HomeMy WebLinkAboutORD 2006-111 - Quitclaim Deed CR 265Wg _� Illlllllilllllllllllllllllllllllllllllllilllllll "`' "'III ORD 2007049526
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ORDINANCE NO. "I11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN PROVIDING FOR THE ABANDONMENT BY
QUITCLAIM DEED OF A PORTION OF CR 265W (WOLF
RANCH PARKWAY); PROVIDING FOR THE TERMS AND
CONDITIONS OF SUCH ABANDONMENT, PROVIDING A
CONFLICT AND SEVERABILITY CLAUSE AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, as part of the State Highway 29 West Widening Project, on
December 14, 2004, the City Council of the City of Georgetown ( "City ")
authorized the prospective sale of a portion of CR 265W (Wolf Ranch Parkway)
right -of -way to NSJS, L.P. and Bill and P.D. Chapman ( "NSJS(Chapman "), the
owners of the adjacent property to the west of the subject right -of -way, said tract
being described by metes and bounds and accompanying sketch attached as
Exhibit "A" to the proposed form of quitclaim deed attached hereto as Exhibit
"A" (the "Property "), and the City subsequently tendered an offer in accordance
with Council's December 14, 2004 authorization; and
WHEREAS, on July 31, 2006, NSJS /Chapman submitted a counter-
proposal to the City, which was accepted by the City Council on August 8, 2006,
for the sale and abandonment of the Property by quitclaim deed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN TEXAS.
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
Ordinance No. 02470(0"///
Abandonment of 0.228 acre of CR 265W (Wolf Ranch Parkway) surplus right -of -way
Page i of 3
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 passage of this ordinance 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.
SECTION 2. That the following described portion of CR 265W, as
described in the proposed form of quitclaim deed attached hereto as Exhibit "A"
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, SAVE AND EXCEPT, the public utility easement described
therein, which shall be reserved by the City.
SECTION 3. That the Property is not needed for public purposes and it is
in the best interest of the citizens of Georgetown to abandon said Property.
SECTION 4. That the abandonment provided for herein shall extend only
to the public right, title and interest in and to the tract 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. The City Attorney is hereby authorized to issue and the
Mayor authorized to execute a quitclaim deed in the form attached hereto as
Exhibits "A" and the City Secretary is authorized to attest thereto on behalf of
the City of Georgetown.
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 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.
Ordinance No. 040 ° ///
Abandonment of 0.228 acre of CR 265W (Wolf Ranch Parkway) surplus right -of -way
Page 2 of 3
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 241h day of October,
11.
PASSED AND APPROVED on Second Reading on the 141h day of
November, 2006.
ATTEST: THE CITY OF GEORGETOWN
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
�► i
Ordinance No. 00& °111
Abandonment of 0.228 acre of CR 265W (Wolf Ranch Parkway) surplus right -of -way
Page 3 of 3
1wxon���1i7iT�
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: 2006
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: NSJS, L.P., a Texas limited partnership, and Bill and P.D. Chapman
GRANTEE'S Mailing Address (including County): c/o Bill Chapman, Chapman Investments, P.O. Box
1333, Georgetown, Texas 78627
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration
PROPERTY:
Being a 0.228 -acre tract of land situated in the JOSEPH P. PULSIFER SURVEY,
Abstract No. 498, in Williamson County, Texas, being a portion of the surplus existing
right -of -way of County Road 265 West (CR 265W); said 0.228 -acre tract being more
particularly described by metes and bounds in Exhibit "A" attached hereto (the
"Property ").
For the consideration, GRANTOR has released and quitclaimed, and by these presents does release and
quitclaim unto GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to
have and to hold it unto GRANTEE, GRANTEE'S heirs 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 SAVE AND EXCEPT for the easement for public utility purposes herein reserved.
There is hereby excepted and reserved unto Grantor, its successors and assigns, an EXCLUSIVE
easement and right of way (the "Easement "), over, under and across the following described real property, all or
part of which is contained within the above - described Property, to wit:
Public Utility Easement
Being a 0.077 acre tract (3,351 square feet) of land situated in the JOSEPH P. PULSIFER
SURVEY, Abstract No. 498, in Williamson County, Texas, being a portion of that called
5.252 -acre tract of land recorded in Document No. 2005080398 of the Official Records
of Williamson County, Texas, being a metes and bounds description of County Road 265
and the previous alignment of County Road 265 West; said 0.077 acre (3,351 square feet)
tract being more particularly described by metes and bounds in Exhibit "B" attached
hereto (the "Easement Area ").
Quitclaim Deed abandoning a portion of CR 265W (Wolf Ranch Parkway) right -of -way
Page 1 of 2
The Easement shall be for the purposes of constructing, laying, maintaining, operating, repairing
and replacing water, wastewater, storm water or drainage, electric, telephone, gas and/or cable television
lines and related facilities and equipment, together with the right of ingress and egress upon and across the
Property for the purposes of maintaining, operating, repairing and replacing said lines and related
equipment and facilities.
The Easement, and the rights and privileges granted herein, are EXCLUSIVE to Grantor, and
Grantor's successors and assigns, and Grantee covenants that Grantee shall not convey any other
conflicting easement or license to the area (or any portion of the area) covered by this grant.
A �7
EXECUTED this the day of € , 2006.
GRANTOR
CITY OF GEORGETOWN
By:
STATE OF TEXAS }
COUNTY OF WILLIAMSON )
ATTEST:
r �
il
D. Lee, City Secretary
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ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally Gary Nelon, 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 iay of AV� ', 2006.
SANDRA D. LEE
MY COMMISSION EXPIRES
,January 3, 2010
APPROVED AS TO FORM:
r
Patricia E. Carls, Brown & Carls, LLP
City Attorney
AFTER RECORDING, RETURN TO:
NSJS, L.P. and Bill and P.D. Chapman
c/o Bill Chapman
Chapman Investments
P.O. Box 1333
Georgetown, TX 78627
Public, State of Texas
Quitclaim Deed abandoning a portion of CR 265W (Wolf Ranch Parkway) right -of -way
Page 2 of 2
Page 1 of 3
County: Williamson
Parcel No.: 21
Highway: County Road No
ME"
265 West
DESCRIPTION FOR PARCEL 21
DESCRIPTION OF A 0.228 ACRE (9,927 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT CALLED 5.252 ACRE TRACT OF LAND RECORDED
IN DOCUMENT NO, 2005080398 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, BEING THE METES AND BOUNDS DESCRIPTION OF COUNTY ROAD
265 AND THE PREVIOUS ALIGNMENT OF COUNTY ROAD 265 WEST, AND A PORTION OF
THAT CALLED 0.892 ACRE TRACT OF LAND (TRACT II) RECORDED IN DOCUMENT NO.
2004059727 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
BEING A METES AND BOUNDS DESCRIPTION OF A PORTION OF THE EXISTING
COUNTY ROAD 265 WEST, SAID 0.228 ACRE (9,927 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING.at a capped 1/2" iron rod found in the southerly right -of -way line of County Road
265 (C.R.265) being the northeasterly corner of Lot 1, Bonnett Subdivision, recorded in Cabinet
Q, Slides 119 -120 of the Plat Records of Williamson County, Texas, same being the southerly
boundary line of said 5.252 acre tract, for the northwesterly corner and. POINT OF BEGINNING
hereof;
1) THENCE, with the southerly right -of -way line of said C.R. 265, N 87 032135" E for a distance
of 51.11 feet to a capped 1/2" iron rod set, stamped "C.O.G. ", in said southerly right- of-way
line of C.R.265, same being the southerly boundary line of said 5.252 acre tract, also being
the northwesterly corner of Connell Cemetery, for the northeasterly corner hereof;
2) THENCE, departing said southerly right -of -way line of C.R. 265 with the easterly right -of -way
line of said County Road 265 West (C.R.265W), same being the southerly boundary line of
said 5.252 acre tract, also being the westerly boundary line of said Connell Cemetery
S 20 °39'20" E, for a distance of 74.38 feet to a 1/2" iron rod found being the southwesterly
corner of said Connell Cemetery, also being the westerly line of said 0.892 acre tract, for an
interior ell corner hereof;
3) THENCE, departing said easterly right- of-way line, with the westerly boundary line of said
0.892 acre tract, same being the southerly boundary line of said Connell Cemetery,
N 75 °18'30 "E for a distance of 25.96 feet, to a capped 1/2" iron rod set, stamped "C.O.G. ", at
the beginning of a non - tangent curve to the left, from which a 1/2" iron rod found being the
County: Williamson Page 2 of 3
Parcel No.: 21
Highway: County Road No. 265 West
southeasterly corner of Connell Cemetery, bears N 75 018'30 "E a distance of 1.92 feet;
4) THENCE, departing the southerly boundary line of said Connell Cemetery, in part through the
interior of said 0.892 acre tract, and in part through the interior of said 5.252 acre tract with
said curve, having a radius of 422.69 feet, an arc length of 127.15 feet, a delta angle of
17 014'09 ", and a chord which bears S00 016'33 "E, for a distance of 126.68 feet, to a capped
1/2" iron rod set, stamped "C.O.G." for the southeasterly corner hereof;
5) THENCE, continuing through the interior of said 5.252 acre tract S 69 016'14" W for a
distance of 29.82 feet to a capped 1/2" iron rod set, stamped "C.O.G. ", being the
northeasterly corner of Lot 2 of said Bonnett Subdivision, same being the easterly southeast
corner of said Lot 1, also being the westerly right -of -way line of said C.R.265W, also being in
the southerly boundary line of said 5.252 acre tract for the southwesterly corner hereof, from
which a point in the northerly right -of -way line of State Highway 29, being the northwesterly
point of cut back thereof, bears S 20 °46'31" E for a distance of 259.85 feet, and S 02 °20'59"
E for a distance of 108.16 feet;
6) THENCE, with said westerly right -of -way line, same being the easterly boundary line of said
Lot 1, also being the southerly boundary line of said 5.252 acre tract, N 20 °46'31" W for a
distance of 211.82 feet to the POINT OF BEGINNING containing 0.228 acres (9,927 square
feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings are based on grid bearings. Distances are surface distances. Coordinates are
surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone,
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Travis Horn, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property
described herein was determined by a survey made on the ground under my direction and
supervision.
WITNESS _MY HAND AND SEAL at Round Rock,
%0
Travis Horn
Registered Professional Land Surveyor No. 5705
Inland Geodetics, LP
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Williamson County, Texas.
21.20 ,6;
Date
O
LEGEND -- ------- - - - - --
1/2 " IRON ROD FOUND P.O.B'
TYPE II MONUMENT PARCEL 21 2
LI
(ROW VARIES)
CALCULATED POINT CITY OF
1/2" CAPPED IRON ROD GEORGETOWN N
SET - CAPPED "C.O.G." 5.252 ACRES
1/2" CAPPED IRON ROD.DOC. #2005080398
FOUND O.P.R.W.C.T.
rL PROPERTY LINE
( } RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W RIGHT -OF -WAY
C.O.G. CITY OF GEORGETOWN
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS 21 0.228
WILLIAMSON COUNTY TEXAS ACRE
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
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BONNETT SUBDIVISION
CAB. Q. SLD. 119 -120 ( ���
P.R.W.C.T.
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES
ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE
SYSTEM, NAD 83, CENTRAL ZONE.
THIS SURVEY WAS PERFORMED FOR RIGHT —OF —WAY
PURPOSES. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT
SHOWN HEREON.
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STATE HIGHWAY NO. 29 (ROW VARIES)
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RADIUS
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422.69'
127.15'
17 014'09"
1 S 00 °16'33" E
112 6.68'
ARE NOT,,._..._
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE A4Q BELIEF.
TRAVIS HORN DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705
INLANC>
GEODETICS ip
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238 -1200, FAX (512) 238 -1251
FILE: COG- CR265W- REVERSION- P21- REV.DWG
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PARCEL
RIGHT OF WAY
21
SKETCH
COUNTY ROAD NO. 265 W
WILLIAMSON COUNTY, T! "XAS
PAGE 3 OF 3
DISTANCE
_
N 87 °32'35" E
51.11'
rDIRECTION
S 20 °39'20" E
74.38'
N 75018'30" E
25.96'
S 69 016'14" W
29.82'
21
SKETCH
COUNTY ROAD NO. 265 W
WILLIAMSON COUNTY, T! "XAS
PAGE 3 OF 3
Page 1 of 3
County: Williamson
Parcel No.: 21 E
Highway: County Road No. 265 West
DESCRIPTION FOR PARCEL 21 E
DESCRIPTION OF A 0.077 ACRE TRACT (3,351 SQUARE FOOT) OF LAND SITUATED IN
THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO, 498, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT CALLED 5.252 ACRE TRACT OF LAND RECORDED
IN DOCUMENT NO. 2005080398 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, BEING A METES AND BOUNDS DESCRIPTION OF COUNTY ROAD 265
AND THE PREVIOUS ALIGNMENT OF COUNTY ROAD 265 WEST, SAID 0.077 ACRE (3,351
SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a capped 1/2" iron rod set, stamped "C.O.G. ", in the southerly right -of -way line
of said County Road 265 (C.R. 265), same being the southerly boundary line of said 5.252 acre
tract, also being the northwesterly corner of Connell Cemetery, for the northeasterly corner and
POINT OF BEGINNING hereof;
1) THENCE, departing said southerly right -of -way line of C.R. 265 with the easterly right -of -way
line of said County Road 265 West (C.R. 265W), same being the southerly boundary line of
said 5.252 acre tract, also being the westerly boundary line of said Connell Cemetery,
S 20 °39'20" E, passing at 74.38 feet a 112" iron rod found being the southwesterly corner of
said Connell Cemetery, for a total distance of 132.90 feet to a calculated point on said
easterly right -of -way line of C.R. 265W, same being on the westerly right -of -way line of the
existing County Road 265 West, for the beginning of a non- tangent curve to the left;
THENCE, through said right -of -way of C.R. 265W, same being said 5.252 acre tract, the
following three (3) courses:
2) With said curve, having a radius of 422.69 feet, an arc length of 65.60 feet, a delta angle of
8 053'30 ", and a chord which bears S 04 °26'52" E for a distance of 65.53 feet, to a 1/2" iron
rod set, stamped "C.O.G. ", for the southeasterly corner hereof;
3) S 69 01614" W for a distance of 1.71 feet to a calculated point for the southwesterly corner
hereof;
4) N 20 039120" W
for a
distance of 202.40 feet to a
calculated point on said southerly right -of-
way line of C.R.
265,
for the northwesterly corner
hereof;
County: Williamson
Parcel No.: 21 E
Highway: County Road No, 265 West
Page 2 of 3
5) THENCE, with said southerly right -of -way line, N 87 03235" E for a distance of 21.05 feet to
the POINT OF BEGINNING containing 0.077 acre (3,351 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings are based
on grid bearings. Distances are
surface distances.
Coordinates are
surface values based on
the Texas State Plane Coordinate
System, NAD 83,
Central Zone,
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Travis Horn, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property
described herein was determined by a survey made on the ground under my direction and
supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Travis Horn
Registered Professional Land Surveyor No. 5705
Inland Geodetics, L.P.
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
COG- CR265W- REVERSION -P21 E- REVISED.doc
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IL PROPERTY LINE O.P.R.W.C.T.� \\
( } RECORD INFORMATION^
P.O.B. POINT OF BEGINNING r
R.O.W RIGHT -OF -WAY \'
C.O.G. CITY OF GEORGETOWN
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NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES
ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE
SYSTEM, NAD 83, CENTRAL ZONE.
THIS SURVEY WAS PERFORMED FOR RIGHT -OF -WAY
PURPOSES. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT
SHOWN HEREON.
I HEREBY. CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO
THE BEST OF MY KNOWL-EDGE..„ D BELIEF.
TRAVIS HORN DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5705
INLANC:)
GEODETICS P
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD, STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238 -1200, FAX (512) 238 -1251
FILE: COG- CR265W -REV
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GEORGETOWN �\
0.892 ACRES \\
DOC. #2004059727 `\
iO.P.R.W.C.T. \�- - --
-•LY
STATE HIGHWAY NO, 29 (ROW VARIES)
INO.1
RADIUS
ILENGTH
I DELTA
I CH. BEARING
I CHORD
CI
1422,6911
65.60'
18053'30"
IS 04 026152" El
65.53'
OF
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TRAVIS!
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5713:
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NO
DIRECTION
DISTANCE
Lt
S 20 039'20" E
132.90'
L2
S 69 016'14" W
1.71'
L3
N 87 032'35" E
21.05'
r .
PAGE 3 OF 3
PARCEL 21E
PERMANENT EASEMENT
COUNTY ROA) NO. 265 W
WILLIAMSON C )UNTY, TEXAS