HomeMy WebLinkAboutRES 072721-K - H4 Georgetown LP Esmt.RESOLUTION NO.. 01 ZI Zl -IC
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN RELEASING AND ABANDONING TO H4
GEORGETOWN, LP A 0.631-ACRE PORTION OF A UTILITY ACCESS
EASEMENT ACROSS A REMNENT OF A 236.714-ACRE TRACT IN THE
JOSEPH THOMPSON SURVEY, ABSTRACT 608, BEING A PORTION OF
THAT EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN
DOCUMENT NO. 2008085854 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS.
WHEREAS, the City of Georgetown (the "City") has received an application from H4
Georgetown, LP, a Texas Limited Partnership for the release and abandonment of above
described 0.631-acre portion of a Utility Access Easement granted to the City in the
document recorded as Document No. 2008085854 in the Official Public Records of Williamson
County, Texas (the "Easement"); and
WHEREAS, said Easement was acquired for the purpose of providing access from SH-
29 to the City's South San Gabriel Interceptor, running along the north side of the river, across the
encumbered property; and,
WHEREAS, the current owner of the property encumbered by the above -described
easement, H4 Georgetown, LP (the "Owner"), is in the process of developing the property into a
single family subdivision. The easement, as it currently exists, will interfere with that development,
rendering many of the lots undevelopable. Additionally, infrastructure that the Owner is currently
constructing, including public roadways and utility ways, will provide sufficient or superior
access and render the current easement obsolete. Therefore, H4 Georgetown, LP, being the
owner encumbered land is requesting the abandonment of the 0.631-acre portion of the
Easement, as specifically identified by metes and bound in the attached Exhibit "A" and by
sketch in Exhibit "B" attached hereto and incorporated herein (the "Property") ;
WHEREAS, public rights of way and utility easements are to be dedicated that final plat
for Wolf Ranch West Section 113G, designated as 2021-25-FP; and,
WHEREAS, upon considering the request for release 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 released, upon
receipt of all 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. Upon receipt of all additional required replacement easements, 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 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 day of , 2021.
117
CI1
M.
APPROVED AS TO FORM:
Skye asson, City Attorney
ATTEST:
Robyn Efensmore, City Secretary
Exhibit "A"
raiPAPE-DAWSON
ENGINEERS
FIELD NOTES
FOR
A 0.631 ACRE, OR 27,503 SQUARE FOOT, TRACT OF LAND BEING SITUATED IN THE JOSEPH THOMPSON
SURVEY, ABSTRACT NO.608, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 20, UTILITY ACCESS
EASEMENT RECORDED IN DOCUMENT NO. 2008085854 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAME BEING A PART OF THE REMNANT PORTION OF A CALLED 236.714
ACRE TRACT, CONVEYED TO H4 GEORGETOWN, LP, IN SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2018054155 OF SAID OFFICIAL PUBLIC RECORDS. SAID 0.631 ACRE TRACT BEING MORE
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE CENTRAL ZONE FROM THE NORTH
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2O10.00:
COMMENCING at a %:" iron rod found in the east right-of-way line of Southwest Bypass, a variable width
right-of-way, recorded in Document No. 2015010273 of said Official Public Records, same being the west
boundary line of said 236.714 acre tract;
THENCE, with the east right-of-way line of said Southwest Bypass, same being the west boundary line of
the Remnant Portion of said 236.714 acre tract, the following two (2) courses and distances;
S 08°38'40" W, a distance of 116.64 feet to an iron rod with cap marked "Diamond Survey" found,
and
2. S 22°23'39" E, a distance of 197.80 feet to calculated angle point, said point being in the north
line of said 20' Utility Access Easement, for the westernmost northwest corner and POINT OF
BEGINNING hereof;
THENCE, departing the east right-of-way line of Southwest Bypass, through the interior of the Remnant
Portion of said 236.714 Acre tract, along the north line of a portion said 20' Utility Access Easement, the
following thirteen (13) courses and distances:
1. S 84°37'16" E, a distance of 212.00 feet to a calculated angle point hereof,
2. S 86"35'31" E, a distance of 59.86 feet to a calculated angle point hereof,
3. N 89°55'03" E, a distance of 130.93 feet to a calculated angle point hereof,
4. S 88°11'16" E, a distance of 76.02 feet to a calculated angle point hereof,
5. S 80°15'45" E, a distance of 202.76 feet to a calculated angle point hereof,
6. S 89°47'55" E, a distance of 75.56 feet to a calculated angle point hereof,
Transportation I Water Resources Land Development I Surveying I Environmental
telephone: 512-454-8711 address: 10801 NORTH MOPAC EXPRESSWAY, BUILDING 3 - SUITE 200 AUSTIN, TX 787S9 website: PAPE-DAW50N.COM
Austin I San Antonio I Houston I Fort Worth I Dallas Texas Engineering Firm #470 Texas Surveying Firm #10028801
0.631 Acres
Job No. 51127-00
Page 2 of 3
7. N 75°10'17" E, a distance of 68.88 feet to a calculated angle point hereof,
8. N 60°21'04" E, a distance of 67.34 feet to a calculated angle point hereof,
9. N 68°55'15" E, a distance of 76.56 feet to a calculated angle point hereof,
10. N 71°11'42" E, a distance of 130.86 feet to a calculated angle point hereof,
11. N 67`26'15" E, a distance of 132.40 feet to a calculated angle point hereof,
12. N 74°52'59" E, a distance of 78.01 feet to a calculated angle point hereof, and
13. S 88°47'50" E, a distance of 36.41 feet to a calculated angle point hereof, said point being in the
east boundary line of the Remnant Portion of said 236.714 acre tract, same being the east
boundary line of a called 50.285 acre tract, recorded in Document No. 2020157115 of said Official
Public Records, for the northernmost northeast corner hereof, from which a %" iron rod with
yellow cap marked "Pape -Dawson" found for a west corner of said 50.285 acre tract, same being
an east corner of the Remnant Portion of said 236.714 acre tract, bears N 14°46'09" E, 194.21%
THENCE S 14046'09" W, with the west boundary line of said 50.285 acre tract, same being the east
boundary line of the Remnant Portion of said 236.714 acre tract, over and across said 20' Utility Access
Easement, a distance of 21.04 feet to a calculated angle point in the south line of said 20' Utility Access
Easement, for the easternmost southeast corner hereof,
THENCE, departing the east boundary line of said 50.285 acre tract, through the interior of the Remnant
Portion of said 236.74 acre tract, along the south line of said 20' Utility Access Easement, the following
thirteen (13) courses and distances:
1. N 88°47'50" W, a distance of 27.94 feet to a calculated angle point hereof,
2. S 74°52'59" W, a distance of 73.84 feet to a calculated angle point hereof,
3. S 67°26'15" W, a distance of 131.76 feet to a calculated angle point hereof,
4. S 71°11'42" W, a distance of 131.12 feet to a calculated angle point hereof,
5. S 68'55'15" W, a distance of 74.67 feet to a calculated angle point hereof,
6. S 60021'04" W, a distance of 68.44 feet to a calculated angle point hereof,
7. S 75°10'17" W, a distance of 74.12 feet to a calculated angle point hereof,
rMiPAPE-DAWSON
ENGINEERS
0.631 Acres
Job No. 51127-00
Page 3 of 3
8. N 89°47'55" W, a distance of 79.87 feet to a calculated angle point hereof,
9. N 80°15'45" W, a distance of 203.04 feet to a calculated angle point hereof,
10. N 88'11'16" W, a distance of 74.31 feet to a calculated angle point hereof,
11. S 89°55'03" W, a distance of 131.21 feet to a calculated angle point hereof,
12. N 86-35-31" W, a distance of 60.82 feet to a calculated angle point hereof, and
13. N 84°37'16" W, a distance of 202.28 feet to a calculated angle point in the west boundary line of
of said 236.714 acre tract, same being the east right-of-way line of Southwest Bypass, for the
southernmost southwest corner hereof;
THENCE N 22023'39" W, with the east right-of-way line of Southwest Bypass, same being the west
boundary line of the Remnant Portion of said 236.714 acre tract, over and across said 20' Utility Access
Easement, a distance of 23.06 feet to the POINT OF BEGINNING, and containing 0.631 acres in Williamson
County, Texas. Said tract being described in accordance with an exhibit prepared by Pape Dawson
Engineers, Inc., under Job No. 51127-00.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: July 14, 2021
Job No.: 51127-00
DOC.ID. H:\Survey\CIVIL\51127-00\Exhibits\Word\FN-5112700_0.631AcAccessEsmtVac.docx
TBPE Firm Registration #470
TBPLS Firm Registration #100288-01
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ENGINEERS
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Exhibit "C"
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: H4 Georgetown, LP, a Texas limited Partnership
GRANTEE'S Mailing Address (including County): 3000 Turtle Creek Blvd, Dallas, Dallas
County, Texas 75219
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 to that certain 0.631-acre tract of land
located in the Joseph Thompson Survey, Abstract No. 608, Williamson
County, Texas, being more particularly described by metes and bounds in
Exhibit "A" and a sketch in Exhibit "B" attached hereto and incorporated herein
by this 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 a port of a Utility Access Easement
Wolf Ranch West Sec 1BG, ABD-2021-005
CoG Map Quad K-52/L-52 Page 1 of 2
EXECUTED this the day of , 2021.
GRANTOR:
CITY OF GEORGETOWN
BY:
Josh Schroeder, Mayor
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
ATTEST:
Robyn Densmore, City Secretary
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally Josh Schroeder, 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
Quitclaim Deed abandoning a port of a Utility Access Easement
Wolf Ranch West Sec 113G, ABD-2021-005
CoG Map Quad K-52/L-52 Page 2 of 2
[Exhibits "A" & "B" to Quitclaim Deed]
Exhibits "A" & `B" to the Quit Claim Deed are heretofore attached as Exhibits "A" & `B" to the
foregoing Resolution and will be attached accordingly to the original Quit Claim Deed prior to
execution and recording.