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Home My WebLink AboutRES 021219-S - Abandon Stillwater UtilityRESOLUTION NO. 0 121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A UTILITY EASEMENT SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, GRANTED TO THE CITY OF GEORGETOWN AND RECORDED AS DOCUMENT NO. 2011015855 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. WHEREAS, the City of Georgetown (the "City") has received an application from Lennar Homes of Texas Land and Construction, Ltd., for the release and abandonment of the utility easement granted to the City in Document No. 2011015855 in the Official Public Records of Williamson County, Texas (the "Easement"); and WHEREAS, said Easement was acquired for the purpose of constructing and maintaining a potable water line across property of which the easement tract was a part; and, WHEREAS, the current owner of the property encumbered by the above-described easement, Lennar Homes of Texas Land and Construction, Ltd. (the "Owner"), has requested the abandonment of the Easement as the Easement hinders use or conveyance of the property. The Easement requested to be abandoned and released is described in the utility easement granted to the City in Document No. 2011015855 in the Official Public Records of Williamson County, Texas (the "Property"); and WHEREAS, the Owner is providing replacement easements to the City and will construct new waterline infrastructure as part of its development; and, WHEREAS, upon considering the request for release 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 released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Resolution No. 0217-1k-5 Description: Release and abandonment of a Utility Easement, Stillwater Date Approved: 02 111, 11, 1 'tom !�_ 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 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 "A" and any other conveyance document(s) necessary to complete the release and abandonment of the utility easement described herein, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this `% day of , 2019. CITY OF GEORGETOWN BY (� "& (?�M Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney ATTEST: Robyn ensmore, City Secretary Resolution No. 2 �g Description: Release and abandonment of a Utility Easement, Stillwater Date Approved: 0`,Z. I I I- i. Z Page 2 of 2 Exhibit "A" 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: 2019 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: Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership GRANTEE'S Mailing Address (including County): c/o Kevin Pape, 13620 N. FM 620, Bldg. B, Ste. 150, Austin, Travis County, Texas 78717 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of those easement rights as described in Document No. 2011015855 in 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 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 Utility Easement Lennar Stillwater Site CoG Map Quad E-54 Page 1 of 2 EXECUTED this the day of , 2019. GRANTOR: ATTEST: CITY OF GEORGETOWN BY: Dale Ross, Mayor STATE OF TEXAS ) COUNTY OF WILLIAMSON ) 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 2019. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney E dl � r C � N N Q} � R1 N LZAM 4 a c � ro v � 3 C H w ° � � � 4 C��O � Illliilllilliilllllllillllllllllllllllillllllliilllliliilll ESMTPG 2011015855 6 6 PGS GEORGETOWN UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § This Agreement (this "Agreement") is made on the day of February,0�1-1,, at Georgetown, Texas, between Milton D. Carlson and wife, Nancy Davis Carlson, w se-. ddress is 351 Wildflower Lane, Georgetown, Texas 78626 (hereinafter referred to as " tor" ,�aq the City of Georgetown, a Texas home -rule municipal corporation, whose addr=r. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (here' as "Grantee"). 1. For the good and valuable consideration described in Pai-agrapl� el .w'j Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its su ess ss and assigns, an exclusive easement and right-of-way (the "Easeme t" for lih� placement, construction, operation, repair, maintenance, replace z fide, rebuilding, relocation and/or removal of water lines and relatedZfA�c�lities'¢collectively, the "Facilities") on, over, under, and across the fallow'ng �sctibed property of the Grantor, to wit: - Being all that certain y act, piece or pater S -Ran &lying and being situated in the Count of Williams stat o exas, beingmore particularly described by metes a bound Exhibit A and by diagram in Exhibit B attached her o de a part hereof for all purposes (herein sometime `to- s the "Easement Area" or the "Property"). 1 2. The Easement and the rights az d' - vi c�.l��n conveyed, are granted for and in consideration of the sum of Si housSi x Hundred Nineteen and No/100 Dollars ($6,619.00) and other good. aI_- valuable to Grantor in hand paid by Grantee, the receipt and sufcl C wh} }} is hereby acknowledged and confessed. 3. The Easement, with it r*ts and priv`il6ges, shall be used only for the purpose of structin placing, cong, rating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or ing the Facilities. 4. The duration of the E t- rpetual. 5. Grantor and Grani's-ham rsonaI representatives, successors, and assigns are and shall be bound te�AlAvT and FOREVER DEFEND the Easement and the rights conveyed in tM Agre ent to Grantee and Grantee's successors and assigns, against every person lawfully c ming or to claim all or any part thereof 6. The Eas. e t d the rights and privileges granted by this Agreement, are EXCL '. E to antee, and Grantee's successors and assigns, and Grantor co� its ti Grantor shall not convey any other easement, license, or conflicting right tv:rse`in ariy manner, the area (or any portion thereof) covered by this grant w, ho prior written consent of Grantee, which consent shall not be unreasonably �hedld delayed. Notwithstanding anything herein to the contrary, Grantor retains, " .1 d, I r r,t. . T . . .- -. -a A .. -- _ __ 1 7. In addition to the Easement, rights, and privileges herein granted, Grantee shall have the temporary right to use the surface of Grantor's adjacent property depicted by diagram on Exhibit B attached hereto and made a part hereof for all purposes (the "Temporary Construction Easement") to the extent necessary to construct and install the Facilities within the Easement Area. The duration of the Temporary CTns�gction Easement shall be for a period of six (6) months from the date work begins on. the Property. Upon the completion of such construction and installation, Grantee shall, ;? as reasonably possible, restore the surface of the Temporary Constructign,Ea ment to the condition in which it was found before any such work was un e aken,--94d Grantee's right to use the Temporary Construction Easement shall reupon terminate for all purposes. 8. This Agreement contains the entire agreement between the ela to its g P subject matter. Any oral representations or modifications concerning is greement shall be of no force and effect. Any subsequent amendment «r modification must be in writing and agreed to by all parties. 9. The terms of this Agreement shall be binding upon Cyt-untor, and Grantor's heirs, personal representatives, successors, and assigns; shall, bind�tn inure to the benefit of the Grantee and any successors or assigns of Grantee; shall/be deemed to be a covenant running with the land. �.i A IN WITNESS WHEREOF, Grantor has caused this'insthiment t6 be executed on this, day of February, 2011. GRANTOR: STATE OF TEXAS COUNTY OF WILLIAMSON f, ancy avis Carlson �r A This instrument was ackng +elged before me on this the if day of February, 2011, by Milton D. Carlson. R. ferry AWn Notary "fc, �9 }�Stow otTex" NotaryPublic, State of xas c Comm. �. t1�13.1� STATE OF TEXAS. § COUNTY OF WILLIE V SON § This i� ent s acknowledged before me on this the of February, 2011, by Nancy Davis Cirlson:• R, Horry`Akin � M Notary P q .� State of Texasexas PARCEL C1 I Page 1 of 3 EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 0.547 ACRE (23,826 SQUARE FOOT), �? TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 24.230 ACRE TRACT OF LA O. CONVEYED TO MILTON D. CARLSON, BY INSTRUME 'F? RECORDED IN VOLUME 725, PAGE 655 OF THE DE - t7� RECORDS OF WILLIAMSON COUNTY, TEXAS, SAIDA 0. ACRE (23,826 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS A FOLLOWS: �. BEGINNING at a 1/2" iron rod found, being the northwest corn6 f saW124.230 acre tract, same being the northeast corner of that 6.061 acre tract of land,. -come fotd R. Wallace and wife Cathie Wallace, by instrument recorded in Volume 795 Pjll age<384 of the Deed Records of Williamson County, Texas, also being the southerly right -ofd q �e of the Georgetown Railroad (right-of-way width 100') for the northwest corner of the h 'n•described tract; 1) THENCE, with the southerly rig ht-of-way--rtinl�l-'af sa . Georgetown Railroad, same being the northerly boundary line Yf taid--24,230- acre tract, along a curve to the right, having a radius of 5,634.03 feet, a central angle of 00°12'22", a chord which bears N 54038'49" E, a distance of 20.26 feet, with an arc length of 20.26 feet, to a calculated point for the northeast corner, MFia herein described tract; THENCE, departing the southerly right-ofway line of said Georgetown Railroad, through the interior of said 24.230 acre tract; the fol('"ing two (2) courses: 2) S 26°10'55" E for a�istah�o of 565.22 feet to a calculated point for an angle point of the herein describedtN It;,^f 3) S 51 08 03 foridistahbe of 627.39 feet to a calculated point, being the southerly boundary 1' ofs id -.24;230 acre tract, same being the northerly boundary line of that 10.00 cj,, tracf'of4afid conveyed to Nathan Scott Robins et ux, by instrument recordn b mNo. 2004044048 of the Official Public Records of Williamson County,•„; as, f�hi e southeast corner of the herein described tract; 4) THENC , with toe southerly boundary line of said 24.230 acre tract, same being the northrly bb n, dary line of said 10.00 acre tract, S 62°04'45” W, a distance of 21.76 tb feet, .1 iron rod found, being the southwest corner of said 24.230 acre tract, sar , mg the southeast corner of that 15.057 acre tract of land conveyed to Mark Shepherd and Jane Shepherd, by instrument recorded in Document No. 1 7043619 of the Official Public Records of Williamson County, Texas, same being an angle point in the northerly boundary line of said 77.29 acre tract, for the sputhwest corner of the herein described tract; PARCEL C1 Page 2 of 3 5) THENCE, departing the northerly boundary line of said 77.29 acre tract, with the westerly boundary line of said 24.230 acre tract, same being the easterly boundary line of said 15.057 acre tract, N 51008'03" W for a distance of 623.23 feet to an iron rod found, being the southeast corner of said 6.061 acre tract, same being the northeast corner of said 15.057 acre tract, for an angle point of the herein described - tract; 6) THENCE, continuing with the westerly boundary line of said 24.230 acre• r51c ; aNe being the easterly boundary line of said 6.061 acre tract, N 26010'.65" r a distance of 566.42 feet to the POINT OF BEGINNING, containing. 0-� 7 ores (23,826 square feet) of land, more or less. _� NOTE: This parcel is accompanied by a Temporary ConstructiO (Easierhpnt (TCE) being generally easterly of courses two (2) and three (3) from the metes•ap&bounds description there of and depicted in the parcel plat. The TCE emanates from a point -in th"Wherly right-of-way line of said Georgetown Railroad, being N 55033'13" E for a distance pf 158.06 feet, from the northeast corner of herein described parcel. The TCE departs slid- ;dutherly right-of-way line and through said 24.230 acre tract the following courses: S 26°10'55" E for a distance of 163.88 feet to a point for angle; S 63°49'05" W for a distance of 141.42 feet to a point for angle; Thence, 15 feet in width, easterly of, adjacent with the southerly remainder of course two (2) and all of course three (3) terminating,,, n the northerly boundary line of said 10.00 acre tract described herein. The TCE will encompass an area of 39,685 square feet. All bearings recited herein are based n the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompgr led) by a separate plat. That I, M. Stephen Truesdale,-a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described Oer@in Was determined by a survey made on the ground under my direction and supervision. WITNESS MY'RAI UAOE�SEAL at Round Rock, Williamson County, Texas. M. Ste hen sdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 C�isholm Trail Road Suite 1 3 Round Rock, TX 78681 512-238-1200 Date EXHIBIT..:, PLAT TO ACCOMPANY DESCRIPTION 09 50 0 50 100 P'�,� <1 �0• r SCALE 1" = 100' (� Q,a�� P.O.B. LEGEND 9 1/2" IRON ROD FND CALCULATED POINT Q IRON ROD FOUND CAPPED O IRON ROD FOUND W/ TXDOT ALUMINUM CAP ■ TYPE I CONC MARKER FND I� PROPERTY LINE —�— EDGE OF PAVEMENT —OE— OVERHEAD ELECTRIC LINE — X — WIRE FENCE WILLIAMSON COUNTY, TEXAS GUY ANCHOR P.R.W.C.T. PLAT RECORDS POWER POLE 1_ SIGN 0 LIGHT POLE ®❑ PULL BOX 1s ED R. WALLACE AND WIFE, CATHIE WALLACE (6.061 AC.) VOL. 795 PG. 384 D.R.W.C.T. O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS LINE TABLE WILLIAMSON COUNTY, TEXAS NO. O.R.W.C.T. OFFICIAL RECORDS LI WILLIAMSON COUNTY, TEXAS 565.22' D.R.W.C.T. DEED RECORDS S 51008'03° E WILLIAMSON COUNTY, TEXAS L3 P.R.W.C.T. PLAT RECORDS 21.76' WILLIAMSON COUNTY, TEXAS 51°08'03" W, PROPOSED sad TEMPORARY V (p_ CONSTRUCTION 1 EASEMENT (39,685 S0. FT.) ANT LINE TABLE NO. DELTA I NO. BEARING iDISTANCE LI S 26010'55" E 565.22' L2 S 51008'03° E 627.39' L3 S 620000",-W ",-W 21.76' L4N 51°08'03" W, 623.23' LS I N 26010'55"' W X466.42' ANT 0.547 ACRES 23:1326 SQ. FT - NOTES: 1) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENNTTRAL ;LONE; USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBR,4,nS-PO THIS TRACT THAT ARE NOT DEPICTED HEREON. _I STATE OF TEXAS. COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST CIF' MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, r M. ST tPH N T UESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE. LANIJ'S.URVEYOR INLAND GEODETIC .LP 1504 Ct-RISHOLM TRAIL., RD. SUITE 103 ROUND ROCK, TX 78581 I N -LAN D GEODETICS 41 PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE, 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 ki MIL TON D. CARL SON (24.230 AC.) VOL. 725 PG. 655 D. R. W. C. T. \ MARK SHEPHERD B JANE SHEPHERD (15.057 AC.) DOC. NO. 2007043619 O.P.R.W.C.T. PROPOSED TEMPORARY CONSTRUCTION \ EASEMENT (39,685 S0. FT.) \ J�L /?1� TEXAS. L� - NATHAN SCOTT ROBINS, ET UX (10.00 ACA DOC. NO. 2004044048 \ O.P.R.W.C.T. DAVID M. ROBINS, IRA (77.29 AC.) DOC. N0. 2004044048 PARCEL Cl 0.547 ACRES 23,826 SQUARE FEET PAGE 3 OF 3 - - CURVE 'FABLE NO. DELTA I R4DIUS\ \ ARC CHORD I BEARING Cl 00012'22" `5.634.03' 2-b.26' 20.26' IN 54038'49" E C2 OI036'271^ .56.54:03 158.06' 158.06' I N 55033'13" E 0.547 ACRES 23:1326 SQ. FT - NOTES: 1) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENNTTRAL ;LONE; USING A COMBINED SURFACE ADJUSTMENT OF 1.00011 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBR,4,nS-PO THIS TRACT THAT ARE NOT DEPICTED HEREON. _I STATE OF TEXAS. COUNTY OF WILLIAMSON THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST CIF' MY KNOWLEDGE AND BELIEF. WITNESS MY HAND AND SEAL AT ROUND ROCK, WILLIAMSON COUNTY, r M. ST tPH N T UESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE. LANIJ'S.URVEYOR INLAND GEODETIC .LP 1504 Ct-RISHOLM TRAIL., RD. SUITE 103 ROUND ROCK, TX 78581 I N -LAN D GEODETICS 41 PROFESSIONAL LAND SURVEYORS 1 504 CHISHOLM TRAIL RD. STE, 103 ROUND ROCK, TX. 78681 PH. (512) 238-1200, FAX (512) 238-1251 ki MIL TON D. CARL SON (24.230 AC.) VOL. 725 PG. 655 D. R. W. C. T. \ MARK SHEPHERD B JANE SHEPHERD (15.057 AC.) DOC. NO. 2007043619 O.P.R.W.C.T. PROPOSED TEMPORARY CONSTRUCTION \ EASEMENT (39,685 S0. FT.) \ J�L /?1� TEXAS. L� - NATHAN SCOTT ROBINS, ET UX (10.00 ACA DOC. NO. 2004044048 \ O.P.R.W.C.T. DAVID M. ROBINS, IRA (77.29 AC.) DOC. N0. 2004044048 PARCEL Cl 0.547 ACRES 23,826 SQUARE FEET PAGE 3 OF 3 h FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2011015855 03/09/2011 03:44 PM CPHELPS $36.00 NANCY E. RISTER, COUNTY CLERK UILLIAMSON COUNTY, TEXAS