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HomeMy WebLinkAboutORD 2013-09 - CR 204 Abandon City to LawhonAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN ABANDONING A PORTION OF COUNTY ROAD 104; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT; PROVIDING THAT A PUBLIC HEARING HAS BEEN HELD; PROVIDING A CONFLICT AND SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, as part of the Southeast Arterial One Road Project, now known as Sam Houston Blvd. (the "Project"), the City agreed to abandon a portion of County Road 104 (the "CR 104 ROW") to the adjacent landowner as it would no longer serve a public purpose after completion of the Project; and WHEREAS, the Project has been completed to the extent that the CR 104 ROW, described as follows, may now be abandoned: BEING 2.474 acres of land situated in the Woodruff Stubblefield Survey, Abstract No. 556, Williamson County, Texas, of County Road 104 street right of way, annexed into the corporate limits of the City of Georgetown, Texas, on December 29, 2006; said 2.747 acres of County Road 104 right of way consisting of a 2.067 -acre parcel and a 0.407 -acre parcel being more fully described by metes and bounds and sketch in Exhibits "A" and "B" attached hereto and incorporated herein (the "Property"). WHEREAS, the current landowner, the Emma L. Lawhon Family Land Partnership, owns all the land abutting both sides of the CR 104 ROW; and WHEREAS, the City Council called a public hearing on the proposed abandonment of the CR 104 ROW in conjunction with its regular meeting in the City Council Chambers at 101 E. 7th Street (northeast corner of 7t1, & Main Streets) in Georgetown, Texas, on the 26th day of February, 2013 at 6:00 p.m., said notice having been published one (1) time, on the 201h day of February, 2013, in the Williamson County Sun, a newspaper of general circulation in the City, and the public hearing was held on the day stated in said notice; and Ordinance No. C?o 1 .01 CR 104 ROW Abandonment (City to Lawhon) Date approved: _12 Page 1 of 4 WHEREAS, the City Council now finds that (a) it has no existing City utilities located within the property to be abandoned; OR (b) any 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 and/or protected from quitclaim of the subject street, alley or public right-of-way. 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 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 County Road 104 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. SECTION 3. That said portion of County Road street right-of-way is not needed for public street right of way purposes and it is in the public interest of Ordinance No. q i CR 104 ROW Abandonment (City to Lawhon) Date approved: i Page 2 of 4 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 for public road purposes 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 any and all existing drainage and utility easements, whether apparent or non -apparent, aerial, surface or underground whether of record of not. SECTION 6. 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 7. 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 8. 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 9. 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. (901S"001 CR 104 ROW Abandonment (City to Lawhon) Date approved: ML��_;_ Page 3 of 4 PASSED AND APPROVED on First Reading on the 261h day of February, 2013. PASSED AND APPROVED on Second Reading on the 1211, day of March, 2013. ATTEST: APPROVED AS TO FORM: Ordinance No. '301*; fO CR 104 ROW Abandonment (Citto L whon Date approved: C I , Page 4 of 4 ,y THE CITY OF GEORGETOWN Im G. Garver, Mayor PARCEL 5 EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 2.067 ACRE (90,026 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WOODRUFF STUBBLEFIELD SURVEY ABSTRACT NO, 556, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LAND LOCATED WITHIN THE EXISTING OSTENSIBLE RIGHT-OF-WAY OF CR 104 (NO RECORDATION FOUND) SAID 2.067 ACRE (90,026 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a 5/8" iron rod found with cap marked "ALL -COUNTY", being in the proposed southerly right-of- way line of Southeast Arterial (right-of-way width varies), being in the existing ostensible southerly right-of-way line of said CR 104, same being in the northerly boundary line of the westerly portion of that 228.9 acre tract of land conveyed to Emma L. Lawhon Family Land Partnership by instrument recorded in Document No. 2006095405 of the Official Public Records of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE, with the existing southeasterly ostensible right-of-way line of said CR 104, same being the northwesterly boundary line of the easterly portion of said 228.9 acre tract the following ten (10) courses: 1) S 68037138" W for a distance of 636.42 feet to a 5/8" iron rod found with cap; 2) S 68°02'05 W for a distance of 23.26 feet to a calculated point; 3) S 50°46'44 W for a distance of 59.09 feet to a calculated point; 4) S 27°11'11" W for a distance of 190.09 feet to a calculated point, being in the northerly boundary line of that 1 acre tract of land conveyed to Charles W. Ashby and Paula L. Ashby by instrument recorded in Document No. 2008019011 of the Official Public Records of Williamson County, Texas, of which 2,089 square feet of land being located within the existing right-of-way of CR 104; 5) S 28056114" W for a distance of 100.00 feet across said Ashby 1 acre tract to a 5/8" iron rod found with cap, being in the southerly boundary line of said 1 acre tract; 6) S 27047'24" W for a distance of 168.92 feet to a calculated point, being the most northerly corner of that 10.04 acre tract of land conveyed to Emma L. Lawhon by instrument recorded in Document No. 2006095406 of the Official Public Records of Williamson County, Texas; 7) S 27145'49 W for a distance of 214.05 feet to a calculated point; 8) S 27053'28 W for a distance of 329.25 feet to a 5/8" iron rod found with cap; 9) S 27055'03 W for a distance of 83.67 feet to a calculated point, being in the proposed northerly right-of- way line of Southeast Arterial (right-of-way width varies), for the southeast corner of the herein described tract; 10) along the proposed northerly right -of --way line of Southeast Arterial, S 74°40'09" W for a distance of 4.75 feet to 5/8" iron rod found with cap marked "ALL -COUNTY"; PARCEL 5 Page 2 of 3 11) THENCE, departing said existing easterly right of way line of CR 104, across said CR 104 right-of-way, S 74052'44" W for a distance of 63.25 feet to a 5/8" iron rod found with cap marked "ALL -COUNTY", being in the existing ostensible westerly right-of-way line of said CR 104; being in the proposed northerly right-of-way line of Southeast Arterial (right-of-way width varies), same being in the easterly boundary line of the westerly portion of said 228.9 acre tract, for the southwest corner of the herein described tract; THENCE, with said common right-of-way line of CR 104, and said westerly portion of 228.9 acre tract the following three (3) courses: 12) N 28009035" E at a distance of 624.22 feet pass the southeast corner of that 5.74 acre tract of land connveyed to Emma L. Lawhon by instrument recorded in Document No. 2006095406 of the Official Public Records of Williamson County, Texas, (property line location unverified) at a distance of 1124.22 feet pass the northeast corner of said 5.74 acre tract (property line location unverified) continuing for a total distance of 1155.16 feet to a calculated; 13) N 47°4944 E for a distance of 43.33 feet to a calculated point; 14) N 67°45'27 E for a distance of 738.40 feet to a 5/8" iron rod found with cap marked "ALL -COUNTY", being in the proposed northerly right-of-way line of Southeast Arterial (right-of-way width varies), for the most northerly corner of the herein described tract; 15) THENCE, departing said existing northwesterly right-of-way line of CR 104 and across said CR 104 right-of-way, S 21°40'56" W for a distance of 76.29 feet to the POINT OF BEGINNING, containing 2.067 acres (90,026 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, 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. M. Stephen Truesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 (D } J Q �� =O ON Z ga 0 d' J 0 r a N r m J m N < d N O ¢ = N v Z w=om flozzw~ x r O o 3 F-3o:Foq 0„ -'aoNa Jmazo z CimJwo (f) m W 0 V) W F © 3 W cr Q 01M 0 vi t�v fl � C� z Q) fl Q1OI No Q J CL K } J N a N Z ga 0 v J z I W{ -^m m m U m W z W Og O -. ^o iz°00a z MY W O Q q-�NN Jd�N 0_ f sem° W J z N O 00 z` 0 03 2J,w U o Q J M N N Ja w w N to Q J 0 o-� 0 z a NN '>. }} O otei _ a m Ir / _= m W W Li mr ' (n (D0 3J<N� O 0 m W ou O WD-ZO1 to ww Jq �n m A Z O N 0 = O V 0 m V q N 6/ 0too W W N Q F Q O ! 3 0 w Z O W w S �V z to w O coo =Doz O mStr co o O wE r. r VN a Deo QO Nm m Z O o N = mF QUNU JQO+y Q viO4 zo i W 0 O O N m N 4 Z O W N O H X U}z W Z� z u a ? 3 p 0. w W- W m V W Q wh O z O O I.LI WKzwJa0Z VJ m I.LI JOQO�Uam w J O!g U O W LL J O a W U z W d W u W I- J 0=i 0 0; W Q ¢ \ t 0 O UN3z 0. F ,. 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U U�- Ow SE 9Z'£9 M rlb�rZ90trL S312JYA 14183121 3S 3 p x M N v 0- to C) 3 0 o NO� ri U) V m PARCEL 3 PROPERTY DESCRIPTION DESCRIPTION OF A 0.407 ACRE (17,746 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WOODRUFF STUBBLEFIELD SURVEY ABSTRACT NO. 556, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LAND LOCATED WITHIN THE EXISTING OSTENSIBLE RIGHT-OF-WAY OF CR 104 (NO RECORDATION FOUND) SAID 0.407 ACRE (17,746 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a 5/8" iron rod found with cap marked "ALL -COUNTY', being in the proposed southerly right-of-way line of Southeast Arterial (right-of-way width varies), being the existing ostensible westerly right-of-way line of said CR 104, same being the easterly boundary line of the westerly portion of a 228.9 acre tract of land conveyed to Emma L. Lawhon Family Land Partnership by instrument recorded as Document No. 2006095405 of the Official Public Records of Williamson County, Texas, and being the POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said westerly right-of-way line and across said CR 104, same being the easterly boundary line of said 228.9 acre tract, S 81045'01" E for a distance of 54.59 feet to a 5/8" iron rod found with cap marked "ALL -COUNTY", being in the existing ostensible easterly right-of-way line of said CR 104, same being the proposed southerly right-of-way line of said Southeast Arterial; * 2) THENCE, with the proposed southerly right-of-way line of said Southeast Arterial, S 81°59'30 E for a distance of 1.23 feet to a calculated point, being in the westerly boundary line of that 10.04 acre tract of land conveyed to Emma L. Lawhon by instrument recorded in Document 2006095406 of the Official Public Records of Williamson County, Texas, same being the ostensible easterly right-of-way line of said CR 104, for the northeast corner of the herein described tract; THENCE, departing said proposed southerly right-of-way line, with the common boundary line of said 10.04 acre tract, and the ostensible easterly right-of-way line of said CR 104, the following two (2) courses: 3) S 27057101" W for a distance of 146.29 feet to an iron rod found with cap; 4) S 28016159" W for a distance of 194.59 feet to calculated point, for the southeast corner of the herein described tract; 5) THENCE, departing said easterly right-of-way line of said CR 104 and across said CR 104, N 61°43'01" W for a distance of 54.19 feet to a calculated point, being the easterly boundary line of the westerly portion of said 228.9 acre tract, same being in the westerly right-of-way line of said CR 104, for the southwest corner of the herein described tract; PARCEL 3 Page 2 of 3 6) THENCE, with the westerly right-of-way line of said CR 104, and the easterly boundary line of the westerly portion of said 228.9 acre tract, N 28°26'36" E for a distance of 321.75 feet to the POINT OF BEGINNING, containing 0.407 acres (17,746 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, 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. M. Stephen Tru6sdale Registered Professional Land Surveyor No, 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 50 0 50 100 SCALE 1" = 100' I5g ALL COUNTY S 811059'30" E QG) 1.23 DETAIL NOT TO SCALE EXHIBIT PLAT TO ACCOMPANY DESCRIPTION S 81045'01" E P.O.B. 54.59' OSED R.O.W. SEE AST ARTERIAL ALL COUNTY ° DETAIL EMMA L. LAWHON FA MIL Y LAND PARTNERSHIP (WESTERL Y PORTION OF 228.9 AC.) DOC. NO. 2006095405 TAMP O.P.R. W. C. T. MCD 184 (D oti EXISTING OSTENSIBL R.O.W. N 61043'01" W 54.19' .lam? SO(fiHEAS h N0) 0.407 ACRES 17,746 S0, FT, EXISTING OSTENSIBLE R.O.W. NOTES: 1) 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 TEXAS ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 0.999871063. 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT ARE NOT DEPICTED HEREON, AS SURVEYED BY: M. ScTEPHENUiRUESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LP INLANC) GEODETICS F PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE, 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 z0 io T EMMA L. LAWHON (/0.04 AC.J DOC. N0. 2006095406 O.P.R. W. C. T. A /� 4.4 Li �. 4 LEGEND D CALCULATED POINT © 5/8" IRON ROD FOUND WITH CAP UNLESS NOTED OTHERWISE PL PROPERTY LINE P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS RECORD INFORMATION PARCEL 3 0.407 ACRES 17,746 SQUARE FEET PAGE 3 OF 3