HomeMy WebLinkAboutRES 082724-5.AC - Release and Abandonment, WAAPF PropertiesRESOLUTION NO. M:Z7 0j y S. AC
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN CONDITIONALLY AUTHORIZING THE
RELEASE AND ABANDONMENT OF AN EASEMENT RETAINED
BY THE 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
electric 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 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, IN 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 16.83 feet,
THENCE N 170 19' 22" W a distance of 60.99 feet with the centerline of the
herein described easement to the Point of Termination thereof in the west line
of Main Street in the east line of Lot 4, Block 2, City of Georgetown, from
which the northeast corner of said Lot 2, Block 4, bears N 01 ° 18' W a distance
of 1.38 feet; and,
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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,
WHEREAS, upon considering the request for the release and abandonment of the
Easement, and additional infonnation 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 any other easement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
082-1aLA-5.AC-
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 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,
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 j 1A r"
�" 2024.
CITY OF GEORUETOWN ATTEST:
J
JA
Robyn Delvinore, City Secretary
APPROVED AS TO FORM:
kye asson, tity Attorney
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. 2 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 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 16.83 feet,
THENCE N 170 19' 22" W a distance of 60.99 feet with the centerline of the herein
described easement to the Point of Termination thereof in the west line of Main Street in
Quitclaim
2024-3-ABD Electric Easement
Page 1 of 3
the east line of Lot 4, Block 2, City of Georgetown, from which the northeast corner of
said Lot 2, Block 4, bears N 01 ° 18' W a distance of 1.38 feet.
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 Electric Easement
Page 2 of 3
EXECUTED this the Z1'1K day of `f /_, 2023.
GRANTOR: ATTEST:
CITY OF GEORG OWN
By: By:
Josh Schro er, Mayo Robyn nsmore, City Secretary
STATE OF TEXA §
§ 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, own 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
202�
�ko O V. KAREN FROST
V.
Notary Public, Stste of Texas Notary Publi , Stat,
Comm. Expires 05-24-2028
Notary ID 10536084
APPROVED AS TO FORM:
kye NAsson, ity Attorney
Quitclaim
2024-3-ABD Electric Easement
Page 3 of 3
day of ,
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