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HomeMy WebLinkAboutRES 051419-J - Abandon Wastewater EsmtRESOLUTION NO. l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A WASTEWATER EASEMENT SITUATED IN THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, GRANTED TO THE CITY OF GEORGETOWN AND RECORDED AS DOCUMENT NO.2019006808 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TO 278 GEORGETOWN, INC. WHEREAS, 278 Georgetown, Inc., a Texas corporation, ("278 Georgetown") attempted to convey to the City of Georgetown (the "City") a wastewater easement, on the terms and as described in Document No. 2019006808 in the Official Public Records of Williamson County, Texas (the "Easement"); and, WHEREAS, the City does not accept the form of the document conveying, nor the terms of, said Easement; and, WHEREAS, the purpose of the easement is to allow the construction and maintenance of a future public wastewater line, to become a part of the City's wastewater system, a necessary part of the development of the Shadow Canyon subdivision by 278 Georgetown; and, WHEREAS, 278 Georgetown has agreed to convey to the City a replacement easement, on terms and with a form agreeable to the City; and, WHEREAS, no wastewater line within the Easement has been accepted by the City into the City's collection system, and so release and abandonment of the Easement will not cause a deficiency in services; and, WHEREAS, upon considering the request for release and abandonment of the Easement, and additional information pertaining to the request, the City Council now finds that a public need for the Easement no longer exists and it may, therefore, be abandoned and released. 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 fords that the adoption of this resolution is not inconsistent or in conflict with any of the City's 2030 Comprehensive Plan policies. Resolution No. 0514t q 5 Description: Release and abandoonmen t of a WW Easement, Shadow Canyon, CoG Map Quad J-53/J-52 Date Approved: () 1 1 !, 1 9,0l°I 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 "A" and any other conveyance document(s) necessary to complete the release and abandonment of the utility easement described herein, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 14-[k day of 12019. CITY OF GEORGETOWN ATTEST: By: rc-� , LA -*%A . .. 7uA� - Dale Ross, Mayor Robyn Ifensmore, City Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. C6 i q m — Description: Release and aba pdonment of a WW Easement, Shadow Canyon, CoG Map Quad J-53/J-52 Date Approved: Page 2 of 2 Exhibit "A" 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: 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: 278 Georgetown, Inc., a Texas corporation GRANTEE'S Mailing Address (including County): 4407 Spicewood Springs Rd., 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 that 1.543-acre Wastewater Easement Area out of the Isaac Donagan Survey, Abstract No. 178 in Williamson County, Texas, as described in Document No. 2019006808 recorded in the 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 Wastewater Easement Shadow Canyon WW CoG Map Quad J-52/J-53 Page 1 of 2 EXECUTED this the GRANTOR CITY OF GEORGETOWN BY: �th•C( iw - Dale Ross, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON day of 02019. ATTEST: J, A-.M% A. Robyn De smore, 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 M 2019. LINDA RUTH WHITE My Notary ID # 124936123 Expires May 24, 2020 APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed Abandoning Wastewater Easement Shadow Canyon WW CoG Map Quad J-52/J-53 Page 2 of 2 40tal��Public, S ate of Texas