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HomeMy WebLinkAboutRES 062723-5.T - Abandon PUERESOLUTION NO. O -5, I 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. 2000029874 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 2000, STEGER LLOYD O JR and STEGER CHARLES H ("Owners"), granted the City of Georgetown a public utility easement across a tract of land in the STUBBLEFIELD C Survey Abstract 558 (the "Property"), for the purpose of facilitating the extension of apublic utility easement to service the property; said easement being dedicated by the subdivision plat recorded in Document No. 2000029874 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 964 square foot portion of the Easement, identified and described as Tracts 10 in the metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Portion to be Abandoned"), would facilitate the development of the Property; and, WHEREAS, Owner will grant the City a replacement public utility easement to meet the City's requirements (the "Future PUE"), which will cover the City's replacement water facilities , generally in the location identified as Tract 10 on Exhibit "A"; 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 conveyance of the Future PUE and the City's acceptance of the replacement facilities installed therein, 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) the conveyance of a replacement public utility easement in a form acceptable to the City Attorney and in a location generally as shown as Tract 10 on Exhibit "A", and (2) the acceptance by the City of the replacement water facilities, 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 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. CITY OF GEOR(WETOWN By: I 7/dtic� Josl4ia Schr, eder, M or Robyn D smore, City Secretary APPROVED AS TO FORM: C&COU Wq. StA'0&4:k --Sk•ye N4ttssm, City Attorney Cp,co U r.. c&VcA,)a.(k, ► . 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: June 27, 2023 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78626 GRANTEE: Steger & Bizzell Engineering, Inc. GRANTEE'S Mailing Address (including County): 1978 S. Austin Avenue 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 all of that 964 square foot Public Utility Easement out of the STUBBLEFIELD C SVY ABST 558 in Williamson County, Texas, as conveyed and described in Document 2000029874, 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 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. [signature page to follow] Quitclaim Deed Page 1 of 2 EXECUTED this the day of 20 GRANTOR: ATTEST: CITY OF GEORGETOWN By: By: Joshua Schroeder, Mayor Robyn Densmore, City Secretary STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this date personally 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 202 Notary Public, State of Texas APPROVED AS TO FORM: Skye Masson, City Attorney Quitclaim Deed Page 2 of 2 Page 1 of 1 Proj No.18816-Headman March 6, 2023 964 Sq. Ft. Clement Stubblefield Survey Abstract No. 558 Williamson County, Texas DESCRIPTION OF 964 SQFT EASEMENT RELEASE DESCRIPTION OF A 964 SQUARE FOOT TRACT OF LAND LOCATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT 558, WILLIAMSON COUNTY, TEXAS, BEING OUT OF LOT 10, PLANNED UNIT DEVELOPMENT OF VILLAGE PARK SUBDIVISION, A MAP OF WHICH IS RECORDED IN CABINETS, SLIDE 265, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 964 SQUARE FEET BEING CONVEYEDTO STEGER BIZZELL ENGINEERING, INC BY GENERAL WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2022141898, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.02213 ACRE TRACT OF LAND BEING SURVEYED ON THE GROUND IN FEBRUARY, 2023, UNDER THE DIRECT SUPERVISION OF PATRICK J. STEVENS, RPLS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a point, for the northwest corner of the herein described tract, from which point a nail found at the southwest corner of said Lot 10 bears South 21058'37" West 118.73 feet; THENCE, North 21"58'37" East, with the west line of said Lot 10 a distance of 21.59 feet, to a point; THENCE, over and across said Lot 10 the following three (3) calls: 1. South 22"01'13" East, a distance of 79.30 feet, to a point from which a 1/2-inch iron rod found bears South 22°48'01" East 112.37 feet; 2. North 68°00'15" West, a distance of 20.86 feet, to a point; and 3. North 22.01'13" West, a distance of 49.27 feet, to the POINT OF BEGINNING, and containing 964 square feet of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid - to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. The subject tract is an easement release, monuments were not set for corners. I certify that this description was prepared from a survey made on the ground in February, 2023, under my supervision. Steger & Bizzell Engineering Inc. �j OF �P•.•o� s r li- PATRIC_K J. STEVENS 1 Patrick t e s, RPLS •~Ave57E �Q I Texas Reg. No. 5784 92'0FEss�0 1978 South Austin Avenue S 0, .U. �= Georgetown, Texas 78626 (512) 930-9412 TBPELS Firm No. 10003700 L:\PROJECTS 2006\18816-3 Steger Bizzell Site\Survey STEGER;IBIZZELL Data\Descriptions\18816 ESMT RELEASE 964 SQFT.docx 1978 S. 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