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HomeMy WebLinkAboutRES 031026-5.P - Abandonment of Drainage Easement for TriPoint Homes (2025-12-ABD)RESOLUTION NO. r)3102b - 5.1P RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE RELEASE AND ABANDONMENT OF A DRAINAGE EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN A DOCUMENT RECORDED UNDER DOCUMENT NUMBER 2023084878 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS WHEREAS, in 2023, Tri Pointe Homes Texas, Inc, a Texas corporation organized under the laws of the State of Texas ("Owner"), granted the City of Georgetown a 0.796 acre drainage easement across 77.830 acre tract of land out of the Woodruff Stubblefield Survey, Abstract No. 556 recorded under Document Number 2023056327 of the of the Official Public Records of Williamson County, Texas, (the "Property"), for the purpose of facilitating the drainage ofwater across the Property; said drainage easement being conveyed to the City of Georgetown pursuant the document recorded as Document Number 2023084878 of the Official Public Records of Williamson County, Texas (the "Easement to Be Abandoned"); and, WHEREAS, Owner wishes to develop the Property, but the Easement to be Abandoned is impeding the development of the Property; and, WHEREAS, the abandonment of the Easement to be Abandoned would facilitate the development of the Property; and, WHEREAS, upon considering the request for the release and abandonment of the Easement to be Abandoned, the City Council finds that a public need for the Easement to be Abandoned no longer exists, and therefore the Easement to be Abandoned may be abandoned and released to Owner or a successor -in -interest to Owner. 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 meeting at which this resolution was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2. 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 3. 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 Resolution Number: 0?,. i p 2g — 15.4> Subject: Abandonment of Drainage Easement Date Approved: (3I 10 1 2v2(o to complete the release and abandonment of the Easement to be Abandoned, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 4. All resolutions that conflict with the provisions of this resolution are hereby repealed, and all other resolutions of the City not in conflict with the provisions of this resolution shall remain in full force and effect. SECTION 5. If any provision of this resolution, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this resolution, which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest. This Resolution shall be effective immediately in accordance with the provisions of the City Charter of the City of Georgetown. PASSED AND APPROVED on this 1Q+k day of , 2026. CITY OF GEJDRGEVWN / ATTEST: By: J sii,�wSchro , ayor Robyn D smore, City Secretary APPROVED AS TO FORM: Skye Masson, City Attorney Resolution Number: 0310 (p — S .P Subject: Abandonment of Drainage Easement Date Approved: 03 � t O [ U1. (,o 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: March 10, 2026 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Tri Pointe Homes Texas, Inc, a Texas corporation GRANTEE'S MAILING ADDRESS: 11149 Research Blvd Ste 100, Austin, TX 78759 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 Drainage Easement recorded under Document Number 2023084878 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 a Drainage Easement to Tri Pointe Homes Texas, Inc, a Texas corporation 2025-12-ABD Page 1 of 2 EXECUTED this the J y _QI day of c cA,\ 20 Zb . GRANTOR: CITY OF GEORGE' BY: Joshua Schrc STATE OF TEXAS ATTEST: Mayor - Robyn DvIsmore, City Secretary r ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON 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 Loday of 2026. KAREN FROST n:Notary Public, Stets of Texas Comm. Expires 06-24.2028 Notary ID 1053608.4 APPROVED AS TO FORM: Skye Masson, City Attorney Quitclaim Abandoning a Drainage Easement to Tri Pointe Homes Texas, Inc, a Texas corporation 2025-12-ABD Page 2 of 2 Notary Public, State of Texas ELECTRONICALLY RECORDED 2023084878 Williamson County, Texas Total Pages: 8 DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § T is Drainage Easement Agreement (this "Agreement") is made on the da � of 200between Tri Pointe Homes Texas, Inc., a Texas corporatio"b6se_, dress *16410 Briarwick Drive, Suite 170, Austin, Texas 78729 (hereinafter referr��s " 9rantor"), and the City of Georgetown, a Texas home -rule municipal corporation, wliosdt Is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secret7--q ( �er4i�i�eferred to as "Grantee'). 1. For the good and valuable consideration described �' Phr 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee,`t��subc6ssors and assigns an EXCLUSIVE easement and right-of-way (the '�Easem for the placement, construction, operation, repair, maintenance lc� et, upgrade, rebuilding, relocation and/or removal of drainage facilities d rel appurtenances (collectively, the "Facilities") and allowing the flow of water , v across, under, and through the following described property of the Gran Being all that certain l cel of land lying and being situated in the Co of Wi * nson, State of Texas, being more particularly descri by me and bounds in Exhibit A and by diagram in Exhibit Bt'at h ereto and made a part hereof for all purposes (th '` �71 rty"jam, 2. The Easement and the ' is I d.,privileges herein conveyed, are granted for and in consideration of the m n"� and No/100 Dollars ($1.00) and other good and valuable consi&.�atio r or in hand paid by Grantee, the receipt and sufficiency of which is hereby ked and confessed. 3. The Eas,! nent, with t rights and privileges, shall be used only for the purpose of placin® �Ms operating, repairing, maintaining, rebuilding, replacing, upadl'ng� r�l tang, and/or removing the Facilities and allowing the flow of water on,! a�v ss, der, and through the Property. The Easement additionally includes the r'9 o r ve from the Property all trees and parts thereof, or other obstructions, whieh.�nd;er or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. rantor and Grantor's heirs, personal representatives, successors, and assigns are and ,shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. COG DRAINAGE EASEMENT Page 1 of 7 Lawhon 2022-50-FP 2023084878 Page 2 of 8 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting rig se in any manner, the area (or any portion thereof) covered by this grant. 7. This Agreement contains the entire agreement between the parties relatin i 'ect matter. Any oral representations or modifications concerning this Agree t sh be of no force and effect. Any subsequent amendment or modification iting and agreed to by all parties. 8. The terms of this Agreement shall be binding upon Grant tor's heirs, personal representatives, successors, and assigns; shall bin inur the benefit of the Grantee and any successors or assigns of Grantee; sh tie deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor and Grantee have cause 's in ent to be executed on the dates set forth herein. r.D AM 11- TEXAS, INC., Name: Title: STATE OF COUNTY OF , a § This ins t ac owledged before me on this the -L day of , 20a, by ,�,,,;S,ef(�,«;�j�,��of Tri Pointe Homes Texas, Inc., a Texas corporate f of said corporation. •```"` o AEL LEE STEVENS otary Public, State of Texas Notary Public, State of Texas Comm. Expires 0848-2027 Notary ID 13448723-2 11 COG DRAINAGE EASEMENT Page 2 of 7 Lawhon 2022-50-FP 2023084878 Page 3 of 8 GRANTEE: City of Georgetown, Texas, a Texas home -rule municipal corporation By: Name: David Morgan Title: City Manager STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the by David Morgan, City Manager of the City of Georrr corporation, on behalf of said corporation. O APPROVED AS TO FORM: , RETURN TO GRANTEE: W ,20 Z3 home -rule municipal otary Public, State of Texas COG DRAINAGE EASEMENT Page 3 of 7 Lawhon 2022-WFP 2023084878 Page 4 of 8 EXHIBIT Exhibit A TEMPORARY DRAINAGE EASEME 0.796 A METES & BOUNDS DESCRIY'1'ION FIELD NOTES FOR A 0.796 ACRE TRACT OF LAND OUT OF THE WO�)�tbq I+f'I.�Y STUBBLEFIELD SURVEY, ABSTRACT NO. 556 OF WILLIAMSON COLJ,,j]KW, BEING A PORTION OF A CALLED 77.830 ACRE TRACT OF LAND AS �10MRD TO LAND HOLDINGS WALAW, LLC BY SPECIAL WARRANTY DE�/�_ I E�CO IN DOCUMENT NUMBER 2021193017 OF THE OFFICIAL P I11� REC RDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.796 ACRE OF �BF,1.46 MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS �FQL S AND AS SHOWN ON ATTACHED SKETCH: COMMENCING for POINT OF REFERENCE at a 1) "FOREST 1847" found on the west right-of-way line of v no deed of record found), at the north corner of the above 77.830 acre tract, and the southeast comer of a called JINI No. 1 as conveyed to Woodhull Family Partners by a Page 243 of the Official Records of Williamso un , way line of said Lawhon Lane and the nortlieast-lin �Ss tract, S 22°30' 11" E a distance of 11.20 fee4 to a calcn�a e POINT OF BEGINNING of the herein.dcscribcd tract. -ir c�rir6n r itli cap stamped ylliine of I bon Lane (width varies, esbobcd Holdings Walaw crgI land described as Tract ty�recorded in Volume 2442, ;xas! once, with the west right of- l2atl�d Holdings Walaw 77.830 acre point for the northwest corner and THENCE, continuing with the wyrst right-of-wityj�� if Hof said Lawhon Lane and the northeast line of said Land Holdings Walaw 77:113 acre tract, S 7r30'l 1" E, a distance of 31.72 feet to a 1/2- inch iron rod with cap stamped "FORK 1847" found at the intersection of the west right-of- way line and the south right-of-wi s� id Lawhon Lane, at an interior comer of said Land Holdings Walaw 77.830 acre,ir -tt ilitE `or corner of the herein described tract; THENCE, continuing v6iFh e s u4h�Y t-of--way line of said Lawhon Lane and the northeast line of said Land Holdings` 30 acre tract, S 77105109" E, a distance of 43.03 feet to a calculated point for tli ardrthe ta0mer of the herein described tract, from which a 1/2-iron rod with caps ped et at the northwest comer of a called 1.0000 acre tract of land as conveyed ue hon gift deed recorded in Document Number 9807234 of the Official Records of y, Texas bears S 77005'09" E, a distance of 6.57 feet; THE\ g ouch right-of-way line of said Lawhon Lane, over and across said Land Holdin alaw 0 acre tract, S 61030'55" W, a distance of 440.50 feet to a calculated point of curvsk i'eo A cu a to the left; JC"6ptinuing over and across said Land Holdings Walaw 77.830 acre tract, along said to th1 ft, having an arc distance of 104.96 feet, a radius of 120.00 feet, a central angle of '5S " d chord which bears S 36°2728" W, a distance of 101.65 feet to a calculated point Page 1 of 4 \SROWNOAY.NET%PANZURAWMIONS\TXCIPROJECMTRENDMAKER17547-00-LAWHON TRACT- WRVEWV104_FINAISIMBWASEMENTS\* fallORARYDRAINAGEEASEMENT.DOCX COG DRAINAGE EASEMENT Lawhon 2022-50-FP Page 4of7 2023084878 Page 5 of 8 THENCE, continuing over and across said Land Holdings Walaw 77.830 acre tract, S 11 °24'01" W, a distance of 30.56 feet to a calculated point for the southeast corner of the herein described tract; THENCE, continuing over and across said Land Holdings Walaw 77.830 acre tract, N 76°54'33" W, a distance of 21.07 feet to a calculated point of curvature of a curve THENCE, continuing over and across said Land Holdings Walaw 77.830 acre tract, g s�i curve to the left, having an are distance of 38.99 feet, a radius of 325.00 feet, of 06°52'23" and chord which bears N 801120'45" W, a distance of 38.96 feet to I d point for the southwest corner of the herein described tract; THENCE, continuing over and across said Land Holdings Walaw 77.83b•acre. tract N 11024'01" E, a distance of 31.12 feet to a calculated point of curvature f a curve to the right; THENCE, continuing over and across said Land Holdings Wala�w, . 30 tract, along said curve to the right, having an arc distance of 157,44 feet, a �f 1 eet, a central angle of 50°06'54" and chord which bears N 36°2T28" E, a distances71V524feet to a calculated point; THENCE, continuing over and across said Land Hol ' — .830 acre tract. N 61°30'55" E, a distance of 411.53 feet to the PO OFNMG and containing 0.796 acre (34,687 square feet) of land, more or lea I hereby certify that these notes were pr ed from rvey made on the ground by BGE Inc., under my supervision on November 29, and are a and correct to the best of my knowledge. Bearing orientation's based on s tate Plane Coordinate System, NAD 83, Texas Central Zone 4203. or ° JONAy 0. NOBLE nathan O. Nobles '� *0 57Tj'��: BGE, Inc. 101 West Iw n vd, to 400 SUa`lr`' Austin, Tex s 7$ TBPLS i'.i0Ia;Sed'StsN4Yin- a Firm No. 10106502 reaam"Or 2, 2023 s i 547-W 3/2/2023 Date Page 2 of 4 MROWNOAY.N&MPAN71JRA1RFGIONMTXQPRWF.GRS17IUMMAKER17S47-0R-GAWHON TRACT SU1tVEYL r41 -FINALMMBIEASEMLNTS%'ItMPORARY DRAINAGE EASEMEM',D0FX COG DRAINAGE EASEMENT Lawhon 2022-50-FP Page 5 of 7 2208487 Page eoa Exhibit a \B § 66 co & ■� � � �J . � �22d K LU 2 § 2 U� z0 -�A k ca 5 z zo 2 t $2 e 2ag k ce ` ® �:tci :5z �7 \ o 22 \ �� § d-MO ca \04cd �A & E � �m £ �d » \3 \ ©k k§�§��\ §�\\§� §2/° ■■ <� V�p m)■��= Q k§ N §� » LI - ��\ 0 a w ILI ) / �o� ® E§ /° § COG DRAINAGE EASEMENT Page 6 of 7 Lwh■22-50-P 2208487 Page 7o8 B � 3 § § q m k L o § B § 4 0 8 z \ m z m (X w 0 m Q § 2 ina 10 S V) 2 k t k § k $ z / to � .0,. � § CD z § \) ■ 2 R q ! tk 32 ® �_j SK \� C @ S §/ R k 3K�§k �£ §U yz5 a�2 §0 §L� °° z ■@z� �IL M+f ��L w�/« &§ W�' �§� UXECUZZk�22 v2 Oozz $ LOU Rzoo��2 G �@o dRi z� § j ui fW kZ2�`e«§� ¥§ �\ J o k % q ¢ � - ) �- m . L61 2 P k § P § $ § z$ m n k p R=■_ a 0 0 0 z z § zt . COG DRAINAGE EASEMENT Page 707 Lws22-QFP 2023084878 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023084878 Pages:8 Fee: $50.00 10/11 /2023 08:52 AM LMUELLER O r`ti �r s Nancy E. Rister, County Cl Williamson County,Te as 0 D