HomeMy WebLinkAboutRES 032613-D - Abandon Esmt Liese PropertyRESOLUTION NO. 03(9(P L 3 'A
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 0.832
OF AN ACRE OF EASEMENT AREA CONSISTING OF A 0.581-ACRE
PORTION OF A 20' RIGHT OF WAY AND EASEMENT DESCRIBED
IN VOLUME 678, PAGE 493, AND A 0.251-ACRE PORTION OF A 10'
RIGHT OF WAY AND EASEMENT DESCRIBED IN VOLUME 852,
PAGE 471, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID EASEMENTS BEING LOCATED ON
PROPERTY OWNED BY MILTON G. LIESE AND WIFE, ELIZABETH
LIESE, AT 3816 WILLIAMS DRIVE, GEORGETOWN, TEXAS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, as part of the 2010 FM 2338 Three -Phase Electric Line Relocation
Project (the ' Project"), the City received a request from the owner(s) of the real property
encumbered by the above -described easements (the "Easement Area"), Milton G. Liese
and wife Elizabeth Liese, for the abandonment and vacation of the Easement Area
more fully described on Exhibit "A" attached hereto, as the Project relocated the
utilities formerly located in the Easement Area to a new easement; and
WHEREAS, there are no longer any utilities located within the Easement Area
that have not been otherwise relocated and/or protected by other easements; and
WHEREAS, upon considering the request for vacation and abandonment of the
Easement Area, and additional information pertaining to the request, the City Council
now finds that a public need for the Easement Area no longer exists 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. b 3 a(ot 3
Abandonment of 0.:32-acre Easement Area — Liese property
Date approved: 1\12C 1+ raa
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 herein described
Easement Area.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this c day of P4 AittE I-\- , 2013.
CITY OF GEORGETOWN
By:
Geore G. Garver, Mayor
APPROVED AS TO FORM:
Bridget Chapan cting City Attorney
ATTEST:
a E. Brettle, City Secretary
Resolution No. 0 ' A % 1)
Abandonment of 0.832-acre Easement Area — Liese property
Date approved: Mkt Ck4 a (1 aCD(
Page 2 of 2
MILTON LIESE Page 1 of 3
COUNTY: WILLIAMSON
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.832 ACRE (36,226 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
DAVID WRIGHT SURVEY ABSTRACT NO. 13, IN WILLIAMSON COUNTY, TEXAS BEING A 0.581
ACRE (25 292 SQUARE FOOT) PORTION OF THAT 20 FOOT WIDE 1.95 ACRE RIGHT-OF-WAY &
EASEMENT CONVEYED TO THE CITY OF GEORGETOWN BY INSTRUMENT RECORDED IN
VOLUME 678, PAGE 493 OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, AND A 0.251
ACRE (10,934 SQUARE FOOT) PORTION OF THAT 10 FOOT WIDE RIGHT-OF-WAY EASEMENT
CONVEYED TO THE CITY OF GEORGETOWN BY INSTRUMENT RECORDED IN VOLUME 852,
PAGE 471 OF THE DEED RECORDS OF WILLIAMSON COUNTY TEXAS, SAID RIGHT-OF-WAY &
EASEMENTS BEING OUT OF THAT 107 09 ACRE REMAINDER TRACT OF LAND CONVEYED TO
MILTON G. LIESE BY INSTRUMENT RECORDED IN VOLUME 505, PAGE 231 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.832 ACRE (36,226 SQUARE FOOT) TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING FOR REFERENCE at a capped 1/2" iron rod found, being the northeasterly corner of Lot 1,
Block 1, Faith Lutheran Church, a subdivision of record as recorded in Cabinet G, Slide 29, of the Plat
Records of Williamson County, Texas, being the northwesterly corner of the remainder of said 107.09
acre tract, same being in the existing southerly right-of-way line of R.M. 2338 (Williams Drive) (120' right-
of-way width);
THENCE, departing said right-of-way line, with the easterly boundary line of said Lot 1, same being the
westerly boundary line of the remainder of said 107.09 acre tract, S 27°29'57" W for a distance of 100.33
feet to a calculated point being in the northerly boundary line of said 1.95 acre easement, being the
northwesterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, departing the easterly boundary line of said Lot 1, through the interior of the
remainder of said 107.09 acre tract, with the northerly boundary line of said 1.95 acre
easement, S 57°52'33" E, passing at a distance of 1095.02 feet to a calculated point, being in
the westerly boundary line of a 0.41 acre tract leased to Chapman's Grocery Incorporated by
instrument recorded in Document No. 2002022393 of the Official Public Records of Williamson
County, Texas and from which a hole in concrete found in said southerly right-of-way line of
R.M. 2338, being the northwesterly corner of said 0.41 acre tract bears N 32°07'27" E at a
distance of 100.00 feet, continuing with the northerly boundary line of said 1.95 acre easement,
through the interior of said 0.41 acre tract, passing at a distance of 1245.02 feet a calculated
point, being in the easterly boundary line of said 0.41 acre tract, and from which a hole in
concrete found in said southerly right-of-way line of R.M. 2338, being the northeasterly corner
of said 0.41 acre tract bears N 32°07 27" E at a distance of 100.00 feet, and continuing with the
northerly boundary line of said 1.95 acre easement tract for a total distance of 1435.35 feet,
being an angle point in the boundary line of said 1.95 acre easement, for the northeasterly
corner of the herein described tract
THENCE, departing the northerly boundary line of said 1.95 acre easement, through the interiors of
said 0.41 acre tract, and the remainder of said 107.09 acre tract, the following two (2) courses:
2) S 27°13'29" W for a distance of 10.04 feet to a calculated point, for the southeasterly corner of
the herein described tract;
3) N 57°52'33" W, passing at a distance of 191.19 feet a calculated point, being in the easterly
boundary line of said 0.41 acre tract and from which a 1/2" iron rod found being the
southeasterly corner of said 0.41 acre tract, bears S 32°07'27 W at a distance of 10.00 feet,
and continuing for a total distance of 341.19 feet to a calculated angle point, being in the
westerly boundary line of 0.41 acre tract;
MILTON LIESE Page 2 of 3
COUNTY: WILLIAMSON
4) THENCE, with the westerly boundary line of said 0.41 acre tract, through the interior of the
remainder of said 107.09 acre tract, S 32°07'27" W, passing at a distance of 10.00 feet a
calculated point, being the southwesterly corner of said 0.41 acre tract, same being the
common boundary line of said 1.95 acre easement and said 10 foot wide easement, and
continuing for a total distance of 20.00 feet to a calculated point in the southerly boundary line
of said 10 foot wide easement, for an angle point in the southerly boundary line of the herein
described tract;
5) THENCE, with the southerly boundary line of said 10 foot wide easement, continuing through
the interior of the remainder of said 107.09 acre tract, N 57°52'33" W for a distance of 1092.59
feet to a calculated point, being in the easterly boundary line of said Lot 1, Block 1, same being
in the westerly boundary line of the remainder of said 107.09 acre tract for the southwesterly
corner of the herein described tract;
6) THENCE, departing the southerly boundary line of said 10 foot wide easement, with the easterly
boundary line of said Lot 1, same being the westerly boundary line of the remainder of said
107.09 acre tract, N 27°29'57" E for a distance of 30.10 feet to the POINT OF BEGINNING
containing 0.832 acres (36,226 square feet) of land, more or Tess.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
THE STATE OF TEXAS§
COUNTY OF WILLIAMSON
§
KNOW ALL MEN BY THESE PRESENTS:
That I, M. Stephen Truesdale, 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.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. `Stephen Truesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LP
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock TX 78681
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EXHIBIT "B"
[Form of Quitclaim Deed)
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 , 2013
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: Milton G. Liese and wife, Elizabeth Liese
GRANTEE'S Mailing Address (including County): 1086 Booty's Crossing Road,
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 0.832 acre (36,226 square foot) tract of land situated in the David Wright
Survey Abstract No. 13, Williamson County, Texas, being a 0.581 acre (25,292
square foot) portion of that 20-foot-wide, 1.95 acre Right of Way & Easement
conveyed to the City of Georgetown by instrument recorded in Volume 678,
Page 493 of the Official Records of Williamson County, Texas, and a 0.251 acre
(10,934 square foot) portion of that 10-foot-wide Right of Way & Easement
conveyed to the City of Georgetown by instrument recorded in volume 852, Page
471, Official Records of Williamson County, Texas; said Right of Way and
Easements being out of that 107.09 acre remainder tract of land conveyed to
Milton G. Liese by instrument recorded in Volume 505, Page 231 of the Official
Records of Williamson County, Texas, said 0.832 acre (36,226 square foot) tract of
land being more particularly described by metes and bounds and sketch on
Exhibit "A" attached hereto and incorporated herein by reference.
Page 1 of 2
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 _ , 2013.
GRANTOR ATTEST:
CITY OF GEORGETOWN
BY:
George G. Garver, Mayor Jessica E. Brettle, 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 , 2013.
APPROVED AS TO FORM:
Bridget Chapman, Acting City Attorney
AFTER RECORDING, RETURN TO:
City Secretary
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Notary Public, State of Texas
Page 2 of 2
Exhibit "A" to Form of Quit Claim Deed
Exhibit "A" to the Form of Quit Claim Deed is attached as Exhibit "A" to the foregoing Resolution and
will be attached accordingly to the Quit Claim Deed to be executed at closing.