Loading...
HomeMy WebLinkAboutRES 101320-R - Abandon Utility EsmtRESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A 20' WIDE PORTION OF A PUBLIC UTILITY EASEMENT ACROSS BLOCK C, CLAMP'S ADDITION, AS DESCRIBED IN VOLUME 334, PAGE 394 ("PUE"). WHEREAS, the City Council of the City of Georgetown, Texas did authorize the abandonment of the former Clamp Street, a 40' street in Clamp's Addition, by a Resolution passed on April 8, 1946 and recorded in Volume 334, Page 394 of the Official Public Records of Williamson County, Texas. An easement was reserved to the City of Georgetown ("City") in the Resolution over the entire 40' wide former street for installation of utilities, of which the PUE is a portion; and, WHEREAS, since the time of reservation no utilities have been installed in the PUE. An electric line has been installed in the easement on the adjoining properties along the south line of Block C, but the entire 40' wide easement reserved in the Resolution is not necessary to support the City's existing infrastructure; and, WHEREAS, the width and location of the easement along the south line of Block C have caused the encroachment of a building into the easement, interfering with the proper permitting of necessary work and further development of the property; and, WHEREAS, the City has received a request from Bradley J. and Pamela N. Helgerson ("Owners"), current owners of Block C, Clamp's Addition, for the abandonment of the 20' portion of the easement encumbering their property to eliminate the encroachment. The Owners will provide a substitute easement, as described in Exhibit "A", attached hereto, for use by the City in support of its electric utility infrastructure; and, WHEREAS, no quitclaim deed was ever filed completing the abandonment of the former Clamp Street across Block C as was authorized by the Resolution; and, WHEREAS, upon considering the request for vacation and abandonment of the subject PUEs and additional information pertaining to the request, the City Council finds that a public need for the areas sought to be abandoned no longer exists and that said PUE may be released and abandoned pursuant to City Ordinance No. 2009-47 relating to disposition of City property; and WHEREAS, nothing herein shall operate to vacate or abandon any other PUE or easement. Resolution No. 101.3 7o -., = Description: ABD-2019-031, Helgerson, Clannp St. Date Approved: I r .b 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 "B" and any other conveyance document(s) necessary to complete the abandonments as described herein, and previously authorized, 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 _ek 2020_ CITY OF GEORGETOWN BY: �1& atv Dale Ross, Mayor APPROVED AS TO FORM: Skye Aasson, City Attorney Resolution No. I C7 Description: ABD-2019-031, Helgerson, Clamp St. Date Approved: 0C,k1A0Q/,( 12)1 j 11> ATTEST: ZLZ4 Llal Robyn Den ore, City Secretary Page 2 of 2 Exhibit "A" FOREST SURVEYING AND MAPPING CO. T.B.P.L.S Firm # 10002000 1002 Ash St. Georgetown, TX, 78626 DESCRIPTION FOR: CITY OF GEORGETOWN 0.0684 ACRES BEING 0.0684 acres of land, being part of Block C, of the Revised Plat of Clamp's Addition, To The City of Georgetown, of record in Volume 25, Page 185 of The Plat Records of Williamson County, Texas (P.R.W.C.T.), said 0.0684 acres being a portion of land out of 0.5569 acres, of record to Bradley J. and Pamela N. Helgerson, Document No. 2019028259 of the Official Public Records Williamson County, Texas. (O.P.R.W.C.T). This tract was surveyed on the ground in August of 2020 under the direction of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the State Plane Coordinate System, Texas Central Zone (4203), and being more particularly described by metes and bounds as follows: BEGINNING, at a''/z" iron pin found, in the East line of College Street and at the Southwest corner of said 0.5569 acre tract, for the Southwest corner hereof, from which a '/z" iron pin found, at the Northwest corner of a 0.1435 acre tract, of record to Jo Beth Wigington, in Document No. 2011078768, (O.P.R.W.C.T), bears: (1,13) S 12000'49" E, 10.94 feet, THENCE, with the common line of College Street and of said 0.5569 acre tract, (L1) N 13004'11" W, 15.12 feet, to a point, for the Northwest corner hereof, THENCE, over and across said 0.5569 acre tract the following six (6) courses and distances: 1. (L2) N 69050'17" E, 36.71 feet, to a point, in a concrete driveway, 2. (L3) S 23°20'34" E, 5.51 feet, to a point, 3. (L4) N 66°39'26" E, 67.09 feet, to a point, 4. (L5) N 23°20'34" W, 2.20 feet, to a point, one foot East of a concrete slab, 5. (L6) N 70°45'53" E, 51.25 feet, to a point, 6. (L7) 68°43'42" E, 59.32 feet, to a point in the West R.O.W. line of Walnut Street and the East boundary line of said 0.5569 acres, THENCE, with the common line of Walnut Street and said 0.5569 acre tract, (L8) S 22002'46" E, 15.00 feet, to a "X" marked in the top of a concrete planter, for the Southeast corner of said 0.5569 acre tract, and Southeast corner here of, said point being the Northeast corner of a 0.076 acre tract, called Tract 5, of record to Jean D. Neal Jr. Family Limited Partnership, in Document No. 9658592, (O.P.R.W.C.T.), described in Volume 877, Page 885, Deed Records Williamson County, Texas (D.R.W.C.T.), THENCE, with the common line of said 0.5569 acre tract and said 0.076 acre tract, along or near a fence, (L9) S 68040'34" W, 54.97 feet, to a 5/8 inch iron pin found, for the Northwest corner of said 0.076 acre tract, said point being the Northeast corner of a 0.154 acre tract, of record to John Robert Olivas and Patti A. Shilander, Volume 2316, Page 375, (D.R.W.C.T.), from which a 1/2 inch iron pin found, at the Southeast corner of said 0.154 acre tract bears: S 22°26'24" E, 122.03 feet, THENCE, with the common line of said 0.5569 acre tract and said 0.154 acre tract, along the South side of a fence, (L10) S 70137'59" W, passing at 4.89 feet, a 5/8 inch iron pin found, continuing in all 52.73 feet, to a 1/2 inch iron pin found, for the Northwest corner of said 0.154 acre tract, said point being the Northeast corner of a 0.15 acre tract, of record to Paul G. Litterski, Document No. 9866392, (O.P.R.W.C.T.), THENCE, with the common line of said 0.5569 acre tract and said 0.15 acre tract, along the South side of a fence, (L1I) S 69026'32" W, 51.10 feet, to a 1/2 inch capped iron pin found, for the Northwest corner of said 0.15 acre tract, from which a cotton gin spindle found, at the most Easterly Northeast corner of said 0.1435 acre tract, bears: S 13047'03" E, 23.10 feet, THENCE, with the South line of said 0.5569 acre tract, (1,12) S 69150'17" W, 57.99 feet, to the POINT OF BEGINNING, containing 0.0684 acres, more or less. FSM m&b Sign & Seal: Page 2 of 2 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this, the 22s` day of September 2020, A.D. File: Helgerson Utility Easement.doc �--�- WN2.F. FOREST JR. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847 Surveying Services are regulated by the Texas Board of Professional Engineers and Land Surveyors 1917 S Interstate 35 Austin, TX 78741, US (512) 440-7723 U) O co N T ON o 3 © O O 0 =aa0 CO) v_ •O L � E � � Q IL'1 d C1 m E N C1 L o N >. o Q cQ. V O .. w ` 3 G O g N E cc O r 0 �a O Z NJ Qi C U p LL G> V 10 L C Z yy w f.1N:0) m rn m O O C1 O C Q prs n l 41 coots �aLO 0 ; a a W i,� d-= o a) v V l o o o LL a o 0 o as o _� LL II o W o Z� c W .99'L L M .,9V ZO.ZZ N 19970 \ N C a .4 � O' C �h ro ¢ Q t' W 5 3��Qoa C• LJ JI O o�GN u + c a � ° - p I (,9L 0 .Q) o rn O w O fn -- L _O O ` H •`1 0- O X 555o O C O Nc O O T [4 ` Co o c 3 2 v u Q o E c ,o 0 r o a m°° : o � o E O Q1 > (,6A > a O � O ri L (n c Q O O L � U o) L U + rn QO v c C'i O O O � � T •� � � V j T O .� 0 0 b'9l Q, L c L 1 O N O O -0- O O� N M ,a •�` I 1 N N L L CU cre#A Drlvewa _LLL _ _ N o :7 �n7 I — O p N N N .i i m a - ci o C, W ED i o m a a Z to N w0 - -_ S 00 E L - - 133a1S 3037100 z H in ZOO O s t p° 3 > H ' 7 O L O O w s 3 O + -0 0 rn (n � p tV � � r M N N pI O O O N N M N M N M 11l O O � h rn 117 M f� ll� O M W rn to � 01 O r al N t0 d M r M O N � N � 01 N � O N N e0 N M � M N M � <t � M ifl M � O O rn O M M N O h co O O � M i[7 l0 r to 47 � O !n N I� N � � O lfl O � C m �''1 O M t0 pp O O� 01 N M (D O � N J tp N (O N h cp N t0 h t0 (O � r c0 N Z Z (n Z Z Z Z !n !n (n !n V] In Z Z In Z N (n N N M Exhibit: `B" 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: 2020 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: Bradley J. Helgerson & Pamela N. Helgerson GRANTEE'S Mailing Address (including County): 701 College St. S., Georgetown, TX 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being approximately 4,340 square feet, more or less, being a 20-foot-wide tract of land parallel and adjacent to the south line of Block C, CLAMP'S ADDITION to the City of Georgetown conveyed to Bradley J. Helgerson and Pamela N. Helgerson via a General Warranty Deed recorded as Document No. 2019028259 of the Official Public Records of Williamson County, Texas; said tract being the northern one-half (1/2) of Clamp Street, a 40-foot-wide street dedicated to the City of Georgetown in the Plat of CLAMP'S ADDITION to the City of Georgetown, as recorded in Volume 13, Page 616 and revised in Volume 25, Page 185 of the Deed Records of Williamson County, Texas; and, the same tract being the northern one-half (1/2) of a 40-foot-wide Public Utility Easement as described in Volume 334, Page 394, 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 Quitclaim Deed Clamp St, Helgerson, ABD-2020-031 Page 1 of 2 Exhibit: `B" 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. EXECUTED this the day of GRANTOR CITY OF GEORGETOWN ATTEST: 2020. Dale Ross, Mayor Robyn Densmore, 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 2020. Notary Public, State of Texas APPROVED AS TO FORM: Skye Masson, City Attorney Quitclaim Deed Clamp St, Helgerson, ABD-2020-031 Page 2 of 2