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HomeMy WebLinkAboutRES 041012-E - Abandon Esmt Sun CityRESOLUTION NO. C' - f OI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE VACATION AND ABANDONMENT OF A 20' WASTEWATER EASEMENT CONSISTING OF A 0.130-ACRE PARCEL OF LAND OUT OF LOT 1, VILLAGE GATE AT SUN CITY FINAL PLAT, A SUBDIVISION OF RECORD AT DOCUMENT NO. 2011087677, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AND SKETCH IN EXHIBIT "A" ATTACHED HERETO; AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTATION NECESSARY TO EFFECTUATE SUCH VACATION AND ABANDONMENT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request from SCC Sun City Partners, LTD., the current owner of property encumbered by the above -described easement. The Property is in the process of being developed and the easement conflicts with the developer s approved site plan. The easement requested to be abandoned and vacated is fully described by metes and bounds and sketch on Exhibit "A" attached hereto (the "Property"); and WHEREAS, there are no utilities located within the Property that have not since been, or will be, located within recorded easements; and 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 a public need for the Property 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 Resolution No. Description: Abandonment of a 20' Wastewater Easement - SCC Sun City Partners, Ltd. (Walgreens) property Date Approved: Page 1 of 2 ©, finds that this resolution implements the following policies of the 2030 Comprehensive Plan: Goal 4.1.B. Efficient, Responsive Government. 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 Quitclaim Deed abandoning and vacating the Property in the form attached hereto as Exhibit "B", subject to conveyance to the City of any necessary replacement easements for the relocation of any existing utilities currently located within the Property, and to execute any other documentation necessary to effectuate the abandonment and vacation. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this l CD day of CITY OF GEORGETOWN By: George G. Garver, Mayor APPROVED AS TO FORM: Y'7 Bridget Chapman, A"- `ing City Attorney Resolution No. OH to ! ? ® LP 2012. ATTEST: Description: Abandonment of a 20' Wastewater Easement — SCC Sun City Partners, Ltd. (Walgreens) property Date Approved: !' 10 ic9- Page2of2 EXHIBIT Legal Description for an Existing Wastewater Easement BEING 0.130 of an acre of land, being a portion of Lot 1 of Village Gate at Sun City Final Plat, a subdivision of record as Document No. 2011087677 of the Official Public Records of Williamson County, Texas. Surveyed on the ground in the month of January, 2012, under the supervision of Brian F. Peterson, Registered Professional Land Surveyor, and being more particularly described as follows; Beginning for Reference at an iron pin found on the Northeast line of Ranch to Market Highway No. 2338, marking the most southerly corner of the above -referenced Lot 1, being the most westerly comer of Lot 9 of the said Village Gate at Sun City Final Plat; THENCE, along the said Northeast line of Ranch to Market Highway No. 2338, being the Southwest line of the said Lot 1, N 38°32'19" W, 80.00 feet to an iron pin found and N 38°32'58" W, 50.09 feet to an iron pin found; THENCE, N 48°12'45" E, 45.06 feet to a point at the intersection of the Southeast line of an existing 20-Foot-Wide Wastewater Easement as shown on the said Village Gate at Sun City Final Plat, and the Northeast line of an existing 25-Foot-Wide Public Utility Easement as shown on the plat of Sun City Neighborhood One, a subdivision of record in Cabinet M, Slide 95, of the Plat Records of Williamson County, Texas, for the most southerly comer and Point of BEGINNING hereof; THENCE, along the said Northeast line of the existing 25-Foot-Wide Public Utility Easement, N 38°45'13" W, 20 03 feet to a pomt at the intersection of the said 25-Foot-Wide Public Utility Easement and the Northwest line of the said existing 20-Foot-Wide Wastewater Easement, for the most westerly corner hereof; THENCE, along the said Northwest line of the existing 20-Foot-Wide Wastewater Easement, N 48°12'45" E, 283.27 feet to a point for the most northerly corner hereof; from said point of most northerly corner of the said Lot 1, bears N 48°12'45" E, 15.00 feet; N 41°20'35" W, 71.13 feet and N 47°30'26" E, 71.39 feet, THENCE, S 41°30'25" E, 20.00 feet to a point on the Southeast line of the said existing 20-Foot-Wide Wastewater Easement, for the most easterly corner hereof; THENCE, along the said Southeast line of the existing 20-Foot-Wide Wastewater Easement, S 48° 12'45" W, 284.23 feet to the Place of BEGINNING and containing 0.130 of an acre of land. Note. Basis of Bearing GPS Observation Texas Central State Plane STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described herem 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 my hand and seal at Georgetov� __ _ _ , 2012, A.D Williamson County, Texas, this thee2,4 4 day of Brian F. Peterson Bred Professional Land Surveyor, No. 3967 State of Texas Project No. 21870-0.130 STEGE6ZZELL 1978 S. Austin Ave Georgetown, TX 78626 (512) 930-9412 ';A ;.y_ l _. r ,__ 25' POE & ACC Cel 03 4 0 S42°58'48E 141.931 141.97 S42°5811°E a (9438°43'58 Y V 79.310) SSEA 8 1 co ct C4 tr- co 50.09' RANCH TO MARKET HIGHWAY No.2338 r:. (342°58'48E 79.88') 79.97 S42°58'13°E N38°32199N 80.00' LL f 10 MENT 0 am w Zit lam 0 CL etc ce 0 w fran J w LU o w c 20'RESERVED FOR WIDENING RM 2338 Q N N co( GO 0 0 EXHIBIT "B" [ FORM OF QUITCLAIM DEEDI 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: , 2012 GRANTOR: City of Georgetown, a Texas home -rule, GRANTOR'S Mailing Address (including Coon Williamson County, Texas 78627 unicipal corporation P.O. Box 409, Georgetown, GRANTEE: SCC Sun City Partners, Ltd., a Texas limited partnership GRANTEE'S Mailing Address (including = County). 301 Congress Ave., Suite 1550, Austin, Texas, 78701 CONSIDERATION: Ten Dollars(S10.00),..and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEINoot-wide parcel of land containing 0.130 acres, more or less, out of Lot 1,Village Gate at Sun City Final Plat, a subdivision of record at Document No. 2011087677, Official Records of Williamson County, Texas; said parcel being more particularly described by metes and bounds and sketch in Exhibit "A" attached hereto and incorporated herein by reference (the ` Property"). 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 GRANTOR CITY OF GEORGETOWN By: George G. Garver, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ) ATTEST: Jessica E. Brettle, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned „authority, on this date personally George G. Garver, Mayor of the City of Georgetown, aTexas home -rule municipal corporation, known to me to be the person whose name is subscribed to they 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 2011. 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 Quitclaim Deed Fxhibit "A" to the Quitclaim Deed is heretofore attached as Exhibit A to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording.