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HomeMy WebLinkAboutRES 970408-X - Access Esmt PopeRESOLUTION NO. 94011408• X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING TEXAS PARKS AND RECREATION FOUNDATION TO SIGN A PERPETUAL ACCESS EASEMENT GRANTING A 30 -FOOT (30') WIDE ACCESS EASEMENT THROUGH AN 11.60 ACRE TRACT OF LAND IN THE JOSEPH BERRY SURVEY, ABSTRACT 63, IN WILLIAMSON COUNTY, TEXAS, WHICH IS OUT OF A 46.915 TRACT OF LAND HELD IN TRUST BY TEXAS PARKS AND RECREATION FOUNDATION AS FUTURE PARK LAND FOR THE CITY OF GEORGETOWN AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request from R. Scott Pope and wife, L. Marie Pope and Bob Logan Pope and wife, Cindy Pope ("the Popes"), for an access easement across property owned by Texas Parks and Recreation Foundation in trust for the City of Georgetown; and WHEREAS, there currently exists a 30 -foot access easement across the property, as most recently evidenced in Deed from Linda Ann Smith to Bob Logan Pope and wife, Cindy Pope, recorded as Document #9616484 in the Official Records of Williamson County, Texas; and WHEREAS, the Popes have requested that the existing easement be extended to include R. Scott Pope and L. Marie Pope in order to enable them to maintain access to their property which is adjacent to the property held in trust for the City of Georgetown; 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 Transportation Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals"; and 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. Texas Parks and Recreation Foundation is hereby authorized to execute a Perpetual Access Easement in the form attached as Exhibit 1 granting the Popes an access easement across property held in trust for the City of Georgetown. � v Pope Access Easement Res. No L' O —/` Page 1 of 2 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 8th day of April, 1997. MET Sandra D. Lee City Secretary AP ROVED AS TO FORM.- Marianne ORM:Marianne Landers Banks City Attorney Pope Access Easement Res. No. Page 2 of 2 THE CITY OF GEORGETOWN: By: Lto WO`/OD Mayor PERPETUAL ACCESS EASEMENT STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ) That TEXAS PARKS AND RECREATION FOUNDATION, a Texas nonprofit corporation, OWNER of the following described real property located in Williamson County, Texas ("OWNER"), does hereby grant to R. SCOTT POPE and wife, L. MARIE POPE and BOB LOGAN POPE and wife, CINDY POPE, ("Grantor"), a PERPETUAL ACCESS EASEMENT for ingress and egress on and through the following described property: BEING 0.75 acre of the Joseph Berry Survey, Abstract 63, in Williamson County, Texas, and being a 30 -foot easement along the east line of an 11.60 acre tract, and being more particularly described by metes and bounds on Exhibit "A" attached hereto upon, over, and across said property as herein described. Said easement shall be limited to the purposes of ingress and egress on the Easement Area for the benefit of the Grantor. It is expressly understood that the OWNER or future owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use as expressed in this document. It is the intent of the OWNER that any future modification or relocation of the Easement Area shall require the express approval of the City of Georgetown. EXECUTED this day of CeLTTMI10T.7 1997. TEXAS PARKS AND RECREATION FOUNDATION By: Its: APPROVED AS TO FORM: Marianne Landers Banks City Attorney STATE OF TEXAS COUNTY OF CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 1997 by , a person known to me. in his capacity as of Texas Parks and Recreation Foundation. Notary Public in and for the STATE OF TEXAS EXHIBIT The free and uninterrupted use, liberty, privilege, and easement of passing in, on, and along, in common with Grantor herein, its successors and assigns, a certain tract of land described by metes and bounds as follows, to -wit: Being 0.75 acres of the Joseph Berry Survey, Abstract 63, in Williamson County, Texas, and being a 30 -foot easement along the East line of an 11.60 -acre tract. BEGINNING at a point in the South R O W of FM 2606 and in the North line of the 11.60 acres 30.7 feet from the NE corner of same. THENCE N 880 11' E 30.7 feet to an iron pin at the said NE corner of the 11.60 acres. THENCE S 190 E 1087.3 feet with the East line of the 11.60 acres to set an iron pin in the North R O W line of the MK&T Railroad. THENCE S 820 44' W 30.7 feet with the North R O W of the Railroad. THENCE N 190 W 1090.2 feet to the POINT OF BEGINNING. EXHIBIT Page®f O rn z --i m m V) rp t, 'gym -Z 1c, -n le , > Fn > :13 Cn C) VV O C7 7J >no m -n U3 71 rn< M> -,j .03 m 0-4rT)m --f -n ckMrn>;Q zo rnO L, >-D m 0 -no to fri (" fes-- rn rn r -o 0, rn 'E vil v r > EXHIBIT rn z 4 Page 0 f ----------