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HomeMy WebLinkAboutRES 091305-P - Quit Claim Deed TASUSRESOLUTION NO. 0 9 /3 0S "' r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS TO VACATE AND ABANDON A PORTION OF A 20- FOOT-WIDE "RIGHT-OF-WAY AND EASEMENT" LOCATED ON PROPERTY CURRENTLY OWNED BY TASUS CORPORATION DESCRIBED AS TRACT ONE, GEORGETOWN INDUSTRIAL PARK SOUTH, WEST PHASE SECTION ONE, RECORDED IN CABINET E, SLIDES 155-159, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, AND ON A 20.76 ACRE TRACT OF LAND ADJACENT THERETO OWNED BY GEORGETOWN RAILROAD COMPANY DESCRIBED AS "SECOND TRACT" IN A DEED RECORDED IN VOLUME 543, PAGE 451, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID "RIGHT-OF-WAY AND EASEMENT" BEING FULLY DESCRIBED IN VOLUME 781, PAGE 516, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 28, 1979 Georgetown Railroad Company ("Georgetown Railroad") granted the City of Georgetown a Right of Way and Easement described in Volume 781, Page 516, of the Official Records, Williamson County, Texas (the "Existing Easement"), a copy of which is attached hereto as Exhibit "A"; and WHEREAS, on March 4, 2004, by Special Warranty Deed recorded in Document No. 2004017102 of the Official Records of Williamson County, Texas, Georgetown Railroad Company conveyed a portion of the property encumbered by the Existing Easement described as Tract One of the Georgetown Industrial Park South, West Phase Section One, recorded in Cabinet E, Slides 155- 159, Plat Records, Williamson County, Texas, to Tasus Corporation (the "Tasus Property' ); and WHEREAS, pursuant to Paragraph 2. of that one certain INFRASTRUCTURE AND UTILITY AGREEMENT BETWEEN TASUS CORPORATION, INC. AND CITY OF GEORGETOWN, TEXAS (the "Agreement") dated March 25, 2004, the City agreed to construct "appropriate water and wastewater lines from existing City facilities to the Tasus facility", which facility was proposed for construction at the time of execution of the Agreement; and WHEREAS, although an existing wastewater line was located on the Tasus Property within the Existing Easement, Tasus' construction plans conflicted with the Existing Easement and location of the existing line therein, which necessitated the construction of a new wastewater line to a different location; and WHEREAS, the proposed construction of the new wastewater line necessitated the acquisition of new easements from. Tasus Corporation and Georgetown Railroad and rendered a 0.68-acre portion described by metes and bounds in Exhibit "B" attached hereto (the "Property"), of the Existing Easement no longer necessary for public use; and Resolution No. 0 945 ©5- P Abandonment of a portion of a "Right of Way and Easement" Page 1 of 2 WHEREAS, Georgetown Railroad and Tasus Corporation have requested the vacation and abandonment of the Property; and WHEREAS, upon considering the request for vacation and abandonment of the Property, as well as additional infounation pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it is in the best interest of the citizens of Georgetown to vacate and abandon the Property. 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 Century Plan - Policy Plan: Growth and Physical Development Focus End 3.00, which states: "Citizens, business owners and organizations enjoy the benefits of well -planned land usage in which conflicting needs are balanced; and 2. Utilities/Energy Policy End 12.00, which states: "City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers." The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deeds in the forms attached hereto as Exhibits "C" and "D" vacating and abandoning the Property across the Tasus Property and the adjacent Georgetown Railroad property, respectively, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this /9 day ofS to 1r7", 2005. CITY OF/ GEOR ETOWN By: , Gary +elon, ayor APPROVED AS TO FORM: ATTEST! Sandra D. Lee, City Secretary Patricia E. Carls, Brown & Carls, LLP, City Attorney Resolution No. 6 g /I 3 0 1 13 Abandonment of a portion of a "Right of Way and Easement" Page 2 of 2 VOt 781r40t 516 THE STATE OF TEXAS, COUNTY OF WILLIAMSON. KNOW ALL MEN BY THESE PRESENTS RIGHT OF WAY AND EASEMENT That the undersigned, Georgetown Railroad Company, hereinafter called Grantor, acting by and through its president,W. P. Ludwig, Jr., of Williamson County, Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the City of Georgetown, Texas, the receipt of which is hereby acknowledged, confessed and deemed to be sufficient, and for which no liens, express or implied, are hereby retained, do hereby grant and convey unto the City of Georgetown, Williamson County, Texas, hereinafter called Grantee, its successors and assigns, a right of way and easement for the installation, maintenance, repairing, replacement and removal of sewer lines, and appurtenances on, under, over and across the land described as follows: (SEE EXHIBIT ATTACHED HERETO) To have and to hold the said premises, together with all and singular the rights, 'privileges and appurtenances thereto in any manner belonging unto the said City of Georgetown, Texas, its successors and assigns forever, so that neither the said City of Georgetown, Texas, nor its successors, nor any person or persons claiming under said City of Georgetown, Texas, shall, at any time hereafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. The Georgetown Railroad Company has caused this instrument to be executed by W. P. Ludwig, Jr., President, this 28th day of December, 1979. GEORGETOWN RAILROAD COMPANY W. P. Ludwig, Jr., P1'esitlent THE STATE OF TEXAS, COUNTY OF WILLIAMSON • Before me, the undersigned authority, on this day personally appeared W. P. Ludwig, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, as President of Georgetown Railroad Company, a Texas Corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. Given under my hand and seal of office, this the 28th day of December, 1979. • \. /eg. 09/3 eachihit `' 1 Notary Public in and for Williamson County, Texas • VOL ?8IPAGE 517 FIELD NOTES FOR A 20' PUBLIC UTILITY EASEMENT: BEING a strip of land 20 feet wide out of and a part of that certain tract of land as conveyed to the Georgetown Railroad Company of record in Volume 543 , Page 451 of the Deed Records of Williamson County, Texas, also being out of the Rui- dosa Irrigation Co. Survey, Abstract No. 715 and out of the Clement Stubblefield Survey, Abstract No, 558, the centerline of which being more particularly described as follows: BEGINNING for REFERENCE at a concrete monument found in the East right-of-way of Interstate Highway No. 35; said monument marking highway station 930 + 20; THENCE, with the East right -of: -way of Interstate Highway No. 35, S 17° 58' W, 362.43 feet to the place of BEGINNING of the herein -described easement: THENCE N 83° 21' E, 932.52 feet to a point; THENCE S 87° 12' E, 359.41 feet to a point; THENCE N 80° 35' E, 414.68 feet to a point; THENCE N 66° 38' E, 484.90 feet to the place of TERMINATION of the herein -described easement. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I, Don H. Bizzell, Registered Professional Engineer, do hereby certify that the above -described tract of land was surveyed on the ground under my personal supervision during the month of November, 1979, and that said description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICii, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 23rd day of November, 1979, A.D. jr Job No. 5414-E Don H. Bizzell Registere g'lsi Engineer,;:" $,7q2 State of Texas .4-•••7.F}t41t y; r DON H. EIZZELL '� a`• 28782 rrtt, e64t E?'� <' tt3h��otrAL C' rrr STEGER & BIZZELL, INC. CONSULTING ENGINEERS P. O. 80x 858 • GEOROCTOWN. TEXAS 78626 THE STA1 L OF TEXAS County of Williamson1 I, James N. I3oydston, Clerk of the County Court of said County, do hereby eel-- tify that the foregoing instrument in writing, with its eertificme.of authentication, was filed for record in my office on • •, the 2nd day of Jan. A D 19 80 , at 11: 10 o'clock A M., and duly recorded this 2nd day. of Jan. A,D. 19 80 ,at 5 : 35 t ' o'clock M , in the Deed Records of said County, in Vol i 81 PP 516 WITNESS MY HAND and seal of the'County Court of said, County, at office in Georgetown, Texas, the date last above written. • r, Isr s`, sJAMES N 13OYDSTON, CLERK, By '' � � Deputy County Court, Williamson. County, Texas LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20-FOOT-WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20-Foot-Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described a follows; BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest corner hereof; THENCE, along the north line of the said City of Georgetown right of way and easement, N 78° 52' 15" E, 928.77 feet N 88° 19' 15" E, 359.17 feet and N 76° 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20-Foot-Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as, Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 26° 56' 45" W, 13.38 feet to a point and S 21° 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast comer hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 76° 06' 15" W, 192.62 feet, S 88° 19' 15" W, 359.65 feet and S 78° 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest corner of the said City of Georgetown right of way and easement tract, for the Southwest corner hereof; THENCE, along the said east line of Interstate Highway No. 35; N 13° 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS COUNTY OF WILLIAMSON } } KNOW ALL MEN BY THESE PRESENTS: I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that 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. • To cceerti y which, witness my� hznd� d seal at Georgetown, Williamson County, Texas, this the day of , 2005, A.D. Orem r � j Don H. Bizzell Registered Professioit'al and Surveyor, No. 2218 State of Texas 20421-G-Id-1 Steger & Bizzell Engineering, Inc. Consulting Engineers Surveyors /1 es'. ©9/3©5-. r.,A,'h;A'.A01-2 1978 South Austin Avenue Georgetown, Texas 78626 Telephone: (512) 930.9412 Facsimile: (512) 930-9416 W t to I N zZ M Q1 C W N FAY Z N tp co In V) /tBpe < . oe .14 sotto rat N Res. 0 9 Exh; b; 4- 48", pi s [FORM OF] QUIT CLAIM DEED DATE • , 2005 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* Tasus Corporation, an Indiana corporation GRANTEE'S Mailing Address (including County): 300 Daniels Way Bloomington, Indiana 47404 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Being that portion of a 0.68-acre tract of land described in Exhibit "A" attached hereto out of Tract One of the Georgetown Industrial Park South, West Phase Section one, a subdivision of record in Cabinet E Slides 155-159, Plat Records, Williamson County, Texas; said 0.68-acre tract (the "Property ') being a part of a 20-foot-wide Right of Way and Easement described in Volume 781, Page 517, Official Records of Williamson County. 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 , 2005. APPROVED AS TO FORM: CITY OF GEORGETOWN By: Patricia E. Carls, Brown & Carls, LLP Gary Nelon, Mayor City Attorney ATTEST: Sandra D Lee, City Secretary STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally appeared Gary Nelon, Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf of said municipality, 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 the day of 2005. Notary Public, State of Texas LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20-FOOT-WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20-Foot-Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H Bizzell, Registered Professional Land Surveyor, and being more particularly described a follows; BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest corner hereof; THENCE, along the north line of the said City of Georgetown right of way and easement, N 78° 52' 15" E, 928.77 feet N 88° 19' 15" E, 359.17 feet and N 76° 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20-Foot-Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as. Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 26° 56' 45" W, 13.38 feet to a point and S 21° 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast corner hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 76° 06' 15" W, 192.62 feet; S 88° 19' 15" W, 359.65 feet and S 78° 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest corner of the said City of Georgetown right of way and easement tract, for the Southwest corner hereof; THENCE, along the said east line of Interstate Highway No. 35; N 13° 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS COUNTY OF WIT LIAMSON } } KNOW ALL MEN BY THESE PRESENTS: I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that 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. To certify which, witness myh9dn d seal at Georgetown, Williamson County, Texas, this the day of , 2005, A.D. r " �".��� /;[,,� Don H. Bizzell Registered Professio t'�L and Surveyor, No. 2218 State of Texas 20421-G-1d-1 Steger 8z Bizzell Engineering, Inc. Consulting Engineers Surveyors 1978 South Austin Avenue Georgetown, Texas 78626 Telephone; (512) 930-9412 Facsimile: (512) 930.9416 [FORM OF] QUIT CLAIM DEED DATE• , 2005 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: Georgetown Railroad Company, a Texas corporation GRANTEE'S Mailing Address (including County): P.O. Box 529 Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Being that portion of a 0.68-acre tract of land described in Exhibit "A" attached hereto out of a 20' Right of Way and Easement described in Volume 781, Page 517, Official Records of Williamson County, Texas upon, over and across that certain 20.76 acre tract of land described as "SECOND TRACT" in a deed to Georgetown Railroad Company recorded in Volume 543, Page 451, Official Records of Williamson County, Texas. For the consideration GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in andto 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 , 2005. APPROVED AS TO FORM: CITY OF GEORGETOWN By: Patricia E Carls, Brown & Carls, LLP Gary Nelon, Mayor City Attorney ATTEST: Sandra D Lee, City Secretary STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally appeared Gary Nelon, Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf of said municipality, 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 the day of 2005. Notary Public, State of Texas LEGAL DESCRIPTION FOR A PORTION OF AN EXISTING 20-FOOT-WIDE RIGHT OF WAY EASEMENT BEING 0.68 of an acre of land, situated in the Clement Stubblefield Survey, Abstract No. 558 and the Ruidosa Irrigation Company Survey, Abstract No. 715, in Williamson County, Texas, said land being a portion of that certain 20-Foot-Wide right of way and easement as conveyed to the City of Georgetown, Williamson County, Texas, as recorded in Volume 781, Page 516, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of July, 2005, under the supervision of Don H. Mizell, Registered Professional Land Surveyor, and being more particularly described a follows* BEGINNING at a point on the east line of Interstate Highway No. 35, being the Northwest corner of the above -referenced City of Georgetown right of way and easement for the Northwest comer hereof; THENCE, along the north line of the said City of Georgetown right of way and easement, N 78° 52' 15" E, 928.77 feet N 88° 19' 15" E, 359.17 feet and N 76° 06' 15" E, 206.31 feet to a point on the Northwest line of that certain 20-Foot-Wide Public Utility Easement and Right of Way, called 0.962 of an acre, as granted to the City of Georgetown, by an agreement of record as Document No. 2004033770 of the Official Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the said Northwest line of the 0.962 of an acre City of Georgetown Public Utility Easement and Right of Way tract, S 26° 56' 45" W, 13.38 feet to a point and S 21° 45' 15" W, 12.15 feet to a point on the south line of the said City of Georgetown right of way and easement tract, for the Southeast corner hereof; THENCE, along the said south line of the City of Georgetown right of way and easement tract, S 76° 06' 15" W, 192.62 feet, S 88° 19' 15" W, 359.65 feet and S 78° 52' 15" W, 936.28 feet to a point on the said east line of Interstate Highway No. 35, for the Southwest comer of the said City of Georgetown right of way and easement tract, for the Southwest corner hereof; THENCE, along the said east line of Interstate Highway No. 35; N 13° 29' 15" E, 22.00 feet to the Place of BEGINNING and containing 0.68 of an acre of land. STATE OF TEXAS COUNTY OF WILLIAMSON } KNOW ALL MEN BY THESE PRESENTS: