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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 RrNa 0 tr4i�A.. IO ABP01 N }n.)8A'A00PNY6.bear @$0$58060$R40s: .. 5@ 4324 a4 (- ego •6 4fressE� isicVi‘o/ 1 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' Nc P �. P(\ \ // .co QN e o /Nzl/ G o6ogC§)ati/ SAPC �Qos PS Q\oora '� gO .eo v FBD FIR FSP POB nRconc„ FIR 5/8" in co crete 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 R.O.W. Taking \, 4 Cots Piot of rhro(� 'SUn pi__ ugh 3. Ne,• DeO il N�`t dock 2 COb fhb° hetow,ne�e/pA Armen Slid es ��3 ef'hosee2t o Of 200 -"FIR 8. . FIR 1 20' Public Utility Easement BB/28 OWNER: COLONIAL PARK CEN IRE, L.P. LOT 3 N 5650'04" W 351 59' 1 I . 1.A 2338 .S 1O t 37 7' 2,664 SQ FT 15' WASTEWATER EASEMENT BB/28 to co ,N lot 32 to co rr 0) SIRC POB FSP 0 0 oa trri to N 0 J 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.