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Home My WebLink AboutRES 112525-5.H - Abandonment - Portion PUE for the Benefit of 4103 N IH-35 No2 LTD; 2025-8-ABDRESOLUTION NO. I I o2-5Z5 —5. # RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PORTION OF A PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF GEORGETOWN PURSUANT TO THE PLAT RECORDED UNDER CABINET J, SLIDE 50 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 1988, Williams NPC Georgetown Joint Venture, a predecessor -in -title to 4103 N. IH-35 No. 2 Ltd., a Texas limited partnership ("Owner"), granted to the City of Georgetown a public utility easement across a 10.29 acre tract of land as more particularly described in the plat recorded under Cabinet J, Slide 50 of the Official Plat Records of Williamson County, Texas (the "Property"), for the purpose of facilitating the extension of utilities to service the Property; said easement having been dedicated pursuant to such plat that is recorded under Cabinet J, Slide 50 of the Official Plat 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, the abandonment of a portion of the Easement, such portion of the Easement being more particularly described by metes and bounds and depicted in the diagram contained 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 public utility easement to meet the City's requirements (the "Future Public Utility Easement") which will cover the City's replacement utility facilities, such Future Public Utility Easement to be in a location to be specified by the City across Lot 1, Block A, HEB Georgetown NO. 1 Subdivision, a subdivision in Williamson County Texas, according to the map or plat thereof, recorded in Document Number 2011049313 of the Official Public Records of 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 Future Public Utility 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. Resolution No. I I .1 ,Z5 —.6. H 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 Future Public 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 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. 6 PASSED AND AP CITY O VED on this day of &6g*,6j f , 2025. WN Joshua Sfhroeder, Mayor APPROVED AS Skye Masson, City Attorney Resolution No. 1125.25—�. ATTEST: Robyn D smore. City Secretary Exhibit "A" To Resolution Exhibit "A" Public Utility Easement Partial Release LEGAL DESCRIPTION BEING a 0.3686 acre (16,055 sq. ft.) tract of land situated in the Clement Stubblefield Survey, Abstract No. 558, Georgetown, Williamson County, Texas, being a portion of Lot 1, Block A of the HEB Georgetown No. 1 Subdivision plat recorded in Document No. 2011049313 of the Official Public Records of Williamson County, Texas, also being a portion of that 25 foot wide Public Utility Easement as shown on the Final Plat Riveroaks Resubdivision Section One subdivision plat as recorded in Cabinet J, Slide 50-51 in the Plat Records of Williamson County, Texas, being a portion of the same property described in that Special Warranty Deed to 4103 N. IH-35 No. 2, Ltd. in Document No. 2024009291 of the Official Public Records of Williamson County, Texas; said 0.3686 acre tract of land being more particularly described by metes and bounds as follows, with bearings based on the Texas Coordinate System of 1983, Central Zone: BEGINNING: at a mag nail found for a corner of the said Lot 1, Block A, the southwestern corner of Lot 3, Block 1 of the Final Plat Riveroaks Resubdivision Section Two subdivision plat recorded in Cabinet J, Slide 52-53 of the Plat Records of Williamson County, Texas, the southeastern corner of Lot 2 of the Resubdivision of Riveroaks Drive in Riveroaks Resubdivision Section Two subdivision plat recorded in Cabinet Q, Slide 248-249 of the Plat Records of Williamson County, Texas, the northwestern corner of the said Public Utility Easement, for the POINT OF BEGINNING and the northwestern corner of this herein described tract; THENCE: North 70°27'30" East a distance of 29.41 feet along the northern line of the said Public Utility Easement, the northern line of the said Lot 1, Block A, the southern line of the said Lot 3, Block 1 to a calculated point for the northeastern corner of the said Public Utility Easement, for the northeastern corner of this herein described tract; THENCE: along the eastern line of the said Public Utility Easement, across the said Lot 1, Block A the following courses and distances; 1. With a non -tangent curve to the left with a Delta angle of 07°27'05", a Radius of 745.00 feet and an Arc length of 96.89 feet having a Chord bearing of South 09°06'32" West and a distance of 96.82 feet to a calculated point; 2. South 05°22'10" West a distance of 238.57 feet to a calculated point; 3. With a non -tangent curve to the left with a Delta angle of 28°02'00", a Radius of 245.44 feet and an Arc length of 120.09 feet having a Chord bearing of South 08°38'03" East and a distance of 118.89 feet to a calculated point; 4. South 22°39'03" East a distance of 65.39 feet to a calculated point; 5. With a tangent curve to the right with a Delta angle of 20°09'27", a Radius of 357.67 feet and an Arc length of 125.83 feet having a Chord bearing of South 12°34'19" East and a distance of 125.19 feet to a calculated point on the northern right-of-way line of State Highway 29 (right-of-way varies), the southern line of the said Public Utility Easement, the southern line of the said Lot 1, Block A for the southeastern corner of this herein described tract; THENCE: South 87°41'55" West a distance of 25.00 feet along the northern right-of-way line of State Highway 29, the southern line of the said Public Utility Easement, the southern line of the said Lot 1, Block A to a calculated point for the southwestern corner of the said Public Utility Easement, for the K:\16310\16310-0010-00 Georgetown HEB - Preliminary Engineering\1 Surveying Phase\Documents Created\16310-0010-00 Public Utility Easement Release.docx Page 1 of 2 southwestern corner of this herein described tract, from which a 1/2-inch iron rod with cap stamped "Chaparral" found at the intersection of the eastern right-of-way line of Interstate Highway 35 (right-of- way varies) and the northern right-of-way line of State Highway 29 for the southwestern corner of the said Lot 1, Block A bears South 87°41'55" West a distance of 60.25 feet; THENCE: along the western line of the said Public Utility Easement, across the said Lot 1, Block A the following courses and distances; With a non -tangent curve to the left with a Delta angle of 20°08'35", a Radius of 332.67 feet and an Arc length of 116.95 feet having a Chord bearing of North 12°34'45" West and a distance of 116.35 feet to a calculated point; 2. North 22°39'03" West a distance of 65.39 feet to a calculated point; 3. With a tangent curve to the right with a Delta angle of 28°02'00", a Radius of 270.44 feet and an Arc length of 132.32 feet having a Chord bearing of North 08°38'03" West and a distance of 131.00 feet to a calculated point; 4. North 05°22'10" East a distance of 238.57 feet to a calculated point; With a non -tangent curve to the right with a Delta angle of 06°16'46", a Radius of 770.00 feet and an Arc length of 84.39 feet having a Chord bearing of North 08°31'23" East and a distance of 84.35 feet to the POINT OF BEGINNING and CONTAINING an area of 0.3686 acres (16,055 sq. ft.) of land. Bearing Basis: All bearings shown are based on the Texas Coordinate System, Central Zone, NAD 83. All distances shown are surface and may be converted to grid by dividing by a Surface Adjustment Factor of 1.00012, Units: U.S. Survey Feet. 07-17-2025 Rex L. Hackett Date Registered Professional Land Surveyor No. 5573 rhackett@quiddity.com K:\16310\16310-0010-00 Georgetown HEB - Preliminary Engineering\1 Surveying Phase\Documents Created\16310-0010-00 Public Utility Easement Release.docx - Page 2 of 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION / 25' PUBLIC UTILITY / EASEMENT SCALE 1 a = 100' M CAB. J. SLIDE 52-53 / / LEGEND LOT J, BLOCK 1 / , l RMROAKS RESUBD. RM80 S£C71UV W IRON ROD FOUND ► CAB/MIT J" PAWS 52-5J J / / P.R. W.C.T. � NAIL FOUND 1 �� CONCRETE MONUMENT FOUND CALCULATED POINT BEGINNING FOY/ND MAG UNLl L - 30' PUBLIC UTILITY EAS CAB. J, SLIDE 52-53 J I VI 1', V 15' PUBLIC UTILITY f ;' \$ TF •. \ I 1 1 EASEMENT I 1 CAB. J, SLIDE 50-51 1 .................... 1 55730�,� W I 1 1 0 �,y •. E"S S\. yo IN HEB GEORGETOWN NO. 1 a. S U R LOT 1, BLOCK A o I1 I N 10.290 ACRES 07/17/2025 DOC NO 2011049313 I.. Q� W 13 v I 1 Iz P.R. W.C. T. I NI 10 Q J 4103 N. IH-35 NO.. 2, L M. I I 1 Ito DOC NO. 2024009291 =I I O O.R. W.C. T. h W ' PUSUC U77LITY EASEMENT 0.3686 ACRES ieM 055 SO. FT.) LINE TABLE LINE BEARING DISTANCE Z. 1 N 70 27 30 E 29.21 L2 S 22 39 03 E 65.39 L3 S 87'4155" W 500 L 4 S 87'41 55" W 60.25' L5 I N 22 39 03 W I65 39 CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 7 05 :37" 781.73 96.78 S 09 00 09 W 96.72 C2 28 02 00 ' 245.44' >20.09 S 0838 03 E 118.89 C3 20 09 27 357. 67 125. 83 S 12 34 19 E 725.19 FC5 20 08 35 332. 67 116. 95 N 1234 45 W 176. 35 28 02 00 270.44 132.32 N 08 38 03 W 131.00 '��] C6 6.16 46 "" 770, 00 84. 39 N 08 3123 E 1 84. 35I I cn % I x` ` 25' PUBLIC UTILITY EASEMENT CAB. J, SLIDE 50-51 20' ELECTRIC 7' WATER EASEMENT EASEMENT VOL. 444 PG. 294 VOL. 489 PG. 172 — — — "L4 FOUN 112. hWN ROD OYAPARRALD S TA TE HIGHWA Y 29 FOUND BROKEN CaV61PE7E L\\,I, QUIDDITY MavUWENT (PUBLIC R. 0. W. VARIES) BEARS S 407351'EO.f9' si'isap Eromem n tI N0'm°KM °iin`RT s IW461M K.• � 16310116310-0010-00 Georgetown HEB - Preliminary Engineering � 1 Surveying Phase CAD Files � Working Dwg � 16310-0010-00 Easements. dwg 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: November 25, 2025 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: 4103 N. IH-35 No. 2, Ltd., a Texas limited partnership GRANTEE'S Mailing Address (including County): 3839 Bee Caves Rd #STE 200 West Lake Hills, TX, 78746 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a 0.3686 acre tract of land situated in Williamson County, Texas; said 0.3686 acre tract of land being a portion of a public utility easement that was dedicated to Grantor pursuant to the plat that is recorded under Cabinet J, Slide 50 of the Official Plat Records of Williamson County, Texas; said 0.3686 acre tract of land being more particularly described by metes and bounds and depicted in the diagram contained 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 2025-8-ABD PUE Page 1 of 2 EXECUTED this the '111" day of Df_a_ , bee- , 2025. GRANTOR: CITY OF GEORGE' By: Josh Sch ode STATE OF TEXAS ATTEST: By: 6 Mayor �,�� Robyn nsmore, �CitySecretary § ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally\110S�� ' L% y�&r 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 ofeuwl� 2025. """,IKAREN FROST I Notary Public, State of Texas Notary Public, State of Texas �' =m := Comm. Expires 05-24-2028 Notary ID 10536084 APPROVED AS TO FORM: (\,'A,17 kye N asson, City Attorney Quitclaim 2025-8-ABD PUE Page 2 of 2