HomeMy WebLinkAboutAgenda CC 08.08.2006 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, August 8, 2006
The Georgetown City Council will meet on Tuesday, August 8, 2006 at 05:00:00 PM at
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.
Policy Development/Review Workshop - Call to order at 05:00 PM
A Continuation, if necessary, of the overview and discussion regarding the 2006/07 City Manager's Proposed
Budget and the related tax rate, including possible Council action and possible direction to staff — Micki
Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager
B 2006 Annexation Policy and Plan -- Ed Polasek, Chief Long -Range Planner and Bobby Ray, Planning and
Development Director
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
C Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated lifigation and other matters on which the attorney has a duty to
advise the City Council, including agenda items
-Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Wllliamson County, 277th Judicial District
- Civil Action No. A -06 -CA -082 SS; Daniel and Carmen Henderson v. City of Georgetown and Bishop Gregory Aymond
for the Diocese of Austin, in the United States District Court, Western District of Texas, Austin Division
- Application by MUD 19 for a Sewer utility Certificate of Convenience and Necessity
D Sec 551.072 - Deliberations about Real Property
- Consideration and possible action concerning right-of-way/easement acquisition related to the TxDOT/Austin Avenue
Maintenance Project — — Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carts, City Attorney
- Consideration and possible action concerning the proposed sale/abandonment of a portion of CR 265W right-of-way
west and south of the Connell Cemetery to adjacent landowners, NSJS, L.P., and Bill and P.D. Chapman — Jim Briggs,
Assistant City Manager for utility Operations and Tem Glasby Calhoun, Paralegal
E Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has received
from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City
and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a
financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development negotiations.
F Sec.551.074 Personnel Matters
- Annual Performance Evaluation and Compensation Review of City Secretary and Municipal Judge
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
City Council Agenda/August 8, 2006
Page 1 of 4 Pages
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
G Call to Order
H Pledge of Allegiance
I Comments from the dais
- Welcome to Audience and Opening Comments — Mayor Gary Nelon
- Review of procedure for addressing the City Council
Announcement of vacancy on the Convention and Visitors Bureau Board
J Announcements and Comments from City Manager
K Public Wishing to Address Council
- Debi Still, Jr. Vice President of VFW Post 8587 in Georgetown regarding a Memorial Poppy Garden
L 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.
M Consideration and possible action to approve the minutes of the Council Workshop on Monday, July 24,
and the Council Meeting on Tuesday, July 25, 2006 -- Sandra D. Lee, City Secretary
N Consideration and possible action to approve the adoption of a resolution authorizing the City of
Georgetown to register and participate in the U. S. Commodities Cooperative Purchasing Program —
Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration
0 Consideration and possible action to approve the adoption of a resolution authorizing the City of
Georgetown to participate in the Tarrant County Cooperative Purchasing Association -- Marsha Iwers,
Purchasing Manager and Micki Rundell, Director of Finance and Administration
P Consideration and possible action to accept the Citys Quarterly Financial Report, which includes the
Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation
(GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended June 30,
2006 — Leticia Zavala, Accounting Manager and Micki Rundell, Director of Finance and Administration
Q Consideration of a resolution approving a bond resolution for Southwestern University, providing for the
issuance of tax exempt bonds through the Riesel Education Facilities Corporation — Micki Rundell, Director
of Finance and Administration.
R Consideration and possible action to approve a Monitoring Well License Agreement between ESA
Specialists of America, Inc. and the City of Georgetown to allow for installation of a monitoring well
generally located in the 9th Street ROW between Austin Ave and Main Street — Tom Benz, Systems
Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations
S Consideration and possible action authorizing a Donation Agreement with Richard and Barbara Pearce for
their donation of an easement in connection with the Southfork Wastewater Interceptor project — Jim
Briggs, Assistant City Manager for Utility Operations and Patricia E. Carts, City Attorney
T Consideration and possible action on a Public Review Final Plat for 17.29 acres in the Frederick Foy
Survey, Abstract 229 to known as the Planned Unit Development of Sun City Georgetown, Neighborhood
Forty -Six B, located west of Neighborhood 46 and off Independence Creek Lane. -Melissa McCollum,
AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development Services.
U Consideration and possible action on a Public Review Final Plat for 27.73 acres in the Frederick Foy
Survey, Abstract 229, to known as the Planned Unit Development of Sun City Georgetown Neighborhood
Forty -Seven, located west of Neighborhood 46B and off Cool Springs Way and Independence Creek Lane.
-Melissa McCollum, AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development
Services.
V Consideration of a resolution granting a petition and setting public hearing dates for the voluntary
City Council Agenda/August 8, 2006
Page 2 of 4 Pages
annexation into the Ciry for 10.158 acres, more of less, in the Williams Addison Survey, Abstract No. 21,
• located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Avery Tract — Bobby
Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner
W Consideration of a resolution granting a petition and setting public hearing dates for the voluntary
annexation into the City for 66.737 acres, more of less, in the Williams Addison Survey, Abstract No. 21,
located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Moore Tract — Bobby
Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
X Consideration and possible action to authorize the City to enter into the 2006-2007 City of Georgetown
employee benefit contracts — Kevin Russell, Human Resources Director and Paul Brandenburg, City
Manager
Y Consideration and possible action to place the adoption of the proposed 2006 tax rate on a future
agenda and to set dates for two public hearings -- Micki Rundell, Director of Finance and Administration
Z There is no Item Z.
AA Consideration and possible action to give staff direction on the 2006 Annexation Priorities -- Ed Polasek,
AICP, Principal Planner and Paul Brandenburg, City Manager
BB Second Readings
1. Second Reading of an ordinance revising Title 7 "Animals" of the Code of Ordinances as
recommended by the Animal Shelter Advisory Board to add the following provisions: requirements for
enforcement, requirements for keeping a dangerous dog, destruction of dog and excessive noise; to
add, delete and replace several definitions; to amend the following requirements: vaccinations, pet
• licenses, quarantines, proper care, cruel treatment, determination of a dangerous dog, notification
process, appeal process, status of dog pending appeal, hearing appeal, and violation of requirements
for keeping a dangerous dog; and to delete provisions related to: the revocation of license,
abandonment, nonregisterable dangerous dogs, disposition of a nonregisterable dangerous dog,
registerable dangerous dog, notification of declaration of a registered dangerous dog and attack by
registered dangerous dog — Ken Finn, Animal Services Manager and David Morgan, Chief of Police
2. Second reading of an ordinance to rename a portion of Ranch Road 2243 to Leander Road and a
portion of East State Highway 29 to East University Avenue, in recently annexed areas — Bobby Ray,
AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner.
3. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land
Use Map from Residential and Offica/Retail/Commercial to Office/Retail/Commercial and the Intensity
Level from Levels 3 and 5 to Level 5 for 80.3 acres In the William Addison Survey, Abstract 21,
located on the Northwest Comer of State Highway 29 and Georgetown Inner Loop — Bobby Ray, AICP,
Director Planning and Development and Edward G. Polasek, AICP, Principal Planner.
4. Second Reading of an Ordinance Rezoning approximately 80 acres In the William Addison Survey,
Abstract 21, from RS, Residential Single-family District and AG, Agriculture District to C-3, General
Commercial District for the property located at the Northwest Comer of S.H. 29 and Inner Loop. Bobby
Ray, AICP, Director of Planning and Development Services.
5. Second Reading on a Rezoning from AG, Agricultural district to PUD, Planned Unit Development
district for 17.29 acres in the Frederick Foy Survey, Abstract 229 to known as the Planned Unit
Development of Sun City Georgetown, Neighborhood Forty -Six B, located west of Neighborhood 46
and off Independence Creek Lane. -Melissa McCollum, AICP, Planner II and Bobby Ray, AICP,
Director of Planning and Development Services.
6. Second Reading on a Rezoning from AG, Agricultural district to PUD, Planned Unit Development
• district for 27.73 acres in the Frederick Foy Survey, Abstract 229, to known as the Planned Unit
Development of Sun City Georgetown Neighborhood Forty -Seven, located west of Neighborhood
City Council Agenda/August 8, 2006
Page 3 of 4 Pages
CONflD[NTW
Council Meeting Date: August 7, 2006 Item No. �Z
EXECUTIVE SESSION
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action concerning right-of-way/easement acquisition related to
the TxDOT/Austin Avenue Maintenance Project.
ITEM SUMMARY:
On June 14, 2005, by Resolution No. 061405-0, Council resolved to accept the transfer of
jurisdiction and maintenance of Business 35 ("Austin Avenue") from FM 2243 (Leander
Road) to FM 2338 (Williams Drive) from the Texas Department of Transportation (TXDOT).
As part of the subject resolution, TxDOT agreed to make certain improvements to the
subject roadway segment, to include striping modifications, dependent on the City's
acquisition of "an existing service station located on the east side of Business 35 between
Valley Street and FM 2338", specifically the Threadgill property located at 705 N. Austin
Ave. Staff entered into negotiations with Mr. Threadgill shortly thereafter. To date, no
agreement has been reached with Mr. Threadgill for acquisition of the property. Attached
is a memo from the City's attorney on the project, Kent A. Sick, informing Council of the
status of the project and the issues associated therewith. Staff is seeking Council direction
with respect to the issues presented by Mr. Sick.
ATTACHMENTS:
August 1, 2006 memo from Kent. A. Sick
Submitted By:
Jim Briggs, Assistant City
Manager for Utility Operations
Patricia E. Carls, Brown & Carls, LLP
City Attorney
$508,212, plus potential clean-up costs.
(3) Take a clear -zone only. This option would involve the acquisition of an easement along
a strip of Threadgill's property adjacent to the outboard edge of the MPDs that would prevent that
area's use for fueling operations. In essence, the City would be taking a 10' or 15' wide buffer
easement along the property's Austin Avenue frontage. Under this scenario the City would likely
come in and physically prevent access to the area around the MPDs by erecting curbing or some
otherbarrier (a landscape island, perhaps) in the area shown cross -hatched in Exhibit "D." The two
distinct advantages to this approach are (a) it is the least expensive from an overall cost standpoint
and (b) it carries no risk that the City would incur liability for an environmental clean-up. The
disadvantages are (a) the City pays for a great percentage of the value of the tract without realizing
the benefit of owning the remainder, (b) the City has no control over effectuating actual removal of
the USTs, and ( c) there is some question as to whether TxDOT will accept this alternative given the
language of TxDOT's November 16, 2005 letter to the City. Given Griesbach's opinions and the
landowner's last stated position, I estimate the range of potential compensation under this estimate
to be between $294,300 and $478,212, with no risk of potential remediation costs.
Recommendations. If TxDOT will agree to accept the City's restriction of fueling
operations in the outside lane of the MPDS, in my opinion the third option is most practical and
efficient from a time and potential liability standpoint. If not, it is slightly less expensive to take
only the fueling system improvements and leave the remainder to the landowner.
If Mr. Threadgill will execute an agreement similar to the ones TxDOT attempts to secure
when acquiring properties of this type such that the City is insulated from potential clean-up costs,
then acquiring the entire tract makes the most sense. Even though this path requires the most money,
it gives the City control of the property and the value of the cleaned remainder.
IM
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CONFIDENTIAL
Council Meeting Date: August 7, 2006 Item No.
EXECUTIVE SESSION
AGENDA ITEM COVER SHEET
SUBT CT:
Consideration and possible action concerning the proposed sale/abandonment of a portion
of CR 265W right-of-way west and south of the Connell Cemetery to adjacent landowners,
NSJS, L.P., and Bill and P.D. Chapman
ITEM SUMMARY:
In response to a request received from Bill Chapman in the fall of 2004, the Council agreed,
in its December 13, 2004 Executive Session, to sell the subject property to NSJS, L.P. and Bill
and P.D. Chapman ("Chapman") for $8.50 per square foot. Based thereon, the attached
offer letter was sent to Chapman on February 9, 2005 proposing the City's sale of the
property to Chapman for a total of $83,683.00. Attached is a counter -proposal received
from Chapman on July 31, 2006, wherein he proposes to purchase the subject tract for a
total price of $37,853.21. Mr. Chapman has also expressed verbal interest in purchasing the
small triangular-shaped tract immediately south of the Connell Cemetery, but it was not
included in his written proposal of July 31, 2006. It is shown on the enclosed survey of
Parcel 21 as the cross -hatched area. Also attached is an email from Chris Griesbach, MAI,
ASA containing his comments on the subject counter -proposal. Mark Miller, City
Transportation Service Manager, and Joel Weaver, Transportation CIP Coordinator, have
no objection to the sale/abandonment of the subject property, or the cross -hatched
triangular tract. Staff is seeking Council's direction on further negotiations with Chapman
concerning the proposed abandonment/sale of the 0.226 acre tract and triangle tract with an
easement being reserved over the 0.91 -acre tract referred to as Parcel 21E. Disposition of
the right-of-way would require Council's abandonment by ordinance.
ATTACHMENTS:
1. February 9, 2005 offer letter to Chapman
2. July 31, 2006 counter proposal from Chapman
Property surveys
4. August 1, 2006 email from Chris Griesbach
Submitted By:
O , 4� Aoo
Terri Glasby Calhoun, Paralegal
Jim Briggs, Assistant City Manager for Utilities
GOygLQkq
. February 9, 2005
Bill Chapman & P.D. Chapman
Chapman Investments
P.O. Box 1333
Georgetown, Texas 78627
RE: Proposed sale of a 0.226 -acre tract of land situated in the Joseph. P. Pulsifer-
Survey, Abstract No: 498, Williamson County, Texas, being a portion of the
surplus existing right-of-way of County Road 265 West (CR 265W)
Dear Bill:
As we have previously discussed, on December 13, 2004, the City Council authorized the
prospective sale of the above-described segment of surplus right-of-way for CR 265W to you
and NSJS, L.P., as the owners of the adjacent tract to the west of the subject,property for the total
sum of $83,683, which equates to $8.50 psf.
Enclosed is a copy of the survey of the proposed CR 265W surplus right-of-way. Please
advise as to whether you are interested in purchasing the subject property for the stated amount.
Sincerely,
Tem Glasby Calhoun
Paralegal
/tgc
Encls.
GEORGETOWN UTILITY SYSTEMS •, 300 INDUSTRIAL AVENUE • GEORGETOWN, TEXAS 78526 • 512/930.3558 -FAX: 512/930.3559
Gert of C
JUL 3110
Chapman Investments TOC41
Bill Chapman
P.O. Box 1333
Georgetown, Texas 78627
512-863-0908
July 31, 2006
Terri Glasby Calhoun
City of Georgetown
300 Industrial Avenue
Georgetown, Texas 78626
RE: Proposed purchase by NSJS L. P. and Bill and P.D. Chapman of
.266 -acre tract of land containing a .091 -acre utility easement situated in
the Joseph P. Pulsifer Survey, Abstract No. 498, Williamson County,
Texas, being a portion of the surplus existing right-of-way of County Road
265 West (CR265W)
Dear Terri,
We have received and understood your letter date February 9, 2005 and an e-
mail received on July 27, 2006 pertaining to surplus right-of-way property on CR
265 West. We look forward to working with the City of Georgetown to purchase
the surplus right-of-way.
In July of 2004, the City of Georgetown paid $5.50/sq.ft. for the .819 total acres
of right-of-way on Hwy 29 West and $4.11/sq.ft. for .615 total acres of utility
easement of the adjacent property. The $4.11 per square foot for utility
easements is compensation for the use of the land for The City of Georgetown's
future needs.
The .226- acre tract has a .091 -acre utility easement necessary for the City of
Georgetown. This leaves a remainder of .135- acres or 5,880.6 square feet of
land outside the easement.
We propoFe that we pay The City of Georgetown $5.50 per square foot for the
.226 -acre tract. This is the same we were paid for Highway 29 frontage. We
propose to discount the property in the utility easement by $4.11. The same we
were paid on highway 29 frontage.
The calculations generate:
.226- acres = 9,844.56 s.f. x $5.50 = $54,145.08
.091- acres = 3,963.96 s.f. x $4.11 = ($16,291.87)
$54,145.08 - $16,291.87 = $37,853.21
Therefore, our offer for the .226 -acre tract of surplus right-of-way is $37,853.21.
We look forward to bringing this entire project to a final conclusion. While we
originally talked about the surplus right-of-way some time back, we think it is just
now that we see the final needs of all parties in the area. Being the owners of the
adjacent and contiguous property, we appreciate the opportunity to acquire this
tract for incorporation into a comprehensive plan.
We are ready to close for cash at your earliest convenience.
Sincerely,
Till
apman
Page 1 of 3
EXHIBIT
County: Williamson
Parcel No.: 21
Highway: County Road No. 265 West
DESCRIPTION FOR PARCEL 21
DESCRIPTION OF A 0.226 -ACRE TRACT OF LAND SITUATED IN THE JOSEPH P.
PULSIFER SURVEY, ABSTRACT NO. 498, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THE SURPLUS EXISTING RIGHT-OF-WAY OF COUNTY ROAD 265 WEST
(CR265W), SAID 0.226 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found in the southerly right-of-way line of County Road 265
(CR265) and the existing westerly right-of-way line of County Road No. 265 West (CR265W),
being the northeasterly corner of Lot 1, Bonnett Subdivision, recorded in Cabinet Q, Slides 119-
120 of the Plat Records of Williamson County, Texas, for the northwesterly corner and POINT
OF BEGINNING hereof;
1) THENCE with the southerly right-of-way line of said CR265 N 87°32'35" E for a distance
of 51.11 feet to a capped 1/2" iron rod set, stamped "C.O.G.", in the southerly right-of-
way line of said CR265 and existing easterly right-of-way line of CR265W being the
northwesterly corner of Connell Cemetery, for the northeasterly corner hereof;
2) THENCE departing the southerly right-of-way line of said CR265 with the existing
easterly right-of-way line and in part the proposed westerly right-of-way line of said
CR265W and the westerly boundary line of said Connell Cemetery S 20039'20" E,
passing at 74.38 feet a 1/2" iron rod found being the southwesterly corner of said
Connell Cemetery, in all a total distance of 195.80 feet to a capped 1/2" iron rod set,
stamped "C.O.G.", in the existing easterly right-of-way line of said CR265W, also being
in the proposed westerly right-of-way line of CR265W, for the southeast corner hereof;
3) THENCE through the existing right-of-way of said CR265W S 69016'14" W for a
distance of 48.11 feet to a capped 1/2" iron rod set, stamped "C.O.G.", in the existing
westerly right-of-way line of said CR265W, being the northeasterly corner of Lot 2 of said
Bonnett Subdivision and the southwesterly corner hereof, from which a Texas
Department of Transportation Type II concrete monument found in the proposed
westerly right-of-way line of CR265W bears S 20°46'31" E for a distance of 259.85 feet,
and S 02°20'59" E for a distance of 108.16 feet;
County: Williamson
Parcel No.: 21
Highway: County Road No. 265 West
Page 2 of 3
4) THENCE with the exisiing westerly right-of-way of said CR265W with the easterly
boundary line of said Lot 1, N 20°46'31" W for a distance of 211.82 feet to the POINT
OF BEGINNING containing 0.226 acre of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings are based on grid bearings. Distances are surface distances. Coordinates are
surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone,
using a combined surface adjustment factor of 1.00013.
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
Inland Civil Associates, LLC
206 W. Main St. Suite 107
Round Rock, TX 78664
COG-CR265W-REVERS ION-P21.doc
COUNTY ROAD NO. 265
(ROW VARIES)
LEGEND-
EGEND-•
0
1/2 " IRON ROD FOUND P.0.1
CEMETARY
TYPE 11 MONUMENT PARCEL,
A
CALCULATED POINT
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1/2" CAPPED IRON ROD
ACRE
SET - CAPPED "C.O.G."
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PROPERTY LINE
( )
RECORD INFORMATION
P.O.B.
POINT OF BEGINNING
R.O.W
RIGHT-OF-WAY
P.O.R.
POINT OF REFERENCE
C.O.G.
CITY OF GEORGETOWN
O.P.R.W.C.T.
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
P.R.W.C.T.
PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
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LOT I \
BONNETT
SUBDIVISION
CAB. 0,
SLD. 119-120
P R W C T SURVE Y
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NUMBER
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NUMBER
DIRECTION
DISTANCE
L1
N 87°32'35' E
51.11'
L2
S 20°39'20' E
195.80'
L3
IS 69016'14' W
48.11'
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STATE HIGHWAY NO. 29 (ROW VARIES)
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM. NAD 83. CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00013.
THIS SURVEY WAS PERFORMED FOR RIGHT-OF-WAY PURPOSES. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO TH
`
INal N
M. STEPHEN RUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND CIVIL"
ASSOCIATES
1 PROFESSIONAL LAND SURVEYORS
206 W. MAIN ST. SUD'E 107
ROUND ROCK. TK. 78664
ON AND
RIGHT OF—AY SKETCH
AND BELIEF
COUNTY ROAD NO. 265 W
WILLIAMSON COUNTY. TEXAS
PAGE 3 OF 3
Council Meeting Date: August 8, 2006
AGENDA "TEM COVER SHEET
Item No.
SUBJECT:
Consideration and possible action to approve a Monitoring Well License
Agreement between ESA Specialists of America, Inc., and the City of
Georgetown to allow for installation of a groundwater monitoring well
generally located in the 9`h Street ROW between Austin Ave and Main
Street.
ITEM SUMMARY:
ESA Specialists of America, Inc. is conducting an environmental site
investigation of 909 South Austin Avenue. As part of the requirements
to become compliant with the Texas Commission on Environmental Quality
(TCEQ) regulations as they pertain to petroleum storage tanks in the
State of Texas, ESA is required to install one groundwater monitoring
well down gradient of their client's site. ESA has investigated
underground conflicts with utilities in the area and has found none.
If approved the attached license agreement allows the licensee the
non-exclusive right, to use the license area solely for the purpose of
installing, maintaining, repairing, sampling, and removing one
groundwater monitoring well, related to the remediation of the former
service station located at 909 South Austin Avenue (LPST Id No.
115867).
The staff intends to develop an administrative process for these
licenses in the future.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
None
STAFF
ION:
Staff recommends approval of the license agreement between ESA
Specialists of America, Inc., and the City of Georgetown.
GUS BOARD RECOMMENDATION:
N/A
COMMENTS:
None
ATTACHMENTS:
Proposed Moni
Well License Agreement
Submitted By: Thomas Benz, / Jim Briggs,
Systems Engi a ng Assistant City Manager
for Utility Operations
MONITORING WELL LICENSE AGREEMENT
This Monitoring Well License Agreement (the "Agreement") is made this _ day of
2006 (the "Effective Date') between
THE CITY OF GEORGETOWN, a Texas home rule corporation ("Licensor"), whose address is
P.O. Box 409, Georgetown, Texas 78627, and ESA Specialists of America, Inc, a
Corporation, ("Licensee"), whose address is 50 Briar Hollow Lane, East
Tower, Suite 300, Houston, Texas 77027.
RECITALS:
WHEREAS, Licensor owns or controls the right-of-way along 9`b Street in Georgetown,
Texas between Austin Avenue and Main Street being generally shown on Exhibit A attached
hereto and made a part hereof for all purposes (hereinafter referred to as the "License Area");
WHEREAS, Licensee wishes to utilize the License Area to install one (1) groundwater
monitoring well in the License Area in the locations shown on Exhibit A and further described
by metes and bounds on Exhibit B; and
WHEREAS, Licensor has agreed to grant Licensee the right to use the License Area for
such purposes, subject to and in accordance with the terms and provisions hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the parties have agreed as follows:
1. Grant of License: Licensor hereby grants to Licensee, for the duration of this
Agreement, the non-exclusive right, privilege and permission to use the License Area solely for
the purpose of installing, maintaining, repairing, sampling, and removing one (1) groundwater
monitoring well, related to the remediation of the former service station located at 909 South
Austin Avenue (LPST Id No. 115867) consistently with the application materials submitted to
Licensor by letters dated November 22, 2005 and December 15, 2005 from Licensee's auhorized
representative, Brandon Dalton, CAPM, Operations Manager, ESA Specialists of America, Inc.,
50 Briar Hollow Lane, East Tower, Suite 300, Houston, Texas 77027, and only for such
purposes ("Licensee's Monitoring Well Activities'). The well shall be surface -completed in
such a way as to be unobtrusive. The surface of the well shall be flush -mounted, with a steel
manhole cover and a screw -down lid, set in a 2 -foot by 2 -foot concrete pad. The well shall have
an expandable gasket -type locking lid. Any materials generated during the drilling activities
must not be stored in the right of way, and must be disposed of in compliance with all applicable
federal, state and local laws at the sole cost and expense of the Licensee. If the well is located in
a paved area, one must be able to drive over it and it should not interfere with use of the License
Area by Licensor or the public. Licensor makes this grant solely to the extent of its right, title
and interest in the License Area, without any express or implied representations or warranties.
2. Consideration for the License: As consideration for the rights granted herein to
Licensee, Licensee shall pay to Licensor, upon full execution hereof, a one time license fee (the
"License Fee") of Thirty Five Dollars only ($35.00).
3. Extent of License. The license hereby granted to Licensee is limited in purpose to the
Licensee's Monitoring Well Activities, and is revocable at any time by Licensor, in the manner
provided in Section 9 below. In addition, this Agreement is expressly subordinate to the present
and future right of Licensor, its successors, assigns, lessees, and grantees, to construct, install,
establish, maintain, use, operate, and renew any public utilities facilities, franchised public
utilities, rights-of-way, roadways, or streets, on, beneath, or above the surface of the Licensed
Area.
4. Title of Licensor: Licensee acknowledges the legal title of Licensor to the License Area
and agrees to never deny this title or to claim title in Licensee's name.
5. Oualifications of Licensee's Consultant's and Contractors. Licensee represents and
warrants to Licensee that it has and will retain only consultants, contractors, engineers,
subcontractors, and agents duly licensed in Texas and who have training and experience
adequate to perform Licensee's Monitoring Well Activities in a safe and professional manner in
accordance with then -current industry standards and in compliance with all applicable
requirements of law, including, without limitation, all federal, state and local environmental,
health and safety laws.
6. Sharin¢ of Information: Licensee, at no cost to Licensor, agrees to provide the Licensor
with a copy of the with a copy of all investigation reports, data, and other documents describing
the investigation results contemporaneously with the submittal of such reports to the Texas
Commission on Environmental Quality or its successor agency.
7. Maintenance and Repair of the License Area: Licensee shall be solely responsible for
the maintenance and repair of the License Area at all times that this Agreement is in effect.
z
Licensee shall maintain the License Area by keeping the area free of debris and litter on an on-
going basis. Further, Licensee must timely and properly maintain and repair the monitoring well
and associated appurtenances. Licensee shall contain all sediment and fluids during drilling, and
take all other actions required to prevent drilling fluids from entering storm sewers. After
completing the Monitoring Well Activities, the Licensee agrees to restore the License Area to a
condition reasonably equivalent to its condition prior to the initiation of the activities. As part of
the restoration activities, Licensee agrees to dispose of any debris or samples generated by the
sampling activities in such a manner that complies with all applicable laws and regulations. If
Licensor causes damages to Licensees monitoring well, the Licensee covenants and agrees that
neither he nor his agents shall sue the Licensor, or pursue other methods against the Licensor to
recover costs of repairing or replacing the monitoring well, as additional consideration for being
granted this License Agreement.
8. Security Deposit: Licensee shall deposit Two Thousand Dollars and no/cents
($2,000.00) (one thousand dollars per monitoring well) in cash with the Licensor as a security
deposit ("Security Deposit"). All interest earned, if any, on the Security Deposit shall be
payable to Licensor. The Licensor may draw upon the Security Deposit to pay any of Licensee's
obligations under this Agreement, including, without limitation, paying for maintenance and
repairs, and/or paying for the cost of removing the monitoring well and any related
appurtenances upon termination of this Agreement. If Licensor does draw upon the Security
Deposit, Licensee shall replenish the Security Deposit within ten (10) business days after notice
of the draw. If the Security Deposit is insufficient to cover all amounts owed to Licensor under
this Agreement, Licensee shall reimburse the Licensor for such insufficiency within ten (10)
business days after notice of such insufficiency.
9. Method of Revocation: Licensor may revoke this Agreement at any time by providing at
least thirty (30) days written notice of revocation to Licensee, at the address for notice provided
herein. Immediately upon receipt of such written notice of revocation, Licensee shall close the
monitoring well in accordance with all applicable federal, state, and local rules pertaining to such
closure, and shall provide documentation of certified closure to Licensee within forty-five (45)
days of closure. Failure to timely and properly remove the monitoring well, and/or related
personal property and equipment within the said thirty day notice period shall be deemed an
abandonment thereof and Licensor shall be entitled to remove such property, at Licensee's sole
cost and expense.
3
10. Insurance: Licensee shall maintain one or more policies of insurance pertaining to
Licensee's use of the License Area, covering all perils from the activities of Licensee, its agents,
employees, officers, contractors, and invitees, including general commercial liability, automobile
liability, pollution liability, worker's compensation and employer's liability, personal injury and
property damage, with the premiums thereof fully paid in advance, issued by and binding upon a
solvent insurance company acceptable to Licensor, such insurance to name Licensor as an
additional insured. Licensee will maintain at a minimum the following insurance with limits of
liability not less than $1,000,000 for any one occurrence with a policy aggregate of $2,000,000.
Licensee's insurance will include contractual liability coverage recognizing this Agreement,
products and completed operations liability and providing that Licensor shall be given a
minimum of sixty (60) days written notice by the insurance company prior to cancellation,
termination, or change in such insurance. Licensee shall ensure that its agents, consultants,
contractors, and subcontractor's satisfy the insurance requirements set forth herein.
A. Comprehensive General Liability: to include (i) Licensor as an additional insureds for all
activities arising out of Licensee's Monitoring Well Activities; (ii) coverage for
completed operations; liability from sudden and accidental discharges, disposal, releases
or escapes of contaminants or pollutants; contractual liability; and underground,
explosion and collapse hazards; and (iii) waivers of subrogation in favor of Licensor.
B. Errors and Omissions: combined single limit for bodily injury and property damage of
$1,000,000 for each occurrence and policy aggregate.
C. Pollution Liability: combined single limit for bodily injury, death and property damage
of $1,000,000 per occurrence and $1,000,000 per person and $1,000,000 policy
aggregate, such policy to include Licensor as an additional insured for all activities
arising out of Licensee's Monitoring Well Activities.
D. Worker's Compensation and Employer's Liability: combined single limit of $1,000,000
with a policy aggregate of $1,000,000, with a waiver of subrogation in favor of Licensor.
Licensee shall furnish a certificate of insurance to Licensor as evidence of the maintenance of
insurance coverage required hereunder prior to Licensee being entitled to have access to the
License Area. All certificates of insurance must include a clause stating that the insurance policy
must not be canceled, not renewed, reduced, restricted, or otherwise limited until thirty (30) days
a
after the Licensor has received (a) written notice as evidenced by a return receipt of certified
mail, and (b) certificates of insurance evidencing equivalent substitute insurance.
11. Indemnification: Licensee shall indemnify and hold Licensor, its officers, employees,
attorneys, agents, successors and assigns, and the principals and/or beneficiaries for whom
Licensor is acting, harmless from and against all and any actual or alleged claims, demands,
damages, losses, liabilities, costs or expenses (including, without limitation, attorney's fees)
arising from or incurred in connection with (i) any injury to person or damage to property caused
by any act, omission or neglect of Licensee, Licensee's agents, servants, employees, customers
or invitees; (ii) Licensee's use of the License Area; (iii) any activity, work or thing done,
permitted or suffered by Licensee in or about the License Area; and (iv) from and against any
and all liability, cost and expense (including, without limitation, attorneys' fees and expenses of
any of the Licensor) arising from the handling, transportation, treatment, storage or disposal of
samples of environmental media generated by Licensee and/or its consultants, contractors,
engineers, and agents in connection with performing any of the Monitoring Well Activities
pursuant to this Agreement. The terms and provisions of this Paragraph 11 shall survive the
termination and/or expiration of this Agreement. THIS INDEMNITY SHALL APPLY
REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED
TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LICENSOR
OR LICENSOR'S AGENTS, FROM STRICT LIABILITY OF ANY SUCH PERSON OR
OTHERWISE, BUT IN SUCH EVENT LICENSEE SHALL NOT BE RESPONSIBLE
FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE
NEGLIGENCE OR STRICT LIABILITY OF LICENSOR OR LICENSOR'S AGENTS.
Licensee must, at its own expense, investigate all claims and demands, attend to their settlement
or other disposition, defend all actions based thereon using counsel satisfactory to the City
Attorney, and pay all attorney's fees and all other costs and expenses of any kind arising from
any aforesaid liability, damage, loss, claims, demands or actions.
12. Vacation, Abandonment or Transfer of License Area by Licensor. In the event
that Licensor elects to vacate, abandon or transfer the License Area, Licensor shall provide
Licensee with a minimum of thirty (30) days written notice thereof, at the address herein
provided for notices. Immediately upon receipt of such written notice of vacation, abandonment
or transfer, Licensee shall close the monitoring well in accordance with all applicable federal,
state, and local rules pertaining to such closure, and shall provide documentation of certified
closure to Licensor within forty-five (45) days of closure.
5
13. Assignment. Subject to the notice provisions set forth in Section 12 above, Licensor
may freely transfer its interest in the License Area and in this Agreement at any time. Licensee
may not at any time transfer or assign all or any portion of the rights granted to Licensee herein.
14. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepard,
and it is deemed received on the day faxed or hand delivered, and on the third day after deposit if
sent via certified mail. Notice must be sent as follows:
To Licensor:
City of Georgetown, Texas
Georgetown Utility Services
Attn: Systems Engineering Manager
P.O. Box 409
Georgetown, Texas 78627
Phone: (512) 930-2572
Fax: (512) 930-3555
To Licensee:
ESA Specialists of America, Inc,
50 Briar Hollow Lane, East Tower
Suite 300
Houston, Texas 77027
Phone:
Any changes in address for notice must be provided to the other party in writing.
15. Eminent Domain. If eminent domain is exerted on the License Area by a paramount
authority, then the Licensor shall, to the extent permitted by law, cooperate with Licensee to
effect the removal of the monitoring well, at Licensee's sole cost and expense,
16. Venue and Governing Law. Venue for all lawsuits involving this Agreement shall be
Williamson County, Texas. This Agreement shall be construed in accordance with the laws of
the State of Texas.
17. Default. If Licensee fails to provide certificates of insurance, maintain the License Area,
or to comply with any other term or condition of this Agreement, then the Licensor shall give the
Licensee thirty (30) days written notice of the alleged failure. Licensee will have thirty (30) days
0
of mailing of such written notice to cure the alleged default, and if Licensee does not remedy the
default in that same thirty (30) day period, Licensor shall have the right, but not the obligation, to
remedy the default or to remove the monitoring well, and all costs and expenses of such actions
to be the exclusive responsibility and liability of Licensee. Either party may waive any default
of the other party at any time without affecting or impairing any right arising from any
subsequent or other default.
18. Compliance with Laws. Licensee covenants that all construction, installation, repair,
maintenance, and removal of the monitoring well and associated appurtenances, and the disposal
of all materials generated during such activities, shall be done in compliance with all applicable
federal, state, and local laws, ordinances, and regulations now existing or in effect in the future.
19. Bindine Effect: The terms, provisions and covenants contained in this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective successors and
assigns.
EXECUTED TO BE EFFECTIVE
ATTEST:
0
LICENSOR:
CITY OF GEORGETOWN, TEXAS
P.O. Box 409, Georgetown, Texas 78627
Sandra D. Lee, City Secretary By:
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
Gary Nelon, Mayor
ACKNOWLEDGEMENT
This instrument was acknowledged before me on this _ day of ,
2006, by Gary Nelon, Mayor of the City of Georgetown, a Texas home -rule municipal
corporation, on behalf of said corporation.
Notary Public, State of T E X A S
7
Council Meeting Date: August 8.2006 Item No.
AGENDA ITEM COVER SHEET
SUB ECT:
Consideration and possible action authorizing a Donation Agreement with Richard and
Barbara Pearce for their donation of an easement in connection with the Southfork
Wastewater Interceptor project
ITEM SUMMARY:
Dr. and Mrs. Richard Pearce have agreed to donate a 0.098 -acre easement to the City for the
installation and maintenance of a wastewater line along the north boundary of their
property along the south bank of the South San Gabriel River, in connection with the
Southfork Wastewater Interceptor Project. Attached is the proposed Donation Agreement.
STAFF RECOMMENDATION:
Recommend approval.
ATTACHMENTS:
Proposed Donation Agreement
Submitted By:
Jim Briggs, Assistant City Patricia E. Carls, Brown & Carls, LLP
Manager for Utility Operations City Attorney
DONATION AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
The parties to this Donation Agreement are Richard Pearce and wife, Barbara
Pearce ("Donors"), whose address is 612 San Gabriel Overlook, Georgetown, Texas,
78628, and the City of Georgetown, Texas, a Texas home rule municipal corporation
("City"), whose address is P.O. Box 409, Georgetown, Texas 78627.
Donors have agreed to donate to the City and the City has agreed to accept the
donation of an exclusive easement and right-of-way (the "Easement') for the placement,
construction, operation, repair, maintenance, replacement, upgrade, rebuilding,
relocation and/or removal of utility lines and related facilities (collectively, the
"Facilities") on, over, under, and across the following described property of the Donors,
to wit:
Being a 0.098 -acre tract of land out of a 0.57 -acre tract of land described in
Volume 695, Page 347 and the called 2.85 -acre tract of land described in
Volume 635, Page 907, of the Official Records of Williamson County, Texas;
said 0.098 -acre tract being more particularly described by metes and bounds
in Exhibit "A" attached hereto and made a part hereof (the "Easement').
Subject to the terms herein set forth, Donors and the City further hereby agree as follows:
1. Donors represent and warrant to the City that they are the sole owners
in full and complete fee simple title of the Easement.
2. Donors further represent and warrant to the City that:
a. The Easement is not subject to any liens or encumbrances.
b. Donors have full and complete fee simple title to the Easement, free and
clear of all other easements, restrictions, conditions, exceptions or
reservations.
c. There are no lawsuits pending or, to the best of Donors' knowledge,
threatened, against or involving Donors or the Easement.
Pearce Donation Agreement
Page 1 of 4
d. There are no pending or threatened claims, condemnations, planned
public improvements, annexation, special assessments, zoning or
subdivision changes, or other adverse claims affecting the Easement.
e. The Easement has not been used as a land fill or for the storage or
disposal of any hazardous or toxic materials.
f. There are no third parties in possession of any portion of the Easement as
lessees, tenants at sufferance, or trespassers; there are no leases, licenses
or other agreements relating to the use, occupancy or possession of the
Easement.
g. The signatories to this Agreement have the authority to execute this
Agreement on the terms herein set forth and to give, grant and convey
the Easement to the City pursuant hereto.
3. All representations herein set forth shall expressly survive the conveyance of
the Easement to the City.
4. Donors hereby agree, on even date herewith, to give, grant, and convey an
Easement to the City in the form attached hereto as Exhibit "B".
5. Donors and the City agree that the value of the Easement is ONE
THOUSAND ONE HUNDRED TWENTY-SEVEN DOLLARS ($1,127.00).
6. To the extent necessary, Donors agree, prior to or concurrently with the
delivery of the Easement, to execute and record in the Official Public
Records of Williamson County, an instrument expressly exempting the
Easement from the provisions of any restrictive covenants affecting the
Subdivision of which the Easement is a part.
7. At the election and expense of the City, the City may obtain an Owner's Title
Policy over the Easement in the amount of the agreed value, insuring the
City's record title to the Easement to be good and indefeasible, which policy
shall be subject only to the standard exceptions to title; provided that. (i)
Donors shall, upon request of City, provide an affidavit sufficient to remove
from the policy the exception as to "the rights of parties in possession", and
(ii) the City may elect to furnish a current on the ground survey and to pay
the additional policy premium required to delete the "survey exception'
from the policy, to the extent permitted by applicable title insurance rules.
8. Donors shall deliver the executed Easement to the City and sole possession
of the Easement to the City upon acceptance by the City Council of this
Agreement.
Pearce Donation Agreement
Page 2 of 4
EXECUTED as of 12C)6.
CITY:
City of Georgetown, Texas
M
Gary Nelon, Mayor
Address:
City Hall
113 E. 81" Street
Georgetown, Texas 78626
Telephone: (512) 930-3723
ATTEST:
Sandra D. Lee
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Pearce Donation Agreement
Page 3 of 4
DONORS:
Richard Pearce and wife, Barbara Pearce
Imo/ (2e""
Richard Pearce
I
Barbara Pearce
Address:
612 San Gabriel Overlook East
Georgetown, Texas 78628
Telephone: (512) 863-2186
STATE OF TEXAS
COUNTY OF WILLIAMSON
This ingtument was acknowledged before me on this the (?t- day of
141A 2006, by Richard Pearce.
Tensa ower calharn
Notary Public, State of Tem
My stop Exom: ( /l %/19r� �✓1 Gs /��l�ll
txaeeh 10. m/o ! Notary Public, State of Teas
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This trument was acknowledged before me on this the day of
2006, by Barbara Pearce.
1�\1r1ib Tensa alner Calhoul
Notary Public, State of Tuna
My ComrMsabn E�Msa:
March 10. 7010
AFTER RECORDING, RETURN TO:
AFTER RECORDING RETURN TO:
City of Georgetown Mail Slot or
Tem Calhoun
Georgetown Utility Systems
300 Industrial Avenue
Georgetown, TX 78626
Pearce Donation Agreement
Page 4 of 4
Notary Public, State of Texas
METES AND BOUNDS DESCRIPTION
BEING A 0.098 -ACRE TRACT OF LAND SITUATED IN THE CLEMENT
STUBBLEFIELD SURVEY, ABSTRACT NO. 558, WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THE CALLED 0.57 -ACRE TRACT OF LAND
DESCRIBED IN VOLUME 695, PAGE 347 AND THE CALLED 2.85 -ACRE
TRACT OF LAND DESCRIBED IN VOLUME 635, PAGE 907 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, BOTH TRACTS BEING
CONVEYED TO RICHARD PEARCE AND WIFE, BARBARA PEARCE, SAID
0.098 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE at a 1/2" iron rod found monumenting the
most southerly corner of said 0.57 -acre Pearce tract, same
being a point in the easterly boundary line of the said 2.85 -
acre Pearce tract, same being on the lower northwest corner of
Lot 1, Block A, South Fork Apartments, a subdivision recorded
in Cabinet F, Slides 341-342 of the Plat Records of Williamson
County, Texas; [Bearing Basis for this description: NAD -
83(1993), Texas Central (4203), State Plane]
THENCE with the easterly boundary line of said 0.57 -acre
Pearce tract, same being the westerly boundary line of said
South Fork Apartments subdivision, N25°28'21"E for a distance
of 215.14 feet to a capped 1/2" iron set stamped "Diamond
Surveying" monumenting the most southerly corner and POINT OF
BEGINNING hereof;
THENCE in part, through the interior of said 0.57 -acre Pearce
tract, and in part through the interior of said 2.85 -acre
Pearce tract, N60014132"W at a distance of 244.14 feet pass a
calculated point in the easterly boundary line of said 2.85 -
acre Pearce tract, same being a calculated point in the
westerly boundary line of said 0.57 -acre Pearce tract,
continuing for a total distance of 249.69 feet to a capped
1/2" iron set stamped "Diamond Surveying" monumenting the most
westerly corner hereof and being on a point in the northerly
boundary line of said 2.85 -acre Pearce tract, same being a
point in the southerly boundary line of Wolf Ranch Subdivision
as recorded in Cabinet Y, Slides 112-115 of said Plat Records,
same being a point in the present centerline of the South San
Gabriel River, and from which a 1/2" iron rod found on the
southwest corner of said 2.85 -acre Pearce tract bears
S82047'09"W a distance of 15.81 feet and S15°01146"W a
distance of 564.29 feet;
THENCE with the said southerly boundary line of Wolf Ranch
Subdivision, same being the said centerline of the South
San Gabriel River, in part with the said northerly boundary
line of the 2.85 -acre Pearce tract and in part with the
northerly boundary line of said 0.57 -acre Pearce tract, the
following two (2) courses and distances:
1) N82"47109"8 at a distance of 3.63 feet pass a calculated
point in the easterly boundary line of said 2.85 -acre
Pearce tract, same being a calculated point in the
westerly boundary line of said 0.57 -acre Pearce tract,
continuing for a total distance of 8.86 feet to a capped
1/2" iron rod set stamped "Diamond Surveying" monumenting
an angle point in the northerly boundary line hereof;
2) 570'5910411E for a distance of 78.72 feet to a capped 1/2"
iron rod set stamped "Diamond Surveying" monumenting an
angle point in the northerly boundary line hereof;
THENCE through the interior of said 0.57 -acre Pearce tract,
S60°1413211L for a distance of 163.77 feet to a capped 1/2"
iron rod set stamped "Diamond Surveying" monumenting the most
northeasterly corner hereof, same being on a point the
easterly boundary line of said 0.57 -acre Pearce tract, same
being on a point in the westerly boundary line of said South
Fork Apartments subdivision;
THENCE with the easterly boundary line of said 0.57 -acre
Pearce tract, same being the westerly boundary line of said
South Fork Apartments subdivision, S25°2812111W for a distance
of 20.06 feet to the POINT OF BEGINNING hereof and containing
0.098 acre of land, more of less.
<>DIAMOND SURVEYING, INC.
P.O. BOX1937 GEORGETOMV 7X78627
(512) 9JIJIOV
SHANE SHAFER, %t.P.L.S.
PEARCE TRACT
K
N:
..��:Aqo5281
SUR'
DATE
SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION
FOR A 0.098 -ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 0.57 -ACRE TRACT OF LAND DESCRIBED IN VOLUME 695,
PAGE 347 AND THE CALLED 2.85 -ACRE TRACT OF LAND DESCRIBED IN VOLUME 635 PAGE 907 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, BOTH TRACTS BEING CONVEYED TO RICHARD PEAPCE AND WIFE, BARBARA PEARCE.
O = CAPPED IRON ROD SET
• = 1/2' IRON ROD FOUND
(UNLESS OTHERWISE NOTED)
A = CALCULATED POINT
T.C.E. = TEMPORARY
CONSTRUCTION EASEMENT
S
qkD ERCY e
CE .S'o -59'04N F� SpU� SAN ELF RANCH Sv
tRIEC 01W, Sl0A(
NUM
DISTANCE
BEARING
L1
20.06'
S25 28'21"W
L2
8.86'
N82'47'09'E
L3
5.55'
N60'14'32'W
L4
3.63'
N82'47'090E
L5
5.22'
N82'47 09 E
L6
22.86'
S2528'21 *W
L7
15.81'
S8247'09"W
SCALE: 1"= 40'
\ N60-1
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p sem'. • ~.. �.tiA,�:
j
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� REC
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PO
0 80(#40 Y UNf \ \ \ \ \
347 \
RICHARD PEARCE &
WIFE, BARBARA PEARCE
VOL. 635, PG. 907
CALLED 2.85 ACRES
NOTES,
1) BEARING BASIS -
NAD -83(1993), TEXAS CENTRAL (4203),
STATE PLANE.
2) ALL DOCUMENTS LISTED HEREON ARE
RECORDED IN THE OFFICE OF THE
COUNTY CLERK OF WILLIAMSON COUNTY,
TEXAS.
RICHARD PEARCE &
WIFE, BARBARA PEARCE
VOL. 695, PG. 347
CALLED 0.57 ACRES
MOST SOUTHERLY CORNER OF
VOL 695, PG. 347
BEGIN FOR REFERENCE,
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby
certify that this plat represents a survey made on the ground under my direct
supervision, completed on May 14, 2006. At the time of this survey there were no
encroachments, confUcts, or protrusions apparent on the ground, EXCEPT AS SHOWN.
This survey was performed without benefit of title report. USE OF THIS SURVEY FOR ANY
PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SURVEYOR AND
DIAMOND SURVEYING, INC. IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
(rc�••
P F
pF-6l� RFS •: S
SHANE SHAFER
,�'•.A 5281 _
SU
PEARCE TRACT
�' � > DIAMOND SURVEYING,
—__------ --------------------------_ -- P.O. BOX 19V, GP.ORGUMO ,TX 796"
SHANE SHAF R P L S NO 5281 DATE19s1'aloo
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VOL 695, PG. 347
BEGIN FOR REFERENCE,
I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby
certify that this plat represents a survey made on the ground under my direct
supervision, completed on May 14, 2006. At the time of this survey there were no
encroachments, confUcts, or protrusions apparent on the ground, EXCEPT AS SHOWN.
This survey was performed without benefit of title report. USE OF THIS SURVEY FOR ANY
PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SURVEYOR AND
DIAMOND SURVEYING, INC. IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
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SHANE SHAFER
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PEARCE TRACT
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—__------ --------------------------_ -- P.O. BOX 19V, GP.ORGUMO ,TX 796"
SHANE SHAF R P L S NO 5281 DATE19s1'aloo
EXMIT "B"
I�Ia7au(QeliyYI�Y11`iDUN Dily, Iola III
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
181411 LOr'&o&AIf10n6kifWl
This Agreement (this "Agreement") is made on the _ day of 2006,
at Georgetown, Texas, between Richard Pearce and wife, Barbara Pearce, whose address is
612 San Gabriel Overlook East, Georgetown, Texas 78628 (hereinafter referred to as
"Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose
address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein
referred to as "Grantee").
For the good and valuable consideration described in Paragraph 2 below, Grantor
hereby GRANTS, DONATES and CONVEYS to Grantee, its successors and
assigns, an exclusive easement and right-of-way (the "Easement") for the
placement, construction, operation, repair, maintenance, replacement, upgrade,
rebuilding, relocation and/or removal of utility lines and related facilities
(collectively, the "Facilities") on, over, under, and across the following described
property of the Grantor, to wit:
Being all that certain tract, piece or parcel of land lying and being
situated in the County of Williamson, State of Texas, being more
particularly described by metes and bounds and by diagram in
Exhibit A attached hereto and made a part hereof for all purposes
(herein sometimes referred to as the "Easement Area" or the
"Property").
2. The Easement and the rights and privileges herein conveyed, are hereby
DONATED, GRANTED and CONVEYED 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.
3. The duration of the Easement is perpetual.
4. 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.
5. 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.
6. In addition to the Easement, rights, and privileges herein granted, Grantee shall
have the temporary right to use the surface of the 0.056 acre tract of land owned by
Grantor adjacent to the Easement and depicted on the diagram attached hereto as
Exhibit A (the "Temporary Easement Area") to the extent necessary to construct
and install the Facilities within the Easement Area. Upon the completion of such
construction and installation, Grantee shall restore the surface of the Temporary
Easement Area to the condition in which the same was found before any such work
was undertaken. Grantee's right to use the Temporary Construction Easement shall
terminate for all purposes, upon completion of the project or two (2) years from the
date of execution hereof, whichever occurs fust.
unuff EASEMENT Page 1 or 2
METES AND BOUNDS DESCRIPTION
BEING A 0.098 -ACRE TRACT OF LAND SITUATED IN THE CLEMENT
STUBBLEFIELD SURVEY, ABSTRACT NO. 558, WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THE CALLED 0.57 -ACRE TRACT OF LAND
DESCRIBED IN VOLUME 695, PAGE 347 AND THE CALLED 2.85 -ACRE
TRACT OF LAND DESCRIBED IN VOLUME 635, PAGE 907 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, BOTH TRACTS BEING
CONVEYED TO RICHARD PEARCE AND WIFE, BARBARA PEARCE, SAID
0.098 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE at a 1/2" iron rod found monumenting the
most southerly corner of said 0.57 -acre Pearce tract, same
being a point in the easterly boundary line of the said 2.85 -
acre Pearce tract, same being on the lower northwest corner of
Lot 1, Block A, South Fork Apartments, a subdivision recorded
in Cabinet F, Slides 341-342 of the Plat Records of Williamson
County, Texas; (Bearing Basis for this description: NAD -
83(1993), Texas Central (4203), State Plane]
THENCE with the easterly boundary line of said 0.57 -acre
Pearce tract, same being the westerly boundary line of said
South Fork Apartments subdivision, N25°28121"E for a distance
of 215.14 feet to a capped 1/2" iron set stamped "Diamond
Surveying" monumenting the most southerly corner and POINT OF
BEGINNING hereof;
THENCE in part, through the interior of said 0.57 -acre Pearce
tract, and in part through the interior of said 2.85 -acre
Pearce tract, N60°14132"W at a distance of 244.14 feet pass a
calculated point in the easterly boundary line of said 2.85 -
acre Pearce tract, same being a calculated point in the
westerly boundary line of said 0.57 -acre Pearce tract,
continuing for a total distance of 249.69 feet to a capped
1/2" iron set stamped "Diamond Surveying" monumenting the most
westerly corner hereof and being on a point in the northerly
boundary line of said 2.85 -acre Pearce tract, same being a
point in the southerly boundary line of Wolf Ranch Subdivision
as recorded in Cabinet Y, Slides 112-115 of said Plat Records,
same being a point in the present centerline of the South San
Gabriel River, and from which a 1/2" iron rod found on the
southwest corner of said 2.85 -acre Pearce tract bears
S82°47'09"W a distance of 15.81 feet and S15001'46"W a
distance of 564.29 feet;
EXHIBIT
3
THENCE with the said southerly boundary line of Wolf Ranch
Subdivision, same being the said centerline of the South
San Gabriel River, in part with the said northerly boundary
line of the 2.85 -acre Pearce tract and in part with the
northerly boundary line of said 0.57 -acre Pearce tract, the
following two (2) courses and distances:
1) N82°47109"E at a distance of 3.63 feet pass a calculated
point in the easterly boundary line of said 2.85 -acre
Pearce tract, same being a calculated point in the
westerly boundary line of said 0.57 -acre Pearce tract,
continuing for a total distance of 8.86 feat to a capped
1/2" iron rod set stamped "Diamond Surveying" monumenting
an angle point in the northerly boundary line hereof;
2) S70°59'04"E for a distance of 78.72 feat to a capped 1/2"
iron rod set stamped "Diamond Surveying" monumenting an
angle point in the northerly boundary line hereof;
THENCE through the interior of said 0.57 -acre Pearce tract,
860'14132"E for a distance of 163.77 feet to a capped 1/2"
iron rod set stamped "Diamond Surveying" monumenting the most
northeasterly corner hereof, same being on a point the
easterly boundary line of said 0.57 -acre Pearce tract, same
being on a point in the westerly boundary line of said South
Fork Apartments subdivision;
THENCE with the easterly boundary line of said 0.57 -acre
Pearce tract, same being the westerly boundary line of said
South Fork Apartments subdivision, S25°2812191 for a distance
of 20.06 feet to the POINT OF BEGINNING hereof and containing
0.098 acre of land, more of less.
<>DLiMOND SURVEYING, LVC.
P.O. BOX 1937 GEORGETOWN, TX 78617
(512)9.11-3100
57-/5-.
SHANE SHAFER, jt.P.L.S. NO. 5281 DATE
PEARCE TRACT
Vj
SHANE SHAFER
........................
.-.4 5281 '-
SU
SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION
FOR A 0.098 -ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558,
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE CALLED 0.57 -ACRE TRACT OF LAND DESCRIBED IN VOLUME 695,
PAGE 347 AND THE CALLED 2.85 -ACRE TRACT OF LAND DESCRIBED IN VOLUME 635, PAGE 907 OF THE DEED RECOFDS
OF WIWAMSON COUNTY, TEXAS, BOTH TRACTS BEING CONVEYED TO RICHARD PEARCE AND WIFE, BARBARA PEARCI.
O = CAPPED IRON ROD SET
• = 1/2' IRON ROD FOUND
(UNLESS OTHERWISE NOTED)
A = CALCULATED POINT
T.C.E. = TEMPORARY
CONSTRUCTION EASEMENT
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DISTANCE
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525'28'21"W
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N82.4709"E
L3
5.55'
N60'1,0rW
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3.63'
N82'47'09"E
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5.22'
N82'47 09 E
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22.86'
525'28'21'W
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\� RECORD
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RICHARD PEARCE &
WIFE, BARBARA PEARCE
VOL. 635, PG. 907
CALLED 2.85 ACRES
NOTESt
1) BEARING BASIS.
NAD -83(1993), TEXAS CENTRAL (4203),
STATE PLANE.
2) ALL DOCUMENTS LISTED HEREON ARE
RECORDED IN THE DFFICE OF THE
COUNTY CLERK OF WILLIAMSON COUNTY,
TEXAS.
RICHARD PEARCE &
WIFE, BARBARA PEARCE
VOL. 695, PG. 347
CALLED 0.57 ACRES
✓SRS,
MOST SOUTHERLY CORNER OF
VOL 695, PG. 347
BE(M FOR REFERENCE.
I, Shane Shafer, Registered Professional Land Surveyor M the State of Texas, hereby
certify that this plat represents a survey made on the ground under my direct
supervision, completed on May 14, 2006. At the time of this survey there were no
encroachments, conflicts, or protrusions apparent on the ground, EXCEPT AS SHOWN.
This survey was performed without benefit of title report. USE OF THIS SURVEY FOR ANY
PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SURVEYOR AND
DIAMOND SURVEYING, INC. IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
PEARCE TRACT
�� S_oG < > DIAMOND SURVEYING,
---------- ----------------------------- P.O. BOA 1939, GBORGBT .TX 78617
SHANE SHAF , R.P.L.S. NO. 5281 DATE (5.)931-31«•
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MOST SOUTHERLY CORNER OF
VOL 695, PG. 347
BE(M FOR REFERENCE.
I, Shane Shafer, Registered Professional Land Surveyor M the State of Texas, hereby
certify that this plat represents a survey made on the ground under my direct
supervision, completed on May 14, 2006. At the time of this survey there were no
encroachments, conflicts, or protrusions apparent on the ground, EXCEPT AS SHOWN.
This survey was performed without benefit of title report. USE OF THIS SURVEY FOR ANY
PURPOSE BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SURVEYOR AND
DIAMOND SURVEYING, INC. IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
PEARCE TRACT
�� S_oG < > DIAMOND SURVEYING,
---------- ----------------------------- P.O. BOA 1939, GBORGBT .TX 78617
SHANE SHAF , R.P.L.S. NO. 5281 DATE (5.)931-31«•