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HomeMy WebLinkAboutRES 111423-5.H - Public Utility EasementRESOLUTION NO. 1114 7-3 - 5- H RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A OF A PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO. 2002003157 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 2001, Georgetown Independent School District granted the City of Georgetown a public utility easement across a tract of land in the Orville Perry Survey, Abstract No. 10 (the "Property"), for the purpose of facilitating the extension of utilities to service the Property; said easement being dedicated in Document No. 2002003157 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 0.10-acre portion of the Easement, described in the metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Portion of the Easement to be Abandoned"), would facilitate the development of the Property; and, WHEREAS, a new public utility easement has been granted within a deed recorded under document number 2017099278 (the "Replacement Public Utility Easement"), which meets the City's requirements, and which will allow for the City's replacement public facilities, generally in the location identified on Exhibit "B"; and, WHEREAS, upon considering the request for release and abandonment of the Portion of the Easement to be Abandoned, and additional information pertaining to the request, the City Council now finds that in view of the conveyance of the Replacement Public Utility Easement in accordance with the deed recorded in document number 2017099278 of the Official Public Records of Williamson County, Texas, a public need for the Portion of the Easement to be Abandoned no longer exists, and therefore the Portion of the Easement to be Abandoned may be abandoned and released to Owner or a successor -in -interest to Owner; 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. In view of the dedication of the Replacement Public Utility Easement in accordance with the Deed recorded in document number 2017099278 of the Official Public Records of Williamson County, Texas, 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 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 — day of , 2022. CITY OF GEORGETOWN r By: Mayor Q�pTQ�f� IGwI-A P; tt-s APPROVED AS TO FORM: Sky ass , City Attorney ATTEST: U"Axm--� Robyn ensmore. 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No. 22897 Orville Perry Survey, A-10 January 17, 2023 Williamson County, Texas DESCRIPTION OF A 0.10 ACRE (4,235 SQUARE FOOT) EASEMENT DESCRIPTION OF A 0.10 ACRE EASMENT, CROSSING A PORTION OF LOT 1, McCOY SCHOOL SUBDIVISION, CITY OF GEORGETOWN, OF RECORD IN CABINET R, SLIDE 12, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (PR), LOCATED IN THE ORVILLE PERRY SURVEY, ABSTRACT 10, CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS BEING OUT OF A CALLED 12.693 ACRE TRACT OF LAND CONVEYED TO PDC WILLIAMS PLAZA, LTD, BY WARRANTY DEED OF RECORD IN DOCUMENT NUMBER 2022002090, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (OPR), AND BEING A PORTION OF AN EXISTING 15 FOOT WIDE PUBLIC UTILITY EASEMENT OF RECORD IN DOCUMENT NUMBER 2002003157, OPR, SAID 0.10 ACRE EASEMENT BEING SURVEYED ON THE GROUND IN DECEMBER 2022, UNDER THE DIRECT SUPERVISION OF PATRICK J STEVENS, RPLS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a concrete monument with brass disc found at an easterly corner of said Lot 1, same being an easterly corner of said 12.693 acre tract, for the northwest corner of Lot 13, Block 4, Gabriel Heights Addition to the City of Georgetown, Williamson County, Texas, of record in Cabinet B, Slide 5, PR, the southwest corner of Lot 12, said Block 4, being the westerly corner of a tract of land conveyed to Taylor Beltz by Warranty Deed of record in Document Number 2017074398, OPR; THENCE, with the west line of said Block 4, the east line of said Lot 1, and the east line of said 12.693 acre tract, South 13°42'22" West, a distance of 330.52 feet to a point in the west line of Lot 16, said Block 4, in the east line of said Lot 1, and in the east line of said 12.693 acre tract, for the northeast corner of said 15 foot wide easement, and the southeast corner of a 20 foot wide public utility easement of record in Document Number 2002003158, OPR; THENCE, over and across said Lot 1, said 12.693 acre tract, with the north line of said 15 foot wide easement, and in the south line of said 20 foot wide easement (2002003158), North 50°05'40" West, a distance of 22.29 feet to a point in the north line of'said 15 foot wide easement, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE, continuing over and across said Lot 1, and said 12.693 acre tract, South 13942'22" West, a distance of 16.72 feet to a point in the south line of said 15 foot wide easement, same being the north line of a 20 foot wide public utility easement of record in Document Number 2002003159 for the southeast corner of the herein described tract; THENCE, over and across said Lot 1 and said 12.693 acre tract, with the south line of said 15 foot wide easement, being the north line of line of a 20 foot wide public utility easement of record in Document Number 2002003159, OPR, North 50"05'40" West, a distance of 138.79 feet, and STELE IZZELL 1978 S. Austin Ave Georgetown, TX 78626 Exhibit B2 Page 2 of 2 0.10 Acre (4,235 Sq. Ft.) Easement Proj. No. 22897 Orville Perry Survey, A-10 January 17, 2023 Williamson County, Texas continuing North 61°46'58" West, a distance of 143.79 feet to a point in the south line of said 15 foot wide easement for the southwest corner of the herein described tract; THENCE, continuing over and across said Lot 1 and said 12.693 acre tract, North 13"44'42" East, a distance of 15.49 feet to a point in the north line of said 15 foot wide easement for the northwest corner of the herein described tract; THENCE, continuing over and across said Lot 1 and said 12.693 acre tract, along the north line of said 15 foot wide easement and the south line of said 20 foot wide easement (2002003158), South 61°46'58" East, a distance of 149.20 feet to a point, and continuing South 50005'40" East, a distance of 132.95 feet to the POINT OF BEGINNING, and containing 0.10 acres 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 grid values represented in U.S. Survey Feet. 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, monuments were not set for corners. I certify that this description was prepared from a survey made on the ground in January, 2023, under my supervision. Steger & Bizzell Engineering Inc. Patrick J. %evenVRPLS Texas Reg. No. 5784 1978 South Austin Avenue Georgetown, Texas 78626 (512) 930-9412 TBPELS Firm No. 10003700 P:\22000-22999\22897 Novak Williams Plaza\Survey Data\Descriptions\22897-DESCRIPTION 4235 SF RELEASE.docx STEGEIZZELL 1978 S. Austin Ave Georgetown, TX 78626 u 21 O co U O J N U N Q U O N z 0- a) O N J d w 0 (O C C N77 3 3 o 0 rn oP z W m N N n. o (D (7 O 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: November 14, 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: Novak GISD Multifamily, LLC, a Texas limited liability company GRANTEE'S Mailing Address (including County): 1500 Rivery Blvd, 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 0.10-acre Public Utility Easement out of Lot 1, McCoy School Subdivision, a Resubdivision of Gabriel Heights Addition in Williamson County, Texas, as conveyed and described in Document 2002003157, 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 2023. GRANTOR: CITY OF GEORGETOWN By: Josh Schroeder, Mayor Akin 09ty-S, tiftbrP Z1411 ATTEST: By: l Robyn D%rismore, City Secretary STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this date personally A&, 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 , 2023. t�1�1 KAREN FROST Notary ID # 1053608-4 Notary ublic, StTexasate of Nq�of`� My Commission Expires May 24, 2024 APPROVED AS TO FORM: Skye sson, City Attorney Quitclaim Deed Page 2 of 2