HomeMy WebLinkAboutRES 072611-I - Abandon WW Utility EsmtRESOLUTION NO. Ot''I (" .I-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN AUTHORIZING THE VACATION AND
ABANDONMENT OF A 15-FOOT-WIDE (2,664 SQUARE FOOT)
WASTEWATER UTILITY EASEMENT ON LOT 3, REPLAT OF LOTS 2
AND 3, W.D. ISHCY TRACT, A SUBDIVISION OF RECORD IN
CABINET BB, SLIDE 28, PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED AND ANY OTHER DOCUMENTATION
NECESSARY TO EFFECTUATE SUCH VACATION AND
ABANDONMENT; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for the vacation and
abandonment of an existing 15-foot-wide (2,664 square foot) wastewater utility easement
on Lot 3, Replat of Lots 2 and 3, W.D. Ischy Tract, a subdivision of record in Cabinet BB,
Slide 28, Plat Records of Williamson County, Texas (the ' Property"); and
WHEREAS, there are no existing utilities currently located within the Property; and
WHEREAS, the applicant, Colonial Park Centre, L P , intends to donate a
replacement easement along the western boundary of the Property; and
WHEREAS, upon considering the request for vacation 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 vacated, subject to the donation of a replacement easement acceptable to the City.
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 this resolution implements the following policies of the 2030 Comprehensive
Plan:
Resolution No.
Abandonment of a 15' wastewater utility easement on
Lot 3, Replat of Lots 2 and 3, W.D. Ischy Tract
Page 1 of 2
Goal 4.1.B. Effecient, Responsive Government. We have created and enforced
innovative, effective and fair regulatory codes and development standards to guide and
improve development quality
The City Council further finds that the adoption of this resolution is not inconsistent or in
conflict with any other 2030 Comprehensive Plan Policies.
SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed
abandoning and vacating the Property in the form attached hereto as Exhibit "A" and any
other documentation necessary to effectuate the abandonment and vacation; provided,
however, that the Quitclaim Deed shall not be recorded in the real property records of
Williamson County, Texas, until a replacement easement acceptable to the City has been
recorded therein.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this
CITY OF GEORGETOWN
By:
day of
, 2011.
ATTEST:
George ` . Garver, Mayor Jeica E . J, City Secretary
APPROVED AS TO FORM:
Bridget Chapman, ity Attorney -
Resolution No. (o I 1 is
Abandonment of a 15' wastewater utility easement on
Lot 3, Replat of Lots 2 and 3, W.D. Ischy Tract
Page 2 of 2
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: , 2011
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: Colonial Park Centre, LP, a Texas limited partnership, acting by and
through Colonial Park Development, LC, its general partner
GRANTEE'S Mailing Address (including County): 1913 Sutton Place Trail, Harker
Heights, Bell County, Texas 76548
CONSIDERATION: Ten 1 )ollars (510.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING a 15' (2,664 square foot) wastewater utility easement upon over and
across Lot 3, Replat of Lots 2 and 3, W.D. Ischy Tract, a subdivision of record in
Cabinet BB, Slide 28, Plat Records of Williamson County, Texas, said easement
being further described by metes and bounds and accompanying sketch on
Exhibit A attached hereto.
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 L)eed abandoning a 15' (2,664 square foot) wastewater utility easement
on Lot 3, Replat of Lots 2 and 3, W D Ischy Tract
Page 1 of 2
EXECUTED this the 3-7 day of V (,t
GRANTOR
CITY OF GEORGETOWN
BY:
George G. Garver, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON )
ATTEST:
, 2011.
City Secretary
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this date personally George G.
Garver, 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 LNDER MY HAND AND SEAL OF OFFICE this 0.1day of
2011.
APPROVED AS TO FORM:
Bridget Cha .man,
Nita, Public, State of Texas
AFTER RECORDING, RETURN TO:
ty Attorney e City Secretary
N City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Quitclaim Deed abandoning a 15' (2,664 square foot) wastewater utility easement
on Lot 3, Replat of Lots 2 and 3, W.D. Ischy Tract
Page 2 of 2
J12832ER
Page 1 of 1
EASEMENT RELEASE
FIELD NOTES
2,664 SQ FT OF LAND, MORE OR LESS, WASTEWATER EASEMENT, BEING OUT OF LOT 3,
REPLAT OF LOTS 2 AND 3, W.D. ISCHY TRACT, A SUBDIVISION IN WILLIAMSON COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET BB, SLIDE 28,
PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAVE AND EXCEPT THAT 0.230 ACRE
PORTION CONVEYED TO THE STATE OF TEXAS BY DEED RECORDED IN DOCUMENT NO.
2007067504, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; FOR WHICH A
MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS AND SKETCH
OF THIS EASEMENT TO BE RELEASED IS ATTACHED HERETO AND MADE A PART HEREOF.
BEGINNING at spindle found in the S.W. line of Lot 32, Lots 27 Through 35, Block 2, Amended Plat of Planned Unit
Development of Sun City, Georgetown, Phase 2, Neighborhood Ten a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet Q Slides 193-200, Plat Records Williamson County, Texas,
same being the most easterly corner of Lot 3 of said Replat of Lots 2 and 3, W.D.
Ischy Tract, for the S.E. corner of the herein described tract;
THENCE S48°23'42" W along the S E line of said Lot 3, same being the N.W line of Lot 2 of said subdivision, further
being the S.W. line of said wastewater easement for a distance of 180.00' to a point, for the S W. corner of this
wastewater easement, from which point, the S.W corner of said Lot 3 bears S48°23'42" W, at a distance of 151.45';
THENCE N17°31'35"W, crossing through said Lot 3 for a distance of 16.43 feet to a point, for the N.W. comer of the
herein descnbed tract;
THENCE N48°23'42"E along the N.W. lme of the herein described tract for a distance of 175.15 feet to a point in the
S.W. Ime of the aforementioned Lot 32, Block 2, for the most northerly corner the herein described tract; from which
point, a %" iron rod found at the S.W. corner of said Lot 32 bears N34°33' 11 "W at a distance of 54.82 feet;
THENCE S34°33' l 1 "E along the common line of said Lot 32 and the N E. line of the herein described tract for a
distance of 15.11 feet to the POINT OF BEGINNING, containing 2,664 square feet of land, more or less.
The undersign . o hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under
my direct supervi 'on and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
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Date
REFERENCES
Williamson County Appraisal District
Parcel No. R40174
EASEMENT RELEASE
Sketch to Accompany Field Notes
LEGAL DESCRIPTION:
2,664 SQ FT OF LAND, MORE OR LESS, OUT OF THE
REMAINDER OF LOT 3, REPLAT OF LOTS 2 AND 3, W.D.
ISCHY IHACT, A SUBDIVISION IN WILLIAMSON COUNTY,
TEXAS ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN CABINET BB, SLIDE 28, PLAT RECORDS,
WILLIAMSON COUNTY, TEXAS, SAVE AND EXCEPT THAT
0.230 ACRE PORTION OF LOT 3 CONVEYED TO THE
STATE OF TEXAS BY DEED RECORDED IN DOCUMENT
NO. 2007067504, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
LEGEND
SET 1/2" IRON ROD WITH CAP
STAMPED "WATERLOO RPLS 4324" SIRC
FOUND BRASS DISK
FOUND 1/2" IRON ROD
FOUND SPINDLE
POINT OF BEGINNING
1 "=80'
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7-77
radius=2797,10'
arc=93.22
chord=93.22'
N 55 47'33" W
THOMAS P. DIXON RPLS 4324
WATERLOO SURVEYORS INC.
1005 E. ST. ELMO STREET
AUSTIN, TEXAS 78745
Phone: 512-481-9602
J12832ER
0.230 acre
Doc# 2007067504
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Easement BB/28
OWNER:
COLONIAL PARK CEN IRE, L.P.
LOT 3
N 5650'04"
W 351 59'
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EASEMENT RELEASE
COURSE & DISTANCE CALLS
LINE
DIRECTION
DISTANCE
L1
N
17'31'35"
W 16.43'
L2
N
34'33'11"
W 54.82'
L3 S 34'33'11"
E 15.11'
BEARING BASE:
CENTRAL TEXAS STATE PLANE
COORDINATES BASE.