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HomeMy WebLinkAboutRES 012417-H - GRR Spur Old LandfillRESOLUTION NO. O I 1-7'tA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING ACCEPTANCE OF THE APPROXIMATELY 2.423 ACRES OF PROPERTY FROM GEORGETOWN RAILROAD COMPANY, INC., AND AUTHORIZING THE MAYOR TO EXECTUE A QUITCLAIM DEED. WHEREAS, Georgetown Railroad Company, Inc., a Texas corporation (GRR), owns 2.423 acres of property in the Antonio Flores Survey, Abstract No. 235, being all of that 2.38 acres of property conveyed in Volume 107, Page 210 of the Deed Records of Williamson County, Texas (the Spur), as described in the attached Exhibit "A": and, WHEREAS, the City of Georgetown, Texas (City) has operated various facilities upon a 73.48 acre tract which includes the Spur (the Property), including a landfill, garbage transfer center and wastewater treatment facility; and, WHEREAS, GRR has not, nor does it plan to, put the property to its intended use as a railroad spur, and wishes to quitclaim and renounce title to the Spur; and, WHEREAS, it is hereby declared that the City of Georgetown finds it to be in the best interest of the public to accept the Spur, to ensure proper permitting and protection of the former landfill site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: 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 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 this resolution and to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "B", and any other conveyance document(s) necessary to complete acquisition of the Spur Resolution No. O IDA n — N Description: GRR Spur, Old Landfill Date Approved: 1c1' aol �1 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 atl day of : ~Raft R -Y 2017. CITY OF GEORGETOWN By: (: ' L&04� Dale Ross, Mayor APPROVED AS TO FORM: �l�iisom Resolution No. O Q4 -1—t'1 Description: GRR Spur, Old Landfill Date Approved: -1I,301� Page 2 of 2 ATTEST: 5ud�� "11� Shelley Now ' g, City Secret 6 2.423 ACRES CITY OF GEORGETOWN Georgetown Railroad Spur Line EXHIBIT "g' PROPERTY DESCRIPTION Page 1 of 3 January 06, 2017 DESCRIPTION OF A 2.423 ACRE (105,545 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235 IN WILLIAMSON COUNTY, TEXAS, SAID 2.423 ACRES BEING ALL OF THAT CALLED 2.38 ACRE TRACT OF LAND (100 FOOT WIDE RAILROAD RIGHT-OF-WAY SPUR LINE) CONVEYED TO THE GRANGER, GEORGETOWN, AUSTIN AND SAN ANTONIO RAILWAY COMPANY (NOW GEORGETOWN RAILROAD) AND DESCRIBED BY INSTRUMENT RECORDED IN VOLUME 107, PAGE 210 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.423 ACRE (105,545 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the calculated southeasterly corner of said 2.38 acre tract in the northwesterly Right -of -Way (ROW) line of said Georgetown Railroad (previously the M,K & T. Railroad, the Georgetown & Granger Railroad and said Granger, Georgetown Austin & San Antonio Railway), as said ROW is depicted on Right Of Way and Track Map, San Antonio Division of the Missouri, Kansas and Texas Railway of Texas, Map T -6-A, Sheet 4, same being the approximate point of tangency of a curve to the right (shown as P.T. Station 747+64.9 on said Track Map), for the southwesterly corner and POINT OF BEGINNING of the herein described tract, and from which, a 1/2 inch iron rod with aluminum cap stamped (C.O.G.) found at the terminus of an existing chain-link fence line in said northwesterly ROW line, same being in the southeasterly boundary line of the called 73.48 acre tract of land conveyed to the City of Georgetown, Texas by instrument recorded in Volume 465, Page 381 of the Deed Records of Williamson County, Texas (said 73.48 acre tract includes the herein 2.423 acres), bears S 34'25'20"W, at a distance of 2275.92 feel; THENCE, departing said northwesterly ROW line, through the interior of said 73.48 acre tract, the following (3) three courses: 1) N 24034'35" E for a distance of 280.65 feet to a calculated point of curvature to the left, 2) along said curve to the left having a della angle of 86"54'15", a radius of 523.00 feet, an are length of 793.27 feel and a chord which bears N 18°52133" W, for a distance of 719.38 feet to a calculated point of tangency; 3) N 62°19'40" W, for a distance of 153.06 feet to the calculated point, being in the ostensible northwesterly boundary line of said 73.48 acre tract, same being the southeasterly boundary line of that called 15.72 acre tract of land conveyed to the City of Georgetown, Texas by instrument recorded in Volume 468, Page 243 of the Deed Records of Williamson County, Texas, for the northwesterly corner of the herein described tract; 4) THENCE, with the common boundary line of said 73.48 acre tract and said 15.72 acre tract. N 39°02'34" E, for a distance of 102.00 feet to the northeasterly corner of the herein described tract; THENCE, departing said common boundary line, through the interior of said 73.48 acre tract, the following (2) two courses: 5) S 62°19'40" E, for a distance of 132.94 feet to a calculated point of curvature to the right; 6) along said curve to the right leaving a delta angle of 74°57'07", a radius of 623.00 feet, an arc length of 814.98 feet and a chord which bears S 24°51'07" E, for a distance of 758.10 feet to a calculated point in said northwesterly ROW line, for the southeasterly corner of the herein described tract, and from which, a cotton gin spindle found in the centerline of said ROW in a railroad Ge on a trestle bridge over the San Gabriel River bears the following three courses, 1) with said northwesterly ROW line, along a non -tangent curve to the right having a delta angle of 02"24'54", a radius of 5779.58 feet, an arc distance of 243.60 feet and a chord which bears N 39°4953" E. at a distance of 243.58 feet to a calculated point of tangency, 2) N 40°5920" E, at a distance of 647.59 feet to a calculated point in the approximate centerline of said San Gabriel River, same being the approximate southeasterly corner of said 73.40 acre tract, and 3) leaving said northwesterly ROW line, same being 111e southerly boundary line of said 73.48 acre tract and proceeding S 53°18'04" E, at a distance of 50.13 feet; 2.423 ACRES Page 2 of 3 CITY OF GEORGETOWN January 06, 2017 Georgetown Railroad Spur Line 7) THENCE, with said northwesterly ROW line, along a non -tangent curve to the left, having a delta angle of 04°09'06 , a radius of 5779.58 feet, an arc length of 418.80 feet and a chord which bears S 36029'53" W, for a distance of 418.70 feel to the POINT OF BEGINNING, containing 2.423 acres (105,545 square feet) of land, more or less.; This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made partially on the ground and partially from record information under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 (512)238-1200 S:1 CITY OF GTOWNICITY LANDFILL TRACT -COLLEGE ST AT WALDEN DRIPARCEL\GEO RR to COG -RR SPUR TRACK.Doc / 0 150 300 ,ly 4 a' NIG2]'le'W SCALE. 1" 300' q`� '� e7TD7.5911� ,• %")%%(1017 . 1' pl\Gi\14,H titNtS / Gtt OF GEORCETOVIN (23.02 AC.) VOL. 074. PG. 072 O.H.W.C3. / YNm WASILYAWN 1NFADWIll MAXI COY OF GEORGETOWN (73.40 AC.) VOL. 405. PO 301 D.R.W.C.T. 4ULt ipa DESCRIPTION C11Y 2.423 ACRES 105.545 % FT. GEORGETOWN RAILROAD (2.]0 AC.) VOL. 107, P0. 210 D.R.W.C.T. 432e>'Ie•ry- P.O.B. N - nR.e7 IUFawm wT _ s]4'2e•2ow snaRT i—hLFI•iii—H•I•hli•hl—H•hl-ii-lirhl I-hl-'rli--hH�hhhhl-'H•ppppl I -hl 11111i•I hhhlLlhl-I-li lihhl I'•Iii•I•hl—hl-I•I-I—lii•W°Hi-H•FI—li•hli�hlil GEORGETOWN RAILROAD (la2'A.aw. NWI/) OUVll W WAY An I-- WP I/I[ MISPWML KANSAS In ISYAS MWAY W 11N.(S Sµ µfgNO mosm N.N.fA W I. NM /.AA. 3llSFI 4 LT IS TRUE AND CORRECT OF 14E EONETERMINED DY A,Y A40 PARTIALLY /17X)1 pC':'/ -' FROM TRISECTSUPERN�SIO/N/. SH 0 •, DATE CAP STAMPE 'CGG" FOUND SWOFYWI NO. 4933 � � LL HNc, D.R•W.C.T. DEED RECORDS OF 023.00 W9LLINASON MUNN. TEXAS fE ID] 0000 FENCE &1CUYWGIOW CRYIANOfRLYPACM1CMiEGESTATWAWINDATA ELWCDMWCIWOFGEOSPURTMCRWEORRtRCOO-MSPURIMCS.dp NUMBER LEGEND A CALCUTATED POINT 0 COMM CIN SPINDLE FOUND 0 IRON ROD W ALUMINUM I 523.00 CAP STAMPE 'CGG" FOUND P.O.B. POINT OF BEGINNING D.R•W.C.T. DEED RECORDS OF 023.00 W9LLINASON MUNN. TEXAS —!/— 0000 FENCE C3 CIWNLIKK FENCE —CHH" ]INWOW TRACKS NUMBER DMTA 1 RADIUS LENGTH CHOOD CHORD GEARING CI I 90'8418 I 523.00 ]9].2] ]19.JB 18'5233 C2 Jw 07 023.00 019.98 788.10 524'91 O7 E C3 04'0900_ 8]78.08 410.00 415JU 9J8'2983 CM1 OT246M1 5]]9.fi8 243.00 24].18 N30'488]'E C5 573I IBBB NOTES 1) BEAWNGSSHOWN HEREON ARE BASED ON DIE TEXAS STATE PLANE MCOOMMATE SYSTEM, NAG A CENTRAL ZONE DISTANCES ARE SURFACE DISTANCES. 2) INS SURVEY WAS PERFORMED ADHCYT BENEFIT 01 A TIRE ABSTRACT. THERE MAY BE OTHER WSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. 01/08/2017 LLI z Q�l Ww O�LM�IN 03NN yL0 0O L U0 l]J 0 EXHIBIT "B" QUITCLAIM DEED Date: .2017 Grantor: Georgetown Railroad Company, Inc., a Texas corporation Grantor's Mailing Address: Post Office Box 529, Georgetown, TX 78627 Grantee: The City of Georgetown, Texas Grantee's Mailing Address: c/o City Manager, 113 E. Eighth Street, Georgetown, Texas 78626 Consideration: One Hundred Dollars ($100.00) in cash and Grantee's Acknowledgements and Stipulations below. Property (including any improvements): Grantor's interest, if any, in 2.38 acres of land out of the Antonio Flores Survey, Abstract No. 235, as described in that certain deed recorded in Volume 107, age 210, deed records of Williamson County, Texas, more particularly described on Exhibit "A" and also referenced in a drawing shown on Exhibit `B", both of which are attached hereto and incorporated herein. Grantee's Acknowledgements and Stipulations: In partial consideration for this Quitclaim Deed, Grantee acknowledges and stipulates as follows: 1. Grantor has never made any use of the Property; 2. From approximately 1964-1985, Grantee operated a landfill on land that included the Property; 3. Since approximately 1974, Grantee has operated, and does currently operate, a wastewater treatment plant on land that is adjacent to the Property; 4. Since approximately 1985, Grantee has operated, and does currently operate, a garbage transfer station on land that is adjacent to the Property; and 5. To the extent Grantor acquired any interest in the Property, Grantor acquired such interest in 1992 pursuant to a Quitclaim Deed recorded in Volume 2267, Page 954 of the deed records of Williamson County, Texas. Reservations from and Exceptions to Conveyance: This conveyance is made by Grantor and accepted by Grantee subject to the following: QUITCLAIM-GRR TO COG, OLD LANDFILL SPUR 1510.001\59783.2 1. Grantee's Acknowledgements and Stipulations. 2. Visible and apparent easements and encumbrances, whether or not appearing of record. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, encumbrances for taxes and assessments, and all other encumbrances of any kind whether or not presently of record. THE CONVEYANCE OF THE PROPERTY IS MADE ON AN "AS -IS, WHERE IS" BASIS. GRANTEE IS TAKING THE PROPERTY IN AN ARM'S-LENGTH AGREEMENT BETWEEN THE PARTIES IN LIEU OF GRANTEE'S CONDEMNATION OF THE PROPERTY. THE CONSIDERATION WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES BY GRANTOR, ITS AGENTS, ATTORNEYS, OR REPRESENTATIVES, AND THAT GRANTEE HAS NOT RELIED ON ANY INFORMATION SUPPLIED BY GRANTOR, ITS AGENTS, ATTORNEYS, OR REPRESENTATIVES, IN ENTERING INTO OR CONSUMMATING THE TRANSACTION IN CONENCTION WITH WHICH THIS DEED IS GIVEN. BY ACCEPTANCE OF THIS QUITCLAIM DEED, GRANTEE ACKNOWLEDGES, WARRANTS AND REPRESENTS TO GRANTOR THAT IT HAS NOT RELIED ON ANY INFORMATION OTHER THAN GRANTEE'S INSPECTION OF THE PROPERTY AND ITS OWN DUE DILIGENCE, AND THAT GRANTEE'S OPPORTUNITY FOR INSPECTION AND INVESTIGATION OF THE PROPERTY HAS BEEN ADEQUATE TO ENABLE GRANTEE TO MAKE GRANTEE'S OWN DETERMINATION WITH RESPECT TO THE CONDITION OF THE PROPERTY. GRANTOR FOR ITSELF AND ON BEHALF OF ANY AFFILIATED PERSONS, COMPANIES, AGENTS, ATTORNEYS, OR ASSIGNS, HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY, OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, OR CONCERNING ANY MATTER, INCLUDING WITHOUT LIMITTION (1) THE NATURE AND CONDITION OF THE PROPERTY, (2) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY ELECT TO CONDUCT THEREON, (3) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION THEREOF WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY, AND (4) WARRANTIES (EXPRESS OR IMPLIED) OF CONDITION REGARDING THE PROPERTY'S FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY_ , TENANTABILITY, HABITABILITY OR SUITABILITY FOR ANY INTENDED USE. GRANTEE RELEASES GRANTOR FROM LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY (1) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY QUITCLAIM-GRR TO COG, OLD LANDFILL SPUR 1510.001\59783.2 ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, AND THE TEXAS WATER CODE; OR (2) ARISING AS THE RESULT OF THEORIES OF PRODUCT LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE OF THIS QUITCLAIM DEED THAT WOULD OTHERWISE IMPOSE ON A GRANTOR NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. THIS RELEASE APPLIES EVEN WHEN THE ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY RESULT FROM GRANTOR'S OWN NEGLIGENCE OR THE NEGLIGENCE OF GRANTOR'S REPRESENTATIVES. For the Consideration and subject to the Reservations and Exceptions to Conveyance, Grantor quitclaims to Grantee any right, title, and interest Grantor has in and to the Property, to have and to hold it to Grantee and Grantee's successors, and assigns forever, without any warranty of any kind, express or implied, including without limitation without any warranties that might arise by common law and the warranties in section 5.023 of the Texas Property Code (or its successor). Neither Grantor nor Grantor's successors, or assigns will have, claim, or demand any right or title to the Property or any part of it. When the context requires, singular nouns and pronouns include the plural. [REMAINDER OF PAGE INTENTIONALLY BLANK] QUITCLAIM-GRR TO COG, OLD LANDFILL SPUR 1510.001\59783.2 EXECUTED on the date of acknowledgement indicated below. GRANTOR: GEORGETOWN RAILROAD COMPANY, INC., a Texas corporation 0 William B. Snead, Chairman of the Board Acknowledgment of Georgetown Railroad Company, Inc. State of Texas County of Williamson This instrument was acknowledged before me on 2017, by William B. Snead, Chairman of the Board of Georgetown Railroad Company, Inc., on behalf of said entity. Given under my hand and seal of office this day of , 2017. Notary Public in and for the State of Texas QUITCLAIM-GRR TO COG, OLD LANDFILL SPUR 1510.001\59783.2 GRANTEE: THE CITY OF GEORGETOWN, TEXAS Attest: Dale Ross, Mayor Shelley Nowling, City Secretary Approved as to Form: City Attorney, City of Georgetown Acknowledgment of The City of Georgetown, Texas State of Texas County of Williamson This instrument was acknowledged before me on , 2017, by Dale Ross, Mayor of the City of Georgetown, Texas, on behalf of the City of Georgetown, Texas. Given under my hand and seal of office this _ day of 2017. Notary Public in and for the State of Texas QUITCLAIM-GRR TO COG, OLD LANDFILL SPUR 1510.001\59793.2 [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.