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Home My WebLink AboutRES 010819-F - Abandon CTSUD WaterlineRESOLUTION NO. O 1 O,s I q` F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN VACATING AND ABANDONING PORTIONS OF TWO WATERLINE EASEMENTS ACROSS THE 14.582 -ACRE TRACT(S) DESCRIBED IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2018043426 AND THE 0.613 - ACRE TRACT(S) DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED AS DOCUMENT NO. 2018043427 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY (THE "O.P.R.WILCO.TX."); SAVE AND EXCEPT, ALL OF THAT 0.410 -ACRE TRACT OF LAND DESCRIBED ON EXHIBIT A-2 OF THE WARRANTY DEED RECORDED AS DOCUMENT NO. 2018043428 IN THE O.P.R.WILCO.TX., LOCATED ALONG THE SOUTH RIGHT OF WAY LINE OF SANTA RITA BOULEVARD. WHEREAS, the City of Georgetown (the "City") has received an application for the vacation and abandonment of a portion of the waterline easements granted in Volume 939, Page 306 and Document No. 9734610 O.P.R.Wilco.TX. (the "Easements"); and WHEREAS, said Easements were acquired for the purposes of constructing and maintaining potable water lines across property of which the 14.582 -acre tract was a part; and, WHEREAS, the current owner of a portion of the property encumbered by the above- described easements, Middlebrook, Ltd., has requested the abandonment of the Easements as the limits of the Easements are poorly defined and hinder use or conveyance of the property. The portions of the Easements requested to be abandoned and vacated are described on Exhibit "A". SAVE AND EXCEPT those easement rights across the property described and depicted on Mbit "B"; attached hereto (the "Property"); and WHEREAS, the owner is providing replacement easements to the City and will construct new waterline infrastructure, and is conveying a site for an elevated storage tank; and, WHEREAS, upon considering the request for vacation and abandonment of the Property, and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it may, therefore, be abandoned and vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Resolution No. 0 I O g 19 —IF Description: Vacation and abandonment of a portion of CTSUD Waterline Easements, Santa Rita LHISD Site Date Approved:�_46 1 Doll Page 1 of 2 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 "C" and any other conveyance document(s) necessary to complete the vacation and abandonment of the portions of the waterline 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 u`Gd 2019. CITY OF GEORGETOWN ATTEST: By: -r�� \N, Dale Ross, Mayor Shelley Nowling Secretary APPROVED AS TO FORM: Charee McNabb, City Attorney Resolution No. O 1 b 0o 19 Description: Vacation and abandonment of a portion of CTSUD Waterline Easements, Santa Rita LHISD Site Q Date Approved: \ . D Iao Page 2 of 2 EXHIBIT "A" All rights, title and privileges as conveyed in Volume 939, Page 306 and Document No. 9743610 of the Official Public Records of Williamson County, Texas ("O.P.R.Wilco.Tx"), across the 14.582 -acre tract(s) described in that certain Special Warranty Deed from Roselle M. Braun to Middlebrook, Ltd. recorded as Document No. 2018043426 and the 0.613 -acre tract(s) described in that certain Warranty Deed from Santa Rita Commercial, LLC to Middlebrook, Ltd. recorded as Document No. 2018043427 in the O.P.R.Wilco.Tx; SAVE and EXCEPT, all of that 0.410 -acre tract of land described on Exhibit A-2 of the Warranty Deed from Middlebrook, Ltd. to Santa Rita Commercial, LLC recorded as Document No. 2018043428 in the O.P.R.Wilco.Tx. Exhibit "B" 0,3435 Acre THAT PART OF THE NOAH SMITHWICK SURVEY, ABSTRACT No. 590 IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF A 14,582 ACRE TRACT OF LAND CONVEYED TO MIDDLEBROOK, LTD. BY DEED RECORDED IN DOCUMENT NO. 2018043426 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at a 1/T' iron rod set at the southwest corner of Lot 1, Block B, Santa Rita Ranch South Section 413, according to•tho plot thereof recorded in Document No. 2015018631 of the Official Public Rccords of Williamson County, Texas, also at the northwest corner ofLot 1C, Replat of Lot 1 13mun Conunat-cial, according to the plat thereof recorded ht Document No. 2015003274 of theOfiicial I'nblic Rccords of Williamsoa County, Texas, also at the norlheast coarct of a 1.70 Acre Tract of land conveyed to Stoma Rina Conunemiat, IS C by deed recordcd in Document No. 2015013355 of the ORiciel Public Records of Williamson County, Texas, and at tha seutireaat comic- of a 1.70 Acre Trraet of and conveyed to Middlebrook, LTD, by decd recorded in Document No, 2015013356 of the Official Public Records of Williamson County, Texas; THENCE S.85°57129"W, along the south line of said Middlebrook, LTD 1.70 Acro Tract and the north line of esid Santa Rita Commercial, LLC 1.70 Acre Tract, a distance of 90.02 feet to a 1/2" iron rod set at ilia southwest comet' of said Middlebrook, LTD 1.70 Acre Tract also at the northwest canto of said Santa Nita C:omntcroial,LLC 1.70 Acre Timet, also at the northeast conmor of a 3M4 Acro Tract of land conveyed to Santa Rita Cimmerciol, I.LC: by deed recorded in Documont No. 2013111090 of thoOTcial Publ10 Records of WiIII ansan County, Texas and on the south line ofsaid 14.582 Acus Tract, for the Point of Beginning; THENCE S -86°00'00"W across said 14.582 Acre Tract and along the north line of said 3.04 Acre Tract a distance of 283.90 feet to a 1/2" iron rod set at the northwest comer of said 3.04 Acre Tract, also at the 4ortheast comer of a 10.00 Acre Tract of land conveyed to Duncan L. Forest by deed recorded in Volmne 1990, Page 804 ofthe Official Records of Williamson County, Texas; THENCE N.77°00'17"W. across said 14.582 Acre Tract and along the north line of said 10.OD Acre Tract a distance of 584.55 feet to a 1/2" iron rod set at the northwest comer of said 10.00 Acre Tract and on the east line of a 17.77 Acre Tract of land conveyed to Middlebrook, LTD by deed recorded in Document No. 2018043426 of the Official Public Records of Willianwon County, Texas; THENCE N,00°01'03"W. with the east line of said 17,77 Acre Tract a distance of 15.40 feet; THENCE continuing across said 14.582 Acte Tract the fallowing five courses: 1. 5.77000'17"E, a distance of 585.78 feet; 2. N.85158'42"B. a distance of 266.11 feet to a point on a non -tangent curve 10 the left; 3. Northerly along the are of said curve, a distance of 1913 feet, said curve having a radius of 735.00 feet, a contral angle of 01 129'57" and a chord bearing N.07°24'44"W., 19.23 feet; 4. N.08°09'42"W. a distance of 109,11 feet; 5. N.81 °50'18 "E. a distance of 15.00 feet to a point on the west line of said Middlebrook, LTD 1.70 Acre Tract; Page 1 of 2 1348-900-133WL-ESMT-I-REV 1.rtf 1 W0857328.11 GEORGETOWN WATER LINE EASEMENT Page 5 of 9 0,3435 Acre TBMCE with the west line of said Middlebrook, LTD 1.70 Acre Tract the following two coutaes: I . S.08°09'42"E. a distance of 109.11 feet to a 1/2" iron rod set at a point on a point of curvature of a curve to the rtght; 2. Southerly along the arc of soid cuiw, a distauw of 35.43 fa;et, said curve having a radius of 750.00 feet, a eciltraI anglc of02"4224" and a Cho I'd beating .S,D6048'30" E. 35.43 feet to rhe said Point of Beginning. Containing 0.3435 aches, more or less, as shown on the sketch attached. Stel n Lawrelrce Rcgistend Professional Laud Surveyor No. 6352 State of Texas RT Surveying & Associates, Inc. 2900 Sa= Street, Round Rock, Texas 78664 F-10015400 All iron rods act have R1 Surveying caps Bearings are the Texas Coordinate System of 1983, Central Zone (4203) Page 2 of 2 1348-900-133WL-ESMT-I-REV 1.rtF (W0857-128.1) GEORGETOWN WATER LINE EASEMENT Page 6 of 9 4 �w FO DRI1E SALT FORK X114 ijr �_.y SAN tilTA RANCH A i l f of i pOG R°{yr50I�6�� 41J N 41 I Y7, __�_ F OOG°' -- — 1 O �[ S S I I I I i � a r l Nil' ! f 1 ! 1 f 1 1 t 1 1 � 1 f • 1 �1. Ir. pp� � sC60•03103' 'ON X00 000 S077 f.9 -------` -� �Y �•�. L7 Cl 7 '" [L'L! 'Q/7 Jl00AMT00liY �Ra4 4Ur duAk-lw Pli m P u r n 4 u 000 S077 f.9 -------` -� �Y �•�. L7 Cl {W0857328.1) GEORGETOWN WATER LINE EASEMENT Page 7 of 9 �Ra4 4Ur duAk-lw Pli m P {W0857328.1) GEORGETOWN WATER LINE EASEMENT Page 7 of 9 Exhibit "C" UITCLAIM 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: 2019 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: Middlebrook, Ltd., a Texas limited partnership GRANTEE'S Mailing Address (including County): c/o Ed Horne, 8200 N. MoPac, Ste. 300, Austin, Travis County, Texas 78759 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of those easement rights as described on Exhibit "A" SAVE AND EXCEPT waterline easement rights as may exist on, over, across and under property described and depicted on Exhibit "B": attached hereto and incorporated herein by reference. 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 Waterline Easements Middlebrook, Ltd. Santa Rita LHISD Site CoG Map Quad E-54 Page 1 of 2 EXECUTED this the day of 2019. GRANTOR ATTEST: CITY OF GEORGETOWN BY: 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 2019. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed abandoning Waterline Easements Middlebrook, Ltd. Santa Rita LHISD Site CoG Map Quad E-54 Page 2 of 2 [Exhibits "A" & "B" to Quitclaim Deed] Exhibits "A" & `B" to the Quitclaim Deed are heretofore attached as Exhibits "A" & `B" to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording.