HomeMy WebLinkAboutRES 072826-5.S - Partial Abandonment; PUE; Ewing Development Company, LLCRESOLUTION NO. 01 XJ$ 2.% -S. 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 L, SLIDE 224 OF THE OFFICIAL PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS.
WHEREAS, in 1994, First Texas Bank of Georgetown., a predecessor -in -title to,
Ewing Development Company L.L.C., a Texas limited liability company ("Owner"), granted
to the City of Georgetown a public utility easement across a 4.02 tract of land as more
particularly described in the plat recorded under Cabinet L, Slide 224 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 L, Slide 224 of the Official Plat Records of
Williamson County, Texas (the `Basement"); 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 in Exhibit A and depicted
in the diagram contained in Exhibit B, each being attached hereto and incorporated herein by
reference (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 16, Block C, Preliminary Plat of Rivery Crossing Phase 2, a
Preliminary Plat approved by the City of Georgetown on June 2, 2026 under application
number 2026-2-PP; 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
Resolution Number: C $1 It IG - rJ . 5
Subject: Partial Abandonment of Public Utility Easement
Date Approved: __ice
WHEREAS, nothing herein shall operate to release the remainder portion of the
Easement or 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. 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 C 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 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.
[REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK]
Resolution Number: 0-1 X% 2fo - 5 • S
Subject: Partial Abandonment of Public Utility Easement
Date Approved: '"
U
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 day of L A 2026.
CITY OF GEORGETOWN A
By:
J shua Sc oeder yor Robyn Deis ore, City Secretary
APPROVL-'D AS TO FORM:
aLt���
kye AassoCity Attorney
Resolution Number: 6-1 Z%'ZJp — S , 5
Subject: Partial Abandonment of Public Utility Easement
Date Approved: �A,-" (o
Exhibit "A"
To Resolution
Page 1 of 4
002-22-02 Rivery Crossing PUE Abandonment
EXHIBIT A
METES AND BOUNDS DESCRIPTION
BEING 3,577 SQ. FT. OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497,
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 0.295 ACRE TRACT
CONVEYED TO EWING DEVELOPMENT COMPANY, L.L.C. AS TRACT 2 IN DOCUMENT NO.
2020010587 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
(O.P.R.W.C.), AND DESCRIBED IN DOCUMENT NO. 2016070988 OF THE O.P.R.W.C.; SAID 3,577
SQ. FT. OF LAND BEING MORE PARTICULARLY LOCATED AND DESCRIBED AS FOLLOWS;
(BEARINGS OF LINES REFER TO GRID NORTH OF THE TEXAS COORDINATE SYSTEM OF 1983
(CENTRAL ZONE) AS COMPUTED FROM GPS VECTORS):
COMMENCING at a 1/2 inch iron rod with aluminum cap stamped "4933" found at an exterior ell corner
in the Southeasterly right-of-way line of Rivery Blvd., (ROW Varies), at the North corner of Lot 11, Block
6 of "Gabriel Heights", a subdivision recorded in Cabinet B, Slide 5 of the Plat Records of Williamson
County, Texas, (P.R.W.C.), being in the Southwesterly line of "Rivery Business Park, LLC", a called 3.3
acre tract recorded in Document No. 2022055965 and Document No. 2021093983, O.P.R.W.C.;
THENCE, N36011'35"W", with the Northeast line of said Block 6 of "Gabriel Heights" subdivision and
across said Rivery Blvd. right-of-way, a distance of 119.27, feet to a mag nail found in the Northwest
right-of-way line of said Rivery Blvd., at the most Westerly corner of a called 0.421 acre tract, Parcel 12,
conveyed to the City of Georgetown, a Texas Home -Rule Municipal Corporation, in Document No.
2017059975 of the O.P.R.W.C., and being the most Southerly corner and POINT OF BEGINNING of
this tract;
THENCE, N36011'35"W, along the Northeast boundary line of said Block 6 of "Gabriel Heights"
subdivision, a distance of 161.86 feet to a calculated point in the Northeast line of Lot 8 of said Block 6
of "Gabriel Heights" subdivision, and being the Southwest corner of said Ewing Development Company,
L.L.C. known as Tract 1, conveyed in Document No. 2020010587 and Document No. 2016070988,
0.P.R.W.C. for the most Westerly corner of this tract;
THENCE, S80058'16"E, along the North line of said 0.295 acre Tract 2, also being the South line of
said Tract 1, a distance of 224.55 feet to a calculated point in a curve to the right on the Northwest
right-of-way line of said Rivery Blvd., being the West corner of a called 0.022 acre tract, Parcel 13,
conveyed to the City of Georgetown, a Texas Home -Rule Municipal Corporation in Document No.
2017025485, O.P.R.W.C., also being a South corner of a called 0.024 acre utility & drainage easement
tract, Parcel 13-E, conveyed to the City of Georgetown, a Texas Home -Rule Municipal Corporation in
Document No. 2017079563, O.P.R.W.C. for the most Easterly corner of this tract;
THENCE, (C2), along said curve to the right having a radius of 454.01 feet, an arc length of 13.40 feet,
a central angle of 001 °41'28" and a chord bearing and distance of S50045'47"W, 13.40 feet to a
calculated point on the Northwest right-of-way line of said Rivery Blvd;
THENCE, over and across said 0.295 acre Tract 2, the following two (2) courses and distances:
1. N80°58'16"W, a distance of 191.35 feet to a calculated point at an interior angle point of this
tract;
2. S36°11'35"E, a distance of 137.48 feet to a calculated point on the Northwest right-of-way line
of said Rivery Blvd for an ell corner of this tract;
X:\002 Ewing Development\002-22-02 East Janis Drive Plat Lot 1\Survey Project Fold er\Documents\Legal Descriptions\PUE Abandonment.doc
002-22-02 Rivery Crossing PUE Abandonment
Page 2 of 4
EXHIBIT A
THENCE, S53010'47"W, along the Northwest right-of-way line of said Rivery Blvd., a distance of 10.00
feet to the POINT OF BEGINNING, and containing a calculated area of 3,577 sq. ft. of land.
This description is accompanied by and made part of a survey sketch issued by Haynie Consulting, Inc.
I Timothy E. Haynie, a Registered Professional Land Surveyor, do hereby certify that the property
described herein was determined by a survey made on the ground under my supervision and that all
corners are marked as described.
Timothy E. Haynie
Registered Professional Land Surveyor No. 2380
9-28-2022
Date
rOF T�
• • F
s •T'
oo"Z-1�1
TIMOTHY E. HAYNIE
.........................
`'•A 2380
s s
SUR
X:\002 Ewing Development\002-22-02 East Janis Drive Plat Lot 1\Survey Project Folder\Documents\Legal Descriptions\PUE Abandonment.doc
Exhibit "B"
To Resolution
Q`tYi
EXHIBIT'B'
A 3,577 SQ. FT. TRACT OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO.497,
GEORGETOWN, WILLIAMSON COUNTY, TEXAS.
Q= Q �'lam. \ /
�
ZOT
l 70.
ti
(O"'2 Y c``� Y� OO .
E Al
PnO� th 4Q6
Vvt� 4, NOTE:
NO PUBLIC UTILITIES WERE
FOUND OR OBSERVED
WITHIN THE PROPERTY OF
THIS TRACT
i
o _l0
E oa'oyll
�°�^ EWING DEVELOPMENT COMPANY, LLCv).�� 1�
y - _ did `e TRACT 1 O� (� a
a' 6--x-, �� REMAINDER OF 3.066 ACRES �' 41 �',c) 4.
a ems. DOC. #2020010587,
DOC. #2016070988
m CORRECTION AFFIDAVIT r O�� .. n•
O.P.R.W.C.
< s
�.°rs ems. 20' UTILITY &
c 9� / DRAINAGE EASEMENT
CITY OF GEORGETOWN,
W pz" A TEXAS HOME —RULE
/ < MUNICIPAL CORP.
10 FT. WIDE P.U.E. PARCEL 13-E,
tor6 3,577 SQ. FT CALLED 0.024 ACRE
PER CAB. L, SLIDE 224 DOC. #2017079563
P.R.W.C. / O.P.R.W.C.
TO BE ABANDONED l0
ADDRESS:
a` LOT
2005 RIVERY BLVD Q4
GEORGETOWN, TEXAS 786 8 J`
2\ �f� ` low
LEGEND � a
FL 1/2" IRON ROD FOUND (IRF) � c°TB TRACT 2
m !y 0.295 AC. RG �� q�0 P G• CITY OF GEORGETOWN,
o )( CHISELED "X" IN CONCRETEGF'OO�a�1 �� A TEXAS HOME —RULE
N ® MAG NAIL FOUND 0 a N°;�O OF g gyp' Al.0 O OQ MUNICIPAL CORP.
rj
0 CALCULATED POINT Ro< ` yl r�6G�q�C, Qp�.y ��'� PARCEL 13,
c 22 ACRE
R O.W. RIGHT-OF-WAY 9 DOC E 0 #2017025485
' P U.E. PUBLIC UTILITY EASEMENT \6'� ��,i?' LO O.P.R.W.C.
�i P R-W.C, PLAT RECORDS WILLIAMSON COUNTY POINT OF ,��iy. Q
w O.P.R.W,C, OFFICIAL PUBLIC RECORDS \ BEGINNING
o
OF WILLIAMSON COUNTY RIVERY BUSINFS� rruz,
CAILED3.3 ACRE
E HAYNIE DOC #2021097-
�.
CONSULTING INC. °.�.R "'�`
T SKETCH TO ACCOMPANY 0 100 200
a L Civil Engineers and Land Surveyors FIELD NOTES Feet
1010 Provident Lane
N
Round Rock, Texas 78664.3276 SCALE: 1" = 100'
g Ph:512-837-2446 Fax:512-837-9463
x TBPEFIRM#F-MI1,TBPLSFIRM#100250.00 SHEET 3 OF 4 PROJ. #: 002-22-02
EXHIBIT'B'
A 3,577 SQ. FT. TRACT OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO.497,
GEORGETOWN, WILLIAMSON COUNTY, TEXAS.
SKETCH TO ACCOMPANY FIELD NOTES
TRACT I
3,577 SQ. FT
S 80°58'QP,yo 4Y�
i6" E
� ` 224.55' cp
2 19 PAR3EL
s
p ss� � so C3 - - - -
�. TRACT 2
61
10,00' G�po�'�
V
C POINT OF
BEGINNING
61° RIVERY BUSINESS PARK, LLC
CALLED 3,3 ACRES
"i3`, DOC. #2022955965,
�L DOC, #2021093983
POINT OF
\ COMMENCING
\ --t J:S3'
NOTE:
NO PUBLIC UTILITIES WERE
FOUND OR OBSERVED
WITHIN THE PROPERTY OF X 11 LEGEND
THIS TRACT.
Curve Table
Curve #
Length
Radlus
Delta
Chord
Bearing
C1
67.28'
454.01'
008'29'27"
67.22'
N48' 56' 04"E
C2
13.40'
454.01'
001'41'28"
13.40'
S50' 45' 47"W
C3
12.45'
454.01'
001'34'16"
12.45'
S52' 23' 39"W
C4
41.43'
454.01'
005'13'43"
41.42'
N47' 18' 11"E
0 60 120
Feet
SCALE: 1" = 60'
HAYNIE
-E
CONSULTING, INC.
G Clvil Engineers and Land Surveyors
1010 Provident Lane
Round Rode, Texas 78664-3276
Ph:512-837-2446 Fax:512-837-9463
7BPE FIRM # F-002411, TBPLS FIRM # 1002%M
112" IRON ROD FOUND (IRF)
x
CHISELED "X" IN CONCRETE DRIVEWAY
®
MAG NAIL FOUND
A
CALCULATED POINT
ROW
RIGHT-OF-WAY
D E
DRAINAGE EASEMENT
P U E
PUBLIC UTILITY EASEMENT
P.R.W.0
PLAT RECORDS WILLIAMSON COUNTY
O.P.R W.C.
OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY
I, TIMOTHY E. HAYNIE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND THAT ALL
CORNERS ARE MARKED AS DESCRIBED.
hL� 28-Sep-20220A_a: J,TIMOTHYE HAYNIE.RPLS DATE "'No. 2380- STATE OF TEXAS AYNIE..v:�.�t.Q 'l4
SHEET 4 OF 4
PROJ. #: 002-22-02
Exhibit "C"
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: July _�26
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: Ewing Development Company, L.L.C.
GRANTEE'S Mailing Address (including County): 2500 Rivery Blvd., Georgetown, Texas,
TX 78628
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING a 3,577 sq. ft. tract of land situated in Williamson County, Texas; said 3,577 sq.
ft. 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 L, Slide 224 of the Official Plat Records of
Williamson County, Texas; said 3,577 sq. ft. tract of land being more particularly described by
metes and bounds in Exhibit A and depicted in the diagram contained in Exhibit B, each being
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, Rivery Crossing Phase 2
2022-10-ABD PUE
Page 1 of 2
EXECUTED this the Z�D d y of
ATTEST:
CITY OF GEORGETOWN
2026.
By: By:
Josh Schroeder, Mayor obyn De •more, City Secretary
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this date personally appeared Josh 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 day of
2025.
Notary Public, State of Texas
APPROVED AS TO FORM:
Skye Masson, City Attorney
Quitclaim, Rivery Crossing Phase 2
2022-10-ABD PUE
Page 2 of 2