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HomeMy WebLinkAboutRES 090820-F - Abandon PUERESOLUTION NO. Q9' OS 20 __p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING ALL OF THAT CERTAIN EASEMENT ACROSS A 0.388 ACRE TRACT SITUATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524, GRANTED TO THE CITY OF GEORGETOWN BY THE INSTRUMENT RECORDED AS DOCUMENT NO. 2011073007 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TO GEORGE ELIZONDO A/K/A JORGE A. ELIZONDO AND RACHEL PEREZ F/K/A RACHEL ELIZONDO. WHEREAS, the City of Georgetown (the "City") has received an application from George Elizondo A/K/A Jorge A. Elizondo and Rachel Perez F/K/A Rachel Elizondo (the "Owners") for the release and abandonment of above mentioned easement across the 0.388 acre tract, together with temporary rights to the adjacent 25' of Owners' property, as granted to the City by that Utility Easement recorded in Document No. 2011073007 in the Official Public Records of Williamson County, Texas (the "Easement"); and WHEREAS, said Easement was acquired for the purpose of constructing water and wastewater utilities across the property of which the easement tract is a part; and, WHEREAS, the Owners were compensated for the Easement by the City in the amount of $15,500; and, WHEREAS, the Owners are requesting to repurchase the Easement. They propose to (1) grant to the City a replacement utility easement across a 0.22 acre tract of Owners' property parallel and adjacent to Shell Road as described by metes and bound in the attached Exhibit "A" and by sketch in Exhibit "B" attached hereto and incorporated herein (the "Replacement Easement"); and, (2) repay to the City the remaining value of the Easement after the value of the Replacement Easement is deducted, calculated to be $6,607.19 ("Recovery Payment"); 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 Easement no longer exists and it may, therefore, be abandoned and released upon acceptance of the Replacement Easement, and the receipt of the Recovery Payment. WHEREAS, nothing herein shall operate to release any other easement, nor any portion of the Easement not herein described. Resolution No. 09 L f 2 0 E Description: Release and abandonment of a Utility Easement, Elizondo-Enclave , L, ABD-2020-005 rr Page 1 of 2 Date Approved: D A C- 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 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.:S2"�f 2020. CITY OF GEORGETOWN ATTEST: By: 9C4 4eseMayor Robyn Dinsmore, City Secretary APPROVED AS TO FORM: Shmv C. "e-N&-Me'1ER, nSss. ClY4 A o1l" Resolution No. Description: Release and abandonment of a Utility Easement, Elizondo-Enclave WL, ABD-2020-005 Page 2 of 2 Date Approved: EXHIBIT "A" 20 FOOT WIDE UTILITY EASEMENT FIELD NOTE DESCRIPTION FOR A 0.22 ACRE (9,688 SF) TRACT OF LAND, WILLIAMSON COUNTY, TEXAS: BEING A 0.22 ACRE (9,688 SF) TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY ABSTRACT NO. 524, IN WILLIAMSON COUNTY, TEXAS, LYING WITHIN THAT 10.00 ACRE TRACT OF LAND CONVEYED TO GEORGE A. ELIZONDO AND RACHEL P. ELIZONDO BY FINAL DECREE OF DIVORCE, AS RECORDED IN DOCUMENT NO. 2006112650 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/z inch iron rod found lying in the southeast right-of-way line of Shell Road, a public street, said point marking the west corner of said 10.00 acre tract, conveyed to George A. Elizondo and Rachel P. Elizondo by Final Decree of Divorce, as recorded in Document No. 2006112650 of the Official Public Records of Williamson County, Texas, and the north corner of that certain 8.53 acre tract conveyed to Cross and Crown Lutheran Church by Special Warranty Deed with Vendor's Lien as recorded in Document No. 2000086079 of the Official Public Records of Williamson County, Texas, for the west corner of this described tract; THENCE North 34'11'37" East along the northwest line of this tract, common with the southeast right-of-way line of Shell Road and the northwest line of said 10.00 acre Elizondo tract, a distance of 485.60 feet to a''/Z inch iron rod found, marking the north conger of said Elizondo tract, for the north corner of this tract; THENCE South 51°32'34" East along the northeast line of this tract, common with the northeast line of said 10.00 Elizondo acre tract, leaving the southeast right-of-way line of Shell Road, a distance of 20.00 feet to a calculated point, for the east corner of this tract; THENCE South 34°11' 19" West along the southeast line of this tract, through and across said 10.00 Elizondo acre tract, a distance of 484.82 feet to a calculated point, lying in the northeast line of said Cross and Crown 8.53 acre tract, for the south corner of this tract; THENCE North 53°46'37" West along the southwest line of this tract, common with the southwest line of said 10.00 Elizondo acre tract, and northeast line of said 8.53 acre Cross and Crown tract, a distance of 20.00 feet to the POINT OF BEGINNING, containing 0.22 acres (9,688 square feet) of land, more or less. BEARING BASIS: TEXAS LAMBERT GRID, CENTRAL ZONE, NAD 83 O*.r F RF • i;E GE E. LUCAS ................... 4160 SS%�.-:�C George E. Lucas 5 U R" R.P.L.S. No. 4160 Celco Surveying Firm Registration No. 10193975 2205 Stonecrest Path New Braunfels, Texas 78130 August 31, 2020 tit4� " w zo x • m � � � 6a 1 J o W B O o< 1 m© c d IMF a a Po z( XFvgvg11 O( n N T I�riiyy Li�pF in YJ NNmW & U N Z o vi W rl r I Q � rrr wW llo i o iy " o x O + F" [3r. ; f b C I r LZ i r w vi + mFd + goo r = w +r F-z Su V 5:o oz pU �' i pz Z�Zso f 3 I Z N=N 04 W—� g¢ rc [y � W oo 41 o - t y2, o 'U M =�8g^ j �N—W 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: George Elizondo A/K/A Jorge A. Elizondo and Rachel Perez F/K/A Rachel Elizondo GRANTEE'S Mailing Address (including County): 3900 Shell Road, Georgetown, Williamson County, Texas 78628 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 granted to the City by that Utility Easement recorded in Document No. 2011073007 in the 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 Utility Easement Elizondo-Enclave WL, ABD-2020-005 CoG Map Quad M-61 Page 1 of 2 EXECUTED this the -day of 32020. GRANTOR: CITY OF GEORGETOWN BY: 6,z Dale Ross, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: Robyn Dens are, 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 0 day of 2020. �rA KAREN FROST Notary ID # 10536084 s }i' My Commission Expires of May 24, 2024 APPROVED AS TO FORM: r—_ Skye 14asson,ity Attorney Lx�aA� 44& Notary Public, State of Texas Quitclaim Deed abandoning a portion of a Utility Easement Wolf Ranch West Sec 4A, ABD-2020-002 CoG Map Quad L-53 Page 2 of 2 UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This Agreement (this "Agreement") is made on the � eday of O-N� , 2020, at Georgetown, Texas, between EIDOM Enterprises, LLC., whose dddress is 3900 Shell Road, Georgetown, Texas 78628 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns, an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of utility lines and related facilities (collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Easement; and (3) the right to remove from the Easement all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the GEORGETOWN UTILITY EASEMENT Page 1 of 2 Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 8. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNE§§ WHEREOF, Grantor has caused this instrument to be executed on this LL day of c 2020. GRANTO : MarF nfro Mark R nfroe Manager of EIDOM Enterprises, LLC. STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the �� day of 2020, by Mark Renfroe. Votary�� Public, State of Texas APPROVED AS TO FORM: LIANA D.PERRIER * *" My Notary ID # 132569503 Expires July 15, 2024 SA µc 5 c. �i/icrl�c.rh ��+C, Assn. CiYt A roweti GEORGETOWN UTILITY EASEMENT Page 2 of 2 Consent and Subordination by Lienholder Texas Financial Bank, P.O. Box 10, Big Lake, Reagan County, Texas 76932 ("Lienholder"), as the holder of a Deed of Trust/Security Agreement /Financing Statement dated March 28, 2019, recorded in Instrument No. 2019025600 Official Public Records of Williamson County, Texas, consents to the above grant of an Easement, including the terms and conditions of the grant, and Lienholder subordinates its lien[s] to the rights and interests of Grantee, so that a foreclosure of the lien[s] will not extinguish the rights and interests of Grantee. TEXAS FINANCIAL BANK Name: Wilson Stokes Title: Senior Vice President STATE OF s § § COUNTY OF § This instrument was acknowledged before me on this the )'rl day of ►A 5 202�> by w'Is°n Sam SCv�,`dr ���tr YrCJ;geG+ of 5 t'•`.nz,„r �c.I., a C7�,�.�e� on behalf of said � ,�j o h VILLESCAS NOTARY PUBLIC STATE. OF TEVGS ID ;# 126747_73-8 My Comm. Expires 12-04-2020 GEORGETOWN EASEMENT CONSENT 200-1000-0006 CoG Map Quad M-49 Notary Public, State of -,-'�' ,S FXHTRTT A 15 FOOT WIDE UTILITY EASEMENT FIELD NOTE DESCRIPTION FOR A 0.19 ACRE (8,249 SQUARE FEET) TRACT OF LAND, WILLIAMSON COUNTY, TEXAS: BEING A 0.19 ACRE (8,249 SQUARE FEET) TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY ABSTRACT NO. 524, IN WILLIAMSON COUNTY, TEXAS, LYING WITHIN THAT CERTAIN 24.30 ACRE TRACT OF LAND CONVEYED BY SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO EIDOM ENTERPRISES LLC, AS RECORDED IN DOCUMENT NO. 2016081879 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS: BEGINNING at 1/2 inch iron rod found marking the southeast corner of that certain 24.30 acre tract conveyed to Eidom Enterprises, LLC as recorded in Document No. 2016081879 of the Official Public Records of Williamson County, Texas, said point also marking the southwest corner of Lot 25, Block C of the Hidden Oaks at Berry Creek Subdivision as recorded in Document No. 2020005130 of the Plat Records of Williamson County, Texas, for the southeast corner of this described tract; THENCE South 69°53' 17" West, along the south line of this tract and north line of Lot 19, Block C of said Hidden Oaks at Berry Creek Subdivision, a distance of 15.00 feet to a calculated point for the southwest corner of this tract; THENCE North 20'07' 14" West, along the west line of this tract, through and across said 24.30 acre Eidom Enterprise, LLC tract, a distance of 550.03 feet to a calculated point for the northwest corner of this tract; THENCE North 70°24'33" East, along the north line of this tract, a distance of 15.00 feet to a calculated point lying in the west line of Lot 30, Block C, of said Hidden Oaks at Berry Creek Subdivision, for the northeast corner of this tract; THENCE South 20°07' 14" East, along the east line of this tract, common with the east line of said 24.30 acre tract and west line of Lots 25 through 30, Block C, of said Hidden Oaks at Berry Creek Subdivision, a distance of 549.89 feet to the POINT OF BEGINNING, and containing 0.19 acres (8,249 square feet) of land, more or less. G ' — George E. Lucas (G�EQRGE E. L.UCA, "�04160�4!ty R.P.L.S. No. 4160 � CELCO Surveying Firm Registration No. 10193975 2205 Stonecrest Path New Braunfels, Texas 78130 April 6, 2020 r co D.E SKETCH TO ACCOMPANY FIELD NOTES 15' WIDE UTILITY EASEMENT SCENIC OAKS DRIVE (65' ROW) _ 0 1110R.R p. 0 N 00 t`v°uU'9e N N N — — — ` — S20107'144E 549.89'— — - CIO 1 N LO ' r I \ � N I POINT OF I BEGINNING I tZO' D.E 1-1 N II 550.03'j _ 15' WIDE UTILTTY EASEMENT 1 ~ 1 0.19 ACRE = { (8,249 SO.FT.) 20 VVA 2OH P A 14MT� 60 O.P.R.W.C.T. { x x 10' WIDE 18 PQ BASS T x VOL. 12 r x �B1� �x I }} I o' x c1pr5" Y ap�4 �� �4ON EXISTING EUILDIN BUILDIN FLOOD INF RUATMA TENS SITE LIES WRFNN ZONE 'X' FLOODPLAIN AREA. NO PORTION OF THIS PROPERIY LIES MRTHIN A 100-YEAR FLOOOPLAIN BOUNDARY ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM'S FLOOD INSURANCE RATE AMP FOR WLLIAMSON COUNTY, TEXAS. COMMUNFTY PANEL NUMBER: 4a491CO2&y MIO 4849iCA28.5F FLOOD AMP DIALED Line Table LEGAL DMGBIPTION: Una f Length Direction 8EING A 0.19 ACRE (8,249 S.F.) TRACT OF LAND SMJAlED IN THE WILL.IAM ROBERTS SURVEY ABSTRACT NO. 524, IN WILLL+i MSON COUNTY, TEXAS, LYING WITHIN THAT L1 15.00' S67 53' 17"W CERTAIN 24.30 ACRE TRACT OF LAID CONVEYED BY SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO EIDOM ENTERPRISES LLC, AS RECORDED IN DOCUMENT NO. L2 15.00' N70' 24' 331 om anal a -To nc i uL: nrL-Tr+TI1 aI Ia1 Ire wcr+nwirwc e%V ►LnI I Iwcrw PrU Ik v I N WAQ EXHIBIT B o' 100, SCALE 0 • MION ROD FOUND O IRON ROD SET BO 44MW LIME EXIq I R.D.W. LIME Ln — - - EXMSTNM LOT LINE v �•••�•••�� IDGMING CENTEit J UWE OF DITCH — — — — EASEMENT EXIMM PAVEMENT Qx o WE FENCES + FEE HYDRANT POWER POLE —OFE— OVERMAD EUMMC Z EOJL EDGE OF BASE DG WATER VALVE O.P.RW.C.T. OFFICIAL PUBLIC ROWRDS OF WLLMMSON COUNTY. TEKAS GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR No. 4160 CELCO SURVEYING, FIRM REGISTRATION NO. 10193975 2205 STONECREST PATH NEW BRAUNFELS. TEXAS 78130 OFFICE (512) 635-4857 UTILITY EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN iY THES {: PRESENTS: This Agreement (this "Agreement") is made on the day of , 2020. at Georgetown. Texas, between George A. Elizondo AIK/A Jorge A. Elizondd and Rachel Perri F/K/A Rachel Elizondo, whose address is' 900 Shell Road, Georgetown, Texas 78628 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown. 'Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). I. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRAN1:"S, Sl'..,LLS and CONVI: YS to Grantee, its successors and assigns, an EXCb SIVE easement and right-of-way (the ".Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding. relocation and/or removal of utility lines and related facilities (collectively, the "facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson. State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement urea" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only, for the purpose of placing. constructing. operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating;, and/or removing the ]Facilities. The Easement additionally includes the following rights: (1) the right to change the size of the Facilities; (2) the right to relocate the Facilities within the Easement; and (3) the right to remove from the Easement all trees and parts thereof. or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights C.EORGETOWN UTILITY EASEMENT CoG Map Quad M-61 Project No. 200-7000-0023 Page I of 3 conveyed in this Agreement to Grantee and Grantee's successors and assigns. against every person lawfully claiming or to claim all or any part thereof. 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee. and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by al I parties. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WF['NI SS WIII::-*RI:`0 F, Grantor has caused this instrument to be executed on this g day of , 2020. GEORGETOWN UTILITY EASEMENT CoG Map Quad M-61 Project No. 200-7000-0023 Page 2 of 3 GRANTOR: Cieorg ] :lizMntlo A/K/A Jorge 11. Eli,on o GRAN ---TOR: Rachel Perez F/K/A RFach E]izotido STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the clay- of S� 2020, by George A. [alizondo A/Kr'A Jorge A. l ]izotado MIN RUTH VASQUEZ A �..... . My Notary ID # 128927928 Notat-T Public, e of Teaa. Expires March 21, 2024 STATE OF TEXAS ('GLINT"Y OF WILLIAMSON This instrument was acknowledge(] before me on this the clay of �5epfow,�W 2020. by Rachel Perez 1,/K A Rachel l'. lizondo. "'Y , •. MINDY RUTH VASQUEZ My Notary ID # 128927928 r Expires March 21, 2024 Notary Public APPROVED AS TO FORM: 9pl6s c. 1<Ac K6c.MP&R . Asst. City Attorney GEORGETOW.N UTILITY EASEMENT CoG Map Quad M-61 Project No. 200-7000-0023 Page 3 of 3 Consent and Subordination by Lienholder Sand Canyon Corporation fka Option One Mortgage Corporation by its Attorney in Fact Ocwen Loan Servicing LLC. Of 1 Mortgage Way, Mount Laurel, NJ 08054 [address] ("Lienholder"), as the holder of [a] lien[s] on George A. Elizondo and Rachel Elizondo Property subject to the Easement is 3900 Shell Rd, Georgetown TX, 78628, Document number 2005057071, consents to the above grant of an Easement, including the terms and conditions of the grant, and Lienholder subordinates its lien[s] to the rights and interests of Grantee, so that a foreclosure of the lien[s] will not extinguish the rights and interests of Grantee. Sand Canyon Corporation fka Option One Mortgage Corporation by its Attorney in Fact Ocwen Loan Servicing LLC. By: �Avz— Name:— Title: STATE OF NEW JERESY § COUNTY OF BURLINGTON § This instrument was acknowledged before me on this the ) hay of August, 2020,by Sand Canyon Corporation fka Option One Mortgage Corporation by its Attorney in Fact Ocwen Loan Servicing LLC. a Corporation. *. NBC() . 4f, CX THE Notary Public, State of STATE OF NJ 0 Q piye ` m = COMMISSION EXPIRES NOVEMBER 15, 2022 + � GEORGETOWN EASEMENT CONSENT 200-1000-0006 CoG Map Quad M-49 Page 1 EXHIBIT "A" 20 FOOT WIDE UTILITY EASEMENT FIELD NOTE DESCRIPTION FOR A 0.22 ACRE (9,688 SF) TRACT OF LAND, WILLIAMSON COUNTY, TEXAS: BEING A 0.22 ACRE (9,688 SF) TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY ABSTRACT NO. 524, IN WILLIAMSON COUNTY, TEXAS, LYING WITHIN THAT 10.00 ACRE TRACT OF LAND CONVEYED TO GEORGE A. ELIZONDO AND RACHEL P. ELIZONDO BY FINAL DECREE OF DIVORCE, AS RECORDED IN DOCUMENT NO. 2006112650 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found lying in the southeast right-of-way line of Shell Road, a public street, said point marking the west corner of said 10.00 acre tract, conveyed to George A. Elizondo and Rachel P. Elizondo by Final Decree of Divorce, as recorded in Document No. 2006112650 of the Official Public Records of Williamson County, Texas, and the north corner of that certain 8.53 acre tract conveyed to Cross and Crown Lutheran Church by Special Warranty Deed with Vendor's Lien as recorded in Document No. 2000086079 of the Official Public Records of Williamson County, Texas, for the west corner of this described tract; THENCE North 34'11'37" East along the northwest line of this tract, common with the southeast right-of-way line of Shell Road and the northwest line of said 10.00 acre Elizondo tract, a distance of 485.60 feet to a 1/2 inch iron rod found, marking the north corner of said Elizondo tract, for the north corner of this tract; THENCE South 51'32'34" East along the northeast line of this tract, common with the northeast line of said 10.00 Elizondo acre tract, leaving the southeast right-of-way line of Shell Road, a distance of 20.00 feet to a calculated point, for the east corner of this tract; THENCE South 34011' 19" West along the southeast line of this tract, through and across said 10.00 Elizondo acre tract, a distance of 484.82 feet to a calculated point, lying in the northeast line of said Cross and Crown 8.53 acre tract, for the south corner of this tract; THENCE North 53°46'37" West along the southwest line of this tract, common with the southwest line of said 10.00 Elizondo acre tract, and northeast line of said 8.53 acre Cross and Crown tract, a distance of 20.00 feet to the POINT OF BEGINNING, containing 0.22 acres (9,688 square feet) of land, more or less. BEARING BASIS: TEXAS LAMBERT GRID, CENTRAL ZONE, NAD 83 ............................... C;6R E E. LUCAS r .....4'�Tv '..,, Ess�°:' L� George E. Lucas S U R R.P.L.S. No. 4160 Celco Surveying Firm Registration No. 10193975 2205 Stonecrest Path New Braunfels, Texas 78130 August 31, 2020 �aG0, �9$ LEGAL DESCRIPTION: BEING A 0.22 ACRE (9,688 S.F.) TRACT OF LAND SITUATED IN THE WILLIAM ROBERTS SURVEY ABSTRACT NO. 524, IN WILLIAMSON COUNTY, TEXAS, LYING WITHIN THAT 10.00 ACRE TRACT OF LAND CONVEYED TO GEORGE A. ELIZONDO AND RACHEL P. ELIZONDO BY FINAL DECREE OF DIVORCE, AS RECORDED IN DOCUMENT NO. 2006112650 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SKETCH TO ACCOMPANY FIELD NOTES 20' FOOT WIDE UTILITY EASEMENT Line Table Line # Length Direction L1 485.60' N34' 11' 37'E L2 20.00' S51' 32' 34"E L3 484.85' S34' 11' 19'W L4 20.00' N53' 41' 31 V EXHIBIT "B" 0' 100' SCALE 1" = 100' LEGEND m DENOTES BENCHMARK 0 DENOTES 1/2' ST. SK. SET DENOTES 1/2- ST. SK. FND. D.E. DRAINAGE EASEMENT A.E. ACCESS EASEMENT PROPERTY LINE OR R.O.W. LINE — — — — — — UTILITY OR DRAINAGE EASMENTS WW WASTEWATER MH MANHOLE B.S.L. BUILDING SETBACK LINE C.C.R. COVENANTS, CONDITIONS AND RESTRICTIONS BLOCK NAME P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMS0N COUNTY, TEXAS. BEARING BASIS: TEXAS LAMBERT GRID, CENTRAL ZONE, NAD 83 DATE: 8-31-2020 GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR No. 4160 CELCO SURVEYING, FIRM REGISTRATION NO. 10193975 2205 STONECREST PATH NEW BRAUNFELS, TEXAS 78130 OFFICE (512) 635-4857