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HomeMy WebLinkAboutRES 121013-DA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE VACATION AND ABANDONMENT OF A FIRE LINE EASEMENT LOCATED ON LOT 2, P.W. PROPERTIES, A SUBDIVISION OF RECORD IN CABINET L, SLIDES 364 -365, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTATION NECESSARY TO EFFECTUATE SUCH VACATION AND ABANDONMENT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request for the vacation and abandonment of a Fire Line Easement on Lot 2, P.W. Properties, a subdivision of record in Cabinet L, Slides 364 -365, Plat Records of Williamson County, Texas, said being more fully described by metes and bounds in Fire Line Easement granted to the City of Georgetown by instrument recorded in Document No. 1995044558 of the Official Records of Williamson County, Texas (the "Property "); and WHEREAS, there are no utilities located within the Property that have not been since located within recorded easements; and WHEREAS, upon considering the request for vacation and abandonment of the Property, and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it may, therefore, be abandoned and vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution 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 resolution implements the following policies of the 2030 Comprehensive Plan: Resolution No. 10 Description: Abandonm nt of Fire Line Easement, Lot 2, P.W. Properties Date Approved: ! I Page 1 of 2 Goal 4A.B. Efficient, Responsive Government. We have created and enforced innovative, effective and fair regulatory codes and development standards to guide and improve development quality. The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other 2030 Comprehensive Plan Policies. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed abandoning and vacating the Property in the form attached hereto as Exhibit "A" and any other documentation necessary to effectuate the abandonment and vacation. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 110 day of ]:�eCeMlotY-- -, 2013. CITY OF GEORGETOWN By: George G. Garver, Mayor APPROVED AS TO FORM: Bridget Chapman,' ity torney ATTEST: E. iiamikon-,City Secretary Resolution No. I a1013 -D Description: Abandon nt f Fire Line Easement, Lot 2, P.W. Properties DateApproved: / 14 1 13 Page 2 of 2 EXHIBIT "A" [FORM OF QUITCLAIM DEED] 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 I�[i1T1:T�i t� DATE: 2013 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: P.W. Properties, a Texas general partnership GRANTEE'S Mailing Address (including County): P.O. Box 122, Georgetown, Williamson County, Texas 78627 -0122 CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a 0.270 -acre Fire Line Easement upon over and across Lot 2, P.W. Properties, a subdivision of record in Cabinet L, Slides 364 -365, Plat Records of Williamson County, Texas (the "Property "); said Fire Line Easement being granted to the City of Georgetown in Document No. 1995044558 of the Official Records of Williamson County, Texas and being more fully described by metes and bounds and sketch in Exhibit "A" attached hereto and incorporated herein. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to have and to hold it to GRANTEE, GRANTEE'S successors 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. Quitclaim Deed abandoning a 1995 Fire Line Easement Page 1 of 2 EXECUTED this the day of GRANTOR CITY OF GEORGETOWN W 2013. ATTEST: George G. Garver, Mayor Jessica E. Brettle, City Secretary STATE OF TEXAS ACKNOWLEDGMENT 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 kilt] Notary Public, State of Texas APPROVED AS TO FORM: Bridget Chapman, City Attorney Quitclaim Deed abandoning a 1995 Fire Line Easement Page 2 of 2 FOR A 0.270 ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, P.W. PROPERTIES, A SUBDIVISION RECORDED IN CABINET L, SLIDE 364, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 0.2703 ACRE TRACT OF LAND GRANTED TO THE CITY OF GEORGETOWN AS FIRE LINE EASEMENT, RECORDED IN DOCUMENT NO. 9544558, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.270 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a X -CUT found in top of curb, on the northwest corner of said LOT 2, P.W. PROPERTIES, same being on the southwest corner of LOT 1, TOYAH POINT, SECTION FOUR, a subdivision recorded in Cabinet 1, Slide 230, Plat Records of Williamson County, Texas, same being on a point in the easterly right -of -way line of LUTHER DRIVE; THENCE with westerly boundary line of said LOT 2, P.W. PROPERTIES, same being with said easterly right -of -way line of LUTHER DRIVE, S20 034'05 "E for a distance of 263.67 feet to a calculated point an angle point in the westerly boundary line of said 0.2703 -acre CITY OF GEORGETOWN FIRE LINE EASEMENT tract, for the POINT OF BEGINNING hereof; THENCE through the interior of said LOT 2, P.W. PROPERTIES tract, same being with the boundary line of said 0.2703 -acre CITY OF GEORGETOWN FIRE LINE EASEMENT tract the following twenty -one (21) courses and distances: 1. N69 °25'55 "E for a distance of 31.00 feet to a calculated point hereof; 2. N20 034105 "W for a distance of 57.78 feet to a calculated point hereof, 3. N69'1 3'66"E for a distance of 124.23 feet to a calculated point hereof; 4. N20 046'05 "W for a distance of 97.75 feet to a calculated point hereof; 5. N69 °02'24 "E for a distance of 20.50 feet to a calculated point for the northeast comer hereof; 6. S20 046'05 "E for a distance of 15.00 feet to a calculated point hereof; 7. S69 013'55 "W for a distance of 5.50 feet to a calculated point hereof; 8. S20 °46'05 "E for a distance of 97.82 feet to a calculated point hereof; 9. S69 °1 3'55 "W for a distance of 124.19 feet to a calculated point hereof; 10. S20034'06"E for a distance of 17.86 feet to a calculated point hereof; 11. N69026'56"E for a distance of 6.00 feet to a calculated point hereof; 12. S20*34'06"E for a distance of 16.00 feet to a calculated point hereof; 13. S69026'56"W for a distance of 6.09 feet to a calculated point hereof; 14. S20034'05"E for a distance of 190.01 feet to a calculated point hereof; 15. N68044'47"E for a distance of 232.42 feet to a calculated point hereof; 16. N21 °15'13" W for a distance of 20.01 feet to a calculated point hereof; 17. N68046'43"E for a distance of 15.00 feet to a calculated point hereof; 18. S21015'13"E for a distance of 35.00 feet to a calculated point for the southeast corner hereof; 19. S68044'47"W for a distance of 262.52 feet to a calculated point for the southwest corner hereof; 20. N20034105"W for a distance of 180.13 feet to a calculated point hereof; 21. S69025'55"W for a distance of 31.08 feet to a calculated point on a point in the aforementioned westerly boundary line of LOT 2, P.W. PROPERTIES, same being on a point in the easterly right-of-way line of said LUTHER DRIVE, from which an X-CUT found on top of concrete curb on the southwest corner of said LOT 2, P.W. PROPERTIES, bears S20034'05"E for a distance of 201.48 feet; THENCE with said westerly boundary line of LOT 2, P.W. PROPERTIES, same being with said easterly right-of-way line of LUTHER DRIVE, N20*34'05"W for a distance of 15.09 feet to the POINT OF BEGINNING hereof and containing 0.270 acre of land more or less. BEARING BASIS: NAD-83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM. All distances are surface distances. Combined Surface Adjustment Factor used for this survey is 1.00012. A sketch has been prepared to accompany this metes and bounds description. <>DIAMOND SURVEYING, INC. 116 SKYLLVEROAD, GEORGETOWN, TX 78628 K\ (512)931-3100 ............ ..... CE�HA�E S November 26, 2013 ............. .................. JJ 5281 .'7 -.0 V 0Q,- s SHANE SHAFER, R.O.L.S. NO. 5281 DATE f��Ssk?� 'c U �\J PLAT TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 0.270 ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT N0. 558, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, P.W. PROPERTIES, A SUBDIVISION RECORDED IN CABINET L, SLIDE 364, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 0.2703 ACRE TRACT OF LAND GRANTED TO THE CITY OF GEROGETOWN AS A FIRE LINE EASEMENT RECORDED IN DOCUMENT NO. 9544558, OFFICIAL RECORDS OF LOT 1 WILLIAMSON COUNTY, TEXAS. LEGEND TOYAH POINT` P.W. PROPERTIES LOT 1 p 1/2" IRON ROD SET W /CAF SECTION FOUR CAB. L, SL. 364 CAB, I, SL. 230 LOT 1 FOODMAKER SUBDIVISION X —CUT FOUND TOP CURB CAB. R, SL. 185 0 FOUND IRON ROD \� A CALCULATED POINT \ eye 209.E Nam LOT 2 1`h• r- BEGIN FOR REFERENCE L'� e" POINT '< OF BEGINNING o , �f r� X,cn r tp .rr+ Nroq ry� 569134 `� PROPERTIES CAB. L, SL. 364 N !~ LOT 2 1'5 X • NUM CITY OF GEORGETOWN FIRE LINE EASEMENT CALLED 0.2703 AC. 011 DOC. NO. 9544558 0 N 232 q2 I SCALE: 1 "= 100' LOT 3 (1.00 ACRE) LOT 1 BLOCK A Q3•W TOYAH POINT 5 56a^s SECTION THREE CAB. E, SL. 358 GENERAL NOTES, 1> BEARING BASISi NAD- 83<1993>, TEXAS CENTRAL <4203), STATE PLANE SYSTEM, 3> ALL DOCUMENTS LISTED HEREON ARE RECORDED IN THE OFFICE OF THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. To: Todd Woods and P.W. Properties, exclusively: I, Shane Shafer, Registered Professional Land Surveyor in the State of Texas, hereby certify that this plat represents a survey made on the ground under my direct supervision completed on November 13, 2013. At the time of this survey there was no evidence of encroachments, conflicts or protrusions apparent on the ground, EXCEPT AS SHOWN. This surrey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 113, Condition III Standard Land Survey. USE OF THIS SURVEY BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. DL41 NOVEMBER 26, 2013 116 SKYL Shane Shafer, 4SN281 DATE (512) 931' NUM DISTANCE BEARING L1 31.00' N69'25'55 "E L2 57.78' N20'34'05 'W L3 20.50' N69'02'24 "E L4 15.00' 520'46'05 'E L5 5.50' S69'1 3'55 "W L6 17.86' S20'34'05 "E L7 6.00' N69'25'55 "E L8 15.00' S20'34'05 'E L9 6.09' S69'25'55 "W L10 20.01' N21 *15'13 "W L11 15.00' N68'46'43 "E L12 35.00' S21 *15'1 YE L13 31.08' 569'25'55 "W L14 15.09' 1 N20'34'05 "W S iF: r� Eq�;O .......................... SHANE SHAPER 5281 y�17 S U RJ�'�O