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HomeMy WebLinkAboutRES 042820-H - Tank AbandonmentRESOLUTION NO. 04 Z V o R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING PORTIONS OF A TEMPORARY ACCESS AND DRAINAGE EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO. 2003087320 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.Co.Tx). WHEREAS, the City of Georgetown (the "City") has received an application from Plazo Tierra, LLC, a Texas limited liability company, Aaronson Tierra, LLC, a Texas limited liability company, and Furman Tierra, LLC a Texas limited liability company, (collectively, "Owners") for the release and abandonment of the above described easement, as was granted to the City by 2003087320 in the O.P.R.W.Co.Tx (the "Easement"); and WHEREAS, said Easement was dedicated for the purpose of accessing, and providing stormwater drainage for, a water storage tank owned by the City of Georgetown on the 1.616 acre tract described in Doc. No. 2003110378 O.P.R.W.Co.Tx; and, WHEREAS, Plazo Tierra, LLC is now owner of a 134.33 acre tract as described in Doc. No. 2019110963 O.P.R.W.Co.Tx, which is encumbered by a portion of the Easement ("Tract 1"); and, WHEREAS, Aaronson Tierra, LLC and Furman Tierra, LLC are now owners, each with a 50% interest, of a 113.393 acre tract as described in Doc. No. 2019110964 O.P.R.W.Co.Tx, which is encumbered by a portion of the Easement ("Tract 2"); and, WHEREAS, additional easements are to be granted and replacement access infrastructure installed by Owners, at no cost to the City, to provide the City access and drainage support for its water tank; and, WHEREAS, upon considering the request for release and abandonment of the Easement, and additional information pertaining to the request, the City Council now finds that a public need for the Easement no longer exists and it may, therefore, be abandoned and released to the respective owners of Tract 1 and Tract 2, upon receipt of all required additional easements and acceptance of a replacement access and drainage infrastructure by City Staff. WHEREAS, nothing herein shall operate to release any other easement, nor any portion of the Easement not herein described. Resolution No. 04 Z9 ZO — � Somerset/Jennings Branch Tank, ABD-2019-029 CoG Map Quad I-62/63 Page 1 of 2 Date Approved: n\ 7 O Z,6 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 Quitclaim Deeds in substantially the same form attached hereto as Exhibits "A" & "B" and any other conveyance document(s) necessary to complete the release and abandonment of the 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 112020. CITY OF GEORGETOWN ATTEST: By: Dale Ross, Mayor Robyn I7en more, City Secretary APPROVED AS TO FORM: a Charlie McNabb, City Attorney Resolution No. 0 L1 ?$ W^ 1 i Somerset/Jennings Branch Tank, ABD-2019-029 CoG Map Quad I-62/63 Date Approved: PQY I2-) Page 2 of 2 Exhibit "A" ❑ITCLAIM 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: Plazo Tierra, LLC GRANTEE'S Mailing Address (including County): 801 W. 5th St., Apt 206, Austin, Travis County, Texas 78703 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, as granted in Document 2003087320 of the Official Public Records of Williamson County, Texas, across that certain 134.33 acre tract of land located in the Frederick Foy Survey, Abstract No. 229, Williamson County, Texas, being more particularly described Document 2019110963, Official Public Records of Williamson County, Texas. 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 a port of a Utility Easement Somerset/Jennings Branch Tank, ABD-2019-029 CoG Map Quad I-62/63 Page 1 of 2 EXECUTED this the day of GRANTOR: CITY OF GEORGETOWN *r& 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 Temp Access and Drainage Esmnt Somerset/Jennings Branch Tank, ABD-2019-029 CoG Map Quad I-62/63 Page 2 of 2 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: 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: Aaronson Tierra, LLC (undivided 50% interest) Furman Tierra, LLC (undivided 50% interest) GRANTEE'S Mailing Address (including County): 2550 17th St 201, Washington, D.C., 20009 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, as granted in Document 2003087320 of the Official Public Records of Williamson County, Texas, across that certain 113.393 acre tract of land located in the Frederick Foy Survey, Abstract No. 229, Williamson County, Texas, being more particularly described Document 2019110964, Official Public Records of Williamson County, Texas. 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 a port of a Utility Easement Somerset/Jennings Branch Tank, ABD-2019-029 CoG Map Quad I-62/63 Page 1 of 2 EXECUTED this the day of 2020. GRANTOR: CITY OF GEORGETOWN MM 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 2020. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed abandoning a portion of a Temp Access and Drainage Esmnt Somerset/Jennings Branch Tank, ABD-2019-029 CoG Map Quad I-62/63 Page 2 of 2