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Home My WebLink AboutRES 020822-Q - Abandonment Public UtilityRESOLUTION NO. 0 ZQ? ZZ - Q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PORTION OF A PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN VOLUME 2009, PAGE 24 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 1991, Georgetown Railroad, as predecessor -in -interest to Longhorn Junction Land and Cattle Company, a Texas limited liability company ("Owner"), granted the City of Georgetown a public utility easement across a tract of land in the Lewis J. Dyches Survey, Abstract No. 180 (the "Property"), for the purpose of facilitating the extension of wastewater infrastructure across the Property; said easement being conveyed by an agreement recorded in Volume 2009, Page 24 of the Official Public Records of Williamson County, Texas (the "Easement"); and, WHEREAS, Owner wishes to develop the Property, but the Easement is impeding the development of the Property; and, WHEREAS, the abandonment of a portion of the Easement, depicted in Exhibit "A" attached hereto and by this reference incorporated herein (the "Portion to be Abandoned"), would facilitate the development of the Property; and, WHEREAS, as part of its pending plat of the Property, Owner will dedicate to the City a replacement wastewater easement across the Property (the "Future WWE"), in a location that does not impede the development of the Property, as shown on Exhibit i°S" attached hereto and incorporated herein, and will relocate the City's existing wastewater facilities to the Future W WE; and, WHEREAS, as part of its pending plat of the Property, Owner will also grant the City a perimeter public utility easement to meet the City's requirements (the "Future PUE"), and will relocate any other existing public utilities within the Easement to the Future PUE; and, WHEREAS, upon considering the request for release and abandonment of the Portion to be Abandoned, and additional information pertaining to the request, the City Council now finds that upon the dedication of the Future WWE and Future PUE by plat, and upon relocation of the existing facilities and acceptance by the City, a public need for the Portion to be Abandoned will no longer exist, and therefore the Portion to be Abandoned may be abandoned and released to Owner or a successor -in -interest to Owner upon satisfaction of these conditions; and WHEREAS, nothing herein shall operate to release the remainder portion of the Easement or any other easement. 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. SECTION 2. Upon 1) payment of any outstanding application fees, 2) the dedication of replacement wastewater and public utility easements by plat, and 3) relocation of any existing facilities in the Easement and acceptance of the new facilities by the City, 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 Portion to be Abandoned, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall be effective immediately upon adoption and execution by the Mayor. PASSED AND APPROVED on this day of �-, 2022. CIT APPROVED AS TO FORM: Skye Masson, City Attorney ATTEST: �a� 0AN6M-1-1U Robyn D Gore, City Secretary EXHIBIT A 3a:tue4S A3AanS 31Lll ONb'1 SdSN/YiIV bWy1 a0 Xl•NMOSOMO39 NOkONnr NHOHONOI WULS 10M NVNiMOd @ ga ]p aq Of x9£. dyk @� i°P Fa� $ e flat $ a?c 9n'eee 6Bg§a@ @fie �;aA @R-a "., �K°s ] Fr -A g. @.- 8 p : - 3 ]@ �e. [ : ][ - p >![ : ]. 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''R A i; ] gig�6 ] ] 5f� d5 @F a 4° $ji gdg Ili 5� p�y�a p i� 5g`6p A §;e 3@'`a$'aA i` �A= Hgig A r cr liG"Se �?s oN?'E °EiQ ¢ c ° @3g Ac3� cp !IN I as EXHIBIT B AN I" ��orry m ims O - a�u ils �nxd °°" "s T °"°^^a'""•""^ �'"" °s °� UJOH <((AajW1)j � NV N V-[ Id ONIA`dd'S IMUNOO NOISN31NIG IIV'H3AO SV) 31`A1NnOO NOSWMIIM ..E)H03D'dOOI'd3NN11SV3H1005 mL 2MN30 SOUS1001 NO1iONnr MJOHJNO-11 04 Ii co I j1 O 15 m W oLStl 9f � I, fill ON digI _ ; A �lei Q BLS ---• � •_ b` � 11T. kk Pt ' - - - -- !�� - ----- '- '~ +• � �� -^__xy� _ r 1�__-r �7r7w: r5:>Pr7.=-F'n`-' � :-2'. _- _ _ _��• Novus Fittps:/Igeorgetowntx.novusagesida.com/Ap,efidaWeb/Login.aspx jkache!meyer Lonestar2015! 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: February , 2022 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Longhorn Junction Land and Cattle Company, a Texas limited liability company GRANTEE'S MAILING ADDRESS: 160 Lookout Ridge, Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING, acre out of the Lewis J. Dyches Survey, Abstract No. 180, situated in the city of Georgetown, Williamson County, Texas, being a portion of that certain 15-foot public utility easement of record in Volume 2009, Page 24 of the Official Public Records of Williamson County, Texas; said -acre tract being more particularly described by metes and bounds in Exhibit A attached hereto and by this reference incorporated herein (the "Property"). 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 portion of PUE to Longhorn Junction Land and Cattle Company Page 1 of 2 EXECUTED this the day of 20 GRANTOR f� ATTEST: CITY OF GEORGETOWI BY: /Z Joshua Sch der, Mayor Rfyn De smore, City Secretary STATE OF TEXA ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally appeared Joshua 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 20 2Z. Notary Public, State of Texas KAREN FROST Notary ID # 1053608-4 N9QF��+y My Commission Expires May 24, 2024 APPROVED AS TO FORM: Sky ass n, City Attorney Quitclaim Deed abandoning portion of PUE to Longhorn Junction Land and Cattle Company Page 2 of 2