Loading...
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 CoG Map Quad M-53 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 N47'11'31 "W-44 / 0.9, DELTA=51'10' R=6.6' A=5.9' -� CH=5.7' CB=N10'04'W P.O.B. PART 1 PLA T TO 4 I� m rAIL "A" TO WALE BUILDING P.O.B. PART 2 DELTA=35'37' O• Kati R=6.6' A=4.1' I� b CH=4.0' �I CB=S88'41'30"W DETAIL "B" I., �Is NOT TO SCALE (Y k I.OT � 44. L1 rM o BUILDING FACE DETAIL "C" NOT TO SCALE LINE TABLE NO. BEARING DISTANCE L1 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. (` �c LL. 0 i NOl W 3.4' i M- )~ ~ (30') (20') '1 �� JfMP 1 I —j ROW ILAAODUR 01.OG CLUMENT STU�BnI.rr•]RLD SUR ABSTRACT NO. 558 I 1 STORY ro LIMESTONE I Q ~ �D N CL 0 / 0/ .i x N I .. PART 1 j l z o Q 141 SQ. FT.co N I to cD IO W �0 f CITY COUNCIL 0 BUILDING + I 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— + V7 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.