HomeMy WebLinkAboutRES 082724-5.AD - Release and Abandonment; WAAPF PropertiesRESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN CONDITIONALLY AUTHORIZING THE
RELEASE AND ABANDONMENT OF AN EASEMENT RETAINED
TO BY CITY OF GEORGETOWN PURSUANT TO THE
INSTRUMENT RECORDED UNDER DOCUMENT NO. 2006113581
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS.
WHEREAS in 2006, the City of Georgetown reserved an easement across a certain
tract of land in the Nicolas Porter Survey, Abstract 497 (the "Property"), which tract of land
was then owned by the Lyda Family Trust, a predecessor in title to WAAPF Properties, LLC,
a Texas limited liability company ("Owner"), for the purpose of facilitating the extension of
guy wire facilities to service the Property; said easement having been retained pursuant to
Document No. 2006113581 of the Official Public Records of Williamson County, Texas, and
said easement being referred to as Easement No. 2 in said document (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 the Easement, which Easement is described more
particularly as follows, would facilitate the development of the property
BEING A PART OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, 1N THE
CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS, AND BEING AN
ELECTRIC EASEMENT TEN (10) FEET IN WIDTH, SAID EASEMENT
EXTENDING FIVE (5) FEET TO THE RIGHT, (EASTERLY), AND FIVE (5) FEET
TO THE LEFT (WESTERLY), OF THE FOLLOIWNG DESCRIBED LINE, TO WIT:
BEGINNING at a point in the north line of Second Street, from which an iron rod set at
the intersection of said north line and the west line of Main Street bears S 88' 42, W a
distance of 18.32 feet,
THENCE N 060 49' 0 1 " E a distance of 11.90 feet to the Point of Termination thereof in
Main Street, said point being N 88' 42' E a distance of 20.00 feet and N 01°18' W a
distance of 11.78 feet from the southeast corner- of Lot 4, Block 2, City of Georgetown.
would facilitate the development of the Property; and,
WHEREAS, Owner will dedicate to the City a replacement utility easement to meet
the City's requirements and to allow for the relocation of the City's utility facilities, which
replacement utility easement will be dedicated to the City on the final plat that will be recorded
in connection with the project known as 2023-58-FP (the "Replacement Utility Easement");
and,
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WHEREAS, upon considering the request for the release and abandonment of the
Easement, 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 Utility Easement, a public need for the Easement will no longer exist, and
therefore the Easement 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 acceptance by the City of the replacement utility facilities to be
installed in the Replacement Utility Easement, the Mayor is hereby authorized to execute a
Quitclaim Deed in substantially the same form attached hereto as Exhibit "A" and any other
conveyance document(s) necessary to complete the release and abandonment of the Easement,
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
CITY OF G
Un
Joshua
APPROVED AS TO FORM:
Skye Masson, City Attorney
21 day of 11-1 , 2024.
hT
ATTEST:
—� �D
May Robyn Den ore. City Secretary
osvi 2 L! - 5 • Ac�
EXHIBIT "A"
TO RESOLUTION
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 27, 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
GRANTEE: WAAPF properties, LLC a Texas limited liability company
GRANTEE'S Mailing Address (including County): PO Box 688 Georgetown, Texas 78627-
0688
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 certain tract of land described more particularly hereinbelow, and being
all of that easement referred to as Easement No. 3 and that is retained in Document Number
2006113581 of the official records of Williamson County Texas, said land being more
particularly described as follows:
BEING A PART OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, IN THE
CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS, AND BEING A GUY
WIRE EASEMENT TEN (10) FEET IN WIDTH, SAID EASEMENT EXTENDING
FIVE (5) FEET TO THE LEFT, (WESTERLY), AND FIVE (5) FEET TO THE RIGHT
(EASTERLY), OF THE FOLLOIWNG DESCRIBED LINE, TO WIT:
BEGINNING at a point in the north line of Second Street, from which an iron rod set at
the intersection of said north line and the west line of Main Street bears S 88' 42, W a
distance of 18.32 feet,
THENCE N 060 49' 0 1 " E a distance of 11.90 feet to the Point of Termination thereof in
Main Street, said point being N 88' 42' E a distance of 20.00 feet and N 01 ° 18' W a
distance of 11.78 feet from the southeast corner of Lot 4, Block 2, City of Georgetown.
Quitclaim
2024-3-ABD Guy Wire Easement
Page 1 of 3
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
2024-3-ABD Guy Wire Easement
Page 2 of 3
EXECUTED this the Z I day of + , 2023.
GRANTOR:Z
EST:
CITY OF GEO ET
By:Josh S hroeder,'!Robyn D smore, City Secretary
STATE OF TEXASLEDGMENT
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
KAREN FROST
-�•�'`Y Notary Pti ic, State of Texas
Notary Public, State of Texas n'
Comm. Expires 05-24-2028
Notary ID 10536084
APPROVED AS TO FORM:
Sky ass , ity Attorney
Quitclaim
2024-3-ABD Guy Wire Easement
Page 3 of 3
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 27, 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
GRANTEE: WAAPF properties, LLC a Texas limited liability company
GRANTEE'S Mailing Address (including County): PO Box 688 Georgetown, Texas 78627-
0688
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 certain tract of land described more particularly hereinbelow, and being
all of that easement referred to as Easement No. 3 and that is retained in Document Number
2006113581 of the official records of Williamson County Texas, said land being more
particularly described as follows:
BEING A PART OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, IN THE
CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS, AND BEING A GUY
WIRE EASEMENT TEN (10) FEET IN WIDTH, SAID EASEMENT EXTENDING
FIVE (5) FEET TO THE LEFT, (WESTERLY), AND FIVE (5) FEET TO THE RIGHT
(EASTERLY), OF THE FOLLOIWNG DESCRIBED LINE, TO WIT:
BEGINNING at a point in the north line of Second Street, from which an iron rod set at
the intersection of said north line and the west line of Main Street bears S 88' 42, W a
distance of 18.32 feet,
THENCE N 060 49' 0 1 " E a distance of 11.90 feet to the Point of Termination thereof in
Main Street, said point being N 88' 42' E a distance of 20.00 feet and N 01 ° 18' W a
distance of 11.78 feet from the southeast corner of Lot 4, Block 2, City of Georgetown.
Quitclaim
2024-3-ABD Guy Wire Easement
Page 1 of 3
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
2024-3-ABD Guy Wire Easement
Page 2 of 3
EXECUTED this the Zit, day of I,alab�' / , 2023.
GRANTOR:
CITY OF GEORG
ATTEST:
By: By:
Josh Schroe r, Mayo Robyn De smore, City Secretary
STATE OF TEXA
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this date personally a4 s
Mayor of the City of Georgetown, a Texas home -rule municipal corporation, 6klown 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
20�•-
II KAREN FROST
.� gar a� ,
Notary Public, State of Texas Notary Public, State of Texas
Comm. Expires 05-24-2028
Notary ID 10536084
APPROVED AS TO FORM:
5kyc i isscm• City Attorney
Quitclaim
2024-3-ABD Guy Wire Easement
Page 3 of 3