HomeMy WebLinkAboutRES 071321-H - Abandon Utility EsmtRESOLUTION NO. 0`1 1 3 Z (- ff
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
RELEASING AND ABANDONING A 0.322-ACRE PORTION OF A UTILITY
EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT
NO. 2017084885 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.Co.Tx).
WHEREAS, City of Georgetown was granted an utility easement across a 1.371 -acre
tract of land in the Barney C. Low Survey, as described in Document No. 2017084885 of the
O.P.R. W.Co.Tx for the purpose of facilitating the extension of water utilities over and across the
encumbered property; and,
WHEREAS, the existing easement is impeding the extension of public utilities necessary
for the development of the encumbered and neighboring properties; and,
WHEREAS, the abandonment of a 0.322-acre portion of the existing easement, as
described in Exhibit "A", attached hereto, (the "Easement") would facilitate the extension of
public utilities to the encumbered and neighboring properties; and,
WHEREAS, Horizontal Westinghouse Investors, LLC, a Texas limited partnership
("Owners") owns the property encumbered by the Easement and wishes to facilitate the extension
of public utilities; and,
WHEREAS, additional easement(s) are to be granted to the City as meet the City's
requirements and are sufficient for the extension of City utility lines; 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 to the
Owners, upon receipt of all required additional replacement easement(s).
WHEREAS, nothing herein shall operate to release any other easement, nor any portion
of the Easement not herein described.
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 t he Quitclaim Deed in
substantially the same form attached hereto as Exhibits "B" and any other conveyance
document(s) necessary to complete the release and abandonment of the 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 kJ � day o f i, 2021.
CITY OF GEORGETOWN ATTEST:
By: — // --- 7�;�L
Joslocliroeder, May Robyn gensmore, City Secretary
AS TO FORM:
Skye f4assok, City Attorney
Exhibit "A"
Inc.)uick
Land Surveying. land Planning. Consulting.
Firm: 10 194104 512-915-4950
1430 N. Robertson Road, Salado, Texas 76571
FIELD NOTES FOR A 0.322 ACRE EASEMENT:
BEING A 0.322 ACRE EASEMENT, LOCATED IN THE BARNEY C. LOW SURVEY,
ABSTRACT NO. 385, WILLIAMSON COUNTY, TEXAS; SAID 0.322 ACRE EASEMENT,
BEING WITHIN THE REMAINING PORTION OF THAT CALLED 94.387 ACRE TRACT OF
LAND RECORDED IN DOCUMENT NO. 2015005809, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.322 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set
in a southwest line of the remainder of said 94.387 acre tract, a northeast line of
that called 76.27165 acre tract of land recorded in Document No. 2014073967,
Official Public Records, Williamson County, Texas, said point being the
southernmost corner of the herein described easement which bears N 200 03' 04"
W, a distance of 10.40' from a 1 /2" iron rod located in the northwest right-of-way
line of Mays Street, being an exterior corner of that called 6.640 acre tract of land
recorded in Document No. 2017008573, Official Public Records, Williamson
County, Texas, an exterior corner of the remainder of said 94.387 acre tract;
1. Thence, with a southwest line of the remainder of said 94.387 acre tract, a
northeast line of said 76.27165 acre tract, N 200 03' 04" W, a distance of
15.59', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set
in a southwest line of the remainder of said 94.387 acre tract, a northeast
line of said 76.27165 acre tract, said point being an exterior corner of the
herein described easement which bears S 200 03' 04" E, a distance of 949.96'
from a 1 /2" iron rod located for the northwest corner of the remainder of
said 94.387 acre tract;
Thence, across the remainder of said 94.387 acre tract, the following six (6)
courses and distances:
2. N 54" 04' 31" E, a distance of 896.07', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set for the beginning of a curve to the left of the
herein described easement;
3. with said curve to the left containing a radius of 783.00', a central angle of
02°00'35", a chord which bears N 530 04' 14" E, a chord distance of 27.46', a
total curve length of 27.46', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set for an exterior corner of the herein described
easement;
4. S 370 56' 35" E, a distance of 15.00', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set for an exterior corner of the herein described
easement and being the beginning of a curve to the right;
5. with said curve to the right containing a radius of 798.00', a central angle
of 02100'36", a chord which bears S 530 04' 14" W, a chord distance of 27.99',
a total curve length of 28.00', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set for a point of tangency of the herein described
easement;
6. S 54° 04' 31" W, a distance of 733.33', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set for an interior corner of the herein described
easement;
7. S 35' 55' 29" E, a distance of 10.00', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set in the northwest right-of-way line of Mays
Street, a northwest line of said 6.640 acre tract, a southeast line of the
remainder of said 94.387 acre tract, said point being an exterior corner of
the herein described;
8. Thence, with the northwest right-of-way line of Mays Street, a northwest line
of said 6.640 acre tract, a southeast line of the remainder of said 94.387
acre tract, S 54' 04' 31" W, a distance of 15.00', to a 1 /2" iron rod with a red
"EASEMENT MONUMENT" plastic cap set in the northwest right-of-way line
of Mays Street, a northwest line of said 6.640 acre tract, a southeast line of
the remainder of said 94.387 acre tract, said point being an exterior corner
of the herein described easement;
Thence, across the remainder of said 94.387 acre tract, the following two (2)
courses and distances:
9. N 350 55' 29" W, a distance of 10.00', to a 1 /2" iron rod with a red "EASEMENT
MONUMENT" plastic cap set for an interior corner of the herein described
easement;
10.S 54° 04' 31" W, a distance of 152.01', to the POINT OF BEGINNING containing
0.322 acres of land.
Note: The basis of bearing was established using the Trimble VRS Network, NAD
(83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot,
Grid. A survey plat was prepared by a separate document.
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Date: 07/06/2021
Job #20-2226.PUE-2
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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:
2021
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: Horizontal Westinghouse Investors, LLC
GRANTEE'S Mailing Address (including County): Attn: Matt Dickey, 20 E. Congress St.,
Ste 300, Tucson, AZ 85701
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING an approximately 0.322 acre portion of that easement granted to the City of
Georgetown in a Document No. 2017084885 of the Official Public Records of Williamson
County, Texas, as described by metes and bounds with sketch on Exhibit "A" 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.
[Signatures appear on the following page]
Quitclaim Deed abandoning UE
Bourn -Horizontal Westinghouse, ABD-2021-002
CoG Map Quad M-48
Page 1 of 2
EXECUTED this the day
GRANTOR:
CITY OF GEORGETOWN
I tra
Josh Schroeder, Mayor
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
2021.
ATTEST:
Robyn Densmore, 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
2021.
Notary Public, State of Texas
APPROVED AS TO FORM:
Skye Masson, City Attorney
Quildaim Deed abandoning UE
Bourn -Horizontal Westinghouse, ABD-2021-002
CoG Map Quad M-48
Page 2 of 2
[Exhibit "A" to Quitclaim Deed]
Exhibit "A" to the Quit Claim Deed is heretofore attached as Exhibit "A" to the foregoing
Resolution and will be attached accordingly to the original Quit Claim Deed prior to execution
and recording.