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File #: RES-0701    Version: Name: East Blackland Solar - Special Warranty Deed
Type: Resolution Status: Passed
File created: 1/22/2020 In control: City Manager Office
On agenda: 11/10/2020 Final action: 11/10/2020
Title: Approving a resolution with the caption: A resolution of the City Council of the City of Pflugerville, Texas, authorizing the acceptance of a Special Warranty Deed, described as a 1-acre tract of land situated out of the J.P. Kempe Survey No. 27, Abstract No. 462, and being a portion of a 186.629 acre tract of land conveyed to East Blackland Solar Project 1 LLC by deed recorded in Document No. 2018102864 of the Official Public Records of Travis County, Texas, and directing the City Manager and City Attorney, or their respective designees, to take all necessary actions to complete the land conveyance to the City; and providing an effective date.
Attachments: 1. Resolution, 2. Exhibit A - Special Warranty Deed, 3. Locator Map

Title

Approving a resolution with the caption: A resolution of the City Council of the City of Pflugerville, Texas, authorizing the acceptance of a Special Warranty Deed, described as a 1-acre tract of land situated out of the J.P. Kempe Survey No. 27, Abstract No. 462, and being a portion of a 186.629 acre tract of land conveyed to East Blackland Solar Project 1 LLC by deed recorded in Document No. 2018102864 of the Official Public Records of Travis County, Texas, and directing the City Manager and City Attorney, or their respective designees, to take all necessary actions to complete the land conveyance to the City; and providing an effective date.

 

Summary

On June 9, 2017, the City entered into a Non-Annexation Development Agreement with the owner of the subject property pursuant to State law guaranteeing ETJ status provided it meets the terms of the development agreement. The agreement was subsequently amended and restated in November of 2017 with the execution of a joinder in May of 2019. An extension for the completion of the project is for consideration on this agenda as well. The extension also specifies that the property would be granted to the city within 60 days of completion.

 

Per Section 8(b) of the Amended and Restated Non-Annexation Development Agreement, the property owner agrees to convey a 1-acre tract of land to the City and mow the site.

 

The City Attorney has reviewed the Special Warranty Deed.

 

Prior City Council Action

N/A

 

Deadline for City Council Action

Action is requested to coincide with the approval of the Resolution extending the project completion of the solar farm for one year.

 

Funding Expected: Revenue __  Expenditure __  N/A X

Budgeted Item: Yes __ No __  N/A X                     

Amount: __X______ 

1295 Form Required? Yes __ No X                     

Legal Review Required: N/A __ Required _X_ Date Completed: __4/2/2020_________

 

Supporting documents attached:

Resolution

Special Warranty Deed

Locator Map

 

Recommended Action

Approve the resolution authorizing the acceptance of the Special Warranty Deed and directing the City Manager and the City Attorney to take all necessary actions to complete the land conveyance to the City.