HomeMy WebLinkAboutRES 032216-F - Abandon CTSUD EsmtRESOLUTION No. �,3 xt (y —1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN VACATING AND ABANDONING EASEMENTS
PREVIOUSLY CONVEYED TO CHISHOLM TRAIL SPECIAL UTILITY
DISTRICT AND BEING LOCATED ON PROPERTY CURRENTLY
OWNED BY F -L HM OWNER, LP, LOCATED ON SH 29 WEST TO BE
KNOWN AS ORCHARD RIDGE SUBDIVISION.
WHEREAS, the City of Georgetown ("City") has received an application from F -L
HM OWNER, LP, a Delaware limited partnership, and owner of property proposed for
subdivision as Orchard Ridge Subdivision (formerly known as Highland Meadows) (the
"Applicant"), for the vacation and abandonment of certain utility easements described
on Exhibit "A" attached hereto and previously granted to Chisholm Trail Special Utility
District ("CTSUD"); and
WHEREAS, the subject easements are "blanket" in nature and Applicant has
applied for vacation and abandonment in order to clear title to its property and facilitate
the sale and/or development of lots therein; and
WHEREAS, the subject easements were assigned to the City by SPECIAL
WARRANTY DEED AND ASSIGNMENT OF EASEMENTS recorded in Document No. 2014076202,
Official Records of Williamson County, Texas, pursuant to that one certain ASSET
TRANSFER AND UTILITY SYSTEM CONSOLIDATION AGREEMENT between the City and CTSUD
dated September 25, 2013; and
WHEREAS, City utility staff and the General Manager of Utilities, or his designee,
have reviewed the application and find that all other necessary easements will be
provided for in the proposed plat and all required utilities will be relocated and/or placed
into existing right of way or easements; and
WHEREAS, upon consideration of Applicant's request, the City Council finds that
a public need for the subject easements no longer exists and that said easements may be
vacated and abandoned pursuant to City Ordinance No. 2009-47 relating to disposition
of City property.
Resolution No. Q 6' ZQ\ �p J�
Description: Vacation and abandonment of CTSUD easements (Orchard Ridge Subdivision)
Date Approved: '2� •)-2k- ; 1Q I la Page 1 of 3
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 the adoption of this resolution is not inconsistent or in conflict with any of the
City's 2030 Comprehensive Plan policies.
SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in
substantially the same form attached hereto as Exhibit "B" and any other conveyance
document(s) necessary to complete the vacation and abandonment of the easements
described herein and the City Secretary is authorized to attest thereto on behalf of the
City of Georgetown.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this ?� day of N") 2016.
CITY OF GEORGETOWN ATTEST:
BY: (JL eO��
Dale Ross, Mayor
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No.
Description: Vacation and abandonment of CTSUD easements (Orchard Ridge Subdivision)
DateApproved: ^ ci� r�— a� 1, Page 2 of 3
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this date personally Dale Ross, 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 thisD6)day of � 2016.
�✓
UNDARUTH WHITE
* My Notary ID # 124936123
E10res May 24, 2020
1 11 Notary Public, S+ of Texas
AFTER RECORDING, RETURN TO:
City of Georgetown
ATTN: Terri Calhoun, Real Estate Services Coordinator
P.O. Box 409
Georgetown, Texas 78627
Resolution No. b_3 ;V, -)6\U— F'
Description: Vacation and abandonment of CTSUD easements (Orchard Ridge Subdivision)
Date Approved: �_; , �) - r40 � k Page 3 of 3
Exhibit "A"
Description of Property to be Abandoned
1. Right of Way Easement dated December 19, 1983, granted by Logan Melton to
Chisholm Trail Water Supply Corporation recorded in Volume 975, Page 373,
Official Records, Williamson County, Texas, as subsequently transferred to
Chisholm Trail Special Utility District by instrument dated July 16, 1992 and
recorded in Volume 2168, Page 44, Official Records, Williamson County, Texas;
2. Right of Way Easement dated August 10, 1994, granted by Jimmy D. Saunders
and wife, Judy F. Saunders to Chisholm Trail Special Utility District recorded in
Volume 2602, Page 152, Official Records, Williamson County, Texas;
3. Right of Way Easement dated May 26, 1982, granted by Edwin Rosenbusch to
Chisholm Trail Water Supply Corporation recorded in Volume 939, Page 260,
Official Records, Williamson County, Texas; and
4. Right of Way Easement dated September 7, 1983, granted by Edwin Rosenbusch
and wife Margie Rosenbusch to Chisholm Trail Water Supply Corporation
recorded in Volume 954, Page 559, Official Records, Williamson County, Texas,
as subsequently transferred to Chisholm Trail Special Utility District by
instrument dated July 16, 1992 and recorded in Volume 2168, Page 44, Official
Records, Williamson County, Texas.
EXHIBIT "B"
[FORM OF 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: 12016
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: F -L HM OWNER, LP, a Delaware limited partnership
GRANTEE'S Mailing Address (including County): 8601 Ranch Road 2222,
Building 1, Suite 260, Austin, Texas 78730 (Travis County)
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
Easements granted to the Chisholm Trail Special Utility District
("CTSUD") described in Exhibit "A" attached hereto, as the same
have been assigned and transferred to Grantor by SPECIAL
WARRANTY DEED AND ASSIGNMENT OF EASEMENTS recorded in
Document No. 2014076202, Official Records of Williamson
County, Texas.
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.
Page 1 of 2
EXECUTED this the day of 12016.
GRANTOR
CITY OF GEORGETOWN
I5-ya
Dale Ross, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
ATTEST:
Shelley Nowling, City Secretary
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally Dale Ross,
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
2016.
APPROVED AS TO FORM:
Charlie McNabb, 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"
Description of Property to be Abandoned
1. Right of Way Easement dated December 19, 1983, granted by Logan Melton to
Chisholm Trail Water Supply Corporation recorded in Volume 975, Page 373,
Official Records, Williamson County, Texas, as subsequently transferred to
Chisholm Trail Special Utility District by instrument dated July 16, 1992 and
recorded in Volume 2168, Page 44, Official Records, Williamson County, Texas;
2. Right of Way Easement dated August 10, 1994, granted by Jimmy D. Saunders
and wife, Judy F. Saunders to Chisholm Trail Special Utility District recorded in
Volume 2602, Page 152, Official Records, Williamson County, Texas;
3. Right of Way Easement dated May 26, 1982, granted by Edwin Rosenbusch to
Chisholm Trail Water Supply Corporation recorded in Volume 939, Page 260,
Official Records, Williamson County, Texas; and
4. Right of Way Easement dated September 7, 1983, granted by Edwin Rosenbusch
and wife Margie Rosenbusch to Chisholm Trail Water Supply Corporation
recorded in Volume 954, Page 559, Official Records, Williamson County, Texas,
as subsequently transferred to Chisholm Trail Special Utility District by
instrument dated July 16, 1992 and recorded in Volume 2168, Page 44, Official
Records, Williamson County, Texas.
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: 2016
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: F -L HM OWNER, LP, a Delaware limited partnership
GRANTEE'S Mailing Address (including County): 8601 Ranch Road 2222,
Building 1, Suite 260, Austin, Texas 78730 (Travis County)
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
Easements granted to the Chisholm Trail Special Utility District
("CTSUD") described in Exhibit "A" attached hereto, as the same
have been assigned and transferred to Grantor by SPECIAL
WARRANTY DEED AND ASSIGNMENT OF EASEMENTS recorded in
Document No. 2014076202, Official Records of Williamson
County, Texas.
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.
Page 1 of 2
EXECUTED this the ?a-- day of Mca; 2016.
GRANTOR
CITY OF GEORGETOWN
Dale Ross, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
ATTEST:
Shelley No lin , City Secret y
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally Dale Ross,
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. n
DER MY HAND AND SEAL OF OFFICE this=�! a of
GIVEN UN _ y
2016.
LINDA RUTH WHITE
My Notary ID i# 124936123 /
a. �i<` EVbw May 24, 2020 (rL
NotAy Public, _tate of Texas
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
AFTER RECORDING, RETURN TO:
City Secretary
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Page 2 of 2
Exhibit "A"
Description of Property to be Abandoned
1. Right of Way Easement dated December 19, 1983, granted by Logan Melton to
Chisholm Trail Water Supply Corporation recorded in Volume 975, Page 373,
Official Records, Williamson County, Texas, as subsequently transferred to
Chisholm Trail Special Utility District by instrument dated July 16, 1992 and
recorded in Volume 2168, Page 44, Official Records, Williamson County, Texas;
2. Right of Way Easement dated August 10, 1994, granted by Jimmy D. Saunders
and wife, Judy F. Saunders to Chisholm Trail Special Utility District recorded in
Volume 2602, Page 152, Official Records, Williamson County, Texas;
3. Right of Way Easement dated May 26, 1982, granted by Edwin Rosenbusch to
Chisholm Trail Water Supply Corporation recorded in Volume 939, Page 260,
Official Records, Williamson County, Texas; and
4. Right of Way Easement dated September 7, 1983, granted by Edwin Rosenbusch
and wife Margie Rosenbusch to Chisholm Trail Water Supply Corporation
recorded in Volume 954, Page 559, Official Records, Williamson County, Texas,
as subsequently transferred to Chisholm Trail Special Utility District by
instrument dated July 16, 1992 and recorded in Volume 2168, Page 44, Official
Records, Williamson County, Texas.