HomeMy WebLinkAboutORD 2012-12 - Abandonment E 18th & Pine St• • i' • i' 1
THE VICINITY OF EAST 18TH & PINE STREETS; PROVIDING FOR THE TERMS
1 CONDITIONS OF i•NMENT; CALLING A PUBLIC HEARINGO
PROVIDING A CONFLICT AND SEVERABILITY CLAUSE AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an Application for the Abandonment of a portion of
unimproved, unopened and unnamed public street right of way, described as follows, to -wit:
BEING a 0.1045 -acre tract or parcel of land situated in Williamson County, Texas, and being a
portion of two unopened 20 foot streets dedicated in the plat for Coffee's Addition to Georgetown,
a subdivision in Georgetown, Williamson County, Texas, as per plat recorded in Volume 22, page
323, Deed Records, Williamson County, Texas, and being more particularly described by metes
and bounds in Exhibit "A" and by diagram in Exhibit "B" attached hereto and made a part hereof
for all purposes (the "Property").
WHEREAS, notice of the time and place, where and when this Ordinance would be heard at a public
hearing and considered for final passage, was published in the Williamson County Sun, a newspaper of general
circulation in the City of Georgetown, was published on the St" day of February, 2012, such publication being more
than seventy-two (72) hours prior to the scheduled time of said public hearing.
WHEREAS, upon considering the Application and additional information pertaining to the Application, the
City Council now finds that the utilities existing in the area of the public right-of-way will be sufficiently protected
by being either relocated or placed into easements as shown on the proposed Preliminary Plat of Pine Street
Subdivision attached hereto as Exhibit "C" and that the utility companies serving the area, including and
surrounding the right-of-way, have detennined that their utilities, if existing, will also be sufficiently protected by
the same means.
WHEREAS, in addition to the reservation of the above described atility easements, said abandonment is
subject to the dedication by plat of the additional street right of way described as 0.0022 acres, 0.0228 acres and
0.0682 acres on Exhibit "C" attached hereto, to the City, prior to the recording of a deed authorizing such
abandonment.
TEXAS.BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I OF GEORGETOWJ
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 policy of the Century
Plan - Policy Plan Element(s):
Growth and Physical Development Focus End 3.00, which states: "Citizens, business owners and
organizations enjoy the benefits of well-planned land usage in which conflicting needs are
balanced"; and
Economic Development Focus End 1.01, which states: "Existing undeveloped sites in
Georgetown are put to beneficial use"; and
The City Council further
finds that the adoption
of this
resolution is not inconsistent
or in conflict with any other
Century
Plan
Policies,
as
required
by Section 2.03
of the
Administrative
Chapter
of the
Policy
Plan.
Page 1 of 2
SECTION 2. That the above described Property, more fully described by metes and bounds in Exhibit
"A" and by diagram in Exhibit 6'D" be, and the same is hereby abandoned and vacated insofar as the right, title and
interest of the public is concerned, save and except any utility easement{s} shown on Exhibit "C" attached hereto,
which easements shall be reserved and/or retained by the City, and subject to the dedication by plat of the additional
street right of way described as 0.0022 acres, 0.0228 acres and 0.0682 acres on Exhibit "C" attached hereto, to the
City, prior to the recording of a deed authorizing such abandonment.
SECTION
3. That said portion
of public 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
public right-of-way.
SECTION 4. That the abandonment provided for herein shall extend only to the public right, title and
interest in and to the tracts of land described in SECTION 2 of this ordinance, and shall be construed only to that
interest which the governing body of the City of Georgetown may legally and lawfully abandon.
SECTION 5. The City Attorney is hereby authorized to issue and the Mayor authorized to execute a
Quitclaim Deed in the form attached hereto as "Exhibit I3" and the City Secretary is authorized to attest thereto on
behalf of the City of Georgetown, which Quitclaim Deed shall be held in escrow by the City until such time as the
conditions described herein have been fully satisfied, at the sole discretion of the City.
SECTION 6. 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 7. If any provision of this ordinance, or the application thereof to any person or circumstance, shall
be held invalid, such invalidity shall not affect the other provisions, or the application thereof, 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 8. 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.
PASSED AND APPROVED on First Reading on the 14`11 day of February, 2012.
PASSED AND APPROVED on Second Reading on the 28"' day of February, 2012.
THE CITY OF GEORGETOWN:
Page 2 of 2
FIELD NOTE DESCRIPTION FORA 0.1045 ACRE IRA.C.`f OF LAND:
f3s:,I t1.?C} S CttZi Ifs=�C'I O PARC;}',i, OF LAND SITUATED ENI
WILLIAMSON., COU\ 1 Y, TEXAS. ANT) BEING A PORTION OF TWO UNOPEt;,ED
20 FOOT STREETS 1).EDIC:ATFD TIN 7I'i1: PLAT FOR C01"F 'i'='S ADDITION TO
G ORCa1`.7'C)WN, A SUBDI%'ISION IN GEORGETOWN, WIL .11AMSCI+i C.01 fi ITY
TEXAS AS PER PLAT RECORDED IN VOLUME 22, PAGE 323. DEED
RECORDS, WIT,Li:'tMSC1N CCi(;:N`I' , TEXAS, AND BEM- MORE PARTICULARLY
DESCRIBED BY 1VIETES AND BOUNNDS AS FOLLOWS:
COMMENCING at tie northeast comer of this tract, and the southeast corner of a tract of
land conveyed to Delores S. Flatter. `f'rustee of The Flatter Revocable Living 'trust by deed
recorded in Docur eni No. 2008053939, Offici<d Public Records, U'illianuson County,
Texas, ide=rtifled as Tract i in said Gleed, and being a point in the west flare of a Tract of land
conveyed to GeorgretmAm Railroad by deed recorded in l)ocurtlent No. 9,06076. Official
Records, Williamson County, Texas, and which point is also POPNT OF BEGINNING oz
the herein described tract_
THENCIE dth the a ol-thernniost cast fine o€'this tract and ti.e west line ol'the Georgetc%?n
Railroad tract South 24c20'23" West at a. distance of 26,55 Meet. to a c:o:lrer of ibis bract_ and
the north corner of a tract of laruf conv eyed to Delores 4. flatter, Trustee of 'rhe Flatter
Revocable Living, Trust fay, deed recorded in: Document No. '10090,5 3939, Official Public
Records, i1"ilfiarrison County, Texas, identified as Tract 3 .in said deed-,
TIF:NCL with the ntrlt:hel€ riost southeast line of this exact and the northwest line; of the
Flatten Trait 3 South 71"097.3 " West at a distance oi. 64.51 feet to a corner o? thus tract and
the'.,cst carnes- of the flatter i'ract 3.
THENCE with the sou.ther-izalnst northeast lite Of this tract an(]' Tire southwest: lilts
o tiff; Harter l n<'lct I South 3 9°10-T'28" &ist at a distance of 62.14 feet to a corner of this
tract and the south cosier of the Futter Tract 3 and being a Itoiitt in the west line of the
Georgetown Railroad tract,
Ir
1.11ElNC:E with the southernmost east line of this tract and the Test Eine: or the Georgetown
Railroad tract South M 76'0V West at a distance of 24.0& feet to a fhe sor:-heast corner of
this tract and the northeast corner or a tract of.land comieyed to Delores S. Flatter, Trustee
of Th. Flatter Re -vocable .Living 'Trust by Gleed recorded in Document No. 2(308£)53939,
t)idcial Public Records. rds, 'illiarrtsorl C'ountt . Texas, identifid. as "i rac;t: 2 in sr€id deed:
T ll-- INCE with the southrve- st line ot''this tract and the northeast line of the F'[ ri:ter "I'rrc 2
North 19"01 °3T' -West at a distance or 75,02 feet to a Gor=ier of this tract and the Month
writer of the Flatter Tract 2,
THENCE Aiih lire southermnost soullicast li=ne of Thi,; tract and thee rlorth"Yest line of the
Flatt r "rract4 "outh 73'27' 15" Wes! at a distance of 70.06 reel. to the southwest corner of
this tract and the nm1➢a.vm canter of the Flatter Tract 2 and being a poiint. ,n the .northeast
right-of=way lima of a ctrl -de -sac hl'Pirie Street:
IHENCI'- with the )vCSternmost southwest Hili: o this Tract and t'ric northeast right-
of-way fxlae €:, a. cul -de -Sac of Pine Street a.lollS� a C, lei^v8 i{! tklcc left void, a chord bearing
of'North. 030 )AP24" West it a chord distance of 20 68 feet, with a radios of 40,00 feet. and
an arcc length of21).3)1 feet, to the rtorthwest corker of this tract and tic sof tbwest corner of'
the r latter Tract 1;
-, .T NCL with i nortt.westlirw o1 this tract. aud flie soua.t els linew oil the FM -tier .i.1act. [
-Norty 71*24-a7" Lest at a distance of 167A'5� feat 'lo the YOINTT- OF BEGENNNiNs::?,
con taming Q. 1.045 aCres of Juni., more L)I' MISS.
statt <41 i .
cxas
teive t 20, 210 ,11 1
f�
y
f
statt <41 i .
cxas
teive t 20, 210 ,11 1
C LCO SURVEYLNG
TEL 830-214-5109
FAX: 866-571-8323
SCALE
10 = 20t
` r a
DELORES S, FLA nlM
TRUSTEE OF F I EER REVOCABLE UANG TRUST
DOC. NO. 20€38053939 O.P.R,W C.}
TRACT I
,1t 45A RE TRA CT"
sl2 - Rt? 4C}
DELORES S. FLATTER
"RUSTE OF
.-p A4NER REVOCABLE LAING TRUST
�Ji c DOC, NO. 2008053939 O.P.RM.C. j
TRACT 2
CURW TABLE"
uR E dG7iRFDtiSICt�?LS BEARING d
40
20 91 40 ,
00 '20,68 IN03IW2f
1 2G 68
AMMSS:
LEGAL. DES? `1'3 i0 : SEE EXHIBIT A" ATTACHED HER00 AND MADE A PARS HEREOF.
CERTMCA'TION
THE UNDERSIGNED DOES HEREBY CERTIFY TO THE PARTIES LISTED BELOW T€ -EAT THIS
PEAT CORRECTLY REPRESENTS A SURVEY MALE UPON THE GROUN€? OF THE PROPIwRTy
SHOWN HEREON, AND TW THERE ARE NO ENCROACHMENTS OF VISIBLE IrMPROVE6kENTS,
EXCEPT A5 SHOWN HEREON, AND THAT THIS PROPERTY 'r.AS ACCESS TO A PUBLIC ROADWAY,.
EXCEPT AS SHOWN HEREOK
OCTOBER 20, 2011
vain i1 _
GEORGETOWN RAILROAD
DOC. NO. 9806076
RP,LS, 4160
v
_ _ LOT I I
!
!
— — —_LOT 2
I
(
!
— — — —LOT 3 !
!
---_LOT
41
La
w
ceF.-
to
w
z
;01
I` I .M T�i�"Aw
PINE STREET SUBDIVISION
I I
r � l
I LOT 6 ! LOT 4 I LOT 2 1
LLEGEND _ _ — — — �_ _ _ ___ I—_ — _ _) • m IRON ROD F0L40
(j m REOORO PER PLAT
17th STREET (CYPRESS STREET)
(60')
S w4w3w W 10&81
LOT 2 i LOT t
I 4�
A'B8'4S7i7�' 136.11' I
9 $K I
LOT u $
aol m usE) 1
I I�WAS,
xavvs:w'E 136.4r wssx
I
LOT 4
(MIAUIY
II F�,1eM
I '
LOT 5
/
av Tm/
0.02 - W E' -.•- -.. E
ROW /
y. exry
/
1 ciz fits / LOT 6
K
LOT 7 I
J
\ 4 1
\ \ \ LOT $
/
/ BENCHMARK R4FORMARON: \
/ CBY OF GEORGETOWN BM 96-005
ELEVATION: 768.42' \
LOC Consultants, LLP
(Ivil, Snuc cgr 6 Envifmmw.a eOSp is
F-4766
:MS
EXHIBIT
40'80'
0
0.2279
40'
60'
S.F.
Ba"
11m
40'
AC
E
as:
0.2279
AC
9,927.37
S.F.
LOT
2
0.1924
AC
8,380.85
S.F.
ET.bS
Et#'A
y
EWY.%
8,111.23
S.F.
r
4
0.2602
AC
Ils334.65 S.F.
LOT
C
T
-
AC
8,892.85
C�}.�:R
LOT
6
}11x4
AC
14,200.87 S.F.
LOT
7
0,1642
3
7,154.87
S.F.
4
8
4.1610
AC
7,015.87
S.F.
MUMMI"�
i4?�3�
_F� si f�%4'.i�Fi7�
0.0932
0��iF3l�i"1
TOTAL
SITE AREA
= 1.815
�3�
.,�Rl!Y?a+?7iA3Fi
�
Y
v
f%
E�>
E=�
1
EXISTING SITE ACREAGE:\
TRACT "A": 1.0731 AC (46,743.87 S.F.)
TRACT "8" : 0.5902 AC 25,709.94 S.F.)
TRACT "C` : 0.0475 AC (2,071.49 S.F.)
ROW TO BE VACATED : 0.1045 AC
44555.09 S.F.)
TOTAL AREA: 1.815 AC
LOT
as:
0.2279
AC
9,927.37
S.F.
LOT
2
0.1924
AC
8,380.85
S.F.
LOT
3
0.1862
AC
8,111.23
S.F.
LOT
4
0.2602
AC
Ils334.65 S.F.
LOT
5
0.2041
AC
8,892.85
SF.
LOT
6
0.3260
AC
14,200.87 S.F.
LOT
7
0,1642
AC
7,154.87
S.F.
LOT
8
4.1610
AC
7,015.87
S.F.
MUMMI"�
i4?�3�
_F� si f�%4'.i�Fi7�
0.0932
0��iF3l�i"1
TOTAL
SITE AREA
= 1.815
�3�
.,�Rl!Y?a+?7iA3Fi
1
EXISTING SITE ACREAGE:\
TRACT "A": 1.0731 AC (46,743.87 S.F.)
TRACT "8" : 0.5902 AC 25,709.94 S.F.)
TRACT "C` : 0.0475 AC (2,071.49 S.F.)
ROW TO BE VACATED : 0.1045 AC
44555.09 S.F.)
TOTAL AREA: 1.815 AC
LOT
1
0.2279
AC
9,927.37
S.F.
LOT
2
0.1924
AC
8,380.85
S.F.
LOT
3
0.1862
AC
8,111.23
S.F.
LOT
4
0.2602
AC
Ils334.65 S.F.
LOT
5
0.2041
AC
8,892.85
SF.
LOT
6
0.3260
AC
14,200.87 S.F.
LOT
7
0,1642
AC
7,154.87
S.F.
LOT
8
4.1610
AC
7,015.87
S.F.
ROW
DEDICATION :
0.0932
AC
TOTAL
SITE AREA
= 1.815
AC
W� al a l�ii Yi
NOTICE OF i ; YOU •
YOU ! OR OF • iINFORMATION
FROM ! • i FOR RECORD
RECORDSo YOUR• OR ! DRIVER'S
NUMBER.
Date: , 20
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:
Grantee's Mailing Address (including County):
Consideration: Ten Dollars ($10.00) and other good and valuable consideration
Property:
BEING a 0.1045 -acre tract or parcel of land situated in Williamson County,
Texas, and being a portion of two unopened 20 foot streets dedicated in
the plat for Coffee's Addition to Georgetown, a subdivision in
Georgetown, Williamson County, Texas, as per plat recorded in Volume
22, page 323, Deed Records, Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit "A" and by
diagram in Exhibit "B" attached hereto and made a part hereof for all
purposes (the "Property").
Reservations from and Exceptions to Quit Claim:
All utility and drainage easements whether apparent or non -apparent, aerial,
surface or underground, including, but not limited to those shown on proposed
Preliminary flat of Pine Street Subdivision attached hereto as Exhibit "C
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
Quitclaim Deed —Right of Way in proposed Pine Street Subdivision EMP31T
Page I of 3
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 day of
ATTEST:
Jessica E. Brettle, City Secretary
STATE OF TEXAS
COUNTY OF WILLIAMSON §
20
GRANTOR
CITY OF GEORGETOWN, Texas home -rule
municipal corporation
By:
George G. Garver, Mayor
This instrument was acknowledged before me on this the _ day of
, 20 , by George G. Garver, Mayor of the City of Georgetown, a
Texas home -rule municipal corporation.
Notary Public, State of Texas
APPROVED AS TO FORM:
Bridget Chapman, Acting 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— Right of Way in proposed Pine Street Subdivision
Page 2 of 3
[EXHIBITS "Afft "B" and "C" to the foregoing Form of Quitclaim Deed are the same as
those attached to the foregoing ordinance and such exhibits will be attached to the final
Quitclaim Deed prior to its execution.]
Quitclaim Deed - Right of Way in proposed Pine Street Subdivision
Page 3 of 3