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HomeMy WebLinkAboutORD 2018-77 - Abandon Quitclaim DeedORDINANCE NO. ;� 0A'D`_I 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN PROVIDING FOR THE ABANDONMENT BY QUITCLAIM DEED OF A STREET, ALLEY, AND/OR PUBLIC RIGHT-OF-WAY, OR A PORTION THEREOF; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT; CALLING A PUBLIC HEARING; PROVIDING A CONFLICT AND SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an Application for the Abandonment of all of the streets, alleys, road widening easements and/or public rights-of-way described, depicted and dedicated by subdivision plat in Rivers Hills Section Two and the Amended River Hills Section Three, recorded in Cabinet E, Slide 65 and Cabinet E, Slide 135, respectively; the same being generally depicted in Exhibits "A " and "B ", attached hereto. WHEREAS, notice of the time and place, where and when this Ordinance would be given a public hearing and considered for final passage, was published in the Williamson County Sun, a newspaper of general circulation in the City of Georgetown, said publication being on the 215 day of November, 2018, and the 5'h day of December, 2018 the same being more than seventy-two (72) hours prior to the times designated for said hearing. WHEREAS, upon considering the Application and additional information pertaining to the Application, the City Council now finds that (a) there are no existing utilities located within the property to be abandoned; OR (b) the utilities existing in the area of the street, alley, and/or public right-of-way will be sufficiently protected by being either relocated or placed into easements and that the utility companies serving the area including and surrounding the right-of-way have determined that their utilities, if existing, will also be sufficiently protected by the same means. 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 policies of the 2030 Comprehensive Plan- Policy Plan Element(s): 4. Effective Governance 4.1 Effective, Responsive Government B. 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 ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Policies. SECTION 2. That the above described streets, alleys, road widening easements and/or public rights-of-way, being also generally depicted on Exhibits "A " & "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. SECTION 3. That said streets, alleys, road widening easements and/or public rights-of-way are not needed for public purposes and it is in the public interest of the City of Georgetown to abandon said streets, alleys, road widening easements and/or public rights-of-way. CoG Map Quads L -53/L-54 SECTION 4. That the abandonment provided for herein shall extend only to the public right, title and easement 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. 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 6. 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 7. 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 8. 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. PASSED AND APPROVED on First Reading on thee_ day of %i bV err1 , 2018. PASSED AND APPROVED on Second Reading on the I day of 1�e�c.�.r.� , 2018. ATTEST: Shelley Nowling E Secretary APPROVED S TO FORM: i 6 Charlie N&Nabb, City Atforney d RD a.o 100 -� ►al++ lao+$ CoG Map Quads L -53/L-54 THE CITY OF GEORGETOWN: By. 41[•! Dale Ross, Mayor D r r O m v G� N O. CD r Z N r0OLD IA� rr �s -V W D n 1 GlC)mm -n N N G ,.i Nr D RI 9) v 00 N �-0 o j0 D n z LA Exhibit A RIVER HILLS SECTION ONE RECORD OWNER: CAB. D, SLIDE 304, PR ❑ <<No � o DONALD D. ROSE, E7 AL NQr'�El>yNarR. DOC. N0, 2x1605 RECORD OWNER RECORq OWNER: 302 100 095I,OPR RICFFAROC l��E lilCORO0 6 HARLES ROBERT 1.''VO ��+ kryf8• 2D OpR SfEhq r I ETAL K I _ BLOCK B DDC. NQ, NHANS. ET ux �OaVO4i , o �k E`khQR�cORQo VOL 996, PG. 775, OR 2006008328, OAR �C' NO DE'Vfl N'vFR BLOCK C 2�IQ 6t F?V aq 4 7 5 5 21 19A AMENDED PLAT OF ;d W PT OF LOT 18 & LOT 19 a° ? 3 8 0� RIVER HILLS SECTION ONE DOC. NO. 2014023834, OPR 18A 4 a o Qpm 22 ���44�ysn �Qqo a o BLOCK CRa SQL I�gaa�Qry�R 1 m o 2 9 �° 86.i DR -1ATjON 3 ��� 23 17 CIO 1 RIVER HILLS SECTION TWO 2 CAB. E, SLIDE 65, PR `RECORD OWNER: WOLF LAKES, L. TRACT FOUR, PARCEL THREE fL DOC. NO. 2013096286, OPR 30 29 10 do kc x,�b 24 -5 ass 1 16 = 3 28 BLOCK A 27 25 1� k% 2 b Ar Qv 26 15 o L2 m liF �v 240' 150' 100' 5). 0' 100' 200' 11 GRAPHIC SCALE: I"=200' Ile- STEGER BIZZELL 1985 AUS I IN AVENUE GEORGETOWN, YX 78626 TERAS REGISTEP,ED ENGINE ER1143 FIRM F1B1 a -" 51293D 9412 ;4F_, ,STEGERBIZZELL COM DATE 10/16/2018 JOB NO. 22506 31 32 10 BLOCK A 9 AMENDED RIVER HILLS SECTION THREE LEGEND CAB E, SLIDE 135 P.R. OPR OFFICIAL PUBLIC RECORDS OF RECORD OWNER: WOLF LAKES, L.P 8 WILLIAMSON COUNTY, TEXAS DOC. NO. 2013096287, OPR DR DEED RECORDS OF WILLIAMSON COUNTY, TEXAS EXHIBIT "B" PR PLAT RECORDS OF RIGHT-OF-WAY TO BE VACATED IN THE WILLIAMSON COUNTY, TEXAS RIVER HILLS SECTION TWO SUBDIVISION ROW RIGHT-OF-WAY CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS 25 1� k% 2 b Ar Qv 26 15 o L2 m liF �v 240' 150' 100' 5). 0' 100' 200' 11 GRAPHIC SCALE: I"=200' Ile- STEGER BIZZELL 1985 AUS I IN AVENUE GEORGETOWN, YX 78626 TERAS REGISTEP,ED ENGINE ER1143 FIRM F1B1 a -" 51293D 9412 ;4F_, ,STEGERBIZZELL COM DATE 10/16/2018 JOB NO. 22506 3 0 W 0 8 Exhibit B 1001 W 60' 4 -' 20' 0' 50' 100' BLOCK A RIVER HILLS SECTIO GRAPHIC SCALE: V'= 00: CAB E SLIDE 65 RECORD OWNER: WOLF LAKES, L.P � TRACT FOUR, PARCELTHREE 29 ' DOC. NO 2013096286, OPR � 30 31 , 32 1 —0000- 9 8 LEGEND 7 AO y0 BLOCK A pill R1NC' �Ao�' 1�Eo11 Sp tea, EI �v PCP i lip 6 6 AMENDED RIVER HILLS SECTION CAB E, SLIDE 135 P.R. RECORD OWNER: WOLF LAKES, L.P. DOC NO 2013096287, OPR RECORD OWNER: WOLF LAKES, L.P. TRACT FIVE, CALLED 202.149 ACRES AND 2.0 ACRES DOC. NO. 2013096286, OPR VOL. 1997, PG. 953, DR EXHIBIT "B" RIGHT-OF-WAY AND EASEMENT TO BE VACATED IN THE AMENDED RIVER HILLS SECTION THREE SUBDIVISION CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS / THREE OFFICIAL PUBLIC RECORDS OF OPR WILLIAMSON COUNTY, TEXAS DR DEED RECORDS OF WILLIAMSON COUNTY, TEXAS 13 D PLAT RECORDS OF PR WILLIAMSON COUNTY, TEXAS ROW RIGHT-OF-WAY AO y0 BLOCK A pill R1NC' �Ao�' 1�Eo11 Sp tea, EI �v PCP i lip 6 6 AMENDED RIVER HILLS SECTION CAB E, SLIDE 135 P.R. RECORD OWNER: WOLF LAKES, L.P. DOC NO 2013096287, OPR RECORD OWNER: WOLF LAKES, L.P. TRACT FIVE, CALLED 202.149 ACRES AND 2.0 ACRES DOC. NO. 2013096286, OPR VOL. 1997, PG. 953, DR EXHIBIT "B" RIGHT-OF-WAY AND EASEMENT TO BE VACATED IN THE AMENDED RIVER HILLS SECTION THREE SUBDIVISION CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS / THREE J r "nod y3C 13 D �,pp •0 Sao 7 z N Z O rA pwz r �,� C �'q$ c p F U°o y °e{ ' o p6� 5 4 fQ�?.r Lu ��� �v�'Pp O � Z a eo; 0� F- M Lu L" w " (n 0 YZOO 3-6 JN 13--uW. _ Sam �d� L m W O N > u oC$ =w" opo u w z STEGER�BIZZELL 512 930 9412 I TERAS REGISTER. EO .9', -;FIRM F-181 rvEe STEGERBIZZELL COM j ! vaM1CA14i11-.aryAryhiA3 ••f�Rn+GRi 1 DATE 10/16/2018 JOB NO. 22506 EXHIBIT "C" 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: _/20 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: GRANTEE'S Mailing Address (including County): CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of the streets, alleys, road widening easements and/or public rights-of-way described, depicted and dedicated by subdivision plat in Rivers Hills Section Two and the Amended River Hills Section Three, recorded in Cabinet E, Slide 65 and Cabinet E, Slide 135, respectively. 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. CoG Map Quads L -53/L-54 River Hills Abandonment Page 1 of 2 EXECUTED this the day of 12018. GRANTOR CITY OF GEORGETOWN BY: Dale Ross, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: Shelley Nowling, City Secretary 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of 2018. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney CoG Map Quads L -53/L-54 River Hills Abandonment Page 2 of 2