HomeMy WebLinkAboutRES 022520-G - Release Waterline Esmt.RESOLUTION NO. OUl7.b — C-L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
CONFIRMING THE RELEASE OF AN EASEMENT ACCORDING TO THE
INSTRUMENT RECORDED AS DOCUMENT NO. 2014036412 (THE
"RELEASE"), ACROSS AN APPROXIMATE 336-ACRE TRACT OF LAND IN
THE GREENLIEF FISK SURVEY, ABSTRACT NO. 5, AS GRANTED IN A
RIGHT OF WAY EASEMENT RECORDED IN DOCUMENT 9753081 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (THE
"EASEMENT").
WHEREAS, the City of Georgetown ("City") has received a request from the current
owner of a portion of the land encumbered by the Easement to confirm release of the Easement;
and,
WHEREAS, and easement across a 336-acre tract, located in the Greenlief Fisk Survey,
Abstract 5, was granted by Virginia Kauffman Dippery to Chisholm Trail Special Utility District
("District") by that instrument recorded in Document No. 9753081 of the Official Public Records
of Williamson County, Texas ("O.P.R.Wco.Tx"); and,
WHEREAS, the District did release the Easement by that certain instrument recorded in
Document No. 2014036412 O.P.R.Wco.Tx; and,
WHEREAS, the District did subsequently assign all rights and ownership of the Easement
to the City in the Special Warranty Deed and Assignment of Easements recorded in Document
No. 2014076202; and,
WHEREAS, upon considering the request to confirm the release of the Easement and
additional information pertaining to the request, the City Council finds that a public need for the
Easement no longer exists and that the release of the Easement may be confirmed pursuant to
City Ordinance No. 2009-47 relating to disposition of City property; and
WHEREAS, nothing herein shall operate to release any other easement, nor any portion
of the 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
Resolution No. 07-7S 20 — (n
Description: CTSUD Release, Dippery, ABD-2019-028
CoG Map Quad: F-54, F-55, G-54, G-55
Date Approved; O.r�A Z.5 4
Page 1 of 2
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 Confirmation of Release of
Easement in substantially the same form attached hereto as Exhibit "A" and any other
document(s) necessary to complete the released and abandonment of the 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 2020.
CITY OF GEORGETOWN ATTEST:
BY: lit"16 04,,V,
Dale Ross, Mayor
APPROVED S TO FORM:
Charlie McNabb, City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
Robyti 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.
4
GIVEN UNDER MY HAND AN12 EAL OF OFFICE this clay Of 020.
LINDA RUTH WHITE
My Notary ID # 124936123
Expires May 24, 2020
:
of, Public, )tate of Texas
Resolution No. 0ZZ,5Z0.__C1.
Description: CTSUD Release, Dippery, ABD-2019-028
CoG Map Quad: F-54, F-55, G-54, G-55
Date Approved: 7 b
Page 2 of 2
Exhibit "A"
CONFIRMATION OF
RELEASE OF EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
WHEREAS, Virginia Kauffman Dippery granted an easement on a certain 336 acre tract
of property in Williamson County, Texas, to Chisholm Trail Special Utility District (the
"District") by that instrument dated August 5, 1997, and recorded at Document No. 9753081 of
the Official Records of Williamson County, Texas, which easement is attached hereto as Exhibit
"A" (hereinafter referred to as the "Easement"); and
WHEREAS, the District released the Easement by that instrument dated May 15, 2014,
and recorded at Document No. 2014036412 of the Official Records of Williamson County,
Texas, which release is attached hereto as Exhibit "B" (hereinafter referred to as the "Release");
and
WHEREAS, subsequent to the execution of the Release, the District inadvertently
conveyed the Easement, among other interests, to the City of Georgetown (the "City") by that
instrument dated September 12, 2014, and recorded at Document No. 2014076202 of the Official
Records of Williamson County, Texas, which Special Warranty Deed and Assignment of
Easements is attached hereto as Exhibit "C"; and
WHEREAS, the City recognizes that the Easement was conveyed in error and by this
instrument confirms that the Easement has been released.
NOW THEREFORE, in consideration of the foregoing the City does hereby release and
discharge the Easement.
EXECUTED this day of , 2019.
CITY OF GEORGETOWN
Bv:
Print Name/Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of
2019 by
Notary Public — State of Texas
Approved, as to form:
Charlie McNabb, City Attorney
Exhibit A
07/2b.U. I0:95 FAX .... .... .1.P. . WAlb ell
Fora) FmNMTX 442-9
(9". 4.91)
DOC* 97530al
Ut417i;D STAM >7P3'ARTa31T OP AGRICULTURE
FARMERS H06M ADIAN1S`M110N
R10HT OF WAY BASE 3JT
(Oanww Type > eut)
EMW AU M04 By U IME PR89,UM. that
QwtinOcr cvJkd "Qraatms in comiduadon of ono dal tar
(il.W) and 00= good sad vdwbio vonn*mtka paid by OUST ULM IRALL SPSMAL UT11.C7'Y
D!~4 MCT. rwaipi tad ftffi= ay orwKnh it bareby awmw6dgod.
dove bweby glint. bttrgabq tall, tauzrW. aed vmvey to raid [#=K it1 alao0etM sad USLM a
pcpttnal o►ux ntW udth tM rW4 M arecl itstr W sod lay aad thamiftw uso. oporaia, lnaPat.
rtrpa[r, ma<i mpliw, and meow wads dithfirltlea Hasa sad apWftmam over and &orris
1we. w= of WA =M pwtiwiikrAy dmww to hartrtrtneml tenrnderi in VoL./A,a--- - and ite
� 4 of l�ae rant Y pose Re>oP¢� _ CDun1y. Tutx wgrlhar wilh
tax right of lnaaa sad opm over emm m,it s4h=w latch for the plopm (tit wtdch the above
m=ataeri ngW win grrarlad. Tba baft W&niod &hill oat exax=d [5' 1n width enrf 0nndos is
her* atjdxww to desigtltte tho catmra of tho eaolmeot hnnsm s xwv,,ed except am wdee the
OPOUaa(a) to tho awma&t haria srrarded sb%U be limilod in a strip of kanii 19 in widib tho
t4111rX Use thorW beiag tho pipolbw a, enrfilled
in do went the wcW= hereby Wi Aud chose on a p A& road and Iha oolaty or state bore inaftr
wki= or retvva W the VkHo void w as to require the rdooadon of thin Water firm ca lastallod, prulteor
further gnrda to Qrtatrr rp ddkinne! mommi art aed awoat the lad dumbed aborm for do porpota
of Weirdly re3�i add water MW ss Wray ba laeo omv so &star d)U rood f xa, ► filch uim=nt
hereby gw" siadl be limited go a dtrip of Tend IS` i21 wWdl the o w i tim ibemf bdag site pipeline w
rclocaldd
TU aoatrideratias meted hureia shall oarafitute pay=n1 irl foil far All dstnegar atluaalod by
4raasora by weave cftbo'-ftllWoo of sha wi 12m referrod to herda sad the omnrae will wslmsain
such saaararsx � r trod af' Qood t+tpa[r and o411sieaey ao tlsta an sntvasaaabie darrulgca we11 rest'!# from
its wn as Cr ar�or'a taenti►rr This AMemM &witherwjLh olhw yr M6aaa of tba grant dlall ootasUbAv
a oo4=3t nal, ing with the hid fix the bawiBt of the Gmnw- its &=mom acid w>gfgtts. iha QM3tna
gvvaxls tlar &buy asa me ownsra nr the tbaaa dese�ed flues and w. t veil d I� ere &ea sad clear oral{
weumh= es nod liatnexrmpt tba f6U w&g:
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Form FnWA TX 442r9
(Rev. 4.91)
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no eacnum cenvayed b=b was obWoed or imptmed Onugh redenl EnsuaW Messlg�
Tlosmswc = h subject to the pmvisions of Title VI of the Civil Rlgt b Am of 1964 nod the nguladom
iwood pmowt tboroto for so loeg as the coomaw oondwm to be used for the same or atrallar p xpme
fat which SnreoW asbftnoo was exbu&d or for so long u the Qmd= away iR whlahevu is bega.
IN Wrl mSS WREU10A tho mid Qmntots have uamftd this inor m axI this
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STA113 OF TIOCA9
COUNIYOF dAdxown*
BEPM8 Mk the undrailgaod, a Notary Pubk m and for weld County and Siuta, on this
day porsotWiY awcarad e i' knows+ to am to bo tha pe w (a) vbm
nante(s) is (M) suh M1W to the famwitaa taaaumon sad oeav +ladgod to mo thst W (she) (they)
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CHISHOLM TRAIL SPECIAL
UTILITY DISTRICT
PO BOX 249
FLORENCE, TX 76527
i Austin Data Inc. LH AD112166 WM 9753081.002
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2014036412
05/26/2014 04:30 PM
MARIA $29.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
h
IIII III�I IIIUlfllll �lll II lallll I(IIIIIIIII II�II REL 2014036412
Exhibit B
3 FIGS
RELEASE OF EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY TIIESE PRESENTS:
COUNTY OF WILLIAMSON
WHEREAS, Virginia Kauffman Dippery granted an easement on a certain 336 acre tract
of property in Williamson County, Texas, to Chisholm Trail Special Utility District (the
"District") by that instrument dated August 5, 1997, and recorded at Document No. 9753081 of
the Official Records of Williamson County, Texas, which easement is attached hereto as Exhibit
"A" (hereinafter referred to as the "Easement"); and
WHEREAS, the District has determined that it no longer needs the Easement and the
current owner of the property burdened by the Easement has requested that it be released.
NOW THEREFORE, in consideration of the foregoing the District does hereby release
and discharge the Easement.
EXECUTED this /_�15 day of , 2014.
CHISHOLM T L SPECIAL UTILITY DISTRICT
By
4=, -
Melton Robinson, President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the /Sl day of ,
2014 by Delton Robinson, in his capacity as President of Chisholm Trail Special Utility istrict.
�.. I LINDA RUTH WHITE
+P''' ; Notary Pub11v, State of Texas atary ublic - State of Texas
My commission !Expires
May 24, 2016
10463413 v.1
Exhibit C �I��M��N s PCs """�@
NOTICE OIL CONFIDENTIALITY RIGHTS: RECORDING INFORMATION
IF YOU ARE A NATURAL PERSON YOU
MAY REMOVE OR STRIKE ANY OR ALL
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
SPECL41 WARRANTY DEED
ANIi ASSIGNMENT OF KASEMEIVTS
CHISHOLM TRAIL SPECIAL UTILITY DISTRICT, a conservation and
reclamation district created and operating under Chapters 49 and 65 of the Texas Water Code
("Grantor"), for the consideration hereinafter stated, does GRANT, SELL, CONVEY, AND AssloN
unto the CITY OF GEORGETOWN, TEXAS, a home rule municipality in Williamson
County, Texas ("Grantee'), the following described real property and any other real property
owned by Grantor as of September 12, 2014, together with all improvements thereon, situated in
Williamson County, Texas, Bell County, Texas, and Burnet County, Texas (the "Pr a �:
[LEGAL DESCRIPTION IS ATTACHED AS EXHIBIT 1 ]
[EASEMENTS AND PERMITS LISTED ON EXHIBIT 21
TO HAVE AND To HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, Grantee's successors and assigns,
forever.
And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, and
successors, to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee,
Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to
claim the same, or any part thereof, by, through or under Grantor, but not otherwise.
The consideration for this conveyance, receipt of which Grantor acknowledges, is $10.00
and other valuable consideration paid to Grantor for which no lien either express or implied is
retained.
For the same consideration, Grantor hereby GRANTS, SELLS, CONVEYS, ASSIONS AND
DELIVERS to Grantee, all right, title and interest, if any, of Grantor, as owner of the Property but
not as owner of any other property, in and to (i) strips or gores, if any, between the Property and
abutting properties, (ii) any land lying in or under the bed of any street, alley, road or right-of-
way, opened or proposed, abutting or adjacent to the Property, (iii) any easements, rights of way,
rights of ingress and egress or other interests in, on, or to, any land, highway, street, road or
avenue, open or proposed, in, on, across from, in front of, abutting, adjoining or otherwise
SPECIAL WARRANTY DEED
AND ASsiONmENP OF EASMAENTS
9136234v.5
appurtenant to the Property, as well as all other rights, privileges and appurtenances owned by
Grantor and in any way related to the Property and other rights and interests of Grantor
hereunder conveyed, and (iv) all oil, gas, hydrocarbons and minerals in, on, under or that may be
produced from the Property.
This conveyance is being made by Grantor and accepted by Grantee subject to all matters
of record affecting the Property, and all matters that would be shown on a current and accurate
survey of the Property.
Except for the special warranty of title contained herein, (a) Grantor hereby disclaims any
warranty, representation, covenant, agreement, or guaranty, oral or written, express or implied or
by operation of law, with respect to any matter affecting the Property, and Grantor shall have no
liability to Grantee, and Grantee releases Grantor from any liability (including but not limited to,
contractual and/or statutory actions for contribution or indemnity), for, concerning, or regarding
(i) the nature and condition of the Property, including, but not limited to, the suitability thereof
for any activity or use; (ii) any improvements -or substances located thereon; or (iii) the
compliance of the Property with any laws, rules, ordinances or regulation of any government or
other body; and (b) BY ITS ACCEPTANCE OF THIS DEED AND IN CONSIDERATION OF
THE CONVEYANCE BY GRANTOR HEREIN, GRANTEE ACKNOWLEDGES AND
AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND EXPRESSLY
DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR
GUARANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO
THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY, OR
ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE HEREBY ACCEPTS
THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS IS," "WHERE IS" AND
"WITH ALL FAULTS" BASIS.
[SIGNATURES TO FOLLOW]
SPBc1AL WARRANTY DEED 2
AND ASSSONN NT OF EAMMNTS
IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed and
Assignment of Easements as of the 1 Z day of Sc kxnkrc , 2014,
GRANTQR:
CHISHOLM TRAIL SPECIAL UTILITY
❑1S'1RiC
By.
Name: i�
Title: Y
THE STATE OF TEXAS
COUNTY OF w-1(cm ShA
BEFORE ME, the undersigned authority, on this day personally appeared
o 4 r -o dw of the- Chisholm Trail Special Utility District,
a conservation and reclamation district, 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, in the capacity stated, and as the act and deed of said
district.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this/2 day of
2014.
�flarscoeaE SORE
* NorAr�rPustic
state elta5
Cflm n. Fxp. a71f8J2�18
SMCIAI, WAAnAm DEED
AND ASs1ONMENT OF EASEMENTS
Notary Pub c in and for the State of Texas
n i^L
ame (Pr' ted or Typed)
My Commission Expires:
RA TEE
CITY OF GEORGETOWN, XAS
Title: M&m a r
THE STATE OF TEXAS
COUNTY OF W�R �aw►�an
BEFORE ME, the undersigned authority, on this day personally appeared
ygo c (toss Nlcwor of the City of Georgetown, Texas, known to
me to be the person whose name i� bscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, in the
capacity stated, and as the act and deed of said City,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 't" of
2014,
Rti61'HID�SEti5I�I0A�
NOTARY PIIBUO
* Swo oS I=
,Comm.ap COMM
C� �y 6 C %tkwn,
113 5, SAl'' 5t,
CAO'(91-WA, Tk Vo Zb
SPECIAL WARRANTY DEED
AND ASSIGNMENT of EASEMENTS
4
1= d' e �: X 6 2: Notary Public in for the State of Texa
f
ame (Pri ted or e )
My Commission Expires:
Exhibit 2
Easements
The following easements as recorded in Williamson County Deed Records, Williamson
County, Texas, in Bell County Deed Records, Bell County, Texas, and/or in Burnet County Deed
Records in Burnet County, Texas;
SPECIAL. WARRANTY DEED 6
AND ASSIONMENT OP EASMAENTS
4K -
2012066849
DePaz, Salomon
7/31/12
2013071808
Depew, Laurie
7/22/13
2013015980
Deputy, Matt
2/15/13
2002030011
Derrick, Leland
8/10/01
2012043271
DeStefano, Sandra
4/11/12
2000081607
DeStefano, Martin
11/28/00
9923077
DeStefano, Martin J.
4/7/99
2012047454
Destiny Builders, Inc (Shane Wilson)
5/29/12
2013035128
Destiny Builders, Inc (Shanc Wilson)
4/8/13
2451/0251
Deater, Evert and Earlene
10/18/93
9825369
Deurwaarder, John
3/3/98
1199/611
Deveau, Donald and Doris
3/19/85
2012060100
Deveydt, Michael
7/24/12
2011000716
Dcvgance, Lorraine
11/30/10
1940/785
DeVuono, Louis & Carol D.
6/28/90
2013096073
DeWitt, Kristin
9/25/13
199982522
DeWitt, Robert
8/17/99
1596/450
Dickens, Danny
6/29/87
2002026301
Dimension Builders, Inc
9/25/01
199982538
Dimension Builders, Inc
9/21/99
2008047143
Dionysus Group, LLLP
6/3/08
Dionysus Group, LLLP
1/26/12
9753081
Dipprey, Virginia
8/5/97
2000071691
Dipprey, Virginia and Ronald
9/12100
2001043331
Dipprey, Virgina and Ronald
6/1/01
774/105
Dixon, Chester
10/27/77
2635/0670
9455199
Dixon, Harold and Debbie
10/17/94
1143/329
Dixon, James
11/18/83
95/796
Dixon, .lames
1/30/85
998/409
Dixon, John
3/28/84
1047/76
Dixon, Ken
4/16/84
9541439
Dixon, W.F.
7/17/95
9541448
Dodd, Teresa
6/26/95
2451/0267
Dodson, William
11/22/93
9753089
Dotson, Cheryl
9/2/97
9525905
Doeriler, Walter Jr
5/2/95
2012043258
Doherty, Varian
3/1/12
1357/421 IDolierty,
James and Dolores
4/20/85
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