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HomeMy WebLinkAboutRES 112817-D - Abandon Corner ROWRESOLUTION NO. W331—D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE VACATION AND ABANDONMENT OF TWO 0.34 - ACRES TRACTS OF LAND, COMPRISING A 0.68 -ACRE PROPERTY, MORE OR LESS, OUT OF THE ANTONIO FLORES SURVEY, AS DESCRIBED IN THE METES AND BOUNDS WITH SKETCH ON EXHIBITS "A" & "B" ATTACHED HERETO, AND BEING LOCATED AT THE SOUTH-EAST CORNER OF NORTH EAST INNNER LOOP AND AUSTIN AVENUE. WHEREAS, the City of Georgetown has received a request to abandon two 0.34 -acre tracts of land, totaling 0.64 acres, and being a remainder of that 2.004 acre tract conveyed to the City in Document No. 2002096046. Said tracts being described on Exhibits "A" & `B" attached hereto (collectively, the "Property"); and WHEREAS, the Property was acquired in 2002 as part of the North East Inner Loop Extension; and WHEREAS, the North East Extension has been completed and the property is now vacant and not necessary for the operation and maintenance of the roadway; and WHEREAS, the applicant owns the 28.27 acre tract adjoining the Property to the southwest; and, WHEREAS, the applicant has received the consent of the owner of that certain 0.5 -acre tract adjoining the Property to the Southwest; and, WHEREAS, in return for the abandonment of the property and conveyance by Deed without Warranty, the applicant has agreed to pay the City $148,500, that amount being the appraised value of the Property as of September 6, 2017. WHEREAS, upon considering the request for vacation and abandonment of the Property and additional information pertaining to the request, the City Council finds that a public need for the Property no longer exists, and that such Property 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 Property, subject to the conditions described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Resolution No. X I a% 1-1 - Description: Corner ROW, NE Inner Loop and Austin Ave Date Approved:11 .�� aQ I Page 1 of 2 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 Deed Without Warranty in substantially the same form attached hereto as Exhibit "C", and any other conveyance document(s) necessary to complete the vacation and abandonment of the Property described herein, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown, subject to receipt of payment. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of Majgok6l 2017. CITY OF GEORGETOWN ATTEST: By: �, C�-, Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. � I a $ —b Shelley Nowli Secretary Description: Corner R W, NE Inner Loop and Austin Ave Date Approved:% ; $ _'a ] ~ Page 2 of 2 Page 1 of 2 Proj No. 22549 October 2, 2017 Exhibit "A" DESCRIPTION OF TRACT 1 0.340 Acres Antonio Flores Survey Abstract No. 235 Williamson County, Texas DESCRIPTION OF A 0.340 ACRE TRACT OF LAND LOCATED IN THE ANTONIO FLORES SURVEY, ABSTRACT 235, PATENTED IN CONFLICT WITH THE 0. PERRY SURVEY, ABSTRACT 10, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THAT CERTAIN CALLED 2.004 ACRE TRACT OF LAND CONVEYED TO THE CITY OF GEORGETOWN OF RECORD IN DOCUMENT NO. 2002096046, OF SAID OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.340 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod found on the curving southwest right-of-way line of North East Inner Loop, a 120 foot roadway, at its intersection with the south boundary line of said 2.004 acre tract of land, for the northwest corner of that certain 6.35 acre tract of land conveyed to Williamson County for the Inner Loop right-of-way, of record in Document No. 2005068319, said Official Public Records, same point being the northeast corner of that certain 29.476 acre (Tract 1), conveyed to Pence Investments by Warranty Deed of record in Document No. 2015085305, said Official Public Records; THENCE, South 69021'13" West, with the south boundary line of said 2.004 acre tract of land, same line being a north line of said 6.35 acre tract of land, a distance of 238.71 feet, to a 1/2 inch iron rod with cap stamped "SAM INC" found on the east boundary line of that certain 2.51 acre tract of land conveyed to Buen Perro Holdings, LLC, by Warranty Deed with Vendor's Lien of record in Document No. 2016071656, said Official Public Records, for the northwest corner of said 6.35 acre tract of land, same point being the southwest corner of said 2.004 acre tract of land, and for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE, North 21°16'04" West, with said east boundary line of said 2.51 acre tract of land, same line being the east boundary line of said 2.004 acre tract of land, a distance of 173.26 feet, to a 1/2 inch iron rod found on the southeast right-of-way line of US Highway No. 81, as dedicated in Volume 279, Page 147, Deed Records of Williamson County, Texas, said -roadway -also being known -as -Spur 158 and N. Austin-Avenue,a-- variable -width roadway, for the northeast corner of said 2.51 acre tract of land, same point being the western most northwest corner of said 2.004 acre tract of land, and for the northwest corner of the herein described tract, from which point a Texas Department of Transportation (TxDOT) concrete monument (Type II) found bears North 22° 01' 22" West, a distance of 0.70 feet; THENCE, North 77°46'00" East, severing said 2.004 acre tract of land, a distance of 132.40 feet, to a 1/2 inch iron rod with cap stamped "STEGER BIZZELL" set on said curving Page 2 of 2 Proj No. 22549 October 2, 2017 0.340 Acres Antonio Flores Survey Abstract No. 235 Williamson County, Texas southwest right-of-way line of North East Inner Loop, no dedication found to date for this section of roadway, for the northeast corner of the herein described tract; THENCE, with a non -tangent curve to the left, with said southwest right-of-way line, and continuing to sever said 2.004 acre tract of land, an arc distance of 35.93 feet, having a radius of 7699.44 feet, a central angle of 000°16'03", and a chord that bears South 55°32'21" East, a chord distance of 35.93 feet, to a point for the southeast corner of the herein described tract; THENCE, South 29036'59" West, continuing to sever said 2.004 acre tract of land, a distance of 194.61 feet, the POINT OF BEGINNING, and containing 0.340 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD -83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The forgoing metes and bounds description and survey on which it is based is accompanied by and a part of survey map of the subject tract. I certify that this description was prepared from a survey made on the ground in August and September, 2017, under my supervision. Steger & Bizzell Engineering Inc. �••- •. / INIGLiac! AHGEL ESCOBAR Miguel A. Esc:nbar, LSLS, RPLS • w: 5630 Texas Reg. No. 5630 `qN4 5116i�4 1978 South Austin Avenue Georgetown, Texas 78626 (512)-930-9412 TBPLS Firm No. 10003700 P:\22000-22999\22549-Hoover\Survey Data\Descriptions\22549-HOOVER-N Half M&B.docx STEGE -K IZZELL 1978 S. 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Page 1 of 2 Proj No. 22549 October 2, 2017 Exhibit "B" DESCRIPTION OF TRACT 2 0.340 Acres Antonio Flores Survey Abstract No. 235 Williamson County, Texas DESCRIPTION OF A 0.340 ACRE TRACT OF LAND LOCATED IN THE ANTONIO FLORES SURVEY, ABSTRACT 235, PATENTED IN CONFLICT WITH THE 0. PERRY SURVEY, ABSTRACT 10, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THAT CERTAIN CALLED 2.004 ACRE TRACT OF LAND CONVEYED TO THE CITY OF GEORGETOWN OF RECORD IN DOCUMENT NO. 2002096046, OF SAID OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.340 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found on the curving southwest right-of-way line of North East Inner Loop, a 120 foot roadway, at its intersection with the south boundary line of said 2.004 acre tract of land, for the northwest corner of that certain 6.35 acre tract of land conveyed to Williamson County for the Inner Loop right-of-way, of record in Document No. 2005068319, said Official Public Records, same point being the northeast corner of that certain 29.476 acre (Tract 1), conveyed to Pence Investments by Warranty Deed of record in Document No. 2015085305, said Official Public Records, for the southeast corner of the herein described tract; THENCE, South 69"21'13" West, with the south boundary line of said 2.004 acre tract of land, same line being a north line of said 6.35 acre tract of land, a distance of 238.71 feet, to a 1/2 inch iron rod with cap stamped "SAM INC" found on the east boundary line of that certain 2.51 acre tract of land conveyed to Buen Perro Holdings, LLC, by Warranty Deed with Vendor's Lien of record in Document No. 2016071656, said Official Public Records, for the northwest corner of said 6.35 acre tract of land, same point being the southwest corner of said 2.004 acre tract of land, and for the southwest corner of the herein described tract; THENCE, North 29'36'59" East, severing said 2.004 acre tract of land, a distance of 194.61 feet, to a point on said curving southwest right-of-way line of North East Inner Loop, no dedication found to date for this section of roadway, for the north corner of the herein described tract; fit,P� ��� /to 17 1 Page 2 of 2 Proj No. 22549 October 2, 2017 0.340 Acres Antonio Flores Survey Abstract No. 235 Williamson County, Texas THENCE, with a non -tangent curve to the left, with said southwest right-of-way line, and continuing to sever said 2.004 acre tract of land, an arc distance of 153.00 feet, having a radius of 7699.44 feet, a central angle of 001°08'19", and a chord that bears South 56°14'32" East, a chord distance of 153.00 feet, the POINT OF BEGINNING, and containing 0.340 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD _83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The forgoing metes and bounds description and survey on which it is based ,is accompanied by and a part of survey map of the subject tract. I certify that this description was prepared from a survey made on the ground in August and September, 2017, under my supervision. Steger & Bizzell Engineering Inc. /00/7 TftIFLANGELCSC[l Mi{;url A. Escobar, LSLS, RPLS Texas Reg. No. 5630 1978 South Austin Avenue l,9.t:O ! . Georgetown, Texas 78626 (512) 930-9412 TBPLS Firm No. 10003700 P;\22000-22999\22549-Hoover\Survey Data\Descriptions\22549-HOOVER-S Half M&B.docx STEGERRR�IZZELL 1978 S. 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O Q m 0 `" ; y' W ! 3 H W h V w 6 W W s z - Z ..Zj Z•- i T '� Y e 2 F } =_yZf�mFww�° ala o o1SW my -TWz�aa55 F u° u GN'o�oc22�" so��yG�za Zo mW°a°o >�W3 fY=� t zWWW.s WI WfW^4� �WaGW� !�aZWawmO ffi mmGG "O=z�c WQ �y rjamgg°m LL ira° -cLL Yx i WOwGa� 5mu+wa =om x wo Fw `F »ww WOFG a ofc?af m.na W�w.n° °.� m..xWW �°a3so �fmz omo °�3mmm> co Cy z.. .J m v :i .° n .�:: c: v:.nz n -c, ,_,_. =ti,Jnr_csnaa:c,-,a-.-._._,_�...:,._,,...:.,. � :,� ,a,,..a ::.:J ,=n m:.,,_�..r.;�n n,��,..;..:;.a.:,•.-,+.;n..-:.a om4ae. .,a.y4 z.�n.,c=..em e.••m _:. �:.,o,x.ra »'assz6:a.��-.:r a;,: a.o�v�r,:u Wd BE�Eb�6 LTOZ/Z/OT'�P'dl 4�S-alT!1-6bSZZ\OM7Lp1eO N�+�SV+�°H-6VSZZ\666ZZ-000ZZ\=. Exhibit "C" DEED WITHOUT WARRANTY 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: Pence Investments, Ltd. (as to an undivided 80% interest); and Joseph Hoover/CTX, LLC. (as to an undivided 20% interest) GRANTEE'S MAILING ADDRESS (including County): Pence Investments, Ltd., 708 Rio Grande, Austin, Travis County, Texas 78701 Joseph Hoover/CTX, LLC, 4203 North Hills Drive, Travis County, Texas 78731 CONSIDERATION: One Hundred Forty-eight Thousand Five Hundred and No/100 Dollars ($148,500.00) and other good and valuable consideration. PROPERTY (including any improvements): Tract 1 Being a 0.34 -acre tract of land, said tract being more fully described by metes and bounds with sketch in the attached Exhibit "A" attached hereto and made a part hereof; Tract 2 Being a 0.34 -acre tract of land, said tract being more fully described by metes and bounds with sketch in the attached Exhibit `B" attached hereto and made a part hereof, Both Tracts together equaling approximately 0.68 acres of land (the "Property). Special Warranty Deed City of Georgetown to Pence Investments & Joseph Hoover/CTX Page I of 2 RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE: This conveyance is made, delivered and accepted subject to any and all easements, covenants, leases, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the same may still be in force and effect, and either shown of record in the office of the County Clerk of Williamson County, Texas, or apparent on the Property. Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's heirs, successors and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. GRANTOR: CITY OF GEORGETOWN, A TEXAS HOME -RULE MUNICIPAL CORPORATION (I L (I Dale Ross, Mayor STATE OF TEXAS ACKNOWLEDGEMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of '2017, by Dale Ross, as Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said City. Notary Public, State of Texas Special Warranty Deed City of Georgetown to Pence Investments & Joseph Hoover/CTX Page 2 of 2 [Exhibits "A" & "B" to Quitclaim Deed] Exhibit "A" & `B" to the Quitclaim Deed is heretofore attached as Exhibit "A" & `B" to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording.