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HomeMy WebLinkAboutRES 071123-5.T - Wastewater EasementRESOLUTION NO. 0-1 I1 23 -5• T RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A OF A GEORGETOWN WASTEWATER EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO. 2023019820 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 2023, PR South, Inc granted the City of Georgetown a Wastewater easement across a tract of land in the Charles H. Delaney Survey No. 11 Abstract 181(the "Property"), for the purpose of facilitating the extension of awastewater easement to service the property; said easement being dedicated in Document No. 2023019820 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 0.355-acre portion of the Easement, described 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 Right-of-way easement to meet the City's requirements (the "Future ROW"), which will cover the City's replacement wastewater facilities, generally in the location identified 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 ROW and the City's acceptance of the replacement facilities installed therein, a public need for the Easement to be Abandoned will no longer exist, and therefore the easement 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 Right-of-way easement in a form acceptable to the City Attorney and in a location generally as shown as on Exhibit "A", and (2) the acceptance by the City of the replacement wastewater 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 easement 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 CIT LOIN APPROVED AS TO FORM: Skye asso , City Attorney day of ),ILA,2022. ATTEST: Robyn lie smore, 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: July 11, 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 78627 GRANEE: PR South, Inc., a Texas Corporation GRANTEE'S Mailing Address (including County): 4718 Mill Creek Road, Dallas, Dallas County, Texas 75224 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 0.355-acre Wastewater Easement out of the Charles H. Delaney survey No. 11, abstract 181 in in Williamson County, Texas, as conveyed and described in Document 2023019820, 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: Josh 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 co O co4-0 J Y s atN a �— � L 2 c O v o t r, a a .� 0 Ci Q (7 U O— O �� d 3 w i N x� C O) c+> mmw a E In ZaZ �Z H O F ! o c U to I--� Ln � ° sagg w3�c5 In. a z o d a w vi co 0 o e CO) .0 Q N Z CL 15 0 8 N 42 E a w U c 0 0 cM c 0 N rn Z W C7 y 0 �, a