The URL can be used to link to this page

Home My WebLink AboutORD 2009-08 - Abandonment Quitclaim DeedAN ORDINANCE OF ! OF • t • PROVIDING • ABANDONMENT ; QUITCLAIM DEED OF A 0.12=ACRE PORTION OF OAK LA STREET RIGHTOFWAY AT ITS INTERSECTION BOULEVARD*RIVERY • • I CONDITIONS OF SUCH ABANDONMENT; PROVIDIN OVIDINGMA CONFLICTi SEVERABILITY CLAUSE WHEREAS, the City of Georgetown has received an Application for the Abandonment of the street, alley, and/or public right-of-way described as: Being a 0.12 -acre tract or parcel of land situated in the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas, and being a portion of Oak Lane, as recorded in the plat of Crestview Addition, a subdivision in the City of Georgetown, Texas, recorded in Cabinet A, Slides 253-254 of the Plat Records of Williamson County, Texas, said 0.12 -acre tract being more fully described by metes and bounds on Exhibit "A" and by sketch on Exhibit "B"; attached hereto; and WHEREAS, the Applicant, R.J. Tingley, owns the land abutting one side of the portion of the street to be abandoned and the City owns the other side of the street; and WHEREAS, the City Council called a public hearing on the proposed abandonment of said portion of Oak Lane to be held in conjunction with its regular meeting in the City Council Chambers at 101 E. Th Street (northeast corner of 7th & Main Streets) in Georgetown, Texas, on the 101h day of February, 2009, at 6:00 p.m., of which due notice was given by publication one (1) time in the Williamson County Sun, a newspaper of general circulation in the City on the 41h day of February, 2009, and said public hearing was held on the day stated in said notice; and Ordinance No. Oak Lane ROW Abandonment Page 1 of 4 WHEREAS, upon considering the Application and additional information pertaining to the Application, the City Council now finds that (a) there are no existing City utilities located within the property to be abandoned; OR (b) the utilities existing in the area of the street, alley, and/or public right-of-way will be sufficiently protected by being either relocated, placed into easements, or having their rights reserved from quitclaim of the subject street, alley or public right-of- way, and except for those so reserved, that the utility companies serving the area including and surrounding the right-of-way have determined that their utilities, if existing, will also be sufficiently protected by the same means. BE IT ORDAINED OF OF GEORGETOWN SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this Ordinance implements the following 2030 Comprehensive Plan Goals, Policies and Actions: Goal 4.1 Efficient, Responsive Government, 4.1.B We have created and enforced innovative, effective and fair regulatory codes and developed standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Further, the City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict with any other 2030 Comprehensive Plan Goals, Policies and Strategies. SECTION 2. That the subject portion of Oak Lane street right-of-way described on Exhibits "A" and "B" attached hereto and made a part of this ordinance for all purposes, be, and the same is hereby abandoned, vacated and closed insofar as the right, title or easement of the public is concerned; subject, however, to the conditions, requirements and restrictions hereinafter more fully set out. Ordinance No. -*. �' 0. u SECTION 3. That said portion of Oak Lane street right-of-way is not needed for public purposes and it is in the public interest of the City of Georgetown to abandon said described portion such street right-of-way. SECTION 4. That the abandonment provided for herein shall extend only to the public right, title and easement in and to the tracts of land described in SECTION 2 of this ordinance, and shall be construed only to that interest the governing body of the City of Georgetown may legally and lawfully abandon. SECTION 5. That the abandonment is made subject to all present zoning and deed restrictions if the latter exist, and all drainage and utility easements, whether apparent or non -apparent, aerial, surface or underground. SECTION 6. That the applicant shall pay compensation consistent with the fair market value of the abandoned property. SECTION 7. The City Attorney is hereby authorized to issue and the Mayor authorized to execute a Quitclaim Deed in the form attached hereto as Exhibit "C" and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 8. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 9. If any provision of this ordinance 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 ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 10. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. Ordinance No. 0)00 Olog Oak Lane ROW Abandonment Page 3 of 4 PASSED AND APPROVED on First Reading on the 101h day of February, 2009, PASSED AND APPROVED on Second Reading on the 24th day of February, 2009. ATTEST: jesica Hamil City Secretary APPROVED AS TO FORM: Z- . l /k Patricia E. Carls, City Attorney Ordinance No. Oak Lane ROW Abandonment Page 4 of 4 THE CITY OF GEORGETOWN veorge v. carver, mayor un�l�XFii�IT FIELD NOTES JOB NO. CA1-2-01-02 DATE: May 207 2008 PAGE 1 OF 2 0.12 ACRES All that certain tract or parcel of land situated in the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas, and being a portion of Oak Lane as recorded in the plat of Crestview Addition adjacent to Georgetown, TX, recorded in Cabinet A, Slides 253-254, Plat Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron pin found for the southwest corner of Lot 1, said Crestview Addition, and in the north line of Rivery Boulevard, a 100 foot right-of-way, for the southeast corner of this tract; THENCE, S 65008156" W 92.28 feet with the north line of Rivery Boulevard to a 1/2" iron pin with yellow plastic cap inscribed "CS, LTD" set; THENCE, over and across said Oak Lane right-of-way and with the west line of this tract in the following seven (7) courses: 1. N 44053'59" W 45.89 feet to a calculated point near a concrete drain, 2. N 56016'00" W 3.66 feet to a calculated point near a concrete drain, 3. N 33031'55" E 15.47 feet to a calculated point near the back of curb of Oak Lane, 4. 2.61 feet along a curve to the left and concave to west (A = 99040'15", r = 1.50 feet, Ic bears N 16012'43"W 2.29 feet) to a calculated point near the back of curb of Oak Lane, 5, N 66°02'51" W 17.70 feet to a calculated point near the back of curb of Oak Lane, 6. 17.23 feet along a curve to the right and concave to the east (A = 05015'51 ", r = 187.62 feet, Ic bears N 60042'43" W 17.23 feet) to a calculated point near the back of curb of Oak Lane, 7. 31.18 feet along a curve to the right and concave to the east (A = 51002'38", r = 35.00 feet, Ic bears N 89017'00" W 30.16 feet) to a calculated point near the back of curb of Oak Lane, THENCE, N 58005'41" E 21.34 feet to a 1/2" iron pin set for the southwest corner of Lot 10, said Crestview Addition, and the northwest corner of said Lot 1, and the east line of Oak Lane; THENCE, with the east line of Oak Lane and the west line of said Lot 1 and the east line of this tract in the following three courses: 1. 6.33 feet along a curve to the left and concave to the northeast (A = 02°54'06", r = 125 feet, Ic bears S 63014'16" E 6.33 feet) to a cotton spindle found, 2. S 63050'00" E 114.20 feet, also being the basis of bearing for this survey, to a 1/2" iron pin found, 3. 31.18 feet along a curve to the left and concave to the north (A = 51002'38", r = 35.00 feet, is bears S 89017'00" E 30.16 fleet) to the point of Beginning and containing 0.12 acres (5,074 square feet) of land within these metes and bounds. Bearings based on Volume 444, Page 484, Deed Records of Williamson County, Texas. Castleberry Surveying, Ltd. 3613 Williams Dr. Suite 903 Georgetowq�-Te 78626 Clyde C. �CaoeNrry Jr. Land Surveyor No. 4835 CCC/jgt Z:1Projects12007PRODUCTtOWITLE1CA1-2-01 METESBOUNDS.doc s t7 fl. ch N cu I m 0 CD CL ri tU a f EXHIBIT TO ACCOMPANY t FIELD NOTES 0.12 ACRES OF i OUT OF • PORTER SURVEY, ABSTRACT NO, 4972 WILLIAMSON COUNTY, TEXAS / / / / CRESTVIEW ADDITION LOT 10 CAB. A, SL. 253-254 P.R.W.C. 77 - / /�15' P.U.E. _ r / PORTION OF LOT 1, BLOCK 2 M rlivl •Sp- 4V ` 4E 1 4 Rig L4 � f� 02 4 ~ 0.12 ACRES 1(5,074 sq. ft.) 5' P.U.E. SCALEt V = 30' RECORD BEARINGS BASED ON DEED RECORDS WILLIAMSON COUNTY VOL. 444, PG. 484 CITY OF GEORGETOWN DOC. 200492968 / P.U.E. O.P.R.W.C. / / NUMBER DIRECTION 1/220 IRON PIN FOUND <UNLESS OTHERWISE NOTED> DISTANCE Ll N 44.531590 W 45,89' L2 N 56.161000 W 3466' L3 N 33'31'55' E 15.47' L4 N 66.02'51' W 17,70' L5 N 58'051410 E 21.34' i i i R1 aRgl b' LEGEND DELTA 1/220 IRON PIN FOUND <UNLESS OTHERWISE NOTED> O 1/2' IRON PIN SET w/YELLOW PLASTIC CAP OCCC48350 DIRECTION COTTON SPINDLE FOUND @i MANHOLE 2.61 DA.W.C. DEED RECORDS WILLIAMS13N C2 05"15151' CO. 17,24 MR-W.C. OFFICIAL RECORDS WILLIAMSON CO. a.R.w.c. I PLAT RECORDS WILLIAMSON CO. 20.74 NUMBER DELTA RADIUS ARC CHORD DIRECTION Cl 99.40115' 150 2.61 2.29 N 16.12143' W C2 05"15151' 187.62 17,24 17,23 N 60.421430 W C3 14.51114' 80.00 20.74 20.68 N 46°15'360 W C4 02'54`06` 125,00 6;33 6.33 S 63014'16' E C5 51002`380 35.00 31.18 30,16 S 89.17100' E J SHEET 3613 Williams Drive. Suite 903 . Georgetown. Texas 78152 :•• • i m EXHIBIT "C" Date: , 2009 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: R.J. Tingley Grantee's Mailing Address (including County): 112 River Park Lane, Georgetown, Williamson County, Texas 78626 Consideration: Ten Dollars ($10.00) and other good and valuable consideration Property: Being a 0.12 -acre tract or parcel of land situated in the Nicholas Porter Survey, Abstract No, 497, Williamson County, Texas, and being a portion of Oak Lane, as recorded in the plat of Crestview Addition, a subdivision in the City of Georgetown, Texas, recorded in Cabinet A, Slides 253-254 of the Plat Records of Williamson County, Texas, said 0.12 -acre trace being more fully described by metes and bounds on Exhibit "A" and by sketch on Exhibit "B"; attached hereto; and Quitclaim Deed abandoning a portion of Oak Lane right-of-way Page 1 of 3 Reservations from and Exceptions to Quit Claim: 1. All zoning and deed restrictions. 2. All utility and drainage easements whether apparent or apparent, aerial, surface or underground, including, but not limited following: Electric Line Easement and Right -of -Way conveyed to Lower Colorado River Authority on December 29, 1993, recorded in Volume 2443, Page 607, Official Records, Williamson County, Texas A 15' Public Utility Easement in the approximate location shown on Exhibit "B" attached hereto is hereby reserved unto Atmos Energy for the operation and maintenance of its existing gas utility line contained therein, non - to the For the Consideration and subject to the Reservations from and Exceptions to Quit Claim, Grantor has released and quitclaimed, and by these presents does RELEASE AND FOREVER QUITCLAIM unto Grantee all of Grantor's right, title, and interest in and to the above described Property. Neither Grantor, nor Grantor's successors and assigns, shall have, claim or demand any right or title to the Property except as reserved in this quit claim as set forth in the Reservations from and Exceptions to Quit Claim above. This quit claim is made without express or implied warranty. EXECUTED this the CITY OF GEORGETOWN By: George G. Garver, Mayor day of 2009, ATTEST: Jessica Hamilton Deputy City Secretary Quitclaim Deed abandoning a portion of Oak Lane right-of-way Page 2 of 3 STATE OF TEXAS ) COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally George G. Garver, 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 2009. Notary Public, State of Texas APPROVED AS TO FORM: Patricia E. Carls, City Attorney AFTER RECORDING, RETURN TO: City of Georgetown mail slot OR Terri Calhoun, Paralegal Georgetown Utility Systems P.O. Box 409 Georgetown, TX 78627 Quitclaim Deed abandoning a portion of Oak Lane right-of-way Page 3 of 3 EXHIBIT FIELD NOTES JOB NO. CAI -2-01-02 DATE: May 20, 2008 PAGE 1 OF 2 0.12 ACRES All that certain tract or parcel of land situated in the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas, and being a portion of Oak Lane as recorded in the plat of Crestview Addition adjacent to Georgetown, TX, recorded in Cabinet A, Slides 253-254, Plat Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron pin found for the southwest corner of Lot 1, said Crestview Addition, and in the north line of Rivery Boulevard, a 100 foot right-of-way, for the southeast corner of this tract; THENCE, S 65008'56" W 92.28 feet with the north line of Rivery Boulevard to a 1/2" iron pin with yellow plastic cap inscribed "CS, LTD" set; THENCE, over and across said Oak Lane right-of-way and with the west line of this tract in the following seven (7) courses: Lane, 4. 1. N 44053'59" W 45.89 feet to a calculated point near a concrete drain 2. N 56016'00" W 3.66 feet to a calculated point near a concrete drain, feet to 3. N 33031'55" E 15.47 feet to a calculated point near the back of curb of Oak Lane, 4. 2.61 feet along a curve to the left and concave to west (A = 99°40'15", r = 1.50 feet, is of said bears N 16012'43" W 2.29 feet) to a calculated point near the back of curb of Oak Lane, 5. N 66°02'51" W 17.70 feet to a calculated point near the back of curb of Oak Lane, 6. 17.23 feet along a curve to the right and concave to the east (A= 0501551", r = 187.62 feet, Ic bears N 60042'43" W 17.23 feet) to a calculated point near the back of curb of Oak Lane, 7. 31.18 feet along a curve to the right and concave to the east (A = 51 °02'38", r = 35.00 feet, is bears N 89017'00" W 30.16 feet) to a calculated point near the back of curb of Oak Lane, THENCE, N 58°05'41" E 21.34 feet to a 1/2" iron pin set for the southwest corner of Lot 101 said Crestview Addition, and the northwest corner of said Lot 1, and the east line of Oak Lane; THENCE, with the east line of Oak Lane and the west line of said Lot 1 and the east line of this tract in the following three courses: 1. 6.33 feet along a curve to the left and concave to the northeast (A = 02054'06", r = 125 feet, Ic bears S 63014'16" E 6.33 feet) to a cotton spindle found, 2. S 63050'00" E 114.20 feet, also being the basis of bearing for this survey, to a 1/2" iron pin found, 3. 31.18 feet along a curve to the left and concave to the north (A = 51002'38", r = 35.00 feet, Ic bears S 89°17'00" E 30.16 feet) to the point of Beginning and containing 0.12 acres (5,074 square feet) of land within these metes and bounds. Bearings based on Volume 444, Page 484, Deed Records of Williamson County, Texas. Castleberry Surveying, Ltd. 3613 Williams Dr. Suite 903 Georget"9n�ex 78626 Clyde C. Pastlel%rry Jr. Land Surveyor No. 4835 CCC/jgt Z_ lProjects12007 PRODUCT1ONITITLOCA1-2-01 {METESBOUNDS. doc s s w til CL ch N cv i tv 0 0 N cu N EXHIBIT TO ACCOMPANY FIELD NOTES 0.12 ACRES OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, WILLIAMSON COUNTY, TEXAS CRESTVIEW ADDITION LOT 10 CAB. A, SL. 253-254 P.R.W.C. /-�15' P.U.E. PORTION OF 4 � LOT 1, BLOCK 2 j.F jG 8,y ra C � � 1142 0.12 ACRES 4*'(51074 sq. ft.) 5_ P.U.E_"s mor � CITY OF GEORGETOWN DOC. 200492968 / / P.U.E. O.P.R.W.C. / / NUMBER DIRECTION 1/2' IRON PINNF- ND — (UNLESS OTHERWISE NOTED) DISTANCE L1 N 444531590 W 45.89' L2 N 56.16'00` W 166' L3 N 33'311550 E 15447' L4 N 66`02'51' W 17,70' L5 N' 58405141' E 21,34' SCALE, 1' = 30' RECORD BEARINGS BASED ON DEED RECORDS WILLIAMSON COUNTY VOL. 444, PG, 484 ml4 C5 C�RNl REG is 6 LEGED DELTA 1/2' IRON PINNF- ND — (UNLESS OTHERWISE NOTED) 0 1/2' IRON PIN SET w/YELLOW PLASTIC CAP OCCC48350 DIRECTION COTTON SPINDLE FOUND 2.61 ED MANHOLE C2 05°15151' 13A.W.c. DEED RECORDS WILLIAMSON 17.23 N 60'421430 W CO. aR,W.c. OFFICIAL RECORDS WILLIAMSON CO. P.R.W.c. PLAT RECORDS WILLIAMSON 02654106' CO. NUMBER DELTA RADIUS ARC CHORD DIRECTION Cl 99'401151 1.50 2.61 2,29 N 16°12143' W C2 05°15151' 187,62 17,24 17.23 N 60'421430 W C3 14'51'14' 80.00 20,74 20.68 N 46°15'36° W C4 02654106' 125,00 6533 6.33 S 63°14`160 E C5 51'021380 35.00 31.18 30,16 S 89.17'000 E Suite 903 - Georgetown. Texas 7a628 • .rr • ■ p