Loading...
HomeMy WebLinkAboutRES 101116-D - Abandon 2 Esmts Deer HavenRESOLUTION NO. 10 I t I Lo D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE VACATION AND ABANDONMENT OF (1) A REMAINDER OF A 20' RIGHT OF WAY AND EASEMENT RECORDED IN VOLUME 678, PAGE 493, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; AND (2) A REMAINDER OF A 10' RIGHT OF WAY AND EASEMENT RECORDED IN VOLUME 852, PAGE 471, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID REMAINDERS BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AND SKETCH ON EXHIBIT "A", ATTACHED HERETO; AND BOTH EASEMENTS BEING LOCATED IN THE DEER HAVEN SUBDIVISION; A SUBDIVISION IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS. WHEREAS, the City of Georgetown has received a request from the owner of property in the Deer Haven Subdivision for the vacation and abandonment of the two subject easements located thereon as shown Exhibit "A" attached hereto, and WHEREAS, the two subject easements contained utilities that have been relocated and placed into easements specifically defined in the plat of the Deer Haven Subdivision, recorded as Document No. 2016060970; and WHEREAS, the subject easements, if left in place, conflict with development plans on Lot 1, Block F of the Deer Haven Subdivision; WHEREAS, in order to facilitate development of the property, the owner is seeking vacation and abandonment of the subject easements. WHEREAS, upon considering the request for vacation and abandonment of the subject easements and additional information pertaining to the request, the City Council finds that a public need for the subject easements no longer exists as the platting of Deer Haven is complete, the new easements have been conveyed to the City, and any necessary utilities have been constructed and accepted by the City; and WHEREAS, nothing herein shall operate to vacate or abandon any rights of way or easements other than those described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Resolution No. I D I 1 1 Lo — D Description: Vacation and abandonment of a two (2) easements in the Deer Haven Subdivision Date Approved: 1 o 111 `AQ 1 1p Page 1 of 2 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 Cityts 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 "S", and any other conveyance document(s) necessary to complete the vacation and abandonment of the easements 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 I k day of jWm�b2016. CITY OF GEORGETOWN Ey: cl L (a" -- Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney ATTEST: S Shelley Nowling(!�Secretary Resolution No. l D (1 �U - U) Description: Vacation and abandonment of a two (2) easements in the Deer Haven Subdivision Date Approved:_ to � \ N 1 R(A �p Page 2 of 2 EXHIBIT "A" County: Williamson Page 1 of 3 Project: Deer Haven Subidivision 9/30/2016 AVO: 30001 BEING A 0.1570 ACRE (6,840 SQUARE FEET) TRACT SITUATED IN THE D. WRIGHT SURVEY, ABSTRACT NUMBER 13, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK F, DEER HAVEN SUBDIVISION, A LEGAL SUBDMSION ACCORDING TO THE PLAT OF RECORD IN DOCUMENT NO. 2016060970 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF TWO TRACTS -3,415 SQUARE FEET OF A CALLED 20 -FEET WIDE EASEMENT TO THE CITY OF GEORGETOWN AS RECORDED IN VOLUME 678, PAGE 493 AND 3,425 SQUARE FEET OF A CALLED 10 -FEET WIDE EASEMENT TO THE CITY OF GEORGETOWN AS RECORDED IN VOLUME 852, PAGE 471, BOTH RECORDED IN THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found for an angle point in the east line of Lot 10, Block A, said Deer Haven Subdivision, same being the southwest comer of Lot 13, San Gabriel Estates, a legal subdivision according to the plat of record in Cabinet A, Slide 365 and the northwest comer of Lot 11, Oak Ridge Subdivision, a legal subdivision according to the plat of record in Cabinet B, Slide 287, both of the Plat Records of Williamson County, Texas; THENCE with the west line of said Lot 13, San Gabriel Estates same being the east line of said Deer Haven Subdivision, N27° 14'36"E a distance of 821.36 feet to a point in said east line of Deer Haven Subdivision and said west line of Lot 13, San Gabriel Estates, same being the east line of said Lot 1, Block F, Deer Haven Subdivision; THENCE leaving said west line of Lot 13, San Gabriel Estates and said east line of Lot 1, Block F, Deer Haven Subdivision, crossing said Lot 1, Block F, Deer Haven Subdivision the following five (5) courses and distances: 1. N57°54'00"W a distance of 19.92 feet to a point in the west line of a said 20 -feet wide easement for the southeast comer of said 10 -feet wide easement and the POINT OF BEGINNING of the tract described herein, 2. leaving said west line ofthe 20 -feet wide easement, with the south line of said 10 -feet wide easement, N57054'00"W a distance of 342.83 feet to a point in said south line of the 10 - feet wide easement, same being an angle point in the south line of a called 0.832 acre tract as described in a Quitclaim Deed to Milton G. Liese and wife, Elizabeth Liese and recorded in Document No. 2013029763 of said Official Public Records of Williamson County, Texas, EXHIBIT "A" County: Williamson Page 2 of 3 Project: Deer Haven Subidivision 9/30/2016 AVO: 30001 LEGAL DESCRIPTION 3. thence leaving said south line of the 10 -feet wide easement, crossing said 10 -feet wide easement with said south line of the 0.832 acre tract, N32°06'00"E, passing at a distance of 10.00 feet the north line of said 10 -feet wide easement, same being the south line of said 20 -feet wide easement, and continuing across said 20 -feet wide easement with said south line of the 0.832 acres tract in all a distance of 20.00 feet to an angle point in said south line of the 0.832 acre tract, 4. continuing across said 20 -feet wide easement with said south line of the 0.832 acre tract, S57°54'00"E a distance of 341.19 feet to the southeast comer of said 0.832 acre tract, and 5. continuing across said 20 -feet wide easement S27°24'31"W, passing at a distance of 10.03 feet a calculated point being an angle point in said 20 -feet wide easement, same being the northeast comer of said 10 -feet wide easement, and continuing with said west line of the 20 -feet wide easement, same being the east line of said 10 -feet wide easement, in all a distance of 20.07 feet to said POINT OF BEGINNING and containing 0.1570 acre (6,840 square feet). Basis of bearings is the Texas Coordinate System of 1983, Central Zone 4203 (NAD83/2011). All distances shown hereon are surface, with a scale factor of 1.00014: U.S. Survey Feet. This survey was prepared without the benefit of a title commitment. Easements or other matters of record may exist where none are shown. These property descriptions are accompanied by a parcel plat of even date. I, Dan H. Clark, Registered Professional Land Surveyor, do hereby certify that this legal description and the accompanying parcel plat of even date represent an actual survey made on the ground under my supervision. Dan H. Clark, R.P.L.S. / l Date Texas Registered Professional Land Surveyor No. 6011 Halff Associates, Inc., TBPLS Firm No. 10029607 4030 West Braker Lane, Suite 410, Austin, Texas 78759, 512-7774600 FA. R11 2338 p vEY p?13 _ _ CS✓.• 22/!-D/-OOSJ SUFI Ts 0, --�-- /�ELIZABETH_LIESE___--`'------_____---��_ SEE DETAIL 'A' I IV VL. WG Y4. 411 D.R.W.C.T. I I CITY OF GEORGETOWNfl-11, I j 1 I WATER & ELECTRIC ESMT VOL 6TB, PG. 493 j D__R.W.C.T. i IT I I DEER HAVEN I�'----=---SUBDIVISION I 2016060970" —i P.R.W.C.T. \ I WA GRAPHIC SCALE 1'-200' 100' 200' A3000' 400' I \V w ,•]WW1- O_ I F—W�3 O$ � Jcaama i w N f Z -Y OF GEORGETOWN I & ELECTRIC ESMT VOL. 6T8, PG. 493- D.R.W.C.T. —� LOT 10 BLOCK A I FOUND 1/2'IRON Sq. Ft IU.UU", 10.03 10.00' 3,425 Sq, Ft. 54'00'W 10.04', N57' 342.8 3' CALCULATED POINT PLAT RECORDS WILLIAMSON COUNTY TEXAS A- P.R.W.C.T. ABANDONMENT DEED RECORDS WILLIAMSON COUNTY TEXAS D.R.W.C.T. EASEMENT POINT OF BEGINING P.O.B. 01570 AC POINT OF COMMENCING P.O.C. FORMERLY KNOW AS F.K.A. 6,840 Sq Ft) MEN mom HALFFL REMAINDER OF EXISTING ONE CITY OF GEORGETOWN EASEMENT AUSN]o 1.TEBPAxEP5 4xE Spl]E<5p IL111117 p >0]]93]f! vM 0,213.." 1pFL5 FIRM MI Ig123bp) LOT 11 I 412H�; O$Oti 1 LOT 12 �S„ti• YOw3(//1` .;Ai I LOT 13 �P — LOT 14 LINE TABLE NO.EI BEARING DISTANCE ll N57'OS'58'W 19.92' L2 N32'06'00'E 20.00' L-31 SZT'24'31'W 1 20.07' EXHIBIT "B" [Form of Quitclaim Deed) 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: WITI GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Texas 78627 (Williamson County) GRANTEE: Deer Haven Developers, a Texas joint venture composed of CREM FAMILY INVESTMENTS, INC., a Texas S corporation, and GEORGETOWN DEERHAVEN, L.P., a Texas limited partnership. GRANTEE'S Mailing Address (including County): 801 South Main Street, Georgetown, Texas, 78626 (Williamson County) CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: TRACT ONE: BEING a 0.1570 -acres (6,840 square feet), the remainder of a 20' right of way and easement to the City of Georgetown described in Volume 678, Page 493, and remainder of a 10' right of way and easement to the City of Georgetown described in Volume 852, Page 471, both recorded in the Official Public Records of Williamson County, Texas (O.P.R.W.C.T.); said 0.1570 -acre (6,840 square feet) tract being situated in the David Wright Survey, Abstract No. 13, Williamson County, Texas, now part of the Deer Haven Subdivision, recorded as Document No. 2016060970 O.P.R.W.C.T.; said Pagel of3 0.1570 acre being more particularly described by metes and bounds and sketch in Exhibit "A" attached hereto. EXCEPTIONS FROM QUITCLAIM: Grantor excepts from this quitclaim any right of way, easement or other real property interest granted or dedicated to GRANTOR or the public by the plat of the Deer Haven Subdivision, recorded as Document No. 2016060970 of the Official Public Records of Williamson County, Texas. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described easements, but not otherwise, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. EXECUTED this the day of 2016. GRANTOR ATTEST: CITY OF GEORGETOWN Dale Ross, Mayor Shelley Nowling, City Secretary STATE OF TEXAS ACKNOWLEDGMENT 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. 2016. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of Notary Public, State of Texas Page 2 of 3 APPROVED AS TO FORM: Charlie McNabb, City Attorney AFTER RECORDING, RETURN TO: City of Georgetown Attn: Travis Baird, Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 Page 3 of 3 [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.