HomeMy WebLinkAboutORD 2019-35 - Abandonment & Quitclaim DeedORDINANCE NO. 2- ` !, _35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
CLOSING A PORTION OF MAIN STREET BETWEEN 6T" AND 7TH STREETS,
AND A PORTION OF 7TH STREET BETWEEN MAIN AND CHURCH
STREETS; PROVIDING FOR THE ABANDONMENT BY QUITCLAIM DEED
OF THOSE PORTIONS OF MAIN STREET AND 7T" STREET; 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 (the "City") has received a request from Main and 7th, LLC
(the "Applicant") to vacate and abandon portions of Main Street, between 6" and 711 Streets, and 7" Street
between Main and Church Streets as described in Exhibit `A ", attached hereto. The request is pursuant to
the purchase of the building located at 101 E. 7" Street, by the Applicant from the City, a portion of which
is constructed within the rights of way now requested to be abandoned.
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 8th day of May, 2019, and
the 28th day of May, 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.
SECTION 2. That the streets, alleys, road widening easements and/or public rights -of -way
generally described above, being more fully described by metes and bounds with diagram on Exhibit
A "" 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.
CoG Map Quad M-53
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.
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 "B" 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 the edday of 1A A , 2019.
PASSED AND APPROVED on Second Reading on theZ�y of , 2019.
ATTEST:
Ro yn De omore, City Secretary
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
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THE CITY OF G/�EORGETOWN:
By: L"
Dale Ross, Mayor
04-25-2019
Page 1 of 3
EXHIBIT
County: Williamson
Parcel: City of Georgetown, Block 39
City Council Lot
Building Encroachments
DESCRIPTION FOR PART 1 & 2
DESCRIPTION OF TWO PARCELS OF LAND TOTALING 173 SQUARE FEET SITUATED IN THE CLEMENT
STUBBLEFIELD SURVEY, ABSTRACT NO. 558, WITHIN THE CITY OF GEORGETOWN IN WILLIAMSON COUNTY,
TEXAS, SAID PARCELS BEING THE PORTIONS OF AN EXISTING BUILDING (1 STORY LIMESTONE STRUCTURE —
CITY COUNCIL BUILDING) FOUND TO BE ENCROACHING ONTO MAIN STREET (PART 1) AND ONTO EAST 71h
STREET (PART 2). SAID EXISTING BUILDING IS SITUATED IN THE WESTERLY PORTION OF LOTS 2 AND 3 OF
ORIGINAL BLOCK 7, AS SHOWN ON MAP OF GEORGETOWN FILED IN VOLUME 5, PAGE 211 OF THE PLAT
RECORDS OF WILLIAMSON COUNTRY, TEXAS, NOW BEING BLOCK 39 AS DEPICTED ON THE REVISED MAP OF
GEORGETOWN (UNRECORDED ) AND DESCRIBED AS BEING ALL OF TRACT I AND TRACT II IN DEED TO THE
CITY OF GEORGETOWN, TEXAS, RECORDED IN VOLUME 508, PAGE 41 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID (173 SQUARE FOOT) PARCELS OF LAND BEING MORE PARTICULARLY DESCRIBED AS
PART 1, CONTAINING (141 SQUARE FEET) OF LAND AND PART 2 CONTAINING (32 SQUARE FEET) OF LAND AND
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
PART 1 (141 SQUARE FEET)
COMMENCING at a Mag Nail with washer stamped "INLAND 5050" set, being the intersection of the existing northerly
Right -of -Way (ROW) line of E. 7rh Street (80' ROW width) and the existing easterly ROW line of Main Street (80' ROW
width), same being the southwesterly corner of said Lot 2 and said Block 39, also being the southwesterly corner of said
Tract I;
THENCE, departing said E. 71 Street, with said existing easterly ROW line of Main Street, same being the westerly
boundary line of said Lot 2, Block 39, also being the westerly boundary line of said Tract I, N 02°16'09 W, for a distance of
3.4 feet to intersect with a curving portion of said building, for the POINT OF BEGINNING of the herein described tract;
THENCE, departing said Lot 2, with the westerly encroaching building face, into said Main Street, the following four (4)
courses:
1) along said curve to the right, having a delta angle of 61010', a radius of 6.6 feet, an arc length of 6.9 feet and a
chord which bears N 10*04' W, for a distance of 6.7 feel to a calculated point of non -tangency;
2) N 47°11'31" W, for a distance of 0.9 feet;
3) N 02°11'31" W, for a distance of 100.6 feel to the northwesterly building corner, for the northwesterly corner of the
herein described tract;
4) N 87°48'42" E, for a distance of 1.3 feet to the intersection of the northerly building face and said existing easterly
ROW line of Main Street, same being in the westerly boundary line of said Lot 3, for the northeasterly corner of the
herein described tract, and from which, a Mag Nail with washer stamped "INLAND 5050" set, being the
northwesterly corner of said Lot 3 and said Tract I, sarne being the southwesterly corner of Lot 6, Block 39, also
being the southwesterly corner of Tract I, described in Warranty Deed to the City of Georgetown recorded in
Document No. 9626182 of the Official Records of Williamson County, Texas, bears N 02°16'09" W, at a distance of
9.85 feet;
5) THENCE, with the westerly boundary line of said Lot 3, Lot 2 and Tract 1, same being said easterly ROW line of
Main Street, through the interior of said building, S 02°16'09" E, for a distance of 106.8 feet to the POINT OF
BEGINNING, containing (141 square feet) of land, more or less.
Page 2 of 3
PART 2 (32 SQUARE FEET)
COMMENCING at a Mag Nail with washer stamped "INLAND 5050" set, being the intersection of the existing northerly ROW
line of E. 71h Street (80' ROW width) and the existing easterly ROW line of Main Street (80' ROW width), same being the
southwesterly corner of said Lot 2 and said Block 39, also being the southwesterly corner of said Tract I;
THENCE, departing said Main Street, with said existing northerly ROW line of E. 71h Street, sarne being the southerly
boundary line of said Lot 2, Block 39, also being the southerly boundary line of said Tract I, N 87°53'51" E, for a distance of
4.4 feel to intersect with a curving portion of said building, for the POINT OF BEGINNING of the herein described tract;
1) THENCE, continuing with the southerly boundary line of said Lot 2, same being the southerly boundary line of said
Tract I and a portion of the southerly boundary line of said Tract II, same being said northerly ROW line of said E.
71h Street, through the interior of said building, N 87043161" E, for a distance of 44.4 feet to a point in the easterly
face of said building, for the northeasterly corner of the herein described tract, and from which a Mag Nail with
washer stamped "INLAND 5050" set, being the southeasterly corner of said Tract II, same being the southwesterly
corner of that called 26.8' X 120' tract of land described in Warranty Deed to Susan R. Garrett recorded in Volume
662, Page 871 of the Deed Records of Williamson County Texas, bears N 87°43'51" E, at a distance of 1.4 feet;
THENCE, departing said Lot 2, with the easterly and southerly encroaching building face, into said E. 71h Street, the
following four (4) courses:
2) S 02.1 VO4" E, for a distance of 0.8 feet to the southeasterly corner of said building, for the southeasterly corner of
the herein described tract;
3) S 87°47'16" W, for a distance of 39.7 feet;
4) N 47*12'44 W, for a distance of 1.0 feet to a point at the beginning of a curving portion of said building;
5) along said curve to the right, having a delta angle of 35°37', a radius of 6.6 feet, an arc length of 4.1 feet and a
chord which bears S 88°41'30" W, for a distance of 4.0 feet to the POINT OF BEGINNING, containing (32 square
feet) of land, more or less.
Note: Building encroachments includes an attached 6' awning as shown on the accompanying parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXASt 6
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Lawrence M. Russo, 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 on the ground under my direct
supervision.
WITNESS MY HAND AND SEAL at
--- • �s J 17.
l.aw nce M. Russo
F Istered Professional Land Survey
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Rock, Williamson County, Texas.
S:\—CITY OF GTOWNIBLOCK 39\PARCELICOG-BLOCK 39-COUNCIL LOT-BUILDING-ENCROACHMENTS.doe
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DELTA=51'10'
R=6.6'
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CH=5.7'
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PART 1
PLA T TO
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P.O.B.
PART 2
DELTA=35'37' O• Kati
R=6.6'
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CB=S88'41'30"W DETAIL "B"
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LINE TABLE
NO.
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DISTANCE
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N87'43'51"E
1.4'
L2
S02'11'04"E
0.8,
L3
NO2'16'09"W
9.85'
ACCOMPANY DESCRIPTION CITY OF EO'RCEOW N
TRACT4 MAP OF LOTS 6 & /, BLOCK 39
GEORGETOWN TEXAS L 0 / D TRACT 2
WEST 60' LOTS 5 & 8, BLOCK
Vol. 5, Pg. 211, P.R. W. C, T.
1- Revised: Dated Jan. 1915 DOC. No. 9626182
N (Unrecorded) i> 0.R.W.C.T. (`
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ABSTRACT NO. 558
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141 SQ. FT.co
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0 BUILDING +
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CITY OF GEORGETOWN
TRACT l (120' X 30') &
TRACT 11 (120' X 20 )
0 VOL. 508, PG. 41
0 D. R. W. C. T.
I— +
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w LOl_ 2_
SEE DETAIL "A" `Z1397'
SEE DETAIL "B"
N87'43'51"E
L SR7'47 16' W
P. O. C. �.-- f � 2)
I HEREBY CERTIFY THAT THIS PLAT IS TRUE N875s'.�1 E .—
AND CORRECT AND THAT THE PROPERTY SHOWN
HEREON WAS DETERMINED BY A SURVEY MADE
ON fE GROUND UNDER MY DIRECT SUPERVISION.
Co 9 '
RENCE M, RUSSO ATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5050
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCI(, TX 78681
f
1 LEGEND
® COTTON GIN SPINDLE W/
WASHER STAMPED "INLAND
5050 SET
® MAC NAIL W/WASHER
STAMPED "INLAND 5050"
SET
Q CALCULATED POINT
P.O.B. POINT OF BEGINNING
D.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY,
TEXAS
D.R.W.C.T- DEED RECORDS
WILLIAMSON COUNTY,
TEXAS
'.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY,
TEXAS
"C;l
!_0/ 2 (46'7")
t� EXIST. ROW
BUILDING FACE
E. 7(h STREET
(80' Right -of -Way Width)
04/24/2019
I N 1_ A N Du CITY OF GEORGETOWN, TEXAS
GEODETICS 101 E. 7TH STREET
PROFESSIONAL LAND SURWYOR CITY OF GEORGETOWN, TEXAS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH,012)238-1200,FAX(512)238-12S1 SCALE WILLIAMSON
FIRM REGISiAAT10N NO. 100591-00 1 " = 20, PAGE 3 OF 3 COUNTY
BUILDING
ENCROACHMENTS
CITY COUNCIL BUILDING
ON LOTS 2 & 3
BLOCK 39
CITY OF GEORGETOWN
C•N rITV nF rTmomm nne ioNDARfFI vnr-RI nrK -Aq RI III I11Nr, FNrR0A('HMFNT1;ri,Ln
EXHIBIT "B"
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: Main and 7th, LLC, a Texas limited liability corporation
GRANTEE'S Mailing Address (including County): 244 Gabriel Woods Drive,
Georgetown, Williamson County, Texas, 78633
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING all those portions of Main and Th Streets, as described by metes
and bounds with diagram in Exhibit "A", attached hereto and
incorporated herein.
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 M-53
Main and 7"' Streets Pagel of 2
EXECUTED this the day of , 2019,
GRANTOR ATTEST:
CITY OF GEORGETOWN
BY: A ""'` CL" 1m A- A.'X A4U4)�
Dale Ross, Mayor Robsmore, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi&"ay o
2019.
LINDA RUTH WHITE
My Notary ID # 124936123
W.
Expires May 24, 2020
Nota.S4 Public, St to of Texas
APPROVED AS TO FORM:
Charlie McNabb, City A torney
CoG Map Quads M-53
Main and 71" Streets Page 2 of 2
[Exhibit "A" to Quitclaim Deed]
Exhibit "A" to the Quitclaim Deed is heretofore attached as Exhibit "A" to the foregoing Ordinance and
will be attached accordingly to the original Quitclaim Deed prior to execution and recording.