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HomeMy WebLinkAboutRES 041420-L - Abandon PUD GatlinRESOLUTION NO. Qq ttj 2?D — L-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A PORTION OF A 10' PUBLIC UTILITY EASEMENT ACROSS LOT 14, BLOCK I; LOT 35, BLOCK J; AND, LOTS 1 THROUGH 13, BLOCK O, GATLIN CROSSING, PHASE THREE, A SUBDIVISION WITHIN THE WILLIAM ADDISION SURVEY, ABSTRACT NO. 21, DEDICATED BY PLAT TO THE CITY OF GEORGETOWN AND RECORDED AS DOCUMENT NO. 2019044887 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TO CONTINENTAL HOMES OF TEXAS, LP. WHEREAS, the City of Georgetown (the "City") has received an application from Continental Homes of Texas, LP, a Texas limited partnership, for the release and abandonment of above described portions of a public utility easement, across Lot 14, Block I; Lot 35, Block J; and, Lots 1 through 13, Block O, as were dedicated to the City by plat in Document No. 2019044887 in the Official Public Records of Williamson County, Texas (the "Easement"); and WHEREAS, said Easement was dedicated for the purpose of constructing utilities across the properties of which the easement tract is a part; and, WHEREAS, the current owner of the property encumbered by the above - described easement, Continental Homes of Texas, LP, (the "Owner"), is extending public drainage infrastructure. The Easement will conflict with proposed drainage infrastructure through the conflict of installed stormwater with potential future utility line installation. Therefore, Continental Homes of Texas, LP, as owner of all of the above identified lots, is requesting the abandonment of Easement, as specifically identified by metes and bound in the attached Exhibit "A" and by sketch in Exhibit "B" attached hereto and incorporated herein (the "Property") ; WHEREAS, additional easement is to be identified, in coordination with the City staff, and dedicated allowing for enough space for necessary utility infrastructure; and, WHEREAS, upon considering the request for release and abandonment of the Property, and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it may, therefore, be abandoned and released. WHEREAS, nothing herein shall operate to release any other easement, nor any portion of the Easement not herein described. Resolution No. V!� I !q to — L Description: Release and abandonment of a portion of a PUE Gatlin Crossing Phase Three, 200-4000-0004 Page 1 of 2 Date Approved ^1 ��19, � 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 "C" and any other conveyance document(s) necessary to complete the release and abandonment of the public utility easement described herein, and the City Secretary is hereby 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: Dale Ross, Mayor Robyn Densmore, City Secretary APPROVED AS TO FORM: 1 Charlie McNabb, City Attorney Resolution No. O! l I Li U— L— Description: Release and abandonment of a portion of a PUE Gatlin Crossing Phase Three, 200-4000-0004 Page 2 of 2 Date Approved: n� PA 07-0 EXHIBIT A GATLIN CROSSING PHASE THREE PUBLIC UTILITY EASEMENTS ABANDONMENT DESCRIPTIONS METES & BOUNDS DESCRIPTION FIELD NOTES FOR 8,365 SQUARE FEET OF LAND OUT OF THE WILLIAM ADDISON SURVEY, ABSTRACT NO. 21, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF GATLIN CROSSING PHASE THREE, A SUBDIVISION AS RECORDED IN DOCUMENT NUMBER 2019044887 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AS CONVEYED TO CONTINENTAL HOMES OF TEXAS, L.P. BY SPECIAL WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2016050446 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 8,365 SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED IN THREE (3) TRACTS BY METES AND BOUNDS AS FOLLOWS AND SHOWN ON THE ATTACHED SKETCH: ABANDONMENT EASEMENT TRACT 1-LOT 35, BLOCK "J": BEGINNING at a 1/2-inch iron rod with cap stamped `BGE Inc" set on the east right-of-way line of Naturita Drive, (R.O.W. — 65') as shown on said plat of Gatlin Crossing Phase Three, at the common corner of Lot 35 and Lot 23, Block "J", said Phase Three for the POINT OF BEGINNING and northwest corner of the herein describe tract; THENCE, N 66-31-22" E, departing said right-of-way line, coincident with the common line of said Lot 35 and said Lot 23, a distance of 10.15 feet to a calculated point for the northeast corner of the herein described tract; THENCE, departing said common line, over and across Lot 35 the following three (3) courses; 1) S 33°28'38" E, a distance of 99.11 feet to a calculated point for a point of curvature of the herein described tract; 2) Curving to the left, with a radius of 15.00 feet, an are length of 20.94 feet, a central angle of 80°00'00", a chord bearing of S 73°28'38" E, and a chord distance of 19.28 feet to a calculated point at the end of this curve for the southeast corner of the herein described tract; 3) S 66°31'22" W, a distance of 20.00 feet to a calculated point on the common line of Lot 35 and the curve return from the north right-of-way line ofNaset Drive (R.O.W. — 50') as shown on the aforementioned plat of Phase Three for beginning of a non -tangent curve and southwest corner of the herein described tract Page 1 of 7 G:\TXC\PROJECTS\DRHORTON\5694-30—WESTRAVENPH-3-4 SURVEY\04_FINALS\MB\5694-00_PUE_ABANDONMENT_FN- PH3.DOCX THENCE, curving to the right, coincident with the common line of Lot 35 and said curve return, with a radius of 25.00 feet, an arc length of 11.72 feet, a central angle of 26°52' 12", a chord bearing of N 46°54'44" W, and a chord distance of 11.62 feet to a 1/2-inch iron rod with a cap stamped "BGE Inc" set on the aforementioned right-of-way line of Naturita Drive, for a point of tangency of the herein described tract; THENCE, N 33°28'38" W, coincident with the common line for Lot 35 and said right-of-way line, a distance of 100.87 feet to the POINT OF BEGINNING and containing 0.026 of one acre (1,139 square feet) of land, more or less. ABANDONMENT EASEMENT TRACT 2-LOTS 1-13, BLOCK "O": BEGINNING at a 1/2-inch iron rod with cap stamped `BGE Inc" set on the east right-of-way line of Naturita Drive (R.O.W. — 65') as shown on the aforementioned plat of Gatlin Crossing Phase Three, at the south end of the curve return from the south right-of-way line of Naset Drive (R.O.W. — 50') as shown on said plat of Phase Three at a point of curvature of Lot 13, Block "O", said Phase Three, for a point of curvature and the POINT OF BEGINNING of the herein described tract; THENCE, curving to the right, coincident with the common line of said Lot 13 and said curve return with a radius of 25.00 feet, an arc length of 20.45 feet, a central angle of 46'52' l2", a chord bearing of N 10'02'32" W, and a chord distance of 19.89 feet to a calculated point at the end of this curve for the northwest corner of the herein described tract; THENCE, departing said common line, over and across Lots 13 through Lot 1, said Block "O" the following nine (9) courses; 1) N 669 F22" E, a distance of 20.00 feet to a calculated point at the beginning of a non -tangent curve for the northeast corner of the herein described tract; 2) Curving to the left, with a radius of 15.00 feet, an arc length of 26.18 feet, a central angle of 100'00'00", a chord bearing of S 16°31'22" W, and a chord distance of 22.98 feet to a calculated point for a point of tangency of the herein described tract; 3) S 33028'38" E, a distance of 124.04 feet to a calculated point for a point of curvature of the herein described tract; 4) Curve to the right, with a radius of 342.50 feet, an are length of 59.78 feet, a central angle of 10°00'00", a chord bearing of S 28°28'38" E, and a chord distance of 59.70 feet to a calculated point for a point of tangency of the herein described tract; Page 2 of 7 G:\TXC\PROJECTS\DRHORTON\5694-30_WESTHAVENPH_3-4 SURVEY\04_FINALS\MB\5694-00_PUE_ABANDONMENT_FN- PH3. DOCX 5) S 23°28'38" E, a distance of 242.23 feet to a calculated point for a point of curvature of the herein described tract; 6) Curving to the right, with a radius of 2,075.00 feet, an arc length of 61.59 feet, a central angle of 01 °42'03", a chord bearing of S 22037'37" E, and a chord distance of 61.59 feet to a calculated point for a point of tangency of the herein described tract; 7) S 21 °46'36" E, a distance of 85.05 feet to a calculated point for a point of curvature of the herein described tract; 8) Curving to the left, with a radius of 15.00 feet, an arc length of 23.47 feet, a central angle of 89°38'26", a chord bearing of S 66°35'48" E, and a chord distance of 21.15 feet to a calculated point at the end of this curve for the southeast corner of the herein described tract; 9) S 68°34'59" W, a distance of 20.00 feet to a calculated point on the common line of Lot 1, said Block "O" and the curve return from the north right-of-way line of Kildare Drive (R.O.W. --- 50') as shown on the aforementioned plat of Phase Three at the beginning of a non -tangent curve for the southwest corner of the herein described tract; THENCE, curving to the right, coincident with said common line, with a radius of 25.00 feet, an arc length of 15.93 feet, a central angle of 36°30'37", a chord bearing of N 40'01'54" W, and a chord distance of 15.66 feet to a 1/2-inch iron rod with a cap stamped "BGE Inc" set on the aforementioned east right-of- way line of Naturita Drive for a point of tangency of the herein described tract; THENCE, in a northerly direction, coincident with the common line of Lots 1 through 13, said Block "O" and said right-of-way line the following five (5) courses; 1) N 21°46'36" W, a distance of 85.05 feet to a 1/2-inch iron rod with a cap stamped `BGE Inc" set for a point of curvature of the herein described tract; 2) Curving to the left, with a radius of 2,065.00 feet, an arc length of 61.30 feet, a central angle of 01 °42'03", a chord bearing of N 22°37'37" W, and a chord distance of 61.29 feet to a 1/2-inch iron rod with a cap stamped `BGE Inc" set for a point of tangency of the herein described tract; 3) N 23°28'38" W, a distance of 242.23 feet to a 1/2-inch iron rod with a cap stamped `BGE Inc" set for a point of curvature of the herein described tract; 4) Curving to the left, with a radius of 332.50 feet, an arc length of 58.03 feet, a central angle of 10°00'00", a chord bearing of N 28°28'38" W, and a chord distance of 57.96 feet to a 1/2-inch iron rod with a cap stamped `BGE Inc" set for a point of tangency of the herein described tract; Page 3 of 7 G:\TXC\PROJECTS\DRHORTON\5694-30 WESTHAVENPH_3-4_SURVEY\04_FINALS\MB\5694-00f PUE ABANDONMENT_FN- PH3.DOCX 5) N 33°28'38" W, a distance of 124.04 feet to the POINT OF BEGINNING and containing 0.140 of one acre (6,099 square feet) of land, more or less. ABANDONMENT EASEMENT TRACT 3-LOT 14, BLOCK "I": BEGINNING at a 1/2-inch iron rod with cap stamped "BGE Inc" set on the east right-of-way line of Naturita Drive (R.O.W. — 65') as shown on the aforementioned plat of Gatlin Crossing Phase Three, at the common corner of Lot 14 and Lot 15, Block "I", said Phase Three; for the POINT OF BEGINNING and southwest corner of the herein described tract; THENCE, N 25°59'23" W, coincident with the common line of said Lot 14 and said right-of-way line, a distance of 93.30 feet to a 1/2-inch iron rod with cap stamped `BGE Inc" set at the south end of the curve return from the south right-of-way line of Kildare Drive, (R.O.W. — 50') as shown on the aforementioned plat of Phase Three at a point of curvature of Lot 14 for a point of curvature of the herein described tract; THENCE, curving to the right, coincident with the common line of Lot 14 and said curve return, with a radius of 25.00 feet, an arc length of 18.08 feet, a central angle of 41 °26'33", a chord bearing of N 05' 1606" W, and a chord distance of 17.69 feet to a calculated point at the end of this curve for the northwest corner of the herein described tract; THENCE, departing said common line, over and across Lot 14 the following three (3) courses; 1) N 68°34'59" E, a distance of 20.00 feet to a calculated point at the beginning of a non -tangent curve for the northeast corner of the herein described tract; 2) Curving to the left, with a radius of 15.00 feet, an arc length of 24.76 feet, a central angle of 94°34'22", a chord bearing of S 21 ° 17'48" W, and a chord distance of 22.04 feet to a calculated point for a point of tangency of the herein described tract; 3) S 25°59'23" E, a distance of 94.10 feet to a calculated point on the common line of the aforementioned Lot 14 and Lot 15, for the southeast corner of the herein described tract; THENCE, S 68°34'59" W, coincident with said common line, a distance of 10.03 feet to the POINT OF BEGINNING and containing 0.026 of one acre (1,127 square feet) of land, more or less. The gross area contained within Tracts 1 through 3 totals 8,365 square feet of land, more or less. Page 4 of 7 G:\TXC\PROJECTS\DRHORTON\5694-30_WESTHAVENPH_3-4_SURVEY\04 FINALS\MB\5694-00 PUE ABANDONMENT FN- PH3.DOCX I hereby certify that these notes were prepared from a survey made on the ground by employees of BGE Inc., and are true and correct to the best of my knowledge. Bearing orientation is based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone 4203. A sketch accompanies this description. Dion P. Albertson RPLS Number 4963 BGE, Inc. 7330 San Pedro Ave, Suite 202 San Antonio TX 78216 OF ....:................:.... DION P. M.�RTSON :�; 4963 ,�-- ........... R. S'= 1 Telephone: 210-581-3600 TBPLS Licensed Surveying Firm Number 10194490 Client: Date: March 17, 2020 Job No: 5694-00 Page 5 of 7 03/17/2020 Date G:\TXC\PROJECTS\DRHORTON\5694-30—WESTHAVENPH-3-4 SURVEY\04_FINALS\MB\5694-00_PUE_ABANDONMENT_FN- PH3.DOCX Exhibit "A" SKETCH TO ACCOMPANY CURVE TABLE NO. ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DIST. C1 20.94' 15.00' 80'00'00" S 73'28'38" E 19.28' C2 11.72' 25.00' 26*52'12" N 46'54'44" W 11.62' C3 26.18' 15.00' 100'00'00" S 16'31'22" W 22.98' C4 59.78' 342.50' 10*00'00" S 28'28'38" E 59.70' C9 58.03' 332.50' 10'00'00" N 28'28'38" W 57.96' C10 20.45' 25.00' 46*52'12" N 10'02'32" W 19.89' C13 23.18' 25.00' 53'07'48" S 39'57'28" W 22.36' s i zvra : z� rhi, onsner LEGAL DESCRIPTION BEARING BASIS NOTE: BEARING ORIENTATION IS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE 4203. 10' P.U.E. ABANDONMENT 1 1,139 SQUARE FEET LEGENQ (0.026 ACRE) DOC. DOCUMENT DIST. DISTANCE NO. NUMBER O.P.R.W.C. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY IL1 P.O.B. POINT OF BEGINNING P.O.B. P.O.R. POINT OF REFERENCE P.U.E. PUBLIC UTILITY EASEMENT R.O.W. RIGHT—OF—WAY I N 3s SET 1/2" IRON ROD W/ 1 3 CAP STAMPED GE CAP INC" 1 CALCULATED POINT 26 L3 21 L5 i 17 0 16 15 P.O.B. _O U �G� 13 12 1 c9 O O D J MOONCOIN DRIVE 50' R.O.W. l� MATCHLINE SHEET 2 OF 2 5 6 7 8 LINE TABLE NO. BEARING DIST. L1 N 66'31'22" E 10.15' L2 S 33'28'38" E 99.11' L3 S 66'31'22" W 20.00' L4 N 33'28'38" W 100.87' L5 N 66'31'22" E 20.00' L6 S 33'28'38" E 124.04' L10 N 33'28'38" W 124.04' 11 W a Q 3 d U U 10 W g W 3 . I w 00 '0 I7 00 00 LV N N I N MATCHLINE 5 23 1 NASET DRIVE 50' R.O.W. GE, Inc. 7330 San Pedro Ave., Suite 202, San Antonio, TX 78216 a 100 1� Tel: 210-581-3600 ■ www.bgeinc.com TBPLS Licensed Surveying Firm No. 10194490 Copyright 2020 IM, ler$ pfi9her o d0ta IOCOI tem Ac!'I, of sn_10 Z-n FHs_rVt_AConaan m@ri[ner SKETCH TO ACCOMPANY LEGAL DESCRIPTION —11 20 9 MATCHLINE SHEET 1 OF 2 N 1 N MATCHLINE SHEET 1 OF 2 21 N N I 8 13 5 s s I W s 10' P.U.E. 00 o ABANDONMENT 2 ' z2 0000 100 6,099 SQUARE FEET 12 > �R�55 > N ! N 5 (0.140 ACRE) s -t1;j S 24 Z � N 23. 1 Qo � O 2ti�G Qo 4 a E- o �0 . Q R' E- W 5 24 10 Z E- 3 Q o 4 3 2 ' Z W Wo m J 2 Lo 2 4 3 s W C6 1 L8 KILDARE DRIVE 7 L1 2 50' R.O.W. 6 _ ,p 01 5 �� C12 4 � 8 3 2 y i -� 14 13 12 11 10 9 P _ LEGEND J i J DOC. DOCUMENT �- DIST. DISTANCE P.O.B. NO. NUMBER L14 0.P.R.W.C. OFFICIAL PUBLIC RECORDS 15 OF WILLIAMSON COUNTY I P.O.B. POINT OF BEGINNING 10' P.U.E. P.O.R. POINT OF REFERENCE 1 ABANDONMENT 3 P.U.E. PUBLIC UTILITY EASEMENT 1,127 SQUARE FEET R.O.W. RIGHT-OF-WAY (0.026 ACRE) 0 100 SET 1 /2" IRON ROD W/ CAP STAMPED "BGE INC" CALCULATED POINT LINE TABLE NO. BEARING DIST. L7 S 21'46'36" E 85.05' L8 S 68'34'59" W 20.00' L9 N 21'46'36" W 85.05' L11 N 25'59'23" W 93.30' L12 N 68'34'59" E 20.00' L13 S 25'59'23" E 94.10' L14 S 68'34'59" W 10.03' BEARING BASIS NOTE: BEARING ORIENTATION IS BASED ON THE TEXAS � STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE 4203. CURVE TABLE NO. ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DIST. C5 61.59' 2,075.00' 1'42'03" S 22'37'37" E 61.59' C6 23.47' 15.00' 89'38'26" S 66'35'48" E 21.15' C7 15.93' 25.00' 36'30'37" N 40'01'54" W 15.66' C8 61.30' 2,065.00' 1'42'03" N 22'37'37" W 61.29' C11 18.08, 25.00' 41'26'33" N 05'16'06" W 17.69' C12 24.76' 15.00' 94'34'22" S 21*17'48" W 22.04' BGE, Inc. SHEET 7330 San Pedro Ave., Suite 202, San Antonio, TX 78216 Tel: 210-581-3600 + www.bgeinc.com TBPLS Licensed Surveying Firm No. 10194490 OF 7 Copyright 2020I Exhibit "C" 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: 2020 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: Continental Homes of Texas, LP, a Texas limited partnership GRANTEE'S Mailing Address (including County): 10700 Pecan Park Blvd., Fourth Floor, #400, Austin, Williamson County, TX 78750 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING all of those easement rights to portion(s) of the ten (10) foot Public Utility Easement more particularly described by metes and bounds in Exhibit "A" and sketch in Exhibit "B", attached hereto and incorporated herein by this reference. 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. [Signatures appear on the following page] Quitclaim Deed abandoning portions of Public Utility Easement Gatlin Creek Phase Three, 200-4000-0004 CoG Map Quad N-50 Page 1 of 2 EXECUTED this the day GRANTOR: CITY OF GEORGETOWN M. Dale Ross, Mayor STATE OF TEXAS ) COUNTY OF WILLIAMSON ) 2020. 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 , 2020. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed abandoning a portion of a Utility Easement Gatlin Crossing Phase Three, 200-4000-0004 CoG Map Quad N-50 Page 2 of 2 [Exhibits "A" & "B" to Quit Claim Deed] Exhibits "A" & `B" to the Quit Claim Deed are heretofore attached as Exhibits "A" & "B" to the foregoing Resolution and will be attached accordingly to the original Quit Claim Deed prior to execution and recording.