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HomeMy WebLinkAboutRES 102406-S - Main St Detention PondRESOLUTION NO. /O42'/©60-S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING A LAND SWAP TRANSACTION BETWEEN THE CITY AND THE LYDA FAMILY TRUST TO FACILITATE THE CONSTRUCTION OF THE MAIN STREET WATER QUALITY POND IN THE DOWNTOWN OVERLAY DISTRICT. WHEREAS, the City has adopted a master plan for drainage and water quality improvements for the Downtown Overlay District; and WHEREAS, the master plan calls for the construction of two regional ponds for the treatment and detention of stormwater; and WHEREAS, one of the ponds is to be located at the north end of the Main Street right-of- way within the First Street right-of-way and on and adjacent to Block 2 City of Georgetown (the Main Street Pond); and WHEREAS, to complete the construction of the Main Street Pond, the City must acquire from the Lyda Family Trust approximately 8,400 square feet of land, more or less, being all of Lot 1 and a portion of Lot 8, Block 2, City of Georgetown being more particularly described by metes and bounds in Exhibit "A" attached hereto; and WHEREAS, in consideration for the approximately 8,400 square feet of land deeded by the Lyda Family Trust to the City, the City shall deed to the Lyda Family Trust approximately 6,925 square feet of land, more or less, being a portion of First Street right-of-way and Main Street right-of-way more particularly described by metes and bounds in Exhibit "B" attached hereto; and WHEREAS, the City Council authorized the Assistant City Manager to negotiate the details of this transaction at its meeting of September 27, 2005; and WHEREAS, the City Council at its September 26, 2006 meeting authorized the relocation or abandonment of a wastewater line on Block 2, City of Georgetown as additional consideration for the conveyance by the Lyda Family Trust of the land described on Exhibit "B" and as a condition of the land swap transaction, provided that the work was performed as and when already scheduled in the City's Capital Improvements Program, and WHEREAS, the property owned by the Lyda Family Trust within Block 2, City of Georgetown currently meets the definition of a legal lot pursuant to the City's Unified Development Code and has a zoning designation of MU-DT; Resolution No. l©oZ'V 0 b` '" S Lyda Land Swap for Main Street Detention Pond Page 1 of 3 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS as follows: 1. The City Council of the City of Georgetown hereby authorizes the Assistant City Manager to execute the necessary documents to complete the land swap transaction described in this resolution including a quitclaim deed and a special warranty deed which are attached hereto as Exhibit "C" (the Deeds); 2. The City's current Capital Improvements Program shows that improvements necessary for the relocation or abandonment of the wastewater line on Block 2, City of Georgetown are scheduled by the City m City Fiscal Year 2006/2007 and 2007/2008; 3. The resulting tract of land owned by the Lyda Family Trust after the land swap transaction is concluded, including the abandoned rights -of -way, shall constitute a legal lot pursuant to the City's Unified Development Code and shall have the same zoning designation as the adjacent and abutting tract owned by the Lyda Family Trust of MU-DT; 4. The resulting tract of land owned by the Lyda Family Trust after the land swap transaction is concluded shall be served by the City's downtown detention and water quality ponds and the owner of the property shall not incur any additional fees or charges for the use of such ponds, other than the usual and customary monthly utility rates for the City s Stormwater Drainage Utility; 5. The provisions of this Resolution, including the recording of the Deeds and the closing of the real estate transaction, are contingent upon the passage of an ordinance abandoning the sections of First Street right-of-way and Main Street right-of-way described in Exhibit "B '; 6. The provisions of this Resolution, including the recording of the Deeds and the closing of the real estate transaction, are contingent upon the Lyda Family Trust clearing the exceptions to title insurance described in Exhibit "D" attached hereto. Resolution No. /02V0& --5 Lyda Land Swap for Main Street Detention Pond Page 2 of 3 PASSED AND APPROVED this 24t'h day of October, 2006. APPROVED: ? A ;-EST: ate ary Nel Mayor Patricia E. Carls City Attorney Sandra D. Lee City Secretary Resolution No. /0025/06 —s Lyda Land Swap for Main Street Detention Pond Page 3 of 3 Exhibit A STAN COALTER RPLS. LSLS CARLA SHIPMAN OFFICE MANAGER • J.S. COULTER & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED STATE LAND SURVEYOR FWLD NOTES LYDA FAMILY TRUST TO CITY OF GEORGETOWN 905 N. III 345. STATE 108 ROUND ROCX. TEXAS 78664 (512) 266-8211 TELEPHONE (512) 256-8283 FACSIMILE BEING 8400 SQUARE FEET OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, TN THE CITY OF GEORGETOWN WILLIAMSON COUNTY, I'hXAS, AND BEING ALL OF LOT 1 AND PART OF LOT 8, BLOCK 2, GEORGETOWN, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY MEILS AND BOUNDS AS FOLLOWS, TO WIT BEGINNING at an iron rod set at the northeast comer of Lot 1, Block 2, City of Georgetown, said point being the intersection of the west line of Main Street and the south line of First Street; THENCE S 01 ° 18' 00" E a distance of 60 00 feet with the west line of Main Street to an iron rod set at the southeast corner of Lot 1, Block 2; THENCE S 88° 42' 00" W, at 120.00 feet pass the southwest comer of Lot 1, continuing an additional 20.00 feet with the south line of Lot 8, IN ALL a distance of 140.00 feet to an iron rod set; THENCEN 01° 18' 00" W a distance of 60.00 feet to an iron rod set in the north line of Lot 8; THENCE N 88° 42' 00' E, at 20.00 feet pass the northeast comer of Lot 8, continuing an additional 120.00 feet with the north line of Lot 1, IN ALL a distance of 140.00 feet to the Place of Beginning, containing 8400 square feet of lanti. COAL 1'ER & ASSOCIATES, SURVEYORS XS— Stan Coalter, RPLS, LSLS 3-26-06 s. /oadc-•S Exhi6if 4 e / of STAN COALTER RPLS, LSLS CARLA SHIPMAN OFFICE MANAGER Exhibit B J_ S. COALTER & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES CITY OF GEORGETOWN TO LYDA FAMILY TRUST 905 N. IH 35, SUITE 108 ROUND ROCK., TEV A4 78664 (512) 255.8211 TELEPHONE (512) 255-8263 FACSIMILE BEING 3,600 SQUARE FEET OF LAND OUT OF THE NICHOLAS POR IER SURVEY, ABSTRACT 497, IN THE CITY OF GEORGETOWN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT BEGINNING at an iron rod set at the southwest corner hereof, said point being the intersection of the north line of Second Street and the west line of Main Street and also being the southeast corner of Lot 4, Block 2, Georgetown, Texas; THENCE N 1 ° 18' 00" W a distance of 180.00 feet with the west line of Main Street to an iron rod set at the northwest corner hereof, said point being the southeast corner of Lot 1, Block 2, City of Georgetown; THENCE N 88° 42' 00" E a distance of 20.00 feet to an iron rod set at the northeast corner hereof in Main Street; THENCE S 1 ° 18' 00" E a distance of 180.00 feet to an iron rod set at the southeast corner hereof in the north line of Second Street; THENCE S 88° 42' 00" W a distance of 20.00 feet to the Place of Beginning, containing 3,600 square feet of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 8-30-06 File No. 06025 Res. /©a.V©G, e , nil Exhibit B ,otg STAN COALTER RPLS, LSLS CARLA SHIPMAN OFFICE MANAGER Exhibit B J S COALTER & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES CITY OF GEORGETOWN TO LYDA FAMILY TRUST 905 N. IH 35, SUITE 108 ROUND ROCK, TEXAS 78884 (612) 266-8211 TELEPHONE (512i 255-8203 FACSIMILE BEING 3325 SQUARE FEET OF LAND OUT OF THE NICHOLAS POR 1 ER SURVEY, ABSTRACT 497, IN THE CITY OF GEORGETOWN, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at a concrete right-of-way monument in the north line of Lot 8, Block 2, City of Georgetown, from which the northwest corner of said Lot 8 bears S 88° 42' 00" W a distance of 35.00 feet; THENCE N 01 ° 18' 00" W a distance of 45.00 feet to an iron rod set at the northwest corner hereof; THENCE N 77° 23' 24" E a distance of 50.99 feet to an iron rod set; THENCE N 88° 42' 00" E a distance of 15.00 feet to an iron rod set at the northeast corner hereof; THENCE S 01 ° 18' 00" E a distance of 55.00 feet to an iron rod set at the southeast corner hereof in the north line of Lot 8, Block 2; THENCE S 88° 42' 00" W a distance of 65.00 feet to the Place of Beginning, containing 3325 square feet of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 3-26-06 Revised 8-30-06 es. !©aci4&-S 04, 1%4 13 p '_ :-t- 2 en SPECIAL WARRANTY 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: , 2006 GRANTOR: Lyda Family Trust GRANTOR'S MAILING ADDRESS: (including County) Williamson County, Texas GRANTEE: City of Georgetown, a Texas home -rule municipal corporation GRANTEE'S MAILING ADDRESS: (including County): P.O. Box 409, Williamson County, Texas 78627 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): Being 8,400 square feet of land out of the Nicholas Porter Surveym, Abstract 497, in the City of Georgetown, Williamson County,Texas, and being all of Lot 1 and Part of Lot 8, Block 2, Georgetown, Texas and being more particularly described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: None. Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claimthe same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and Warranty, claiming by through or under Grantor, but not otherwise. GRANTOR LYDA FAMILY TRUST By: Name. Title: Special Warranhy Deed Lyda Family Trust to Cihy of Georgetown Page 1 of 2 , ` ` me Exhibit C STATE OF TEXAS ACKNOWLEDGEMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the day of , 2006, by , of Lyda Family Trust, a person known to me AFTER RECORDING RETURN TO: City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Special Warranty Deed Lyda Family Trust to City of Georgetown Page 2 of 2 Res. /©aVO ' -S Exalt c Notary Public, State of Texas ent Exhibit C 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: , 2006 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: Lyda Family Trust GRANTEE'S Mailing Address (including County): CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: TRACT ONE Being 3,325 square feet of land out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" and by diagram in Exhibit "C" attached hereto; and TRACT TWO Being 3,600 square feet of land out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "B" and by diagram in Exhibit "C" attached hereto (Tract One and Tract Two hereinafter collectively referred to as the "Property"). Quitclaim Deed abandoning a portion of First Street and a portion of Main Street Page 1 of 4 Res. /©aito' -.$ Exh/b:f c page 3 of 4• Exhibit C For the consideration, GRANTOR has released and quitclaimed, and by these presents does release and quitclaim unto GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to have and to hold it unto GRANTEE, GRANTEE'S heirs 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, SAVE AND EXCEPT the hereinafter described Easements for public utility purposes herein reserved. There is hereby excepted and reserved unto Grantor, its successors and assigns, EXCLUSIVE easements and rights -of -way (the "Easements"), over, under and across the following described real property, all or part of which is contained within the above - described Propeity, to wit: Easement No. 1 Being a wastewater easement ten feet (10') in width out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, said easement being more particularly described by metes and bounds in Exhibit "D" attached hereto Easement No. 2 Being a wastewater easement ten feet (10') in width out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, said easement being more particularly described by metes and bounds in Exhibit "D" attached hereto Easement No. 3 Being a wastewater easement ten feet (10') in width out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, said easement being more particularly described by metes and bounds in Exhibit "D" attached hereto The Easements shall be for the purposes of constructing, laying, maintaining, operating, repairing and replacing water wastewater, storm water or drainage, electric, telephone, gas and/or cable television lines and related facilities and equipment, together with the right of ingress and egress upon and across the Property for the purposes of maintaining, operating, repairing and replacing said lines and related equipment and facilities. The Easements, and the rights and privileges granted herein, are EXCLUSIVE to Grantor, and Grantor's successors and assigns, and Grantee covenants that Grantee Quitclaim Deed abandoning a portion of First Street and a portion of Main Street Page 2 of 4 Res.. /©2Q O& -s eth,,6,/ C - VO Exhibit C shall not convey any other conflicting easement or license to the area (or any portion of the area) covered by this grant. EXECUTED this the day of , 2006. GRANTOR Al l EST: CITY OF GEORGETOWN By: Gary Nelon, Mayor Sandra D Lee, City Secretary STATE OF TEXAS ) } ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Gary Nelon, 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 2006. Notary Public, State of Texas Quitclaim Deed abandoning a portion of First Street and a portion of Main Street Page 3 of 4 Res. /02906 - &himim c P ,S'of Exhibit C APPROVED AS TO FORM: Patricia E Carls, Brown & Carls, LLP City Attorney AFTER RECORDING, RETURN TO: Lyda Family Trust Quitclaim Deed abandoning a portion of First Street and a portion of Main Street Page 4 of 4 "es. /Oa VD& _ethanYc ,w ,w, 6 of 4 Exhibit C Exhibit D — Title Insurance Exceptions to be Cleared Vendor's Lien retained in Deed: Recorded: Document No, 2004043685, Official Public Records of Williamson County, Texas Grantor; Ascension Quintantlla and Sofia Williams Grantee: Lyda Family Trust Dated: 5/28/2004 Vendor's Lieu retained in Deed: Recorded: Document No. 2004044723, Official Pudic Records of Williamson County, Texas Grantor: Saudria Jc'in Stout and Barbara Yvonne Drake Grantee: Lyda Family Trust. Dated: 5128l2004 Adtlitionaily secured by Deed of Trust: Recorded: Document No. 2004044724, Official Public Records, Williainson County, Texas Grantor: Lyda Family Trust Trustee: Norman Koch Beneficiary: First State Bank,l3rcnznnd Amount: S405,000_00 (NOTE: The above lien affects Lntc 1 through 8, Block 2) Terms, Conditions, and Stipulations of the Lease Agreement referenced by that Mentorsnduml Recorded: Document No. 20014069487, Official Pnhlie Records, Williamson County, Texas. Lessor: Lyda Family Trust Lessee: The Lamar Companies (As to Lot 8, AOP) Res. /©2094.-s , l /ad/