HomeMy WebLinkAboutRES 011309-G - Quit Claim Deed VacateRESOLUTION NO. 01 I
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 0.736-ACRE
DRAINAGE EASEMENT DESCRIBED IN DOCUMENT NO. 2007095554
OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND LOCATED NEAR THE INTERSECTION OF BUSINESS 35 (SOUTH
AUSTIN AVE.) AND THE GEORGETOWN INNERLOOP.
WHEREAS, the City of Georgetown has received a request for the vacation and
abandonment of a Drainage Easement described in Document No. 200709554 of the Official
Records of Williamson County, Texas, and located at Business 35 (South Austin Ave. and
the Georgetown Innerloop (the ' Property"), as shown on the attached Exhibit "A"; and
WHEREAS, pursuant to the City Council's approval of the Preliminary Plat of
Proposed Georgetown South Industrial Park on August 20, 2008, the Property is to be
abandoned, contingent on the applicant's conveyance of a replacement drainage easement
and the construction and or bonding of the required drainage improvements; 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
finds that this resolution implements the following policies of the 2030 Comprehensive
Plan:
Resolution No
Drainage Easement Abandonment
Page 1 of 2
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 "B" abandoning and vacating the Drainage Easement
recorded in Document No. 2007095554 of the Official Records of Williamson County, Texas,
contingent on the conveyance of a replacement drainage easement acceptable by the City
Attorney and either construction or bonding of the necessary drainage improvements
acceptable to the City Drainage Engineer. The City Secretary 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 and approved by the Drainage Engineer and
City Attorney, respectively.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this
CITY OF GEORGETOWN
George G. Garver, Mayor
APPROVED AS TO FORM:
Patricia E Carls, City Attorney
Resolution No.
Drainage Easement Abandonment
ATTEST:
2009.
,
a Hamilton,
eputy City Secretary
Page 2 of 2
EXHIBIT "A"
1 LA7T�lF SLRVEI FOR
DRAINAGE
\AGE IASE,MEN t
25' x 400' Channel Esm't. to
The State of Texas
Vol. 269, Pg. 349
D.R.W.C.
\ LEWIS J,
SEA \
Aco
Coiled 71.137 Acres
David Seto OE Shocuan Sharon Seto
Doc. ¢ 2007008548
O.P.R,W.C.
Proposed Lot I
4.77 Acres
P.4.R. P
Dr roAos
ipat
� most
N ;<33
54 Q@1•9" F
P.O.B
Called 5.448 Acres
Lot !
Block "A"
THE STATE OF TEXAS)
COUNTY OF BURNET)
co
(&off'"?).-
'� �� \
+0
/ State Plane North
City of Georgetown,
/Williamson County, Texas
1"= 200'
DYCHES/SURVEY
LEGEND
%i'
P.O.B.
P.O.R.
P.R.B.C.
/ ' IRON ROO FOUND
CALCULATED POINT
POINT OF BENGINNING
POINT OF REFERENCE
PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS,
WILLfAMSON COUNTY. TEXAS
ABSTRACT, NO. 180
Proposed
Georgetown South
Industrial Park
(Preliminary Plat)
Approved
3
C7
Proposed Lot 2
2.13 Acres
40'
S 71'39144" E
35.17'
Resubdivision of Lot I, Block "A"
Inner Loop Commercial Park
Section Four
Cab. T, SI. 344-345
P.R.W.C.
Proposed Lot 3
2.05 Acres
1
Coiled 4.000 Acres
Lot 2
Block "A"
/
I, Jerry E. Halligan, a Registered Professional Land Surveyor, do hereby certify that the survey I prepared shown
hereon is true and correct to the best of my knowledge and belief and that the property shown hereon was
determined by a survey made on the ground under my direction and supervision
TO CERTIFY WHICH, WITNESS my hand and seal at Burnet, Burnet County, Texas, this the
day of September 2007', A.D.
E H .ligan
to ed\Protcssional land Surveyor
Texas Registration No. 3819
127 Whippoorwill i a.ne
Burnet, Texas 78611
OF
�5++e9ti
..JeERY EWaN
c—' 3819rat
°05+10
j;ESS0TUS*14
yy
0
RVE TABLE
UMBER
C1
Called 5.546 Acres
Lot 3
Block "A"
LINE TABLE
NUMBER
L1
CHORD DIRECTION
N 16'59'48" 'w
S 76'55'32" E
N 71'39'44
DISTANCE
24.53
72,29
40.06
CHORD DIRECTION
S 60'11'25" E
C2 S 44'45'30
RADIUS
400.00
480.00
ARC LENGTH
233.67
21.84
CHORD LENGTH
230.36
2
84
EXHIBIT "B"
Form of
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: South Austin Avenue Professional Building, L.L.C., a Texas
limited liability company
GRANTEE'S Mailing Address (including County): 418 Dove Hollow,
Georgetown, Williamson County, Texas, 78628
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING a 0.736 acre drainage easement conveyed to the City of
Georgetown by David and Shacuan Seto on the 31st day of
October, 2008, by instrument entitled "Drainage Easement"
recorded in Document No. 2007095554 of the Official Records of
Williamson County, Texas; said 0.736 acres drainage easement
being more particularly described by metes and bounds and
sketch in Exhibit "A" 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
Quitclaim Deed Abandoning Drainage Easement
Page 1 of 2
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 G. 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2009.
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
AFTER RECORDING, RETURN TO:
City Secretary
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Quitclaim Deed Abandoning Drainage Easement
Page 2 of 2
Notary Public, State of Texas
rage 1 of 3
0.736 Acre
Drainage Easement
EXHIBIT "A"
FIELD NOTE DESCRIPTION
OF A 0.736 ACRE TRACT OF LAND FOR DRAINAGE EASEMENT BEING SITUATED
IN THE LEWIS J. DYCHES SURVEY, ABSTRACT NO 180, WILLIAMSON COUNTY,
TEXAS, BEING OUT OF AND A PART OF A CALLED 71 137 ACRE TRACT OF LAND
CONVEYED TO DAVID SETO AND SHACUAN SHARON SETO BY INSTRUMENT
RECORDED IN DOCUMENT NUMBER 2007008548, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS. SAID 0.736 ACRE DRAINAGE EASEMENT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point on the north line of a Proposed 0.406-acre Private Drainage Easement,
this day surveyed, being 50.00 feet north of the north line of Lot 1, Resubdivision of Lot 1, Block "A", Inner
Loop Commercial Park, Section Four, a subdivision recorded in Cabinet T, Slides 344-345, Plat Records
of Williamson County, Texas, and from which point a A" iron rod found for the most northerly northwest
corner of said Lot 1, Block "A" bears S 21°33'19" W a distance of 50.08 feet and N 71°39'44° W a
distance of 255.00 feet;
THENCE over and across said 71.137-acre Seto tract and Proposed Lot 1, of the Proposed Georgetown
South Industrial Park, currently having approved Preliminary Plat status with the City of Georgetown, N
21°33'19" E for a distance of 347.44 feet to a calculated point for an angle point in the west line of the
herein described tract;
THENCE continuing over and across said 71.137 Seto tract and Proposed Lot 1, N 54°42'43" W for a
distance of 271.96 feet to calculated point at the approximate southwest corner of a 25' x 400' Channel
Easement granted to The State of Texas by instrument recorded in Volume 239, Page 349, Deed
Records of Williamson County, Texas, and being angle point in the west line of the herein described tract;
THENCE continuing over and across said 71.137-acre Seto tract and Proposed Lot 1, with the west line
of said State of Texas channel easement, N 16°59'48" W a distance of 24.53 feet to a calculated point on
the south right-of-way line of Proposed County Road No. 115 for the northwest comer of the herein
described tract;
THENCE continuing over and across said 71.137-acre Seto tract, with the south right-of-way line of
Proposed County Road No. 115 for the following three (3) calls numbered 1 through 3:
1. S 76°55'32" E a distance of 72.29 feet to a calculated paint for a point of curvature to the
right;
2. with the arc of a curve to the right a distance of 233.67 feet, through a central angle of
33°28'15", having a radius of 400.00 feet, and a chord which bears S 60°11'25" E for a
distance of 230.36 feet to a calculated point for a point of reverse curvature;
3. with the arc of a curve to the left a distance of 21.84 feet, through a central angle of 2°36'26",
having a radius of 480.00 feet, and a chord which bears S 44°45'30" E for a distance of 21.84
feet to a calculated paint for the northeast corner of the herein described tract
THENCE leaving the south right-of-way line of Proposed County Road No. 115, over and across said
71.137-acre Seto tract and the Proposed Lot 2 of said Proposed Georgetown South Industrial Park
subdivision, 5 21°33'19" W for a distance of 397.75 feet to a calculated point on the north line of said
Proposed 0.406-acre Private Drainage Easement, this day surveyed, from which point the calculated
northeast corner of said Proposed 0.406 acre Private Drainage Easement bears S 71°39'44" E for a
distance of 35.17 feet;
THENCE 50.00 feet distant from and parallel to the north line of said Lot 1, Block "A", Resubdivision of
Lot 1, Block "A", Inner. Loop Commercial Park, Section Four, N 71°39'44" W for a distance of 40.06 feet to
the PLACE OF BEGINNING and containing 0.736 ACRES OF LAND (32,062 square feet), more or Less.
age 2 of 3
0.736 Acre
Drainage Easement
BEARING BASIS:
Ali bearings recited herein are based on the Texas State Plane Grid Coordinate System, Central Zone
No. 4203, NAD-83 (CORS96) (EPOCH: 2002.0000), and referenced to CORS Control Points "TXAU"
(Austin RRP2 CORS ARP), "TXTA" (Taylor CORS ARP) and "TXBU' (Burnet CORS ARP). Surface
values were generated using a site specific Combined Scale Factor of 0.99987207159.
Refer to Plat of Survey on Page 3 of 3.
THE STATE OF TEXAS }
COUNTY OF BURNET }
That I, Jerry E Halligan, 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. This
description is based on the Land Title Survey and plat made by the undersigned of the identical date. TO CERTIFY WHICH, WITNESS my hand and seal at Burnet, Burnet County, Texas, this the 30/ d'f�j
!
of September 2007, A.D.
E. .aligan
ister Profession Land Surveyor
xas R +istration No. 3819
122 Whippoorwill Lane
Burnet, Texas 78611
EXHIBIT "A"
Page 3 of 3 \
\\
25' x 400' Channel Esm't. to
The State of Texas
Vol. 269. Pg. 349
D.R.W.C.
_LEWIS J.
PRO
Called 71.137 Acres
David Seto d Shacuan Sharon Seto
Doc. # 2007008548
O.P.R.W.C.
Proposed Lot 1
4.77 Acres
OPropes_
k •13944geeOSeP t_ — `W "lent
�s 00'
N?733 ±—
50,08,
Called 5.448 Acres
Lot t
Block "A"
THE STATE OF TEXAS)
COUNTY OF BURNE !
l
PLAT OF SURVEY FOR
DRAINAGE EASEMENT
State Plane North
/ City of Georgetown,
/Williamson County, Texas
1"= 100'
DYCHES/SURVEY
/
/
4,q
LEGEND
A
P.O.R.
P.O.R.
P.R.B.C.
II2° IRON ROD FOUND
CALCULATED POINT
POINT OF BENGINNING
POINT OF REFERENCE
PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY. TEXAS
NO. 180
Proposed
Georgetown South
Industrial Park
(Preliminary Plot)
Approved
Proposed Lot 2
2.13 Acres
40' / Proposed Lot 3
/ 2.05 Acres
S 71139'44" E
35.17' /
Resubdivision of Lot 1, Block "A"
Inner Loop Commercial Park
Section Four
Cab. T, St. 344-345
P.R.W.C.
Called 4.000 Acres
Lot 2
Block "A"
1, Jerry E Holligan, a Registered Professional Land Surveyor, do hereby certify that the survey 1 prepared shown
hereon is true and correct to the best of my knowledge and belief and that the property shown hereon was
determined by a survey made on the ground under my direction and supervision.
TO CERTIFY WHICH, WITNESS my hand and seal at Burnet, Burnet County, Texa9, this the
day of September 2007, A.D.
igen
Professional Land Surveyor
Texas Registration No. 3819
122 Whippoorwill Lane
Bumet, Texas 78611
OF
JERKY E. HOLUGAN
C:: 9 3819 Y 'lt'
SURV.
UMBER
Cl
LINE TABLE
Called 5.546 Acres
Lot 3
Block "A"
NUMBER
CHORD DIRECTION
DISTANCE
Li:
L3`
N 16 59'48" W
S 76'55 32" E
N 71' 39 44" W
24.53
72.29
40 06
CHORD DIRECTION
S 60'11'25" E
RADIUS
400.00
ARC LENGTH
233,67
CHORD LENGTH
230.36
C2
S 44'45'30" E
480,00
21.84
21.84