HomeMy WebLinkAboutAgenda CC 09.27.2005CON MENT1AL
to"
Chris Griesbach" To: "Kent Sick" <kent@kentsick.com>
cgriesbach@austin.rr cc: "Terri Glasby Calhoun" <tgca@georgetowntx.org>
corn> Subject: Threadgill Oil - Analysis of Counter Offer
09/06/2005 12:05 PM
Kent, as you requested I have reviewed the counter offer made by the
property owner, Mr. Treadgill. My response to his counter offer is as
follows:
Mr. Threadgill's response is exactly as I would expect from an owner
operator who manages his own properties. This type of property owner will
in fact often be able to operate and manage a property for far less than a
typical investor assuming of course that he does all the work in house and
that he works for free or for well below the market as it appears Mr.
Threadgill does. A perfect example is that he is managing the property for
less than 18 of his NOI which is totally unheard of in the marketplace. Any
management company is going to charge a minium of 98 and most would quote
5-68.
In my appraisal I must assume that a typical investor will be owning the
property and that he will incur typical operating expenses in the year to
year operations of the property. This includes hiring a management company
to manage the property, a broker to handle the leasing, an accountant to
handle the accounting, and a lawyer to handle the legal issues. While Mr.
Threadgill has reported that he has operated the property for far less than
my projected expenses I still feel that all of my expenses are justified and
market supported.
As for the vacancy factor I assumed only a 58 vacancy which necessary to
cover the vacancy and rent loss the owner might experience between tenants.
The owner might go three more years at 1008 and then be vacant for six
months before re-leasing the property or the tenant could move out next week
without notice and cause a 10-308 vacancy this year. So the 58 is a blended
rate that must be included to account for the average vacancy in the
marketplace. Again, this is a market dirived vacancy rate that any typical
investor is going to plug in when estimating a Net Operating Income.
As for the Capitalization Rate, I utilized a 108 cap rate which many
investors might argue is low given the subject's poor condition and poor
quality of construction. The only factors that support such a low rate for
the subject are the good fuel sales and the good location. In my opinion an
88 capitalization rate is not supported nor justified.
In summary, based on a review of the owners counter -proposal I see no reason
to change or alter any of my original conclusions or projections in the
appraisal of the property.
I would suggest that we start work immediately on the appraisal of the
remainder so that I can provide you with an estimation of the part taken and
the remainder.
Chris P. Griesbach, MAI
Lone Star Appraisals & Realty, Inc.
Sep 06 05 09:53a Mike & Jeanie Threadgill 512-715-8611 p.l
THREADGILL OIL CO., INC.
P O BOX 1159
BURNET, TX 78611
PHONE 512-715-8511
Fax 512-715-8611
FA4X TIZAWMMAL FORM
Message:
Name: "`
L ` `-yl- I (I C V p
Date Sent:
CC:
Phone: Number of Pages:
Fax:
A
CONPIDIENTIAL
Sep 06 05 09:53a Mike & Jeanie Threadgill
THREADGILL OIL CO., INC.
PO BOX 1159
BURNET, TX 78611
9-6-05
Kent Sisk
2705 Bee Cave Road Suite 240
Austin, TX 78746
Fax 512 478 1906
Dear Mr. Sisk:
512-715-8611 p.2
CONFIDENTIAL
I looked over the appraisal you provided and decided to give you a counter offer to the
original offer.
This offer is based on my personal re-evaluation of the appraisers estimations and
assumptions. I will take them one at a time.
1. Operating expenses.
A. Management (4%) Threadgill Oil Company is a family operation whose owners are
my wife and I. Therefore any management expenses would be paid to us. I am adjusting
these expenses to be "0".
B. Legal -Accounting. This unit is part of a 10 unit lease and my estimation of legal
accounting is $462.00 per year. This exceeds our historical costs.
C. Leasing Commissions. In the convenience store business the lessees pay the
landlord for their businesses. This is common practice. The estimated income to the
owner if a vacancy occurs would be $100,000. That's why there are never any vacancies
in our business. I have reduced these numbers to 0.
D. Miscellaneous. I have estimated these expenses to be 1% or $461.00.
The new estimated total operating expenses are
Management 462.00
Legal Accounting 461.00
Leasing 0.00
Miscellaneous 461.00
Total Operating Expenses $1383.00
Estimation of Net Operating Income.
Gross Income $48,600.00
Less vacancy and collection .00
This unit which we have owned since 1994 and teased since 1987 and previous owner
leased from 1984 has never had a vacancy or collection loss. Therefore the amount is 0.
Using my estimations the net operating Income is $47.217.00.
Sep 06 05 03:53a Mike 5 Jeanie Threadgill 512-715-8611 p.3
CONFIDENTIAL
Capitalization Rate.
I have been negotiating leases on other properties and I feel the Cap Rate should be 9%.
My estimation of value is $47,217.00/.08 = $590,212.00
While I have not spoken to.an attorney or appraiser, I feel I could accept this amount for
the entire tract and forgo further negotiations. This would be subject to my negotiations
with my lessees.
If there is no interest in my offer please advise me and 1 will locate a lawyer and
accountant to represent me in court.
Sincerely,
Michael R Threadgill
Cc: Terri Calhoun
Fax 512 930 3 559
CONFIDENTIAL
LAW OFFICES OF
KENT ALAN SICK
2705 BEE CAVES ROAD • surrE 240 - AUSTIN, TEXAS 78746 • PHONE (512) 472-8o22 • FAX (512) 478-1906
Mike Threadgill
3000 County RD 110
Burnet, Texas 78611
September 2, 2005
Byfederal express overnight
Re: 705 N. Austin Avenue in Georgetown.
Dear Mike:
It was a pleasure meeting you in person last Wednesday. As we discussed, I am forwarding
a copy of the City's appraisal of your above -referenced property.
I would appreciate hearing from you after you have had an opportunity to look the appraisal
over and consider its conclusion. I believe the City will remain interested in purchasing your entiretractforashorttime. However, given the construction schedule for the Austin Avenue project, the
City is proceeding with a condemnation appraisal that considers the value of your remainder, andIanticipatethevalueconclusioninthatappraisalcouldbeappreciablylessthanthe $406,300.00
reflected in Mr. Griesbach's current appraisal.
Please feel free to call me if you have any questions or need further information.
Sincerely yours,,
Kent A. Sick
KAS/mfp
Enclosure
cc: etf—* Calhoun w/o enclosure
Trish Carls w/o enclosure
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, September 27, 2005
The Georgetown City Council will meet on Tuesday, September 27, 2005 at 06:00:00 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.
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.
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
Pending or Threatened Litigation
Legal Advice Regarding Agenda Items and other Matters
Discussion and possible action regarding the proposed Agreement Regarding Donation of Right of Way for Connector
Road Between SH 29 and Rivery Blvd (Hacias Los Lobos)
Discussion of legal issues related to expansion of city limits and extraterritorial jurisdiction
Discussion and possible action regarding contested case hearing on City of Leander's requests to amend CCN Nos.
10302 and 20626 (Application Nos. 34789-C and 34790-C); SOAH Docket No. 582-05-7095; TCEQ Docket No.
2005-0864-UCR
Sheryl Hayes-Pupko v. City of Georgetown,et al., Cause No. 04-961-C277, in the District Court of Williamson County,
277 Judicial District Court
Discussion and possible action regarding the status of good faith negotiations related to the acquisition of right-of-way,
easements, and other property interests at 705 N. Austin Ave. related to the improvement by TXDOT of Austin Avenue
from Leander Road to Williams Dnve
B Section 551.072 - Deliberations Regarding Real Property
Discussion and possible action regarding the status of good faith negotiations related to the acquisition of right-of-way,
easements, and other property interests at 705 N. Austin Ave. related to the improvement by TXDOT of Austin Avenue
from Leander Road to Williams Drive
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.)
C Call to Order
Pledge of Allegiance
Comments from the dais
Welcome to Audience and Opening Comments — Mayor Gary Nelon
Review of new procedure for addressing the City Council
Announcement of vacancies for two alternate positions on the Building Standards Commission
City Council Agenda/September 27, 2005
Page 1 of &Q Pages
F Announcements and Comments from City Manager
G Public Wishing to Address Council
Ron Boyd regarding discussion of opening Section C of Berry Creek and promises made at the time it was
opened.
H 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.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, September
12, and the regular Council Meeting on Tuesday, September 13, 2005 — Sandra D. Lee, City Secretary
J Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau
Board for the approval of an allocation of $4,712.00 in Hotel Occupancy Tax (HOT) funds to the
Downtown Georgetown Association for promotion of the "Christmas Stroll" — Shelly Hargrove, Tourism
Director and Main Street Manager and Randy Morrow, Director of Community Services
K Consideration and possible action to authorize the Mayor to sign a contract with e -complex Inc., operating
as UserfulTM in an amount not to exceed $42,600 for hardware and software to provide twenty-nine public
access computers at the Georgetown Public Library — Eric Lashley, Library Director
L Consideration and possible action to approve a funding request for an in-kind donation from Parents for
Pride for Project Graduation — Paul Brandenburg, City Manager
M Consideration and possible action on a Publlc Review Final Plat for 21.407 acres in the Frederick Foy
Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood
Twenty -One, located two miles northwest of the intersection of Del Webb Boulevard and Sun City
Boulevard — Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of
Planning and Development
N Consideration and possible action on a Public Review Final Plat for 18.819 acres in the Burrell Eaves
Survey, to be known as Sun City Georgetown, Sun City Boulevard Extension (East), located two miles
northeast of the intersection of Del Webb Boulevard and Sun City Boulevard — Melissa McCollum, AICP,
Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development
O Consideration and possible action on a Preliminary Plat of 11.95 acres in the Lewis J. Dyches Survey, and
a resubdivision of Georgetown South, Phase One, Lots 6 & 7, to be known as Pleasant Valley
Subdivision, Section Two, located on Sunrise Valley Lane — Carla Benton, Development Planner and
Bobby Ray, AICP, Acting Director of Planning and Development
P Consideration and possible action on a Preliminary Plat for 19.49 acres in the Ephraim Evans Survey to be
known Rabbit Hill Commercial Subdivision, located on John Hamilton Way — Melissa McCollum, AICP,
Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q Contracts and Agreements
1. Consideration of approval of a resolution authorizing social service funding agreements between the
City of Georgetown and the Assistance League of Georgetown, Bluebonnet Trails Community MHMR
Center- PRIDE Early Childhood Intervention, Capital Area Rural Transportation System, Georgetown
Community Clinic, Georgetown Area United Way, The Caring Place, Family Eldercare, Inc.,
Georgetown Interfaith Caregivers, Habitat for Humanity, Literacy Council of Williamson County, Senior
Center at Stonehaven, The Georgetown Project, Williamson-Bumet County Opportunities Inc.,
City Council Agenda/September 27, 2005
Page 2 of &Q Pages
1
Williamson County and Cities Health District, and Williamson County Crisis Center, and for these
agencies and organizations to continue to provide services for the citizens of Georgetown — Paul E.
Brandenburg, City Manager
2. Consideration and possible action to extend the current contract with AvFuel Corporation to provide
avgas and jet fuel to the Georgetown Municipal Airport in the estimated annual amount of
1,500,000.00 — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
3. Consideration and possible action to authorize the Mayor to execute an Airport Lease Assignment
from Clark Thurmond to the Williamson County Sun, Inc. — Travis McLain, Airport Manager and Tom
Yantis, Assistant City Manager
4. Consideration and possible action to authorize the Mayor to execute a contract for legal services with
the firm of Brown and Carls -- Patricia E. Carts, City Attorney
5. Discussion and possible action regarding a contract for Municipal Court prosecutor services --
Patricia E. Carls, City Attorney
6. Consideration and possible action to authorize the Mayor to execute a contract with Matthew &
Company for the purpose of videotaping City Council Meetings — Paul E. Brandenburg, City
Manager
7. Consideration and possible action to approve fiscal year 2005/06 annual support services and
contract renewals for Information Technology vendors providing services and support to the City of
Georgetown — Dennis Schoenborn, Director of Information Technology and Tom Yantis, Assistant City
Manager
8. Consideration and possible action for the approval of the Guaranteed Maximum Price for construction
of the Georgetown Public Library by Satterfield & Pontikes Construction, Inc. in an amount not to
exceed $8,325,349 — Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and
Administration
9. Consideration and possible action to approve an Inter-local Agreement, between the City of
Georgetown and the City of Round Rock, regarding the provision of water service to Celebration
Church — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities
10. Consideration and possible action to enter into an agreement with the Texas Department of
Transportation (TxDOT) to contribute City funds toward the widening of Williams Drive (2338) project
in Georgetown -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager
for Utility Operations
11. Consideration and possible action to authorize the Mayor to execute a contract with Civic Design
Associates for professional services related to the Williams Drive Gateway Redevelopment Master
Plan -- Tom Yantis, Assistant City Manager
12. Consideration and possible action to authorize an agreement with the Wolf Family for the donation of
right-of-way and easements for the proposed construction of a connector road from Rivery Blvd. to
SH 29 West — Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Cads, City
Attorney
13. Consideration and possible action to authorize staff to execute a reimbursement and property
exchange agreement with 4T-LFT, the owner of 101 and 109 W. 2nd St. related to the Main Street
Water Quality Pond — Tom Yantis, Assistant City Manager
Contracts/Agreements Forwarded from the Georgetown Utility System Advisory Board (GUS)
14. Consideration and possible action for approval of the contract with Lower Colorado River Authority
LCRA) for the purchase of electric distribution and transmission materials for FY2005/2006 from
Techline in accordance with the LCRA Electric Material Acquisition Program for an estimated
1,100,000.00 — Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and
Administration
15. Consideration and possible action to transfer .272 MGD of capacity in accordance with the Water
City Council Agenda/September 27, 2005
Page 3 of &Q Pages
Service, Water Rights, and Facility Ownership Contract between the City of Georgetown and Chisholm
Trail Special Utility District relating to the Lake Water Treatment Plant — Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utilities
16. Consideration and possible action to amend the contract between the City and the Brazos River
Authority (BRA) for the management, operation, and maintenance of wastewater treatment
facilities for fiscal year 2005-2006 and to set an annual operating budget of $1,075,000.00 — Glenn
Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities
17. Consideration and possible action to amend the contract between the City and Operations
Management International (OMI) for the management, operation, and maintenance of water
treatment facilities for fiscal year 2005-2006 and to set an annual operating budget of $875,000.00 --
Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities
R Consideration and possible action to approve an award of bid for police vehicles to Philpott Ford in the
amount of $497,174.00 -- Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and
Administration
S Consideration and possible action to approve an award of bid for vehicles to Philpott Fort in the amount of
425,073.00 — Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and Administration
T Consideration and possible action to change the name of the City of Georgetown's Fire Fighters' Civil
Service Commission to Fire Fighters' and Police Officers' Civil Service Commission — Kevin Russell,
Human Resources Director
U Consideration and possible action to approve a Resolution confirming the appointment of James W.
Montgomery to fill the current vacancy on the Fire Fighters' and Police Officers' Civil Service
Commission — Paul Brandenburg, City Manager
V Consideration and possible action to amend the City of Georgetown Cafeteria Plan based on changes in
IRS law that allows for the addition of a grace period for employees to recover qualifying expenses — Kevin
Russell, Human Resources Director
W Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from Williamson
County transferring ownership and maintenance of D.B. Wood Road from Williamson County to the City
Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carts, City Attorney
X Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from Williamson
County transferring ownership and maintenance of the Georgetown Innerloop East (SH 29 East to FM
971) from the County to the City — Jim Briggs, Assistant City Manager for Utility Operations
Y Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from Williamson
County transferring ownership and maintenance of CR 265 from Williamson County to the City — Jim
Briggs, Assistant City Manager for Utility Operations
Consideration of a Resolution setting public hearing dates for the Annexation into the City of
Approximately 4,719.83 Acres, more or less, described as, and depicted on the 2005 Annexation Area
maps attached as Exhibit B: (1) Approximately 3,100 acres of the U.S. Army Corp of Engineer's property
around Lake Georgetown located within the City's ETJ, depicted as 2005 Annexation Area 9a; (2)
Approximately 169.066 acres located southwest of R.R. 2338 (Williams Drive) between Country Road to the
northwest and Oak Ridge Circle to the southeast and including the right-of-way along R.R. 2338 from Shell
Road to Lakeway Drive, depicted as 2005 Annexation Area 13a; (3) Approximately 135.753 acres
southwest of R.R. 2338 (Williams Drive) between D.B. Wood Road and northwest of Country Road
including the right-of-way along Cedar Breaks Road from R.R. 2338, depicted as 2005 Annexation Area
13b; (4) Approximately 139.809 acres southwest of R.R. 2338 (Williams Drive ), extending to Booty's
Crossing Road, between Country Road and northwest of Oak Ridge Circle including the right-of-way along
Booty's Crossing Road, depicted as 2005 Annexation Area 13c; (5) Approximately 7.050 acres located
along the right-of-way of Booty's Crossing Road west of Oak Ridge Circle to Kathi Lane and including
property described as Block A, Lot 1 of Buzzard Branch, depicted as 2005 Annexation Area 13d; (6)
Approximately 221.971 acres located north and south of C.R. 151 between North Austin Avenue and C.R.
152 including the right-of-way along C.R. 151 between Austin Avenue and C.R. 152 and the right-of-way
City Council Agenda/September 27, 2005
Page 4 of &Q Pages
along C.R. 152 between Crystal Knoll Boulevard and south of Lonnie Thomas Drive, depicted as 2005
C Annexation Area 16a; (7) Approximately 231.076 acres located along the east side of F.M. 1460, west of
Maple Street between Georgian Drive and extending south of the S.E. Inner Loop, depicted as 2005
Annexation Area 19b; (8) Approximately 289.025 acres located southeast S.E. Inner Loop, east of Maple
Street and west of C.R. 110, depicted as 2005 Annexation Area 19c; (9) Approximately 7.478 acres located
along the right-of-way of R.R. 2338 (Williams Drive) from southeast of South Lakewoods Drive to southeast
of Casa Loma Circle, depicted as 2005 Annexation Area 25; and, (10) Approximately 424.270 acres located
along the north side, including the right-of-way of, R.R. 2243 (Leander Road) from Riverview Drive (east) to
Escalera Parkway (west), depicted as 2005 Annexation Area 26 — Bobby Ray, Acting Director of Planning
and Development
AA Consideration and possible recommendation to approve the purchase of Bioxide chemicals from U.S.
Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $50,000.00 — Glenn
Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities
BB Second Readings
1. Second Reading of an Ordinance annexing into the City 16.616 acres, more or less, in the Frederick
Foy Survey, north of Sun City Neighborhood 32, for Sun City Boulevard Right -of -Way to Parmer
Lane — Bobby Ray, Acting Director of Planning and Development
2. Second Reading of an Ordinance annexing into the City 18.819 acres, more or less, in the Burrell
Eaves Survey, east Sun City Neighborhood 33, for Sun City Boulevard Right -of -Way to State
Highway 195 — Bobby Ray, Acting Director of Planning and Development
3. Second Reading of an Ordinance annexing into the City 20.71 acres, more or less, in the Frederick
Foy Survey, north of Sun City Neighborhood 29 and White Wing Golf Course, for Sun City
Neighborhood 21 — Bobby Ray, Acting Director of Planning and Development
4. Second Reading of an Ordinance annexing into the City 102.38 acres, more or less, in the Frederick
Foy Survey, north of Sun City Neighborhood 30 and White Wing Golf Course, for Sun City
Neighborhoods 31 and 32 — Bobby Ray, Acting Director of Planning and Development
5. Second Reading of an Ordinance Rezoning 21.407 acres in the Frederick Foy Survey, from AG,
Agricultural District to PUD, Planned Unit Development District, to be known as the Planned Unit
Development of Sun City Georgetown, Neighborhood Twenty -One, located two miles northwest of
the intersection of Del Webb Boulevard and Sun City Boulevard — Melissa McCollum, AICP,
Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development
6. Second Reading of an Ordinance Rezoning 18.819 acres in the Burrell Eaves Survey, from AG,
Agriculture to P.U.D., Planned Unit Development District, to be known as Sun City Georgetown, Sun
City Boulevard Extension (East), located two miles northeast of the intersection of Del Webb Blvd.
and Sun City Blvd. — Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting
Director of Planning and Development.
CC Public Hearings/First Readings
1. First Reading of an Ordinance amending Section 13.04.065 of the Georgetown Code of Ordinances
entitled "Guard Light Service" and the subsequent sections, with the addtion of Section 13.04.071,
street light rates, and rate structure to reflect the cost of providing service — Kathy Ragsdale, Utility
Office Director and Micki Rundell, Director of Finance and Administration
2 First Reading of an ordinance amending Article VII, 13.04.210, of the Georgetown Code of
Ordinances entitled "Temporary Service," to more closely reflect cost of service -- Kathy Ragsdale,
Utility Office Director and Mioki Rundell, Director of Finance and Administration
3. Public Hearing to Consider a Rezoning of Lot 5 (South Part), Block 2 of Highland Park Revised, from
RS, Residential Single Family district to C3, General Commercial district located at Highland Drive
and West 24th Street — Bobby Ray, AICP, Acting Director of Planning and Development
4. First Reading of an Ordinance Rezoning Lot 5 (South Part), Block 2 of Highland Park Revised, from
RS, Residential Single Family district to C3, General Commercial district located at Highland Drive
and West 24th Street — Bobby Ray, AICP, Acting Director of Planning and Development
City Council Agenda/September 27, 2005
Page 5 of &Q Pages
City Council Agenda/September 27, 2005
Page 6 of &Q Pages
Council Meeting Date: September 27, 2005 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve an Inter -local Agreement, between the City of
Georgetown and the City of Round Rock, regarding the provision of water service to Celebration
Church.
ITEM SUMMARY:
The Celebration Church is a 36,500 sqft facility located at 1202 CR 116 within the City of
Georgetown's water service area that is scheduled to be completed in October 2005. During the building
approval process, it was determined that Georgetown can providedomestic water service, but would
not be able to provide adequate fire flows without substantial system upgrade ata time schedule that
would not be compatible to the church. The City of Round Rock has a water line adjacent to the
property that can provide the necessary fire flow to the new structure.
This agreement provides for the City of Georgetown to serve the church with domestic water service
while the City of Round Rock provides the necessary water service for fire flows. Round Rock will
terminate service upon request by Georgetown after the necessary upgrade to Georgetown's system are
completed some time in 2007. If any water is used by the church for fire suppression, Georgetown will
pay Round Rock the normal retail rate for the water usage, which will in tum be billed to the church.
Therefore, staff recommends approval of the Inter -local agreement
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
None.
COMMENTS:
None.
ATTACHMENTS:
Inter -local Agreement.
Submitted By: Glenn Dishong Jim
Water Services Mana r
For Utilities
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is made and entered into by and between the
CITY OF ROUND ROCK, TEXAS ("Round Rock'), a home rule municipal corporation of the
State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule municipal
corporation of the State of Texas.
RECITALS
WHEREAS, the Texas Interlocal Cooperation Act allows local governments to contract
with one another to perform governmental functions and services; and
WHEREAS, Round Rock and Georgetown mutually desire to be subject to the provisions
of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically
Sections 791.011 and 791.028 regarding contracts to perform governmental functions and
services; and
WHEREAS, Georgetown and Round Rock operate water utilities, each with their own
exclusive service area prescribed by the TCEQ in their respective Certificates of Convenience
and Necessity ("CCN"); and
WHEREAS, Celebration Church desires to establish a facility at 1202 CR 116 within
Georgetown's water service area ("Facility"); and
WHEREAS, the Facility is required to have a fire flow of 1,500gpm; and
WHEREAS, Georgetown can provide potable water service to the Facility with its
existing infrastructure; and
WHEREAS, Georgetown can provide fire flow to the Facility if substantial modification
to the existing infrastructure is made; and
WHEREAS, the time required to modify Georgetown's infrastructure will not support the
construction and operation schedule of Celebration Church, and
WHEREAS, Round Rock is able to provide adequate fire flow to the Facility via its water
system infrastructure without substantial modification and desires to provide such fire flow to the
Facility; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 1 of 6
1. Georgetown's Duties and Responsibilities
1.1. Georgetown agrees to:
I.I.I. Allow Round Rock to provide Fire Flow service to Celebration Church via a
connection to its water piping near the Barton Hill Standpipe.
1.1.2. Require Celebration Church to install backflow prevention devices and metering
approved by Round Rock to protect the Round Rock water system from potential
contaminants and detect unauthorized use of water.
1.1.3. Require Celebration Church to install piping to ultimately connect to
Georgetown's system for fire flow. Connection to Georgetown's system shall
remain isolated via a closed valve until the infrastructure improvements to
Georgetown's system have been made.
1.1.4. Pay the rate established in Chapter 10, Round Rock Code of Ordinances,for all
water transported to Celebration Church as measured on the emergency
interconnection meter on the Barton Hill Standpipe.
1.1.5. Require Celebration Church to properly abandon and cap the connection to Round
Rock's water system when Georgetown is able to provide fire flow to the facility.
2. Round Rock's Responsibilities
2.1. Round Rock agrees to:
2.1.1. Provide fire flow service to Celebration Church as shown on Exhibit `A' via its
water infrastructure until fire flow can be provided by Georgetown.
2.1.2. Be solely responsible to ensure the valve lineup at the Barton Hill Standpipe site
is such that fire service is continuously provided to the Celebration Church except
in the case where the piping must be isolated for repair.
2.1.3. Notify Celebration Church prior to any interruption of service for repair and as
soon as possible in the event of an emergency repair.
3. TERM
3.1. This Agreement shall continue until the improvements to the Georgetown water system
have been completed.
4. TERMINATION
4.1. A party may terminate the Agreement for breach of any provision of this Agreement
after providing written notice of the alleged breach to the other party, and allowing the
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 2 of 6
other party at least thirty (30) days after receipt of the written notice in which to cure the
alleged breach.
5. NOTICES
5.1. All notices, demands and requests, including invoices which may be given or which are
required to be given by either party to the other, and any exercise of a right of
termination provided by this Agreement, shall be in writing and shall be deemed
effective when: (i) personally delivered to the intended recipient; (ii) two (2) days after
being sent, by certified or registered mail, return receipt requested, addressed to the
intended recipient at the address specified below; (iii) delivered in person to the address
set forth below for the party to whom the notice was given; (iv) deposited into the
custody of a recognized overnight delivery service such as Federal Express Corporation,
Emery, or Lone Star Overnight, addressed to such party at the address specified below;
or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile,
telegram or telex is verified by the sender and followed by a notice sent in accordance
with one of the other provisions set forth above. For purposes of this Section, the
addresses of the parties for all notices are as follows (unless changed by similar notice in
writing given by the particular person whose address is to be changed):
City of Round Rock City of Georgetown
Attn: Utilities Director Attn: Assistant City Manager - Utilities
221 East Main Street P.O. Box 409
Round Rock, Texas 78664 Georgetown, Texas 78627-0409
Phone: (512) 218-5565 Phone: (512) 930-3889
Fax: (512)218-7041 Fax: (512) 930-3659
6. FORCE MAJEURE
6.1 Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay
or default in performance of any obligation hereunder shall constitute an event of default or
a breach of this Agreement, only to the extent that such failure to perform, delay or
default arises out of causes beyond control and without the fault or negligence of the party
otherwise chargeable with failure, delay or default; including but not limited to acts of God,
acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes,
natural disasters or other casualties, strikes or other labor troubles, which in any way restrict
the performance under this Agreement by the parties.
7. MISCELLANEOUS
7.1 Entire Agreement. This Agreement constitutes the entire agreement of the parties
regarding the subject matter contained herein. The parties may not modify or amend this
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 3 of 6
Agreement, except by written agreement approved by the governing bodies of each party and
duly executed by both parties.
7.2 Approval. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
7.3 Assignment. Except as otherwise provided in this Agreement, a party may not assign this
Agreement or subcontract the performance of services without first obtaining the written
consent of the other party.
7.4 Non -Appropriation And Fiscal Fundine. The obligation of the parties under this
agreement do not constitute a general obligation or indebtedness of either party for which
such party is obligated to levy, pledge, or collect any form of taxation and such obligations
may be terminated at the end of a party's fiscal year if the governing body of such party does
not appropriate sufficient funds to continue the services provided under this Agreement.
7.5 Non -Waiver. A party's failure or delay to exercise right or remedy does not constitute a
waiver of the right or remedy. An exercise of a right or remedy under this Agreement does
not preclude the exercise of another right or remedy. Rights and remedies under this
Agreement are cumulative and are not exclusive of other rights or remedies provided by law.
7.6 Paragraph Headings. The various paragraph headings are inserted for convenience of
reference only, and shall not affect the meaning or interpretation of this Agreement or any
section thereof.
7.7 Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first try
to resolve the dispute by referring same to the City Managers of Round Rock and
Georgetown. Round Rock and Georgetown hereby expressly agree that no claims or disputes
between the parties arising out of or relating to this Agreement or a breach thereof shall be
decided by any arbitration proceeding, including without limitation, any proceeding under
the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
7.8 Attorneys' Fees. hi any lawsuit concerning this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees from the nonprevailing party, plus all out-of-
pocket expense such as deposition costs, telephone calls, travel expenses, expert witness fees,
court costs, and other reasonable expenses.
7.9 Severability. The parties agree that in the event any provision of this Agreement is
declared invalid by a court of competent jurisdiction that part of the Agreement is severable
and the decree shall not affect the remainder of the Agreement. The reminder of the
Agreement shall be in full force and effect.
7.10 Venue. The parties agree that all disputes that arise out of this Agreement are governed
by the laws of the State of Texas and venue for all purposes herewith shall be in Williamson
County, Texas.
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 4 of 6
7.11 Open Meetings. The parties hereby represent and affirm that this Agreement was
adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex.
Gov. Code, Ch. 551).
7.12 Counterparts. This Agreement may be executed in multiple counterparts, which taken
together shall be considered one original.
APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held
on the day of the month of 2005, and executed by its authorized
representatives.
APPROVED by the City Council for the City of Georgetown, Texas, in its meeting held
on the day of the month of 2005, and executed by its authorized
representatives.
EFFECTIVE on the latest date of approval indicated above.
CITY OF ROUND ROCK, TEXAS
NYLE MAXWELL, Mayor
Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, Sheets & Crossfield, P.C.
City Attorney for City of Round Rock
APPROVED by the City of Georgetown, in its meeting held on the day of the
month of 2005, and executed by its authorized representatives.
CITY OF GEORGETOWN, TEXAS
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 5 of 6
0
ATTEST:
SANDRA D. LEE, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney for City of Georgetown
GARY NELON, Mayor
Georgetown, Texas
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 6 of 6
Council Meeting Date: September 27, 2005 Item No. 0 —10
AGENDA ITEM COVER SHEET
SUBTECT:
Consideration and possible action to enter into an agreement with the Texas Department of
Transportation (TxDOT) to contribute City funds toward the widening of Williams Drive (2338) project in
Georgetown.
ITEM SUMMARY:
On July 12, 2005 Council authorized the Mayor to sign a letter to the Texas Department of
Transportation requesting a payment date of no later than November 1, 2006 for the payment of the City
of Georgetown's share of the right of way and utility re -location expenses associated with the widening of
Williams Drive(2338) in Georgetown This share will equal 10% of the costs of those improvements within
the City of Georgetown's jurisdiction. The 10% portion is presently estimated at ($1,200,000.00).
TxDOT has reviewed and accepted the request based on the assurance payment willbe made no
later than November 1, 2006. TxDOT has sent the Agreement to Contribute Funds -Local Government
Incremental Payment) for the Council to execute and has requested that a certified copy of the minutes
accepting the Agreement accompany the executed Agreement.
GTEC Board has identified this project as "NN" and budgeted $1.2 million in the 2005/2006 TIP.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
1,200,000.00 will be deducted from account #400-101-6032-00
in the 2005/2006 budget.
STAFF RECOMMENDATION:
Staff recommends that Council execute the Agreement to Contribute Funds -Local Government
Incremental Payment).
COMMENTS:
None.
ATTACHMENTS:
1. Agreement
2. Letter from TxDOT Right of Way Agent
Submitted By: Mark Miller
Transportation Services ASs§ant Ci
Manager For Utilities
Texas Department of Transportation
2? 'JELLS BRANCH PARKWAY, BLDG. 1, SUITE 107 PFLUGERVILLE. TX 78660 (512) 225-1300
August 16, 2005
CSJ 2211-01-021
Williamson County
FM 2338: From 5.60 Miles West of IH 35 (Jim Hogg Road)
To 3.3 Miles West of IH 35 (Cedar Breaks Road)
Ms. Terri Glasby Calhoun
Paralegal, Georgetown Utility Systems
300-1 Industrial Avenue
Georgetown, Texas 78626
Dear Ms. Calhoun:
We forwarded your request to delay payment of the City's 10% share of the estimated cost of eligible
utility relocations and needed right of way acquisitions for the above project to our Administration for
their review and approval. Based on the City's assurance payment will be made no later than
November 1, 2006, the City's request has been approved.
Attached are the original and three copies of the Agreement to Contribute Funds — Local Government
Incremental Payment) for your execution at one of your upcoming City Council Meetings. It will be
necessary that a certified copy of the minutes accepting the Agreement accompany the executed
Agreement.
If additional information is needed concerning this matter, please sjo not hesitate to contact this office at
512-225-1561.
Attachments
Shelly W. E
Supv. Right
An Equal Opportunity Employer
V
Vay Agent
Form ROW -RM -IP
Replaces Forth ROW -RM -140 and ROW -RM -141
Rev. 3/2004
GSD -EPC
Page 1 of 3
County: Williamson
District: Austin
AGREEMENT TO CONTRIBUTE FUNDS — LOCAL GOVERNMENT
Incremental Payment)
Federal Project No: NA
Highway: FM 2338
ROW CSJNo: 2211-01-021
This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation,
hereinafter called the State, and Williamson County, Texas, acting by and through its duly authorized officials pursuant to an
Ordinance or Order dated the day of , 2005, hereinafter called the Local Government,
shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way
for a highway project on Highway No. FM 2338 with the following project limits:
From 5.60 Miles West of IH 35 (Jim Hogg Road)
To: 3.3 Miles West of IH 35 (Cedar Breaks Road); and
WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of
way for said highway project; and
WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43
TAC, § 15.55 for the cost of acquiring said right of way for the proper improvement of the State Highway System; and
WHEREAS, the Local Government requested approval for incremental payments of its funding obligation pursuant to 43
TAC, §15.52, and the Executive Director has approved such request;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local
Government shall contribute to the State an amount equal to ten percent (10%) of the cost of the right of way to be acquired
by the State and shall transmit to the State in incremental payments, warrants or checks payable to the Texas Department of
Transportation, which payments shall total the amount of One -million -two -hundred -thousand and No/100 Dollars
1,200,000.00), representing ten percent (10%) of Twelve -Million and No/100 Dollars ($ 12,000,000.00), the estimated total
cost of the right of way, in accordance with the following schedule:
One -Million -Two -Hundred and No/100 Dollars ($ 1,200,000.00) on or before November 1, 2006.
If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local
Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the
State such supplemental amount as is requested. Upon completion of the highway project and in the event the total amount
as paid by the Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount
will be returned to the Local Government by the State.
In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or
other directive, including but not limited to those concerning outdoor advertising, are more restrictive than State law, policy,
or directive, and thereby result in any increased costs, then the Local Government will pay one hundred percent (100%) of
all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the
increased costs associated with the existing, future, or proposed Local Government ordinance, order, rule, policy, or other
directive will be determined by the State at its sole discretion.
Donations of real property may be credited to the Local Government's funding obligation for cost of right of way to be
acquired for this project. Credit for all real property, other than property which is already dedicated and/or in use as a public
Form ROW -RM -IP
Rev. 3/2004
Page 2 of 3
road, donated by the Local Government to the State shall be based on the property's fair market value established as of the
effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project
and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The
Local Government will provide to the State all documentation to support the determined fair market value of the donated
property. Such documentation shall include an appraisal of the property by a licensed appraiser approved by the Texas
Department of Transportation, Right of Way Division, unless the Local Government determines that an appraisal is
unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at no more than
10,000.00. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation
and make a final determination of value; provided however, the State may perform any additional investigation deemed
necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given
only for property transferred at no cost to the State after the effective date of this agreement and the State's issuance of a
letter of funding authority, and only for property which is necessary to complete this project. Credit shall be in lieu of
monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be
acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way
obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project
phases other than right of way, nor used for other projects. In the event the Local Government's monetary contributions to
the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share
of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money.
The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through
negotiations or eminent domain proceedings, to the owners for their property interests, including but not limited to utility
owners involving expenses related to the relocation, removal or adjustment of eligible utilities.
The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs
incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal
Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the
contract period and for four (4) years from the date of completion of work defined under this agreement or until any
impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives
14W shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making
audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity
receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance
of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds.
NW
Council Meeting Date: September 27, 2005 Item No. Q — ) ;L
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to authorize an agreement with the Wolf Family for the donation
of right-of-way and easements and for the construction of a connector road on said donated land
extending from Rivery Blvd. to SH 29 West.
ITEM SUMMARY:
As part of the Georgetown Transportation Improvement Corporation's ("GTEC') Transportation
Improvement Plan, GTEC has budgeted for the construction of a connector road between Rivery
Blvd. and SH 29 West for purposes of promoting economic development in the surrounding area.
Over the past several months, the Council has been involved in negotiations with the affected
landowner, the Wolf Family, for the donation of the necessary right-of-way and easements to
construct the road.
Attached is the proposed agreement.
ATTACHMENTS:
Proposed Agreement Regarding Donation of Right of Way for Connector Road Between SH 29
and Rivery Blvd.
By: J rn B rg* \,lssistant City Manager for Utilities
By: Patricia E. Carls, Brown & Carls, LLP, City Attorney
4
STATE OF TEXAS § AGREEMENT REGARDING DONATION OF
COUNTY OF WILLIAMSON § RIGHT OF WAY FOR CONNECTOR ROAD
CITY OF GEORGETOWN § BETWEEN SH 29 AND RIVERY BLVD.
The parties to this "Agreement Regarding Donation of Right of Way for Connector Road
between SH 29 and Rivery Blvd." (the "Agreement") are the City of Georgetown, a Texas
Home Rule municipal corporation (the "City"), the Georgetown Transportation Enhancement
Corporation ("GTEC"), an economic development corporation created under Section 4B of the
Development Corporation Act of 1979, Art 5190.6, Vernon's Tex. Rev. Civ. Stat. Ann. (the
Act"), and Bettie M. Wolf, Judy Wolf Hindelang, Jane Wolf Robertson, Jay L. Wolf, Jr., James
David Wolf, and Iva Wolf McLachlan (collectively referred to herein as "Wolf Family"), and
they agree as follows:
WHEREAS, Wolf Family is the owner of that certain tract of real property consisting of 184.419
acres situated in the J.P. Pulsifer Survey and more fully described in a deed to Jay L. Wolf of
record in Volume 1997, Page 953, Official Records, Williamson County, Texas (WCAD Acct
No. R397516) (the "Property'); and
WHEREAS, GTEC has found and determined that the construction of a connector road between
State Highway (SH) 29 and Rivery Blvd. as described herein and generally depicted on "Exhibit
A " is a project that is eligible for funding from the sales and use tax imposed as a result of the
election held in May 2001 and in accordance with Section 4B of the Act; and
WHEREAS, Wolf Family has agreed to donate to the City land sufficient for the construction by
GTEC of a two-lane (12' lanes) undivided section of roadway with a continuous center left-hand
tum lane from Rivery Blvd. to SH 29 and any tum lanes at CR 265 deemed necessary by the
City's engineer (the "Road"), and to donate easements for the water, wastewater, and stormwater
drainage facilities necessary for the Road (the "Drainage Facilities"), in the approximate
location shown on the map attached hereto as "Exhibit A". and in conformance with the City's
Overall Transportation Plan dated June 22, 2004, such Road and Drainage Facilities being
sometimes herein referred to collectively as the "Improvements"); and
WHEREAS, the City Council of the City of Georgetown has found and determined that its street
naming policy would allow the naming of the Road to be "Wolf Ranch Parkway;" and for the
existing road known as "Hacia Los Lobos Blvd." to be re -named "Wolf Ranch Parkway," which
is being accomplished by passage of an Ordinance to that effect by separate action of the City
Council; and
NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth
herein, the parties to this Agreement agree as follows:
I. Wolf Family Obligations
1. Wolf Family hereby agrees as follows:
I.I. Wolf Family shall, within fifteen (15) days of the execution of this Agreement, convey
to the City the property described in the WARRANTY DEED AND DEDICATION OF
RIGHT OF WAY attached hereto as "Exhibit B", as right-of-way for the Road.
1.2. Wolf Family shall, within fifteen (15) days of the execution of this Agreement, convey
to the City the property described in the GEORGETOWN UTILITY EASEMENT and
DRAINAGE EASEMENT attached hereto as "Exhibits C-1 and C-2'; respectively, for
utilities and drainage purposes, as more particularly described therein..
1.3. Wolf Family shall, within fifteen (15) days of the execution of this Agreement, convey
to the City the TEMPORARY CONSTRUCTION EASEMENT(s) attached hereto as
Exhibit D."
1.4. Wolf family hereby agrees that it shall within fifteen (15) days of the execution of this
Agreement, grant the City access to the water quality and detention pond that are part of the
Drainage Facilities at a location acceptable to the City via PERMANENT ACCESS
EASEMENT in the form attached hereto as "Exhibit E."
H. City's and/or GTEC's Obligations
2. City and GTEC hereby agree as follows:
2.1. In accordance with the schedule attached hereto as "Exhibit F', the City and GTEC
shall construct or cause to be constructed the Road consisting of a two-lane (two 12 -foot -
wide lanes) undivided section of roadway with a continuous center left-hand turn lane from
Rivery Boulevard to SH 29 and any tum lanes at CR 265 deemed necessary by the City's
engineer. Any median or traffic control element to be constructed at the intersection of the
Road and CR 265 will be designed to allow both right and left turning movements into and
out of the Property on either side of the Road at the minimum allowable distance from that
intersection pursuant to the City's driveway spacing requirements of the City's Unified
Development Code at the time of development.
2.2. The existing Hacia Los Lobos Blvd., as well as the new Road shall be renamed "Wolf
Ranch Parkway". The name change will be accomplished by City ordinance concurrent
with the approval of this Agreement. The City also acknowledges and agrees that the
proposed extension of the Road to the south of SH 29 West planned for connection to a
future south extension of D.B. Wood Road is already named Wolf Ranch Parkway and the
western portion of the D.B. Wood Road extension will be named Wolf Ranch Parkway.
Wolf Family Agreement Regarding ROW Donation
Page 2 of 9
I
2.3. In accordance with the schedule attached hereto as "Exhibit F', the City and GTEC
shall construct, or cause to be constructed, the Drainage Facilities associated with and
necessary for the Road in accordance with the following provisions:
2.3.1. City and GTEC shall design and construct, or cause to be constructed, a water
quality and detention pond, culvert and outlet structure sized to accommodate flows
from the Road; provided, however, that in the event sufficient project funds are
available, as determined by the City, in its sole and reasonable discretion, the culvert
and outlet structure shall also be constructed to accommodate flows from future
development of the entire drainage basin.
2.3.2. City and GTEC shall construct, or cause to be constructed, a culvert beneath the
Road sized to accommodate future development of that portion of the drainage area
that lies southeast of the Road, and extending said culvert approximately 400 feet to
the water quality and detention pond, and graded to match the contour of the
existing land outside the channel area for a distance of approximately 400 feet from
the Road.
2.3.3. City and GTEC shall design the pond such that it potentially could be enlarged by
Wolf Family or its successor in interest to accommodate the storm water flows from
development of other land in the drainage basin; however, Wolf Family understands
and agrees that neither the City nor GTEC has any obligation to design or construct
the Drainage Facilities to accommodate such flows as part of this Agreement.
2.3.4. Upon private development of any property within the drainage basin for which the
Drainage Facilities referred to in this Paragraph 2.3 are located, the drainage
easements and the responsibility for maintenance of the proposed Drainage
Facilities will be assigned to the Wolf Family, in accordance with the requirements
of the UDC.
2.4 Subject to a force majeure event(s) (defined below), the parties to this Agreement each
agree that the City may not amend the schedule attached hereto as "Exhibit F", if the
amendment extends the schedule by more than sixty (60) days, without the prior written
consent of the Wolf Family, which shall not be unreasonably withheld. The City expressly
agrees that actual construction of the Road shall not commence prior to April 26, 2006, and,
thereafter, once construction commences, the City shall exercise diligence to complete the
Road on or before the date that is fourteen (14) months after issuance of the Notice to
Proceed to the contractor. If construction of the Road does not begin within one hundred
twenty (120) days after April 26, 2006, and the City has not obtained the Wolf Family's prior
written consent to delay the commencement of construction of the Road, then the property
described in Sections 1.1 through 1.4 of this Agreement shall automatically revert to the
Wolf Family, their heirs, and assigns, without the necessity of re-entry or suit, and a
reversionary clause to this effect shall be included in the conveyance documents.
An equitable adjustment to the schedule set forth in "Exhibit F' and to the terms of this
Agreement shall be made for delay or failure in performing if such delay or failure is caused,
prevented, or restricted by conditions beyond the City's, GTEC's, or either of their
Wolf Family Agreement Regarding ROW Donation
Page 3 of 9
employees', agents' or contractors' reasonable control (a 'force majeure event'). A force
majeure event for the purposes of this Agreement shall include, but is not be limited to, acts
of God; acts of the Wolf Family or their agents; fire; explosion; vandalism; wind, storms,
rain or similar weather occurrences; orders or acts of military or civil authority; litigation;
actions or inactions of state or federal entities (including but not limited to the Texas
Commission on Environmental Quality; the U. S. Environmental Protection Agency; the
Texas Parks & Wildlife Department; the U.S. Fish & Wildlife Service; and the U.S.
Department of the Interior) from whom approval is required in connection with the Road or
the Drainage Facilities; changes in law, rules, or regulations outside the control the City,
GTEC or their employees, agents or contractors; national emergencies or insurrections; riots;
acts of terrorism; or supplier failures, shortages or breach or delay. The Wolf Family
expressly agrees that there shall be an equitable adjustment allowed for performance under
this Agreement as the result of any event of force majeure.
2.5. The parties agree that neither the City, GTEC nor their respective officers, employees,
agents or contractors shall be liable to the Wolf Family for any incidental or consequential
damages of any nature caused to the business or property of the Wolf Family by any action
or inaction of the City, GTEC or their respective officers, employees, agents or contractors.
2.6. The City agrees that the Improvements shall be constructed without assessment on the
Property or any adjacent property of the Wolf Family.
2.7. The City and GTEC agree that the Road and Drainage Facilities shall be constructed in
accordance with the urban standards established in the UDC requiring curbs, gutters, and
storm water drainage.
2.8. The City will construct casings/sleeves under the Road for utilities at locations that the
City determines will provide a utility system benefit consistent with the City's
Water/Wastewater Master Plan, but nothing in this Agreement obligates or requires City to
provide utility services to the property and Wolf Family expressly acknowledges and agrees
that such water, wastewater, electric and other utility extensions are the obligation of the
Wolf Family and that capacity commitments for water and wastewater utilities are only
available upon the approval by the City Council of a final Plat for the Property and payment
of the Impact Fees. The City acknowledges and agrees that as of the effective date of this
Agreement the Road and remaining Wolf property adjacent thereto lie within the City's
certificated utility service area.
2.9. The City agrees to provide standard five -strand barb wire fencing with drill stem
corners, tension posts and either cedar or steel "T" line posts along the proposed new
boundary lines created as a result of the Road donation for the remaining Wolf Property that
is adjacent to the Road.
2.10. The City will provide to the Wolf Family all available reports associated with the
Road and the Drainage Facilities, unless exempt from disclosure under the Public
Information Act.
Wolf Family Agreement Regarding ROW Donation
Page 4 of 9
3. General Provisions
3.1. Third Party Rights. No person or entity who or which is not a party to this Agreement
shall have any right of action under this Agreement.
3.2. No Waiver. No waiver of any provision of this Agreement will be deemed or constitute
a waiver of any other provision, nor will it be deemed or constitute a continuing waiver
unless expressly provided for by a written amendment to this Agreement; nor will the
waiver of any default under this Agreement be deemed a waiver of any subsequent defaults
of the same type. The failure at any time to enforce this Agreement or covenant by the City,
Wolf Family, or their respective heirs, successors or assigns, whether any violations thereof
are known or not, shall not constitute a waiver or estoppels of the right to do so.
3.3. Assignability. Except as otherwise provided herein, this Agreement is binding upon
Wolf Family, and the successors and assigns of Wolf Family.
3.4. Notice. Any notice required or permitted by this Agreement is effective when
personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal
Service, postage prepaid, certified with return receipt requested, and addressed as follows:
If to Wolf Family: Iva Wolf McLachlan
520 Wolf Rd.
Georgetown, Texas 78628
If to City: City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
3.5. Change of Address for Notice. The parties may, from time to time, change their
respective addresses listed above to any other location in the United States for the purpose of
notice under this Agreement. A party's change of address shall be effective when notice of
the change is provided to the other party in accordance with the provisions of Paragraph 34,
above.
3.6. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action
commenced by any party to this Agreement, whether arising out of or relating to the
Agreement or the Security, will be deemed to be proper only if such action is commenced in
District Court for Williamson County, Texas, or the United States District Court for the
Western District of Texas, Austin Division.
3.7. motions Immaterial. The numbering, order, and captions or headings of the paragraphs
of this Agreement are for convenience only and shall not be considered in construing this
Agreement.
Wolf Family Agreement Regarding ROW Donation
Page 5 of 9
3.8. Entire Agreement. This Agreement contains the entire agreement between the parties
and correctly sets forth the rights, duties, and obligations of each to the other as of the
Effective Date. Any oral representations or modifications concerning this Agreement shall
be of no force or effect, excepting a subsequent written modification executed by both
parties.
3.9. Binding Agreement. The execution and delivery of this Agreement and the
performance of the transactions contemplated thereby have been duly authorized by all
necessary corporate and governmental action of the City. This Agreement, when duly
executed and delivered by each party, constitutes a legal, valid, and binding obligation of
each party enforceable in accordance with the terms as of the Effective Date.
3.10. Recording. The parties agree that this Agreement may be recorded in the Real
Property Records of Williamson County, Texas at the expense of Wolf Family.
3.11. Further Assurances. The City and Wolf Family agree to take such actions and execute
and deliver such documents as may be reasonably necessary or appropriate to effect the
provisions of this Agreement.
3.12. Representations of Wolf Family. Wolf Family, individually and collectively, hereby
represent and warrant that they have full power to execute and deliver and perform the
terms, duties, and obligations of this Agreement and all of the foregoing has been duly and
validly authorized by all necessary proceedings. This Agreement constitutes the legal, valid
and binding obligations of Wolf Family, enforceable in accordance with its terms.
3.13. Effective Date. This Agreement will be effective on the latest date accompanying the
signature lines below.
EXECUTED TO BE EFFECTIVE this day of
Wolf Family Agreement Regarding ROW Donation
Page 6 of 9
2005.
CITY OF GEORGETOWN, TEXAS
CITY")
0
Date:
Gary Nelon, Mayor
For the provisions of the Agreement pertaining to GTEC, and for no other provisions, approval is
hereby acknowledged by GTEC.
Approved as to Form:
Patricia E. Carls, City Attorney
Brown & Carls, LLP
C:II] 1101 you II1G'
e13rim"TILIT1111
Judy Wolf Hindelang
Jane Wolf Robertson
Wolf Family Agreement Regarding ROW Donation
Page 7 of 9
GEORGETOWN TRANSPORTATION
ENHANCEMENT CORPORATION
GTEC')
By:
Printed Name:
Title:
Jay L. Wolf, Jr.
James David Wolf
Date:
Iva Wolf McLachlan
Date:
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005, by
Bettie M. Wolf, a person known to me.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005, by
Judy Wolf Hindelang, a person known to me.
Notary Public, State of Texas
1 V41r Y Wila t**q:1;1
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005, by
James David Wolf, a person known to me.
Notary Public, State of Texas
Wolf Family Agreement Regarding ROW Donation
Page 8 of 9
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the
Jane Robertson, a person known to me.
STATE OF TEXAS
COUNTY OF WILLIAMSON
day of September, 2005, by
Notary Public, State of Texas
This instrument was acknowledged before me on this the _ day of September, 2005, by
Iva Wolf McLachlan, a person known to me.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005, by
Jay L. Wolf, Jr., a person known to me.
Notary Public, State of Texas
Wolf Fancily Agreement Regarding ROW Donation
Page 9 of 9
EXHIBIT
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
WARRANTY DEED AND DEDICATION OF RIGHT OF WAY
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That (a) Bettie Wolf, also known as Bettie M. Wolf, a single person, Individually and as
Co -Independent Executor of the Estate of Jay L. Wolf, Deceased; (b) Judy Wolf Hindelang,
Individually and as Co -Independent Executor of the Estate of Jay L. Wolf, Deceased; (c) James
David Wolf, Individually and as Co -Independent Executor of the Estate of Jay L. Wolf,
Deceased; (d) Jane Robertson; (e), Iva Wolf McLachlan; and (f) Jay L. Wolf, Jr., the aforesaid,
where applicable, not joined by their respective spouses as this is sole and separate property
and constitutes no part of a marital homestead (collectively "Grantor"), whose address is c/o
Iva Wolf McLachlan, 520 Wolf Road, Georgetown, Texas, 78628, being all of the fee simple
title owners of the following real property, and for and in consideration of the benefits accruing
to Grantor as the owner of certain adjacent property by reason of this Warranty Deed and
Dedication of Right -of -Way; the conditions, covenants and agreements hereinafter set forth;
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has GIVEN, GRANTED and CONFIILMED, and by these presents does GIVE,
GRANT and CONFIRM, unto the CITY OF GEORGETOWN, a Texas home rule municipal
corporation ("Grantee"), whose address is P.O. Box 409, Georgetown, Texas 78627, subject to
the reservations and exceptions herein made, all of the following -described real property (the
Property') in Williamson County, Texas, to wit:
See Exhibit A attached hereto and made a part hereoffor all purposes.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantor, its successors and assigns forever; and
Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND, all and singular, the Property unto Grantee, its successors and assigns, against every
person whomsoever lawfully claiming, or to claim the same, or any part thereof.
This conveyance is made by Grantor and accepted by Grantee subject to any and all
easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and
royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the
same may still be in force and effect, and either shown of record in the office of the County
Clerk of Williamson County, Texas, or that may be apparent on the Property.
Grantor and Grantee confirm and agree that they are parties to that one certain
Agreement Regarding Donation of Right of Way for Connector Road Between SH 29 and
L
Rivery Boulevard" dated , 2005 (the "Agreement") pursuant to which
Grantee has agreed to construct a connector road (the "Road") between SH29 and Rivery
Blvd., and associated drainage facilities necessary to service the Road (the "Drainage
Facilities") on, over and across the Property; such Road and Drainage Facilities being herein
referred to collectively as the "Improvements"). Pursuant ,to the Agreement, Grantee is
expressly obligated to commence construction of the Improvements in accordance with the
schedule specified in the Agreement, as such commencement date may be amended from time
to time by the written agreement of Grantor and Grantee. The provisions of the Agreement
relating to the schedule for commencement of construction of the Improvements are hereby
incorporated herein by reference.
In the event of Grantee's failure to commence construction of the Improvements in
accordance with the schedule set out in the Agreement, as same may have been amended from
time to time by the written agreement of Grantor and Grantee, then this conveyance shall be
null and void; all right, title and interest of Grantee in the Property shall automatically
terminate and be of no further force and effect; and title to the Property shall then and there
wholly and absolutely and automatically revert and be vested in Grantor or their respective
heirs, executors, administrators and assigns without the necessity of re-entry or suit. By its
acceptance hereof, Grantee agrees upon such termination and reversion to convey any interest
it may have in the Property to Grantor, or its successors and assigns, by written instrument in
recordable form; provided that such an instrument shall not be required for the termination of
all of Grantee's interest in the Property and the automatic reversion of title to Grantor, or their
respective heirs, executors, administrators and assigns; and provided further, that the recording
of an affidavit executed by Grantor, or their respective heirs, executors, administrators and
assigns, stating that such termination and reversion has occurred (and the reason for such
termination and reversion) shall be sufficient to confirm reversion of title to the Property in
Grantor, or its successors and assigns. Further, Grantor agrees that upon satisfaction of
Grantee's obligations to timely commence construction of the Improvements in accordance
with the Agreement, Grantor shall execute a written release, in recordable form, confirming
that all and any rights of reverter that Grantor may hold in the Property are thereby released;
provided that such instrument shall not be required for the release of all rights of reverter held
by Grantor upon satisfaction of Grantee's obligations referenced herein.
Current ad valorem taxes on the Property having been prorated, the payment thereof for
2005 and subsequent years is assumed by Grantee.
2
EXECUTED as of 2005.
GRANTOR:
Bettie Wolf, also known as Bettie M. Wolf,
single person, Individually and as Co -
Independent Executor of the Estate of Jay L.
Wolf, Deceased
Judy Wolf Hindelang, Individually and as Co -
Independent Executor of the Estate of Jay L.
Wolf, Deceased
James David Wolf, Individually and as Co -
Independent Executor of the Estate of Jay L.
Wolf, Deceased
Jane Robertson, Individually
Iva Wolf McLachlan, Individually
Jay L. Wolf, Jr., Individually
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of
2005, by Bettie Wolf, also known as Bettie M. Wolf, a single person, Individually and as
Co -Independent Executor of the Estate of Jay L. Wolf, Deceased.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of , 2005,
by Judy Wolf Hindelang, Individually and as Co -Independent Executor of the Estate of JayL. Wolf, Deceased.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of , 2005,
by James David Wolf, Individually and as Co -Independent Executor of the Estate of Jay L.
Wolf, Deceased.
Notary Public, State of Texas
n
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of 2005,
by Jane Robertson, Individually.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of , 2005,
by Iva Wolf McLachlan, Individually.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of
2005, by Jay L. Wolf, Jr., Individually.
Notary Public, State of Texas
5
Grantee's Acceptance:
The above-named Grantee hereby accepts this Deed and consents to its form and
substance, including specifically the provisions concerning the right of reverter contained
herein.
CITY OF GEORGETOWN,
a Texas home rule municipal corporation
Gary Nelon, Mayor
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Before me, the undersigned authority, on this day personally appeared Gary Nelon,
Mayor of the City of Georgetown, on behalf of CITY OF GEORGETOWN, a Texas home rule
municipal corporation.
Given under my hand and seal of office this day of 2005.
SEAL]
Approved as to Form:
Patricia E. Carls, City Attorney
Brown & Carls, LLP
NOTARY PUBLIC, State of Texas
Printed Name:
My Commission Expires:
KASJS\Cwrgdown\Wo1AWolf Ranch Pkwy AOW Deed (9-14-05 c1=).doc
n.
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
August 30, 2005
Surveyor's Field Notes for the CITY OF GEORGETOWN, for
5.772 Acres, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a deed to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County, Texas;
said 5.772 acres was surveyed by All County Surveying, Inc., and is more particularly described by thesemetesandboundsasfollows:
COMMENCING at a 1/2" iron rod found in the north right -cif -way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest corner of said 202.149 acre WOLF
tract.
THENCE in an easterly direction, with the north right-of-way line of said COUNTY ROAD 265, same
being the south line of said 202.149 acre WOLF tract, SOUTH 87 deg 21 min 28 sec EAST, a distance
of 76.49 feet to a 5/8' iron rod with cap marked "All County' set, being the POINT OF BEGINNING and
southwest corner of this tract.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, same
being the south line of said 202.149 acre WOLF tract, and crossing said 202.149 acre WOLF tract, for the
following nine (9) courses and distances:
i. NORTH 45 deg 1f min 50 sec EAST, a distance of 40.58 feet to a 5/8' iron rod with
cap marked 'All County" set;
2. NORTH 02 deg 14 min 52 sec WEST, a distance of 177.66 feet to a 5/8" iron rod with
cap marked "AII County' set;
3. With a curve to the right having a radius of 1349.82 feet, a central angle of 03 deg 12
min 28 sec, an arc length of 75.57 feet and a chord which bears NORTH 00 deg 38
min 38 sec WEST, a distance of 75.56 feet to a 5/8" iron rod with cap marked "AII
County' set;
4. With a curve to the left having a radius of 884.02 feet, a central angle of 13 deg 12 min
28 sec, an arc length of 49.49 feet and a chord which bears NORTH 00 deg 38 min
38 sec WEST, a distance of 49.49 feet to a 5/8' iron rod with cap marked "All County'
set;
5. With a curve to the right having a radius of 2032.00 feet, a central angle of 10 deg 12
min 55 sac, an arc length of 362.29 feet and a chord which bears NORTH 02 deg 51
min 36 sec EAST, a distance of 361.81 feet to a 5/8" iron rod with cap marked 'All
County' set;
6. With a curve to the left having a radius of 1968.00 feet, a central angle of 06 deg 41
min 31 sec, an arc length of 229.86 feet and a chord which bears NORTH 04 deg 37
min 18 sec EAST, a distance of 229.73 feet to a 5/8" iron rod with cap marked "All
County" set;
7. NORTH 01 deg 16 min 32 sec EAST, a distance of 703.25 feet to a 5/8" iron rod with
cap marked "AII County' set;
8. With a curve to the right having a radius of 1032.00 feet, a central angle of 67 deg 41
min 01 sec, an arc length of 1219.10 feet and a chord which bears NORTH 35 deg 07
min 03 sec EAST, a distance of 1149.45 feet to a 5/8' iron rod with cap marked "All
County' set; and
9. NORTH 68 deg 57 min 33 sac EAST, a distance of 1043.52 feet to a 3/8" iron rod with
cap found in the east line of said 202.149 acre WOLF tract, same being the west line of
THE RIVERY PHASE ONE, a subdivision of record in Cabinet X, Slide 193 of the Plat
Records of Williamson County, Texas, said iron rod being the northeast corner of this
tract, same being the northwest corner of the right-of-way of a public maintained roadway
known as HACIA LOS LOBOS BOULEVARD, said right-of-way as shown on the plat of
said THE RIVERY PHASE ONE.
THENCE in a southerly direction, with the east line of said 202.149 acre WOLF tract (record call South 10
deg 56 min 15 sec East, 1078.37 feet), same being the west line of said THE RIVERY PHASE ONE, also
being the west right-of-way line of said HACIA LOS LOBOS BOULEVARD, SOUTH 12 deg 26 min 14
sec EAST, a distance of 64.73 feet to a 3/8' iron rod with cap found for the southwest comer of the
right-of-way of said HACIA LOS LOBOS BOULEVARD.
u n
EXHIBIT
Page
141111111.
r
Surveyor's Field Notes for the CITY OF GEORGETOWN, continued:
THENCE in a southerly direction, leaving the east line of said 202.149 acre WOLF tract, and crossingsaid202.149 acre WOLF tract, for the following nine (9) courses and distances:
1 SOUTH 68 deg 57 min 33 sec WEST, a distance of 1033.81 feet to a 5/8' iron rod with
cap marked "AII County' set;
2. With a curve to the left having a radius of 968.00 feet, a central angle of 67 deg 41 min01sec, an arc length of 1143.50 feet and a chord which bears SOUTH 35 deg 07 min03secWEST, a distance of 1078.16 feet to a 5/8' iron rod with cap marked 'All County' set;
3. SOUTH 01 deg 16 min 32 sec WEST, a distance of 703.26 feet to a 5/8' iron rod with
cap marked "AII County' set;
4. With a curve to the right having a radius of 2032.00 feet, a central angle of 06 deg 41
min 31 sec, an arc length of 237.34 feet and a chord which bream SOUTH 04 deg 37
min 18 sec WEST, a distance of 237.20 feet to a 5/8" iron rod with cap marked 'AllCounty" set;
5. With a curve to the left having a radius of 1968.00 feet, a central angle of 12 deg 01
min 15 sec, an arc length of 412.89 feet and a chord which bears SOUTH 01 deg 57
min 26 sec WEST, a distance of 412.13 feet to a 5/8" iron rod with cap marked "AllCounty" set;
6. With a curve to the left having a radius of 930.50 feet, a central angle of 05 deg 50 min
58 sec, an arc length of 95.00 feet and a chord which bean SOUTH 06 deg 58 min
40 sec EAST, a distance of 94.95 feet to a 5/8' iron rod with cap marked 'All County' set;
7. With a curve to the right having a radius of 975.60 feet, a central angle of 07 deg 39
min 17 sec, an arc length of 130.33 feet and a chord which bean SOUTH 06 deg 04min30secEAST, a distance of 130.23 feet to a 5/8" Iron rod with cap marked "AllCounty" set;
8. SOUTH 02 deg 14 min 52 sec EAST, a distance of 23.36 feet to a 5/8' iron rod with
cap marked 'All County* set; and
9. SOUTH 44 deg 48 min 10 sec EAST, a distance of 44.20 feet to a 5/8' iron rod with
cap marked 'All County' set in the north right-cf-way line of said COUNTY ROAD 265,
same being the south line of said 202.149 acre WOLF tract.
THENCE in a westerly direction, with the north right-of-way line of said COUNTY ROAD 265, same beingthesouthlineofsaid202.149 acre WOLF tract (record call North 85 deg 54 min West, 783.45 feet),
NORTH 87 deg 21 min 28 sec WEST, a distance of 145.11 feet to the Point of Beginning, containing5.772 Acres.
NOTE: This project Is referenced to the City of Georgetown Coordinate System, an extension of the Texas StalePlaneCoordinateSystem, Central Zone, NAD83. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. All coordinates are referenced to City Monument No. 96-009. Reference tie from CityMonumentNo. 96009 to the northeast comer of said 5.772 acre trap is SOUTH 34 deg 49 min 10 sec WEST, 5945.48 feet. Published City coordinates for City Monument No. 96-009 are N = 10,212,268.29 E = 3,129,499.27
This description is to accompany a Surveyors Sketch of said 5.772 acre tract.
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File: 99532781.rns
Sy)-/
Jeffrey aylor /
Registered Professional Land Surveyor
Registration Number 5335
EXHIBIT
Page " Of 2
es'
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this
day of 2005.
Bettie Wolf, also ]mown as Bettie M. Wolf, a
single person, Individually and as Co -Independent
Executor of the Estate of Jay L. Wolf, Deceased
Judy Wolf Hindelang, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf,
Deceased
James David Wolf, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf,
Deceased
Jane Robertson, Individually
Iva Wolf McLachlan, Individually
Jay L. Wolf, Jr., Individually
6`i :V V au]a
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by Bettie Wolf, also known as Bettie M. Wolf, a single person, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf, Deceased.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by Judy Wolf Hindelang, Individually and as Co -Independent Executor of the Estate of Jay L.
Wolf, Deceased,
Notary Public, State of Texas
GEORGETOWN lTHI1TY EASEMENT Page 3 of 4
amended from time to time by the written agreement of Grantor and Grantee, then this
conveyance shall be null and void; all right, title and interest of Grantee in the Property
shall automatically terminate and be of no further force and effect; and title to the
Property shall then and there wholly and absolutely and automatically revert and he
vested in Grantor or their respective heirs, executors, administrators and assigns
without the necessity of re-entry or suit. By its acceptance hereof, Grantee agrees upon
such termination and reversion to convey any interest it may have in the Property to
Grantor, or its successors and assigns, by written instrument in recordable form;
provided that such an instrument shall not be required for the termination of all of
Grantee's interest in the Property and the automatic reversion of title to Grantor, or
their respective heirs, executors, administrators and assigns; and provided further, that
the recording of an affidavit executed by Grantor, or thew respective heirs, executors,
administrators and assigns, stating that such termination and reversion has occurred
and the reason for such termination and reversion) shall be sufficient to confirm
reversion of title to the Property in Grantor, or its successors and assigns. Further,
Grantor agrees that upon satisfaction of Grantee's obligations to timely commence
construction of the Improvements in accordance with the Agreement, Grantor shall
execute a written release, in recordable forst, confirming that all and any rights of
reverter that Grantor may hold in the Property are thereby released; provided that such
instrument shall not be required for the release of all rights of reverter held by Grantor
upon satisfaction of Grantee's obligations referenced herein.
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.
4. The duration of the Easement is perpetual.
5. Grantor acknowledges and agrees that upon private development of any real property
within the drainage basin served by the Drainage Facilities: (i) Grantee may, in
Grantee's sole discretion, assign all or any portion of the rights granted by this
Agreement to the said developer(s); and (ii) Grantee shall assign the responsibility for
operation and maintenance of the proposed Drainage Facilities to the said developer(s),
in accordance with the requirements of Grantee's Unified Development Code ("UDC")
in effect at the time of any application for development, and thereafter Grantee shall be
released from any obligation to operate and/or maintain the Drainage Facilities.
6. Grantor and Grantor's heirs, personal representatives, 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.
7. The Easement and the rights and privileges granted by this Agreement, are
EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants
that Grantor shall not convey any other easement, license, or conflicting right to use in
any manner, the area (or any portion of the area) covered by this grant.
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. Grantor also retains, reserves, and shall continue to enjoy the surface of such Easement
for any and all purposes which do not unreasonably interfere with and prevent the use
by Grantee of the Easement for its intended purpose. Grantee shall not be responsible
or liable for the removal, repair or damage to any property, structure, building, or
other use inconsistent with the rights conveyed to Grantee by the Easement; provided,
however, that Grantee shall restore the property, as reasonably as possible, to its
condition immediately prior to any excavation of the Property for purposes of Grantee's
maintenance or repair of the Facilities.
DRAINAGE EASEMENT Page 2 of 5
10. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs,
personal representatives; 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 he a
covenant running with the land.
DRAINAGE EASEMENT Page 3 or S
J
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this
day of 2005.
Bettie Wolf, also known as Bettie M. Wolf, a
single person, Individually and as Co -Independent
Executor of the Estate of Jay L. Wolf, Deceased
Judy Wolf Hindelang, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf,
Deceased
James David Wolf, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf,
Deceased
Jane Robertson, Individually
Iva Wolf McLachlan, Individually
Jay L. Wolf, Jr., Individually
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by Bettie Wolf, also known as Bettie M. Wolf, a single person, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf, Deceased.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by Judy Wolf Hindelang, Individually and as Co -Independent Executor of the Estate of Jay L.
Wolf, Deceased.
Notary Public, State of Texas
DRAINAGE EASEMENT Page 4 of 5
STATE OF TEXAS
COUNTY OF WELLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by James David Wolf, Individually and as Co -Independent Executor of the Estate of Jay L.
Wolf, Deceased.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005,
by Jane Robertson, Individually.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WHUAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005,
by Iva Wolf McLachlan, Individually.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON $
This instrument was acknowledged before me on this the _ day of September, 2005,
by Jay L. Wolf, Jr., Individually.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
City of Georgetown
P.O. Box 409
Georgetown, Texas
K:WS\Georgmwn\Wo11\Draimge Es Ment (pond) 9-19-05 red.dre
DRAINAGE EASEMENT Page 5 of 5
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
August 29, 2005
Surveyors Field Notes for the CITY OF GEORGETOWN, for.
0.275 Acre, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a deed to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County, Texas;
said 0.275 acre was surveyed by All County Surveying, Inc., and is more particularly described by these
metes and bounds as follows:
COMMENCING at a 1M" iron rod found in the north right-of-way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest comer of said 202.149 acre WOLF
tract, from which a 5/8" iron rod with cap marked "All County" set in the north right-of-way line of said
COUNTY ROAD 265, same being the south line of said 202.149 acre WOLF tract, said iron rod teeing the
southwest comer of a proposed R.O.W. tract, bears (record call South 85 deg 54 min East, 783.45 feet)
SOUTH 87 deg 21 min 28 sec FAST, a distance of 76.49 feet.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, and
crossing said 202.149 acre WOLF tract, NORTH 10 deg 34 min 24 sec EAST, a distance of 2346.59
feet to a calculated point in the north line of said proposed R.O.W. tract, said point being the POINT OF
BEGINNING and southwest comer of this tract.
THENCE in a northerly direction, leaving the north line of said proposed R.O.W. tract, continuing across
said 202.149 acre WOLF tract, for the following two (2) courses and distances:
NORTH 29 deg 14 min 05 sec WEST, a distance of 393.71 feet to a calculated point;
and
2. NORTH 39 deg 08 min 27 see WEST, a distance of 7.36 feet to a calculated point,
being the northwest corner of this tract.
THENCE in an easterly direction, continuing across said 202.149 acre WOLF tract, NORTH 50 deg 51min33secEAST, a distance of 30.00 feet to a calculated point, being the northeast comer of this tract.
THENCE in a southerly direction, continuing across said 202.149 acre WOLF tract, for the following two2) courses and distances:
SOUTH 39 deg 08 min 27 sec EAST, a distance of 9.96 feet to a calculated point; and
SOUTH 29 deg 14 min 05 sec EAST, a distance of 387.41 feet to a calculated point in
the north line of said proposed R.O.W. tract, said point being the southeast comer of this
tract.
THENCE in a westerly direction, continuing across said 202.149 acre WOLF tract, with the north line of
said proposed R.O.W. tract, with a curve to the left having a radius of 1032.00 feet, a central angle of
01 deg 44 min 15 sec, an arc length of 31.29 feet and a chord which bears SOUTH 44 deg 14 min 15secWEST, a distance of 31.29 feet to the Point of Beginning, containing 0.275 Acre.
NOTE: This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas StatePlaneCoordinateSystem, Central Zone, NA083. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. All coordinates are referenced to City Monument No. 96009. Reference be from CityMonumentNo. 96-009 to the southeast corner of said 0.275 acre tract is SOUTH 40 deg 44 min 19 sac WEST, 7242.66 feet. Published City coordinates for City Monument No. 96009 are N = 10,212,268.29 E = 3,129,499.27
This description is to accompany a Surveyor's Sketch of said 0.275 acre tract.
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File: 995327E2.tns
r/
u
EXHIBIT
pap/
A/J1, -- 9-3/—os'
Jeffrey Baylor
Registered Professional Land Surveyor
Registration Number 5335
Survsyor's Sketch showing a 0.715 acre tract, being part of the
Joseph P. Pulsifer Survey, abstract No. 498, Wllllamson cow7ty, Texas.
This sketch Is to accompany a metes
and !words dascrptwn t.of the herehshown0275acretrac
NOTE5 aPL"LATED POINT
3
202.149 ACRES
LAY L. HOLE WOLF
t i VOL 1997, P6. 953
I EXHIBIT
s? i Page
SFg• I I I I
N 50.5193" E 30.00'
L------- /
SN 39.087!' W l36'r 15 39°0821 E 9.96'
I
0.2-5 ACRE
II 11 I i W
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ALL GOUNTY SURVEYING, INC.
StTveying
MOPPN
1303 South 21st 5treet •
C.orlstructlon Layout
Temple, Texas 76504
254-718-22'12 Killeen 254-634-4636 / /2
Fax 254-714-1608 i /3
Survey
completed: 7-27-05
Scale. 1' = too'
Job No: 995377,06
Dwg NO.: 99532-1E2
Drawn by: J-0
Surveyor: -118 *5325
fi 3/ • coos" Taos N1 cw.J„ evv Inc.
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
August 29, 2005
Surveyors Field Notes for the CITY OF GEORGETOWN, for
3.488 Acres, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a deed to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County, Texas;
said 3.488 acres was surveyed by All County Surveying, Inc., and is more particularly described by these
metes and bounds as follows:
COMMENCING at a 1/2' iron rod found in the north right-of-way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest comer of said 202.149 acre WOLF
tract, from which a 5/8' iron rod with cap marked "All County" set in the north right-of-way line of said
COUNTY ROAD 265, same being the south line of said 202.149 acre WOLF tract, said iron rod being the
southwest comer of a proposed R.O.W. tract, bears (record call South 85 deg 54 min East, 783.45 feet)
SOUTH 87 deg 21 min 28 sec FAST, a distance of 76.49 feet.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, and
crossing said 202.149 acre WOLF tract, NORTH 02 deg 33 min 00 sec EAST, a distance of 2561.13
feet to a calculated point, being the POINT OF BEGINNING and southwest comer of this tract.
THENCE continuing across said 202.149 acre WOLF tract, for the following six (6) courses and
distances:
1. NORTH 39 deg 04 min 45 sec WEST, a distance of 322.86 feet to a calculated point
2. NORTH 06 deg 02 min 56 sec WEST, a distance of 237.10 feet to a calculated point;
3. NORTH 50 deg 51 min 33 sec EAST, a distance of 78.18 feet to a calculated point;
4. SOUTH 75 deg 32 min 06 sec EAST, a distance of 219.72 feet to a calculated point,
5. SOUTH 39 deg 08 min 27 sec EAST, a distance of 344.64 feet to a calculated point,
being the southeast corner of this tract; and
6. SOUTH 50 deg 51 min 33 sec WEST, a distance of 338.35 feet to the Point of
Beginning, containing 3.488 Acres.
NOTE. This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas State
Plane Coordinate System, Central Zone, NAD83. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. Al coordinates are referenced to City Monument No. 96-009. Reference tie from CityMonumentNo. 96-009 to the southeast comer of said 3.488 acre tract is SOUTH 43 deg 35 min 31 sec WEST,
6965.27 feet. Published City coordinates for City Monument No. 96-009 are N = 10,212,268.29 E = 3,129,499.27
This description is to accompany a Surveyor's Sketch of said 3.488 acre tract.
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File. 995327E4.fns
3
000 -
3!'oC
Jeffrey . Baylo
Registered Professional Land Surveyor
Registration Number 5335
fl 6'
r
EXHIBIT
Page I of
Surveyor's Sketch showing a 3.48b acre tract, being part of the
Joseph P. Pulslfer Survey, Abstract No. 49b, Wllllamson County, Texas.
Tho sketch is to accomp a metes
and bounds description of the herein
shone 3.486 acre trout.
ENOTES cALC ATED POINT
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COUNTY SURVEYING, INC. o.sOF,q c/
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1303 South 21st Street
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Job No.:
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995321A6
w5321E4
Teeple, Texcs 16504 0 SUR Drawn by: M
254-TI8-2212 Killeen 254-634-4836 Surveyor: M "5335
Fax 254-TI4-Fax 254- T608 9-
L
IBIT
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON
This Agreement (this "Agreement') is made on the _ day of 2005,
at Georgetown, Texas, between (a) Bettie Wolf, also known as Bettie M. Wolf, a single person,
Individually and as Co -Independent Executor of the Estate of Jay L. Wolf, Deceased; (b) Judy
Wolf Hindelang, Individually and as Co -Independent Executor of the Estate of Jay L. Wolf,
Deceased; (c) James David Wolf, Individually and as Co -Independent Executor of the Estate of
Jay L. Wolf, Deceased; (d) Jane Robertson; (e), Iva Wolf McLachlan; and (f) Jay L. Wolf, Jr.,
the aforesaid, where applicable, not joined by their respective spouses as this is sole and separate
property and constitutes no pari of a marital homestead (collectively "Grantor'% whose address
is c/o Iva Wolf McLachlan, 520 Wolf Road, Georgetown, Texas, 78628, 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 and in consideration of the benefits accruing to Grantor as the owner of certain
adjacent property by reason of this easement-, the conditions, covenants and agreements
hereinafter set forth; and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Grantor hereby GIVES, GRANTS and
CONFIRMS to Grantee, its successors and assigns, a temporary construction easement
and right-of-way (the "Easement") for the purpose of traversing and temporarily
storing trucks, construction vehicles, construction equipment, and utility equipment and
related materials and facilities upon, over, across and within the following described
Property of the Grantor in connection with the proposed construction and installation of
utility lines and roadway improvements (the "Project") in the adjoining permanent
right-of-way and utility easement area being conveyed by separate instrument to the
Grantee concurrently herewith, to wit:
Being all those certain tract(s), piece(s) or parcel(s) of land
identified as Tracts 1, 2 and 3, respectively, lying and being
situated in the County of Williamson, State of Texas, being more
particularly described by metes and bounds and by diagrams in
Exhibits "A". "B" and "C" attached hereto and made a part
hereof for all purposes (herein sometimes collectively referred to
as the "Easement Area" or the "Property").
TO HAVE AND TO HOLD the same unto Grantee and its successors and assigns,
together with the right and privilege at any and all times to enter the Easement Area, or
any part thereof, for the purpose herein permitted.
Grantor and Grantee confirm and agree that they are parties to that one certain
AGREEMENT REGARDING DONATION OF RIGHT OF WAY FOR CONNECTOR ROAD
BETWEEN SH 29 AND RrvERY BOt11.Evmm" dated , 2005 (the
Agreement"), pursuant to which Grantee has agreed to construct a connector road
the "Road") between SH29 and Rivery Blvd., and associated drainage facilities
necessary to service the Road (the "Drainage Facilities") on, over and across
Grantor's adjacent property; such Road and Drainage Facilities being herein referred to
collectively as the "Improvements"). Pursuant to the Agreement, Grantee is expressly
obligated to commence concoction of the Improvements in accordance with the
schedule specified in the Agreement, as such commencement date may be amended
from time to time by the written agreement of Grantor and Grantee. The provisions of
the Agreement relating to the schedule for commencement of construction of the
Improvements are hereby incorporated herein by reference.
TEMPORARY CONSTRUCTION EASEMENT Page 1 of 4
In the event of Grantee's failure to commence construction of the Improvements in
accordance with the schedule set out in the Agreement, as same may have been
amended from time to time by the written agreement of Grantor and Grantee, then this
conveyance shall be null and void; all right, title and interest of Grantee in the Property
shall automatically terminate and be of no further force and effect; and title to the
Property shall then and there wholly and absolutely and automatically revert and be
vested in Grantor or their respective heirs, executors, administrators and assigns
without the necessity of re-entry or suit. By its acceptance hereof, Grantee agrees upon
such termination and reversion to convey any interest it may have in the Property to
Grantor, or its successors and assigns, by written instrument in recordable form;
provided that such an instrument shall not be required for the termination of all of
Grantee's interest in the Property and the automatic reversion of title to Grantor, or
their respective heirs, executors, administrators and assigns; and provided further, that
the recording of an affidavit executed by Grantor, or their respective heirs, executors,
administrators and assigns, stating that such termination and reversion has occurred
and the reason for such termination and reversion) shall be sufficient to confirm
reversion of title to the Property in Grantor, or its successors and assigns. Further,
Grantor agrees that upon satisfaction of Grantee's obligations to timely commence
construction of the Improvements in accordance with the Agreement, Grantor shall
execute a written release, in recordable form, confirming that all and any rights of
reverter that Grantor may hold in the Property are thereby released; provided that such
instrument shall not be required for the release of all rights of reverter held by Grantor
upon satisfaction of Grantee's obligations referenced herein.
3. The Easement, with its rights and privileges, shall be used only for the purpose of
traversing and temporarily storing trucks, construction vehicles, construction
equipment, and utility equipment and related materials and facilities upon, over, across
and within the Property, in connection with the Project in the adjoining permanent
right-of-way and utility easement area being conveyed by separate instrument to the
Grantee concurrently herewith.
4. This Agreement and the Easement shall be in effect from the date of issuance by the
City of Georgetown of a Notice to Proceed on the Project, and shall expire upon the
issuance by the City of Georgetown of a Notice of Final Completion for the Project.
5. Grantee expressly agrees to return the Easement Area to its original condition, or as
close thereto as reasonably possible.
6. Grantor and Grantor's heirs, personal representatives, 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.
7. This Easement, and the rights and privileges granted by this conveyance, are
EXCLUSIVE to Grantee for the duration of this Agreement, and Grantor covenants not
to convey any other easement, license or other conflicting rights to use the area (or any
portion of the area) covered by this grant for the duration of this Agreement.
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 heirs,
personal representatives, 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.
TEMPORARY CONSTRUCTION EASEMENT Page 2 or 4
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this
day of 2005.
Bettie Wolf, also known as Bettie M. Wolf, a
single person, Individually and as Co -Independent
Executor of the Estate of Jay L. Wolf, Deceased
Judy Wolf Hindelang, Individually and as Co -
Independent Executor of the Estate of Jay L. Wolf,
Deceased
James David Wolf, Individually and as Co -
Independent Executor of the Estate of lay L. Wolf,
Deceased
Jane Robertson, Individually
Iva Wolf McLachlan, Individually
Jay L. Wolf, Jr., Individually
STATE OF TERAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by Bettie Wolf, also known as Bettie M. Wolf, a single person, Individually and as Co -
Independent Executor of the Estate of lay L. Wolf, Deceased.
Notary Public, State of Texas
STATE OF TERAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of September, 2005,
by Judy Wolf Hindelang, Individually and as Co -Independent Executor of the Estate of lay L.
Wolf, Deceased.
Notary Public, State of Texas
TEMPORARY CONSMUMON EASEMENT Page 3 of 4
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005,
by lames David Wolf, Individually and as Co -Independent Executor of the Estate of Jay L.
Wolf, Deceased.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005,
by Jane Robertson, Individually.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005,
by Iva Wolf McLachlan, Individually.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of September, 2005,
by lay L. Wolf, Jr., Individually.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
City of Georgetown
P.O. Box 409
Georgetown, Texas
TEMPORARY CONSTRUCITON EASEMENT Page 4 of 4
fyu
EXHIBIT f
gage / of
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
September 21, 2005
Surveyor's Field Notes for the CITY OF GEORGETOWN, for
3.517 Acres, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a deed to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County. Texas;
said 3.517 acres was surveyed by All County Surveying, Inc., and is more particularly described by these
metes and bounds as follows'
COMMENCING at a 1r2" iron rod found in the north right-of-way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest comer of said 202.149 acre WOLF
tract, from which a 5l8' iron rod with cap marked "AII County" set in the north right-of-way line of said
COUNTY ROAD 265, same being the south line of said 202.149 acre WOLF tract, said iron rod being the
southwest comer of a proposed R.O.W. tract, bears (record call South 85 deg 54 min East, 783.45 feet)
SOUTH 87 deg 21 min 28 sec EAST, a distance of 76.49 feet.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, and
crossing said 202.149 acre WOLF tract, NORTH 07 deg 32 min 44 sec EAST, a distance of 2167.93
feet to a calculated point, being the POINT OF BEGINNING and southwest comer of this tract.
THENCE continuing across said 202.149 acre WOLF tract, for the following twenty-three (23) courses
and distances:
1. NORTH 58 deg 24 min 34 sec WEST, a distance of 20.00 feet to a calculated point;
2. With a curve to the right having a radius of 1072.00 feet, a central angle of 06 deg 23
min 24 sec, an are length of 119.55 feet and a chord which bears NORTH 34 deg 47
min 08 sec EAST, a distance of 119.49 feet to a calculated point,
3. NORTH 40 deg 48 min 45 sec WEST, a distance of 416.51 feet to a calculated point;
4. NORTH 39 deg 04 min 45 sec WEST, a distance of 288.82 feet to a calculated point;
5. NORTH 06 deg 02 min 56 sec WEST, a distance of 262.25 feet to a calculated point;
6. NORTH 50 deg 51 min 33 sec EAST, a distance of 109.59 feet to a calculated point;
7. SOUTH 75 deg 32 min 06 sec EAST, a distance of 244.74 feet to a calculated point;
8. SOUTH 39 deg 08 min 27 sec EAST, a distance of 466.21 feet to a calculated point;
9. SOUTH 19 deg 05 min 05 sec EAST, a distance of 251.67 feet to a calculated point;
10. With a curve to the right having a radius of 1072.00 feet, a central angle of 05 deg 58
min 20 sec, an arc length of 111.74 feet and a chord which bean; NORTH 57 deg 06
min 08 sec EAST, a distance of 111.69 feet to a calculated point;
11. SOUTH 29 deg 54 min 42 sec EAST, a distance of 20.00 feet to a calculated point,
being the southeast corner of this tract.
12. With a curve to the left having a radius of 1052.00 feet, a central angle of 14 deg 40
min 35 sec, an arc length of 269.47 feet and a chord which bears SOUTH 52 deg 45
min 01 sec WEST, a distance of 268.74 feet to a calculated point;
13. NORTH 29 deg 14 min 05 sec WEST, a distance of 366.65 feet to a calculated point;
14. NORTH 39 deg 08 min 27 sec WEST, a distance of 9.96 feet to a calculated point;
15. NORTH 50 deg 51 min 33 sec EAST, a distance of 154.00 feet to a calculated point;
16. NORTH 39 deg 08 min 27 sec WEST, a distance of 344.64 feet to a calculated point;
17. NORTH 75 deg 32 min 06 sec WEST, a distance of 219.72 feet to a calculated point;
18. SOUTH 50 deg 51 min 33 sec WEST, a distance of 78.18 feet to a calculated point;
19. SOUTH 06 deg 02 min 56 sec EAST, a distance of 237.10 feet to a calculated point,
EXHIBIT
n
Page _ ? of 3
Surveyor's Field Notes for the CITY OF GEORGETOWN, continued:
20. SOUTH 39 deg 04 min 45 sec EAST, a distance of 322.86 feet to a calculated point;
21. NORTH 50 deg 51 min 33 sec EAST, a distance of 125.18 feet to a calculated point;
22. SOUTH 29 deg 14 min 05 sec EAST, a distance of 384.70 feet to a calculated point;
and
23. With a curve to the left having a radius of 1052.00 feet, a central angle of 10 deg 24
min 10 sec, an are length of 191.00 feet and a chord which bears SOUTH 36 deg 47
min 31 sec WEST, a distance of 190.74 feet to the Point of Beginning, containing 3.517
Acres.
NOTE: This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas State
Plane Coordinate System, Central Zone, NAD83. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. All coordinates are referenced to City Monument No. 96-009. Reference tie from CityMonumentNo. W009 to the southeast comer of said 3.517 acre tract is SOUTH 40 deg 26 min 21 sec WEST,
6972.79 feet. Published City coordinates for City Monument No. 96-009 are N = 10,212,268.29 E = 3,129,499.27
This description is to accompany a Surveyor's Sketch of said 3.517 acre tract.
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File: 995327E 14. fns
AL-
ieM. Baylor
Registered Professional Land Surveyor
Registration Number 5335
Surveyor's Sketch showing a 3511 acre tract, being part of the
Joseph P. Pulslfer Survey, Abstract No. 498, WIIllamson Gounty, Texas.
aThisnd sketch Is to ac a metes N 50°51'33' EandbotindskatzsIstoccoaofyaharem
3511 acre tract.
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Gonstructlon ut r:, 5335 PiQ Job No.: 995321A6
1303 South 215t 5treet y".0, 0111-
Dwg No.: gg532"IE14
Temple, Texas 16504 Su Drawn by:
254-118-2212 Killeen 254-634-4636 Surveyor:
Fax 254-TI4-1608 /3 /-- - Z, - cs c,pygx aoas All C. , s,..,"VS ft.
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
September 2, 2005
Surveyor's Field Notes for the CITY OF GEORGETOWN, for:
0.092 Acre, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a deed to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County, Texas;
said 0.092 acre was surveyed by All County Surveying, Inc., and is more particularly described by these
metes and bounds as follows:
COMMENCING at a 1/2" iron rod found in the north right-of-way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest corner of said 202.149 acre WOLF
tract, from which a 5/8' iron rod with cap marked "AII County" set in the north right-of-way line of said
COUNTY ROAD 265, same being the south line of said 202.149 acre WOLF tract, said iron rod being the
southwest comer of a proposed R.O.W. tract, bears (record call South 85 deg 54 min East, 783.45 feet)
SOUTH 87 deg 21 min 28 sec EAST, a distance of 76.49 feet.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, and
crossing said 202.149 acre WOLF tract, NORTH 05 deg 42 min 00 sec EAST, a distance of 1204.48
feet to a calculated point, being the POINT OF BEGINNING and southeast corner of this tract.
THENCE continuing across said 202.149 acre WOLF tract, for the following three (3) courses and
distances:
1. NORTH 88 deg 43 min 28 sec WEST, a distance of 20.00 feet to a calculated point;
2. NORTH 01 deg 16 min 32 sec EAST, a distance of 200.82 feet to a calculated point,
and
3. SOUTH 88 deg 43 min 28 sec EAST, a distance of 20.00 feet to a calculated point,
being the northeast corner of this tract.
THENCE in a southerly direction, continuing across said 202.149 acre WOLF tract, SOUTH 01 deg 16
min 32 sec WEST, a distance of 200.82 feet to the Point of Beginning, containing 0.092 Acre.
NOTE: This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas Stale
Plane Coordinate System, Central Zone, NAD83. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. All coordinates are referenced to City Monument No. 96-009. Reference tie from CityMonumentNo. 96-009 to the northeast comer of said 0.092 acre tract is SOUTH 38 deg 13 min 35 sec WEST,
8169.33 feet. Published City coordinates for City Monument No. 96-009 are N = 10,212,268.29 E = 3.129,499.27
This description is to accompany a Surveyors Sketch of said 0.092 acre tract.
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File: 995327E9.fn5
9 -z -vs
Jeffre Baylor
Registered Professional Land Surveyor
Registration Number 5335
El
G(
EXHIBIT
nage / of—_
Surveyor's Sketch showing a 0.092 acre tract, being part of the
Joseph P. Pulslfer Survey, Abstract No. 498, KIllamson County, Texas.
l
1 DENOTES S/9' IRON ROD NTHIr / O CAP f 'ALL cautlrr' sEr
1 1
I I I D540T8 CALW ATED POINT
I I I I
11 Rsc9rG call .'10].149 a.
I IIII
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I 588'420.00'
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IIIJAY L. WOLF
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ROD FOUND _ tv bJ=' E "lB3.i5% _ \ - —_
roiNr 5 89'2120• E
18.49'
I 1
1 1
This sketch Is to accomp" a metes and bounds -
CIO c 1010n of the hxeh shorn OA92 acre trot.
ALL GOUNTY SURVEYING, INC. OF, r615rF ••E. survey
Surveyhg r7[p H o N • a.ompleteal: 1-29-05
JefP:E ivflfh381 Bd41ofp 5r -ale: 1• = 200'
q.
i.,..;...........„.. I
Gonstfvtlon Layout ty yDF8335o
JOb NO.: 995321.06995329E9jr;OQ
1303 South 21st Street
Temple, Texas 16504 SUPE Drawn
254-T18-2212 Killeen 254-6344636 Surveyor.
M "
35
Fax 254-7141608 - 9 -Z - oS Co wnt Zoos nn ca,.:w 1-.
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
September 2, 2005
Surveyor's Field Notes for the CITY OF GEORGETOWN, for.
0.138 Acre, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a dead to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County, Texas;
said 0.138 acre was surveyed by All County Surveying, Inc., and is more particularly described by thesemetesandboundsasfollows:
COMMENCING at a 1/2' iron rod found in the north right-of-way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest comer of said 202.149 acre WOLF
tract, from which a 5/8' iron rod with cap marked 'AII County" set in the north right-of-way line of said
COUNTY ROAD 265, same being the south line of said 202.149 acre WOLF tract, said iron rod being the
southwest comer of a proposed R.O.W. tract, bears (record call South 85 deg 54 min East, 783.45 feet)
SOUTH 87 deg 21 min 28 sec EAST, a distance of 76.49 feet.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, and
crossing said 202.149 acre WOLF tract, NORTH 23 deg 57 min 40 sec EAST, a distance of 2997.64
feet to a calculated point, being the POINT OF BEGINNING and southwest corner of this tract.
THENCE continuing across said 202.149 acre WOLF tract, for the following three (3) courses and
distances:
1. NORTH 21 deg 02 min 27 sec WEST, a distance of 20.00 feet to a calculated point;
2. NORTH 66 deg 57 min 33 sec EAST, a distance of 301.27 feet to a calculated point;
and
3. SOUTH 21 deg 02 min 27 sec EAST, a distance of 20.00 feet to a calculated point,
being the southeast corner of this tract.
THENCE in a westerly direction, continuing across said 202.149 acre WOLF tract, SOUTH 68 deg 57
min 33 sec WEST, a distance of 301.27 feet to the Point of Beginning, containing 0.138 Acre.
NOTE: This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas Stale
Plane Coordinate System, Central Zane, NAD83. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. All coordinates are referenced to City Monument No. 96-009. Reference 8e from CityMonumentNo. 96-009 to the southeast comer of said 0.138 acre tract is SOUTH 36 deg 31 min 28 sec WEST, 6183.93 feet. Published City coordinates for City Monument No. 96009 are N = 10,212,268.29 E = 3.129.499.27
This description is to accompany a Surveyors Sketch of said 0.138 acre tract
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File: 995327E10.fns
W -'? 1,4, 9-2--6s'
Jef rey M. Baylor
Registered Professional Land Surveyor
Registration Number 5335
if rr
EXHIBIT
a,
nage —
Of
Sarva or's Sketch showing a 0.138 acre tract, being part of the
Joseph P. Pulsifer Survey, Abstract No. 498, Williamson County, Texas.
This sketch Is to accompany a metes and bounds
description of the herein shown 0.138 acre tract.
I 1
IjMPoM1PFAME
DENOTES OALa TED POINT \ / /
5 21.0227' E
20.00' /// \ /
0.138 ACRE / // //
Nils
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202.149 ALRE5
I JAY L. PIOLF
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1
EXHIBIT
Page 2 _Of__
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ALL COUNTY SURVEYING, INC. i o7 eq Ft Survey
completed, 7-27-05
a Mapping Je.. M...... 6aor Scale: 1' = 5001
a 5335 p? Job NO.. 995327.06
1303 South 21st street • Coflstm,rtion Larut 92O'
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DN9 No.. 995321E6
Temple, Texas 76504 SUFN Drawn
254TI8-2212 Killeen 254-634-4636 Surveyor: Fax 254-Tf4-1608 / _ ¢
GoPY'SM 2005 All Lamy 5w•9Fq, Inc.
the Property, in order for Grantee, its successors and assigns to have perpetual access
to the Drainage Facilities to be constructed on the Dominant Property,
TO HAVE AND TO HOLD the same perpetually unto Grantee and it's successors and
assigns, together with the right and privilege at any and all times to enter the Easement
Area, or any part thereof, for the purpose of accessing the Drainage Facilities on the
Dominant Property.
2. Grantor and Grantee confirm and agree that they are parties to that one certain
AGREEMENT REGARDING DONATION OF RIGRT OF WAY FOR CONNECTOR ROAD
BETWEEN SH 29 AND RIvERY BOULEVARD" dated , 2005 (the
Agreement"), pursuant to which Grantee has agreed to construct a connector road
the "Road") between SH29 and Rivery Blvd., and associated drainage facilities
necessary to service the Road (the "Drainage Facilities") on, over and across the
Dominant Property and other adjacent property of Grantor; such Road and Drainage
Facilities being herein referred to collectively as the "Improvements"). Pursuant to the
Agreement, Grantee is expressly obligated to commence construction of the
Improvements in accordance with the schedule specified in the Agreement, as such
commencement date may be amended from time to time by the written agreement of
Grantor and Grantee. The provisions of the Agreement relating to the schedule for
commencement of construction of the Improvements are hereby incorporated herein by
reference.
In the event of Grantee's failure to commence construction of the Improvements in
accordance with the schedule set out in the Agreement, as same may have been
amended from time to time by the written agreement of Grantor and Grantee, then this
conveyance shall be null and void; all right, title and interest of Grantee in the Property
shall automatically terminate and be of no further force and effect; and title to the
Property shall then and there wholly and absolutely and automatically revert and be
vested in Grantor or their respective heirs, executors, administrators and assigns
without the necessity of re-entry or suit. By its acceptance hereof, Grantee agrees upon
such termination and reversion to convey any interest it may have in the Property to
Grantor, or its successors and assigns, by written instrument in recordable form;
provided that such an instrument shall not be required for the termination of all of
Grantee's interest in the Property and the automatic reversion of title to Grantor, or
their respective heirs, executors, administrators and assigns; and provided further, that
the recording of an affidavit executed by Grantor, or their respective heirs, executors,
administrators and assigns, stating that such termination and reversion has occurred
and the reason for such termination and reversion) shall be sufficient to confirm
reversion of title to the Property in Grantor, or its successors and assigns. Further,
Grantor agrees that upon satisfaction of Grantee's obligations to timely commence
construction of the Improvements in accordance with the Agreement, Grantor shall
execute a written release, in recordable form, confirming that all and any rights of
reverter that Grantor may hold in the Property are thereby released; provided that such
instrument shall not be required for the release of all rights of reverter held by Grantor
upon satisfaction of Grantee's obligations referenced herein.
The Easement, with its rights and privileges, shall be used only for perpetual access to
the Dominant Property.
4. The duration of the Easement is perpetual.
5. Grantor acknowledges and agrees that upon private development of any real property
within the drainage basin served by the Drainage Facilities: (i) Grantee may, in
Grantee's sole discretion, assign all or any portion of the rights granted by this
Agreement to the said developer(s); and (ii) Grantee shall assign the responsibility for
operation and maintenance of the proposed Drainage Facilities to the said developer(s),
in accordance with the requirements of Grantee's Unified Development Code ("UDC")
in effect at the time of any application for development, and thereafter Grantee shall be
released from any obligation to operate and/or maintain the Drainage Facilities.
PERMANENT ACCESS EASEMENT Page 2 of 5
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FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
August 29, 2005
Surveyor's Field Notes for the CITY OF GEORGETOWN, for
3.488 Acres, being part of the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, Williamson
County, Texas, and being a portion of that certain called 202.149 acre tract described in a deed to JAY L.
WOLF, of record in Volume 1997, Page 953 of the Official Public Records of Williamson County, Texas;
said 3.488 acres was surveyed by All County Surveying, Inc., and is more particularly described by thesemetesandboundsasfollows:
COMMENCING at a 1/2' iron rod found in the north right-of-way line of a public maintained roadway
known as COUNTY ROAD 265, said iron rod being the southwest corner of said 202.149 acre WOLF
tract, from which a 5/8' iron rod with cap marked `AII County' set in the north right-of-way line of said
COUNTY ROAD 265, same being the south line of said 202.149 acre WOLF tract, said iron rod being the
southwest comer of a proposed R.O.W. tract, bears (record cal/ South 85 deg 54 min East, 783.45 feet)
SOUTH 87 deg 21 min 28 sec EAST, a distance of 76.49 feet.
THENCE in a northerly direction, leaving the north right-of-way line of said COUNTY ROAD 265, and
crossing said 202.149 acre WOLF tract, NORTH 02 deg 33 min 00 sac EAST, a distance of 2561.13
feet to a calculated point, being the POINT OF BEGINNING and southwest comer of this tract.
THENCE continuing across said 202.149 acre WOLF tract, for the following six (6) courses anddistances:
1. NORTH 39 deg 04 min 45 sac WEST, a distance of 322.86 feet to a calculated point;
2. NORTH 06 deg 02 min 56 sec WEST, a distance of 237.10 feet to a calculated point;
3. NORTH 50 deg 51 min 33 sec EAST, a distance of 78.18 feet to a calculated point,
4. SOUTH 75 deg 32 min 06 sec EAST, a distance of 219.72 feet to a calculated point;
5. SOUTH 39 deg 08 min 27 sac EAST, a distance of 344.64 feet to a calculated point,
being the southeast corner of this tract; and
6. SOUTH 50 deg 51 min 33 sec WEST, a distance of 338.35 feet to the Point of
Beginning, containing 3.488 Acres.
NOTE: This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas State
Plane Coordinate System, Central Zone, NAD83. All distances are horizontal surface distances unless noted and all
bearings are grid bearings. All coordinates are referenced to City Monument No. 96009. Reference be from CityMonumentNo. 98009 to the southeast comer of said 3.488 acre tract is SOUTH 43 deg 35 min 31 sec WEST,
6965.27 feet. Published City coordinates for City Monument No. 96-009 are N = 10,212,268.29 E = 3,129,499.27
This description is to accompany a Surveyor's Sketch of said 3.488 acre tract.
Surveyed July 27, 2005
ALL COUNTY SURVEYING, INC.
1 (800) 749 -PLAT
File: 995327E4.fns
JA
Registered Professional Land Surveyor
Registration Number 5335
EXHIBIT
Page ......—°f
Surveyor's Sketch 5howing a 3.455 acre tract, being part of the
Joseph P. Pulslfer Survey, Abstract No. 4G8, tNllllamson County, Texas.
This sketch is to =compon.f a metes N 50051'33" E -18.' and band" description k}g herein
orn _
18
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ALL COUNTY SURVEYING, INC.
surveyo-g4mapphq
1303 South 21st Street a Gombwtlon Layout
Temple, Texas 16504
254-718-2212 rilleen 254-634-4636
Fax 254--114-1608 X//3
Survey
completed. 1-27-05
Scale: 1' . 100'
Job No,, 995327-06
Dag No.: 995327E4
Drawn by: M
surveyor: I'D *5335
C11PTIgM 2005 All CaNy s .'W' Inc.
SH 29 to Rivery project # 13
ID 10 Task Name
T _
Page 1
cngmeenng wn nays mon 111lwvr inu mi I vu
ROW/Easement Acquisition 63 days Wed 6/1/05
i
Fd 8/26/05 50%'
Posting 22 days Fri 2/3/061 mon 3/6/06 0%
Bid Date 1 day Tue 3/7/061 Tue 3/7/06 j 10%
Award/ Notice to proceed 21 days Tue 3/28/06 i Tue 4/25/06 0%
Construction 269 days' Wed 4/26/06 Mon 5/7/07 0%
Completion/ Acceptance 10 days Tue 5/8/07 Mon 5/21/07 0%
T _
Page 1
ouncil Meeting Date: September 27, 2005 Item No. _
AGENDA ITEM COVER SHEET
SUBIECT
Consideration and possible action for approval of the contract with Lower Colorado River
Authority ("LCRA") for the purchase of electric distribution and transmission materials for FY2005/2006
from Techline in accordance with the LCRA Electric Materials Acquisition Program.
ITEM SUMMARY
Approval of this agreement will allow the City of Georgetown to continue the periodic purchases
of electric distribution and electric transmission material directly from Techline; the vendor awarded the
Electric Material Acquisition Services Contract by LCRA. By using this agreement, the City will be able to
take advantage of lower prices and stock availability to do volume purchasing.
Items will be purchased through this agreement on an as needed basis and are stocked in the City
warehouse to be used by the Electric Department for new electric service installations and maintenance of
the electric system. The total of this bid was based on an estimated quantity from the previous year.
According to Texas Local Government Code 271.102 (c), the City satisfies any state laws requiring
the local government to seek competitive bids for the purchase of the goods and services when purchasing
under Subchapter F. Cooperative Purchasing Program. The Texas Local Government Code 271.101 states
that a municipality may participate in a local agreement with a special district.
This is a continuation of the previous agreement for FY 2004-2005.
SPECIAL CONSIDERATIONS
None
GUS BOARD RECOMMENDATION•
GUS Board recommended approval at the September 20, 2005 meeting. Approved 4-0. Brown,
Hunnicutt and Gavurnik absent.
STAFF RECOMMENDATIONS
Staff recommends approval of the agreement.
FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.)
Funds will not exceed the 2005-2006 budget for this line item, and will be paid from the Electrical
Capital Projects account and Electrical Maintenance of Utilities account. Estimated expenditures are
1,100,000.00. This amount is based on prior year usage.
COMMENTS (from City Attorney, staff, boards and commissions)
None
ATTACHMENTS (list individually)
2003 Material Acquisition Services Agreement between City and LCRA.
Mike Mayben, Energy Services Manager
Marsha Iwers, Purchasing Agent
Agenda Item Check List
Financial Impact
Agenda Item: LCRA Material Acquisition Program Contract
Agenda Item Subject: Renewal of Contract for 2005-2006
Is this a Capital Improvement Yes No
Project:
Council Date: 09/27/2005
link to Agenda database => 46
Need Help?
Was it budgeted?
Is it within the approved budgeted amount?
If not, where is the money coming from?
G/L Account Number
Amount Going to Council
Is there something (budgeted) that won't get
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's
budget?
If so, please explain.
Does this project have future revenue
impact?
Year: 2005 and beyond
If so, how?
Yes 'J No
Yes ? No
611-101
1,110,000.00
Yes 0 No
Yes • No
0 Yes , No
Department: Georgetown Utility Systems
Electric revenue due to growth
Identify all on-going costs (i.e., insurance, n/a
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours: n/a
Cross -divisional impact: 0 Yes O No
If so, what division(s)? Finance and Administration
Prepared by: Mike Mayben Date: 09/20/2005
Agenda Item Checklist. Approved on 09/21/2005
Approvers Title Assigned Notified Received Status Changed Status
Jim Briggs Assistant City 09/20/2005 09/20/2005 09/20/2005 09/20/2005 Approved
Jose Lara Manager 09/20/2005 09/20/2005 9/21/2005 09/21/2005 Approved
Utility Financial
Analyst
Approval Cycle Settings
Council Meeting Date: September 27, 2005 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve the transfer of .272 MGD of plant capacity in
accordance with the Water Service, Water Rights, and Facility Ownership Contract between the City of
Georgetown and Chisholm Trail Special Utility District relating to the Lake Water Treatment Plant.
ITEM SUMMARY:
The Water Service, Water Rights, and Facility Ownership Contract between the City of
Georgetown and Chisholm Trail Special Utility District dated February 23,1999 provides CTSUD with
an ownership interest in the Lake Georgetown Water Treatment Plant upon request in exchange for
service area (CCN) concessions, subject to certain limits. CTSUD has requested an increase in its
ownership share from 1.728 MGD to 2.0 MGD of plant capacity.
Staff requests a GUS Board recommendation to approve the annual Cost of Service Study and a
transfer of an additional 272 MGD of off-peak LWTP capacity to MUD on October 1, 2005.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Transfer of LWTP off-peak capacity to CTSUD will result in a write-down of the current LWTP
asset value and recognition of a CCN asset value of approximately $252,153 (less if recognized at Net
Book Value.)
GUS BOARD RECOMMENDATION:
GUS Board recommended approval at the September 20, 2005 meeting. Approved 4-0. Brown,
Gavernik and Hunnicutt absent.
STAFF RECOMMENDATION:
Staff supports the recommendation by the GUS Advisory Board to approve the transfer of plant
capacity to CTSUD.
COMMENTS:
NONE
ATTACHMENTS:
Bill of Sale.
Submitted by: Glenn Dishong J Jim
Water Services Manager /
For Utilities
HILL OF SALE
Date: September 27, 2005
Grantor: City of Georgetown, a Texas home rule municipality
Grantor's Mailing Address (including county):
City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Grantee: Chisholm Trail Special Utility District, a Texas conservation and reclamation
district
Grantee's Mailing Address (including county):
General Manager
Chisholm Trail Special Utility District
P.O. Box 249
Florence, Texas 76527
Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand
paid by Grantee.
Facilities: Grantor, for the consideration herein expressed, sells, assigns, conveys,
and transfers to Grantee an undivided ownership interest in that certain water treatment plant
located at Lake Georgetown, including the existing water intake structure, treated water high
service pumps, and all associated equipment, facilities and appurtenances thereto, together with a
corresponding amount of off-peak water treatment plant capacity as set forth below and as
detemuned in accordance with Article VIII of the Agreement (as hereinafter defined).
Reference is hereby made to that certain "Water Service, Water Rights, and Facility
Ownership Contract Between the City of Georgetown and Chisholm Trail Special Utility
District" dated February 23, 1999, between Grantor and Grantee (the "Agreement'). The
conveyance by Grantor to the Grantee hereunder is made pursuant to, and subject to, the terms
and conditions of the Agreement, and all capitalized terms hereunder that are not defined shall be
given the meanings set forth in the Agreement. In the event of a conflict between the terms of
this instrument and the Agreement, the terms of the Agreement shall control.
In accordance with Article VIII of the Agreement, Grantor and Grantee hereby agree that
0.272 MGD of off-peak treatment plant capacity is being conveyed hereby. Therefore, as of the
Effective Date of this instrument, CTSUD's total percentage of undivided ownership interest is
equal to the quotient obtained by dividing the sum of .272 MGD and 1.728 MGD (amount
previously conveyed), by the Expanded Plant capacity (15.8 MGD), calculated in accordance
with the terms of the Agreement.
Grantor and Grantee hereby each agree to execute such other specific documents as may
be necessary or appropriate to accomplish the transfers contemplated in the Agreement and this
document.
When the context requires, singular nouns and pronouns include the plural. References
to defined terms shall refer to those terms defined in the Agreement.
Executed effective
GRANTOR:
CITY OF GEORGETOWN, TEXAS, a Texas home rule
municipality
Gary Nelon, Mayor
ACCEPTED:
GRANTEE:
CHISHOLM TRAIL SPECIAL UTILITY DISTRICT
M
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
President
This instrument was acknowledged before me on the _ day of , 2005, by
President of Chisholm Trail Special Utility District, on behalf of said district.
Notary Public, State of Texas
SEAL)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the _ day of , 2005, by
Gary Nelon Mayor of the City of Georgetown, a Texas home rule municipality, on behalf of said
municipality.
Notary Public, State of Texas
SEAL)
Bill of Sale
AFTER RECORDING RETURN TO:
Chisholm Trail Special Utility District
P.O. Box 249
Florence, Texas 76527
Attn: General Manager
CTSUD• Bill of Sale for Georgetown Plant Rev 9•8-05
Agenda Item:
Agenda Item Check List
ammm
Financial Impact
CTSUD Bill of Sale
Agenda Item Subject: Consideration and possible action to approve the transfer of .272
MGD of plant capacity in accordance with the Water Service, Water
Rights, and Facility Ownership Contract between the City of
Georgetown and Chisholm Trail Special Utility District.
Is this a Capital Improvement
Project:
Council Date:
Yes • No
09/27/2005
link to Agenda database => ob
Need Help?
Was it budgeted? 0 Yes No
Is it within the approved budgeted amount? • Yes No
If not, where is the money coming from?
G/L Account Number
Amount Going to Council $ 0.00
Is there something (budgeted) that won't get Yes • No
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's Yes 0 No
budget?
If so, please explain.
Does this project have future revenue Yes 9 No
impact?
Year: Department:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact: 0 Yes ;_, No
If so, what division(s)? Finance and Administration
Prepared by: Glenn Dishong Date: 09/21/2005
Agenda Item Checklist., Approved on 09=12005
Approvers Title signed Notified Received Status Changed Status
Jim Briggs Assistant City 09/21/2005 09/21/2005 09/22/2005 09/22/2005 Approved
Jose Lara Manager 09/22/2005 09/22/2005 09/22/2005 09/22/2005 Approved
Utility Financial
Analyst
Approval Cycle Settings
Council Meeting Date: September 27, 2005 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to amend the contract between the City and the Brazos
River Authority (BRA) for the management, operation, and maintenance of its wastewater
treatment facilities for fiscal year 2005-2006 and to set an annual operating budget of $1,075,000.00.
ITEM SUMMARY:
The City entered into a contract with BRA to manage, operate, and maintain its wastewater
treatment facilities for the five-year period from October 30, 2003 to September 30, 2008. The
contract specifies the methodology for annual price adjustments and cost reconciliation.
This third amendment encompasses the following changes to the contract:
Increases the annual price as a result of the increase in the volume of wastewater to
be treated.
The annual contract for the period from October 1, 2005 to September 30, 2006 will provide
for the treatment of 1,275 Million Gallons of wastewater with a maintenance budget of $50,000.00.
The total contract amount is $1,068,865.25.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Funds for this item will come from the Wastewater Operations Fund 654109-5302-00.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval at the September 20, 2005 meeting. Approved 4-0.
Brown, Gavemfk and Hunnicutt absent.
STAFF RECOMMENDATION:
Staff supports the recommendation by the GUS Advisory Board to amend the Brazos
contract.
None.
ATTACHMENTS:
BRA Contract
Submitted By: Glenn Dishong "1 /Jim.
Water Services Manager) Z—J
For
AMENDMENT NUMBER THREE
to
AGREEMENT
for
MUNICIPAL WASTEWATER TREATMENT PLANT OPERATIONS,
MAINTENANCE AND
MANAGEMENT SERVICES
for the
CITY OF GEORGETOWN, TEXAS
THIS AGREEMENT is made to be effective on the day of
2005, between the City of Georgetown, Texas (hereinafter "City"), a Texas home rule
municipality, the Brazos River Authority, (hereinafter "BRA"), a river authority of the state
of Texas. City and BRA are collectively referred to herein as "the Parties."
WHEREAS, City is the owner of a municipal wastewater treatment system that
presently consists of five wastewater treatment plants and the associated appurtenances;
and
WHEREAS, City selected BRA to operate, manage, maintain and repair City's
municipal wastewater treatment system; and
WHEREAS, the parties entered into the "Agreement for Municipal Wastewater
Treatment Plant Operations, Maintenance and Management Services for the City of
Georgetown, Texas", effective October 31, 2003, ("Original Agreement"), and the
Original Agreement was amended by "Amendment Number One to Agreement for
Municipal Wastewater Treatment Plant Operations, Maintenance and Management
Services for the City of Georgetown, Texas" effective 2004 ("First
Amendment'); and
WHEREAS, Article 4.0 of the Original Agreement provides for the annual revision
of the Original Agreement each Contract Year, with such revision to be accomplished by
updating and revising certain appendices to the Original Agreement as necessary; and
NOW THEREFORE, in consideration of the mutual covenants and agreements set
forth herein, the Parties agree as follows:
1. GENERAL
1.1 This Agreement, referred to herein as the Third Amendment, is an
amendment of the Original Agreement, as amended by the First and Second
Amendments. Except as expressly modified herein, the terms of the
Original Agreement shall remain in full force and effect.
I
1.2 Throughout this Third Amendment, the words and phrases contained in this
Agreement shall have the same meanings as set forth in the Original
Agreement, unless a different definition is set forth herein.
2. AMENDMENT FOR THE THIRD CONTRACT YEAR
3.1 Appendix E of the Original Agreement "City and BRA Personnel Contact
List" is hereby deleted and replaced with the revised Appendix E attached
to this Third Amendment.
3.2 Appendix F of the Original Agreement "Cost and Payment Summary for
Contract Year Oct 31, 2003 — Sep 30, 2004" is hereby deleted and
replaced with the revised Appendix F attached to this Third Amendment.
3.3 Appendix G of the Original Agreement "City Personnel with 24-hour
Access" is hereby deleted and replaced with the revised Appendix G
attached to this Third Amendment.
Both parties indicate their approval of this Third Amendment to the Agreement by the
signatures of their duly authorized representatives below, and agree that the terms of this
Second Amendment shall be effective on October 1, 2005.
Authorized signature: Authorized signature:
BRAZOS RIVER CITY OF GEORGETOWN, TEXAS
AUTHORITY
Name: Phillip J. Ford
Title: General Manager / CEO
Attest: City of Georgetown, Texas 78626
Name: Sandra Lee
Title: City Secretary
STATE OF TEXAS §
Name: Gary Nelon
Title: Mayor
Name: Patricia E. Carls, Brown & Carls, LLP
Title: City Attorney
2
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of
2005, by Gary Nelon, a person known to me in his capacity as Mayor of
the City of Georgetown, on behalf of the City of Georgetown.
Notary Public in and for the State of Texas
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF McLENNAN
This instrument was acknowledged before me on this the _ day of
2005, by Phillip I Ford, a person known to me in his capacity as General
Manager / CEO of the Brazos River Authority.
Notary Public in and for the State of Texas
Ap. liX E Ar Hent 3
City and BRA Personnel Contact List
CONTACT TITLE COMPANY TELEPHONE CELLPHONE PAGER EMAIL
Jim Briggs Assistant City Manager - Utility Operations GUS 512-930-3889 512-818-0090 N/A
gdishong@georgetownbc.org
jhb@georgetownb(.org
Glenn Dishong Water Services Manager GUS 512-930-2574 512-818-2738 N/A
Lonnie Reed Wastewater/Reuse Supervisor GUS 512-930-2581 512-818-1272 N/A Iareed@ eorgetown.or
Ken Taylor Wastewater/Reuse Lead GUS 512-930-8147 512-818-2477 WA ket@georgetowntx.or
On Call Operator Wastewater Dept On Call GUS N/A 512-818-1612 512-896-6582 N/A
Randy Massie Regional Manager OMI 512-930-2520 512-748-1779 N/A rmassie@omiinc.com
Randy Massie Project Manager OMI 512-930-2520 512-748-1790 WA omigeo@omiine.com
GUS Dispatch GUS Dispatch - 7A - 11 P Mon - Fri GUS 512-930-3555 N/A N/A N/A
Georgetown Police Dispatch Police Dispatch - 24/7 GUS 512-930-3510 N/A N/A N/A
SCADA SCADA GUS 512-864-9674 N/A N/A N/A
Berry Creek Lift AutoDialer GUS 512-819-0042 N/A N/A N/A
Smith Branch Lift AutoDialer GUS 512-819-9133 WA N/A N/A
San Gabriel WWTP AutoDialer GUS 512-9303591 N/A N/A N/A
Dove Springs WWTP AutoDialer GUS 512-930-3538 WA WA N/A
Pecan Branch WWTP AutoDialer GUS 512-863-8975 N/A N/A N/A
Curds Smalley Regional Superintendent BRA 512-352-8666 512-560.8970 N/A csmalley(Mbrazos.org
Donald Malovets Regional Maintenance Superintendent BRA 512-863-8975 512539-0316 N/A dmalovets@brazos.org
Bob Shumate Regional Operations Superintendent BRA 254-939-6471 254-640-1069 N/A rshumate(Mbrazos.org
Kelsey Fincher Re ional Analytical Services Superintendent BRA 254-939-6471 254-493-0550 N/A kfincher@brazos.org
Georgetown Maintenance on Call Georgetown Maintenance on Call BRA 512-863-8975 512-818-2158 N/A N/A
Georgetown Operator on Call Georgetown Operator on Call BRA 512-930-3538 512-567-6072 N/A N/A
Tommy Dickens Georgetown Chief Operator BRA 512-930-3538 512-818-2771 N/A tdickens@brazos.org
BCRWS Maintenance on Call BCRWS Maintenance on Call BRA 512-246-2969 512-563-0417 N/A WA
BCRWS Operator on Call BCRWS Operator on Call BRA 512-246-2968 512-563-0419 WA WA
Francisco Vicent BCRWS Chief Operator BRA 512-246-2968 512-563-0421 N/A fvicentCbrazos.org
SCRWTP Operator on Call SCRWTP Operator on Call BRA 512-5634589 512-563-4589 WA N/A
Ted Kendig SCRWTP Chief O rotor BRA 512-267-2434 512-563 0478 N/A tkendig@brazos.org
TBRSS Maintenance on Call TBRSS Maintenance on Call BRA 254-939 6471 254 493-7325 WA N/A
TBRSS Operator on Call
Randy Lock
BRA Emergency Dispatch
TBRSS Operator on Call
TBRSS Chief Operator
Emergency Calls -24/7
BRA
BRA
BRA
254-939-6471.2545345386
254:639-6471-254-493-7177
888-571-2966 888-571-2966
N/A
WA
N/A
WA
dock@brazos.org
N/A
40
a
we
Appendix F Amendment 3
Cost and Payment Summary for Contract Year
Oct 1, 2005 - Sep 30, 2006
Item #AW 4=1—
1 Treatment Projection (MG) 1,275
2 Average Daily Treatment (MGD) 382
3 Sludge Disposal Cost Threshold 14.50
Cost Component per MG Cost
4 Volumetric Rate 799.11
Projected Volumetric Fee (FY 03-04) 1,018,865.25
5 Repairs Budget 50,000.00
Total Annual Fee FY 03-04 1,068,865.25
Monthly Payment Calculation'
6 Monthly Payment (Current Fiscal Year) 89,072.10
dWqaq VoltqW Fee Adjustment
7 Annual Treatment Volume (MG)
8 Treatment Delta (MG)
9 Excess Flow Adjustment (per MG) 365.85
10 Under Flow Adjustment (per MG) 214.83
11 Volumetric Fee Adjustment
udget Adjustment
12 Repairs Budget 50,000.00
13 lActual Repairs Expense
14 Repairs Budget Adjustment
15 Reconcilation Payment
0
Council Meeting Date: September 27.2005 Item No. _ 1
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from
Williamson County transferring ownership and maintenance of D.B. Wood Road from
Williamson County to the City.
I I EM J UMMAKY •
On August 28, 2001, the Council approved an Interlocal Agreement (the "Agreement") with
Williamson County (the "County") for the design, construction and future maintenance of certain
segments of the Georgetown Innerloop Road system. The Agreement provided that the County
would be responsible for design and construction of the roads and upon completion, the City would
annex the roads and assume responsibility for maintenance thereof. Construction of the D.B. Wood
Road segment of the Innerloop is complete. The attached Quitclaim Deed executed by the County
and proposed easement amendment attached hereto convey the appropriate property interests to the
City for the City to assume responsibility for and maintenance of the entire length of D.B. Wood
Road.
ATTACHMENTS:
1) Quitclaim Deed
2) Amendment No. Ito U.S. Army Corps of Engineers Easement conveying D.B. Wood Road
right-of-way easement from County to City
Submitted By: laity Manager for Utility Operations
QUITCLAIM DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: , 2005
Grantor: WILLIAMSON COUNTY
Grantor's Mailing Address (including county):
WILLIAMSON COUNTY
C/O JOHN DOERFLER
COUNTYJUDGE
WILLIAMSON COUNTY COURTHOUSE
GEORGETOWN, TEXAS 78626
WILLIAMSON COUNTY
Grantee: CITY OF GEORGETOWN
Grantee's Mailing Address (including county):
CITY OF GEORGETOWN
C/O PAUL E. BRANDENBURG
CITY MANAGER
113 E. 8"` STREET
GEORGETOWN, TEXAS 78626
WILLIAMSON COUNTY
Consideration: TEN AND NO/100 DOLLARS and other good and valuable cosideration.
Property (including any improvements):
See Exhibit "A" attached hereto and made a part hereof for all intents and purposes
hereunto and in any wise pertaining, all of that certain 27.47 acre tract, strip or parcel
of land situated within and being a portion of the Isaac Donagan Survey, Abstract No.
178, and the Joseph Fish Survey, Abstract No. 232, in Williamson County, Texas,
said 27.47 acre tract, strip or parcel of land being approximately 120 feet in width,
except for the south 50 feet which extends out to 226 feet in width, to intersect with
State Highway 29, being all of that called 16.08 acre tract to Williamson County,
Pi WWW:OQNNNVRIDOXIO/W00%/WMCQ'BONDYpBWOOpSGFARGEI'0/000&1869.WPP'h
Texas, referred to as Exhibit D, in a Resolution by the Commissioner's Court of
Williamson County, Texas, recorded in Volume 901, Page 551, ofthe Deed Records
of Williamson County, Texas being all of that called 6.91 acre tract to Williamson
County, Texas, referred to as Exhibit C, in said Resolution, being all of the called
1.65 acre tract to Williamson County, Texas, referred to as Exhibit B, in said
Resolution, being a portion of that called 10.21 acre tract to Williamson County,
Texas, referred to as Exhibit A, in said Resolution, also being a portion Lots I and
2 of Home Place, a subdivision of record in Cabinet K, Slide 117 of the Plat Records
of Williamson County, Texas; said 27.47 acre tract, strip or parcel of land being more
particularly described by metes and bounds as indicated; and
See "Sketch to Accompany Description" attached hereto and made a part hereof for
all intents and purposes hereunto and in any wise pertaining, showing such strip or
parcel of land.
For the consideration recited herein and other good and valuable consideration, the receipt
of which is hereby acknowledged, Grantor quitclaims to Grantee all of Grantor's right, title, and
interest in and to the property, to have and to hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns shall have, claim, or demand any right or title to the property
or any part of it.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED this the 7 day of 2005.
WILLIAMSON COUNTY, TEXAS
By: LC .
J Doerfler, Count} Judge
R
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of 2005, by
John Doerfler, County Judge of Williamson County, on behalf of said county.
A
April 22iw•'.
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Qtdi w
N Public—State of Texas
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
27.47ACRES F.N. NO.6524(JJC)
WILLIAMSON COUNTY, TEXAS JULY 8, 2003
JOB NO. 440717.00
EXHIBIT A
METES AND BOUNDS DESCRIPTION
ALL OF THAT CERTAIN 27.47 ACRE TRACT, STRIP OR PARCEL OF LAND SITUATED WITHIN
AND BEING A PORTION OF THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, AND THE
JOSEPH FISH SURVEY, ABSTRACT NO. 232, IN WILLIAMSON COUNTY, TEXAS, SAID 27.47
ACRE TRACT, STRIP OR PARCEL OF LAND BEING APPROXIMATELY 120 FEET IN WIDTH,
EXCEPT FOR THE SOUTH 50 FEET WHICH EXTENDS OUT TO 226 FEET IN WIDTH TO
INTERSECT WITH STATE HIGHWAY 29, BEING ALL OF THAT CALLED 16.08 ACRE TRACT TO
WILLIAMSON COUNTY, TEXAS, REFERRED TO AS EXHIBIT D, IN A RESOLUTION BY THE
COMMISIONERS' COURT OF WILLIAMSON COUNTY, TEXAS, RECORDED IN VOLUME 901,
PAGE 551, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING ALL OF THAT
CALLED 6.91 ACRE TRACT TO WILLIAMSON COUNTY, TEXAS, REFERED TO AS EXHIBIT C,
IN SAID RESOLUTION, BEING ALL OF THAT CALLED 1.65 ACRE TRACT TO WILLIAMSON
COUNTY, TEXAS, REFERED TO AS EXHIBIT B, IN SAID RESOLUTION, BEING A PORTION OF
THAT CALLED 10.21 ACRE TRACT TO WILLIAMSON COUNTY, TEXAS, REFERED TO AS
EXHIBIT A, IN SAID RESOLUTION, ALSO BEING A PORTION OF LOTS 1 AND 2 OF HOME
PLACE, A SUBDIVISION OF RECORD IN CABINET K, SLIDE 117, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 27.47 ACRE TRACT OR PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a'/2 inch iron rod with a cap stamped PBS&J, set in the north right-of-way of State
Highway 29, at the southern most west corner of said 16.08 acre tract and the southern most east
corner of Lot 1, Resubdivision of lots 5 and 6, Block 1, Wood Ranch, Section Five, a subdivision
recorded in Cabinet R, Slide 133, of the Plat Records of Williamson County, Texas, from which a
concrete highway monument bears S 870 09'53" E, a distance of 898.61 feet;
THENCE, N 330 36' 19" E, along the west line of said 16.08 acre tract and the east line of said Lot 1,
a distance of 58.13 feet to a 1/2 inch iron rod set with a cap stamped PBS&J;
THENCE, N 200 55' 50" W, continuing with the west line of said 16.08 acre tract and an east line of
Wood Ranch, Section Five, a subdivision recorded in Cabinet K, Slide 269, of the Plat Records of
Williamson County, Texas, the east line of Amended Wood Ranch, Section Two, a subdivision
recorded in Cabinet K, Slide 67, of the Plat Records of Williamson County, Texas, the east line of
Amended Wood Ranch, Section Three, a subdivision recorded in Cabinet L, Slide 205, of the Plat
Records of Williamson County, Texas, the east line of Amended Wood Ranch, Section Four, a
subdivision recorded in Cabinet L, Slide 208, of the Plat Records of Williamson County, Texas, and
also the east line of that called 2055.12 acre tract, referred to as Tract I, in a Warranty Deed from
James Ross Avant and Joan Wood Avant to their children Jim Forrest Avant, Jeff Wood Avant, and
Jamie Avant Dyhle in Volume 2334, Page 548 of the Official Records of Williamson County, Texas,
a passing distance of 2.40 feet, a perpendicular distance east of 0.05 feet to a 1/2 inch iron rod found,
a passing distance of 146.34 feet, a perpendicular distance west of 0.11 feet to a Y2 inch iron rod
found monumenting the northeast comer of said Lot 1 and the southeast corner of Lot 7, of said
Wood Ranch, Section Five, a passing distance of 354.09 feet, a perpendicular distance east of 0.14
feet to a 1/2 inch iron rod found monumenting the northeast comer of said Lot 7 and the southeast
corner of Lot 8 of said Wood Ranch, Section Five, a passing distance of 569.99 feet, a perpendicular
distance west of 0.25 feet to a 1/2 inch iron rod found monumenting the northeast corner of said Lot 8
and the southeast corner of Lot 9 of said Wood Ranch, Section Five, a passing distance of 697.44
feet to a 1/2 inch iron rod found monumenting the northeast corner of said Lot 9 and the southeast
corner of Lot 10, of said Wood Ranch, Section Five, a passing distance of 824.48 feet, a
perpendicular distance east of 0.23 feet to a 1/2 inch iron rod found monumenting the northeast
comer of said Lot 10 and the southeast corner of Lot 11, of said Wood Ranch, Section Five, a
passing distance of 951.37 feet, a perpendicular distance east of 0.28 feet to a 1/2 inch iron rod found
monumenting the northeast comer of said Lot 11 and the southeast comer of Lot 12 of said Wood
Ranch, Section Five, a passing distance of 1202.33 feet to a 1/2 inch iron rod found monumenting the
northeast comer of said Lot 12 and the southeast corner of Lot 1, of said Amended Wood Ranch,
Section Two, a passing distance of 1509.30 feet, a perpendicular distance east of 0.12 feet to a 1/2
inch iron rod found monumenting a point of curvature in said Lot 1 and in the south right-of-way of La
Mesa Lane, a 60 foot wide right-of-way shown on said Amended Wood Ranch, Section Two, a
Page 1 of 9
27.47ACRES F.N. NO.6524(JJC)
AD WILLIAMSON COUNTY, TEXAS JULY 8, 2003
JOB NO. 440717.00
passing distance of 1599.32 feet, a perpendicular distance east of 0.36 feet to a '/i inch iron rod
found monumenting a point of curvature in Lot 20 of said Amended Wood Ranch, Section Two and
in the north right-of-way of said La Mesa Lane, a passing distance of 1919.35 feet, a perpendicular
distance west of 0.10 feet to a'h inch iron rod found monumenting the northeast corner of said Lot
20 and the southeast corner of Lot 21 of said Amended Wood Ranch, Section Two, a passing
distance of 2069.40 feet, a perpendicular distance west of 0.07 feet to a 'h inch iron rod found
monumenting the northeast corner of said Lot 21 and the southeast comer of Lot 22 of said
Amended Wood Ranch, Section Two, a passing distance of 2848.07 feet, a perpendicular distance
west of 0.52 feet to a'/2 inch iron rod found monumenting a point of curvature in Lot 1, of said
Amended Wood Ranch, Section Three and in the south right-of-way of Cedar Ridge Drive, a 60 foot
wide right-of-way shown on said Amended Wood Ranch, Section Three, a passing distance of
2948.04 feet, a perpendicular distance west of 0.68 feet to a'h inch iron rod found monumenting a
point of curvature in Lot 10 of said Amended Wood Ranch, Section Three and in the north right-of-
way of said Cedar Ridge Drive, a passing distance of 3203.03 feet, a perpendicular distance west of
0.50 feet to a '/2 inch iron rod found monumenting the northeast corner of said Lot 10 and the
southeast corner of Lot 9, Block D, of said Amended Wood Ranch, Section Four, a passing distance
of 3458.10 feet, a perpendicular distance west of 0.47 feet to a'/2 inch iron rod found monumenting a
point of curvature in said Lot 9 and in the north right-of-way of Sage Brush Court, a 60 foot wide
right-of-way shown on said Amended Wood Ranch, Section Four, a passing distance of 3558.00
feet, a perpendicular distance west of 0.39 feet to a'/2 inch iron rod found monumenting a point of
curvature in Lot 1 of said Amended Wood Ranch, Section Four, a passing distance of 4054.30 feet,
a perpendicular distance west of 0.21 feet to a 'h inch iron rod found monumenting the northeast
corner of said Lot 1, Wood Ranch, Section Four and the most easterly comer of said 2055.12 acre
tract, for a total distance of 4818.16 feet to a'/2 inch iron rod found monumenting a point of curvature
in the west line of said 16.08 acre tract and a point of curvature in the east line of said 2055.12 acre
tract;
THENCE, continuing along the west line of said 16.08 acre tract and the east line of said 2055.12
acre tract, a distance of 342.75 feet along the arc of a curve to the left, having a radius of 5669.65
feet, a central angle of 3027'49", and a chord bearing N 220 43'22" W, a distance of 342.70 feet to a
2 inch iron rod found monumenting a point of tangency in the west line of said 16.08 acre tract and
the east line of said 2055.12 acre tract;
THENCE, N 240 22'21" W, continuing along the west line of said 16.08 acre tract and the east line
of said 2055.12 acre tract, a distance of 236.35 feet to a'/2 inch iron rod found monumenting a point
of curvature in the west line of said 16.08 acre tract and the east line of said 2055.12 acre tract;
THENCE, continuing along the west line of said 16.08 acre tract and the east line of said 2055.12
acre tract, passing the northwest corner of said 16.08 acre tract and the southwest corner of said
6.91 acre tract at an approximate arc distance of 261.24 feet, a total distance of 404.18 feet along
the arc of a curve to the right, having a radius of 5789.65 feet, a central angle of 4°00'00", and a
chord bearing N 220 25' 28" W, a distance of 404.10 feet to a'h inch iron rod with a PBS&J cap, set
as a point of tangency in the west line of said 6.91 acre tract and the east line of said 2055.12 acre
tract;
THENCE, N 200 25' 15" W, continuing along the west line of said 6.91 acre tract and the east line of
said 2055.12 acre tract, passing the north line of the Isaac Donegan Survey, Abstract No. 178, and
the south line of the Joseph Fish Survey, Abstract No. 232, a total distance of 2264.23 feet to a'/2
inch iron rod found monumenting a point of curvature in the west line of said 6.91 acre tract and the
east line of said 2055.12 acre tract;
THENCE, continuing along the west line of said 6.91 acre tract and the east line of said 2055.12
acre tract, passing the northwest corner of said 6.91 acre tract and the southwest corner of said 1.65
acre tract at an approximate arc distance of 186.27 feet, passing the northwest corner of said 1.65
acre tract and the southwest corner of said 10.21 acre tract at an approximate arc distance of 788.18
feet, a total distance of 1038.80 feet along the arc of a curve to the left, having a radius of 1372.69
feet, a central angle of 43021'33", and a chord bearing N 420 05'41"W, a distance of 1014.19 feet to
a 'h inch iron rod with a PBS&J cap, set as a point of tangency in the west line of said 10.21 acre
tract and the east line of said 2055.12 acre tract;
Page 2 of 9
EXHIBIT A
VICINITY MAP
0
eR
LAKE
GEORGETOWN 33
92O n
PQ
A'GABRIE
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i
O
AREA OF
DESCRIPTION p
o
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29 UNIVERSITY AVE p
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0
NOTES:
1. BEARINGS AND DIRECTIONAL CONTROL
BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, (NAD83) CENTRAL
ZONE (4203).
2. THIS SURVEY PREPARED WITHOUT THE
BENEFIT OF A TITLE REPORT.
LEGEND:
0 IRON ROD FOUND (V UNLESS NOTED)
0 J¢" IRON ROD SET WITH CAP
LENGTH
STAMPED "PBS&J"
0 IRON PIPE FOUND (SIZE NOTED)
N33°36'19E
CONCRETE MONUMENT FOUND
58.16
NAIL FOUND
P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TX
D.R.W.C.T. DEED RECORDS OF WILLIAMSON COUNTY, TX
O.R.W.C.T. OFFICIAL RECORDS OF WILLIAMSON COUNTY, TX
P.O.B. POINT OF BEGINNING
DEED CALLS, IF ANY
LFIELDNOTES:
w^„C0^ UKAWING to ACCOMPANY HELDNOTE No.6524 SKETCH TO ACCOMPANY FIELD NOTES SHEET
JU °'=' Z00a
u PARKWAY 27.47 ACRES OF R.O.W. 6
I _OR: J GIRCI DB WOOD ROADgAH: J CURG ASN XABIG: Wl 1 )!)'1 60D1852` °'° '' °°'°
WILLIAMSON COUNTY, TEXAS PBSJ PLAT No.EF: R BOWEH
44071 7.00
LINETABLE
CURVE TABLE
LINE LENGTH BEARING
L1 58.13 N33°36'19E
L7 58.16 N33°33E
L2 236.35 N24°2221W
L2 233.93 N24022W
L3 179.02 N634648'W
L4 128.61 N68.56'4TE
L5 180.02 S63°46'20'E
L6 233.93 S24 *2455E
LB 233.93 S24 *22T
L7 81.18 S56°3949 E
L 81.19 S56°36'E
L8 171.86 S87.4031W
L8 171.86 S87.41W
LFIELDNOTES:
w^„C0^ UKAWING to ACCOMPANY HELDNOTE No.6524 SKETCH TO ACCOMPANY FIELD NOTES SHEET
JU °'=' Z00a
u PARKWAY 27.47 ACRES OF R.O.W. 6
I _OR: J GIRCI DB WOOD ROADgAH: J CURG ASN XABIG: Wl 1 )!)'1 60D1852` °'° '' °°'°
WILLIAMSON COUNTY, TEXAS PBSJ PLAT No.EF: R BOWEH
44071 7.00
CURVE TABLE
CURVE LENGTH RADIUS CEN. ANGLE CH. BRG. CHORD
Cl 34275 5669.65 3.2749" N22.4322 -W 342.70
Cl) 34502 5669.65 N22°38W 344.97
C2 404.18 5789.65 4.00'00" N22.2528W 404.10
C24) 261.24 5789.65 N23.05W 26111
C2B) 142.96 5789.65 N21°04W 142.95
C31 1038.80 1372.69 43 21'33' N42.0541W 1014.19
CM) 186.271 1372.69 N24°15W I 186.13
C3B) 601.91 1372.69 N40°42W 597.10
C3C) 641.18 1372.69 N66.39W 63536
C4 598.33 1492.84 22.5751" N52°41'59'W 594.33
C5 50589 1372.83 21.0649" S63.37W"E 503.03
C6 1129.34 1491.69 43.20'56' S42°05'45E 1102.60
C64) 771.78 1492.69 S65"13E 763.22
C68) 594.95 1492.69 S38°59'E 591.03
06C 187.55 1492.69 S23.58'E 187.43
C7 396.02 5669.65 4'00'07' S22.27Y15E 395.94
C 395.81 5669.65 522 22'E 395.73
C6 352.32 5789.65 3.29'12" S22"40'55"E 35217
C8) 352.32 5789.65 S22°38'E 35217
C9 54.74 5679.65 0°33W S88.011191w 54.74
C9) 54.74 5679.65 S67.58W 54.74
LFIELDNOTES:
w^„C0^ UKAWING to ACCOMPANY HELDNOTE No.6524 SKETCH TO ACCOMPANY FIELD NOTES SHEET
JU °'=' Z00a
u PARKWAY 27.47 ACRES OF R.O.W. 6
I _OR: J GIRCI DB WOOD ROADgAH: J CURG ASN XABIG: Wl 1 )!)'1 60D1852` °'° '' °°'°
WILLIAMSON COUNTY, TEXAS PBSJ PLAT No.EF: R BOWEH
44071 7.00
AMENDMENT NO. 1
TO
EASEMENT NO. DACW63-2-01-0523
GEORGETOWN LAKE, TEXAS
This Amendment No. 1 to Easement No. DACW63-2-01-0523, made
and entered into by and -between the Secretary of the Army and
Williamson County, hereinafter referred to as grantee:
W I T N E S S E T H:
WHEREAS, on 27 February 2001, the Secretary of the Army
granted to Williamson County, the above -numbered easement for
26.0 acres of land for road or street expansion on Tracts 101,
102 and 104, Georgetown Lake, Texas, as more specifically
described in said easement; and
WHEREAS, the grantee has requested that the easement be
amended to change the grantee from Williamson County to the City
of Georgetown, and the Government is agreeable thereto.
NOW, THEREFORE, Easement No. DACW63-2-01-0523 is hereby
amended in the following respects only:
The grantee in the granting clause is changed from Williamson
County to the City of Georgetown.
That in Condition 3, the grantee is changed to City of
Georgetown, 300 Industrial Avenue, Georgetown, Texas 78626.
That Condition 21.a. remains as is. Williamson County will
remain responsible for monitoring the presence and mapping the
territories of golden-cheeked warblers in the area south of the
bridge through the 2007 survey season in accordance with the U.S.
Fish and Wildlife Service biological opinion dated 21 Aug 2000,
No. 2-15-98-F-1230.
That Condition 21.b. is deleted because construction is
complete.
That Condition 21.c. is changed to read "This project has
been coordinated with the State Historical and Preservation
Officer (SHPO). Care will be exercised to avoid sites 41 WM 51
and 41 WM 52 with any work that may result in ground disturbance.
If disturbance of these sites is likely to result from any
activities, coordination with the Georgetown Lake Office, Fort
Worth Operations Division Archeologist and SHPO will be
required."
property owners and their clientele. This right will be
transferable with the easement if operation of the road is
subsequently assumed by another entity.
b) In other areas where the easement is separated
from privately -owned property by government-owned property
outside the easement area, the Corps of Engineers reserves the
right to restrict access by adjacent non -Government property
owners. Corps property between the easement and adjacent
property will be managed as natural buffer and wildlife habitat
areas.
c) This easement is granted for roadway purposes
only. Placement of any utilities, pole, lines, pipelines or
similar appurtenances within the easement area will not be
authorized. Requests for such facilities within the easement
area will be considered separately. Signs that are not necessary
for the operation of the roadway will not be permitted, and the
Grantee will be responsible for restricting the public from
posting signs of any type. The grantee shall have non-exclusive
use of the easement and the Government retains the right to
permit utility easements to be placed within the existing
easement, as well as to place signs within the easement, provided
that any future easements and signs will not, in the opinion of
the District Engineer, interfere with the use of the premises by
the Grantee.
That a new Environmental Baseline Survey is added as Exhibit
C-1.
That a GIS map showing the location of the existing easement
is attached as Exhibit A-1.
EXCEPT for the revisions above, the terms and conditions of
the easement shall remain unchanged and in full force and effect.
That
CERTIFICATE
I, , certify that I am the
f Williamson County, named as Grantee herein.
who signed this Amendment No.l on
behalf of the Grantee was then of Williamson
County and said Amendment NO. 1 was duly signed for on behalf of
Williamson County by authority of the governing body and is
within the scope of its legal powers.
Date
NOTE: Someone other than the individual who executes the
amendment must complete this certificate.
I,
CERTIFICATE
certify that I am the
of the City of Georgetown, named as Grantee '
herein. That who signed this Amendment
No.l on behalf of the Grantee was then of the
City of Georgetown and said Amendment NO. 1 was duly signed for
on behalf of the City of Georgetown by authority of the governing
body and is within the scope of its legal powers.
Date
NOTE: Someone other than the individual who executes the
amendment must complete this certificate.
ENVIRONMENTAL BASELINE SURVEY
GENERAL: Operations Division responsibilities for complying with CERCLA are satisfied by completing
an Environmental Baseline Survey (EBS) (formerly the PAS/PEE) consisting of a review of available
records and interviews with persons of agencies who may have knowledge of the past history of the
property in question to determine if hazardous substances were released (vented or spilled), stored, or
disposed of on the property in threshold quantities. Note: If any finding(s) are answered "Yes", describe
details on a separate page and attach to this EBS.
Records Review
Records Finding Agency Finding
Review No Yes Date InterviewNo Yes Date
Master Plan (X) ( ) 01 Jul 2005 Aerial Photos (X) ( ) 01 Jul 2005
OMP (X) ( ) 01 Jul 2005 ERGO Reports (X) ( ) 01 Jul 2005
Permanent Files (X) ( ) 01 Jul 2005
On-site Review
Finding
No Yes NIA Provision
X) ( ) 1) Is there any evidence of past or present treatment, storage,
spillage, or disposal of hazardous substances in the action area?
JQ 2) Is there any lead-based paint on any of the structures?
Visually inspect existing buildings, if any, for lead based paint
LBP) usually, paint walls earlier than 1978.)
3) Is there any evidence of polychlorinated biphenols (PCB) contamination?
Visually inspect boundaries and interior of the land area for presence of leaking
electrical transformers, and other potential sources of PCB's.
4) Are there any asbestos -containing materials in the area?
Visually inspect existing buildings, if any, for asbestos -containing
materials). A 4" asbestos cement waterline, which formerly served the
Georgetown Lake Office, was removed from the easement area during
construction and still lies in place on the north northwest and south southeast
sides of the easement area between Roads Stations 85 and 95.
A ( ) 5) Are there USTs on the property?
A ( ) 6) Are there above ground storage tanks on the property?
Exhibit C-1 (1 of 2)
ENVIRONMENTAL BASELINE SURVEY
Cont.)
Statement of Condition:
X] a. According to the information above, no hazardous substances were identified as released,
stored, or disposed on the property in threshold quantities.
b. The above information indicates hazardous substances were released, stored, or disposed of
on the property in threshold quantities.
1) The site has been tested and no contaminants were found in detectable levels. The property is
considered safe for the proposed use.
2) The site has been tested and contaminants were found in detectable levels. Remedial action
has been taken and the property is considered safe for the proposed use.
3) The site has been tested and contaminants were found in detectable levels. Remedial action
has not been taken. Details and justification for outgranting in the current condition are attached.
4) The site has been tested and contaminants were found in detectable levels. Remedial action
has not been taken. Therefore, Non-availability is recommended. Therefore, Non-availability is
recommended.
5) The site has not been tested.
Statements and/or Conditions:
Either a or b1 -b5)
Reserved for District Office
concur [ nonc cur[ )Condition:
Statement and/or Conditions)
Signature: Position: .2c? JH
Natural a Manager)
Exhibit C-1 (2 of 2)
MINIMUM SEEDING RATES FOR DISTURBED AREAS
Common Name Variety Lbs. Pure Live Seed/Acre
Little Bluestem Native Texas 6.0
Indian grass Lometa 1.5
Buffalo grass Top Gun 5.3
Sideoats Grama Haskell 3.6
Switchgrass' Alamo 0.6
Big Bluestem Kaw 1.5
Sand Lovegrass Mason 3.6
Texas Bluebonnet 35.0 bulk seed)
Firewheel 10.0 bulk seed)
Showy (Pink Evening) Primrose 1.0 bulk seed)
Verbena 2.0 bulk seed)
Texas Paintbrush 0.25 (bulk seed)
Standing Cypress 6.0 bulk seed)
Lemon Mint 3.0 bulk seed)
Mealy Sage 8.0 bulk seed)
Gay Feather 10.0 bulk seed)
Clasping Coneflower 3.0 bulk seed)
Engelmann Daisy 5.0 bulk seed)
Narrow -leafed Coneflower 10.0 bulk seed)
Purple Prairie Clover 8.0 bulk seed)
Notes
1. Minimum grass planting rates are given for hydro mulch, drill, or broadcast with mulch seeding
techniques. If straight broadcast technique is used, double the rates. Optimum planting dates for
native grass species are February 1 - May 15.
2. `Use in areas subject to inundation or periodic flooding. Do not use where fire or deer will be a
hazard.
3. If soil cover is needed, use wheat or oats and wheat combination at the rate of 60 lbs. per
acre. Optimum planting dates for cool season annuals is September 1 - November 30.
4. Flower seeding rates are for single species. For mixtures of flower seed sum the rates for
each species included and divide by the number of species in the mix to derive the total rate, then
apply the rate differences for each species as a percentage of the total mix. Optimum planting
dates for native flowers is October 1-15.
Exhibit G
City of Georgetown Water Treats
200-1
Legend
Tract Number
U. S. Government Property Line
Outgrants
Water Lines
ems..
nt DACW63-2-01-0523 from
201 '
to the City of Georgetown
tenance of a public roadway.
m
ement.
x
retains responsibility to conduct
rbler surveys and complete
a
105-1.
I-
1
Council Meeting Date: September 27, 2005 Item No. _
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from
Williamson County transferring ownership and maintenance of the Georgetown Innerloop East
SH 29 East to FM 97 1) from the County to the City.
ITEM SUMMARY:
On August 28, 2001, the Council approved an Interlocal Agreement (the "Agreement") with
Williamson County (the "County) for the design, construction and future maintenance of certain
segments of the Georgetown Innerloop Road system. The Agreement provided that the County
would be responsible for design and construction of the roads and upon completion, the City would
annex the roads and assume responsibility for maintenance thereof. Construction of the Innerloop
East (SH 29 East to FM 971) is complete and open to the public. The attached Quitclaim Deed
transfers ownership of that segment of the Innerloop to the City.
ATTACHMENTS:
Quitclaim Deed conveying Innerloop East from County to City
Submitted City Manager for Utility Operations
QUITCLAIM DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: /5 2005
Grantor: WILLIAMSON COUNTY
Grantor's Mailing Address (including county):
WILLIAMSON COUNTY
C/O JOHN DOERFLER
COUNTY JUDGE
WILLIAMSON COUNTY COURTHOUSE
GEORGETOWN, TEXAS 78626
WILLIAMSON COUNTY
Grantee: CITY OF GEORGETOWN
Grantee's Mailing Address (including county):
CITY OF GEORGETOWN
C/O PAUL E. BRANDENBURG
CITY MANAGER
113 E. 8r" STREET
GEORGETOWN, TEXAS 78626
WILLIAMSON COUNTY
Consideration: TEN AND NO/ 100 DOLLARS and other good and valuable cosideration.
Property (including any improvements):
Described by Exhibit "A - E" attached hereto and made a part hereof for all purposes.
TRACT 1 (Exhibit A):
Being a 0.74 of an acre tract of land, situated n the Antonio Flores Survey, Abstract No. 235,
in Williamson County, Texas, said land being a portion of that certain Tract 4, called 2.50 acres, as
conveyed to Southwestern University by deed recorded in Document No. 2000068095 of the Official
Records of Williamson County, Texas.
Iu PPDe tW% OMWWORIDOXIO Ivi v ICOrM 'i Vgy VE LIWWI8Nti2WPU&
TRACT 2 (Exhibit B):
Being a 12.03 acre tract of land, situated in the Antonio Flores Survey, Abstract No. 235,
Williamson County, Texas, said land being a portion of that certain tract of land, called 258.657
acres, as conveyed to New America, Ltd., recorded in Document No. 9839081 of the Official
Records of Williamson County, Texas.
TRACT 3 (Exhibit C):
Being a 12.73 acre tract of land, situated in the Antonio Flores Survey, Abstract No. 235,
Williamson County, Texas, said land being a portion of that certain Tract One, called 110.09 acres,
as conveyed to Carolyn B. Sharkey and Sara Elizabeth Sharkey by deed recorded in Volume 2239,
Page 95 of the Official Records of Williamson County, Texas
TRACT 4 (Exhibit D):
Being a 4.76 acre tract of land, situated in the Antonio Flores Survey, Abstract No. 235,
Williamson County, Texas, said land being a portion of that certain tract of land, called 88.82 acres,
as conveyed to Leon Perriaz and wife, Mattie F. Perriaz, by deed as recorded in Volume 452, Page
397, of the Deed Records of Williamson County, Texas.
TRACT 5 (Exhibit E):
Being a 21.08 acre tract of land situated in the John Berry Survey, Abstract No. 51, in
Williamson County, Texas, said land being a portion of that certain tract of land, called 57.75 acres,
as conveyed to Williamson County by deed recorded as Document No. 2002013670 of the Official
Records of Williamson County, Texas.
For the consideration recited herein and other good and valuable consideration, the receipt of which
is hereby acknowledged, Grantor quitclaims to Grantee all of Grantor's right, title, and interest in
and to the property, to have and to hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns shall have, claim, or demand any right or title to the property or any part of
it.
When the context requires, singular nouns and pronouns include the plural.
2
EXECUTED this the 4 j day of 2005.
GRA OR:
WILLIAMSON COUNTY, TEXAS
By: c• 8.isv,s
Jo Doerfler, Co ty Judge
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the 145 day of 2005, by
John Doerfler, County Judge of Williamson County, on behalf of said county. lJ
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Not Publi State of Texas
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
P• JANE E.TABLEHICU
y ZQ Notary Public, State of Texas
My Commission Expires
April 29, 2006
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Not Publi State of Texas
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
EXHIBIT
All
LEGAL DESCRIPTION FOR W- LIAMSON COUNTY, TEXAS
SOUTHWE,4TERN
ON
TRACT
BEING 0.74 of an acre of land, situated in the William Addision Survey Abstract No. 21, in
Williamson County, Texas, said land being a portion of that certain Tract 4, called 2.50 acres, as
conveyed to Southwestern University by deed recorded as Document No. 2000068095 of the
Official Records of Williamson County, Texas. Surveyed on the ground in the month of January,
2001 under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being
more particularly described as follows;
BEGINNING at an iron pin found on the north line of State Highway No. 29, marking the
Southeast corner of the above -referenced Southwestern University Tract 4, being a southwesterly
corner of that certain tract of land, called 258.657 acres, as conveyed to New America, Ltd., of
record as Document No. 9839081 of the Official Records of Williamson County, Texas, for the
Southeast comer hereof;
THENCE, along the said north line of State Highway No. 29, being the south line of the said
Southwestern University Tract 4, S 75° 41' W, 53.93 feet to an iron pin set for the Southwest
comer hereof;
THENCE, N 130 01' 45" E,115.03 feet to an iron pin set and N 130 06' 45" W, 202.02 feet to an
iron pin set on the north line of the said Southwestern University Tract, 4, being a southerly line
Of the said 258.657 acre New America, Ltd. tract, for the Northwest corner hereof;
THENCE, N 750 29' 45" E, 166.94 feet to an iron pin found marking the Northeast comer of the
said Southwestern University. Tract 4, being an interior corner of the said 258.657 acre New
America, Ltd. tiact, for the Northeast comer hereof,
THENCE, along the east line of the said Southwestern University Tract 4, being a westerly line
of the said 258.657 acre New America, Ltd. tract; S 10 31' 15" W. 96.63 feet to an iron pin found
and S 190 51' 00" W, 255.90 feet to the Place of BEGINNING and containing 0.74 of an acre ofland.
STATE OF TEXAS
COUNTY OF WILLTAMSON 1
KNOW ALL MEN BY THESE PRESENTS:
LEGAL DESCRIPTION FOR WILUAMSON COUNTY, TEXAS
NEW AMERICA, LTD. TRACT
BEING 12.03 acres of land, situated in the William Addison Survey, Abstract No. 21, in
Williamson County, Texas, said land being a portion of that certain tract of land, called 258.657
acres, as conveyed to New America, Ltd., of record as Document No. 9839081 of the Official
Records of Williamson County, Texas. Surveyed on the ground in the month of January, 2001
under the supervision of Don H. Bizzell, Registered Professional Iand Surveyor, and being more
particularly described as follows;
BEGINNING at an iron pin found on the north line of State Highway No. 29, marking a
southwesterly comer of the above -referenced 258.657 ape New America; Ltd. tract, being the
Southeast comer of that certain Trap 4, called 250 apes, as conveyed to Southwestern
University by deed recorded as Document No. 2000068095 of the Official Records of
Williamson County, Texas, for the most southerly Southwest corner bereof
THENCE, along a westerly line of the said 258.657 ape New America, Ltd trap, being the east
lime of the said Southwestern University Tract 4, N 19' 51' 00" E, 255.90 feet to an iron pin
found and N 1' 31' 15" E, 96.63 feet to an iron pin found marking an interior comer of the said
258.657 acre New America, Ltd tract, being the Northeast comer of the said Southwestern
University Tract 4, for an interior comer hereof;
THENCI , along a southerly line of the said 258.657 New America, Ltd tract, being the north
line of the said Southwestem UniversityTract 4, S 75' 29'45" W, 166.94 feet to an iron pin set
for the most northerly Southwest comer hereof,
THENCE, N 13' 06' 45" W, 167.20 feet to an iron pin set at the beginning of a crave to the
right, (Radius = 2500.00 feet, Long Chord bears N 5' 58' 45" W, 654.35 fat);
Thence, along the said curve for an arc distance of 656.23 feet to an iron pir-set;
Thence, N 1' 32' 15" E, 418.85 feet to an iron pin set at the beginning of a curve to the
left, (Radius =1100.00 feet, Long Chord bears N 4' 04'45" W, 215.36 feet);
Thence, along the said curve for an arc distance of 215.70 feet to an iron pin set;
Thence, N 9' 41' 45" W, 562.18 feet to an iron pin set at the beginning of a curve to the
right. (Radius = 677.27 feet, Long Chord bears N 3' 02' 30" E, 328.18 feet);
Thence, along the said curve for an arc distance of 331A8 feet to an iron pin set at the
beginning of a awe to the right (Radius = 1100.00 feet, Long Chord bears
N 14' 06' 30" E, 113.71 feet);
Thence, along the said awe for an arc distance of 113.76 feet to an iron pin set on the
Northeast line of the said 258.657 acre New America, Ltd. tract, being the Southwest line
of that certain Trap One, called 110.09 acres, as conveyed to Carolyn B. Sharkey and
Sara Elizabeth Sharkey by deed as recorded in Volume 2239, Page 95, of the Official
Records of Williamson County, Texas, for the most northerly comer hereof;
THENCE, along the said Northeast line of the 258.657 acre New America, 11d. tract, being theSouthwestlineofthesaidSharkeyTractOne, S 21' 27' 15" E, 413.71 feet to an iron pin found
and S 35' 38' 15" E, 22458 feet to an iron pin set for the Northeast comer hereof;
THENCE, S 1' 32' 30" W, 1,063.89 feet to an iron pin set at the begiming of a curve to the left,
Radius - 2300.00 feet, Long Chord bears S 5' 47' 30" E, 586.92 feet);
Thence, along the said curve for an arc distance of 58852 feet to an iron pin set;
Thence, S 13' 07' 15" E, 383.16 feet to an ion pin set and S 39' 42' 45" E, 110.40 feet
to an uou pin-sel ou ft said north lite of'State Highway No. 29, being the -south -line of.
the said 258.657 acre New America, Ltd. tract, for the Southeast comer hereof;
THENCE, along the said north line of State Highway No. 29, 9 75' 29' 45" W, 246.26 feet to the
Place of BEGINNING and containing 12.03 acres of land.
STATE OF TEXAS }
KNOW AIL MEN BY THESE PRESENTS:
COUNTY OF wullAmSON }
1, Don H. Bizzell, Registered Professional Iand Surveyor, do hereby certify that this survey was
made on the ground of the property legally described hereon and is correct, and that there are no
apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in
place, except as shown on the accompanying plat, and that said property has access to and from a
dedicated roadway, to the best of my knowledge and belief.
To certify whi h, witness my hand seal at Georgetown, Williamson County, Texas, this the
J day of i 2002, A.D.
1
Don M Bizzell
Registezcd Professional urveyoy No. 2218
State of Texas
Page 2 of 2
19558 -1d -new america tract.doc
7
Bizzell Engineering, Inc. Ineen Surveyors
14I89WEIANH AVpnyp
Gegealcxn T,qf ne26 T+Fo Ae 16
FbeNlc 0t614=141930A119
LEGAL DE5CRIPIT0N FOR WILLIAM3ON CobWff, 7ExM
SHARIO?Y TRACT" .
BEING 12.73 acres of Iand, altualcd in the Antonio Flores Sar.cy, Abstract No. 235, in William,,,
County, Twat, 3a7d taad being a portion of that certain Tract One, culled 110.09 sena n maveyod 10
Citolyn D. Sharkey and San El =bath Sbartcy by dad is recorded la Volame 2239, rage 95, of lho
Official Records of Williamson County, T"w, Sarveyed oa the groand Ia the month of January, 2001
ander the eop"vidon of Don IL'Bimell, Rogatamd Professional land Susvcyw, and being mote
particularly described as follows;
BEGIN1i1N0 at a point i, the cater of the San 026&1 River, W-9 the ,oflb lino of the abovc-
1cferonced Sharkey Tied One. being lbe south line of that Certain Trad 1, caned 7719 acro, as
mtrveyed no Nathan Swtt Robius,and rife, fnada A. Robins, b7 deed m cawrded in Volamc 2021, page
SOI, of the Official Rocmda of Willl111325011 County, Twat, for the Nonlrwet corner here*t said point
being N 7t' 19' Fa 819.67 fed hon thcNordswest cora" of fire said Shwteey Traci One,
TDENM downsheam, along the Center of the San Gabdol River, being the said north line of the
Sharkey Tract One, N 78° 19' 1s, 40.59 fed to a point for the Southeast corner of the said Robins Tract 1,
being the Southwest oosncr of that certain tinct of land, exlkd 57.75 acre, as descOrod is an
Jadepeodent Executor freed to blinnie to redrvtti of record as Docvmeot No.199974505 of the Oficial
Rewrdt of Wdliamson C Mty Twat, and cordMving 211009 the south line of the said 57.75 sen Pedrotd
tract, N 7721 22' 15" E, 227.45 fat to a point for theNm1h," comer hcreot
THENCE, 3 Is 18' 15" W, 204-5$ feet to an iron pin set at the beginning of a curve to the right,
Radius a 1000.00 feel, Long Chord bean S $' 20' 15" W. 24493 fact"
Thtnco, along the old carve for an arc dunnte of 24554 fat to an iron pin W at the beginning
of a anvo to the kR, (Radices= 7000.00 fat, long Chord bears S 9" 13' 30" W, 214.17 feet);
Thcom, along the said carve for an are dbtAnce o[214.58 feet in so iron pin set;
Thence, S 1.42' 30" W, L, 10 feet 0o an bon pin set at the beginning of a curve to the left,
Radius— 1657.70 feet, Ism$ Chord bears 5 5' 09'4S" F 297.63 feet);
Thence, along the said curve for as are Cataow of 298.03 feet to an iron pia set al the beginning
of a curve to the sight, (Ram= 1100,00 feet, long Chord beats S 4.31' 00" E, 222.12 feet]
Thence, along the said nave for an are dhtanco of 22256 feet to an inn pin $a.
Thence, 5 I. 16' 45" W, 213J I foot 10 an iron pia ort on the Southwest line of the said Sharkey.
Tract One, being the Northeut HW of that Militia had of land, called 258.657 Rats, as
conveyed to New Anew, Led., by dad recorded is Dociws;w No. 98390$1 of the Official
Records of Wittlamaon Cooney, Tom, for the most soutlictly corner bereoF,
THENCE, 111°°9 the SW Ibwat lint of the said Sharkey That One, being the Northcs:t 1(a of the said
258.657 sec New America, [td. tract. N 35. 38" 15' W, 224.51 feet to an iron pin found and
N 21.27' 15" W. 413.71 fed to an non pin set for the Sovtimest comer IeereoF
THENCE, along cave to the 14 (Radio a 1100.00 ft -t Long Chord hems N 6.42' 00" E, 17051
feet) an are distance of 170.68 fret to an from pia set and N 2' IS' 30" F. 1,85555 feet to the Plaeo of
DEGn4NWO and containing 12.73 acct of land.
STATBOFTEW }
KNOW ALL M)BN BY T'HSSS?REMUS:
COUNTY OF WiCLIADdSON 1
t Dom IL 13i=4 RegWeted Rofmsioaal Land Surveyor, do hereby certify that tti3 savoy was made on
the kh'"M of the property'egad) dump d hereon and it correct and that thcic 4m an apparentdiavcpaades, —Wets. overlapping of improniscam, vWbla oa7ity &nes or roads iu Placa, rxrrpt as
4h0wa OR Ibe sm"VInylag plat, and that said propcsty ha: 2=" to and from a dedtnted roadway, tothebblofmykwwlcdgeandbAcL
To ?75 ic, w'bKn myhaYand seal at Otorgdowa, Williamson Cq"nty, Twat, this theday °C 2WI, A.D.
n
State of Tata:
19558-Id-slur:«y u"cl.doc
LEGAL DESCRIPTION FOR WILLIAMSON COUNTY, TEXAS
PERRIRAZ TRACT
BEING 4.76 acres of land, situated in the John Berry Survey, Abstract No. 51, in Williamson
County, Texas, said land being a portion of that certain tract of land, called 88.82 acres, as
conveyed to Leon Perriraz and wife, Mattie F. Perriraz, by deed as recorded in Volume 452, Page
397, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of
January, 2001 under the supervision of Don H. Bizzell, Registered Professional Land Surveyor,
and being more particularly described as follows;
BEGINNING at an iron pin set on the south line of the above -referenced 88.82 acre Perriraz
tract, being the north line of the Georgetown Railroad, for the most southerly Southwest corner
hereof; said point being N 56° 24' 45" E, 442.32 feet from a concrete monument marking the
Southwest corner of the said 88.82 acre Perriraz tract;
THENCE, N 330 13' 15" W, 347.68 feet to an iron pin set at the beginning of a curve to the left,
Radius = 914.40 feet, Long Chord bears N 54° 18' 30" W, 658.03 feet);
Thence, along the said curve for an arc distance of 673.13 feet to an iron pin set on the
west line of the said 88.82 acre Perriraz tract, being the east line of the Georgetown Inner
Loop as shown on the plat of Katy School Subdivision, a subdivision of record in Cabinet
S, Slide 304, of the Plat Records of Williamson County, Texas, for the most westerly
Southwest corner hereof;
THENCE, along the said west line of the 88.82 acre Perriraz tract, N 21° 07' 15" W, at 69.60
feet, more or less, pass the most easterly comer of the Georgetown Inner Loop, being the
Southeast comer of Lot 2 of the said Katy School Subdivision, and continuing along the east line
of the said Lot 2, for a total distance of 213.31 feet, in all, to an iron pin set for the Northwest
comer hereof,
THENCE, along a curve to the right, (Radius = 1,094.68 feet, Long Chord bears S 570 34' 30" E,
902.88 feet);
Thence, along the said curve for an arc distance of 930.66 feet to an iron pin set;
Thence, S 33° 13' 15" E, 346.53 feet to an iron pin set on the said south line of the 88.82
acre Perriraz tract, being the north line of the said Georgetown Railroad, for the Southeast
corner hereof,
THENCE, along the said north line of the Georgetown Railroad, S 56° 24' 45" W, 180.30 feet to
the Place of BEGINNING and containing 4.76 acres of land.
STATE OF TEXAS j
COUNTY OF Wly
I, Don H. B; -
made one
appare- 00
pl tnrn
rt:
S0
LOT 2
11
I bd :.r oo`
YY
N
p
LOT 1 1 G
r
SCALE: 1" = 200' j
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON i
I, Don H. Bizzell Registered Professional Land Surveyor, do hereby certify that
the plat shown hereon accurately represents the property as described by an
on—the—ground survey mode under my direction and supervision during the month
of January, 2001, of the properly legally described hereon and is correct, and there
are no apparent discrepancies, conflicts, shortages in area, boundary line
conflicts, encroachments, overlapping of improvements, visible utility lines or roads
in place, except as shown hereon, and said property hos access to and from
a dedicated roadway, except as shown hereon.
TO CERTIFY WHICH, WITNESS my hand on eel at Georgetown, Williams
County, Texas, this the do o1—,2002 A.D. OF
U
DON FI. BizZELL
Don H. Biz 9 22T$ P;Q
Registered Professional L urveyor, No. 2218 'y OFES StO IQ
State of Texas n••• ••.« 14
1 42'10'41" '
R + 914.40'
T 352.63'
L 673.13'
CL + 656.03'
CH + N54'18'30"w
Revised tr
owe
FLOOD STATEMENT: I HAVE EXAMINED THE FEDERAL IN'3HKICNCE
ADMINISTRATION'S FLOOD MAP FOR WILLIAMSON COUNTY, TEXAS,
COMMUNITY No. 48491 EFFECTIVE DATE OF SEPT. 27, 1991
AND THAT THIS PROPERTY IS WITHIN ZONE AE (SPECIAL FLOOD
HAZARD AREA) AS SHOWN ON PANEL CO230C OF SAID MAP.
WARNING: IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL
FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY
THAT THE PROPERTY AND/OR STRUCTURES THEREON WILL BE
FREE FROM FLOODING OR FLOOD DAMAGE, ON RARE OCCASIONS,
GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY
BE INCREASED BY MAN—MADE OR NATURAL CAUSES. THIS FLOOD
STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE
SURVEYOR,
I 48'42'38•
R + 1094.68'
T - 495.54'
L + 930.66'
CL + 902.88'
CH + S5734'30'E
LEGEND
IRON PIN FOUND
O — IRON PIN SET
y P.U.E. — PUBLIC UTILITY EASEMENT
8'
cj 6.48 Acres
REMAINDER
E01 I'Ef'RIRL- Ond aIle
M1 JIIE F. PERPIR,-
452;'59; i
STD. MONUMENT SET s e
Y(N)-10.213,978.7118 c ;e
x(E)-3,141,264.0354
N 56
Ck7 cm o
GEORGETOWN RI y C cV
y
Revised tr
owe
FLOOD STATEMENT: I HAVE EXAMINED THE FEDERAL IN'3HKICNCE
ADMINISTRATION'S FLOOD MAP FOR WILLIAMSON COUNTY, TEXAS,
COMMUNITY No. 48491 EFFECTIVE DATE OF SEPT. 27, 1991
AND THAT THIS PROPERTY IS WITHIN ZONE AE (SPECIAL FLOOD
HAZARD AREA) AS SHOWN ON PANEL CO230C OF SAID MAP.
WARNING: IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL
FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY
THAT THE PROPERTY AND/OR STRUCTURES THEREON WILL BE
FREE FROM FLOODING OR FLOOD DAMAGE, ON RARE OCCASIONS,
GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY
BE INCREASED BY MAN—MADE OR NATURAL CAUSES. THIS FLOOD
STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE
SURVEYOR,
I 48'42'38•
R + 1094.68'
T - 495.54'
L + 930.66'
CL + 902.88'
CH + S5734'30'E
LEGEND
IRON PIN FOUND
O — IRON PIN SET
y P.U.E. — PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION FOR THE CITY OF GEORGETOWN PUY-of
BEING 21.08 acres of land, situated in the John Berry Survey, Abstract No. 51, in Williamson County,
Texas, said land being a portion of that certain tract of land, called 57.75 acres, as conveyed to
Williamson County by deed recorded as Document No. 2002013670 of the Official Records of
Williamson County, Texas. Surveyed on the ground in the month of July, 2002 under the supervision of
Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as
follows;
BEGINNING at a point in the center of San Gabriel River, on, or near, the west line of the John Berry
Survey, Abstract No. 51, and the east line of the Antonio Flores Survey, Abstract 235, being on the north
line of that certain tract of land, called 12.73 acres, as conveyed to Williamson County by deed recorded
as Document No. 2002076814 of the Official Records of Williamson County, Texas, being the
Southwest corner of the above -referenced 57.75 acre Williamson County tract and the Southeast corner
of that certain tract of land, called 77.29 acres, as conveyed to Scott Robins and wife, Linda Robins,
Jerry D. Robins and wife, Barbara D. Robins, and River Oaks Trust Company, Trustee for Baker, Brown,
Sharman and Parker, FBO D. Robins Trust of record in Volume 2307, Page 495, of the Official Records
of Williamson County, Texas, for the Southwest corner hereof,
THENCE, along, or near, the said west line of the John Berry Survey, Abstract No. 51, and the east line
of the Antonio Flores Survey, Abstract No. 235, being the west line of the said 57.75 acre Williamson
County tract and the east line of the said 77.29 acre Robins tract, as follows; N 13' 19' 30" W, 214.15
feet to an iron pin set; N 11' 54' W, 18.13 feet to a pipe found and N 16' 40' 30" W, 15.18 feet to an iron
pin set for a westerly corner hereof;
THENCE, N 2° 07' 30" E, 620.64 feet to an iron pin set at the beginning of a curve to the left, .
Radius = 2392.42 feet, Long Chord bears N 8° 32' 45" W, 885.96 feet);
Thence, along the said curve for an arc distance of 891.10 feet to an iron pin set;
Thence, N 19° 13' W, 718.38 feet to an iron pin set at the beginning of a curve to the left,
Radius = 2924.61 feet, Long Chord bears N 261 12' 30" W, 712.24 feet);
Thence, along the said curve for an arc distance of 714.02 feet, in all, to an iron pin set on the
north line of the said 57.75 acre Williamson County tract, being the south line of the Georgetown
Railroad Company Right -of -Way, as described in a Quitclaim Deed of record in Volume 2267,
Page 954, of the Official Records of Williamson County, Texas, for the Northwest comer hereof;
THENCE, along the said north line of the 57.75 acre Williamson County tract and the south line of the
said Georgetown Railroad Company Right -of -Way, N 561 25' E, 285.15 feet to an iron pin set for the
Northeast corner hereof,
THENCE, along a curve to the right, (Radius = 3209.75 feet, Long Chord bears S 26° 13' 45" E, 783.57
feet), an arc distance of 785.53 feet to an iron pin set;
Thence, S 19' 13' E, 718.38 feet to an iron pin set at the beginning of a curve to the right,
Radius = 2677.56 feet, Long Chord bears S 8° 32' 45" E, 991.55 feet);
Thence, along the said
Thence, S 2' 07' 30'j'
the south line of r
acre Williams
THENCE, upstr
226.23 feet to'
STATE'
Colo 0N
Council Meeting Date: September 27, 2005 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from
Williamson County transferring ownership and maintenance of CR 265 from Williamson County
to the City.
ITEM SUMMARY:
As part of the current widening of SH 29 West, the Council agreed to abandon the eastern portion of
CR 265 from the proposed CR 265E to IH -35. The County agreed to convey the entire length of CR
265 to the City to facilitate the abandonment. The attached Quitclaim Deed transfers the entire
length of CR 265 from the County to the City. The subject abandonment will take place by the time
the SH 29 widening project is complete.
ATTACHMENTS:
Quitclaim Deed conveying CR 265 from County to City
Submitted By: City Manager for Utility Operations
QUITCLAIM DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: 17 , 2005
Grantor: WILLIAMSON COUNTY
Grantor's Mailing Address (including county):
WILLIAMSON COUNTY
C/O JOHN DOERFLER
COUNTY JUDGE
WILLIAMSON COUNTY COURTHOUSE
GEORGETOWN, TEXAS 78626
WILLIAMSON COUNTY
Grantee: CITY OF GEORGETOWN
Grantee's Mailing Address (including county):
CITY OF GEORGETOWN
C/O PAUL E. BRANDENBURG
CITY MANAGER
113 E. 8TH STREET
GEORGETOWN, TEXAS 78626
WILLIAMSON COUNTY
Consideration: TEN AND NO/ 100 DOLLARS and other good and valuable cosideration.
Property (including any improvements):
5.252 acre tract of land situated in the CLEMENT STUBBLEFIELD SURVEY,
ABSTRACT NO.558, and the JOSEPH P. PULSIFER SURVEY, ABSTRACT NO.
498, in Williamson County, Texas, being that same tract of land known as County
Road No. 265 as currently monumented and used upon the ground. Said 5.252 acre
tract of land being more particularly described by metes and bounds in Exhibit "A"
attached hereto for all purposes.
6 PFD WVtDDMMVORID(1JU0/WDD%/WAKDB MCR 65, M"635.WPIX&
For the consideration recited herein and other good and valuable consideration, the receipt
of which is hereby acknowledged, Grantor quitclaims to Grantee all of Grantor's right, title, and
interest in and to the property, to have and to hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns shall have, claim, or demand any right or title to the property
or any part of it.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED this the —LL day of 2005.
GRANTOR:
WILLIAMSON COUNTY, TEXAS
By: e
Joll Doerfler, Countyudge
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the 11 day of— 2005, by
John Doerfler, County Judge of Williamson County, on behalf of said county.
JANE E.TABLENOU
Notary Public, State of Texas C
My Commission Expires Co
April 29, 2006 Not ublic—State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
AFTER RECORDING RETURN TO:
309 E. Main St.
Round Rock, Texas 78664
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: WILLIAMSON COUNTY
EXHIBIT
I
a "Au
EXHIBIT_
PROPERTY DESCRIPTION
DESCRIPTION OF A 5.252 ACRE TRACT OF LAND SITUATED IN
THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558,
AND THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498,
IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT
OF LAND KNOWN AS COUNTY ROAD NO. 265 AS CURRENTLY
MONUMENTED AND USED UPON THE GROUND. SAID 5.252
ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Page 1 of 8
BEGINNING at an 1/2" iron rod found in the northerly right-of-way line of County Road No. 265
right-of-way width varies), same being in the northerly right-of-way line of State Highway No. 29
right-of-way width varies), and being in the westerly right-of-way line of Interstate Highway No. 35
right-of-way width varies), said 1/2" iron rod found being the most southeasterly corner of that
called 202.149 acre tract of land, "Tract 1", conveyed to Jay L. Wolf by instrument recorded in
Volume 1997, Page 953 of the Official Records of Williamson County, Texas, being the most
easterly corner hereof, from which a Concrete Monument found being an angle point in the
westerly right-of-way line of said Interstate Highway No. 35 bears N 55°25'47" E a distance of
113.44 feet;
1) THENCE departing the westerly right-of-way line of said Interstate Highway No. 35, along the
northerly right-of-way line of said State Highway No. 29, S 88°27'55" W for a distance of
219.18 feet to a TxDOT Type -II Monument found being in the southerly right-of-way line of
said County Road No. 265, also being the easterly corner of that 1.89 acre tract of land
conveyed to Iva Wolf McLachlan, et al, by instrument recorded as Document No. 2003124147
of the Official Public Records of Williamson County, Texas, for an angle point in the southerly
line hereof;
2) THENCE, departing the northerly right-of-way line of said State Highway No. 29, with the
northerly boundary line of said 1.89 acre tract, N 73°18'31" W for a distance of 321.83 feet to
a 1/2" iron rod found being an angle point in the northerly boundary line of said 1.89 acre tract
for an angle point in the southerly line hereof;
3) THENCE, in part with the northerly boundary line of said 1.89 acre tract, the northerly
boundary line of that remainder of 1.78 acre tract of land conveyed to Judy Wolf Hindelang, et
al, by instrument recorded as Document No. 2003053281 of the Official Public Records of
Williamson County, Texas, the northerly boundary line of that 0.634 acre tract of land
conveyed to the City of Georgetown by instrument recorded as Document No. 2004068070 of
the Official Public Records of Williamson County, Texas, and the northerly boundary line of
that 1.31 acre tract of land conveyed to Simon Riverhills, L.P. by instrument recorded as
Document No. 2005003863 of the Official Public Records of Williamson County, Texas, N
65049'37" W, at approximately 142 feet exiting the City of Georgetown City Limits, passing at
274.54 feet a 1/2" iron rod found being the northwesterly corner of said 1.89 acre tract, and the
northeasterly corner of said remainder of 1.78 acre tract, passing at 445.37 feet a capped 1/2"
iron rod found being the northwest corner of said remainder of 1.78 acre tract, and the
PARCEL: 1 Page 2 of 8
COUNTY: WILLIAMSON
OWNER: WILLIAMSON COUNTY
northeasterly corner of said 0.634 acre tract, passing at 557.97 feet a capped 1/2" iron rod
found being the northwesterly comer of said 0.634 acre tract, and the northeasterly comer of
said 1.31 acre tract, in all a total distance of 578.38 feet to a calculated point being an angle
point in the northerly boundary line of said 1.31 acre tract and the northeasterly comer of that
remainder of a called 12.70 acre tract of land conveyed to the City of Georgetown by
instrument recorded in Volume 117, Page 173 of the Deed Records of Williamson County,
Texas, for an angle point in the southerly line hereof;
4) THENCE, with the northerly boundary line of said remainder of 12.70 acre tract, N 79059'57"
W for a distance of 875.00 feet to a calculated point being an angle point in the northerly
boundary line of said remainder of 12.70 acre tract, for an angle point in the southerly line
hereof;
5) THENCE, in part with the northerly boundary line of said remainder of 12.70 acre tract, and in
part with the northerly boundary line of that 2.54 acre tract of land, "Tract I", conveyed to
William M. Booth, dba Westinghouse Road Venture, by instrument recorded as Document No.
2002018646 of the Official Public Records of Williamson County, Texas, N 87°19'46" W, at
approximately 179 feet joining with the City of Georgetown City Limits line, passing at 178.88
feet a cedar fence post being the northwesterly comer of said remainder of 12.70 acre tract
and the northeasterly comer of said 2.54 acre tract, in all a total distance of 522.99 feet to a
capped 1/2" iron rod found being the northeasterly corner of that 0.892 acre tract of land
conveyed to the City of Georgetown by instrument recorded as Document No. 2004059727 of
the Official Public Records of Williamson County, Texas, for an angle point in the southerly line
hereof;
6) THENCE, with the northerly boundary line of said 0.892 acre tract and the northerly boundary
line of that remainder of 6.82 acre tract of land conveyed to Connell Cemetery by instrument
recorded in Volume 406, Page 196 of the Deed Records of Williamson County, Texas, N
88°19'17" W, passing at 86.97 feet a capped 1/2" iron rod found being the northwesterly
comer of said 0.892 acre tract and the northeasterly corner of said remainder of 6.82 acre
tract, in all a total distance 136.01 feet to a calculated point in the existing easterly right-of-way
line of County Road 265 West (CR265W) being the northwesterly comer of said remainder of
6.82 acre tract, for an angle point in the southerly line hereof;
7) THENCE, with the westerly boundary line of said remainder of 6.82 acre tract, and in part the
westerly boundary line of said 0.892 acre tract, same being the existing easterly right-of-way
line of CR265W, S 20°39'20" E, passing at 74.38 feet a capped 1/2" iron rod found being the
southwesterly comer of said remainder of 6.82 acre tract and an angle point in the westerly
boundary line of said 0.892 acre tract, in all a total distance of 199.71 feet to a calculated point
in the existing easterly right-of-way line of CR265W and the westerly boundary line of said
0.892 acre tract, for an angle point in the southerly line hereof;
THENCE, departing the westerly boundary line of said 0.892 acre tract, through the interior of said
existing right-of-way of CR265W with the proposed westerly right-of-way line of CR265W, the
following three (3) courses:
8) S 15'27'34" E for a distance of 115.55 feet to a calculated point being the beginning of
a curve to the right, for a point of curvature in the southerly line hereof;
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: WILLIAMSON COUNTY
Page 3 of 8
9) Along the arc of said curve 79.40 feet, having a radius of 347.00 feet, a central angle of
13006'34", and a chord which bears S 08054'16" E a distance of 79.22 feet to a
calculated point, for a point of tangency in the southerly line hereof;
10)S 02°20'59" E, at approximately 60 feet entering the City of Georgetown City Limits,
for a distance of 66.75 feet to a capped 1/2" iron rod found in the easterly boundary line
of Lot 2, Bonnett Subdivision as recorded in Cabinet Q, Slides 119-120 of the Plat
Records of Williamson County, Texas, same being the existing westerly right-of-way
line of CR265W, for an angle point in the southerly line hereof;
11) THENCE, in part with the easterly boundary line of said Lot 2 and the easterly boundary line of
Lot 1, Bonnett Subdivision as recorded in Cabinet Q, Slides 119-120 of the Plat Records of
Williamson County, Texas, same being the existing westerly right-of-way line of CR265W, N
20046'31" W, at approximately 7 feet joining with the City of Georgetown City Limits line,
passing at a distance of 260.00 feet a calculated point being the northeast comer of said Lot 2
and an angle point in the easterly boundary line of said Lot 1, from which a 1/2" iron rod found
bears S 66°45'17" E a distance of 0.43 feet, in all a total distance of 471.68 feet to a 1/2" iron
rod found in the existing westerly right-of-way line of CR265W, being the northeast comer of
said Lot 1 for an angle point in the southerly line here of;
12)THENCE, S 84°31'47" W for a distance of 691.49 feet to a 1/2" iron rod found, being an angle
point in the northerly boundary line of said Lot 1, for an angle point in the southerly line hereof;
13)THENCE, S 80°37'39" W for a distance of 139.45 feet to a calculated point, being an angle
V point in the northerly boundary line of said Lot 1, for an angle point in the southerly line hereof;
14) THENCE, in part with the northerly boundary line of said Lot 1, and the northerly boundary line
of that 0.057 acre portion of a called 19.089 acre tract of land conveyed to Norman Neal
Bonnett by instrument recorded as Document No. 1996044968 of the Official Public Records
of Williamson County, Texas, S 76°07'39" W, passing at a distance of 56.23 feet a 1/2" iron
rod found being the northeasterly corner of said 0.057 acre tract, passing at 106.26 feet a 1/2"
iron rod found being the northwesterly corner of said 0.057 acre tract, in all a total distance of
462.80 feet to a calculated point being the northwesterly comer of said Lot 1 and the
northeasterly comer of that portion of 7.418 acre tract of land conveyed to NSJS, L.P., byinstrumentrecordedasDocumentN. 1999084627 of the Official Public Records of
Williamson County, Texas, for an angle int in the southerly line hereof from which a 1/2" iron
rod found bears S 81 °03'31" W a distanc of 0.13 feet;
15)THENCE, with the northerly boundary lin of said portion of 7.418 acre tract, S 74°48'26" W,
at a distance of 64.28 feet passing 0. feet north of a 1/2" iron rod found, in all a total
distance of 601.27 feet to a calculated point in the easterly right-of-way line of River Chase
Boulevard (right-of-way width varies), and being the northwesterly comer of said portion of
7.418 acre tract, for the southwesterly comer hereof, from which a 1/2" iron rod found bears S
52042'09" E a distance of 0.51 feet;
16)THENCE, with the easterly right-of-way line of River Chase Boulevard, N 22°27'29" W for a
distance of 45.60 feet to a calculated point being the southwesterly corner of Lot 9, Block C,
River Chase Subdivision, as recorded in Cabinet Q, Slides 186-191 of the Plat Records of
r Williamson County, Texas, for the northwesterly corner hereof;
Council Meeting Date: September 27, 2005
Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Public Hearing to amend the existing Chapter 13.32 of the City of Georgetown Code of Ordinances, entitled
Water and Wastewater Impact Fees".
ITEM SUMMARY:
Chapter 395 of the Texas Local Government Code requires that the City's Impact Fee for Water and
Wastewater Service be reviewed at least every five (5) years. The Impact Fees were last reviewed in 2003, at which
time the City Council adopted a policy of review every three (3) years.
An Impact Fee Advisory Committee reviewed the current land use assumptions, capital improvement
plans, and fee calculation methodology used, by HDR Engineering and Camp, Dresser & McKee, Inc., for the fee
calculation. The Committee issued its Final Report entitled "2005 Update of Water and Wastewater Impact Fees City of
Georgetown, Texas" in August 2005.
The Impact Fee Advisory Committee has calculated the maximum fees allowable per service unit to be:
3,324 for water service, and $1,881 for wastewater service. The Committee has also calculated a maximum
allowable fee for wastewater service in the South San Gabriel basin to be $3,114. The Committee has recommended
the imposition of the lesser amount of $2,493 for water service, $1,881 for wastewater service for areas outside the
South San Gabriel basin, and $3,114 for wastewater service within the South San Gabriel basin.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Impact Fees for Water and Wastewater utilities will be used for Capital Improvement Projects only.
The South San Gabriel wastewater impact fee will be used for the establishment of wastewater service in the
South San Gabriel service area.
STAFF RECOMMENDATION:
Staff recommends the approval of the ordinance at the Impact Fee levels recommended by the Impact Fee
Advisory Committee.
GUS BOARD RECOMMENDATION:
N/A
COMMENTS:
NONE
ATTACHMENTS:
1. Copy of
Submitted By:
for
Micki Rundell,
Finance Director
PARCEL: 1 Page 3 of 8
COUNTY: WILLIAMSON
OWNER: WILLIAMSON COUNTY
9) Along the arc of said curve 79.40 feet, having a radius of 347.00 feet, a central angle of
13°06'34", and a chord which bears S 08°54'16" E a distance of 79.22 feet to a
calculated point, for a point of tangency in the southerly line hereof;
10) S 02°20'59" E, at approximately 60 feet entering the City of Georgetown City Limits,
for a distance of 66.75 feet to a capped 1/2" iron rod found in the easterly boundary line
of Lot 2, Bonnett Subdivision as recorded in Cabinet Q, Slides 119-120 of the Plat
Records of Williamson County, Texas, same being the existing westerly right-of-way
line of CR265W, for an angle point in the southerly line hereof;
11) THENCE, in part with the easterly boundary line of said Lot 2 and the easterly boundary line of
Lot 1, Bonnett Subdivision as recorded in Cabinet Q, Slides 119-120 of the Plat Records of
Williamson County, Texas, same being the existing westerly right-of-way line of CR265W, N
20°46'31" W, at approximately 7 feet joining with the City of Georgetown City Limits line,
passing at a distance of 260.00 feet a calculated point being the northeast corner of said Lot 2
and an angle point in the easterly boundary line of said Lot 1, from which a 1/2" iron rod found
bears S 66°45'17" E a distance of 0.43 feet, in all a total distance of 471.68 feet to a 1/2" iron
rod found in the existing westerly right-of-way line of CR265W, being the northeast comer of
said Lot 1 for an angle point in the southerly line here of;
12) THENCE, S 84°31'47" W for a distance of 691.49 feet to a 1/2" iron rod found, being an angle
point in the northerly boundary line of said Lot 1, for an angle point in the southerly line hereof;
13)THENCE, S 80°37'39" W for a distance of 139.45 feet to a calculated point, being an angle
point in the northerly boundary line of said Lot 1, for an angle point in the southerly line hereof;
14) THENCE, in part with the northerly boundary line of said Lot 1, and the northerly boundary line
of that 0.057 acre portion of a called 19.089 acre tract of land conveyed to Norman Neal
Bonnett by instrument recorded as Document No. 1996044968 of the Official Public Records
of Williamson County, Texas, S 76007'39" W, passing at a distance of 56.23 feet a 1/2" iron
rod found being the northeasterly corner of said 0.057 acre tract, passing at 106.26 feet a 1/2"
iron rod found being the northwesterly corner of said 0.057 acre tract, in all a total distance of
462.80 feet to a calculated point being the northwesterly corner of said Lot 1 and the
northeasterly corner of that portion of 7.418 acre tract of land conveyed to NSJS, L.P., by
instrument recorded as Document No. 1999084627 of the Official Public Records of
Williamson County, Texas, for an angle point in the southerly line hereof from which a 1/2" iron
rod found bears S 81003'31" W a distance of 0.13 feet;
15)THENCE, with the northerly boundary line of said portion of 7.418 acre tract, S 74°48'26" W,
at a distance of 64.28 feet passing 0.55 feet north of a 1/2" iron rod found, in all a total
distance of 601.27 feet to a calculated point in the easterly right-of-way line of River Chase
Boulevard (right-of-way width varies), and being the northwesterly corner of said portion of
7.418 acre tract, for the southwesterly corner hereof, from which a 1/2" iron rod found bears S
52°42'09" E a distance of 0.51 feet;
16)THENCE, with the easterly right-of-way line of River Chase Boulevard, N 22°27'29" W for a
distance of 45.60 feet to a calculated point being the southwesterly corner of Lot 9, Block C,
River Chase Subdivision, as recorded in Cabinet Q, Slides 186-191 of the Plat Records of
Williamson County, Texas, for the northwesterly corner hereof;
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: WILLIAMSON COUNTY
Page 4 of 8
17)THENCE, departing the easterly right-of-way line of River Chase Boulevard, with the southerly
boundary line of said Lot 9, N 75°50'47" E for a distance of 174.40 feet to a calculated point
being an angle point in the southerly boundary line of said Lot 9, for an angle point in the
northerly line hereof;
18)THENCE, continuing with the southerly boundary line of said Lot 9, N 74°45'38" E for a
distance of 74.26 feet to a calculated point in the westerly boundary line of that 1.034 acre
tract of land conveyed to Texas Parks and Recreation Foundation by instrument recorded as
Document No. 1999061184 of the Official Public Records of Williamson County, Texas, being
the southeasterly corner of said Lot 9, for an angle point in the northerly line hereof;
19)THENCE, with the westerly boundary line of said 1.034 acre tract, S 15°05'00" E for a
distance of 10.00 feet to a calculated point being the southwesterly corner of said 1.034 acre
tract for an angle point in the northerly line hereof;
20)THENCE, with the southerly boundary line of said 1.034 acre tract, N 74°45'34" E for a
distance of 146.10 feet to a calculated point being the southeasterly corner of said 1.034 acre
tract and the southwesterly comer of that 39.17 acre tract of land conveyed to Mahaffey Land
Cattle Company, L.C., by instrument recorded as Document No. 1997020098 of the Official
Records of Williamson County, Texas, for an angle point in the northerly line hereof, from
which a 1/2" iron rod found bears N 73°27'14" E a distance of 0.15 feet;
21)THENCE, exiting the City of Georgetown City Limits, with the southerly boundary line of said
39.17 acre tract, N 73°26'47" E for a distance of 210.12 feet to a 1/2" iron rod found being the
southeasterly corner of said 39.17 acre tract and the southwesterly corner of that 162.77 acre
tract of land conveyed to Jay Leon Wolf by instrument recorded in Volume 482, Page 356 of
the Deed Records of Williamson County, Texas, for an angle point in the northerly line hereof;
THENCE, with the southerly boundary line of said 162.77 acre tract the following three (3)
courses:
22) N 75°46'55" E for a distance of 467.50 feet to a calculated point for an angle point in
the northerly line hereof;
23) N 80°37'39" E for a distance of 142.07 feet to a calculated point for an angle point in
the northerly line hereof;
24) N 83°47'31" E for a distance of 688.77 feet to a calculated point being the
southeasterly corner of said 162.77 acre tract and the southwesterly corner of said
202.149 acre tract, for an angle point in the northerly boundary line hereof, from which
a 1/2" iron rod found bears N 66°14'53" E a distance of 0.38 feet;
THENCE, with the southerly boundary line of said 202.149 acre tract the following four (4)
courses:
25) S 87°22'00" E for a distance of 783.72 feet to a calculated point for an angle point in
the northerly line hereof, from which a 1/2" iron rod found bears S 02007'13" W a
distance of 0.13 feet;
PARCEL: 1 Page 5 of 8
COUNTY: WILLIAMSON
OWNER: WILLIAMSON COUNTY
26) S 79°52'53" E for a distance of 800.74 feet to a calculated point for an angle point in
the northerly line hereof;
27)S 69°09'13" E, at approximately 623 feet entering the City of Georgetown City Limits,
for a distance of 861.43 feet to a calculated point for an angle point in the northerly line
hereof, from which a 1/2" iron rod found bears N 83°48'30" W a distance of 0.19 feet;
28) S 75°36'13" E for a distance of 267.44 feet to the POINT OF BEGINNING containing
5.252 acres of land, more or less.
Note 1: Courses 12 through 20 are along the City of Georgetown City Limits line.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone
No. 4203, NAD 83.
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief and that the property
described herein was determined by a survey made on the ground under my direction and
supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor q`
Inland Civil Associates, L.L.C.
1504 Chisholm Trail Road 1
Suite 103
Round Rock, TX 78681 M. STEPHEN Ti
512-238-1200 4933
Y,I,titica$a;.
265ROW.DOC SUAr
PARCEL PLAT TO ACCOMPANY METES AND BOUNDS
DESCRIPTION FOR A 5.252 ACRE TRACT OF LAND IN THE
JOSEPH P. PULSIFER SURVEY, A-498 AND THE CLEMENT
STUBBLEFIELD SURVEY, A-558, WILLIAMSON COUNTY, TEXAS
WATERLINEEASEMENT
DOC./ 2004073798
O.PA.W.C.
3 5 v ER
P,
Ag6
I
rf S Vf/
5.252 ACRES
CITY OF GEORGETOWN --'
CITIZENS MEMORIAL
GARDEN CEMETERY
REMAINDER OF CALLED q.6O,
12.70 AC. / 1N 67.
VOL. 117, PG. 17-
I ;; s•F ""0 2S *143 S 6B6
SIMON P.IYEP,HILL i..P.
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Page 6 of 8
INLAND CIVIL"
ASSOCIATES
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRIAL RD., S E. 103
ROUND ROCK. T%. 78681
1/2 ' IRON ROD FOUND UNLESS NOTED
1/2 ' CAPPED IRON ROD FOUND
TYPE ICONCRETE MONUMENT FOUND
I7 TYPE II MONUMENT FOUND
FENCE POST
D CALCULATED POINT
P.02. POINT OF BEGINNING
I I RECORD INFORMATION
CR
2686
4
3
6
clrr
454??4S0
IY.A '-OLF
MCLACHLAN, e
1.89 AC.
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STATE HIGHWAY NO. 29
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PARCEL PLAT TO ACCOMPANY METES AND BOUNDS
DESCRIPTION FOR A 5.252 ACRE TRACT OF LAND IN THE
JOSEPH P. PULSIFER SURVEY, A-498, WILLIAMSON COUNTY,
TEXAS
AY LEON WOLF
VOL. 482, PG. 356
CALLED 162.77 AC.
D.R.W.C.
WATERLINEEASEMENT
NSJS LIMITED
PARTNERSHIP
LOT 1
BONNETT SUBDIVISION
k0. 0, SLS. 119-120
PA-W.C.
C
N66 -14'53'E \
10.38
AD
71
I/^
i
1/2 ' IRON ROD FOUND UNLESS NOTED
1/2 ' CAPPED IRON ROD FOUND
TYPE I CONCRETE MONUMENT FOUND
8i TYPE II MONUMENT FOUND
FENCE POST
A CAI CUI ATFO POINT
J —Cc BELL CEMETERY
REM. DEP. OF 5.82 AC.
547'ES64547" E
b 43'
WILLIAM H. 000Th
C
y ROAD VENTURE
N
00
1/2 ' IRON ROD FOUND UNLESS NOTED
1/2 ' CAPPED IRON ROD FOUND
TYPE I CONCRETE MONUMENT FOUND
8i TYPE II MONUMENT FOUND
FENCE POST
A CAI CUI ATFO POINT
J —Cc BELL CEMETERY
REM. DEP. OF 5.82 AC.
v, V%. 408, PO. 195
O.P..W:C. WILLIAM H. 000Th
DBA WESTINGHOUSE
y ROAD VENTURE
i nyn cn CiaLLED "c.SL kC.
p a=_ • m DOC.I 20020?8bi.b
aA
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a' S 15027'34' E
a Nio 115.55'
O, DEL. - 13°06'34'
R - 347.00'
CB - S 08°54'16' E
CL - 79.22
LLOYD D. TRAINER \ L - 79.40 ' DELA
LOT 2 R
SONNETT SUBOIV'I Smr: ual S 02°20'59' E CA
CAR. 0, SLS. 119-120 66.75'
P.R.W.C. \ I OD:
L\
Page 7 of 8
INLAND CIVIL"
ASSOCIATES
PROFESSIONAL LAND SURVEYORS
I SO4 CNDNOIM TRW. RD., SPE. 103
ROUND ROCK, M 78681
N
60ZW
STATE HIGHWAY NO. 29 zo o 0
wpa<
KN i N
d W 2 y N
0U
PARCEL PLAT TO ACCOMPANY METES AND BOUNDS
DESCRIPTION FOR A 5.252 ACRE TRACT OF LAND IN THE
JOSEPH P. PULSIFER SURVEY, A-498, WILLIAMSON COUNTY,
TEXAS
RIVER CHASE SUBDIVISION!
CAB. 0, SL. 185-191
EASEMENT
852"42'09'E
0511
s \
1
LA 50 \
1
Page 8 of 8
INLAND CIVIL"
ASSOCIATES
Lq PROFESSIONAL [AND SURVEYORS
1504 CHISHOLM TRL1L RD.. STE 103
ROUND ROCK. TX 78681
I
I
1
I
1
I
Hr.HAF: E'i
ILANO6CATTLE
CALL^O7' A.C. 1OOC.i i-97!120098
I
NSJS LIMITED
PARTNERSHIP
PORTION OF 7.418 AC.
OOC.i 1999084627
1/2 " IRON ROI
1/2 " CAPPED
TYPE I CONCR
TYPE 11 MONUA
f FENCE POST
CALCULATEDI
r.oa. POINT OF BEG
1 RECORDINFO
77"4101 1 \\ 98P03'31'W
5.25
I I
l6 I .13'
1\\
4 >
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DSS/
BOSS
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LINE TABLE
NUM I DIRECTION DISTANCE
LIN 75°50'47' E 174.40'
LI) IN75°59'14' E) 174.40)
L2 IN 74°45'38' E
T.
L
VAS PARKA
AND
RECREATION
174°
54'05
S50500'"E
FOUNDATION
CALLED
00C.11119
1.034 AC.
KEVIN WA'i NE SCOTT, SP.. v 9'or06 8 i.
ANNA VERZIN1SKI SCOTT \ O.P.P..W.C.
LOT 9, BLOCK.C 9
RIVER CHASE SUBDIVISION!
CAB. 0, SL. 185-191
EASEMENT
852"42'09'E
0511
s \
1
LA 50 \
1
Page 8 of 8
INLAND CIVIL"
ASSOCIATES
Lq PROFESSIONAL [AND SURVEYORS
1504 CHISHOLM TRL1L RD.. STE 103
ROUND ROCK. TX 78681
I
I
1
I
1
I
Hr.HAF: E'i
ILANO6CATTLE
CALL^O7' A.C. 1OOC.i i-97!120098
I
NSJS LIMITED
PARTNERSHIP
PORTION OF 7.418 AC.
OOC.i 1999084627
1/2 " IRON ROI
1/2 " CAPPED
TYPE I CONCR
TYPE 11 MONUA
f FENCE POST
CALCULATEDI
r.oa. POINT OF BEG
1 RECORDINFO
77"4101 1 \\ 98P03'31'W
5.25
I I
l6 I .13'
1\\
4 >
I
E
J L
I\
c JN73OI6A.2.6:\ /
DSS/
BOSS
vE ,
LINE TABLE
NUM I DIRECTION DISTANCE
LIN 75°50'47' E 174.40'
LI) IN75°59'14' E) 174.40)
L2 IN 74°45'38' E 74.26'
L E) 74.26 ')
L3(
N
174°
54'05
S50500'"E 10.00'
L4 N7534E 146.10'
L4) N 74°54'05" E) 146.11') STATE HIGHWAY NO. 29
Council Meeting Date: September 27, 2005
AGENDA ITEM COVER SHEET
Item No. P—
SUBJECT:
Consideration and possible action to approve the purchase of Bioxide chemicals from U.S.
Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $50,000.00.
ITEM SUMMARY:
In May 1998, Camp, Dresser and McKee, Inc performed a wastewater odor control study.
This study was performed as a result of Hydrogen Sulfide (H2S) odor complaints in certain areas of
the City. The study evaluated different methods to mitigate the H2S problem with a
recommendation being made to use Bioxide, a product patented by U.S. Filter. Since July 1999, the
City has successfully used Bioxide to control odor problems.
SPECIAL CONSIDERATIONS:
U.S. Filter is a sole source provider of Bioxide. The U.S. Filter/Davis Process Products is the
only location that bids will be received and processed for Bioxide.
FINANCIAL IMPACT:
Funds in the amount of $50,000.00 will be paid from the Wastewater Operations Fund (650-
110 -5303 -OC).
GUS BOARD RECOMMENDATION:
GUS Board recommended approval at the September 20, 2005 meeting. Approved 4-0.
Brown, Gavernik, and Hunnicutt absent.
STAFF RECOMMENDATION:
Staff recommends purchase of Bioxide from US Filter/Davis Process in the amount of
50,000.
ATTACHMENTS:
Letter from U.S. Filter/Davis Process Products
Submitted By: Glenn Dishong
Water Services Manager
For Utility
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What is an Impact Fee?
A one-time, up -front payment levied on new or
expanded development for its capital cost being
placed on the utility system.
Intended to mitigate rate impacts arising from the
capital costs of new development and h make
growth pay for itself.
Impact fees in Texas are statutorily addressed in
Chapter 395 of the Local Government Code.
What is an Impact Fee?
The real issue underlying impact fees and rates is,
Who pays for utility capacity related to growth?"
If there are no impact fees, rate -payers carry the
costs.
If there are impact fees, the costs are shared.
The ultimate goal is to assure that:
Infrastructure needed to accommodate growth is
constructed.
Capacitywill be available when the development
community needs it.
Background
Water and wastewater impact fees last updated
in May 2003
Current Fees per Service Unit (1 SU = 3/
4" meter)
Water $2,295 per SU (1/2 of max)
Wastewater $1,869 per SU (max)
Total $4,164 per SU
Update considerations
Recognize accelerated growth
Update fees with new CIP updates
Consider basin -oriented ww fees for certain areas
Maximum Fee Determination
Define Impact Fee Service Area & Land Uses.
Project W & WW Utility Demands.
Compare to existing capacity.
Identify amount and cost of existing available
capacity and new facility needs (10 -Yr CIP).
Allocate current & future service demands to
facilities.
Maximum Fee Determination
Calculate weighted cost of existing and new
capacity per Service Unit (SU).
Determine amount of capital being funded
through rates per SU.
Weighted Capacity Cost per SU
Rate Credit per SU
Maximum Impact Fee per SU
Fee Coordination
and Decision-making
Advisory Committee
Met multiple times
Has provided recommendations to Council
City Council
This evening
Public Hearing
1st Reading of Revised Ordinance
Next Meeting
2nd Reading and Consideration of Adoption
Advisory Committee Findings and
Recommendations
The land use assumptions and Capital
Improvements Plans underlying the maximum
fee calculations are consistent with State law
and good engineering practices.
In the Committee's opinion, a fair balance
between utility rate and impact fee support of
capital improvements would be achieved with
the water impact fee at 75% and wastewater
impact fees at 100% of the maximum calculated
fee amounts.
Advisory Committee Findings and
Recommendations
Consistent with the finding of fairness and the
prior Advisory Committee's findings to phase-in
increases toward the maximum water fee over
time, a moderate increase in the existing water
fee from 50% to 75% of the maximum fee is
recommended.
Due to the speed and intensity of development
and higher capital costs to be incurred in
providing wastewater service to the South Fork
service area, a separate wastewater fee to
address the South Fork sewer facilities is
recommended.
Maximum Calculated Fees and
Recommended Fee Amounts
MAXIMUM FEE CALCULATIONS
Citywide Fees (outside of South Fork Service Area)
Water Impact Fee per SU $ 3,324
Wastewater Impact Fee per SU $ 1,881
Total Combined Fee per SU $ 5,205
South Fork Service Area
Water Impact Fee per SU $ 3,324
Wastewater Impact Fee per SU $ 3,114
Total Combined Fee per SU $ 6,438
ADVISORY COMMITTEE RECOMMENDED FEES
Citywide Fees (outside of South Fork Service Area)
Water Impact Fee per SU $ 2,493 ( 75% of maximum fee)
Wastewater Impact Fee per SU $ 1,881 (100% of maximum fee)
Total Combined Fee per SU $ 4,374
South Fork Service Area
Water Impact Fee per SU
Wastewater Impact Fee per SU
Total Combined Fee per SU
2,493 ( 75% of maximum fee)
3,114 (100% of maximum fee)
5,607
Comparables
city
Austin
N.E. Preferred Development Zone
Western city
Pflugerville
Georgetown (current fees)
Buda
Cedar Park
Georgetown (recommended fees)*
Leander
San Marcos
Georgetown (maximum fees)*
Jonah SLID (water only)
Round Rock
Water
700
1,500
2,491
2,295
2,721
2,250
2,493
2,850
2,466
3,324
4,125
4,296
Georgetown (South Fork recommended fees) $2,493
Chisholm Trail SLID (water only) $4,600
Georgetown (South Fork maximum fee) $3,324
Other than South Fork wastewater service area.
Wastewater
400
1,200
1,362
1,869
1,514
2,000
1,881
1,550
2,185
1,881
n.a.
1,306
3,114
n.a.
3,114
Total
1,100
2,700
3,853
4,164
4,234
4,250
4,374
4,400
4,651
5,205
5,602
5,607
6,438
Council Meeting Date: September 27, 2005 Item No. w Lo
AGENDA ITEM COVER SHEET
SUBJECT:
First Reading of an ordinance of the City of Georgetown, Texas, amending the existing Chapter 13.32 of the
City of Georgetown Code of Ordinances, entitled "Water and Wastewater Impact Fees".
ITEM SUMMARY:
Chapter 395 of the Texas Local Government Code requires that the City's Impact Fee for Water and
Wastewater Service be reviewed at least every five (5) years. The Impact Fees were last reviewed in 2003, at which
time the City Council adopted a policy of review every three (3) years.
An Impact Fee Advisory Committee reviewed the current land use assumptions, capital improvement
plans, and fee calculation methodology used, by HDR Engineering and Camp, Dresser & McKee, Inc., for the fee
calculation. The Committee issued its Final Report entitled "2005 Update of Water and Wastewater Impact Fees City of
Georgetown, Texas' in August 2005.
The Impact Fee Advisory Committee has calculated the maximum fees allowable per service unit to be:
3,324 for water service, and $1,881 for wastewater service. The Committee has also calculated a maximum
allowable fee for wastewater service in the South San Gabriel basin to be $3,114. The Committee has recommended
the imposition of the lesser amount of $2,493 for water service, $1,881 for wastewater service for areas outside the
South San Gabriel basin, and $3,114 for wastewater service within the South San Gabriel basin
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Impact Fees for Water and Wastewater utilities will be used for Capital Improvement Projects only.
The South San Gabriel wastewater impact fee will be used for the establishment of wastewater service in the
South San Gabriel service area.
STAFF RECOMMENDATION:
Staff recommends the approval of the ordinance at the Impact Fee levels recommended by the Impact Fee
Advisory Committee.
GUS BOARD RECOMMENDATION:
N/A
COMMENTS:
NONE
ATTACHMENTS:
1. Water anN14 Impae{Fee Ordinance.
Submitted By:
for Utilities
Micki Rundell,
Finance Director
ORDINANCE NO.
An Ordinance of the City Council of the City of Georgetown, Texas
Amending Chapter 13.32 of the Code Of Ordinances Relating to
Impact Fees to Revise the Land Use Assumptions; Revise the Impact
Fee Capital Improvements Plan; Revise the Amount of the Impact
Fees; Create a Special Impact Fee Service Area for the South Fork of
the San Gabriel River and Establishing a Special Area Impact Fee for
the South Fork Service Area; Revise the Provisions Relating to the
Time For Assessment And Collection of Impact Fees to be Consistent
with State Law; Including a Severability Clause; Including a Conflicts
Clause; and Providing an Effective Date.
WHEREAS, the Texas Local Government Code, Chapter 395, known as the
Texas Impact Fee Act" (the "Act") requires a city to update the land use
assumptions and capital improvements plan for impact fee purposes at least every
five (5) years; and
WHEREAS, the City of Georgetown last updated its Impact Fees in 2003;
and
WHEREAS, the City retained the services of qualified professionals
professional engineers licensed to perform engineering services in the State of
Texas) to update the capital improvements plan and calculate the impact fee in
accordance with the requirements of the Act ; and
WHEREAS, pursuant to Section 395.058 of the Act, the City Council
appointed an Impact Fee Advisory Committee to advise and assist the City in the
manner described in Section 395.058 of the Act; and
WHEREAS, the Impact Fee Advisory Committee has completed its study
and issued its final report entitled "2005 Update of the Water and Wastewater
Impact Fees City of Georgetown, Texas' and
WHEREAS, notice of the hearing on the amendments to the land use
assumptions, capital improvements plan, or impact fee was published in the
Williamson County Sun on August 24 and August 28, 2005 in accordance with
Section 395.055 of the Act; and
WHEREAS, a public hearing was held by the City Council on September 27,
2005 to discuss the proposed ordinance amending the land use assumptions,
capital improvements plan, or impact fees; and
WHEREAS, after considering the comments of the Impact Fee Advisory
Committee and comments made at the public hearing, the City Council finds that it
Ordinance No.
Revised Impact Fee Ordinance
Page 1 of 10
is in the public interest, and compliant with the Act, to amend Chapter 13.32 as set
forth herein; and
WHEREAS, the caption of this ordinance was printed in the Williamson
County Sun on September 21, 2005, in compliance with the City Charter of the City
of Georgetown; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and are
incorporated by reference herein and expressly made a part hereof, as if copied
verbatim. The City Council hereby finds that this ordinance implements the
following elements of the Century Plan Policy Plan and that the enactment of this
ordinance is not inconsistent or in conflict with any other Century Plan Policies, as
required by Section 2.03 of the Administrative Chapter the Policy Plan:
Policy End 12.00 City owned, sponsored or managed utilities provide
safe, adequate and reliable services to all customers.
Policy End 14.00 All municipal operations are conducted in an efficient
business -like manner and sufficient financial resources for both current and future
needs are provided.
SECTION 2. Section 13.32.010.E., of the City Code of Ordinances, relating
to Definitions, is amended to revise the Definition of "Impact Fee Service Area" and
to add a Definition for "South Fork Service Area" as follows, with no other changes
to the remaining provisions of the section:
Impact fee service area" means that area within the corporate limits and extraterritorial jurisdiction of the
City to be served by the water and wastewater capital improvements or facilities expansions specified in the
impact fee capital improvements plan, and which includes the South Fork San Gabriel River Service Area.
South Fork Service Area" means that portion of the Impact Fee Service Area shown on Exhibit A and
more generally described as the natural drainage area for the South San Gabriel River and bounded by thefutureParmerLane, IH 35, FM 2243, and SH 29.
SECTION 3: Section 13.32.020 of the City Code of Ordinances, relating to
Land Use Assumptions, is hereby amended and revised to provide as follows:
Urdmance No.
Revised Impact Fee Ordinance
Page 2 of 10
Sec. 1332.020. Land use assumptions
A. The land use assumptions shown in Section 3 of the "2005 Update of the Water and Wastewater
Impact Fees City of Georgetown, Texas" incorporated by reference as if set forth in full, and which was
exhibited and considered at the public hearing on September 27, 2005 are hereby adopted.
B. Said land use assumptions for the City shall be updated at least every five years utilizing the
amendment procedure set forth in the Texas Impact Fee Act.
C. Amendment to the land use assumptions shall incorporate projections of changes in land uses,
densities, intensities and population for the service area over at least a ten-year period.
SECTION 4: Section 13.32.030 of the City Code of Ordinances relating to
Water and Wastewater Impact Fee Service Areas" is hereby amended and revised
to provide as follows:
Sec. 1332.030. Water and wastewater impact fee service areas.
A There is established an overall water and wastewater Impact Fee Service Area, the boundaries of
which are depicted on the map attached to the ordinance codified in this chapter as Exhibit A on record in
the office of the City Secretary and incorporated in this chapter by reference.
B. Within the Impact Fee Service Area there is established the South Fork Service Area which is
depicted on the map attached to the ordinance codified in this chapter as Exhibit A on record in the office
of the City Secretary and incorporated in this chapter by reference.
C. The boundaries of the water and wastewater Impact Fee Service Area and the South Fork Service
Area may be amended from time to time in accordance with the procedures set forth in the Texas Impact
Fee Act.
SECTION 5: Section 13.32.040 of the City Code of Ordinances, relating to
Impact fee capital improvements plan for water and wastewater facilities" is hereby
amended and revised to read as follows:
Sec. 1332.040. Impact fee capital improvements plan for water and wastewater facilities.
A. The impact fee capital improvements plan for water and wastewater facilities dated August 2005,
on record in the office of the City Secretary, is adopted and incorporated in this chapter by reference.
B. The impact fee capital improvements plan for water and wastewater facilities may be amended
from time to time pursuant to the procedures set forth in the Texas Impact Fee Act.
SECTION 6: Section 13.32.070 relating to "Assessment of Impact Fees" is
hereby amended to correct a scriveners error in numbering of the sections of that
section as follows:
Sec. 1332.070. Assessment of impact fees.
A. The approval of any subdivision of land or of any new development within the impact fee service
area shall include as a condition of development the assessment of the impact fee applicable to such
development.
Ordinance No.
Revised Impact Fee Ordinance
Page 3 of 10
B. Assessment of the water and wastewater impact fees for any new development shall be made as
follows:
1. For a development which is submitted for approval pursuant to the City s subdivision
regulations following the effective date of the ordinance codified in this chapter, assessment shall
be at the time a preliminary plat is approved by City Council and shall be in the amount of the
assessed fee per service unit then in effect as set forth in Exhibit B, attached to the ordinance
codified in this chapter, on record in the office of the City Secretary, except as provided in
subsection (13)(2), (3) , (4) of this section;
2. For a development for which no plat is required or issued, assessment shall occur at the
time of building permit application. For development for which no building permit is issued,
assessment shall be at the time of utility connect permit application;
3. For a development for which a preliminary plat was approved, but which has expired,
assessment shall occur at the time a new preliminary plat approval is sought;
4. For septic tank cutovers, assessment shall be at the time of utility connect permit application.
C. Following assessment of the impact fee hereunder, the amount of the impact fee per service unit
may not be increased above the assessed fee unless the owner redevelops or seeks approval of new plan
required as a result of an approved development plan expiration.
D. An application for an amended plat made pursuant to Texas Local Government Code Section
212.016 (Vernon) or the City's subdivision rules is not subject to a reassessment of the impact fee.
SECTION 7: Section 13.32.080 of the City Code of Ordinances , relating to
Computation of Impact Fees" is hereby amended to delete Subsection A in its
entirety and to renumber the remaining subsections as follows:
Sec. 1332.080. Computation of impact fees.
A. Following the filing and acceptance of a written application for building permit, the City shall
compute the impact fee due in the following manner:
1. The number of service units shall be determined by the size of the water meter purchased or by
evaluation of the ACM at the time of utility connect permit application as hereinabove provided;
2. Service units shall be summed for all meters purchased for the development;
3. Total service units shall be multiplied by the assessed fee per service unit for water or wastewater
service as depicted in Exhibit B attached to the ordinance codified in this chapter and on record in the
office of the City Secretary;
4. All applicable offsets, credits or discounts per service unit allowable under this chapter for water
or wastewater service shall be subtracted from the product derived under subsection (13)(3) of this section.
B. The amount of impact fee due for new development shall not exceed the amount computed by
multiplying the assessed fee for water or wastewater service by the total number of service units generated
by the development.
C. Whenever the property owner increases the number of service units for a development, the
additional impact fees collected for such new service units shall be determined based on the assessed fee
Ordinance No.
Revised Impact Fee Ordinance
Page 4 of 10
and applicable offsets, credits and discounts then in effect and such additional fee shall be collected at the
time the additional meters are purchased.
D. In the event the property owner decreases the number of service units for a development, the
property owner shall be entitled to a refund of the impact fee for impact fees actually paid, but only for the
amounts represented by the decrease in service units based on the assessed fee and offsets, credits or
discounts applicable at the time the fee was paid.
E. Payment of an impact fee in accordance with the terms and conditions of this chapter shall entitle
the payor to receive a credit for same to be used in the event the tap for the property for which the fee is
paid expires and must be repurchased; provided, however, that the impact fee is not refundable upon
expiration of the tap.
F. If the tap or building permit for the property on which an impact fee is paid has expired and a new
application is thereafter filed for the identical property and the number of service units, the impact fee
previously paid satisfies the requirements of this chapter.
G. The impact fee shall attach to the property for which the impact fee was paid and shall not be
transferable to other properties or service units.
H. No request to connect to the water and wastewater system shall be granted and no building permit
shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable
fees or if existing facilities do not have actual capacity to provide service to the new connection(s).
SECTION 8: Section 13.32.090 of th
Collection of Impact Fees" is hereby
entirety, to delete subsection C, and to
provide as follows:
Sec. 1332.090. Collection of impact fees.
e City Code of Ordinances , relating to
amended to amend Subsection A in its
renumber the remaining provisions and
A. Impact Fees shall be collected:
1) at the time the City issues a building permit; or
2) for land platted outside the corporate boundaries of the City, at the time an application for
a utility connection to the City's water or wastewater system is filed; or
3) if no building permits are issued, at the time an application is filed for a utility
connection to the City's water or wastewater system
B. Except as otherwise provided by contracts with wholesale customers or other political
subdivisions, no building permit shall be issued until all impact fees have been paid to the City.
C. For a development which has received an approved development plan prior to the effective date of
the ordinance codified in this chapter and for which no re -approval is necessary prior to the purchase of a
water or wastewater tap, impact fees shall be collected at the time of the utility connect permit application
SECTION 9: Section 13.32.100 of the City Code of Ordinances, relating to
Credits" is hereby amended to revise the references from "Exhibit C" to be
references to "Exhibit B" as follows:
Sec. 13.32.100. Credits.
Urdmance No.
Revised Impact Fee Ordinance
Page 5 of 10
A. In the event that the City requires as a condition of development approval, or otherwise enters into an
agreement with a developer, to have the developer construct, fund or otherwise contribute toward the cost
of a water or wastewater capital improvement or facility expansion identified in the 10 -year Capital
Improvements Plan underlying the maximum fee calculation, the City may provide for reimbursement in
the form of credits against impact fees that would otherwise be due from the development in accordance
with the following.
1. For the capacity share of the project funded by the developer and related to the developer's own
service need and property benefited therefrom, the City shall provide a credit against payment of the full
impact fee due at time of collection. The credit amount shall be equal to the facility's pro -rata capacity cost
per service unit, but in no case shall the unit credit exceed the amount allowed for that facility type in
Exhibit B of this ordinance. Such credits shall only be applicable against the impact fees for the type of
facility (water or wastewater) for which the capital improvement is made.
2. For any oversizing of the facility funded by the developer, the City shall reimburse the developer
in an amount equal to the facility's pro -rata capacity cost per service unit times the number of service units
present in the oversizing portion, but in no case shall the unit cost for the oversizing reimbursement exceed
the amount allowed for that facility type in Exhibit B of this ordinance. If the City determines there is an
adequate fund balance in the appropriate capital recovery fee account, the City will make reimbursement
promptly to the developer upon acceptance of the facility. If an adequate fee fund balance does not
currently exist, the developer's reimbursement for this facility will be fust priority for use of such funds by
the City once the capital recovery fee fund balance grows to an acceptable amount, as determined by the
City in its sole discretion.
B. The City's capital recovery fee credit and oversizing reimbursement policy in this section only applies to
facilities that are included in the 10 -year Capital Improvements Plan and included in the maximum fee
calculation. This section does not apply for reimbursement of other facilities, dedication of site -related
water distribution or wastewater collection facilities required by other ordinances of the City Code, or fees
placed in funds that may be used for the purpose of reimbursing developers for oversizing or constructing
water or sewer mains or lines.
Ord. 98-73 § 5: Ord. 96-1 § 2 (Aft. A) (part))
Ordinance No.
Revised Impact Fee Ordinance
Page 6 of 10
EXHIBIT B
WATER AND WASTEWATER IMPACT FEE PER SERVICE UNIT
Assessed
Impact Fee
per
ITEM Service Unit
WATER
Supply 272
Treatment 980
Pumping 206
Ground Storage 169
Elevated Storage 158
Transmission 706
Allocated Impact Fee Study Cost 2
Total Water 2,493
WASTEWATER (outside of South Fork Service Area)
Treatment 874
Pumping 687
Interceptors 314
Allocated Impact Fee Study Cost 5
Total Wastewater 1,881
WASTEWATER (South Fork Service Area)
Treatment 874
Pumping 687
Interceptors 1,547
Allocated Impact Fee Study Cost 5
Total Wastewater 3,114
TOTAL WATERNVASTEWATER
Outside of South Fork Service Area 4,374
South Fork Service Area 5,607
Urdmance No.
Revised Impact Fee Ordinance
Page 8 of 10
SECTION 12: Exhibit C of Chapter 13.32 of the City Code of Ordinances
relating to "Assessed Water and Wastewater Impact Fee History (Per Service
Unit) is hereby amended to provide as follows:
EXHIBIT C
ASSESSED WATER AND WASTEWATER IMPACT FEE HISTORY
PER SERVICE UNIT)
Development Approval Date Type Water Wastewater
Before October 1, 2003 Non-residential $1,325 $1,098
Before October 1, 2003 Residential $ 825 $ 600
After October 1, 2003 All $2,295 $1,869
And before October 11, 2005
SECTION 13. That all ordinances that are in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and all other ordinances of
the City not in conflict with the provisions of this ordinance shall remain in full
force and effect.
SECTION 14. If any provision of this ordinance or application thereof to any
person or circumstance, shall be held invalid, such invalidity shall not affect the
other provisions, or application thereof, of this ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
ordinance are hereby declared to be severable.
SECTION 15. The Mayor is hereby authorized to sign this ordinance and
the City Secretary to attest. This ordinance shall become effective in accordance
with the provisions of the Charter of the City of Georgetown.
2005.
PASSED AND APPROVED on First Reading on the 27th day of September
PASSED AND APPROVED on Second Reading on the day of
2005.
ATTEST:
Sandra D. Lee, City Secretary
Urdmance No.
Revised Impact Fee Ordinance
Page 9 of 10
THE CITY OF GEORGETOWN
M
Gary Nelon, Mayor
APPROVED AS TO FORM:
Patricia E. Carts, Brown & Carls, LLP
City Attorney
Urdmance No.
Revised Impact Fee Ordinance
Page 10 of 10
Council Meeting Date: September 27, 2005 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
First reading of an Ordinance of the City Council of the City of Georgetown, Texas, changing the
name of Hacia Los Lobos Blvd. and the proposed SH 29/Rivery Blvd. connector road to "Wolf
Ranch Parkway".
ITEM SUMMARY:
As part of the consideration for the landowners' donation of the necessary right-of-way and
easements to construct the proposed SH 29/Rivery Blvd. connector road, the City Council authorized
the renaming of the entire length of the existing Hacia Los Lobos Blvd., as well as the proposed
extension thereof known and the proposed SH 29/Rivery Blvd. Connector, to "Wolf Ranch
Parkway", subject to approval of the proposed agreement between the City and the landowners
entitled Agreement Regarding Donation of Right of Way for Connector Road Between SH 29
and Rivery Blvd. (the "Agreement") being considered concurrently herewith.
Upon execution of the Agreement by all parties and approval of a second reading of the proposed
ordinance, Hacia Los Lobos Blvd., as well as the proposed connector road, will be named "Wolf
Ranch Parkway."
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
N/A
COMMENTS:
None
ATTACHMENTS:
Proposed Ordinance
Submitted By: City Manager for Utilities
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, CHANGING THE NAME OF HACIA LOS LOBOS
BLVD. AND THE PROPOSED SH 29/RIVERY BLVD. CONNECTOR ROAD
TO "WOLF RANCH PARKWAY"; PROVIDING A CONFLICT CLAUSE AND
SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on July 12, 2005, as part of its consideration for the landowners'
donation of the necessary right-of-way and easements to construct the proposed SH
29/Rivery Blvd. Connector, the City Council authorized the renaming of the entire length of
the existing Hacia Los Lobos Blvd., as well as the proposed extension thereof known and
the proposed SH 29/Rivery Blvd. Connector, to "Wolf Ranch Parkway"; and
WHEREAS, the City Council finds that its street addressing and naming policy
allows the renaming of the existing Hacia Los Lobos Blvd., as well as the naming of the
proposed SH 29/Rivery Blvd. Connector, to "Wolf Ranch Parkway', and that doing so is in
the best interest of the citizens of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the Transportation Element of the Century Plan -
Policy Plan Element, which states: "Georgetown s transportation system provides for the
safe and efficient movement of traffic, promotes the economic interests of the community,
and adequately serves the needs of individuals" and further finds that the enactment of
this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as
required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. The City Council of the City of Georgetown hereby changes the name
of the the existing Hacia Los Lobos Blvd., shown on Exhibit "A" attached hereto, to "Wolf
Ranch Parkway', and assigns the same name, "Wolf Ranch Parkway", to the proposed
extension thereof, currently known as the proposed SH 29/Rivery Blvd. Connector, shown
on Exhibit `B" attached hereto.
SECTION 3. This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal
or affect any of such other ordinances, except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this ordinance, in which event such
conflicting provisions, if any in such other ordinance or ordinances are hereby superseded.
Ordinance No.
Renaming Hacia Los Lobos Blvd. and proposed SH 29/Rivery Blvd. Connector to "Wolf Ranch Parkway'
Page 1 of 2
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect in
10) ten days on and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of 2005.
2005.
PASSED AND APPROVED on Second Reading on the day of
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Gary Nelon, Mayor
Ordinance No.
Renaming Hacia Los Lobos Blvd. and proposed SH 29/Rivery Blvd. Connector to "Wolf Ranch Parkway'
Page 2 of 2
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