HomeMy WebLinkAboutRES 052819-F - Abandon Esmt South ForkRESOLUTION NO. Q52 _`ft6L— F _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN RELEASING AND ABANDONING A UTILITY
EASEMENT SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY,
ABSTRACT NO.558, GRANTED TO THE CITY OF GEORGETOWN AND
RECORDED IN VOLUME 1141, PAGE 366, VOLUME 1141, PAGE 371,
AND VOLUME 1141, PAGE 376, OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TO ESSMAN FAMILY
PARTNERSHIP, L.P. AND SOUTHFORK PARTNERS, LLC.
WHEREAS, the City of Georgetown (the "City") has received an application from
Southfork Partners, LLC, for the release and abandonment of the utility easement granted to the
City and recorded in Volume 1141, Page 366, Volume 1141, Page 371, and Volume 1141,
Page 376, of the Official Public Records of Williamson County, Texas (the "Easement"); and
WHEREAS, said Easement was acquired in January 1985 for the purpose of constructing
and maintaining water and wastewater lines across Lot One (1), Block "A", SOUTH FORK
APARTMENTS, a Subdivision in and to the City of Georgetown, Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet F, Slides 341-342, Plat Records of
Williamson County, Texas (the "Property"); and,
WHEREAS, the water and wastewater lines were to serve the future development of the
Property, but such development has not yet occurred and thus the utility lines were never
constructed; and,
WHEREAS, the current owners of the Property, Essman Family Partnership, L.P. and
Southfork Partners, LLC (together, the "Owners"), have requested the abandonment of the
Easement as the Easement hinders use or conveyance of the Property; and
WHEREAS, the Owners will provide replacement easements to the City and will
construct new water and wastewater infrastructure as part of the future development of the
Property; 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.
Resolution No. 05 Looll ,�
Description: Release and abandonment of a Utility Easement, South Fork
Date Approved:_Q5 12-46 1- 1.2, 0 11 Page 1 of 2
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 "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 &1y of , 2019.
CITY OF GEORGETOWN ATTEST:
By:
Dale Ross7K4ayor Robyn Oensmore, City Secretary
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No.
Description: Release and abandonment of a Utility Easement, South Fork
Date Approved: Page 2 of 2
Exhibit "A"
Q(JITCLAIM 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
GRANTEES: 1) Essman Family Partnership, L.P., a Texas limited partnership
2) Southfork Partners, LLC, a Texas limited liability company
GRANTEES' Mailing Addresses (including County):
1) P.O. Box 302, Midland, Midland County, Texas 79702-0302
2) P.O. Box 3383, Midland, Midland County, Texas 79702
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 Vol. 1141, Page 366; Vol. 1141,
Page 371; and Vol. 1141, Page 376 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 W-WW Easements
South Fork
CoG Map Section L-52/L-53
Page 1 of 2
EXECUTED this the
GRANTOR:
CITY OF GEORGETOWN
BY: (I",
Dale Ross, Mayor
day of
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
2019.
ATTEST:
: UAJi.,,. _`Til.
.CIA WA9qk__
Robyn D 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.
2019.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
y LINDA RUTH WHITE
=. •_ My Notary ID # 124936123
Expires May 24, 2020
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Quitclaim Deed abandoning W-WW Easements
South Fork
CoG Map Section L-52/L-53
Page 2 of 2
Public, SQate of Texas