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HomeMy WebLinkAboutRES 072616-E - Abandon 10' Utility EsmtRESOLUTION NO. 0 —72(o 16 —1-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN VACATING AND ABANDONING A PORTION OF A 10 -FOOT PUBLIC UTILITY EASEMENT OUT OF LOT 3, BLOCK A, PARK MEADOW SECTION TWO, A SUBDIVISION RECORDED IN CABINET F, SLIDE 387 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (THE -PUE-), AND BEING LOCATED AT THE CORNER OF DAWN DRIVE AND PARK MEADOW BOULEVARD IN GEORGETOWN, TEXAS. WHEREAS, the City of Georgetown has received a request for the vacation and abandonment of a portion of the above-described PUE, due to the bisection of Lot 3 by the PUE; and WHEREAS, the City of Georgetown ("City") has received a request from Roberson Roach Holdings, LLC, the current owner of property encumbered by the above-described easement. The bisection of Lot 3 by the PUE leaves insufficient room for construction of a new facility and prevents development of the lot. The easement requested to be abandoned and vacated is fully described by metes and bounds and sketch on Exhibit "A" attached hereto (the "Property"); and WHEREAS, upon considering the request for vacation and abandonment of the subject portions of the PUE and additional information pertaining to the request, the City Council finds that a public need for the areas sought to be vacated and abandoned no longer exists and that said portions of the PUE may be vacated and abandoned pursuant to City Ordinance No. 2009- 47 relating to disposition of City property; and WHEREAS, nothing herein shall operate to vacate or abandon the remainder of said PUE. 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 the adoption of this resolution is not inconsistent or in conflict with any of the City's 2030 Comprehensive Plan policies. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "B" and any other conveyance document(s) necessary to complete the vacation and abandonment of the portions of the PUE Resolution No. G-1 Zb i to — r Description: Vacation and abandonment of a portion of a 10' PUE on Lot 3, Block A Park Meadow Section Two Date Approved: J ( tin ':Lr51 b Page 1 of 2 described herein and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this DA�v day of TL.AU 2016. CITY OF GEORGETOWN ATTEST: BY: <::] C S Dale Ross, Mayor Shelley Now ' , ity Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally Dale Ross, 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 ,2(n day ofAxkj�J 2016. R!y!!bk Ruff Camisg" SIMM70 [a fes. CumsiWu�M IJM71xM17 )u Expires: 12/1S/2019 Notary Public, State of as AFTER RECORDING, RETURN TO: City of Georgetown ATTN: Travis Baird, Real Estate Services Coordinator 300-1 Industrial Ave. Georgetown, Texas 78626 Resolution No. O_72 -(.P16-6' Description: Vacation and abandonment of a portion of a 10' PUE on Lot 3, Block A Park Meadow Section Two Date Approved: A aA ;?'[Vj 201 b Page 2 of 2 Exhibit: "A" 0.037 OF ONE ACRE PAGE 1 OF 3 N. PORTER SURVEY, ABSTRACT NO. 497 0. PERRY SURVEY, ABSTRACT NO. 10 WILLIAMSON COUNTY. TEXAS PROPERTY DESCRIPTION BEING 0.037 OF ONE ACRE OF LAND (1593 SQ. FT.) SITUATED IN THE N. PORTER SURVEY, ABSTRACT NO. 497, AND THE O. PERRY SURVEY, ABSTRACT NO. 10, IN WILLIAMSON COUNTY, TEXAS, (ACCORDING TO THE RECORDS OF THE TEXAS GENERAL LAND OFFICE, THE PULSIFER SURVEY WAS PATENTED IN CONFLICT WITH THE SENIOR PERRY SURVEY), BEING A PORTION OF LOT 3, BLOCK A, PARK MEADOW SECTION TWO, A SUBDIVISION RECORDED IN CABINET F. SLIDE 387 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING ALL OF A 10' WIDE PUBLIC UTILITY EASEMENT AS SHOWN ON THE MAP OF SAID PARK MEADOW SECTION TWO, FOR WHICH NO RECORDING INFORMATION COULD BE FOUND. SAID 0.037 OF ONE ACRE (1593 SQ. FT.) TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rebar found for the West -comer of said Lot 3 and the South comer of Lot 2, of said Block A, also being in the Northeast line of Lot 1, PARK MEADOW SECTION ONE, a subdivision recorded in Cabinet E, Slide 111, of said Plat Records, from which a 1/2 -inch iron rebar found for the North comer of said Lot 1, PARK MEADOW SECTION ONE, and the East corner of Lot 1, of said Block A. also being in the Southwest line of said Lot 2, bears North 36°52'29" West distance of 19.94 feet; THENCE along the Northwest line of said Lola and the Southeast line of said Lot 2, the following two (2) courses and distances: 1. North 53°05'07" East a distance of 101.00 feet to the West comer and POINT OF BEGINNING of the herein described tract; and 2. North 53105107" East a distance of 10.25 feet to the North comer of the herein described tract, from which an iron rebar with cap stamped "BAKER-AIKLEN" found for the North corner of said Lot 3 and the East comer of said Lot 2, also being in the Southwesterly right-of-way line of Dawn Drive, being a 50 feet wide right-of-way as shown on said PARK MEADOW SECTION TWO, bears North 53°05'07" East a distance of 118.72 feet; 0.037 OF ONE ACRE N. PORTER SURVEY, ABSTRACT NO. 497 O. PERRY SURVEY, ABSTRACT NO. 10 WILLIAMSON COUNTY. TEXAS PAGE 2 OF 3 THENCE South 50118104" East over and across said Lot 3, a distance of 159.34 feet to the East corner of the herein described tract, being in the Southeast line of said Lot 2 and tate Northwesterly right-of-way line of Park Meadow Boulevard, being a 60 feet wide right-of-way as shown on said PARK MEADOW SECTION TWO, from which a 1/2 - inch iron rebar with cap stamped "BAKER-AIKLEN" found for a Point of Curvature in said Southeast line of Lot 2 and said Northwesterly right-of-way line of Park Meadow Boulevard, bears North 53°03'58" East a distance of 66.77 feet; THENCE South 53°03'58" West along said Southeast line of Lot 2 and said Northwesterly right-of-way line of Park Meadow Boulevard, a distance of 10.28 feet to the South comer of the herein described tract; THENCE North 50118104" West over and across said Lot 3, a distance of 159.35 feet to the POINT OF BEGINNING and containing 0.037 of one acre of land (1593 Sq. Ft.) more or less. All bearings shown hereon are based on the Texas State Plane Coordinate System (SPCS), Central Zone (4203), NAD83 (2011 Adjustment). All distances shown hereon are surface values represented in U.S. Survey Feet based on a grid -to -surface combined adjustment factor of 0.99986678. This property description is accompanied by a separate plat of even date. Surveyed on the ground the day of ek 111 2016. 1x413 -1'l It: Ahendnn M&B.duc ravis S. Tao , JULS 6428 Steger & Bizzell Engineering Inc. 1978 South Austin Avenue Georgetown, Texas 78626 (512)930-9412 TBPLS Firm No. 10003700 STEGERIII ZZELL 1978 S. Austin Ave Georgetown, TX 78626 N N ^ p o J O O Z V r� W gdz J! N Q o o oZQGGQ �i N ~ U V 1 w C W° i M 3o'wo ma¢� Ni < m d Z N O m �i 0 a O U' 9C Nv>CWU V wUWz. 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M d QI 022N V�w� OZG IV NOOK {a.6LL OOii C W nw Q O VI f V V v O C VOi o Z f Exhibit: `B" 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 NUMBER. DATE: 2016 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: Roberson Roach Holdings, LLC, a Texas limited liability company GRANTEE'S Mailing Address (including County): 3006 Dawn Drive, Georgetown, Williamson County, Texas, 78628 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a portion of a 10' Public Utility Easement (PUE) out of Lot 3, Block A, Park Meadow Section Two, a subdivision in Williamson County, Texas, as recorded in Cabinet F, Slide 387, Plat Records of Williamson County, Texas, said portion of the PUE being more fully described by metes and bounds and sketch on Exhibit "A" attached hereto and incorporated herein by reference. 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 10' PUE on Lot 3 Park Meadow Section Two Page 1 of 2 EXECUTED this the_ day of w` 2016. GRANTOR CITY OF GEORGETOWN BY: C9'V1' Dale Ross, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: Shelley "I , City Secr ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally Dale Ross, 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. 2016. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I! day of . �4N KIeccaHuffNit"f7esaM 13NU 7s: 72/75(2019 APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed abandoning a 10' PUE on Lot 3 Park Meadow Section Two Page 2 of 2 a Notary Public, State of e s [Exhibit "A" to Quitclaim Deed] Exhibit "A" to the Quitclaim Deed is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording.