HomeMy WebLinkAboutAgenda CC 03.13.2007Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, March 13, 2007 The Georgetown City Council will meet on Tuesday, March 13, 2007 at 03:00:00 PM at Gather at City Hall, 113 E. 8th Street, to leave for the on-site tour at 6451 SH29 West, then at 5:00 p.m. for the Reception and the 6:00 p.m. Regular Council Meeting at the City Council Chambers, at 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 without editing and shown on the local cable channel. Special Session - To begin at 3:00 p.m. A Council has been invited and may attend an on-site tour of the Lively Tract, a proposed conservation subdivision at 6451 SH29 West -- Tom Yantis, Assistant City Manager Special Session - To begin at 5:00 p.m. B Reception in the Council Chamber Lobby for outgoing and reappointed members of the City Council -appointed Boards and Commissions -- Sandra D. Lee, City Secretary Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. C Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items -Transamerlcan Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States Disbict Court, Western District of Texas - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) - Discussion and possible action relating to retention of outside counsel to review new standard form contracts. D Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the authorization of a proposed Right of Entry, Possession and Construction Easement between the City and Williamson County concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement for the construction of underground electric service in connection with Project Lone Star — Jim Briggs, Assistant City Manager for Utility Operations, and Mike Mayben, Energy Services Manager - Discussion and possible action concerning the acquisition of a 0.04 -acre Clear Zone Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue in connection with the proposed Texas Department of Transportation/Austin Avenue Maintenance Project — Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) City Council Agenda/March 13, 2007 Page 1 of 3 Pages E Call to Order F Pledge of Alleglance G Recognition of outgoing members of City Council -appointed Boards and Commissions H Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council I Announcements and Comments from City Manager J Public Wishing to Address Council K Action from Executive Session Statutory Consent Agenda 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. L Consideration and possible action to approve the minutes of the Council Workshop on Monday, February 26, 2007, and the Council Meeting on Tuesday, February 27, 2007 — Sandra D. Lee, City Secretary M Consideration and possible action to approve an OCC (Old Corrugated Cardboard) compactor purchase and Installation from Marathon Equipment for $22,480.00, with public drop-off site improvements, compactor concrete slab, and power loop with breaker box installation in an amount not to exceed $24,600.00 for a total expense not to exceed $47,600.00 — Rachel Osgood, Enviommental Services and Jim Briggs, Assistant City Manager for Utility Operations N Consideration and possible action to approve the award of annual bid for Cold Pour Crack Sealer to Allstates Coatings in the estimated amount of $46,500.00 — Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations O Consideration and possible action to award a contract to Hardy, Heck and Moore, Inc. for the update and • expansion of the Historic Resource Survey in an amount not to exceed $40,000 — Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Director of Planning and Development P Consideration and possible action to approve a resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the forty -foot (40') drainage easement on the south property line of Lot 1, Block B, Madison Oaks, Phase One, located at 100 Madison Oaks Avenue -- James G. Babcock, AICP, Planning Specialist and Bobby Ray, AICP, Director of Planning and Development O Consideration and possible action on a Public Review Final Plat for 17.232 acres in the Burrell Eaves Survey, Abstract 216, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty -One, located on Sun City Blvd west of State Highway 195 — Jordan Maddox, Planner I and Bobby Ray, Director of Planning and Development R Consideration and possible action to approve a resolution amending Resolution 021307 -GG relating to the ordering of the election on May 12, 2007, for City Council Districts 3, 4, and 7; to replace one Early Voting branch location and add an Election Day voting location for County Precinct 345; and to adopt a Joint Election Agreement — Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: S Presentation by Randall Arendt and Gary Brown regarding the proposed development of a conservation subdivision on approximately 438 acres within the South San Gabriel River Basin, known as the Livey Tract — Tom Yantis, Assistant City Manager T Consideration and possible action to approve the purchase of a replacement Storage Area Network (SAN) System from The Harding Group in an amount not to exceed $178,000 — Dennis Schoenborn, Information Technology Director It U Discussion and possible action to approve the purchase of radio equipment from Motorola related to the digital upgrade of the 800 MHz radio system in an estimated amount of $1,288,000.00 — Kevin Stofle, Assistant Chief of Police; David Morgan, Police Chief; and Micki Rundell, Director of Finance and Administration V Consideration and possible action concerning the authorization of a proposed Right of Entry, Possession and City Council Agenda/March 13, 2007 Page 2 of 3 Pages Construction Easement between the City and Williamson County concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement for the construction of underground electric service in connection with Project Lone Star — Jim Briggs, Assistant City Manager for Utility Operations, and Mike Mayben, Energy Services Manager W Consideration and possible action to approve the award of bid for the renovation of the Georgetown Information Technology/EOC Center to Fazzone Construction in the amount of $1,664,500 — Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration X Consideration and possible action with respect to a resolution directing the publication of Notice of Intention to Issue City of Georgetown, Texas Combination Tax and Utility system Limited Revenue Certificates of Obligation, Series 2007; and other matters related thereto -- Micki Rundell, Director of Finance and Administration Y Discussion and possible action to provide policy direction in funding utility Infrastructure related to the City's recent annexations — Micki Rundell, Director of Finance and Administration Z Consideration and possible action to appoint a Selection Committee, composed of three Councilmembers, to evaluate proposals and make a recommendation for the selection of the construction manager -at -risk for construction of the Recreation Center -- Paul Brandenburg, City Manager AA Discussion and possible action to appoint two Councilmembers to a Committee, along with the City Manager, the Assistant City Manager of Utility Operations and the Director of Community Services to review a request to rename County Road 102 to "Lawhon Lane" pursuant to the policy established by the City Council on November 14, 2006 regarding the Naming of City Facilities, Public Park lands and Public Streets — Paul E. Brandenburg, City Manager BB Consideration and possible direction to staff regarding the 2007 call by Williamson County for Community Development Block Grant applications — Tom Yantis, Assistant City Manager CC Second Readings 1. Second Reading of an odinance for a Comprehensive Pian Amendment to change the Future Land Use from Business Park to Multi -Family and Residential for 95.5 acres in the James Patterson Survey, Abstract 502, and the Francis Hudson Survey, Abstract 295, located at 61455 Westinghouse Rd. — Jordan Maddox, Planner I and Bobby Ray, Director of Planning and Development and Bobby Ray, AICP, Director of Planning and Development 2. Second Reading of an ordinance rezoning from AG, Agriculture District to PUD, Planned Unit Development District for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road, east of Park Central Boulveard — Bobby Ray, AICP, Director of Planning and Development 3. Second Reading of an ordinance rezoning from AG, Agriculture District to PUD, Planned Unit Developmetn District for 17.232 acres in the Burrell Eaves Survey, Abstract 216, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty -One — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development DD First Reading of an ordinances amending Section 15.04.045 of the Code of Ordinances to revise the Development Process Fees, including GIS fees — Bobby Ray, AICP, Director of Planning an Development EE Consideration and possible action to approve the appointment of Gary Leissner to the Main Street Advisory Board due to a resignation for a position that expires in February, 2009 -- Mayor Gary Nelon Certificate of Posting 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 , 2007, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. City Council Agenda/March 13, 2007 Page 3 of 3 Pages Council Meeting Date: March 13, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve OCC (Old Corrugated Cardboard) compactor purchase and installation, public drop-off site improvements, compactor concrete slab, power loop with breaker box installation, not to exceed $47,600.00. ITEM SUMMARY: Under the FY 2006/2007 Regional Solid Waste Grants Programs through The Capital Area Council Of Governments (CAPCOG), monies were awarded to the City of Georgetown for the purpose of improving the City's Collection Station to increase citizen usage and enhance citizen participation in the City's recycling efforts. The grant expires March 31, 2007. $23,000.00 is allotted by CAPCOG to purchase an OCC compactor to allow for the recycling of cardboard at the City of Georgetown's Collection Station. The staff recommendation is to award this bid to Marathon Equipment for $22,480.00. Site improvements include removal of existing retaining wall, construction of new 8' reinforced retaining wall, excavation of dirt and fill to accommodate new compactor, a 10 x 48' concrete pad for new compactor and power loop, not to exceed $24,600.00. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None. The funds for these projects are through the Regional Solid Waste Grants Program, budget 100-205-5500-01. STAFF RECOMMENDATION: Staff recommends the purchase of the OCC compactor, completion of compactor site improvements, new concrete slab, and power loop installation. None ATTACHMENTS: Sheet Submitted By: Rachel Osgo`dd, Jim Briggs, Environmental Services Assistant City Manager for Utility Operations STATIONARY COMPACTOR QUOTES MARATHON RJ -450 Charge Clear 2,000 120V 15 56,500 50 18,822.10 11420.00 inc 1,420.00 817.90 $22,480.00 WASTEQUIP 445 HD Box Top 3,180 110V 15 58,200 Cycle 11,991.60 1,208.80 165.60 850.00 750.00 $14,966.00 ROLL -OFFS USA WA Capacity Opening Hydraulics 120V Motor Compactlon TimeGuide 14,875.00 740.00 220.00 1,500.00 675.00 Total Vendor Model (cu yd) (L x W) (psi) Electric (hp) force (Iba) (sec) Unit Price Hopper Rails Install Freight Cost Notes MARATHON RJ -450 4.0 67.5' x 60" 2,000 120V 15 56,500 50 18,822.10 11420.00 inc 1,420.00 817.90 $22,480.00 WASTEQUIP 445 HD 4.0 65" x 60" 3,180 110V 15 58,200 57 11,991.60 1,208.80 165.60 850.00 750.00 $14,966.00 ROLL -OFFS USA WA 4.0 60'X 76' 2,150 120V 20 85,000 24 14,875.00 740.00 220.00 1,500.00 675.00 $18,010.00 PTR N/A N/A 0.001 Insufficient equipment specs 3/7/2007 page 1 of 1 Council Meeting Date: March 13, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT Consideration and possible action for award of the annual bid for Cold Pour Crack Sealer to Allstates Coatings the estimated amount of $46,500.00. ITEM SUMMARY: Bids were received to provide the City with cold pour crack sealer for a one-year period beginning May, 2007. The staff recommendation is to award this bid to the low bidder responding, Allstates Coatings of Gladewater, Texas. This cold pour crack sealant will be used for asphalt street repair and is ordered in 55 gallon drums on an as needed basis. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Total estimated amount of this bid is $46,500.00. Funds were budgeted for this expenditure in Maintenance -Streets and Overlay-CIP. GUS BOARD RECOMMENDATION: STAFF RECOMMENDATION: COMMENTS: None ATTACHMENTS: 1. BidTabulation Submitted By: Mark Miller, Transportation Services Manager Assistant City Manager for Utility Operations BID TABULATION SHEET BID NO. 27022 — COLD POUR CRACK SEALER April 2, 2007 - March 31, 2008 ALT -651 Flex Crack Cold Pour Crack Sealer or approved equal* in 55 gal. Drums TOTAL FOR 150 DRUMS (8250 GALS) *Recommended Vendor No Bid Heart of Texas Hot Mix No response Austin Asphalt, LP Centex Materials, LLC JD Ramming Paving Co., Ltd. Jewell Concrete Products KC Construction Company Share Corporation W.W. Grainger *Any other product bid must meet or exceed the attached specifications equality of product will be determined by a City of Georgetown agent Approx Allstates EZ Seal Qjy Unit Price Unit Price 150 Drums $310.00 $317.04 $46,500.00 $47,556.00 Council Meeting Date: March 13, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action concerning the authorization of a proposed Right of Entry, Possession and Construction Easement between the City and Williamson County concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement for the construction of underground electric service in connection with Project Lone Star. ITEM SUMMARY: On March 5, 2007, staff submitted a request to the Williamson County Commissioners Court for the donation of the above-described easements across property owned by Williamson County (the "County") adjacent to the west of the Project Lone Star site currently under construction. The County counter -proposed the attached Right of Entry, Possession and Construction Easement. Staff is seeking Council's direction on the County's proposal. ATTACHMENTS: 1. Proposed Right of Entry, Possession and Construction Easement 2. Map showing location of proposed easements Submitted By: Jim Briggs, Assistant City Manager for Utility Operations Patricia E. Carls, Brown & Carls, LLP City Attorney RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, WILLIAMSON COUNTY, hereinafter referred to as "GRANTOR", whether one or more, is the owner of a certain tract of land in Williamson County, Texas, being more particularly described by a sketch in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, THE CITY OF GEORGETOWN, TEXAS, hereinafter referred to as the "GRANTEE", plans to acquire an easement interest at the locations described in Exhibit `B", through contract and conveyance; and WHEREAS, the GRANTEE must have possession of said -described tract of land for the purposes described below: Construction of an underground electric line and related underground appurtenances (the "Project"). NOW THEREFORE, BE IT KNOWN: That in consideration of the execution of a non-exclusive easements by the GRANTOR to the GRANTEE, GRANTOR has GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable temporary right -of -entry, possession, and construction easement over, upon, and across those tracts of land described in Exhibit "B." It is expressly agreed, acknowledged, and understood that the temporary construction easement, rights, and privileges herein granted are assignable and shall be used by the GRANTEE, its employees, agents, and assigns, for the purposes of entering upon the above- described property and proceeding with surveying, site review and analysis, actual construction of the Project, and all manner of preparation and work attendant thereto. The parties further agree as follows: That by virtue of the granting of permission to the GRANTEE to take possession of the Property in accordance with this Agreement, GRANTOR does not waive any legal rights or defenses under the Constitution of the United States, the Constitution and Statutes of the State of Texas or any other provisions of the law that GRANTOR may have in connection with the acquisition of any rights to the Property by the GRANTEE under the right of eminent domain. 2. The parties agree that they are negotiating the fair market value of the permanent non- exclusive easements and that such value shall be determined within sixty (60) days from the execution hereof. The date of valuation for purposes of determining the value of the just compensation for the fee simple and/or easement rights sought in the acquisition of any real property, whether in fee or by easement, shall be the date of acceptance of the final offer. If, after the expiration of sixty (60) days from the execution hereof, the parties are unable to agree, then valuation shall be the date the case is presented to a Special Commissioners hearing. 3. As consideration for the execution of this document and the easement referenced herein, Grantee shall pay Grantor the sum of ten dollars ($10.00) and other valuable consideration. 4. Grantor agrees to execute easements to the Grantee in the form and based on the terns and conditions as stated in the easement forms attached hereto as Exhibits "C-1" and "C- 2'; provided, however, the parties may negotiate any additional terms as either party deems necessary. The easement shall be executed as soon as the field notes have been prepared and the fair market value or just compensation of the easement has been established, as set forth in Paragraph 2 above. 5. This Agreement shall be binding upon the devisees, successors and assigns of the parties. 6. GRANTOR covenants that it will not convey any other conflicting rights within the area covered by this grant. This grant shall be binding upon the successors and assigns of GRANTOR for the term of this grant. 7. Grantee acknowledges that the easement shall be solely for the installation of electric lines, shall be non-exclusive and shall be entirely underground. Grantee further acknowledges that, in addition to other consideration granted at a later date, that Grantor, its successors and assigns will be allowed, at no cost, to access said lines to provide service to Grantors property as described in Exhibit "A". 8. This irrevocable temporary right -of -entry, possession, and construction easement shall be in effect from the date of execution hereof and continue in full force and effect until the execution of the non-exclusive easements by the Grantor to the Grantee, at which time this irrevocable temporary right -of -entry, possession, and construction easement shall terminate and have no further effect. TO HAVE AND TO HOLD the possession of the above-described tract of land for the purposes and subject to the limitations described above, and GRANTOR warrants that it knows of no persons or business entity that owns a present possessory interest in the fee title to the above-described premises other than GRANTOR, and that there are no parties in possession of any portion of the referenced real property as lessees other than previously disclosed. GRANTOR has read this entire instrument and fully understands and agrees to its provision. GRANTOR has executed this grant of its own free will, without coercion, harassment, or threat. Executed this the _ day of 2007. GRANTOR: LIM 911 /:\u 6 Qa41Ili1►Y 611 UNA Dan A .Gattis, County Judge GRANTEE: CITY OF GEORGETOWN, TEXAS BY: Gary Nelon, Mayor EXHIBIT "A" GRANTOR'S REAL PROPERTY EXHIBIT "B" REAL PROPERTY SUBJECT TO THE IRREVOCABLE TEMPORARY RIGHT -OF -ENTRY, POSSESSION, AND CONSTRUCTION EASEMENT EXHIBIT "C-1" FORM OF UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PERTAINING TO THAT CERTAIN 0.776 OF AN ACRE UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement') is made on the day of 2007, at Georgetown, Texas, between the COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the State of Texas, whose address is 301 S.E. Inner Loop, Georgetown, Texas 78626 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS and CONVEYS to Grantee, its successors and assigns, a non- exclusive easement and right-of-way (the "Easement') for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of underground electric utility lines and related underground facilities (collectively, the "Facilities") under and across, but not above the surface of the following described property of the Grantor, to wit: Being 0.776 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, said land being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of Dollars ($ .00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. Grantee hereby agrees and acknowledges that the Facilities shall be entirely underground. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2007. GRANTOR: COUNTY OF WILLIAMSON Dan A. Gattis, County Judge GRANTEE: Gary Nelon, Mayor APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attorney Hal C. Hawes Assistant Williamson County Attorney ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of , 2007, by DAN A. GATTIS, County Judge of the County of Williamson, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas I:Ly "W1111j, 0 4111" I_aJM STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2007, by GARY NELON, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said home -rule municipal corporation. Notary Public, State of Texas EXHIBIT "C-2" FORM OF UTILITY EASEMENT PERTAINING TO THAT CERTAIN 0.473 OF AN ACRE UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement') is made on the day of 2007, at Georgetown, Texas, between the COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the State of Texas, whose address is 301 S.E. Inner Loop, Georgetown, Texas 78626 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS and CONVEYS to Grantee, its successors and assigns, a non- exclusive easement and right-of-way (the "Easement') for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of underground electric utility lines and related underground facilities (collectively, the "Facilities") under and across, but not above the surface of the following described property of the Grantor, to wit: Being 0.473 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, said land being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of Dollars ($ .00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. Grantee hereby agrees and acknowledges that the Facilities shall be entirely underground. 4. Grantee hereby acknowledges and agrees that Grantor, its successors and assigns shall be allowed, at no cost, to access the Facilities to provide services to Grantor's or Grantor's successors and/or assigns' adjacent property. 5. The duration of the Easement is perpetual. 6. Grantor and Grantor's successors and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof, by, through or under Grantor, but not otherwise. The Easement and the rights and privileges granted by this Agreement are NON- EXCLUSIVE. However, Grantor and Grantor's successors and assigns shall not convey any other easement, license, or conflicting right to use the Easement Area for any purpose which will interfere with or prevent Grantee's use thereof. 8. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 9. The terms of this Agreement shall be binding upon Grantor and Grantor's successors and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this _ day of 12007. GRANTOR: COUNTY OF WILLIAMSON Un Dan A. Gattis, County Judge GRANTEE: Un APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attorney Hal C. Hawes Assistant Williamson County Attorney Gary Nelon, Mayor ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of , 2007, by DAN A. GATTIS, County Judge of the County of Williamson, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS .K1111CY_Ml1J �:'I 11111 [�6Y11►1 This instrument was acknowledged before me on the day of 2007, by GARY NELON, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said home -Wile municipal corporation. Notary Public, State of Texas $t' SPRINGS ei 0 3 It, or'!� X� �_ .#L e , r r `r $ 41 64 Ps2 Pb'� •i•+6�i+Xe�1R r�,<-.N �.. _( li I, 04 o - - _. A rdi.. i1- d rNsdocumem hrekesea'. � ii n er ,eudwrM.q� k w r`.;r M - -yK-• Feb 28. 2 w1 » ». ,/I It is not to be used for'M,mnswplon, e�dam9 or aerrtAl CITY OF GEORGETOWN, TEXAS APROJECT LONE STAR URD CIRCUIT LAYOUT <. ASSOCIATES, LP -ENGINEERS PROPOSED ROW u ©2007 Nasberg, Patrick BAssoGetes, LP Plobed: Feb 28, 20p7-78:35em By: PT(EXAS7601 Notice of Meeting of the Governing Body of the City of Georgetown, Texas Monday, March 12, 2007 The Georgetown City Council will meet on Monday, March 12, 2007 at 04:00:00 PM at City Council Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Policy Development/Review Workshop - Call to order at 4:00 PM A Presentation of new audio visual equipment in the Council Chamber -- Dennis Schoenborn, Information Technology Director B Discussion and possible direction to staff regarding the County Road Bond Package with Williamson County Precinct 3 Commissioner Valerie Covey — John Aldridge, Transportation Engineer and Paul Brandenburg, City Manager C Workshop overview and discussion of the 2007/08 Council Budget Priority Setting Process -- Micki Rundell, Director of Finance and Administration and Paul E. Brandenburg, City Manager Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. D Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375•C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) - Discussion and possible action relating to retention of outside counsel to review new standard form contracts, and other experts to advise and assist on contract administration E Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the authorization of a proposed Right of Entry, Possession and Construction Easement between the City and Williamson County concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement for the construction of underground electric service in connection with Project Lone Star -- Jim Briggs, Assistant City Manager for Utility Operations, and Mike Mayben, Energy Services Manager - Discussion and possible action concerning the acquisition of a 0.04 -acre Clear Zone Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue in connection with the proposed Texas Department of Transportation/Austin Avenue Maintenance Project — Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Cads, City Attorney Certificate of Posting 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 , 2007, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Lee, City Secretary City Council Agenda/March 12, 2007 Page 1 of 1 Page .r Council Meeting Date: March 12, 2007 Item No. 5b3 EXECUTIVE SESSION AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action concerning the authorization of a proposed Right of Entry, Possession and Construction Easement between the City and Williamson County concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement for the construction of underground electric service in connection with Project Lone Star. ITEM SUMMARY: On March 5, 2007, staff submitted a request to the Williamson County Commissioners Court for the donation of the above-described easements across property owned by Williamson County (the "County") adjacent to the west of the Project Lone Star site currently under construction. The County counter -proposed the attached Right of Entry, Possession and Construction Easement. Staff is seeking Council's direction on the County's proposal. ATTACHMENTS: 1. Proposed Right of Entry, Possession and Construction Easement 2. Map showing location of proposed easements Submitted By: Jim Briggs, Assistant City Manager for Utility Operations Patricia E. Carls, Brown & Carls, LLP City Attorney RIGHT OF ENTRY, POSSESSION AND CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § WHEREAS, WILLIAMSON COUNTY, hereinafter referred to as "GRANTOR", whether one or more, is the owner of a certain tract of land in Williamson County, Texas, being more particularly described by a sketch in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, THE CITY OF GEORGETOWN, TEXAS, hereinafter referred to as the "GRANTEE", plans to acquire an easement interest at the locations described in Exhibit "B", through contract and conveyance; and WHEREAS, the GRANTEE must have possession of said -described tract of land for the purposes described below: Construction of an underground electric line and related underground appurtenances (the "Project"). NOW THEREFORE, BE IT KNOWN: That in consideration of the execution of a non-exclusive easements by the GRANTOR to the GRANTEE, GRANTOR has GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an irrevocable temporary right -of -entry, possession, and construction easement over, upon, and across those tracts of land described in Exhibit "B." It is expressly agreed, acknowledged, and understood that the temporary construction easement, rights, and privileges herein granted are assignable and shall be used by the GRANTEE, its employees, agents, and assigns, for the purposes of entering upon the above- described property and proceeding with surveying, site review and analysis, actual construction of the Project, and all manner of preparation and work attendant thereto. The parties further agree as follows: 1. That by virtue of the granting of permission to the GRANTEE to take possession of the Property in accordance with this Agreement, GRANTOR does not waive any legal rights or defenses under the Constitution of the United States, the Constitution and Statutes of the State of Texas or any other provisions of the law that GRANTOR may have in connection with the acquisition of any rights to the Property by the GRANTEE under the right of eminent domain. 2. The parties agree that they are negotiating the fair market value of the permanent non- exclusive easements and that such value shall be determined within sixty (60) days from the execution hereof. The date of valuation for purposes of determining the value of the just compensation for the fee simple and/or easement rights sought in the acquisition of any real property, whether in fee or by easement, shall be the date of acceptance of the final offer. If, after the expiration of sixty (60) days from the execution hereof, the parties are unable to agree, then valuation shall be the date the case is presented to a Special Commissioners hearing. 3. As consideration for the execution of this document and the easement referenced herein, Grantee shall pay Grantor the sum of ten dollars ($10.00) and other valuable consideration. 4. Grantor agrees to execute easements to the Grantee in the form and based on the terms and conditions as stated in the easement forms attached hereto as Exhibits "C-1" and "C- 2"; provided, however, the parties may negotiate any additional terms as either party deems necessary. The easement shall be executed as soon as the field notes have been prepared and the fair market value or just compensation of the easement has been established, as set forth in Paragraph 2 above. 5. This Agreement shall be binding upon the devisees, successors and assigns of the parties. 6. GRANTOR covenants that it will not convey any other conflicting rights within the area covered by this grant. This grant shall be binding upon the successors and assigns of GRANTOR for the term of this grant. 7. Grantee acknowledges that the easement shall be solely for the installation of electric lines, shall be non-exclusive and shall be entirely underground. Grantee further acknowledges that, in addition to other consideration granted at a later date, that Grantor, its successors and assigns will be allowed, at no cost, to access said lines to provide service to Grantors property as described in Exhibit "A". 8. This irrevocable temporary right -of -entry, possession, and construction easement shall be in effect from the date of execution hereof and continue in full force and effect until the execution of the non-exclusive easements by the Grantor to the Grantee, at which time this irrevocable temporary right -of -entry, possession, and construction easement shall terminate and have no further effect. TO HAVE AND TO HOLD the possession of the above-described tract of land for the purposes and subject to the limitations described above, and GRANTOR warrants that it knows of no persons or business entity that owns a present possessory interest in the fee title to the above-described premises other than GRANTOR, and that there are no parties in possession of any portion of the referenced real property as lessees other than previously disclosed. GRANTOR has read this entire instrument and fully understands and agrees to its provision. GRANTOR has executed this grant of its own free will, without coercion, harassment, or threat. Executed this the _ day of 2007. GRANTOR: WILLIAMSON COUNTY 11E Dan A .Gattis, County Judge GRANTEE: CITY OF GEORGETOWN, TEXAS BY: Gary Nelon, Mayor 151:4.11:3III w_u GRANTOR'S REAL PROPERTY EXHIBIT "B" REAL PROPERTY SUBJECT TO THE IRREVOCABLE TEMPORARY RIGHT -OF -ENTRY, POSSESSION, AND CONSTRUCTION EASEMENT EXHIBIT "C-1" FORM OF UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PERTAINING TO THAT CERTAIN 0.776 OF AN ACRE UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement") is made on the day of 2007, at Georgetown, Texas, between the COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the State of Texas, whose address is 301 S.E. Inner Loop, Georgetown, Texas 78626 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Atte: Georgetown City Secretary (herein referred to as "Grantee"). I. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS and CONVEYS to Grantee, its successors and assigns, a non- exclusive easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of underground electric utility lines and related underground facilities (collectively, the "Facilities") under and across, but not above the surface of the following described property of the Grantor, to wit: Being 0.776 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, said land being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of Dollars ($ .00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. Grantee hereby agrees and acknowledges that the Facilities shall be entirely underground. 4. Grantee hereby acknowledges and agrees that Grantor, its successors and assigns shall be allowed, at no cost, to access the Facilities to provide services to Grantor's or Grantor's successors and/or assigns' adjacent property. 5. The duration of the Easement is perpetual. 6. Grantor and Grantor's successors and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof, by, through or under Grantor, but not otherwise. 7. The Easement and the rights and privileges granted by this Agreement are NON- EXCLUSIVE. However, Grantor and Grantor's successors and assigns shall not convey any other easement, license, or conflicting right to use the Easement Area for any purpose which will interfere with or prevent Grantee's use thereof. 8. In addition to the Easement, rights, and privileges herein granted, Grantee shall have the temporary right to use the surface of any property owned by Grantor which is within feet (_') of the Easement Area (the "Temporary Easement Area") to the extent necessary to construct and install the Facilities within the Easement Area. Upon the completion of such construction and installation, Grantee shall restore the surface of the Temporary Easement Area to the condition in which the same was found before any such work was undertaken, and Grantee's right to use any portion of Grantor's property adjacent to the Easement Area shall thereupon terminate for all purposes. 9. The Temporary Easement Area shall be in effect from the date construction begins on the Project and shall expire upon completion of construction of the Project on the adjoining permanent utility Easement Area, but no later than one (1) year from the date of execution hereof. 10. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 11. The terms of this Agreement shall be binding upon Grantor and Grantor's successors and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 12007. GRANTOR: COUNTY OF WILLIAMSON Dan A. Gattis, County Judge GRANTEE: L-A APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attorney Hal C. Hawes Assistant Williamson County Attorney Gary Nelon, Mayor ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2007, by DAN A. GATTIS, County Judge of the County of Williamson, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas ACKNOWLEDGMENT 1IF110 at$7 all Y bletV COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2007, by GARY NELON, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said home -rule municipal corporation. Notary Public, State of Texas EXHIBIT "C-2" FORM OF UTILITY EASEMENT PERTAINING TO THAT CERTAIN 0.473 OF AN ACRE UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement') is made on the day of 2007, at Georgetown, Texas, between the COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the State of Texas, whose address is 301 S.E. Inner Loop, Georgetown, Texas 78626 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS and CONVEYS to Grantee, its successors and assigns, a non- exclusive easement and right-of-way (the "Easement') for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of underground electric utility lines and related underground facilities (collectively, the "Facilities") under and across, but not above the surface of the following described property of the Grantor, to wit: Being 0.473 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, said land being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of Dollars ($ .00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. Grantee hereby agrees and acknowledges that the Facilities shall be entirely underground. 4. Grantee hereby acknowledges and agrees that Grantor, its successors and assigns shall be allowed, at no cost, to access the Facilities to provide services to Grantor's or Grantor's successors and/or assigns' adjacent property. 5. The duration of the Easement is perpetual. 6. Grantor and Grantor's successors and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof, by, through or under Grantor, but not otherwise. 7. The Easement and the rights and privileges granted by this Agreement are NON- EXCLUSIVE. However, Grantor and Grantor's successors and assigns shall not convey any other easement, license, or conflicting right to use the Easement Area for any purpose which will interfere with or prevent Grantee's use thereof. 8. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 9. The terms of this Agreement shall be binding upon Grantor and Grantor's successors and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this _ day of 2007. GRANTOR: COUNTY OF WILLIAMSON LE Dan A. Gattis, County Judge ; I i4u Di x Gary Nelon, Mayor APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attomey Hal C. Hawes Assistant Williamson County Attorney ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2007, by DAN A. GATTIS, County Judge of the County of Williamson, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2007, by GARY NELON, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said home -rule municipal corporation. Notary Public, State of Texas Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, March 27, 2007 The Georgetown City Council will meet on Tuesday, March 27, 2007 at 06:00:00 PM at City Council Chambers, at the northeast comer 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. Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items -Transamerican Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) B Sec 551.072: Deliberations about Real Property - Discussion and possible action concerning the acquisition of a 0.04 -acre Clear Zone Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue in connection with the proposed Texas Department of Transportatton/Austin Avenue Maintenance Project — Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Cads, City Attorney - Consideration and possible action concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement from Williamson County for the construction of underground electric service in connection with Project Lone Star — Jim Briggs, Assistant City Manager and Patricia E. Carts, City Attorney C Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussion and possible action regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locale, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; and deliberation of the offer of a financial or other Incentive to a business prospect described above - Airbom Regular Session - to begin no earlier than 6:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) D Call to Order E Pledge of Allegiance F Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council G Announcements and Comments from City Manager City Council Agenda/March 27, 2007 Page 1 of 3 Pages H Public Wishing to Address Council I Action from Executive Session Statutory Consent Agenda 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 12, 2007, and the Council Meeting on Tuesday, March 13, 2007 — Sandra D. Lee, City Secretary K Consideration and possible action to approve a Professional Services Agreement between the City of Georgetown and Meador Surveying, for surveying the new section of the IOOF Cemetery in an amount not to exceed $25,000 — Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services L Consideration and possible action to approve a resolution authorizing the City of Georgetown to participate in an interlocal agreement with the City of Round Rock, Texas, for the purpose of participating in an Interlocal Purchasing Cooperative Program — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration M Consideration and possible action on a Site Plan of Serenade Country Estates, Unit I, Lot 2, located at 3813 Williams Drive — Carla J. Benton, Planner II, and Bobby Ray, AICP, Director of Planning and Development N Consideration and possible action on a Preliminary Plat for 71.137 acres in the Lewis J. Dyches Survey (A-180) to be known as Georgetown South Industrial Park, located north and east of Snead Drive — Jennifer C. Bills, Planner I, and Bobby Ray, AICP, Director of Planning and Development Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: 0 Discussion and possible action to direct staff regarding Transportation Planning, including, but not limited to priority projects, costs, and timelines — John Aldridge, Transportation Engineer and Paul E. Brandenburg, City Manager P Discussion and possible action to direct staff to engage the services of the Texas Department of Transportation to conduct the environmental study for the ENTIRE Bypass route, from East Highway 29 to West Highway 29 — Paul E. Brandenburg, City Manager Q Discussion and possible action to direct staff to create a Resolution for Council consideration to engage the services of the Central Texas Regional Mobility Authority (CTRMA) to conduct a mobility and feasibility study for the Southwest Bypass -- Paul E. Brandenburg, City Manager R Discussion and possible action to extend the sunset provision that allows Itinerant Merchants to operate at the property located at the corner of Williams Drive and IH-35 with the permission of the property owner — Paul E. Brandenburg, City Manager S Consideration and possible action regarding the first amendment to the Development Agreement concerning the ABG Subdivision (n/k/a Water Oak Subdivision) and First Amendment to the Offsite Utility Construction and Cost Reimbursement Agreement for ABG Subdivision (n/k/a Water Oak Subdivision) — Patricia E. Carts, City Attorney T Second Readings 1. Second Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 2 and the Future Land Use from Residential to Residential and Mixed Use for 205.38 acres in the I. Donegan Survey (A-178), located on West SH-29 — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development 2. Second Reading of an Ordinance amending Section 15.04.045 "Development Process Fees" of the Code of Ordinances (The "Code") to revise Planning and Development fees, including GIS fees — Bobby Ray, AICP, Director of Planning & Development U Public Hearings/First Readings City Council Agenda/March 27, 2007 Page 2 of 3 Pages 1. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing Subdivision, Section 7, located on FM -971, west of Katy Crossing Boulevard — Bobby Ray, AICP, Director of Planning and Development 2. First Reading of an Ordinance on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Levels 2, 3, 4 and 5; and to change the Future Land Use from Residential to Office/Retail/Commercial, Residential and Multi -family for 590.7 acres in the B. Eaves and the L.S. Walters Surveys, located near SH -195 and Parmer Lane — Jordan Maddox, Planner I, and Bobby Ray, AICP, Director of Planning and Development 3. First Reading of an Ordinance Amending Section 5 of Ordinance No. 2006-108 related to the conditions for approval for the Comprehensive Plan Amendment to change (1) the Future Land Use from Residential to Residential, Mixed Use and Office/Retail/Commercial, (2) the Intensity Level from Level 1 to Levels 3, 4 and 5, and (3) the Overall Transportation Plan to relocate the connection point on SH -29 for the future SW 2, for the eastern part of Escalera Ranch and the Barton, Faubion, and Watson tracts, located north of FM -2243 and south of SH -29 for ABG — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development V Forwar led from the Georgetown Utility System (GUS) Board Consideration and possible action to award a bid to G. Carter Construction Company, Inc. of Cedar Park, Texas for the installation of traffic signals at Whispering Wind and Del Webb Blvd. and at CR 151 and Inner Loop Northwest for the amount of $84,407.60 — Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations W Consideration and possible action to award a bid to G. Carter Construction Company, Inc. of Cedar Park, Texas for the installation of one traffic signal at Rivery Blvd and Wolf Ranch Pkwy the amount of $45,819.55 — Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations X Consideration and possible action concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement from Williamson County for the construction of underground electric service in connection with Project Lone Star — Jim Briggs, Assistant City Manager for Utility Operations, and Mike Mayben, Energy Services Manager Y Consideration and possible action to appoint Debbie Hoffman as the Habitat for Humanity representative on the Housing Advisory Board — Tom Yantis, Assistant City Manager Certificate of Posting 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 , 2007, 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/March 27, 2007 Page 3 of 3 Pages Council meeting date: March 26, 2007 Item No 2 EXECUTIVE SESSION AGENDA ITEM COVER SHEET S Consideration and possible action to concerning the acquisition of a 0.473 acre easement and a 0.776 acre easement from Williamson County for Project Lonestar. ITEM SUMMARY: On March 13, 2007 Council authorized staff to negotiate the acquisition of two easements from the County. Attached are the two easements which would grant the City the right to install the necessary electric utilities for Project Lonestar, and allow the County (or a subsequent landowner) to place other utilities (except water) in the easement area, subject to the City's approval of the placement of those other utilities. The City and County staff and Commissioner Birkman met on Friday, March 23, 2007 to discuss the attached easements and the consideration for same. The County staff and Commissioner Birkman agreed to present the attached easements to the Williamson County Commissioner's Court at their March 27, 2007 meeting. The consideration discussed on Friday afternoon was payment of 50% of the WCAD fee simple value for the easements. The full WCAD value is $1.25 per square foot. Fifty percent of the WCAD value is $0.625/square foot. Therefore, total cost of the two easements would be $34,004. This amount would be within what the Council authorized on March 13, 2007. The County agreed to provide the Temporary Construction Easement at no cost to the City. Also, the prior language about accessing the facilities at no cost has been deleted from the easements. ATTACHMENTS: Easements. Submitted by: Patricia E. Carls, City Attorney GEORGETOWN UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement") is made on the day of 2007, at Georgetown, Texas, between the COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the State of Texas, whose address is 301 S.E. Inner Loop, Georgetown, Texas 78626 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS and CONVEYS to Grantee, its successors and assigns, a non- exclusive easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of underground utility lines and related surface appurtenances (save and except water utilities) (collectively, the "Facilities") upon, under, and across the following described property of the Grantor, to wit: Being 0.473 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, said land being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds and sketch in Exhibit A attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of Ten Dollars ($10.00.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. Grantee hereby agrees and acknowledges that the primary facilities shall be underground, and that the related appurtenances may be on the surface. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's successors and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof, by, through or under Grantor, but not otherwise. 6. The Easement and the rights and privileges granted by this Agreement are EXCLUSIVE to Grantee, and that Grantor and Grantor's successors and assigns shall not convey any other easement, license, or conflicting right to use the Easement Area. Grantee reserves unto itself the sole and exclusive right to consider applications for Licenses to Encroach in the Easement Area made by other entities to allow placement of other utilities (save and except water utilities) upon, under and across the Easement Area. Notwithstanding the foregoing, the Grantee agrees that it will not unreasonably withhold approval of said Licenses to Encroach. 8. The Temporary Easement Area shall be in effect from the date construction begins on the Project and shall expire upon completion of construction of the Project on the adjoining permanent utility Easement Area, but no later than one (1) year from the date of execution hereof. 9. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 10. The terms of this Agreement shall be binding upon Grantor and Grantor's successors and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 12007. GRANTOR: COUNTY OF WILLIAMSON 07 Hal C. Hawes Assistant Williamson County Attorney Dan A. Gattis, County Judge APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attorney GRANTEE: m Gary Nelon, Mayor (Acknowledgments follow on separate page) ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2007, by DAN A. GATTIS, County Judge of the County of Williamson, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2007, by GARY NELON, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said home -rule municipal corporation. Notary Public, State of Texas LEGAL DESCRIPTION FOR A PROPOSED PUBLIC UTILITY EASEMENT BEING 0.473 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, it WWiamson County, Texas, said land being a portion of that certain tract of land, called 94.1189 acres, as conveyed to Williamson County, Texas, by deed recorded as Document No. 2001021470 of the Official Public Records of Williamson County, Texas Surveyed on the ground in the month of February, 2007, under the supervision of Brian F. Peterson, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found on the Southeast line of Blue Springs Boulevard, being that certain tract of land called 7.2510 acres as conveyed to The Public, c/o Williamson County, Texas, by deed recorded as Document No. 2001021471 of the Official Public Records of Williamson County, Texas, being the Northwest line of the above referenced 94.1189 acre Williamson County, Texas, tract, being the Northeast comer of that certain Tract Two, called 31.2024 acres, as conveyed to Clearwater Crossing Limited Partnership, LLP, by deed recorded as Document No. 2004099864 of the Official Public Records of Williamson County, Texas, for the Northwest comer hereof, THENCE, along the said Southeast line of Blue Springs Boulevard, along a curve to the right (Radius = 755.00 feet, long chord bears N 89045'30" E, 97.30 feet), an aro distance of 97.37 feet to an iron pin found; Thence, S 86`20'30" E, 115.09 feet to an iron pin found at the beginning of a curve to the left, (Radius = 845.00 feet, long chord bears N 66°3 P E, 765.58 feet), an arc distance of 794.53 feet to an iron pin set at the intersection of the Southeast line of Blue Springs Boulevard and the Southwest line of Blue Ridge Drive as shown on the plat of record in Cabinet CC, Slide 346, of Plat Records of Williamson County, Texas, for a comer hereof; THENCE, along the said Southwest line of Blue Ridge Drive, along a curve to the right (Radius = 25.00 feet, long chord bears N 78°00'45" E, 31.08 feet), an arc distance of 33.54 feet to an iron pin set and S 63033130" E, 0.34 of a foot to an iron pin set for the most easterly comer hereof, THENCE, along a curve to the. right (Radius = 865.00 feet, long chord bears. S 65042'30" W, 805.40 feet), an we distance of 837.76 feet to an iron pin set Thence, N 86020'30" W, 115.09 feet to an iron pin set at the beginning of a curve to the left, (Radius = 735.00 feet, long chord bears N 89954'45" W, 86.27 feet); Thence, along the said curve for an are distance of 86.32 feet to an iron pin set on the East line of the said 31.2024 acre Tract Two, for the Southwest comer hereof, THENCE, N 26°49'30"W, 21.76 feet to the Place and BEGINNING and containing 0.473 of an acre of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 1, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct to the best of my knowledge and belief. To certify which, witness my hand and seal at Georgetown, Williamson County, Texas, this the /,-< dayof /n/.t/y`i ,2007, A.D. Brian F. Peterson Regist ssional Land Surveyor, No. 3967 Sta tete of Texas 21033g -1d EXHIBIT STEGEBIZZELL 1978 S. Au51in Ave Georgela . TX 76626 (512) 930.9412 -1"13ZZI8 2i3°J31S se 91 "4urK* uoswelllM �te�mg�ae4N' Aa 'r PB4sNeal $DWI 'sessl'f7unoo uosweillim Wcwase3 Nish pesodad V o+u� �,) Ar 401 ✓ i k J� I I �I TI yeti++_ le Ir I I I I I I aes) �1 uRalae•0 Council Meeting Date: March 27, 2007 AGENDA ITEM COVER SHEET Item No. 0 SUBJECT: Discussion and possible action with regards to City Transportation Projects and the impact to Williamson County Bond proceeds. ITEM SUMMARY: As a result of workshop discussions regarding the disbursement of Williamson County Bond proceeds to City Transportation Projects, City Council has asked Staff for information regarding project priorities and implementation of projects as well as direction as to fundinq alternatives for the projects. SPECIAL CONSIDERATIONS: None STAFF RECOMMENDATION: As shown on the Plan COMMENTS: ATTACHMENTS: None Submitted By: John Aldridge, Jim Transportation Engineer for Utility Operations Council Meeting Date: March 27, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to award a bid to G. Carter Construction Company, Inc. of Cedar Park, Texas for the installation of two traffic signals for the amount of $84,407.60 ITEM SUMMARY: Bids were received on March 9, 2007 for the traffic signal installation project. Three bids were received. This project consists of the installation of traffic signals at Whispering Wind & Del Webb Blvd. and CR 151 & Inner Loop Northeast. These signals have different funding sources but have been packaged together for cost savings. The signals should be operational approximately 60 to 90 days after the notice to proceed is given. The bid was found to be reasonable and within the project budget. The contractor is know to Staff to be reputable and has satisfactorily completed many similar projects in this area. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: CIP account #110-101-6921-00 Whispering Wind $38,841.60 CIP account #110-101-6919-00 CR 151 $45,566.00 GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the March 20, 2007 GUS Board meeting. STAFF RECOMMENDATION: Staff recommends awarding the bid for the Traffic Signals installations to G. Carter Construction Company, Inc. COMMENTS: None. ATTACHMENTS: Bid Tab tted By: Mark Miller,Jim ri Transportation Services ' toC'ty Manager Manager for Utilit' s ABULATION CITY OF GEORGETOWN, TEXAS DELL WEBB BLVD AND WHISPERING WIND DRIVE Tmffic Slanal Installatlon March 1, 2007 2:00 PM Georgetown, Texas Item Na 1 Ecturwtd ounomly I Un0 I B/d Data Dincriptlary Unit Ptice Evended Amount Unit Prim Extend Amount Uw Rice Unit i]aader Atmeua PY Amman 1 1 113 1 LF Drflf SW 30iu 160.00 1 1808.00 200.001 2.m.00 205.00 1 2.316.50 2 26.1 1 LF DriII Shag 6mc0 210.00 1 5.544.00 290.0 7656.00 300-W 1 7.920.W 3 5.0 1 LF I 1 1/s-Ioch Diva Sched. 40 PVC Conduit 6.101 3030 11.00 55.00 17.75 88.75 4 1 183 1 LF 2 -Inco Diem Sd d-40 PVC Conduit 725 1,34125 16.00 .00 14.30 2645.50 5 1 185 1 LF I 3-Ioch Disco Schell 40 PVC Conduit 1025 1.8%.25 20.00 3,700.00 13.70 W34.50 6 1 30 1 LF I4 Iucb Diva S.W. 40 PVC Conduit 16.10 483.00 =00 660.00 35.10 1053.00 7 90 1 LF 2 -Incl Diva Schell. 80 PVC Conduit Bort 17.101 1,368.00 X00 2,240.00 2t.00 1 680.00 8 160 1 LF 3 -Inch Dive Schad. 80 PVC Conduit (BY Bort 22.101 3.336.00 36.00 3 760.00 22.75 3,640.00 9 103 1 LE JEJamial Conductor o. B. 1.15 120.75 2.00 210.00 1.55 162.75 10 110 1 LF Elcw{cal Canduaor o. hssmted 125 13730 230 275.00 1.75 192-50 11 645 1 LF Eiewiwl Conductoro.8 Bm 0.95 612.75 1.70 109630 1.35 870.75 12 456 1 LF Eleettial Conductor Ri.8 Insulated 1.05 478.90 190 866.40 1.50 684.00 13 4 EA Gramd Bo T C(I629II).itbAjoroo 725.00 2L9W.00 900.00 3600.00 855.00 3420-0 14 I EA IasaR Higbwry Traffic Signal (ISOLATED) ioeludi g All Items & Apportemnees F..ibd by EiMer the Conttaws' of she City 7,750.00 7,750.00 15,000.00 15,000.90 31,800.00 31,800.00 - IS 6 EA llostill Backplin. 12 S 45.00 270.00 50.00 300.00 3830 229.80 - 16 1 EA Inmll BwJwIxv 12 5 SE 65.00 65.00 60.00 60.00 39.10 39.10 17 23 'EA IVEH SIG SEC 12 IED(HOUSING ONLY) 40.00 920.00 100.00 2.300.0D 9633 2,216.05 Is I BA lbuxall Vehicle SiaI SEC 12 LED Omen Arm, 40.00 40.00 30.OD 30.00 19.55 19.55 - 19 7 EA llostall Vchicic Si al SEC 12 IM LED Gam 40.0 280.00 30.00 210.00 18.85 13195 20 I EA lInnall Vebide SianalSEC 12 M LED elk, Arrow 40.001 40.00 30.00 30.00 1935 M55 21 7 EA Ilostall Vchicic Signal SEC 12 LED eBo, 40.00 260.00 30.00 210.00 18.83 171.95 22 7 EA lbumall Vchick Signal SEC 12 M CED 40.00 280.00 30.00 210.00 1825 131.95 - 23 1088 LF Famish&[mall Traffv Signal Cable gM A) (12AWG) IsCONDR 1.90 06720 2.00 2,176.00 1.75 1504.00 - 24 1 134 LF Furnish & Insall Tr.Ww Siamal Cable A) (12AWG) I5 CONDR 1.95 1 26130 230 30820 1.95 26130 - 25 251 IE Famish & kvall Traffic Sip,[ Cable A WWG CONDR 225 564.75 290 70280 230 57730 26 127 LF Furnish & Insall Tm6¢ Si al Cable I4AWG 2 CONDR 1.15 146.05 1.90 228.60 135 171A5 27 495 1 IF Fmish & [mall Tragic Signal Cbl. 16AWG 3 CONDR 1.40 693.00 130 742.50 135 76725 28 2 EA Insall Pcdeserien Detection 2-Imb Pmb Button 55.00 110.00 95.00 190.00 191.00 38200 - 29 1 EA Insall VIVDS PnsoevorSystem 1 .00 1,250.00 500.00 500.00 7820 7820 30 3 EA huall VIVDS Camera A...kly 410.00 I 0.00 250.00 750.00 635.00 1 5.00 31 I EA InmII VIVDS Set-I1PS 1100.00 1100.00 900.00 900.0 375.00 575.00 32 495 I.F Insall VIVDS Coarmunication Cable Comial 2.50 _____I P750 5.001 2,475mW 1.55 76725 7VTAL SM AMOUNT PARTA aams I - 32) LL_21.84160 I s 58,662.00 s 69,31690 L 11 - IxdA.� A�Lnmr Mm AAdmdz Nn 7 YES YES YES IM ntddm. till, rain Gn,nM YES YES YES YES BID TABULATION CITY OF GEORGETOWN, TEXAS NE INNER LOOP AND CR151 Traffic Slonal Installation March 1, 2007 2:00 PM Gwtastown, Texas NE INNERLOOP AT CR 151 11 I 1 I EA l la H HsPy y 1 nmc Jta1(IS LATED) Iocludbtg All Ham & Apputteoeow I 7,750,00 I 7,750.00 11,000.00 I 11,000.00 I 35,"0.00 I 35,930.00 I Fumisbcd by EiWa the Cmmaar oftbe City IIS I e I EA IPED SIG SEC (I20J) IED (2 INDICATIONS) 275.00 2,200.00 75.00 600.00 110.00 ;180.00 - 1 PARTA flf I - 32) 5 Bidda Aelmow Addenda No. l? YES YES YES YES Bidder vidc Bid YES I YES YES I YES Q L Council Meeting Date: March 27, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to award a bid to G. Carter Construction Company Inc. of Cedar Park, Texas for the installation of one traffic signal at Rivery Blvd. and Wolf Ranch Pkwy for the amount of 45,819.55 ITEM SUMMARY: Bids were received on March 9, 2007 for the traffic signal installation project. Three bids were received. This project consists of the installation of traffic signals at Rivery Blvd. and Wolf Ranch Pkwy. The signal should be operational approximately 60 to 90 days after the notice to proceed is given. The bid was found to be reasonable and within the project budget. The contractor is known to Staff to be reputable and has satisfactorily completed many similar projects in this area. Staff recommends awarding the bid for the Traffic Signals installations to G. Carter Construction Company, Inc. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: GTEC account #400-101-6023-00 Wolf Ranch Parkway GTEC Board Recommendation: This expenditure is within the GTEC approved Wolf Ranch Parkway budget. Staff Recommendation: Staff recommends the awarding of this bid for the Traffic Signals Installation to G. Carter Construction Company, Inc. COMMENTS: None. ATTACHMENTS: Bid Tab Submitted By Mark Miller, Transportation Services Manager Jim rigg Asst City for Utilities • • BID TABULATION CITY OF GEORGETOWN, TEXAS RIVERY BOULEVARD at WOLF RANCH PARKWAY Tmfflc Signal Installation March 1, 2007 2:00 PM Georgetown, Texas C 1 N. &d..I d 0,amewv U,dt Bid Dam I Desch tion ude Price A.t Unit Price Feivaled Amount Unit Rice exf dw tmu rsao,am Amount PNee Amowr 1 100% IS Mobiluati Bonds & I.. S 2jM.W 8 2,150.00 f 000.00 f 000.00 f 4 .W f 4.265.00 f f 2 11 LF Fanish & I veall Drill Strait 30k 165.00 1815.00 160.00 1,760.00 211.00 2,321.W 3 26 LF Famish & install Drill Shaft 36inO 210.00 5 460.00 200.00 s .00 315.00 8,190.W 4 100% IS Barricades Si &Traffic Haodlm 3000.00 3000.00 1800.00 _1,300.00 9770.00 9770.00 - 5 30 LF Fumuh & Install 2-Imb Diem, Sched. 40 PVC Conduit 7.25 217.50 13.00 360.00 22.70 681.00 6 240 LF Furnish & Insall3 Izwh Diane. Sched. 40 PVC Conduit 10.25 2,460.00 14.00 J .00 17.65 44" 7 80 LF Femish & bull Eketriesi Conductor o. 6 Insid ted 135 100.00 3.00 240.00 2.05 164.00 a 425 LF F,anuh & levell Elecniol Conductor o. 6 Bare 1.15 488.75 2.00 850.00 1.75 743.75 - 9 680 LF Famish & Install Elccnieal Cotduaor o.8 Luulared 1.05 714.00 190 1.292.00 1.70 1,156.00 10 5 EA Furnish & Wall Ground Box Ty,,c C 162911 with AImm 725.00 3.625.00 800.00 4 000.00 890.00 4,450.00 - 1 i I EA Fumuh & Insall Electrical Service T D 12W20070(NS)AL(E)PS(U) 4,175.W 4,175.00 6,500.00 6.500.00 4925.00 4925.0 - 12 1 EA Laall Highwry Treble Sipal (ISOLATED) Wledme All Irmo & Appea reoa aces F.ished b Eitharrhe Cessx m ofthe CitY 4,750.00 4,750.00 6,000.00 6,000.00 24,655.00 24,655.00 - 13 6 EA 11stuall Bac l to 12 W 3 SE 45.00 270.00 45.00 270.00 41.00 246.00 - 14 1 EA 1Istall Bac are 12 5 SE 65.00 65.00 60.00 60.00 39.10 39.10 15 4 EA Wrall Pedestrun Si SEC Led 2lediutions 275.00 1,100.04) 125.00 500.00 366.00 1 464.00 16 1 EA Insall Vehicle Sipd SEC 12 LED Gram A. 70.00 70.00 100.00 100.00 150.00 150.00 17 7 EA leatdl Vehicle Si SEC 12 LED Gran 70.0 490.00 woo 700.00 81.00 567.00 is I EA (mall Vehicle Signs SEC I2 LED allow An9w 70.00 70.00 100.00 100.00 150.00 150.00 19 7 EA Iera11 Vehicle Si SEC 12 LED ellow 70.00 490.00 100.00 700.00 81.00 567.00 20 7 EA Laall Vehicle Si SEC 12 W LED Red 70.00 490.00 100.00 700.00 133.00 931.00 - 21 56 LF Furnish & hunll Traffic Signal Cable e A 14AWG 2 CONDR 1.45 81.20 1.60 89.60 1.70 9510 - 22 438 LF Fumuh & Insall Traffic Si I Cable A 14AWG 5 CONDR 1.95 854.10 2.40 1,05120 215 941.70 - 2J 446 LF Fumuh&Wall Traffic Signal Cable 7 A 14AWG 7CONDR 2.25 1003.50 2.85 171.10 230 1115.00 - 24 290 LF Fumuh & los ell Traffic Si Cable A 14AWG 16 CONDR 3.95 1,145.50 5.00 1450.00 4.80 I 92.00 - 25 1 EA Wall Traffic Si I PL AMS I Alm 28 975.00 975.00 900.00 800.00 1,215.00 1.215.01) - 26 2 EA Insall Traffic Si al PL AM 1 Arm 36 UM 1,150.00 300.00 1 .00 3.000.00 1,700.00 3400.00 27 2 EA Lovell Pedesasin Pole Ass e..bl 750.00 1.500.w 500.00 5 000.00 1.620.00 3.240.W 28 4 EA Wall Pedestrian Detection 2 -Inch Path Bmon 55.00 220.00 120.00 480.00 20200 808.00 - 29 1 EA Insall VIVDS Pracwor S stem 1,250.00 1,250.00 500.00 500.00 84.00 84.00 30 3 EA Insall VIVDS Gmea Assembly410.00 1,230.00 250.00 750.00 675.00 2,025.00 - 31 1 EA lmall VIVDS Set UP 1,100.00 1100.00 900.00 900.00 575.00 575.00 32 864 LF Luno VIVDS Camwniarkn Cable Coaxal 2.50 2160.00 5.00 4,320M 1.55 1 3930 TOTAL RID AMOUNT PART (Items 2 - 32) Data LL -=1819.551 Ij Jnr, VJ YV 1 Ii �I a• Council meeting date: March 27, 2007 Item No AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to concerning the acquisition of a0.473 acre easement and a 0.776 acres easement from Williamson County for Project Lonestar ITEM SUMMARY: On March 13, 2007 Council authorized staff to negotiate the acquisition of two easements from the County. Attached are the two easements which would grant the City the right to install the necessary electric utilities for Project Lonestar, and allow the County (or a subsequent landowner) to place other utilities (except water) in the easement area, subject to the City's approval of the placement of those other utilities. ATTACHMENTS: Easements. by: Patricia E. Carls GEORGETOWN UTILITY EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON This Agreement (this "Agreement") is made on the day of 2007, at Georgetown, Texas, between the COUNTY OF WILLIAMSON, TEXAS, a political subdivision of the State of Texas, whose address is 301 S.E. Inner Loop, Georgetown, Texas 78626 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS and CONVEYS to Grantee, its successors and assigns, a non- exclusive easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of underground utility lines and related surface appurtenances (save and except water utilities) (collectively, the "Facilities") upon, under, and across the following described property of the Grantor, to wit: Being 0.776 of an acre of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, said land being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds and sketch in Exhibit A attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of Ten Dollars ($10.00.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. Grantee hereby agrees and acknowledges that the primary facilities shall be underground, and that the related appurtenances may be on the surface. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's successors and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof, by, through or under Grantor, but not otherwise. 6. The Easement and the rights and privileges granted by this Agreement are EXCLUSIVE to Grantee, and that Grantor and Grantor's successors and assigns shall not convey any other easement, license, or conflicting right to use the Easement Area. Grantee reserves unto itself the sole and exclusive right to consider applications for Licenses to Encroach in the Easement Area made by other entities to allow placement of other utilities (save and except water utilities) upon, under and across the Easement Area. Notwithstanding the foregoing, the Grantee agrees that it will not unreasonably withhold approval of said Licenses to Encroach. 8. In addition to the Easement, rights, and privileges herein granted, Grantee shall have the temporary right to use the surface of any property owned by Grantor which is within twenty feet (20') of the Easement Area (the "Temporary Easement Area") to the extent necessary to construct and install the Facilities within the Easement Area. Upon the completion of such construction and installation, Grantee shall restore the surface of the Temporary Easement Area to the condition in which the same was found before any such work was undertaken, and Grantee's right to use any portion of Grantor's property adjacent to the Easement Area shall thereupon terminate for all purposes. 9. The Temporary Easement Area shall be in effect from the date construction begins on the Project and shall expire upon completion of construction of the Project on the adjoining permanent utility Easement Area, but no later than one (1) year from the date of execution hereof. 10. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 1 l . The terms of this Agreement shall be binding upon Grantor and Grantor's successors and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 12007. GRANTOR: COUNTY OF WILLIAMSON M Dan A. Gattis, County Judge APPROVED AS TO FORM: Hal C. Hawes Assistant Williamson County Attorney APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attorney C Gary Nelon, Mayor (Acknowledgments follow on separate page) ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2007, by DAN A. GATTIS, County Judge of the County of Williamson, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2007, by GARY NELON, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said home -rule municipal corporation. Notary Public, State of Texas LEGAL DESCRIPTION FOR A PROPOSED PUBLIC UTILITY EASEMENT BEING 0.776 of an acre of land situated in the Lewis J. Dyches Survey, Abstract No. 180, in Williamson County, Texas, said land being a portion of that certain tract of land, called 94.1189 acres, as conveyed to Williamson County, Texas, by deed recorded as Document No. 2001021470 of the Official Public Records of Williamson County, Texas. Surveyed on the ground in the month of February, 2007, under the supervision of Brian F. Peterson, Registered Professional Land Surveyor, and being more particularly described as follows; Be g for Reference, ata 1 I/2" pipe found, on, or near, the South line of the Lewis J. Dy hes Survey, Abstract No. 180 and the North line of the Francis A. Hudson Survey, Abstract No. 295, being on the East line of the above referenced 94.1189 acre Williamson County, Texas, tract, being the most easterly Northwest comer of the remainder of that certain tract of land, called 62.258 acres, as conveyed to Gregory G. Hall, by deed as recorded in Volume 2641, Page 808 of the Official Records of Williamson County, Texas; a southerly corner of that certain existing 20 -foot -wide Right -of -Way and Easement as conveyed to the City of Georgetown, Texas, as record in Volume 2098, Page 409, of the Deed Records of Williamson County, Texas; THENCE, N 66-36'15' W, 28.15 feet to an iron pin set for the said existing 20 -foot -wide Right - of -Way and Easement, for the Southeast comer and Point of BEGINNING hereof, THIfICE, along the North line of the said existing 20 -foot -wide Right -of -Way and Easement as follows; S 68°07' l5" W, 883.02 feet to an iron pin set S 71054145" W, 183.23 feet to an iron pin set;' S 67058" W, 450.86 feet to an iron pin set; S 69°05' W, 321.57 feet to an iron pin set S 68°22'15" W, 195.77 feet to an iron pin set S 69018' W, 176.44 feet to an iron pin set S 69°04'45' W, 76.10 feet to an iron pin set; and S 69°41130" W, 443.17 feet to an iron pin set on the East line of County Road No. 116, being the West line of the said 94.1189 acre Williamson County, Texas, tract for the Southwest comer hereof; an iron pin found on the East (incl of County Road No. 116, marking She Southwest comer of the said 94.1189 acre Williamson Corinty, Texas, tract being the Northwest comer that certain tract of land, called 5.036 acres, as conveyed to James L. Brock and wife, Paula D. Brock, by deed as recorded in Volume 1803, Pa g� 13, of the Official Records of Williamson County, Texas, bears S 21°38'30" E, 20.01 feet from said point and iron pin found bears S 5°15' E, 1.40 feet THENCE, along the said East line of County Road No. 116, being the West line of the said 94.1189 acre Williamson County, Texas tract, N 21038130" W, 10.00 feet to an iron pin set for the most westerly Northwest comer hereof; THENCE, N 69°41'30" E, 443.35 feet to an iron pin set N 69004'45" E, 76.06 feet to an iron pin �set N 69018' E, 176.38 feet to an iron pin set N 68022115" E, 195.75 feet to an iron pin set N 69°05' E, 321.53 feet; to an iron pin set, N 67°57'30" E, 451.11 feet to an iron pin set N 7.1054145" E, 183.24 feet to an iron pin set and N 68°07' 15" E, 862.79 feet to an iron pin set; N 73°23'45" E, 14.20 feet to an iron pin set and N 21020' W, 641.66 feet to an iron pin set on the curving South line of that certain Temporary Tum -Around Easement, on the South end of Blue Ridge Drive as shown on the plat of record in Cabinet CC, Slide 346, of the Plat Records of Williamson County, Texas, being described in a Declaration of Temporary Roadway Dedication of record as Document No. 2007002948 of the Official Public Records of Williamson County, Texas, for the most northerly Northwest comer hereof; IEXHIBIT $ A / —""• �.. Lewis _ s J• T 4.• A. ancis M ran—cis- e �n Sol 5 �"n �� per- I �.p 1 1 � lam' —^� MR,Y Rroo..a mcaa«w. �� 40strac=7 Dyches Survey noo,..e'oser.m.Abstract NO.HudsonY" T mpna.wae.w,,.� tlgaf)opebrn,. Terr �� �weisor A Proposed Utility Easement Williamson County, Texas, Tract Lewis J. Dyches Survey Abstract No. 180 Williamson County, Texas STEGEqkIZZELL 180 295 THENCE, along the said South line of the Temporary Tum -Around Easement, along a curve to the left, (Radius = 70.00 feet, long chord bears N 89018'E, 10.69 feet) an are distance of 10.70 feet to an iron pin set on the westerly line of the said existing 20 -foot -wide Right -of -Way and Easement for the Northeast comer hereof; THENCE, S 21°20' E, 657.80 feet to the Place and BEGINNING and containing 0.776 of an acre of land. Note: The above referenced 0.776 of an acro tract of land shall have the benefit of a 20 -foot -wide temporary construction easement along, adjacent to, and 20 feet in width along the entire north and west line of the said 0.776 of an acre tract. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 1, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, to the best of my knowledge and belief. To certify which, witness my hand and seal at Georgetown, Williamson County, Texas, this the ,rl day of 'nAiy% 2007, A.D. Brian F. Peterson Registered P � nal =Surveyor, No. 3967 tate of Texas 21033i -1d STEGE IZZELL 1978 S. Ao do Ave Gewgela . Tx 78626 (512) 930-9412 Council Meeting Date: March 12, 2007 Item No. EXECUTIVE SESSION AGENDA ITEM COVER SHEET SUBLECT: Discussion and possible action concerning the acquisition of a 0.04 acre Clear Zone Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue, in connection with the proposed Texas Department of Transportation/Austin Avenue Maintenance Project. ITEM SUMMARY: On January 9, 2007, by Resolution No. 010907-N, Council authorized the acquisition of the above-described property interest from Threadgill Oil Co., Inc., in connection with the TxDOT Austin Avenue Maintenance Project. Special Commissioners hearing was held on March 6, 2007 and the Special Commissioners awarded $498,170.00. (See attached Award of Special Commissioners) The City's appraiser valued the property at $301,000.00, so the award was significantly higher than expected. Attached is a memo from Kent Sick, the City's condemnation attorney, outlining the City's procedural options related to this award. Mr. Sick will be available at the meeting to update the Council and answer questions. ATTACHMENTS: 1. Award of Special Commissioners 2. March 8, 2007 memo from Kent. A. Sick Submitted By: Jim Briggs, Assistant City Manager for Utility Operations Patricia E. Carls, Brown & Carls, LLP City Attorney CAUSE No. 07-0168-CC4 THE CITY OF GEORGETOWN § PROCEEDING IN EMINENT DOMAIN TEXAS § PLAINTIFF § § COUNTY COURT AT LAW NO. 1 vs. § THREADGILL OIL COMPANY, INC., § ct al § WILLIAMSON COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS TO THE HONORABLE COURT: On March 6, 2007, at 9:30 a.m. in the Georgetown Utility Systems Building, at 300 Industrial Avenue, Georgetown, Texas, the above -styled eminent domain proceeding came on to be heard before the undersigned Special Commissioners; and came the Plaintiff, City of Georgetown(" Georgetown"), represented by its attorney, and came also each of the named Defendants, either individually or represented by counsel, or having been duly served with a Notice of Hearing or having waived said Notice of Hearing, declined to appear: Threadgill Oil Company, Inc., a Texas Corporation, Farmco Transport, L.L.C., Action Fuels, L.P., and Syeed Shad. The parties present announced ready, and the Special Commissioners proceeded to hear evidence and arguments of the parties and made the following findings: Georgetown as Plaintiff has filed its Original Petition with the Honorable Judge of this Court wherein it seeks a decree in Eminent Domain to acquire a roadway clearance easement and denial of access over the property described graphically in the attached Exhibit "A" and by metes and bounds in the attached Exhibit "B," both incorporated herein by reference as if fully set out and subsequently referred to as the "Property." H. We the Special Commissioners, having been duly appointed by the Honorable Court, having taken the necessary oath, and all Defendants having either waived notice of this hearing through their attorney of record or having been duly served with Notice of Hearing, all in the manner prescribed by law (as shown by papers filed herein), did proceed to hear the evidence adduced by the parties present at the hearing. After consideration, we find as follows: for the market value of the easements taken and for damages to the remainder, if any, by reason of these condemnation proceedings, Defendants herein are entitled to the sum of e! ,I0�Rt "2/x44- rt.-.! oDollars w �� 70" S said sum to be paid jointly to the parties herein or as their respective interests may appear. All costs of this proceeding are adjudged against the Plaintiff, City of Georgetown, and this decision is herebyreducedto writing and it and all other papers connected with the proceeding together with our Certification of Service as Special Commissioners are herewith returned to the Honorable Judge of said Court. DATED this day of 2007. DALE ILLIG SPECIAL COIvIMISSIO R 2 RANDALL PICK SPECIAL COMMISSIONER SPECIAL COMMISSIONER'S STATEMENT OF SERVICE My name is Dale Ili . I was appointed as a Special Commissioner in the foregoing matter and have expended the following time and services in the performance of said Commission: Oath of Special Commissioners Special Commissioner's Hearing Other Appearances Date Hours 0.5 03-06-2007 l .0 SIGNED this day of 2007. r DALE ILLIG Special Commissioner SPECIAL COMMISSIONER'S STATEMENT OF SERVICE My name is Glenn Kine. I was appointed as a Special Commissioner in the foregoing matter and have expended the following time and services in the performance of said Commission: Oath of Special Commissioners Special Commissioner's Hearing Other Appearances SIGNED this day of Date CIk71..�r 11 I 2007. Commissioner SPECIAL COMMISSIONER'S STATEMENT OF SERVICE Hours 0.5 4.0 (),a My name is Randall J. Pick. I was appointed as a Special Commissioner in the foregoing matter and have expended the following time and services in the performance of said Commission: Date Oath of Special Commissioners Special Commissioner's Heating 03/06/2007 Other Appearances SIGNED this (off day of 11111ai.,lell 2007. Ate/ �-it RANDALL J. PICK Special Commissioner 4 Hours 0.5 y. a ORDER SETTING FEES OF THE SPECIAL COMMISSIONERS AND PROVIDING FOR PAYMENT BE IT REMEMBERED that the Special Commissioners previously appointed by this Court in the above -styled and numbered cause, having discharged their duties according to law, and this Court, being empowered under and by virtue of Tex. Prop. Code Ann. § 21.047( c) to set their fees, it is therefore ORDERED that the fees ofthe Special Commissioners in this cause be and they hereby are set and taxed as casts as set forth in detail in the Special Commissioners' Statements of Service. Fees due Special Commissioners as set by the Court are as follows: Dale Illig Glenn King Randall J. Pick Upon Plaintiff's payment into the registry of the Court of the fees due the Special Commissioners pursuant to this ORDER, the Clerk of the Court is further ORDERED to immediately disburse said fees to each of the respective Commissioners. The Clerk of this Court is also ORDERED to notify all parties or their attorneys of record of the filing date of this Award, by certified mail, return receipt requested, at their addresses of record pursuant to Tex. Prop. Code Ann. § 21.049. The above Award of Special Commissioners was signed by me on this the day of 2007. Upon Plaintiffs deposit of the amount of the Award of Special Commissioners into the registry of the Court, it is ORDERED that Writ -of -Possession issue in favor of the Plaintiff, City of Georgetown, Texas, against the Defendants. Presiding Judge County Court at Law 4 of Williamson County, Texas YLS/OLa I I I N11N1 I I 701S4LLLON 1 1 a •c •10-, aa�M a�.l ' LSI,YYl -- u�mlo , I" I 1SIOOPLOW MLIN7 NILJSI'Qms 1W.1' 3l I 9 I 5101 1UVd I Yyl 1 1 i SS I 9 I `19CL'y •Ol[ 7. ipa. yq'.Y ...N M'f r,we .. 5 .wo ielol,u asn �.I,arE La ,mmroa uu a�sooerL s.� a,u�'; "•Ojpjw ,. uu.lo e. Isimoso a un....o. •wr wuu m. wn ummrr mlv,w , , se'carr lrar kM yva rvwr� �rnsLx'vaJ Lo .Uo.b ♦ � a > s r,var�,. Larr / tyDi1•a J/ LLO 3W N ]AO ]'l�'VLLTl! JI Lao �f .uaacasra�s ✓Q i%��% / ray tna .erns AR=V A TM1x pY }qL ..� . AARM. awl "Rh '9l'IV w.1..11 Yw1.N TWZl Y<0•.uwl A::. Y®wf\.IMrdyi � �•••^,aro.a u.+smu. ww., ..aa,m. am .uraaaa a..,m 1 • b0Y[LaY iu.o V„�. u m,a c?TII +•..>a..r ..•....mw own..s. �.rm...wu.lnu furl Y In 1 .rcvl .+.w n +rm •aT...,, ��.....,.�... ,nu ,...,..�....�... aww.00 �-. .: ,.r'nu.v:oad..a avam,wuo.. iR �u�YLLryY..y ,l—ITTlY.. iLL 1, Wm i �,m .YY.I io0 moom..l Al” 3 rt= /]IM'r3B l]IY,S S.. I'll .91, k ,Vic 101 ' tL/G122 Li 3903LDIlL� AVlI ANNOl 1 , aaru a.amwn +.0 s.0 ian m, / m 0m, nu = LLaY[i 9.Td'./1 / . JlXl1 PIYIOJ aMw 4, L]] m t6 lai 1 MR, MpP I[aa i Q pa rOro U<,Yw p}1y,•py, aW / LL,a� OYtl, W WAR .eW ,1la ¢L.IW / / `19CL'y •Ol[ 7. ipa. yq'.Y ...N M'f r,we .. 5 .wo ielol,u asn �.I,arE La ,mmroa uu a�sooerL s.� a,u�'; "•Ojpjw ,. uu.lo e. Isimoso a un....o. •wr wuu m. wn ummrr mlv,w , , se'carr lrar kM yva rvwr� �rnsLx'vaJ Lo .Uo.b ♦ � a > s r,var�,. Larr / tyDi1•a J/ LLO 3W N ]AO ]'l�'VLLTl! JI Lao �f .uaacasra�s ✓Q i%��% / ray tna .erns AR=V A TM1x pY }qL ..� . AARM. awl "Rh '9l'IV w.1..11 Yw1.N TWZl Y<0•.uwl A::. Y®wf\.IMrdyi � �•••^,aro.a u.+smu. ww., ..aa,m. am .uraaaa a..,m 1 • b0Y[LaY iu.o V„�. u m,a c?TII +•..>a..r ..•....mw own..s. �.rm...wu.lnu furl Y In 1 .rcvl .+.w n +rm •aT...,, ��.....,.�... ,nu ,...,..�....�... aww.00 �-. .: ,.r'nu.v:oad..a avam,wuo.. iR �u�YLLryY..y ,l—ITTlY.. iLL 1, Wm i �,m .YY.I io0 moom..l Al” 3 rt= /]IM'r3B l]IY,S S.. I'll m,� J'm•'f'IX' —_ • aanL au.ae sr a.w o,,.no a.., aaru a.amwn +.0 s.0 ian m, v"- a . MR. m 0m, nu = . JlXl1 PIYIOJ aMw 4, L]] m t6 lai 1 MR, MpP I[aa i Q pa rOro U<,Yw p}1y,•py, aW mi TA . `Aa , f93RlaY LL,a� OYtl, W WAR .eW ,1la ¢L.IW A a}ay.v rn,.ua La,6 r.anw aiw FOREST SUIS . rYINO AND MAPPING CO. 1002 Ash St. Georgetown, Tx. 78626 DESCRIPTION FOR THREADGILL OIL CO. INC. — CITY OF GEORGETOWN PROPOSED CLEAR ZONE AD ACCESS LIMITATION BEING 0.04 acres, including part of Lots), 4, 8; 5 in Block 18 of the North Georgetown Addison, a subdivision addition to the City of Georgetown, of record in Cabinet A, Slide 249, Plat Records of Williamson County, Texas. This property is part of the same 0.27 acre parcel which was conveyed to Threadgill Oil Co. Inc. as described in a deed of record in Vol. 2518, Pg. 47, Official Records of Williamson County, Texas. This area has been described based on calculations and data collected in a survey made on the ground in June of 2005, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEG I; WING at a steel cotton spindle set in.2005 for the Northwest corner of the said 0.27 acre parcel which was conveyed to Threadgill Oil Co. Inc, as referenced above and as surveyed in 2005. This comer exists at the intersection of the South line of Spring Street with the East line of Old U.S. Highway 81 (commonly known as North Austin Ave.), in the North line of said Lot 3. THENCE with the South line of Spring Street and the North line of said Block 18, following the Noith boundary of the 0.27 acre tract surveyed in June of 2005, N 89 deg. 08 min. E (L t) 111.32 feet to a an unmarked point. THENCE remaining parallel to and 10 feet Easterly from the East line of North Austin Avenue, with the arc of a curve (C 1) to the left having a radius of 914.43 feet, 152.88 feet with the arc of the curve, the chord bears S 22 deg. 26 min. 52 sec. W 152.70 feet to the South boundary of the said 027 acre parcel, an unmarked point. THENCE with the South line of the said 0.27 acre Tbreadgill tract, S 88 deg. 47 min. 40 sec. W (L2) .56 feet to an iron pin found in an asphalt driveway as existing in 2005. THENCE with the curved East R. O. W. line of Old U.S. Highwav 81 (ak.a. North Austin Avenue), (C3) at N 18 deg. 19 min. 55 sec. E 30.00 feet along the arc of the curve, pass the beginning of a proposed denial of access area, continuing with a Denial of Access Zone, {sub -chord (C2) 122.63 feet with the arc of the curve, the chord bears N 23 deg. 06 min. 49 sea E 122.54 feet), combining the two sub -chords and continuing in all 152.63 feet with the arc of the curve to the righthaving a radius of914.43 feet, the long chord bears�N 22 deg. 10 min. 25 sec. E 152.45 feet to the POINT OF BEGINNLVG.. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF W[LLLkMSON : 1, WM. F. FOREST, JR., do hereby c-rify friar this description was prepared based on calculations made this date and data collected in a survey was made on the ground of the 0.27 acre Threadgill Oil Co. property in July of 2005. Ownership and easmnent information for this tractbas not been researched or updated except as shown on the attached plat. TO CER Y V-,rr11CH, my hand and seal at Georgetown, Texas, this die 4's day of October of2006AFEGISTERED :W rd38: eadgill eazonc.doc N \ �•. '� ;ice, � �� P ` � tiLE FOREST JR. PAOFESSIONO,_. AND SURVEYOR NO. 1847 fir' ut F. FrX tES'f JR. EXHIBIT P 'L 'N� 5-• _ - fti "Kent Sick" To 'Terri Glasby Calhoun" <tgc@georgetowntx.org>, "Trish <kent@kentsick.com> Carts" <tcaris@brown-carls.com> 03/08/200711:12 AM cc "Melissa Puntenney" <melissap@kentsick.com> Please respond to bcc <kent@kentsick.com> Subject Threadgill outcome; options ' "' "" PRIVILEGED ATTORNEY-CLIENT COMMUNICATIONS "" " Tem, Trish -- As you know the Special Commissioners (Glen King, Dale Illig, and Randall Pick) awarded Mike Threadgill $498,170 on Tuesday, almost $200,000 more than the City's appraiser Chris Griesbach had recommended. The primary differences between Greisbach's opinions and those of the landowner are: (a) Greisbach deducted market expenses from the property's income stream while the landowner deducted his actual expenses, purportedly much lower; (b) Griesbach capitalized the income stream at 10% while Threadgill used 8.5%, (c) Greisbach opined that the remainder could lease for $1500/month as is while the landowner used only $500/month. I have attached the handout that Threadgill provided the Commissioners. Greisbach said total compensation should be $301,000; Threadgill asked for $557,000. The Commissioners awarded $498,170. I spoke with them briefly afterwards. Commissioner King told me he did not believe that a 10% cap rate for the property before the taking was supportable, and that Threadgill's evidence of actual sites he had recently sold was convincing. He said for purposes of their decision, the Commissioners decided the whole property was worth $525,000, and the highest and best use was to remove the improvements and sell the vacant land only at a value of $130,000. The difference between these two numbers (compensation) is $395,000; the additional $103,170 between this differential and the Commissioners' Award is $20,000 for removal of the tanks and another $83,170 for scraping the remaining improvements. The City must deposit the Award in order to take possession of the property. However, the City is not required to deposit the Award and take possession. Not depositing the Award does not prejudice the City's right to object to the result of the hearing in any way. I calculate the last day for objections to be filed as April 2; to be safe, I recommend filing objections should the City elect to do so on or before March 26th. Failing to timely object means the Commissioners' Award becomes the final and unappealable judgment in the case. My original options memo to the Council in August estimated that the range of possibilities for this condemnation option was between $298,000 and $478,000. This result being just beyond the far side of my estimate, I am not satisfied with it from the perspecitive of what the City is paying and what the City is getting. In my opinion the City has at least two options from this point forwards, both of which involve timely objecting to the Commissioner's Hearing result. The first option involves moving forward with the case and spending more money and time on the lawsuit in the hopes of getting some money back from Threadgill from the Commissioner's hearing result; the second option involves purchasing the whole property only if Threadgill will bear the bulk of potential liability for UST removal. — Option 1: pursue the case as is — After hearing all of the evidence, in my view a perhaps more convincing appraisal position would be to (a) agree that a lower cap rate of 8.5% or so is more appropriate, and (b) that the highest and best use of the remainder is indeed to remove the improvements and construct 2000 SF of new retail on the site as proposed by the City's planning expert Carson (I have attached his drawing showing such a building, as well as his drawing showing the property as -is after imposition of the easements). I spoke yesterday with a number of professionals to flesh out what such an appraisal might look like; I consulted with our experts Chris Greisbach and Bill Carson as well as getting hypothetical opinons of costs and cap rates from Mark Smith and Larry Kokel. In extremely rough terms, here is what I think such an appraisal would look like: Fair market value of whole: $531,105 ($45,144 NOI for existing bldg and improvements / 8.5% cap rate, from existing lease and Threadgill proposed cap) Fair market value of remainder: $525,486 ($36,784 NOI for new 2000 SF retail bldg / 7% cap rate, rental and cap rate estimates from Griesbach and Kokel) Compensation: PLUS Tank removal: Demo remaining imp and scrape site: $5619 (difference between FMV before and after) $20,000 (per Brent Peffer rough estimate) $15,000 (per Bill Carson current opinions) Site work and new bldg imp. $350,000 ($175/foot for 2000 SF of bldg and site improvements; highest estimate I received yesterday from 3 appraisers) TOTAL: $390,619 This option would involve another approximately $25,000 to $35,000 in fees and expenses in an effort to get back around $108,000 such that the City's net recovery would be around $83,000 to $73,000. Given Threadgill's current claim of $557,000 and the Commissioner's Award of $498,000, the City has little to lose in pursuing this recovery other than the additional fees and expenses. However, at the end of this option the City has only a clearance easement and denial of access; Threadgill of course retains the rest of the rights in the property. — Option 2: Buy the whole property from Threadgill with Threadgill keeping majority of tank removal liability -- At Jim Briggs' request I spoke with Threadgill yesterday about his willingness to sell the property to the City for $600,000 (Threadgill's value) on the terms that UST removal would be completed while Threadgill still owned the property, and under his insurance policy. Threadgill said that he would not pay to have the tanks removed; that he had the property "sold" to the current tenant at $600,000 with the USTs in place and that sale would have happened but for the condemnation, and that he wanted to realize that much money. He further said that he would look at his policy to confirm it paid for potential contamination problems; he was sure in any event that there was a $10,000 deductible. He is supposed to call me back after reviewing the policy. Proceeding under this option would look somewhat like this: Purchase property: Clean tank removal: Possible deductible: Scrape improvements: Total out-of-pocket to City: FMV raw land remainder: $600,000 $ 20,000 $ 10,000 $ 15,000 $645,000 $135,250 (per Greisbach appraisal) Net cost of acquisition to City: $509,750 This option costs about the same as the Commissioners awarded Threadgill after hearing the City's evidence and Threadgill's evidence, and has the distinct advantage of the City controlling the property after Threadgill removes the tanks under his insurance policy. I will be at the Council meeting this coming Monday evening to discuss these matters in more detail. Please let me know if you have any follow up questions before then. Sincerely, Kent Threadgill handoul.pdf COMPARIBLE SALES OF THREADGILL CONVENIENCE STORE PROPERTIES DURING LAST 6 MONTHS 500 S Bell Cedar Park $4500/month Triple Net Asked $650,000. Sold $650,000. 8.3% Cap Rate (Date closed 1-29-07) 2509 S Bell Cedar Park $4500month Triple net Asked $600,000. Sold $600,000. 8.5% Cap Rate (Date closed 9-22-06) Hwy 29 Liberty Hill $3500/month Triple net plus approximately $100041500 month gas income to Threadgill Oil Co. Asked $695,000. Sold $695,000. 7.8% to 8.6% Cap Rate (Date closed 10-5-07) Hwy 290 Johnson City $2500/month triple net Asking $350,000. (under contract $350,000.) 8.6% Cap rate Hwy 281 Lampasas $2250./month Triple net plus approximately $1000 month gas income to Threadgill Oil Co. Asking $450,000. (under contract $450,000.) 8.6% Cap Rate 101 University Georgetown $4250/month Triple net Asked $600,000. Unsold (lots of interest) 9 % Cap Rate 705 N Austin Ave Georgetown $4500/month Triple net Asked $635,000. Unsold due to condemnation 8.5% Cap Rate ESTIMATION OF NET OPERATING INCOME USING APPRAISERS EVALUATION OF REMAINDER Total Gross Inc. $54,000.00 Less Vacancy (No vacancy in last 20 years) .00 Less Management fees 2,052.00 Less legal and Accounting 400.00 Less leasing commissions (never paid any) .00 Miscellaneous0� 0_00 Net Operating Income 51,348.00 Using 8.5% Cap Rate value equals 604,094.00 Less value of easement 13,170.00 Less compensation of tank removal 20.000.00 Value of remainder 570,924.00 Remainder before Acquisition 570,924.00 Remainder after acquisition 150,480.00 Indicated compensation 420,444.00 Compensation for permanent Clear Zone 13,170.00 Special Compensation for Tank Removal 20.000.00 Total compensation for easement and Damages 453,614.00 COMPARIBLE RENTALS FOR VALUATION OF REMAINDER WITHOUT GAS AND LRVIITED ACCESS 100 East Spring (next door property) 800 Sq. Ft $800.00/rent less tax and Insurance of approx $200./month Equals $.75 net per square foot or $600./month 915 North Austin Ave ('/s block away) 600 Sq. Ft. $850./month triple net Equals $1.41 net per Sq. Ft. or $850./month SUBJECT PROPERTY 705 No. Austin Ave. 456 Sq. Ft. ©. $1.08 sq. Ft. NNN (Average of two above rentals) Equals 456 Sq. Ft. X $1.08 = $492.48 Or approximately $500.00 per month rental 4u. VALUATION OF REMAINDER AF'T'ER THE ACQUISITION Rent $6,000.00 Less 5% vacancy 300.00 Less management fee 240.00 Less legal and accounting 400.00 Less leasing commission 240.00 Less miscellaneous 120.00 Net Operating Income 4,700.00 Value of remainder is $47.000.00 using 10% Cap Rate ESTIMATION OF NET OPERATING INCM& USING NEW VALUE OF REMAINDER Value of remainder before Acquisition $570,924.00 Less Remainder after Acquisition 47,000.00 Indicated Compensation 523,924.00 Plus Compensation for Permanent Clear Zone 13,170.00 Plus Special Compensation for Tank Removal 20.000.00 Total Compensation for easement and damages 557,000.00 i'. V23 -010m3-010 A-I.Oyg Thu Mar 08 10:57: 35 2007 / 7 / 7 i _ CF .o / THE CITY OP GEORGETOWN MOOIPICATION OF THE THPEADGILL OIL COMPANY PROPERTY nK vn+o�e rwrean ,� SPRING 5TREET EXHIBIT A -I O S .O w G®� 1 \725-010\725-010 E-1dwg Thu lar 00 It: It 20 2007 r- — —Wv` 7r; RETAIL ' MCP �- THE CITY OF GEORGETOWN ACOUI5ITION OF THREADGILL OIL COMPANY PROPERTY REDEVELOPM9IT O/ rM IRM01OBt 5PRING STREET [XHIDIT E - I vaoro 'J f ,o XI UR9ONRNf!