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HomeMy WebLinkAboutORD 2004-02 - Abandonment 1st St ROWAN ORDINANCE OF • OF OF GEORGETOWN PROVIDING FOR THE ABANDONMENT OF A PORTION OF -RIGHTwOFmWAY BETWEEN AUSTIN AVENUE AND ROCK STREET;PROVIDING i' THE TERMS AND `CONDITIONS OF SUCH ABANDONMENTI CALLING A PUBLIC HEARING; PROVIDING #' AND SEVERABILITYCLAUSEANDESTABLISHING DATE. WHEREAS, the City of Georgetown has received an Application from Gavurnik Group, Inc. ("Applicant") for the Abandonment of the street, alley, and/or public right-of-way described as 0.202 acres (8,788 square feet) out of the Nicholas Porter Survey, Abstract No. 497, in the City of Georgetown, County of Williamson, being a portion of 1St Street as shown on map or plat thereof recorded in Volume 5, Page 211, Deed Records, Williamson County, Texas; said 0.202 acres being more particularly described by metes and bounds and sketch attached hereto as Exhibits `A" and `B" (the "Property") , respectively; and WHEREAS, notice of the time and place, where and when this Ordinance would be given 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, said publication being on the 19th day of November, 2003, the same being more than seventy-two (72) hours prior to the time designated for said hearing; and WHEREAS, upon considering the Application and additional information pertaining to the Application, the City Council now finds that (a) there are no existing 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 or placed into easements and 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; and WHEREAS, the fair market value of the Property is $15,400.00 (see Exhibit "C" - value of entire right-of-way tract $20,000.00; value of part to be abandoned $15,400.00). Applicant may pay this amount in cash or in lieu of cash payment for the fair market value of the Property, Applicant may construct certain public park improvements adjacent to the Property and in Blue Hole Park, provided that such improvements are not otherwise required by the Unified Development Code or other City development regulation related to any future development of Lots 1 and 8, Block 3, in the City of Georgetown according to map or plat thereof in Volume 5, Page 211, of the Williamson County Deed Records as described in this Ordinance (the "Public Improvements") and the I" Street Abandonment Ordinance No. "2,004-0;L Page 1 of 4 City has agreed to accept the Public Improvements as an in-kind payment of $15,400.00. BE IT ORDAINED BY THE CITY COUNCILOF OF •- •N 411 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 b y Section 2.03 of the Administrative Chapter of the Policy Plan, SECTION 2. That the following described portion of a street, alley, and/or public right-of-way, as 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 and title of the public is concerned. SECTION 3. That said portion of a street, alley, and/or public right-of-way is not needed for public purposes and it is in t he p ublic i nterest of t he C ity o f Georgetown to abandon said described portion the street, alley, and/or a public right-of-way. SECTION 4. That the abandonment provided for herein shall extend only to the public right and title 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, The City Attorney is hereby authorized to issue and the Mayor authorized to execute a Deed in the form attached hereto as Exhibit "D" and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown, and to execute any other documentation necessary to affect the transaction. 1" Street Abandonment Ordinance No. - Page 2 of 4 SECTION 6. Prior to the Property and recordation thereof County, Applicant shall: City's execution of the deed abandoning the in the real property records of Williamson 1. Pay to the City the sum of $15,400 cash; or 2. Provide fiscal surety acceptable to the City in the amount of $15,400 for construction of the Public Improvements; or 3. Complete the construction of the Public Improvements in accordance with all applicable City regulations. SECTION 7. Pursuant to Section 4.02.040.A, of the City of Georgetown Unified Development Code, the Property shall have the same zoning as the adjacent lots (being Lots 1 and 8, Block 3, in the City of Georgetown according to map or plat thereof in Volume 5, Page 211, of the Williamson County Deed Records). In addition, upon execution and recordation of the Deed, the Property will be deemed to be a part of the adjacent lots (being Lots 1 and 8, Block 3, in the City of Georgetown according to map or plat thereof in Volume 5, Page 2111 of the Williamson County Deed Records). 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 o r circumstance, shall b e held invalid, s uch invalidity shall n of 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. 1" Street Abandonment Ordinance No. e2OO4 " OZ Page 3 of 4 PASSED AND APPROVED on First Reading on the 16th day of December, 2003, PASSED AND APPROVED on Second Reading on the 13th day of January, 2004. ATTEST: ILA/ Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney I" Street Abandonment Ordinance No. 400yy 4z Page 4 of 4 THE CITY OF GEORGETOWN: By: eg Ga y Nelon, Mayor Office: 512-443-1724 Professional Land Surveying, Inc. Fax: 512-441-6987 Surveying and Mapping 2807 Manchaca Road Building One Austin, Texas 78704 0.202 ACRES 1st STREET (Right of Way) GEORGETOWN, TEXAS A DESCRIPTION OF 0.202 ACRES (8,788 S.F.) OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO, 4977 IN THE CITY OF GEORGETOWN, COUNTY OF WILLIAMSON, BEING A PORTION OF 1st STREET AS SHOWN ON MAP OR PLAT THEREOF RECORDED 1N VOLUME 5, PAGE 211, DEED RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.202 ACRES BEING MORE PARTICULLARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (TxDOT) Type I highway monument found for the southwest corner of a 0.679 acre tract recorded in Volume 277, Page 572, in the Deed Records of Williamson County, Texas, being also the intersection of the west line of Austin Avenue (right-of-way width varies) with the south line of 1st Street, (60' right-of-way width) and in the north line of Block 3, City of Georgetown as recorded in Document No. 2002103714, of the Official Public Records of Williamson County, Texas, from which a 1/2 it rebar with cap set bears North 88°15'06" East, a distance of 35.00 feet; THENCE South 88°37'49" West, along the north line of Block 3, and the south line of 1st Street, a distance of 167.34 feet to a calculated point in the north line of Block 3, being also in the south line of 1 st Street (60' right-of-way width) for the beginning of a non -tangent curve to the left, from which a 1/2" rebar with cap set bears South 88037'49" West, a distance of 23.82 feet; THENCE leaving the north line of Block 3, over and across 1 st Street, 69.43 feet along the arc of the curve to the left, having a radius of 55,00 feet, and through a central angle of 72°19'41 ", the chord of which bears North 21003'38" East, a distance of 64.91 feet to a calculated point in the north line of 1st Street, from which a calculated point for the intersection of the east line of Rock Street with the north line of 1st Street bears South 88°37'49" West, a distance of 49.34 feet; THENCE North 88°37'49" East, with the north line of 1st Street, a distance of 141.22 feet to a calculated point for the intersection of the north line of 1 st Street with the west line of Austin Avenue, being also in the west line of the 0.679 acre tract; THENCE South 02039'21" East, along the west line of the 0.679 acre tract, being also the west line of Austin Avenue, and the east line of 1 st Street, a distance of 60.02 feet to the POINT OF BEGINNING, containing an area of 0.202 acres of land, more or less. im Surveyed on the ground, February, 2003. Bearing Basis: Grid azimuth for Texas central zone, 1983/93 HARN values from LGRA control network. Attachments: Survey Drawing 339-00„4-RW1.dwg f) David Klotz Registered Professional Land Surveyor State of Texas No. 5428 {1Qp E DAVID KLOT •Ni...N..N..N..N 5428 a: 1i(�^')00fiE S S tO.& :ft \'t S U me CD D m m G7 co OZ Z7z S �O�N Z� p�U) :E L4 ' A cn z r CO m () N O — — O rrl U D z 0 �rTl D Orn D i4 0 ..i cn N w ;a 00 o C O— n Z Z L4 —n o ADX o � Z •- -A, "ID 0 D O X ;a w C4 >�\� m C. -i N Gfl 1rn_' o z ��> rr*i C Ln 00 C :. :. Lo < ww\m C m - cn � n 50 ; I I \ O 000 O D N oow\ z rn o o _ � i co 07 z r CD O rn r € L4 0 I 0 O i 0-n4� ROCK STREET \ (60' RIGHT-OF-WAY WIDTH)_ APPROXIMATE CENTERLINE O C 10 \ / -u I p NO2_05�42"W — o 60 00'\ i o S02705142"E 540.00 ago - I� o n Z - o w C4 >�\� N � -i N Gfl 1rn_' -P D rr*i C Ln D C _ O rrn > O C m - cn � n 50 ; Z C � O D < N z rn o o _ � r > 07 z r CD > rn r € w � O -0)A S �p O Lt) . p z N CD m o > w z o 0 m C! 00 n OrL4 �cnS Z Orn�O {p N) v 0 o V) r. U, Z v 00 O �T� \p—i w -i. - Y) cm) 4Z p 0 n >J v rOTt (D�z�CO —irmnD "1 v p -< 0 J 0 -i -i U) m XOS z v -n Co P P rn J co , r ,e S02 39 21 E 2' M __ ---------m 0 �' cO 0 C;l a n �mX Q I U) _ AUSTIAVENUE. --- --- — (RIGHT-OF-WAY WIDTH VARIES) APPROXIMATE CENTERLINE EXHIBIT o m 60.0 w C4 >�\� v^, -i N N OVOI pD M __ ---------m 0 �' cO 0 C;l a n �mX Q I U) _ AUSTIAVENUE. --- --- — (RIGHT-OF-WAY WIDTH VARIES) APPROXIMATE CENTERLINE EXHIBIT o 0 >�\� N N rr*i C _ rrn > m m = m m � 50 ; Z o o z Z r z n 0 r € D O Lt) CD Ul Z �n rnr4� A N rri 0 W :rv�©�o Z��n <ZEn0 O0Co C2+C'D m0�(� ti / W >Z�rn fri 0tn J co Z —i ^ 0O rrn n =46 0 v rrl ;7 q M Q rrl y z iia 007�3: Z _tC/)p�n C? ;a gz4N >Z000 Zmu0� ;o Ln C)C�"+i C�Ov "ID ommiZ C X � Z IIIIn O ©: m O Larry D. Kokel, ARA, MAI David W. Oberrender, MAI Wendell C. Wood, MAI Sam Williams Michael D. Mays Chad D. Simpson KOKEL C ZRRENDER-WOOD APPRAISAL; T D. Real Estate Appraisers & Consultants Belford Square - Building B Georgetown (512) 863-6428 706 Rock Street Austin (512) 930-3499 Georgetown, Texas 78626 Belton/Temple (254) 939-1508 September 5, 2003 Mr. John Gavurnik Gavurnik Group, Inc. 2004 Williams Drive Georgetown, Texas 78628 Mr. Gary Nelon, Mayor City of Georgetown P.O. Box 409 Georgetown, Texas 78627 208 E. Central, Suite 108 P.O. Box 687 Belton. Texas 76513 FAX (512) 930-5348 e-mail: kokel@gtwn.net Re: Complete Appraisal prepared as a Summary Report of 0.263 acre out of the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas. The property is located along the east side of Rock Street approximately 240 feet north of West 2`d Street, south of the South San Gabriel River in the City of Georgetown in Williamson County, Texas. (KOW# 03-065) Dear Mr. Gavurnik: As requested, we have conducted an appraisal of the above referenced property. Larry D. Kokes. ARA, MAI and Wendell C. Wood, MAI inspected the property on September4, 2003, which is the effective date of the appraisal. We have gathered and reviewed the available market data considered pertinent to the estimation of value of the property appraised. The purpose of this appraisal is to develop an opinion of the market value of the fee simple interest of the above referenced property. Market value is defined on Page 2 of this report. Based on our analysis of the data contained in the report and on the assumption that the subject property is free of environmental contamination, it is the opinion of these appraisers that the market value of the subject property, as, of September 4, 2003, is: TWENTY THOUSAND DOLLARS ($20,000) Respectfully submitted, Kokel-Oberrender-Wood Appraisal, Ltd. By Kokel-Oberrender-Wood praisal Management, L.C. Larry D. Koke , ARA, MAI State Certified TX -1321079-G OAD. X004.0)'.. Wendell C. Wood, MAI State Certified TX -1323296-G EXHIBIT "D" DATE: January 13, 2004 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: Gavurnik Group, Inc., a Texas corporation GRANTEE'S Mailing Address (including County):2004 Williams Drive, Georgetown, Williamson County, Texas 78628 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration described i n Ordinance N o. _ a dopted b y t he C ity Council of the City of Georgetown on January 13, 2004, Being 0.202 acres (8,788 S.F.) out of the Nicholas Porter Survey, Abstract No. 497, in the City of Georgetown, County of Williamson, being a portion of ls' Street as shown on map or plat thereof recorded in Volume 5, Page 211, Deed Records, Williamson County, Texas; said 0.202 acres being In ore p articularly d escribed b y in etes and b ounds o n Exhibit "A " and by sketch on Exhibit "B " attached hereto. RESERVATION OF PUBLIC UTILITY EASEMENT: Grantor hereby reserves unto itself, its successors and assigns, for the use and benefit of the public, a 15 -foot -wide public utility easement along the northern boundary of the Property, as shown on Exhibit "c". Grantor, for the Consideration and subject to the Reservation of a Public Utility Easement, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. . aD0 - 0)i Exh, be ¢ it b %I I" Street Abandonment Deed — City of Georgetown to Gavurnik Page 1 of 2 This conveyance is intended to include any property interests obtained by after- acquired title. EXECUTED this the GRANTOR CITY OF GEORGETOWN Gary Nelon, Mayor APPROVED AS TO FORM: day of January, 2004. Patricia E. Carls, Brown & Carls, LLP City Attorney ATTEST: Sandra D. Lee, City Secretary STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the C ity o f G eorgetown, a T exas h ome-rule m unicipal corporation, k nown t o m e t o b e t he 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. 2004, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, State of Texas DAD* x004- OZ , Exhibi - ``U`° I" Street Abandonment Deed — City of Georgetown to Gavurnik Page 2 of 2