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Home My WebLink AboutRES 102219-AA - Temp Access EsmtRESOLUTION NO. OZZ l- 0- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE RELEASE OF A PORTION OF THE TEMPORARY ACCESS EASEMENT AS GRANTED IN THE TEMPORARY EMERGENCY ACCESS EASEMENT RECORDED IN DOCUMENT NUMBER 2017118606, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.Wi1Co.TX). WHEREAS, the City of Georgetown has received a request from Lennar Homes of Texas Land and Construction, Ltd., a Texas limited company, owners of that approximately 23.95 acre tract of land described in Document No. 2019012600 of the O.P.R.Wi1Co.TX (the "Property"), for the release of a portion the subject easement located thereon as described in Document No. 2017118606 of the O.P.R.Wi1Co.TX attached hereto; and WHEREAS, the purpose of the easement is to allow access by the City of Georgetown, its employees, agents, etc. to provide emergency services to a tract adjoining Lennar's proeprty, as described Document No. 2017118606 of the O.P.R.Wi1Co.TX; and WHEREAS, the landowner is in the process of platting and developing the Property, including the dedication of public rights of way; and WHEREAS, said rights of way would allow similar and alternative access to the neighboring tract and render the existing easement unnecessary; and, WHEREAS, portions of the existing easement cross multiple planned lots and impede construction and development of those lots; and WHEREAS, the landowner has requested confirmation of the release of the portion of the easement area as described as described in Exhibit "A" attached hereto and incorporated herein, and termination of the associated rights, pursuant to the terms of the subject easement agreement, which terminates the rights of access granted therein upon provision to, and acceptance by, the City of sufficient access as to provide all weather, unimpeded access to the neighboring tract; and, WHEREAS, upon considering the request for release and abandonment of the subject easement and additional information pertaining to the request, the City Council finds that a public need for the portion of the subject easement described in Exhibit "A" will longer exist once the new public rights of way, known as Doc Lynx Rd., Gabriel's Bluff Drive, Blanco Vista, Akela Way, and Rio Frio Lane, and depicted in that GEORGETOWN 120 FINAL PLAT currently in review with the City of Georgetown Planning Department, have been dedicated and that such easement may then be vacated and abandoned; and Resolution No. I b ?-P- \!?% - 6A Description: Temp. Emergency Access Easement, Gtown 120 PUD, CoG Map Quad 0-54/0-55, 200-7000-0008 Date Approved: &.'tL-hyrC Page 1 of 2 WHEREAS, the City Manager, or his designee, has reviewed this request and has no objection to the release and abandonment of the subject easements, subject to the conditions described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: 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 "B", and any other document(s) necessary to complete the vacation and abandonment of the easements described herein, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown, subject to the establishment of replacements easement. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this � day of DeAQWC, 2019. CITY OF GEORGETOWN ATTEST: By: <�&4 Dale Ross, Mayor Robyn Den more, City Secretary APPROVED AS TO FORM: I Charlie McNabb, City Attorney Resolution No. _ b� q — Ak Description: Temp. Emergency Access Easement, Gtown 120 PUD, CoG Map Quad 0-54/0-55, 200-7000-0008 Date Approved:&AP.[ Z-23 7-01 IL— Page 2 of 2 EXHIBIT "A" BEING a portion of that 0.929-acre Temporary Emergency Access Easement (the "Temporary Easement") upon, over, and across land in the William Addison Survey, Abstract 21, in Williamson County, Texas, as described in that certain Temporary Emergency Access Easement recorded as Document No. 2017118606, Official Public Records of Williamson County, Texas; said portion being all of the Temporary Easement lying upon, over, and across that 23.954 acres of land as described in the Special Warranty Deed recorded as Document No. 2019012600, Official Public Records of Williamson County, Texas. 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 of Texas Land and Construction, Ltd., a Texas limited company GRANTEE'S Mailing Address (including County): 12401 Research Blvd, Bldg. 1-300, Austin, Travis County, Texas 78759 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a portion of that 0.929-acre Temporary Emergency Access Easement upon. over, and across land in the of William Addison Survey, Abstract 21, in Williamson County, Texas, as more fully described 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. Quitclaim Deed Temp. Emergency Access Esmnt 2017118606 Gtown 120 PUD, 200-7000-0008 CoG Map Quad J-53/0-54 Page 1 of 2 EXECUTED this the day of , 2019. GRANTOR CITY OF GEORGETOWN Dale Ross, Mayor STATE OF TEXAS ) COUNTY OF WILLIAMSON ) ATTEST: Robyn Densmore, 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 , 2019. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed Temp. Emergency Access Esmnt 2017118606 Gtown 120 PUD, 200-7000-0008 CoG Map Quad J-53/0-54 Page 2 of 2 [Exhibit "A" to Quitclaim Deed] Exhibit "A" to the Quitclaim Deed is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording.