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HomeMy WebLinkAboutRES 111219-J - Abandon Utility EasementRESOLUTION NO. I I I211 '5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN VACATING AND ABANDONING A 0.02 ACRE UTILITY EASEMENT (THE UTILITY EASEMENT), ACROSS LOT 6, BLOCK 20, ALSO CALLED LOT 16 BLOCK "U", SOUTH SAN GABRIEL URBAN RENEWAL ADDITION, AN UNRECORDED SUBDIVISION, AND BEING THE EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN A DOCUMENT RECORDED IN VOLUME 514, PAGE 242 OF DEED OF RECORDS OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, the City of Georgetown ("City") has received a request from Justin Marshall and wife, Michelle Marshall, the current owners of Lot 6, Block 20 (also called Lot 16 Block "U"), the property encumbered by the above described Utility Easement. The size of the existing Utility Easement is such that it inhibits the use of part of their property; and limits future development. The 0.02 acre portion of the easement requested to be abandoned and vacated is described by the metes and bounds with sketch on Exhibit "A" attached hereto (the "Property'); and WHEREAS, upon considering the request for vacation and abandonment of the subject Utility Easement and additional information pertaining to the request, the City Council finds that a public need for the areas sought to be vacated and abandoned no longer exists and that said Easement may be vacated and abandoned pursuant to City Ordinance No. 2009-47 relating to disposition of City property; and WHEREAS, nothing herein shall operate to vacate or abandon any other easement, nor any portion of the Utility Easement not herein described. 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 conveyance Resolution No. I I 1 2 1 q- S Description: Vacation and abandonment of 0.02 acre Utility Easement Lots 6, Block 20, San Gabriel Urban Renewal Addition, CoG Map Quad M-54; ABD-2019-024 Date Approved: %\ lit I Z01 1 Page 1 of 2 document(s) necessary to complete the vacation and abandonment of the Utility Easement described herein and the City Secretary is 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: Y it 2;i4 Dale Ross, Mayor APPROVED AS TO FORM: Charlie cNabb, ity Attorney STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: Robyn De smore, 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. 4 GIVEN UNDER MY HAND AND SEAL OF OFFICE this �-ay of*"419. LINDARUTHWHITE Notary biic, State f Texas My Notary ID # 124936123 ;ra E-pires May 24, 2020 aF.. nn.e�v Resolution No. I t a La - :5 Description: Vacation and abandonment of 0.02 acre Utility Easement Lots 6, Block 20, San Gabriel Urban Renewal Addition, CoG Map Quad M-54; + ABD-2019-024 Date Approved: -1 l 1I.. I ?, 01 Page 2 of 2 AFTER RECORDING, RETURN TO: City of Georgetown ATTN: Real Estate Services 300-1 Industrial Ave. Georgetown, Texas 78626 Resolution No. Description: Vacation and abandonment of 0.02 acre Utility Easement Lots 6, Block 20, San Gabriel Urban Renewal Addition, CoG Map Quad M-54; ABD-2019-024 Date Approved: Page 3 of 2 EXHIBIT "A" FIELD NOTES JOB NO. 191017 DATE: SEPTEMBER 24, 2019 PAGE 1 OF 2 Field notes to accompany exhibit. 0.02 ACRES BEING 0.02 ACRES OF LAND, MORE OR LESS, OUT OF THE N. PORTER SURVEY, ABSTRACT NO. 497, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 6, BLOCK 20, OF THE CITY OF GEORGETOWN, ALSO CALLED LOT 16, BLOCK "U", OF SOUTH SAN GABRIEL URBAN RENEWAL ADDITION, AN UNRECORDED SUBDIVISION, ALSO BEING A PORTION OF THAT TRACT CONVEYED TO JUSTIN MARSHALL AND MICHELLE MARSHALL, BY DEED RECORDED IN DOCUMENT NO. 2019093738, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. AND BEING THAT EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN A DOCUMENT RECORDED IN VOLUME 514, PAGE 242 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. As surveyed on the ground by Texas Land Surveying, Inc. on September 41h, 2019, and further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with no cap found in the east line of West Street for the southwest corner of that tract conveyed to Fred Bass, et ux, by deed recorded in Volume 589, Page 409, Deed Records, Williamson County, Texas, for the northwest corner of said Marshall (#2019093738) tract, said City of Georgetown easement tract, and this tract, THENCE: N 87°59'04" E 120.39 feet in part with the south line of said Bass tract and with the north line of said Marshall (#2019093738) tract and said City of Georgetown easement tract to a 1 /2 inch iron rod found, marking the southeast corner of a tract conveyed to Sidney Clark, et ux, by deed recorded in Volume 599, Page 361, of said Deed Records, also marking the southwest corner of a tract conveyed to Rosa Garcia Alvarez, by deed recorded in Document No. 2003068304, of said Official Public Records, also marking the northwest corner of a tract conveyed to Chloannah, LLC, by deed recorded in Document No. 2018030738, of said Official Public Records, for the northeast corner of said Chloannah (2018030379) tract, said City of Georgetown easement tract, and this tract; THENCE: S 01°37'56" E 8.00 feet with the west line of said Chloannah (#2018030738) tract and the east line of said Marshall (#2019093738) tract, and said City of Georgetown easement tract, to a calculated point for the southeast corner of said City of Georgetown easement tract and this tract, from which a 1 /2" iron rod with no cap found for the southeast corner of said Marshall (#2019093738) tract bears: S 01 °37'56" E 51.58 feet; THENCE: S 87°59'04" W 120.32 feet crossing said Marshall (#2019093738) tract with the south line of said City of Georgetown easement tract to a calculated point on the east line of said West Street, the west line of said Marshall (#2019093738) tract, being the southwest corner of said City of Georgetown easement tract and this tract, from which a 1 /2" iron rod with no cap found for the southwest corner of said Marshall (#2019093738) tract bears: S 02°05' 45" E 51.85 feet; THENCE: N 02°05'45" W 8.00 feet to the Point of Beginning. Bearings cited hereon based on Grid North Texas State Plane Coordinate System (Central Zone) NAD83/93 Kenneth Louis Crider, R.RL.S. No. 5624 Texas Land Surveying, Inc. 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 S'UrN gz(sun)�t'n�, Jnc. Suite 903 — Georgetown, Texas 78628 1-1600 www.texas-is.com S FIRM No. 10056200 BEING 0.02 ACRES OF LAND, MORE OR LESS, OUT OF THE N. PORTER SURVEY, ABSTRACT NO. 497, JOB NO: 191017 WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 6, BLOCK 20, OF THE CITY OF GEORGETOWN, DRAWN: JRB ALSO CALLED LOT 16, BLOCK "U", OF SOUTH SAN GABRIEL URBAN RENEWAL ADDITION, AN UNRECORDED SUBDIVISION, ALSO BEING A PORTION OF THAT TRACT CONVEYED TO CHLOANNAH, LLC, BY DEED PAGE 2 OF 2 RECORDED IN DOCUMENT NO. 2018030739, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. EXHIBIT "B" + ROSA GARCIA ALVAREZ CHLOANNAH, LLC GERALD J. #2003068304 #2018030738 D'ANGELO 0. P. R. W. C. 0. P. R. W. C. #201 4070276 00' (SOUTH 60.00) 0.P.R.W.C. _S 01'37'56" E —CAPCULATED 51.58' AniNr SIDNEY CLARK, ET U X V.599/P.361 D.R.W.C. O 0 NW ht QO al I� 0D M FRED BASS, ET UX V.589/P.409 D.R.W.C. POINT OF BEGINNING F- Z W �F I--, W N Q N N W d O W N Z J � �> 3 w Q � 3: O rn LO 00 In Q V) it) LD 0) JUSTIN MARSHALL, & MICHELLE MARSHALL (LOT 6, BLOCK 20) DOCUMENT NO. 2019093738 0.P.R.W.C. E CONC. B �ONC. 1LATED STEPS _ 51 .85' N 02'05'45" W (NORTH 60.00) LEGEND — 1 /2- IRON ROD FOUND UNLESS OTHERWISE NOTED 1/1 PAVEMENT cQ, UTILITY POLE — E — ELECTRIC LINES —E7— E1-EC7RIC77ELEPHDNE LINES — T — TELEPHONE LINES s I SIGN RECORD INFORMATION D-R.w-c DEED RECORDS OF WILLIAMSDN COUNTY TEXAS D.P. R-w.c. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS JOSE RODRIGUEZ, ET U X #2003074710 O.P.R.W_C. Scale: 1" = 20' BEARINGS CITED HEREON BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983/93, TEXAS CENTRAL ZONE. ET ET ET ET j�, E CURB GUTTER 76 407 WEST STREET cE of iT;y� CJ eZanZcSurp��i-n xas �Yl c. �N -UIS CRIDER —A Land Surveying and Geoscience Firm— 3613 Williams Drive, Suite 903 — Georgetown, Texas 78628 [ '• ��� ���' �, F/� figglf3..� (512) 930-1600/(512) 930-9389 fax www.texas—Is.com TBPLS FIRM NO.10056200 GEOSCIENCE FIRM NO.50538 �..J.. �I i+ IF THIS DOCUMENT DOES NOT CONTAIN THE RED STAMPED SEAL OF THE UNDERSIGNED SURVEYOR, IT IS AN UNAUTHORIZED/ILLEGAL COPY. TEXAS i_AND SLPVEYiI4r, INC. ASSUMES NO Lr&BILIT-r FROM THE USE OF ANY UNAUTf MIIEDIILl_EGAL D0CLq,1ENT- 1t2019 PlT=NJ191017 W OF=RGERM LOT 6 B&201OUT 1910t 191017 ESAIf- 1Xdwy Mw Of 2O0 -V5 em jow Witness my hand and seal this the 4th Day of September, 2019 A.D. 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: 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: Justin Marshall and wife, Michelle Marshall GRANTEE'S mailing address (including County): 2914 Addie Ln, Georgetown, Williamson County, Texas 78628: CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of that 0.02 acre, more or less, out of the N. Porter Survey, Abstract No. 497, Williamson County, Texas, being a portion of Lot 6 Block 20, of the City of Georgetown, also called Lot 16, Block "U", of South San Gabriel Urban Renewal Addition, an unrecorded subdivision, also being a portion of that tract conveyed to Justin Marshall and Michelle Marshall, LLC, by deed recorded in document no. 2019093738, Office of Public Records, Williamson County, Texas. And being the easement granted to the City of Georgetown in a document recorded in Volume 514, page 242 of the deed records of Williamson County, Texas, as described by metes and bounds with sketch on Exhibit A attached hereto and incorporated herein by reference. Quitclaim Deed abandoning 0.02 acre Utility Easement Lots 6, Block 20, (Lot 16 Block "U") South San Gabriel Urban Renewal CoG Map Quad M-54; ABD-2019-024 Page 1 of 2 Exhibit: `B" 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 GRANTOR CITY OF GEORGETOWN Dale Ross, Mayor STATE OF TEXAS day of _ , 2019. 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 abandoning 0.02 acre Utility Easement Lots 6, Block 20, (Lot 16 Block "U") South San Gabriel Urban Renewal CoG Map Quad M-54; ABD-2019-024 Page 2 of 2 [Exhibits "A" to Quitclaim Deed] Exhibits "A" to the Quitclaim Deed is heretofore attached as Exhibits "A" to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording.