HomeMy WebLinkAboutRES 062309-F - Whitetail PUE AbandonRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO VACATE AND ABANDON A 20' PUBLIC
UTILITY EASEMENT AREA CONSISTING OF TWO CONTIGUOUS
PLATTED 10' EASEMENTS ALONG THE COMMON LOT LINE OF LOT
36D OF THE RESUBDIVISION OF LOT 36, WHITETAIL, A
SUBDIVISION OF RECORD IN CABINET Q, SLIDE 35, AND LOT 37-C
OF THE REPLAT OF LOT 37, WHITETAIL, A SUBDIVISION OF
RECORD IN CABINET L, SLIDE 178 (ACTUALLY 1/178), PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND LOCATED AT 400
PATRICIA ROAD.
WHEREAS, the City of Georgetown has received a request for the vacation and
abandonment of a 20' public utility easement area consisting of two contiguous platted 10'
easements along the common lot line of the above -described lots in Whitetail subdivision,
located at 400 Patricia Road, Georgetown, Texas, said 20' easement area containing 0.195
acres of land being more particularly described by metes and bounds on Exhibit "A" and
by diagram on Exhibit "B" attached hereto; and
WHEREAS, pursuant to the April 13, 2009 administrative approval of the AMENDED
PLAT OF LOT 36D OF A RESUBDIVISION OF LOT 36 WHITETAIL AND LOT 37-C OF A REPLAT OF LOT
37 WHITETAIL, a 5-acre subdivision situated in the Anastasha Carr Survey, Abstract No. 122,
Williamson County, Texas, the Property is to be abandoned, contingent on the applicant's
recordation of a Pedernales Electric Cooperative, Inc Release of Easement and a
Southwestern Bell Telephone Company Release of Easement in the Official Public Records
of Williamson County, Texas; and
WHEREAS, there are no other utilities located within the Property;
WHEREAS, upon considering the request for vacation and abandonment of the
Property, and additional information pertaining to the request, the City Council now finds
that once the above -described terms have been met, a public need for the Property will no
longer exist, and it may, therefore, be abandoned and vacated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution
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
Resolution No.
Page 1 of 2
Whitetail Public Utility Easement Abandonment
finds that this resolution implements the following policies of the 2030 Comprehensive
Plan:
4. Effective Governance
4.1 Effective, Responsive Government
B. We have created and enforced innovative, effective and fair regulatory codes and
development standards to guide and improve development quality.
The City Council further finds that the adoption of this resolution is not inconsistent or in
conflict with any other 2030 Comprehensive Plan Policies
SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deed in the
form attached hereto as Exhibit "C" abandoning and vacating the 20' public utility
easement area consisting of two contiguous platted 10' easements along the common lot
line of Lot 36D of the Resubdivision of Lot 36, Whitetail, a subdivision of record in Cabinet
Q, Slide 35, and Lot 37-C of the Replat of Lot 37, Whitetail, a subdivision of record in
Cabinet L, slide 178 (actually 1/178), Plat Records of Williamson County, Texas, and located
at 400 Patricia Road, Georgetown, Texas. The City Secretary here by is authorized to attest
thereto on behalf of the City of Georgetown. The Quit Claim Deed vacating and
abandoning the Property shall not be recorded in the Official Records of Williamson
County, Texas, until the conditions described herein have been met.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this "day of June, 2009.
CITY OF GEORGETOWN
By:
George G. Garver, Mayor
APPROVED AS TO FORM:
r
li'atricia E. Carls, Carls, McDonald & Dalrymple, LLP
City Attorney
ATTEST:
Resolution No.
Jissa Hamilton t ty City Secretary
Page 2 of 2
Whitetail Public Utility Easement Abandonment
PERIMETER DESCRIPTION FOR PUE ABANDONMENT
BEING 0.195 of an acre of land, situated in the Anastasha Carr Survey, Abstract No. 122, in the Williamson
County, Texas, said land being a portion of Lot 36 D of the Resubdivision of Lot 36, Whitetail, a subdivision of
record in Cabinet Q, Shde 35, of the Plat Records of Williamson County, Texas, said Lot 36 D having been
conveyed to Ronald S. Stites alkla Ronald Stites a/k/a Ronald Shelton Stites and spouse, Amanda Jane Stites,
avkla Amanda Stites by deed recorded as Document No. 2007067019 of the Official Public Records of
Williamson County, Texas, and being a portion Lot 37-C of the Replat of Lot 37, Whitetail, a subdivision of
record in. Cabinet L, Slide 178 (actually 1/178) of the Plat Records of Williamson County, Texas, said Lot 37-C
having been conveyed to Ronald S. Stites and wife, Amanda J. Stites, by deed recorded as Document No.
2007039521 of the Official Public Records of Williamson County, Texas. Surveyed on the ground in the month
of February, 2009, under the supervision of Brian F. Peterson, Registered Professional Land Surveyor, and
being more particularly described as follows;
BEGINNING at an iron pin found on the east line of Patricia Road, marking the Southwest corner of the above -
referenced Lot 36D an the Northwest corner of the above -referenced Lot 37-C;
"THENCE, along the said east line of Patricia Road, being the West line of the said Lot 36D, N 01°05'15" W,
10 84 feet, to apoint for the Northwest corner hereof;
THENCE, N 66°16' E, 420.71 feet, to a point for the Northeast corner hereof;
THENCE, S 23°44' E, 10.00 feet, to an iron pin found on the South line of the said Lot 36D, marking the
Northeast corner of the said Lot 37-C, and the Northwest corner of Lot 37-A, of the said Replat of Lot 37,
Whitetail, said Lot 37-A having been conveyed to Kent A. Brenneman and spouse, Marsha R. Brenneman, by
deed recorded as Document No. 2005015947 of the Official Public Records of Williamson County, Texas, and
continuing along the east line of the said Lot 37-C and the west line of the said Lot 37-A, S 23°42' 15" E, 10.00
teet, to a point for the Southeast corner hereof;
TFIENCE, S 66°16' W, 429.03 feet, to a point on the said east line of Patricia Road, being the west line of the
said Lot 37-C, for the Southwest corner hereof;
THENCE, N O1 °10' W, 10.83 feet, to the Place of BEGINNING and containing 0.195 of an acre of land.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON
1, Brian F. Peterson Registered Professional Land Surveyor, do hereby certify that this survey was made on the
ground of the property legally described here on and is correct, and there are no apparent discrepancies,
conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the
accompanying plat, to the best of my knowledge and belief //
I o certify which, witness my hand and seal at Georgetown, Williamson County, Texas, this they 1.
day of z79?-i/c i , 2009, A.D.
Brian F. Peterson
rofessional Land Surveyor, No. 3967
State of Texas
Project No. 21409 — 0.195
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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: , 2009
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown,
Williamson County, Texas 78627
GRANTEE: Ronald S. Stites a/k/a Ronald Stites a/k/a Ronald Shelton Stites and
spouse, Amanda Jane Stites, a/k/a Amanda Stites
GRANTEE'S Mailing Address (including County): 400 Patricia Road,
Georgetown, Williamson County, Texas, 78628
CONSIDERATION: Ten Dollars (510.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING 0.195 of an acre of land situated in the Anastasha Carr
Survey, Abstract No. 122, Williamson County, Texas, said land
being a portion of Lot 36D of the Resubdivision of Lot 36,
Whitetail a subdivision of record in Cabinet Q, Slide 35, of the
Plat Records of Williamson County, Texas, said Lot 36D having
been conveyed to Ronald S. Stites a/k/a Ronald Stites a/k/a
Ronald Shelton Stites and spouse, Amanda Jane Stites, a/k/a
Amanda Stites by deed recorded as Document No. 2007067019 of
the Official Public Records of Williamson County, Texas, and
being a portion of Lot 37-C of the Replat of Lot 37, Whitetail, a
subdivision of record in Cabinet L, Slide 178 (actual 1/178) of the
Plat Records of Williamson County, Texas, said Lot 37-C having
been conveyed to Ronald S. Stites and wife, Amanda J. Stites, by
deed recorded as Document No. 2007039521 of the Official
Public Records of Williamson County, Texas; said 0.195-acre
Quitclaim. Deed Abandoning Whitetail PUE
Page 1 of 2
tract being more particularly described by metes and bounds in
Exhibit "A" and by diagram in Exhibit "B" attached hereto.
For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S
right, title, and interest in and to the above described property, to have and to hold it
to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor
GRANTOR'S successors and assigns, shall have, claim or demand any right or title to
the property or any part of it.
EXECUTED this the day of , 2009.
GRANTOR ATTEST:
CITY OF GEORGETOWN
BY:
George C;. Garver, Mayor Jessica Hamilton, Deputy City Secretary
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON )
BEFORE ME, the undersigned authority, on this date personally George G.
Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation,
known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed of said municipality, and in the
capacity therein stated.
2009.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of
APPROVED AS TO FORM:
Patricia E. Carls
Carls, McDonald & Dalrymple, LLP
City Attorney
Quitclaim Deed Abandoning Whitetail PUE
Page 2 of 2
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
PERIMETER DESCRIPTION FOR PUE ABANDONMENT
BEING 0.195 of an acre of land, situated in the Anastasha Carr Survey, Abstract No. 122, in the Williamson
County, Texas, said land being a portion of Lot 36 D of the Resubdivision of Lot 36, Whitetail, a subdivision of
record in Cabinet Q, Slide 35, of the Plat Records of Williamson County, Texas, said Lot 36 D having been
conveyed. to Ronald S. Stites a/k/a Ronald Stites a/k/a Ronald Shelton Stites and spouse, Amanda Jane Stites,
a/k/a Amanda Stites by deed recorded as Document No. 2007067019 of the Official Public Records of
Williamson County, Texas, and being a portion Lot 37-C of the Replat of Lot 37, Whitetail, a subdivision of
record in Cabinet L, Slide 178 (actually 1/178) of the Plat Records of Williamson County, Texas, said Lot 37-C
having been conveyed to Ronald S. Stites and wife, Amanda J. Stites, by deed recorded as Document No.
2007039521 of the Official Public Records of Williamson County, Texas Surveyed on the ground in the month
of February, 2009, under the supervision of Brian F. Peterson, Registered Professional Land Surveyor, and
being more particularly described as follows;
BEGINNING at an iron pin found on the east line of Patricia Road, marking the Southwest corner of the above -
referenced Lot 36D an the Northwest comer of the above -referenced Lot 37-C;
THENCE, along the said east line of Patricia Road, being the West line of the said Lot 36D, N O1°05' 15" W.
10.84 feet. to a point for the Northwest corner hereof;
Tl-IENCE, N 66°16' E, 420.71 feet, to a point for the Northeast corner hereof;
THENCE. S 23°44' E, 10.00 feet, to an iron pin found on the South line of the said Lot 36D, marking the
Northeast corner of the said Lot 37-C, and the Northwest corner of Lot 37-A, of the said Replat of Lot 37,
Whitetail, said Lot 37-A having been conveyed to Kent A. Brenneman and spouse, Marsha R. Brenneman, by
deed recorded as Document No. 2005015947 of the Official Public Records of Williamson County, Texas, and
continuing along the east line of the said Lot.37-C and the west line of the said Lot 37-A, S 23°42' 15" E, 10.00
feet, to a point for the Southeast corner hereof;
THENCE, S 66°16' W, 429.03 feet, to a point on the said east line of Patricia Road, being the west line of the
said Lot 37-C, for the Southwest comer hereof;
THENCE, N 01 ° 10' W, 10.83 feet, to the Place of BEGINNING and containing 0.195 of an acre of land.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON
1, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey was made on the
ground of the property legally described here on and is correct, and there are no apparent discrepancies,
conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the
accompanying plat, to the best of my knowledge and belief
t o certify which, witness my hand and seal at Georgetown, Williamson County, Texas, this the‘.‘:
clay of /1- 7-ite `i , 2009, A.D.
Brian F. Peterson
ofessional Land Surveyor, No. 3967
State of Texas
Project No. 21409 - 0.195
197U S AuShl I AVe,
Georgetown. TX 7E62E
N1°05'15"W
10.84'
N 1 ° 10'00"W
10.'
EXHIBIT
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STEGER
1978 S AUSTIN AVENUE
512.930.9412
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BIZZELL
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GEORGETOWN, TX 78626•
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03/09/2009