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HomeMy WebLinkAboutRES 900413 - Quit Claim Deed Logan RanchRESOLUTION N0, A RESOLUTION PUKING CERTAIN FINDINGS OF FACT AND CONCLUSIONS, AND AUTHORIZING THE MAYOR OF THE CITY OF GEORGETOWN TO EXECUTE A QUITCLAIM DEED TO VACATE AND ABANDON A FIFTY FOOT (501) NIDE ACCESS EASEMENT AND TWO TEN FOOT (101) WIDE PUBLIC UTILITY EASEMENTS WHICH EXTEND ALONG A COMMON PROPERTY LINE BETWEEN LOT56OF LOGAN RANCH SECTION 1, AS RECORDED IN CABINET E, SLIDE 1, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A 5,03 ACRE TRACT IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO, 524, AS RECORDED IN VOLUME 1596, PAGE 932 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; WHEREAS, the City of Georgetown has received :an Application for the Vacation and Abandonment of a fifty foot (501) wide Access Easement and two ten foot (10 1 ) wide Public Utility Easements which extend along a common property line between lot 56 of Logan Ranch Section 1, as recorded in Cabinet E, Slide 1, of the Plat Records of Williamson County, Texas, and a 5,03 acre tract in the William Roberts Survey, Abstract No. 524, as recorded in Volume 1596, Page 932 of the Official Records of Williamson County, Texas; WHEREAS, in order for a public utility easement to be abandoned by the City Council of the City of Georgetown, the Council makes certain findings of facts, as follows: 1. That through no fault of the present property owners, a portion of a structure was constructed in the public utility easement; 2, That there are no utilities existing in the easement; 3. That the utility companies serving the area, including and surrounding the easement area, have determined that there exists no present or foreseeable future need for the easement; 4e That the structure intrudes into the easement to such'a degree that it isnot economically feasible to remove the part of the structure within the easement; and 5, That the land use in the neighborhood appears to be stable, and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; and WHEREAS, after hearing the Application and finding the specific facts as stated above, the City Council now concludes and finds that: 1 The fact that the structure was constructed within the easement through no fault of the present property owners, and that it is not economically feasible to remove the part of the structure within the easement area, does constitute special Circumstances and conditions affecting the property, which if not taken into consideration, would deprive the applicants of the reasonable use of their property; 2, The fact that the land use is not likely to change within the foreseeable ;future, and that it is not economically feasible to remove the part of the structure within the easenent, does provide a basis for granting the use necessary for the preservation and enjoyment of the substantial property right of the applicants; 3, The fact that the use of the easement area by the property owners does not interfere with any utilities or access to any utilities, is not detrimental to the public health, safety or welfare or injurious to the property; in the area, and that there exists no present or foreseeable future need for the easement, doesconstitute a basis for vacating and abandoning the easements NOW, THEREFORE, BE IT:RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, that: SECTION I, The Mayor is hereby authorized to execute, on behalf of the City of Georgetown, a Quit "Claim Deed to Janes and Yvonne Enbree, vacating and abandoning of a'fifty foot (SO') wide Access Easement and two ten foot (101) wide Public Utility Easements which extend along a common property line between lot 56 of Logan Ranch Section l; as recorded in Cabinet E, Slide 71 of the Plat Records of Williamson County, Texas, and a 5,03 acre tract in the William Roberts Survey, Abstract No. 524, as recorded in Volume 1596, Page 932 of the Official Records of Williamson County, Texas; SECTION II, This resolution shall be effective immediately upon adoption, Utility Easement Resolution/Page 2 of 3 Pages RESOLVED this 41 day of 1990. w: H. Connor; Mayor ATTEST: lu njV Elizabeth Cray d City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Utility Easement Resolution/Page 3 of 3 Pages