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Home My WebLink AboutRES 102224-5.X - Abandonment of a Public Utility EasementRESOLUTION NO. J Q: 2 Zy - J5- )( RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PUBLIC UTILITY EASEMENT DEDICATED TO THE CITY OF GEORGETOWN ON THAT CERTAIN PLAT RECORDED IN CABINET E, SLIDES 350-354 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 1984, West Georgetown Development Company dedicated to the City of Georgetown a public utility easement along the western most boundary of a certain tract of land in Williamson County, Texas, such tract of land being more particularly described as Lot 15, Block "C", Berry Creek, Section One, a subdivision of Williamson County, Texas, according to the map or plat thereof recorded in Cabinet E, Slides 350-354, Plat Records, Williamson County, Texas, such tract also being locally known as 30813 Berry Creek Drive, Georgetown, Texas (the "Property"), for the purpose of facilitating the extension of a public utilities to service the Property; said easement having been dedicated pursuant to that certain plat recorded under Cabinet E, Slides 350-354 of the Plat Records of Williamson County, Texas (the "Easement"); and, WHEREAS, the current owner of the Property, Evelyn D. Smith ("Owner"), wishes to develop the Property, but the Easement is impeding the development of the Property; and, WHEREAS, the abandonment of the Easement along the western most boundary of the Property as more particularly depicted and shown in Exhibit "A" attached hereto and incorporated herein would facilitate the development of the Property; and, WHEREAS, Owner shall not be required to convey a new public utility easement for the Property in view of the fact that the existing public utility easement along Saint Andrews Drive is deemed sufficient to meet the public utility easement requirements as outlined in the Unified Development Code; and, WHEREAS, upon considering the request for the release and abandonment of the Easement, and additional information pertaining to the request, the City Council finds that a public need for the Easement no longer exists and further finds that a replacement easement shall not be required for the Easement that is to be abandoned and released to the Owner or a successor -in -interest to the Owner; and 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. SECTION 2. 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. 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 , 2024. CITY OF/UEORGETOWN ATTEST: By: 1 JJA o hua S0oeder, Mayor Robyn Den more, City Secretary APPROVED AS TO FORM: kye Masson, City Attorney EXHIBIT "A" TO RESOLUTION 1 SURVEY PLAT LEGAL DESCRIPTION: LOT 15. BLOCK 'C', BERRY CREEK. SECTIUPI ONE. A SUBDIVI$IGN W u1LLIAM$QN COUIITY. TEXAS. ACCwh[ojUj 10 THE MAP OR PLAT THEREOF ALCOADED W CABINET E. SLIDES 350-354, PLAT RECORDS. WILLIAMS04 Ci,UrITY, TEXAb, ALSU LOCALLY KNOWN AS 30613 BERRY CRkkK DRIVE, GLOR6ETOWPI, TSXAS. SCAT , I' • 3o' 4 CODW e V2' IRON PIN FOUND 4UWNATION POLE TELEPHONE: Hisa (D ELECTRIC METER Ike ELEC, TRANS, PAD (IP1 WATER METER WOOD FENCE T 1 RECORD WORMATION No re$ THE SS' 8.1., ALONG THE FRONT LOY LINE. THE 25' B.L. ALuNO T11E SIOE STREET AND YHC 10• P.U.E. ALOUQ ALI. 610L LOT LINL•S ARE IIECORDED IN CAD, E. 6L. 450. PLAT RECORDS OF VILL ASON COLMTY, TEXAS. Yfik IO' P.U.E. ADJACENT TO ALL LOT LINCO 14 RECOTWW IN THE R! STwCTI0N5 IN VOL. DDO. PO. 711. OFFICIAL RECORDS OF SAD CUER{TY. A DRA,N L•'ASEI&NY RECORDED N SAO DOCo"ENT IN No( AI'PLICAOLf TO TIA E.01, 110 LOT IS 5WJECT TO ADOITIO14AL REETRICTIONO RECORDED IN VuL. I7G0. PG. 341. OFFICIAL ftECURDS OF SAID COUNTY. ST. ANDREWS DRIVE f50" R.O, W.I (A•1�l5.Au' Jrr24.70') 1C•1! OJ'31 t a.517 • l0' A-125,60 125.30 CAN 63° 50. 42� E IG P.U.E. _� _ `, •• CDNC. 1 k', DRIVE' .j 1 AC 2 SroRr sroNe ` A'j A FRAME" HOUSE X Des Of o .� AC ��t ,...t •u � d L 0T 0 CA C SS} moo:• :. to .N" , m r: IO' P,U:E. .. s 70• 29. 9 - w , as • LOW f: I5 TD'd0'Dp'II Rl.l9'1 SURVEYEDI MARCH IS, 199?: INSPECTED AND UPDATED: OCTG8ER 15, 1997 N (n v �1 EXCLUSIVELY TO PATRICK J45EPH CURRY AND WIFE GINA CURRY. AND THF, LIEN HOLDERS, AND TO Gro TITLE COIAPANY AND STEWART TITLE GUARANTY COMPANY PER GF No. GI= 97036432 XO 110/06/071 K c' THE VWERSIOWD HERETIY STATE$ THAT THEti PLAT UPA" NTS A SURVEY MADE ON THE QROLW OF THE. PROPERTY LEGALLY DESCRIBED HMQM THAT THERE ARIE No ,.y,�,,,...,,,.•tllA`A h. APPARENT WMI PANW, EHCitOACHMENYS. OVEIILAPPING OF IIIPROVkWNT6. VISIBLE Tw�)HCITT IA. HAR,COMC+„ P(SUC VTIUTIES OTT ROAD$ W PLACE EXCEPT AS SHOWN HERLOK AND THAT SAID 2;ty.Y PROPERTY ADJOWE A DEDICATED ROADWAY. THE ABOVE LWAL4Y DESCRIBED .� PROPERTY IB W 7w= Y Arm K ",r �........ „•�.�.. _ .. r i . ` F nnAna ��1�? l EXHIBIT "B" 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: October 22, 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: Evelyn D. Smith GRANTEE'S Mailing Address (including County): 30813 Berry Creek Drive, Georgetown, Texas, 78628 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a portion of Lot 15, Block "C", Berry Creek, Section One, a subdivision of Williamson County, Texas, according to the map or plat thereof recorded in Cabinet E, Slides 350-354, Plat Records, Williamson County, Texas, such portion being all of that certain public utility easement along the western most boundary of said Lot 15; such public utility easement along the western most boundary of said Lot 15 being more particularly depicted and shown in Exhibit "A" attached hereto and incorporated herein by reference. 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 2024-9-ABD PUE Page 1 of 2 EXECUTED this the GRANTOR: CITY OF GEO E� By: Josh Schroe t STATE OF TEXAS day of 2024. ATTEST: N By: ) 1 Mayor Robyn Dens ore, City Secretary § ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally J o&� ScJ coeAer, 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. , 2024. GIVEN UNDER MY HAND AND SEAL OF OFFICE this V101 day of Yja_ =IDi33982902 APPROVED AS TO FORM: J� --I- kye asson, City Attorney Quitclaim 2024-9-ABD PUE Page 2 of 2 I/ i