158.47 feet to
a point;
7)
S76054'45"E
for a
distance
of
417.21 feet to
a point;
8)
S75056153"E
for a
distance
of
484.69 feet to
a point;
9)
S61026152"E
for a
distance
of
119.78 feet to
a point;
10)
S35°59145"E
for a
distance
of
132.35 feet to
a point;
11)
S12048155"W
for a
distance
of
144.77 feet to
a point;
12)
S26040118"W
for a
distance
of
30.95 feet to a
point being
the southeasterly
corner of said
46.915 -acre
tract and
the southwesterly
corner of said
25.55 -acre tract, being
on the northerly
boundary
line
of Georgetown
Railroad
right-of-way,
100
feet in
width,
conveyed in
Volume 2267,
Page 954 of
the Official Records
of Williamson County,
Texas, for
the southeasterly
corner hereof;
THENCE with the southerly boundary line of said 46.915 -acre tract
and northerly boundary line of said Georgetown Railroad the
following two (2) courses and distance:
1) N83°10'44"W for a distance of 395.14 feet to an iron rod
found on a point being the beginning of a curve to the
left;
2) Along the arc of said curve to the left an arc distance
of 1049.63 feet, having a radius of 3869.83 feet, a
delta angle of 15032'25", and a chord which bears
S89003104"W a distance of 1046.41 feet to a capped iron
rod set on a point being the southwesterly corner
hereof;
2
THENCE leaving the northerly boundary line of said Georgetown
Railroad, through the interior of said 46.915 -acre tract
N20055106"W for a distance of 1084.94 feet to the POINT OF
BEGINNING containing 19.776 acres of land, more or less.
o DIAMOND SURVEYING, INC.
516LEANDER ROAD, GEORGETOWN, TX 78626 .o F
(512) 991-3100 �,Sy�"
SHANE SHAFER, R.P.L.S. No. 5281
DSI 2003-69
01
SHANE SHAFER
..........................
.iA 5281
'0 3
to
SU
SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION
BEING A 19.776 ACRE TRACT OF LAND SITUATED IN THE JOS. BERRY SURVEY, ABSTRACT NO. 63, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
A 46.915 ACRE TRACT OF LAND CONVEYED TO TEXAS PARKS RECREATION FOUNDATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 9533817 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
SURVEYOR'S NOTES,
ALL DOCUMENTS LISTED HEREON
ARE RECORDED IN THE OFFICE
OF THE COUNTY CLERK OF
WILLIAMSON COUNTY, TEXAS.
9'7 0.rr
FM2'Z 010W
S., 20 y
N0
N
NO
ik
pEEO 584 _ LEGEND
POINT OF R• .44- PG'. �NT O =CAPPED IRON ROD SET
BEGINNING V0\� 11� R.O.N• - 578
�1 VOL. 50 • = 1/2' IRON ROD FOUND
A = CALCULATED POINT
L1 ® = IRON PIPE FOUND (SIZE STATED)
_C2 L12 N
218.66' 371.90 -' ■ =CONCRETE RIGHT-OF-WAY
N86'23'20"E N86 -23'20"E MONUMENT FOUND
N18"1620E
BEGIN FOR
REFERENCE
TED KALLUS, et ux
19.06 ACRES
VOL. 2617, PG. 477
VOL. 2637, PG. 737 u�
SAN GABRIEL INVESTMENTS, LTD
25.55 ACRES
DOC. NO. 2000085080
S�6 �APPBERRYC CENTERLINE
5445 „E
19.776 ACRE 417.21• 57556,53"E
ATIOE 484.68 48
gECREAToO g FG3= 9
pARKs ANE DOC N C3 OUT FALL- _ o
IT 48.915 pCR S 395. 4 -
VOL. 2267,PG. 954 (100 ROW,=3.1044"W
31.16-vr - 0/ i
i i3/4")
GEORG�
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
Cl
21'18'00"
1438.63'
3869.83'
S86'10'16"W
1430.36'
C2
2'18'00"
228.39'
5689.58'
N79'24'20"E
228.38'
C3
15'32'25"
1049.63'
3869.83'
589'03'04"W
1046.41'
C4
0'27'14"
30.67'
3869.83'
S81'03'1 3"W
30.67'
C5
5'18'19"
358.33'
3869.83'
S78'1 0'26"W
358.21'
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby certify
that this plat represents a survey made on the ground under my direct supervision, completed
on September 8, 2003. At the time of this survey there were no encroachments, conflicts, or OF
protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the
•��•••"'••
benefit of a Title Commitment, and may be subject to Instruments of record not shown hereon. A,P•e�,Gl$TfRFO'•'
USE OF THIS SURVEY FOR ANY PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND fid: .N
UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. ...............
SHANE SHAFER
SCAB: l'- 400'
NUM
BEARING
DISTANCE
L1
N80'33'20"E
60.95'
L2
SO4'011 '38"W
54.56'
L3
S10'26'54"E
213.41'
L4
S15'54'36"E
68.10'
L5
S52'02'18"E
47.21'
L6
S55'33'05"E
180.02'
L7
S63'35'20"E
158.47'
L8
S61'26'52'E
119.78'
L9
S35'59'45"E
132.35'
L10
S12'48'55"W
144.77'
L11
S26'40'18"W
30.95'
L12
N80'33'20"E
95.40'
L13
N86'23'20"E
31.42'
�':'Ao...........P. c/ DIAMOND SURVEYING, INC.
' 5281
9�� 0 9jL'• °f$$1��•y� \,y6LEANDERROAD. GEORGEIOWN,I 7B 6
(5,2)93,-3,
--- ---- - -------------------1 00
SHANE SH --R, P,L.S. N0. 5281 DATE SHEET 1 OF 1 -
i
Council Meeting Date: April 13, 2004
AGENDA ITEM COVER SHEET
Item No. _
SUBJECT:
Council consideration and possible action to allow Don Hewlett Chevrolet Oldsmobile Buick,
Inc. ("Hewlett") to assume ownership and maintenance of the regional detention and water quality
pond located on Lot 5 in Midway Business Park.
During the development of Midway Business Park along IH 35, the City of Georgetown was given
ownership of Lot 5 per a development agreement with the prior owners, Byron and Marilyn
Fullerton. As part of the Texas Community Development Program, the City of Georgetown entered
into a contract with the Texas Department of Commerce to receive a grant to construct
infrastructure improvements serving the development. . Part of these public improvements were the
water quality and detention pond on Lot 5 that serves all of the development. All of the
requirements for the grant have been met and the contract expired in 2000. The two ponds are
presently being maintained by the City of Georgetown's Drainage Department.
Hewlett is proposing to assume ownership and maintenance of Lot 5 and the ponds. Hewlett has
plans to construct a new Hummer showroom on Lots 2, 3 and 4. As part of the construction, Hewlett
would like to reconfigure the detention and water quality ponds so the structures take up less
area and leave more space for the proposed development. Hewlett will ensure the newly -designed
facility meets all of the City and TCEQ water quality and storage requirements. Once the
property has been conveyed to Hewlett, it will notify TCEQ that it is the party responsible for
the operation and maintenance of the pond.
The present design of the stormwater facilities on this property has caused considerable
costly maintenance problems. Eroding drainage ditches choke the pond with excess silt and
debris. Ground water prevents the pond from draining for long periods of time allowing the water
to become stagnant and requires pumping. This pond needs to be redesigned and replaced with a
more modern functional pond.
Lot 5 with the detention and water quality pond were acquired through donations but have a
present assigned a Capital Asset value of $140,000.00.
The proposal will put the property back on the tax rolls. It could potentially benefit the
City by enhancing the proposed project. City Staff concurs with Hewlett's representation of this
project being the "highest and best use" of the property and that it is in the best interest of
both parties. Therefore, Staff recommends that Council authorize conveyance of the 3.66 acre
tract (Lot 5) in Midway Business Park to Hewlett by Special Warranty Deed.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Approximately $4,000.00 being spent on this pond annually can be spent on other stormwater
facilities.
COMMENTS:
None.
ATTACHMENTS:
1. Letter of proposal from Hewlett
2.Special Warranty Deed
tted By:
Assistant City Manager
for Utilities
Mark Miller
Transportation Services
Manager
March 24, 2004
Mr. Jim Briggs, Assistant City Manager of Utility Operations
City of Georgetown
113 E. 8s' Street
Georgetown, TX 78626
Re: Proposal to Assume Ownership of City of Georgetown Regional Detention Facility
On Lot A%ay Business Park
y
Dear Mr. Briggs:
We are the owners of Lots 24 in Miidwa Business Park, which is located just south of
Page Whitney Parkway along the access road (refer to attached subdivision plat).
The City of Georgetown owns Lot of this subdivision, which is comprised of 3.66 acres
and is completely occupied by a regional detention and water quality facility which
serves this subdivision and existing automotive dealerships south of Westin h use Road.
We plan to construct a new Hummer showroom and service faciht),o he three lots that
we currently own. We are interested in assuming ownership of Lot containing the
detention facility from the City, and taking over permanent operation and maintenance of
the facility.
We intend to reconfigure the existing detention and water quality ponds to reduce their
footprint. This reconfiguration will allow us to expand the scope and size of the proposed
business, and to improve the function and appearance of the business and of the detention
facility. Our engineers will ensure that the redesigned facility meets the requirements of
the City and the TCEQ regarding storage volume and water treatment quality.
Location: IH 35 at Westinghouse Rd.
Mailing: P. O. Box 799 Georgetown, TX 78627
Phone: (512)681-3000 FAX (512)681-3030
www.donhewlett.com
Today, this property is a liability to the City, since the detention and water quality ponds
occupy the entire tract, and the facility must be constantly maintained, including frequent
mowing and cleaning, periodic replacement of sand filtration media, and removal of silt
and trash. Our proposal will place this property back on the tax rolls, enhance the scope
and quality of our project, and generate more jobs. In summary, this proposal embodies
the "highest and best use" of this property, and is beneficial for both parties.
We hope to complete construction of this project by next summer, so we would
appreciate your prompt consideration of this matter. Please let us know if you need any
additional information on this matter. If you have questions, please call me on my direct
line at 681-3013.
Sincerely,
Don Ross Hewlett, President
Hewlett Holdings, Ltd.
Attachment: Midway Business Park plat
mmmz
INTERSTATE HIGHWAY 3.:) — R.O.W. VARIES
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m
NO2.04'30"W 353.79'
VOL �� ---------
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G--------- 430_99---------
9� L81 20' B.L. & D.E. I
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Location Map
Sade: 1" = 2000'
Record Final Plat
for
MIDWAY BUSINESS PARK
A 18.65 Acre Subdivision Located In The
Ephraim Evans Survey, Abstract 212
City of Georgetown
Williamson County, Texas
Steger & Bizzell Engineering, Inc.
Consultine Enrineers
1978 South Aushim Avenue
Goorgelwn, Teas 78626
: W.D.D. 01/21/00 RECORD FINAL PLAT.DWG Job No. 19268
Telephone: Fotym
(512)930-9412 (512}930-9416
Sheet 1_ of 2
s
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: If you are
a natural person, you may remove or strike any of the
following information from this instrument before it is
filed for record in the public records: Your social security
number or your driver's license number.
DATE: .2004
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S MAILING ADDRESS (including County): P.O. Box 409, Williamson
County, Texas 78627
GRANTEE: Hewlett Holdings, Ltd., a Texas limited partnership
GRANTEE'S MAILING ADDRESS (including County): P.O. Box 799, Georgetown,
Williamson County, Texas 78627
CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable
consideration.
PROPERTY (including any improvements):
Being a 3.66 acre tract of land, more or less, in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas, described as Lot 5, Midway
Business Park, a subdivision of record in Cabinet S, Slides 208, Plat
Records of Williamson County, Texas (the "Property").
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY: This conveyance is made, delivered and accepted subject to all validly
existing easements, rights-of-way, and prescriptive rights, whether of record or not; all
presently recorded and validly existing restrictions, reservations, covenants, conditions,
oil and gas leases, mineral interests outstanding in persons other than Grantor, and
other instruments, other than conveyances of the surface fee estate, that affect the
Property; validly existing rights of adjoining owners in any walls and fences situated on
a common boundary; any discrepancies, conflicts, or shortages in area or boundary
lines; any encroachments or overlapping of improvements; and taxes for 2004, which
Grantee assumes and agrees to pay, but not subsequent assessments for that and prior
years due to change in land usage, ownership, or both, the payment of which Grantor
assumes.
General Warranty Deed
City of Georgetown to Hewlett Holdings, Ltd.
Page 1 of 3
Grantor, for the consideration and subject to the Reservations From and
Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee
the Property, together with all and singular the rights and appurtenances thereto in any
way belonging, to have and hold it to Grantee and Grantee's heirs, successors and assigns
forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to warrant and
forever defend all and singular the Property to Grantee and Grantee's heirs, successors,
and assigns against every person whomsoever lawfully claiming or to claim the same or
any part thereof, by through or under Grantor, but not otherwise, except as to the
Reservations From and Exceptions to Conveyance and Warranty.
GRANTOR:
CITY OF GEORGETOWN, a Texas home -rule
municipal corporation
M
ATTEST:
Sandra D. Lee, City Secretary
STATE OF TEXAS
Gary Nelon, Mayor
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day of
2004, by Gary Nelon, Mayor of the City of Georgetown, a Texas
home -rule municipal corporation, on behalf of said municipality.
Notary Public, State of Texas
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP, City Attorney
General Warranty Deed
City of Georgetown to Hewlett Holdings, Ltd.
Page 2 of 3
AFTER RECORDING RETURN TO:
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Warranty Deed
City of Georgetown to Hewlett Holdings, Ltd.
Page 3 of 3
i
Council Meeting Date: Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Council consideration and possible action to approve an
amendment to the existing contract between the City of Georgetown
and Camp Dresser and McKee (CDM) for the design of the Tasus Access
Road.
ITEM SUMMARY:
The GTEC board has discussed and approved the Tasus Corp.
project for $255,000.00. The GTEC board held a public hearing on
March 3, 2004 regarding the expenditure of 4B sales taxes for
fiscal year 2003/2004 proposed Transportation Improvement Plan
TASUS Way at South Austin Avenue project.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
This project will be cash funded from the 2003/2004 GTEC
budget. $64,050.00 for Basic and Special Engineering services.
COMMENTS:
None.
ATTACHMENTS:
Letter of Engineering proposal and contract.
Submitted By: Jim Briggs, Mark Miller,
Assistant City Manager Manager of Transportation
for Utilities Services
CAlllllmhl�m
0M
12357-A Riata Trace Parkway, Suite 210
Austin, Texas 78727
tel: 512 346-1100
fax: 512 345-1483
February 11, 2004
Mr. Mark Miller
Transportation Supervisor
City of Georgetown
300 Industrial Avenue
Georgetown, TX 78626
Subject: City of Georgetown
TASUS Access Road
Amendment for Engineering Services
Dear Mr. Miller
Transmitted with this letter are three partially executed original Amendments to the Contract
between the City of Georgetown and Camp Dresser & McKee Inc. (CDM) for the design of the
TASUS Access Road. This road will be approximately 600 feet long and will start at Austin
Avenue and run westward toward the TASUS site. The road will require the extension of a
multiple barrel box culvert where Smith Branch crosses Austin Avenue. We have included
Diamond Surveying on our team as well as Raymond Chan to assist with hydraulic analysis
of the culvert.
Our scope of services includes design, bidding and general services during construction for
the roadway. It also includes coordination with TXDOT for the extension of the culvert and
the roadway connection to Austin Avenue. Per our discussions the WPAP approval of the
road will be included in the TASUS site WPAP.
We have already started on the surveying and hydraulic analysis of the culvert in order to get
this important project for the City started.
If you have any questions regardigp this Amendment, please call.
Vice President
Camp Dresser & McKee Inc.
ADW:ImI
ENCLOSURE(S)
xc: Bill Reynolds, CDM
W:\City of Gaorgetmn%Talus Dnve\Correspondence\2-11-04.A r ndment.00c
consulting • engineering - construction -operations
12357-A Biata Trace parkway, Suite 210
Austin,Texas 78727
tel: 512 346-1100
fax: 512 345-1483
February 11, 2004
Mr. Mark Miller
Transportation Supervisor
City of Georgetown
300 Industrial Avenue
Georgetown, TX 78626
Subject: City of Georgetown
TASUS Access Road
Amendment for Engineering Services
Dear Mr. Miller:
Transmitted with this letter are three partially executed original Amendments to the Contract
between the City of Georgetown and Camp Dresser & McKee Inc. (CDM) for the design of the
TASUS Access Road. This road will be approximately 600 feet long and will start at Austin
Avenue and run westward toward the TASUS site. The road will require the extension of a
multiple barrel box culvert where Smith Branch crosses Austin Avenue. We have included
Diamond Surveying on our team as well as Raymond Chan to assist with hydraulic analysis
of the culvert.
Our scope of services includes design, bidding and general services during construction for
the roadway. It also includes coordination with TXDOT for the extension of the culvert and
the roadway connection to Austin Avenue. Per our discussions the WPAP approval of the
road will be included in the TASUS site WPAP.
We have already started on the surveying and hydraulic analysis of the culvert in order to get
this important project for the City started.
If you have any questions regarding this Amendment, please call.
Vice President
Camp Dresser & McKee Inc.
ADW:lnU
ENCLOSURE(S)
xc: Bill Reynolds, CDM
W:\City of Georgetown\Tagus O6ve\Correspondence@-11-04_Amndm t.oac
consulting . engineering • construction • operations
AMENDMENT
TO THE AGREEMENT BETWEEN OWNER AND ENGINEER
• FOR PROFESSIONAL SERVICES
TO DESIGN TILE ENTRANCE DRIVEWAY
FOR TASUS CORPORATION
The General Services Agreement between OWNER and ENGINEER last authorized on
November 26, 1991, is hereby amended as follows:
The scope and cost of the anticipated services are set forth in the attached Exhibit 1. The fee for
the work in this Amendment is to be paid on a lump sum basis.
Your signature below will constitute your acceptance of this Amendment.
EXECUTED in duplicate original this _ day of , 2004 at Georgetown, Texas, where
this contract is performable and enforceable.
Approved as to form Party of the First Part:
CITY OF GEORGETOWN, TEXAS
City Attorney
Party of the Second Part:
rAMP DRESSER & MCKJEE INC.
Allen D. Woelke, P.E.
Vice President
Gary Nelon
Mayor
Attest:
Sandra D. Lee
City Secretary
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on this the -B— day ot�k—., 209by Mr. Allen
VZke jtt0rap,,iytas Vice President of Camp Dresser & McKee Inc.
D �/I/A/l / Printed name:
ta Public, State of Texas Commission Expires: 2,1,0,LIANA MICHELLE DOLSON
ry N TARY PUBLIC
State of Texas
Comm. Exp. 10-27-2007
A4272AMD_N104.dw
9) Furnishing to the OWNER a maximum of five copies of drawings, specifications, and other
contract documents.
A4272AMD_N IO4.dw
i