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HomeMy WebLinkAboutRES 102224-5.AA - Abandonment of a Waterline EasementRESOLUTION NO. 10ZZ24 -5. ►j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE RELEASE AND ABANDONMENT OF A GEORGETOWN WATER LINE EASEMENT. WHEREAS, in 1992, Elbert L. Brown, a predecessor -in -title to Heights at San Gabriel, LLC, a limited liability company organized under the laws of the State of Texas ("Owner"), granted the Chisholm Trail Special Utility District a water line easement across a 103.9327 acre tract of land in the Isaac Donagan and Joseph Thompson Surveys in Williamson County, Texas, said 103.9327 acre tract being more particularly described in that certain warranty deed recorded in Volume 2189, Page 585 of the Official Public Records of Williamson County, Texas (the "Property"), for the purpose of facilitating the extension of awater line across the Property; said water line easement being dedicated in Volume 2225, Page 664 of the Official Public Records of Williamson County, Texas (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 would facilitate the development of the Property; and, WHEREAS, Owner has conveyed replacement easements to the City as recorded under Document Numbers 2024076852, 2024076854, 2024076855, and 2024076853 of the Official Public Records of Williamson County, Texas, thereby meeting the requirement of providing replacement easements for the Easement to be abandoned; and, WHEREAS, upon considering the request for the release and abandonment of the Easement, the City Council finds that a public need for the Easement no longer exists and further finds that Owner has fulfilled the requirement to convey a replacement easement to City in view of the easements that Owner has conveyed to the City pursuant to Document Numbers 2024076852, 2024076854, 2024076855, and 2024076853 of the Official Public Records of Williamson County, Texas. WHEREAS, nothing herein shall operate to release 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. 2otq - 11-Acbz I dZZ,7-k -ACC SECTION 2. The Mayor is hereby authorized to execute a Quitclaim 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 _ ZZhot _day of *, 2024 CITY OF GE�OR(JETOWN ATTEST: By: Joshua Schroeder, Ma Robyn D nsmore, City Secretary APPROVED ASTO FORM: Sky asson, City Attorney EXHIBIT "A" TO RESOLUTION 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: October 22, 2024 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Heights at San Gabriel, LLC GRANTEE'S MAILING ADDRESS: 310 Enterprise Drive, Oxford, MS 38655 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: All of Grantor's right, title and interest in and to that certain Right of Way Easement recorded in Volume 2225, Page 664 of the 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. Quitclaim Abandoning WLE to Heights at San Gabriel, LLC 2024-11-ABD Page 1 of 2 EXECUTED this the day of GRANTOR: CITY OF GE R ETOWN BY: Joshua S hroeder, Mayor STATE OF TEXAS \ i �� COUNTY OF WILLIAMSON 20_ ATTEST: �Z Q'AAA­Y� Robyn ensmore, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally appeared Joshua Schroeder, 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 2daY of V� , 2024. 6­4 Shannon Biddle EO-�7:Notary Commission Expires9126/2026 ID133982902 APPROVED AS TO FORM: JA Sk - Masson, City Attorney otary Public, State of Texas Quitclaim Abandoning WLE to Heights at San Gabriel, LLC 2024-11-ABD Page 2 of 2