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HomeMy WebLinkAboutRES 082520-K - Abandon PUERESOLUTION NO. n&IS& — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A 0.024-ACRE PORTION OF A UTILITY EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO. 2010028582 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.Co.Tx). WHEREAS, City of Georgetown was granted a utility easement across a 0.444-acre tract of land in the John Berry Survey, as described in Document No. 2010028582 of the O.P.R.W.Co.Tx for the purpose of facilitating the extension of water and wastewater utilities over and across the encumbered property; and, WHEREAS, the existing easement is impeding the extension of public utilities necessary for the development of the encumbered and neighboring properties; and, WHEREAS, the abandonment of a 0.024-acre portion of the existing easement, as described in Exhibit "A", attached hereto (the "Easement"), would facilitate the extension of public utilities to the encumbered and neighboring properties; and, WHEREAS, IH35 SH130, LP, a Texas limited partnership ("Owners") now owns the property encumbered by the Easement and wishes to facilitate the extension of public utilities; and, WHEREAS, additional easement(s) are to be granted to the City as meet the City's requirements and are sufficient for the extension of City utility lines; 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 Owners, upon receipt of all required additional replacement easement(s). 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. 052— T. MORALES, 200-1000-0011 CoG Map Quad N-57/58 ry Page 1 of 2 Date Approved: (�AAQ1A.5k 1 Z� 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 t he Quitclaim Deed in substantially the same form attached hereto as Exhibits "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 2020. CITY OF GEORGETOWN ATTEST: By: ' t,C Dale Ross, Mayor Robyn Densmore, City Secretary APPROVED AS TO FORM: Skye asson( City Attorney Resolution No. 619,) ' T. MORALES, 200-1000-0011 CoG Map Quad N-57/58 Date Approved: Al uAM �ZS ; D?.k Page 2 of 2 Exhibit "A" Page Iof2 Proj No. 22675 July 29, 2020 DESCRIPTION OF EASEMENT 1,052 Sq.Ft, John Berry Survey Abstract No. 51 Williamson County, Texas DESCRIPTION OF A 1,052 SQUARE FOOT TRACT OF LAND LOCATED IN THE JOHN BERRY SURVEY, ABSTRACT 51, WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 49.31 ACRE TRACT OF LAND BEING CONVEYED TO IH35 SH130 LP BY DEED OF RECORD IN DOCUMENT NO. 2018066618, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 1,052 SQUARE FOOT TRACT OF LAND BEING SURVEYED ON THE GROUND IN MAY, 2020 , UNDER THE DIRECT SUPERVISION OF MIGUEL A. ESCOBAR, LSLS, RPLS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod with TxDOT aluminum cap found for a point of reverse curvature on the east right-of-way line of State Highway 130 (SH 130), right-of-way varies, same line being the west boundary line of said 49.31 acre tract of land, same line being the west boundary line of that certain 0.444 acre Georgetown Utility Easement of record in Document No. 2010028582, said Official Public Records, for a corner of said 49.31 acre tract of land, and for a corner of that certain 11.070 acre tract of land described as Parcel 17, Part 1, in a deed to the State of Texas by deed of record in Document No. 2005015488, of the Official Public Records of Williamson County, Texas, and for the southwest corner of that certain 20 foot wide electric utility easement of record in Document No. 2006010421, said Official Public Records, from which point a 1/2 inch iron rod with cap stamped "FOREST RPLS 1847" found on said east right of way line bears with a curve to the right, with said east right-of- way line, an arc distance of 76.81 feet, having a radius of 200.00 feet, a central angle of 022°00'17", and a chord that bears North 43°42'34" West, a chord distance of 76.34 feet; THENCE, North 35°08'05" East, over and across said Georgetown Utility Easement, with the south boundary line of said 20 foot wide electric easement, a distance of 15.00 feet, to a point for a corner and POINT OF BEGINNING of the herein described tract; THENCE, North 35°08'05" East, continuing over and across said Georgetown Utility Easement and with the south boundary line of said 20 foot wide electric easement a distance of 5.00 feet, to a point for the southeast corner of said 20 foot wide electric easement, and for an interior ell corner of the herein described tract; THENCE, continuing over and across said Georgetown Utility Easement and with a non -tangent curve to the right, with the east boundary line of said 20 foot wide electric easement, an arc distance of 40.54 feet, having a radius of 180.00 feet, a central angle of 012954'12", and a chord that bears North 48°33'10" West, a chord distance of 40.45 feet, to a point for the northwest corner of the herein described tract; THENCE, North 47°53'55" East, continuing over and across said Georgetown Utility Easement, a distance of 15.00 feet, to a point on the east boundary line of said Georgetown Utility Easement, for the northeast corner of the herein described tract; THENCE, with said east boundary line of said Georgetown Utility Easement, with a non -tangent curve to the left an arc distance of 37.16 feet, having a radius of 165.00 feet, a central angle of 012°54'12", and a chord that bears South 48°33'10" East, a chord distance of 37.08 feet, to a point; *.,K- STEGER BIZZELL 497L f'saza II`` 1978 S. Austin Ave Georgetown, TX 78626 Page 2 of 2 Proj No. 22675 July 29, 2020 1,052 Sq.Ft. John Berry Survey Abstract No. 51 Williamson County, Texas THENCE, continuing with said east boundary line of said Georgetown Utility Easement, with a non -tangent curve to the right an arc distance of 25.04 feet, having a radius of 1303.17 feet, a central angle of 001"06'03", and a chord that bears South 54°25'31" East, a chord distance of 25.04 feet, to a point for the southeast corner of said Georgetown Utility Easement, and for the southeast corner of the herein described tract; THENCE, South 43'56'41" West, with the south boundary line of said Georgetown Utility Easement, a distance of 20.19 feet, to a point for the southwest corner of the herein described tract; THENCE, over and across said Georgetown Utility Easement, with a non -tangent curve to the left an arc distance of 21.91 feet, having a radius of 1283.17 feet, a central angle of 000°58'42", and a chord that bears North 54°28'59" West, a chord distance of 21.91 feet, to the POINT OF BEGINNING, and containing 1,052 square feet of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All distances shown hereon are surface values represented in U.S. Survey Feet based on a Grid -to -Surface Combined Adjustment Factor of 1.00013. The foregoing metes and bounds description and survey on which it is based is accompanied by and a part of a survey map of the subject tract. The subject tract is an easement, monuments were not set for corners. I certify that this description was prepared from a survey made on the ground in May, 2020, under my supervision. Steger & Bizzell Engineering Inc. Miguel A. Escobar, LSLS, RPLS Texas Reg. No. 5630 1978 South Austin Avenue Georgetown, Texas 78626 (512)930-9412 TBPLS Firm No. 10003700 P:\22000-22999\22675 T Morales Office Warehouse\Survey Data\Descriptions\22675-ESMT 3-T MORALES.docx STEGER0131ZZELL 1978 S. Austin Ave Georgetown, TX 78626 LJne Table Line # Direction Length L1 N 35'08'05" E 5.00' L2 N 47"53'55" E 15.00' L3 S 43'56'41" W 20.19' 1 47 2 S0' 1 0' GRAPHIC SCALE: 1" =100' 'l 0 p o. if O or 'I LLIn O o W H N �E~n2 U S 1 20' ELECTRIC UTILITY EASEMENT DOC NO. 2DO6010421, OPR O "FOREST I RPLS1847" a LLl CD t_2 Ln 0 < 0 x I o c POB L1to N35"0B'05"E 1 5.00' N POC CALLED 0.444 AC EXCLUSIVE GEORGETOWN UTILITY EASEMENT DOC NO. 2010028582, OPR CALLED 0.0937 AC PUBLIC UTILITY EASEMENT DOC NO.2017009837, OPR LEGEND 1/2 INCH IRON ROD FOUND WITH TXDOT ALUMINUM CAP (OR AS NOTED) O IRON ROD WITH CAP STAMPED "STEGER BIZZELL" SET PUE PUBLIC UTILITY EASEMENT ROW RIGHT-OF-WAY OR OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS OPR OFFICIAL PU BUC RECORDS OF WILLIAMSON COUNTY, TEXAS DR DEED RECORDS OF WILLIAMSON COUNTY, TEXAS PR PLAT RECORDS OF WILLIAMSON COUNTY, TEXA5 POB POINT OF BEGINNING POC POINT OF COMMENCEMENT NOTES: 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (NAD_83 (2011)). ALL DISTANCES SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN U.S. SURVEY FEET BASED ON A GRID -TO -SURFACE COMBINED ADJUSTMENT FACTOR OF 1.00013. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT ACCOMPANYING THIS SKETCH. 3. THE SUBJECT TRACT SHOWN HEREON IS AN EASEMENT, MONUMENTS WERE NOT SET FOR CORNERS. CALLED 49.31 AC IH35 SH130, LP DOC. NO.2018066618, OPR 0.024 AC (1,052 SOFT) / EASEM T / I CERTIFY THAT THIS MAP WAS PREPARED FROM A SURVEY MADE ON THE GROUND IN MAY, 2020, UNDER MY SUPERVISION. STEGER BIZZELL DY�IP��o MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S. TEXAS REG. NO. 5630 OF W� 2EASEMENT ELECTRIC UTIUTY r / DOC NO. 2006010421, OPR / lee" +e. q�sp �hS yTF Tp.S� �x Curve Table Curve # Length Radius Delta Bearing Chord C1 40.54' 180.00' 012'54'12" N 48'33'10" W 40.45' C2 37.16' 165.00' 012'54'12" S 48'33'10" E 37.08' C3 25.04' 1303.17' 001'06'03" S 54'25'311" E 25.04' C4 21.91' 1283.17' 000'58'42" N 54'28'59" W 21.91' C5 76.81' 200.001 022'00'17" N 43'42'34" W 76.34' i�+Gt��..s..osA" ; .•� ���E35L��P�'� 7 SKETCH TO ACCOMPANY DESCRIPTION OF A 1052 SQ FT EASEMENT OUT OF THE JOHN BERRY SURVEY, A-51 WILLIAMSON COUNTY, TEXAS SHEET IOF1 STEG ER B IZZELL 19785. AUSTIN AVENUE GEORGETOWN, TX786M 5129309Z2 !—NWI579f DLNl hLE"NIEI FIRM F-181I,II STEGERBI2ZELL.COM 1�'!A FIRN I1�1"]ylm »ENGIn'EERS r>FIRNNERS »SURVEYORS DATE 7-28-2020 JOB NO. 22675 Exhibit "B" UITCLAIM 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: IH35 SH130, LP, a Texas limited partnership GRANTEE'S Mailing Address (including County):6002 Camp Bullis Rd, Attn: Rajeev Puri, San Antonio, Bexar County, Texas 78257 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING an approximately 0.024 acre portion of that easement across a 0.444 acre tract granted to the City of Georgetown in a Document No. 2010028582 of the Official Public Records of Williamson County, Texas, as described by metes and bounds with sketch on Exhibit "A" attached hereto and incorporated herein by 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 PUE T. MORALES, 200-1000-0011 CoG Map Quad N-57/58 Page 1 of 2 EXECUTED this the _day of 52020. GRANTOR: CITY OF GEORGETOWN W4 �- 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 45day ofdwm4t 2020. `c kJkv am `-REN FROST - 0 # 1053608-4 • commission Expires ` May 24, 2024 APPROVED AS TO FORM: Skye 14assoWCity Attorney Quitclaim Deed abandoning PUE T. MORALES, 200-1000-0011 CoG Map Quad N-57/58 Page 2 of 2 Notary Public, State of Texas [Exhibit "A" to Quitealim] Exhibit "A" to the Quit Claim Deed is heretofore attached as Exhibits "A" to the foregoing Resolution and will be attached accordingly to the original Quit Claim Deed prior to execution and recording.