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HomeMy WebLinkAboutORD 2019-09 - Abandoning part of E 6th StORDINANCE NO. 2 0 1 — d 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN PROVIDING FOR THE CLOSURE AND 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 a request to abandon the street, alley, and/or public right-of-way of East 6`h Street between Pine Street (Taylor Street) and East 7th Street (San Gabriel Street); 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 6th day of February, 2019, and the 20th day of February, 2019, 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. Pagel of 3 SECTION 2. That the above described street, alley, and/or public right-of-way, being also generally depicted on Exhibits "A " and -B " attached hereto and made a part of this ordinance for all purposes, is, 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 street, alley, and/or public right-of-way is not needed for public purposes and it is in the public interest of the City of Georgetown to abandon said street, alley, and/or public right-of-way. 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 thejL' day of , 2019. PASSED AND APPROVED on Second Reading on the.A�Nay of '2019. ATTEST: By: Z" *Ii�'- AAJ&J1j Robyn ensmore, City Secretary THE CITY OF GEORGETOWN: By: (Iv6t tl Dale Ross, Mayor Page 2 of 3 APPROVED AS TO FORM: f. By: �. Charlie McNabb, ity Attorney Page 3 of 3 HI)4rMs , - ' " � - , 0 S:j4 , t�n gm EL 1) N: RESU B R047370 44. V) -19 R'O 4 65 ESLIB )TH ST RO 731�2 I IIIA.I_kDDN- HR DDN R306765 LU 6 9 z CL ANON—' R04?374 APortion of East 6th street to be closed R405682 RU41499 ADI N I L DrI_A4A7K.. Ali Ex. A.- Portion of E 61h St to be Closed Web Writ: 0'4"377`.G79Inpr.2, CC t­� Mx, e.�.trpr­w -rk_"c 0 94 -6mimmmmod FDE4 AM 4ghls re-wrA.42 R047371D TH ST V, P P I w 0 CC 8047372 P me R047305 16 MLLADDN (E F2 BLK 16 R466497 Ui Z ST ST 8047374 Abandoned to 17 --,--Williamson Count T: 1� 17, R041490 R 44147 R041489 r - SHELL ADDN RESUB 2 1 L 5TH ST r- 501 St 12 Y %V R405682 J Ex. 0: E ft Street ROW Abandonment iris -ap r, ,: 4 r'g.r . 7 a! rJ 'ay. _ ort: a:t ^=m _n) an ac rrr,. ma:,, rg ;at arc --s in r ­� a -v-_n on k. uma a-'er, —2f Web Print 04104eA)19 a; P.a. - lr-mai ro -17 Cv.' W.%fcv. I Foch t' a]19 Sidbell. All 691ntr, mmvad 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: 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: Williamson County, Texas, a political subdivision of the State of Texas GRANTEE'S Mailing Address (including County): 710 Main Street, Suite 101, Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of Block No. Thirteen (13) in Shell's Addition to the city of Georgetown, Williamson County, Texas, as shown by the Plat of said Addition recorded in Cab. A Slide 40B, of the Official Public Records of Williamson County, Texas, and being the same land heretofore conveyed to Williamson County, Texas, by deed dated August 30, 1916, and recorded as Document No. 191601901 in the Deed 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. EXECUTED this the day of GRANTOR CITY OF GEORGETOWN BY: 4.y, C L Dale Ross, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON 2019. ATTEST: Robyn Erensmore, 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 thi "s tay"4-1, 2019. ; : LINDA RUTH WHITE ;: *_ My Notary ID # 124936123 pe�, 10 W Expires May 24, 2020 APPROVED AS TO FORM: City Attorney Quitclaim Deed abandoning Block 13 in Shell's Addition Page 2 of 2 L 4�z ota y Public, Shte of Texas