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Home My WebLink AboutRES 082702-R-2 - Abandon 1112 Rock StRESOLUTION i i� i •• y ice,, i 2000002882 IN THE OFFICIAL RECORDS OF i i COUNTY, TEXAS, AND LOCATED WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of a Perpetual Access Easement for a Portion of Block 66 of the Lost Addition as recorded in Cabinet A, Slide 201 of the official Plat Records of Williamson County, Texas, and located at 1112 Rock Street, (the "Property "), as shown on the attached Exhibit A; and WHEREAS, there are no utilities located or proposed to be located within the Property; WHEREAS, upon considering the request for Vacation and Abandonment and additional information pertaining to the request, the City Council now finds that a public need for the easement no longer exists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OF GEORGETOWN, 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 policy of the Century Plan - Policy Plan: 1. 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. 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 Deed in the form attached 'hereto as Exhibit B abandoning the Perpetual Access Easement for a Portion of Block 66 of the Lost Addition located at 1112 Rock Street, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. Abandonment Resolution No. Q&.`; 10). -` t1 Page I of 2 J!ICUR PLANiCITYCNCLIABAND12002 ABANDCNNIENTSILOST ADDITION. BLOCK 66. 0.255 ACRES. CC RESOLUTION.DOC SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 27th day of August, 2000. Sandra D. Lee City Secretary pE. Carls City Attorney THE CITY OF GEORGETOWN: By: C 74- 4 "GARY,hELON-, Mayor Abandonment Resolution No. 0 ,Jool - 9 -9 Page 2 of 2 J:I.CUR-PLAN%CITYCNCL\ABANDQ002 ABANDONMUNTS\LOST ADDITION, BLOCK 66, 0.251 ACRES, CC RESOLUTION.DOG E EXHIBIT A I J# *.j:A" 200 002 -139 7 5 F g S PERPETUAL ACCESS EASEMENT UPON CONDITION SUBSEQUENT This PERPETUAL ACCESS EASEMENT UPON CONDITION SUBSEQUENT is made on the,. day of March, 2000, at Georgetown, Williamson County, Texas, between WILLIAM H. HARRIS, and wife, RACHEL V. HARRIS ("Grantor" whether one or more) and THE CITY OF GEORGETOWN, a home rule city ("Grantee"). I. RECITALS WHEREAS, Grantor is the owner of all that certain tract or parcel of land described as 0.251 of an acre of land, being a portion of Block 66 in the Lost Addition of the City of Georgetown, Williamson County, Texas, locally known as 1112 Rock Street, Georgetown, Williamson County, Texas, and being more particularly described in that certain deed dated November 18, 1999, to Grantor of record under Document No. 199986980 of the Official Records of Williamson County, Texas; and re-recorded under Document No. 2000002882 of the Official Records of Williamson County, Texas (the "1112 Rock Street Property"); and WHEREAS, Grantor has made application with the City of Georgetown (the "City") to rezone the 1112 Rock Street Property from residential -Lal single family to residential planned with a site plan; and WHEREAS, as a condition to the City's approval of such rezoning, the City has required that Grantor create an access easement upon condition subsequent across the twenty-four foot driveway proposed on the North side of the lot extend from Rock Street on the east side all of the way across the lot to the west side, to provide an access easement and right of way for future connectivity to -IL-he adjacent lot to the west (the "Martinez Property"); and WHEREAS, it is the intention of the Grantor to create this access easement upon the occurrence of a condition subsequent, which condition shall occur when the Martinez property located adjacent to this property is developed, and a detailed development plan for such Martinez property is officially approved by the City governmental authorities having power over such matters. 2. EASEMENT TERMS 1. For the consideration described in Paragraph 2, Grantor grants to Grantee an easement and right -of -way upon and across the property of the Grantor, which easement (the "Easement") is more particularly described as follows: Easement Agreement Page 1 of 3 0 R h b; 0 That certain strip of land twenty four feet (2411) in width which is a driveway across the 1112 Rock Street Property which extends from Rock Street on the east side of thereof, all the way across such property to the west side thereof, and more particularly described on Exhibit "All attached hereto and incorporated by reference herein as if copied herein verbatim. 2. This easement is granted in consideration of TEN ($10) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, and for which no liens, express nor implied, are herein retained. 3. This instrument grants an easement appurtenant to certain property (the "Martinez Property") upon condition subsequent, located adjacent to and west of the 1112 Rock Street Property, which is more particularly described in a deed of record to S. Martinez, under Document No. 9552244 of the Official Records of Williamson County, Texas; however, the creation of this easement is conditioned upon occurtence of a condition subsequent' which consists of all of the following: (1) the development of the Martinez property in the future, and (2) the official approval of a detailed development plan for the Martinez property by the City governmental authorities hiving power over such matters. 4. The Easement, with its rights, obligations and privileges shall be used only for the purpose of providing vehicular ingress and egress by Grantee, Grantee's successors and assigns, tenants, invitees, licensees and customers between Rock Street and the Martinez Property, upon the occurrence of the condition subsequent. 5. This Easement shall be perpetual, but subject to the occurrence of the condition subsequent. 6. Grantor and Grantor's heirs, personal representatives, successors and assigns are and shall be bound to warrant and forever defend the Easement and rights conveyed in this instrument to Grantee and Grantee's successors and assigns against every person claiming or to claim all or any part of the Easement, subject to existing restrictive covenants, easements, and liens. 7. This easement, rights, and privileges granted by this conveyance are nonexclusive. 8. Grantor retains, reserves and shall continue to enjoy the use of the surface of the Easement with Grantee for any and all purposes that do not interfere with and prevent Grantee's use of the Easement. Easement Agreement Page 2 of 3 -7 0A 01 p&je 9. Any oral representations or modifications concerning this agreement shall be invalid and of no force nor effect. Any subsequent amendment or modification hereto must be in writing and agreed to by both Grantor and Grantee. 10. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors and assigns. 11. Grantee and Grantor, or the subsequent owner of the 1112 Rock Street Property, shall expressly have the ability to modify or terminate this easement without the joinder of the owner, present or future, 9f th6, Martinez Property. iA RACHEL V. HARRIS' WILLIAM H-I—TIAI,RiS —/ 4 APPROVED BY: MARIANNE LANDERS BANKS CITY ATTORNEY FOR THE CITY OF GEORGETOWN STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on by WILLIAM H. HARRIS, and wife, RACHEL V. HARRIS. 3, Notary Pj?h�ic, State of Texas 1--� STAGY DENISE HAINES S Notary Public. State Of Texas M COMMISSIO n Expires 03-22-01 'yreoF e`, Y AFTER RECORDING, PLEASE RETURN TO: Marche, 2000, Easement Agreement Page 3 of 3 F T: L REUU U "ED I'H 'MN K OFFICIAL PUBLIC RECORDS 04-06-02000 11:07 AM 90000'11397 MABRY $17.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS 14 to r=R RECC)ADING RVUAN 70' City of Georgetown Legal Department P.0. Box 409 Georgetown, Texas 78627 STATE HWY 29 (UNNtuRSITY AVM4UE) eX i i b 'i Aj 0 , h �W its I*Yko)l eX i i b 'i Aj 0 , h DATE GRANTOR: s QUIT CLAIM DEED August 27, 2002 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: William H. Harris, and wife, Rachel V. Harris GRANTEE'S Mailing Address (including County): 1112 Rock Street Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars (SI0.00) and other good and valuable consideration PROPERTY: A Perpetual Access Easement for a 0.251 acre portion of Block 66 of the Lost Addition as recorded in Document No. 2000002882 of the Official Records of Williamson County, Texas, and located at 1112 Rock Street, (the "Property "), as shown on the attached Exhibit A 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 GRAN'TOR'S successors and assigns shall have, claim or demand any right or title to the property or any part of it. EXECUTED this the APPROVED AS TO FORM: Patricia E. Carts Brown & Carts, LLP City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON day of 2002. GRANTOR CITY OF GEORGETOWN BY: GARY MELON, MAYOR CORPORATE ACKNOWLEDGMENT BEFORE NIE, the undersigned authority, on this date personally appeared Gary Melon, 1%9ayor of the City of Georgetown, a Texas Home RUleNvIunicipal Corporation, on behalf ofsaid 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. 2002. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of Notary Public, State of Texas