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Home My WebLink AboutRES 081324-5.U - Partial Abandonment of an Electric Utility EasementRESOLUTION NO. Q D 13 04 -5. (J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PORTION OF AN EASEMENT GRANTED TO THE CITY OF GEORGETOWN AS RECORDED UNDER DOCUMENT NO. 1994046323 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 1994, Georgetown Rail Equipment Company, Inc., a predecessor -in - title to, Inner Peace LLC, a Texas limited liability company ("Owner"), granted to the City of Georgetown an easement across a tract of land in the Lewis J. Dyches Survey, Abstract 180 (the "Property"), for the purpose of facilitating the extension of electric facilities to service the Property; said easem .-nt having been dedicated pursuant to Document No. 1994046323 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, tie abandonment of a 0.355-acre portion of the Easement as 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 replacement electric easement to meet the City's requirements (the "Future Electric Easement") which will cover the City's replacement electric facilities, generally in the location identified as 13.47 Acres out of the Lew J. Dyches Survey, Abstract No. 180 In Williamson County Texas and, WHEREAS, upon considering the request for the release and abandonment of the Portion to be Abandoned, and additional information pertaining to the request, the City Council now finds that upon the City's acceptance of the replacement utility facilities that are to be installed in the Replacement Electric Easement, 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 pars hereof, as if copied verbatim. SECTION 2. Upon the acceptance by the City of the replacement utility facilities to be installed in the Replacement Electric Easement, the Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "B" and any other conveyance documen t(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 APR VED on this day of , 2024. CITY OF G'.3 ATTEST: 1 By: Joshua Schro er, May Robyn De smore. City Secretary APPROVED AS TO FORM: Skye sson, City Attorney EXHIBIT "A" FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. March 8, 2021 Surveyor's Field Notes: 0.355 ACRE, situated in the Lewis J. Dyches Survey, Abstract No. 180, Williamson County, Texas, being all of that called 0.355 acre Electric Utility Easement conveyed to the City of Georgetown, Texas in Volume 2605, Page 914, Official Public Records of Williamson County, Texas, said 0.355 acres being a portion of that called 3.53 acre tract of land (Second Tract) conveyed to Inner Peace, LLC in Document No. 2017061014, of said Official Public Records and a portion of a called 13.09 acre tract of land conveyed to Inner Peace, LLC in Document No. 2017031564, of said Official Public Records, and being more particularly described as follows: BEGINNING at a '/::" iron rod found, being the northwest corner of said 0.355 acre tract, same being the northwest corner of said 3.53 acre tract, being the northeast corner of that called 8.01 conveyed to Williamson County of the State of Texas in Document No. 2002050668, of said Official Public Records and being an angle corner on the south line of a called 13.47 acre tract of land (First Tract) conveyed to Inner Peace, LLC in Document No. 2017061014, o` said Official Public Records, for the northwest corner of this tract of land; THENCE in an easterly direction, with the north line of said 0.355 acre tract (Deed N. 87° 43' 42" E., 769.97 foet), over and across said 3.53 acre tract and said 13.09 acre tract, N. 84° 43' 41" E., 769,97 feet, to a calculated point, being the northeast corner of said 0.355 acre tract, for the northeast corner of this tract of land; THENCE in a southerly direction, with the east line of said 0.355 acre tract (Deed S. 190 40' 55" E., 20.96 f9et), S. 22' 40' 41" E., 20.96 feet, to a calculated point, being the southeast corner of said 0.355 acre tract, foe the southeast corner of this tract of land; THENCE in a westerly direction, with the south line of said 0.355 tract (S. 87' 43' 42" W., 776.24 feet), over and across said 13.09 acre tract and said 3.53 acre tract, S. 84° 43' 41" W., 776.24 feet, to a calculated point on the west line of said 3.53 acre tract, same being the east line of said 8.01 acre tract, being the southwest corner of said 0.355 acre tract, for the southwest corner of this tract of land; THENCE in a northerly direction, with the west line of said 0.355 acre tract (Deed N. 02° 16' 18" W., 20.00 feet), same being the west line of said 3.53 acre tract and being the east line of said 8.01 acre tract, N. 050 16' 19" W., 20.00 feet, to the POINT OF BEGINNING and containing 0.355 Acre of Land. Horizontal Datum b 3sed upon the Texas State Plane Coordinate System, Central Zone, NAD83 as per GPS observations. Scale Factor=1.00012797773311 (for Grid to Surface conversion), scaled about 0,0. z This metes and bounds description to accompany a Surveyors Sketch of the herein described 0.355 Acre tract. This document is not valid for any purpose unless signed and sealed by a Registered Professional Land Surveyor. Surveyed February 26, 2021 G�srER "9 ALL COUNTY SURVEYING, INC. ... .............. ................. . 1-800-749-PLAT CHARLES C. LUCKO .... ,... ............................. server/projects/pro2100001210200/210244/210244.doc ': A 4636 �9 �FESSIO�OQ-� 0a Charles C. Lucko Registered Professional Land Surveyor Registration No. 4636 QUITCLAIM 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: August 13, 2024 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: Inner Peace LLC, a Texas limited liability company GRANTEE'S Mailing Address (including County): 16126 Sherman Way, Van Nuys, California 91406 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING 0.355 acre of land out of the Lewis J. Dyches Survey, Abstract No. 180, situated in Williamson County, Texas, being a portion of that electric utility easement dedicated in Document Number 1994046323 of the Official Public Records of Williamson County, Texas; said 0.355 acre tract being more particularly described by metes in bounds in Exhibit "A" and by sketch in Exhibit "B", each attached hereto and by this reference incorporated herein. 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 2023-12-ABD Page 1 of 2 EXECUTED this the ICJ day of , 2024,, GRANTOR: CITY OF GEO I a Texas home- e in By: Josh Sc oed( STATE OF TEXAS icipal corporation COUNTY OF WILLIAMSON ATTEST: By: obyn DeUsmore, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally Mayor of the City of ,3eorgetown, 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. 2()2 GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3 day of ` , ;�' 11 KAREN FROST ea4to_ LE-�,,� 's N Public,State of Texas °Lary Notary Public, State of Texas = Comm. Expires 05.24-2028 Notary ID 10536084 APPROVED AS TO FORM: Skye Masson, City Attorney Quitclaim 2023-12-ABD Page 2 of 2 EXHIBIT "A" FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. March 8, 2021 Surveyor's Field No -:es: 0.355 ACRE, situated in the Lewis J. Dyches Survey, Abstract No. 180, Williamson County, Texas, beirg all of that called 0.355 acre Electric Utility Easement conveyed to the City of Georgetown, Texas in Volume 2605, Page 914, Official Public Records of Williamson County, Texas, said 0.355 acres being a portion of that called 3.53 acre tract of land (Second Tract) conveyed to Inner Peace, LLC in Document No. 2017061014, of said Official Public Records and a portion of a called 13.09 acre tract of land conveyed to Inner Peace, LLC in Document No. 2017031564, of said Official Public Records, and being more particularly described as follows: BEGINNING at a Y!" iron rod found, being the northwest corner of said 0.355 acre tract, same being the northwest corner of said 3.53 acre tract, being the northeast corner of that called 8.01 conveyed to Williamson County of the State of Texas in Document No. 2002050668, of said Official Public Records and being an angle corner on the south line of a called 13.47 acre tract of land (First Tract) conveyed to Inner Peace, LLC in Document No. 2017061014, of said Official Public Records, for the northwest corner of this tract of land; THENCE in an easlerly direction, with the north line of said 0.355 acre tract (Deed N. 87° 43' 42" E., 769.97 feet), over and across said 3.53 acre tract and said 13.09 acre tract, N. 84° 43' 41" E., 769.97 feet, to a calculated point, being the northeast corner of said 0.355 acre tract, for the northeast corner of this tract of land; THENCE in a southerly direction, with the east line of said 0.355 acre tract (Deed S. 19° 40' 55" E., 20.96 f9et), S. 22' 40' 41" E., 20.96 feet, to a calculated point, being the southeast corner of said 0.355 acre tract, foe the southeast corner of this tract of land; THENCE in a westerly direction, with the south line of said 0.355 tract (S. 87° 43' 42" W., 776.24 feet), over and across said 13.09 acre tract and said 3.53 acre tract, S. 84° 43' 41" W., 776.24 feet, to a calculated point on the west line of said 3.53 acre tract, same being the east line of said 8.01 acre tract, being the southwest corner of said 0.355 acre tract, for the southwest cornE!r of this tract of land; THENCE in a northerly direction, with the west line of said 0.355 acre tract (Deed N. 02° 16' 18" W., 20.00 feet), same being the west line of said 3.53 acre tract and being the east line of said 8.01 acme tract, N. 050 16' 19" W., 20.00 feet, to the POINT OF BEGINNING and containing 0.355 Acre of Land. Horizontal Datum based upon the Texas State Plane Coordinate System, Central Zone, NAD83 as per GPS observations. Scale Factor=1.00012797773311 (for Grid to Surface conversion), scaled about 0,0. z This metes and bounds description to accompany a Surveyors Sketch of the herein described 0.355 Acre tract. This document is not valid for any purpose unless signed and sealed by a Registered Professional Land Surveyor. Surveyed February.26, 2021 ALL COUNTY SURVEYING, INC. :................................ CHARLES C. LUCKO 1-800-749-PLAT.................................... serve r/projects/pro210000)210200/210244/210244.doc ^ : 0 4636 � ^ �'9��ESSIONP\'•� y,/�/ Charles C. Lucko Registered Professional Land Surveyor Registration No. 4636 ao°i ILOL-HO-EO '27b4 Told cl Z C T _ N Z E 6 9 � (3 6 � m wX Js+ n R' / or QwpJN Nv Qi LL:Wy .Ucn in: 4- Ole i,Qol �Jpmpry \ uw i- ry n 0 \ wi-p�ri wg� ly av z �• m 0 c 1 � Y Q r i.r4 � _ o of z IL Juj x 3 Ort19 0!11m yy L-2 cmON 3 v d aZrva ENO y CgI d��•t nm��.� O) y CQ c O ENO, O W 0.1 V�O 6 O p 0 Q' O I QQ X 'D U J U m d c C r mUwo F P p00 m V�w >U Ex mui O.rcO N`"2 Qo'°" Zr a vQ I �� ID E §a T�No vom cgOa °a OY <rvui wrv0 NE"5 Nam E W J J ry J Iz \ E /H=O/A1 mF� 0~p m0 „q. LIgIHX3 < �i QUITCLAIM 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: August 13, 2024 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: Inner Peace LLC, a Texas limited liability company GRANTEE'S Mailing Address (including County): 16126 Sherman Way, Van Nuys, California 91406 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of wh:.ch is hereby acknowledged. PROPERTY: BEING 0.355 acre of land out of the Lewis J. Dyches Survey, Abstract No. 180, situated in Williamson County, Texas, being a portion of that electric utility easement dedicated in Document Number 1994046323 of the Official Public Records of Williamson County, Texas; said 0.355 acre tract being more particularly described by metes in bounds in Exhibit "A" and by sketch in Exhibit "B", each attached hereto and by this reference incorporated herein. 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 hay.-, claim or demand any right or title to the property or any part of it. [signature page to follow] Quitclaim 2023-12-ABD Page 1 of 2 EXECUTED this the day of GRANTOR: ATTEST: CITY OF GEORGETOWN, a Texas home -rule municipal corporation 2024. By: By: Josh Schroeder, Mayor Robyn Densmore, City Secretary STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILI.IAMSON § 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 2023. Notary Public, State of Texas APPROVED AS TO FORM: Skye Masson, City Attorney Quitclaim 2023-12-ABD Page 2 of 2 EXHIBIT "A" FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC. March 8, 2021 Surveyor's Field No -es: 0.355 ACRE, situated in the Lewis J. Dyches Survey, Abstract No. 180, Williamson County, Texas, being all of that called 0.355 acre Electric Utility Easement conveyed to the City of Georgetown, Texas in Volume 2605, Page 914, Official Public Records of Williamson County, Texas, said 0.355 acres being a portion of that called 3.53 acre tract of land (Second Tract) conveyed to Inner Peace, LLC in Document No. 2017061014, of said Official Public RecoAs and a portion of a called 13.09 acre tract of land conveyed to Inner Peace, LLC in Document No. 2017031564, of said Official Public Records, and being more particularly described as follows: BEGINNING at a iron rod found, being the northwest corner of said 0.355 acre tract, same being the nor .hwest corner of said 3.53 acre tract, being the northeast corner of that called 8.01 conveyed to Williamson County of the State of Texas in Document No. 2002050668, of said Official Public Records and being an angle corner on the south line of a called 13.47 acre tract of land (First Tract) conveyed to Inner Peace, LLC in Document No. 2017061014, of said Official Public Records, for the northwest corner of this tract of land; THENCE in an easlerly direction, with the north line of said 0.355 acre tract (Deed N. 870 43' 42" E., 769.97 f9et), over and across said 3.53 acre tract and said 13.09 acre tract, N. 84° 43' 41" E., 769 97 feet, to a calculated point, being the northeast corner of said 0.355 acre tract, for the northeast corner of this tract of land; THENCE in a southerly direction, with the east line of said 0.355 acre tract (Deed S. 19° 40' 55" E., 20.96 f9et), S. 22° 40' 41" E., 20.96 feet, to a calculated point, being the southeast corner of said 0.355 acre tract, foe the southeast corner of this tract of land; THENCE in a westerly direction, with the south line of said 0.355 tract (S. 870 43' 42" W., 776.24 feet), over and across said 13.09 acre tract and said 3.53 acre tract, S. 840 43' 41" W., 776.24 feet, to a calculated point on the west line of said 3.53 acre tract, same being the east line of said 8.01 acre tract, being the southwest corner of said 0.355 acre tract, for the southwest cornE!r of this tract of land; THENCE in a northerly direction, with the west line of said 0.355 acre tract (Deed N. 020 16' 18" W., 20.00 feet), same being the west line of said 3.53 acre tract and being the east line of said 8.01 ac,e tract, N. 050 16' 19" W., 20.00 feet, to the POINT OF BEGINNING and containing 0.355 Acre of Land. Horizontal Datum based upon the Texas State Plane Coordinate System, Central Zone, NAD83 as per GPS observations. Scale Factor=1.00012797773311 (for Grid to Surface conversion), scaled about 0,0. 2 This metes and bcunds description to accompany a Surveyors Sketch of the herein described 0.355 Acra tract. This document is not valid for any purpose unless signed and sealed by a Registered Professional Land Surveyor. Surveyed February;?6, 2021 A,P ALL COUNTY SURVEYING, INC. ..................••...•::..... 1-800-749-PLAT CHARLES C. LUCKO server/projects/pro210000/210200/210244/210244.doc A 4636 SUR\J r Charles C. 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