HomeMy WebLinkAboutRES 121322-5.K - Abandon Utility GWT DevRESOLUTION NO. 213 2Z 5 K
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 DOCUMENT NO. 9459620 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
WHEREAS, in 1994, First Texas Bank, ("Grantor"), the predecessors -in -title to Ewing
Development Co., LLC a Texas limited liability company ("Owner"), granted the City of
Georgetown a public utility easement across a tract of land in the Nicholas Porter, Abstract
No. 497 (the "Property"), for the purpose of expansion of public utilities; said easement being
conveyed by plat recorded in Document No. 9459620 of the Official Public Records of
Williamson County, Texas (the "Easement"); and,
WHEREAS, Owner wishes to develop the Property, but a portion of the Easement is
impeding the development of the Property; and,
WHEREAS, the abandonment of a portion of the Easement, being the portion more
particularly described by metes and bounds and sketch in Exhibit "A" attached hereto and
incorporated herein (the "Portion to be Abandoned"), would facilitate the development of the
Property; and,
WHEREAS, prior to approval of its pending Site Development Plan application,
Owner will relocate the existing facilities within the Portion to be Abandoned and grant the
City a replacement public utility easement to meet the City's requirements (the "Future PUE"),
which will cover the City' public facilities in their new location, being more particularly
described by metes and bounds and sketch in Exhibit "B" attached hereto and by this
reference incorporated herein; 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 conveyance of the Future PUE and the relocation of the existing facilities
to the area of the Future PUE, 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 the conveyance of a replacement wastewater easement in a form
acceptable to the City Attorney and in a location generally as shown on Exhibit `B", and
upon relocation of the existing wastewater facilities and all appurtenances to the replacement
wastewater easement area, 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
C�reat" 1I61115t) Z# 11GYM
In
Joshua Schroeder, Mayor
APPROVED AS TO FORM:
Sky asson, City Attorney
day of2( , 2022.
ATTEST:
Robyn DAsmore, City Secretary
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:
, 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: Ewing Development Co., LLC, a Texas limited liability company
GRANTEE'S MAILING ADDRESS: 1010 Provident Lane, Round Rock, Williamson
County, TX 78664
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING, 3,577 square feet out of the Nicholas Porter Survey, Abstract No.
497, situated in the city of Georgetown, Williamson County, Texas, being a
portion of that Public Utility Easement of record in Document No. 9459620
of the Official Public Records of Williamson County, Texas; said 3,577
square foot tract being more particularly described by metes and bounds
and by sketch in Exhibit "A" attached to this deed and by this reference
incorporated within it (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 WWE to GWT Development, LLC
Page 1 of 2
EXECUTED this the _jkday of &1, /M6z: , 20Z!=.
GRANTOR
CITY OF GI
Joshua
STATE OF
COUNTY OF WILLIAMSON
ATTEST:
Robyn Densmore, City Secretary
ACKNOWLEDGMENT
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 45 day of
2C Llf '
KAREN FROST
�+ Notary ID # 1053608-4
My Commission Expires
May 24, 2024
APPROVED AS TO FORM:
)d44
Skye asson, City Attorney
Notary Public, State of Texas
Quitclaim Deed abandoning portion of WWE to GWT Development, LLC
Page 2 of 2
Page 1 of 4
002-22-02 Rivery Crossing PUE Abandonment
EXHIBIT A
METES AND BOUNDS DESCRIPTION
BEING 3,577 SQ. FT. OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497,
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 0.295 ACRE TRACT
CONVEYED TO EWING DEVELOPMENT COMPANY, L.L.C. AS TRACT 2 IN DOCUMENT NO.
2020010587 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
(O.P.R.W.C.), AND DESCRIBED IN DOCUMENT NO. 2016070988 OF THE O.P.R.W.C.; SAID 3,577
SQ. FT. OF LAND BEING MORE PARTICULARLY LOCATED AND DESCRIBED AS FOLLOWS;
(BEARINGS OF LINES REFER TO GRID NORTH OF THE TEXAS COORDINATE SYSTEM OF 1983
(CENTRAL ZONE) AS COMPUTED FROM GPS VECTORS):
COMMENCING at a 1/2 inch iron rod with aluminum cap stamped "4933" found at an exterior ell corner
in the Southeasterly right-of-way line of Rivery Blvd., (ROW Varies), at the North corner of Lot 11, Block
6 of "Gabriel Heights", a subdivision recorded in Cabinet B, Slide 5 of the Plat Records of Williamson
County, Texas, (P.R.W.C.), being in the Southwesterly line of "Rivery Business Park, LLC", a called 3.3
acre tract recorded in Document No. 2022055965 and Document No. 2021093983, O.P.R.W.C.;
THENCE, N36°11'35"W', with the Northeast line of said Block 6 of "Gabriel Heights" subdivision and
across said Rivery Blvd. right-of-way, a distance of 119.27, feet to a mag nail found in the Northwest
right-of-way line of said Rivery Blvd., at the most Westerly corner of a called 0.421 acre tract, Parcel 12,
conveyed to the City of Georgetown, a Texas Home -Rule Municipal Corporation, in Document No.
2017059975 of the O.P.R.W.C., and being the most Southerly corner and POINT OF BEGINNING of
this tract;
THENCE, N36011'35"W, along the Northeast boundary line of said Block 6 of "Gabriel Heights"
subdivision, a distance of 161.86 feet to a calculated point in the Northeast line of Lot 8 of said Block 6
of "Gabriel Heights" subdivision, and being the Southwest corner of said Ewing Development Company,
L.L.C. known as Tract 1, conveyed in Document No. 2020010587 and Document No. 2016070988,
0.P.R.W.C. for the most Westerly corner of this tract;
THENCE, S80"58'16"E, along the North line of said 0.295 acre Tract 2, also being the South line of
said Tract 1, a distance of 224,55 feet to a calculated point in a curve to the right on the Northwest
right-of-way line of said Rivery Blvd., being the West corner of a called 0.022 acre tract, Parcel 13,
conveyed to the City of Georgetown, a Texas Home -Rule Municipal Corporation in Document No.
2017025485, O.P.R.W.C., also being a South corner of a called 0.024 acre utility & drainage easement
tract, Parcel 13-E, conveyed to the City of Georgetown, a Texas Home -Rule Municipal Corporation in
Document No. 2017079563, 0.P.R.W.C. for the most Easterly corner of this tract;
THENCE, (C2), along said curve to the right having a radius of 454.01 feet, an arc length of 13.40 feet,
a central angle of 001 °41'28" and a chord bearing and distance of S50045'47"W, 13.40 feet to a
calculated point on the Northwest right-of-way line of said Rivery Blvd;
THENCE, over and across said 0.295 acre Tract 2, the following two (2) courses and distances:
1. N80°58'16"W, a distance of 191.35 feet to a calculated point at an interior angle point of this
tract;
2. S36°11'35"E, a distance of 137.48 feet to a calculated point on the Northwest right-of-way line
of said Rivery Blvd for an ell corner of this tract;
X:\002 Ewing Development\002-22-02 East Janis Drive Plat Lot 1\Survey Project Fold er\Documents\Legal Descriptions\PUE Abandonment.doc
Page 2 of 4
002-22-02 Rivery Crossing PUE Abandonment
EXHIBIT A
THENCE, S53°10'47"W, along the Northwest right-of-way line of said Rivery Blvd., a distance of 10.00
feet to the POINT OF BEGINNING, and containing a calculated area of 3,577 sq. ft. of land.
This description is accompanied by and made part of a survey sketch issued by Haynie Consulting, Inc.
I Timothy E. Haynie, a Registered Professional Land Surveyor, do hereby certify that the property
described herein was determined by a survey made on the ground under my supervision and that all
corners are marked as described.
Timothy E. Haynie
Registered Professional Land Surveyor No. 2380
9-28-2022
Date
��� � O 76)
G]r� o...
TIMOTHY E. HAYNIE
..:...2380....�
y b ?• o
s'u �
X:\002 Ewing Development\002-22-02 East Janis Drive Plat Lot 1\Survey Project Fold er\Documents\Legal Descriptions\PUE Abandonment.doc
EXHIBIT'B'
A 3,577 SQ. FT. TRACT OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO.497,
GEORGETOWN, WILLIAMSON COUNTY, TEXAS.
4OT
72
EWING DEVELOPMENT COMPANY,
TRACT 1
XAA
OF 3066 ACRES
87,988DAVIT
tot5
r
COt6
.5�
C1 z
ADDRESS: 9
tor;'
RIVERY BLVD
GEORGETOWN, TEXAS 7862 iP1,�
\ O�
LEGEND
1/2" IRON ROD FOUND (IRF)
10 FT. WIDE P.U.E.
3,577 SQ. FT
PER CAB. L, SLIDE 224
P.R.W.C.
TO BE ABANDONED
NOTE:
NO PUBLIC UTILITIES WERE
FOUND OR OBSERVED
WITHIN THE PROPERTY OF
THIS TRACT
20' UTILITY &
DRAINAGE EASEMENT
CITY OF GEORGETOWN,
A TEXAS HOME —RULE
MUNICIPAL CORP.
PARCEL 13—E,
CALLED 0.024 ACRE
DOC. #2017079563y
/ O.P.R.W.C.
<0�
• gyp.
rote TRACT 2 -- q��ic.
0.295 AC.
CHISELED "X" IN CONCRETE DRIVFWA!'
MAG NAIL FOUND A L'9
CALCULATED POINT ¢
R.O,W,
RIGHT-OF-WAY4
H
P.U.E.
PUBLIC UTILITY EASEMENT
P R.W,C,
PLAT RECORDS WILLIAMSON COUNTY
POINT OF
i O,P.R.W,C.
OFFICIAL PUBLIC RECORDS
BEGINNING
OF WILLIAMSON COUNTY
HAYNIE
CONSULTING, INC.
Civil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 78664-3276
Ph:512-837-2446 Fax:512-837-9463
TBPE FIRM # F-002411, TBPLS FIRM # 100250M
G•�'C�, �P�,GP4g 1t7
CITY OF GEORGETOWN,
A TEXAS HOME —RULE
MUNICIPAL CORP.
PARCEL 13,
CALLED 0.022 ACRE
DOC. #2017025485
O.P.R.W.C.
CALLED 3.3 ACRES
O ff. DOC, #2022055965,
DOC: #202'
O.P.R
SKETCH TO ACCOMPANY 0 100 200
FIELD NOTES i I Feet
SCALE: 1" = 100'
SHEET 3 OF 4 PROJ. #: 002-22-02
EXHIBIT'&
A 3,577 SQ. FT. TRACT OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO.497,
GEORGETOWN, WILLIAMSON COUNTY, TEXAS.
40r'q
NOTE:
NO PUBLIC UTILITIES WERE
FOUND OR OBSERVED
WITHIN THE PROPERTY OF
THIS TRACT.
SKETCH TO ACCOMPANY FIELD NOTES
r�
3,577 SQ. FT ctiL���r4.
S 80"56'Z6 E
224.55'
N 80°511 " W 191-35'
C3 !
TRACT 2
7
l
CP'
PARCEL r
G_ 13
C2
Q\:4AA4 -
A%
POINT OF _ ..- ,,
�il� �o ��• Fn
BEGINNING ti
G4'
QPQ`
y
7.
rj
POINT OF
COMMENCING
4933"
Curve Table
Curve If
Length
Radius
Delta
Chord
Bearing
C1
67.28'
454.01'
008'29'27"
67.22'
N48' 56' 04"E
C2
13.40'
454.01'
001'41'28"
13.40'
S50' 45' 47"W
C3
12.45'
454.01'
001'34'16"
12.45'
S52' 23' 39"W
C4
41.43'
454.01'
005' 13'43"
41.42'
N47' 18' 11 "E
0 60 120
Feet
SCALE: 1" = 60'
HAYNIE
'E
CONSULTING, INC.
G Civil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 786643276
Ph:512-837-2446 Fax:512-837-9463
TBPE FIRM # F-OMI1, TBPLS FIRM # 100250-00
LOT 11
LEGEND
112" IRON ROD FOUND (IRF)
X
CHISELED "X" IN CONCRETE DRIVEWAY
®
MAG NAIL FOUND
0
CALCULATED POINT
R O.W
RIGHT-OF-WAY
D.E
DRAINAGE EASEMENT
P U.E.
PUBLIC UTILITY EASEMENT
P R.W.C,
PLAT RECORDS WILLIAMSON COUNTY
O.P,R WC
OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY
I, TIMOTHY E. HAYNIE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND THATALL
CORNERS ARE MARKED AS DESCRIBED -dowm-
28-Sep-2022
TIMOTHY E HAYNIE, R.P.L.S. DATE
No. 2380 - STATE OF TEXAS TIMOTHY E. HAYNIE
' 2380 ' r
9
SHEET 4 OF 4 PROJ. #: 002-22-02