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HomeMy WebLinkAboutRES 111417-E - Thomas Esmt AbandonRESOLUTION NO. I 114 11 —1� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE VACATION AND ABANDONMENT OF A WATER AND WASTEWATER EASEMENT RECORDED IN DOCUMENT NUMBER 2011037148, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID EASEMENT BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AND SKETCH ON EXHIBIT "A" ATTACHED HERETO. WHEREAS, the City of Georgetown has received a request from the Paula D. and Monty R. Thomas, owners of that 6.83 -acre tract of land property described in Document No. 9643179, for the vacation and abandonment of the subject easement located thereon as shown on Exhibit "A" attached hereto; and WHEREAS, the subject easement intended for certain utility improvements which have not been constructed and the proposed location of which have since been moved; and WHEREAS, the landowner has agreed to grant new easement rights over the area of the proposed utility improvements; and, WHEREAS, in return for the new easement to be granted, the owner is seeking vacation and abandonment of the subject easement. WHEREAS, upon considering the request for vacation and abandonment of the subject easement and additional information pertaining to the request, the City Council finds that a public need for the subject easement will longer exist once the new easement has been conveyed to the City, and that such easement may then be vacated and abandoned; and WHEREAS, the General Manager of Utilities, or his designee, has reviewed this request and has no objection to the vacation and abandonment of the subject easements, subject to the conditions described herein. 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. Resolution No. 11141-7 - E Description: Thomas Easel tent Abandonment, Indian Creek Date Approved: 11 1kL4 �k Q 1 % Page 1 of 2 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, subject to the establishment of replacements easement. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of VCWW 2017. CITY OF GEORGETOWN ATTEST: By: Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. •_ I I I �'—� Description: ThomasaseInt Abandonment, Indian Creek Date Approved: I I � I '-�ay 172 Page 2 of 2 Exhibit "A" FIELD NOTE DESCRIPTION FOR A 0.013 (560 SQUARE FEET) ACRE TRACT OF LAND: BEING A TRACT OR PARC)3L OF LAND SITUATED IN WILLIAWON COUNTY, TEXAS AND BEING OUT OF THE WOODRUFF S'1 -M3 LF1-1T'1'.D SURVEY ABSTRACT NO. 556, AND BEING A PART OF THAT CERTAIN 6.83ACRE TRACT OF LAND DESCRIBED CONVEYED TO MOUNI'Y R. THOMAS AND PAULA D. THOM" BY SPECIAL WARRANTY DEAD AS RECORDED IN DOCUMENT # 9643179, OF THE OFFICIAL PUBLIC RECORDS OF WILLIA<MSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point lying on the south lune of said 6.83 tract same beim the north line of lot 81 of the Meadows of Georgetown Subdivision, Phase 2 rccorded in Cabinet Z, Slide 309-311, of the Official Public Records of WiWamson County, Texas, for the southeast corner of the hereian described tract; THENCE along the west line of this tract through and across said 6.83 Thomas tract, North 62° 51' 12" West, a distance of 1136 feet to a calculated point for an angle comer of this tract; THBNCE North 07°37'06" lust, along the west line of this tract and through said Thomas Tract a distance of 26.85 feet to a calculated point lying on the north line of said 6.83 acre Tomas Tract ct xmnoil with. the south line of a 35' Public Utility Easement per plat of the Indian Creek Subdivision recorded in Cabinet E, Slide 379-380, of the Official Public Records of Williamson County, Texas, for the northwest comer of this tract; THENCE South 81°27'05" East, along the north line of this tract and south lice of said 35' Publio Utility Easement a distance of 15.00 feet to a calculated point for the northeast comer of this tract; TACE South 07°37106" West, along the East line of this tract and tlrrough said 6.83 Thomas tract a distance of 16.01 feet to a calculated point for an angle corner of this traot; THENCE along the east line of this tract through said 6.83 Thomas Tract; South 62°51'12" East; for a distance of 20A8 feet for an angle comer of this trach THENCE South 79053'25" West, along the south line of this tract coramon with the north line of said Lot 81 a distance of 24.78 to the POINT OF BEGINNING, cont dnin 0.013 acres (560 square feet) of land, more or less. G66rge E. Lucas¢' r�—GZEQRGAUI Registered Professioaal Land Surveyor No. 4160 y 4160 State of Texas s�ti Date: August 5, 2010 s u Q Pzae I of I SKETCH TO ACCOMPANY FIELD NOTES LEGAL QES PTi SEIN13 A 0.013 ACRE (680 SQUARE TRACT OF LAND STfUATED 114 WiLLIAlM414 COUNTY, TWS IYFT N THE WOODRUFF SMBOLMELD SURVEY AM'7RAGT K0. 656 AND BEING A PART 4F THAT CERTAN 6.83 ACRE TRACT DESCRIBED BY SPECIAL. WARRANTY DEED AS RECORDED IN DOCOVENT If 9543179 OF THE OFFICIAL PUBLIC RECORDS OF WILLlA}MSON COUNTY, TE>ta 4 A"I///-i/ 7 SEALS 1' = 20' r � LOT 30 1 r Lar 31 1 ! LEGEND I • WORM Fmo 1 1 r r s e OWMEIE UMUMD9 Fom O - IRON ROD SET l 1 t �• a 51 C) f Po+mt ME 40'D•E PER F'LA'T r ( �C]�'" � k GW Atic9i0R 3} - _ UW FINM '379_380 r r 1 �SL,� G -,r s wow y6, --TE r Ci r P'Ue PSR PLAT SCIH�1 X79-& P .PUS l I 6 NET l SiJDE 379_364 DRAMAGE FRSE MEXA DOG.# 2004086274 75.00' ly ^r iQ S0737'OVW [ � 0❑ 5 N co 16.01' I in N ` G M62751'12'°W6,� WASTEWATER EASWENT 11.366, sy9 '� `x 0.013 AC. (560 S.F.) r 24.78 0 g1 LOT 81 D.E. & P.U.E. I �4 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESEM^ AN EASEMENT WITHIN THE PROPERTY SHOWN HEREON, AND THAT THERE ARE NO E NCROACHMMS OF VUBL.E IMPROVOA TS, EX I—WN HEREON. OF e. AMIDE I LUCAS_ s-12-10 GEORGE Er LUCAS, V. y 4160 e': REGESTERED PRO 4160 4160 4'35 11771.E LAKE ROAD 5 U R HUITO, TEsXAS 78634 OFFICE (812) 635--4867 Exhibit: `B" UITCI_AIM 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: 2017 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: Paula D. and Monty R. Thomas GRANTEE'S Mailing Address (including County): 50700 Indian Creek Dr., Georgetown, Williamson County, Texas, 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of that 0.013 -acre (560 square foot) Water and Wastewater Easement out of the Woodruff Stubblefield, Abstract 556, in Williamson County, Texas, as conveyed and described in Document 2011037148, Official Public 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. Quitclaim Deed abandoning W/WW Esmnt 2011037148 Indian Creek Page 1 of 2 EXECUTED this the GRANTOR CITY OF GEORGETOWN Exhibit: `B" day of ATTEST: 2017. Dale Ross, Mayor Shelley Nowling, City Secretary 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 this day of 2017. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed abandoning W/WW Esmnt 2011037148 Indian Creek Page 2 of 2 [Exhibit "A" to Quitclaim Deed] Exhibit "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.