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HomeMy WebLinkAboutRES 071321-G - Somerset Hills Utility Esmt.RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A UTILITY AND AN ACCESS EASEMENT SITUATED IN THE FREDERICK FOY SURVEY, A-229, DEDICATED BY SEPARATE INSTRUMENT TO THE CITY OF GEORGETOWN AND RECORDED AS DOCUMENT NOS. 200906088 AND 2009060885 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TO AARONSON TIERRA, LLC AND FURMAN TIERRA, LLC WHEREAS, the City of Georgetown (the "City") has received an application from Aaronson Tierra, LLC, a Texas limited liability company and Furman Tierra, LLC a Texas limited liability company, for the partial release and abandonment of a utility easement and an access easement dedicated to the City in Document Nos. 2009060885 and 2009060888 in the Official Public Records of Williamson County, Texas (the "Easement"); and WHEREAS, said Easements were acquired for the purpose of access and, constructing and maintaining utilities across property of which the easement tract was a part; and, WHEREAS, the current owners of the property encumbered by the above -described easement, Aaronson Tierra, LLC and Furman Tierra, LLC. (the "Owners"), have requested the abandonment of the Easement as the Easement hinders use or conveyance of the property based on a redesigned site plan. The Easements requested to be abandoned and released are described in Document Nos. 2009060888 and 2009060885 in the Official Public Records of Williamson County, Texas and specifically described by metes and bound and diagram in Exhibit "A" and B respectively, attached hereto and incorporated herein (the "Property"). WHEREAS, the Owners are providing replacement easements to the City and will construct new infrastructure as part of its development; 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 Property no longer exists, and it may, therefore, be abandoned and released to the Owners, upon receipt of all required additional replacement easement(s). Resolution No. d Description: Release and abandonment of a Utility and Access Easement, Somerset Hills, ABD-2020-010 Page 1 of 2 Date Approved: tou 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. Upon receipt of all required additional replacement easements, 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 1 iln- day of 2021. CITY 1 M. APPROVED AS TO FORM: Skye Oasson, City Attorney ATTEST: Robyn De smore, City Secretary Resolution No. ()1, I 7'I -y, Description: Release and abandonment of a Utility and Access Easement, Somerset Hills, ABD-2020-010 Page 2 of 2 Date Approved: 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: 2021 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, a Texas limited liability company, 50% Furman Tierra, LLC, a Texas limited liability company, 50% GRANTEE'S Mailing Address (including County): Aaronson Tierra LLC, 1415 Travis Heights Blvd, Austin, Texas 78704; Furman Tierra, LLC, 801 W. 5ch Street, Apt. 206, Austin, 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 pertaining to that utility easements in that portion of a certain tract containing approximately 0.9417 acres, and land located in the Frederick Foy Survey, A-229, Williamson County, Texas, more particularly described by metes and bounds and a sketch in Document Numbers 2009060885 BEING all of those easement rights pertaining to that access easements in that portion of a certain tract containing approximately 0.9417 acres, and land located in the Frederick Foy Survey, A-229, Williamson County, Texas, more particularly described by metes and bounds and a sketch in Document Numbers 2009060888. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S Quitclaim Deed abandoning Waterline Easement Somerset Hills, ABD-2020-010 CoG Map Quad J-63 Page 1 of 2 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. EXECUTED this the day GRANTOR: CITY OF GEORGETOWN I.Iva Josh Schroeder, Mayor STATE OF TEXAS ) COUNTY OF WILLIAMSON ) , 2021. ATTEST: Robyn Densmore, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally Josh Schroeder, 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 , 2021. Notary Public, State of Texas Quitclaim Deed abandoning Waterline Easement Somerset Hills CoG Map Quad J-63 Page 2 of 2 APPROVED AS TO FORM: Skye Masson, City Attorney UTILITY EASEMENT ' EXHIBIT A, PG I TRACT 1 METES AND BOUNDS DESCRIPTION 0.9417 ACRE FREDERICK FOY SURVEY, A-229 WILLIAMSON COUNTY, TEXAS Being a 0.9417 acre (41,022 square feet) of land situated in the Frederick Foy Survey, A n County, Texas and being a portion of a called 87.442 acre tract of land conveyed to DEL S LIMITED PARTNERSHIP, under Document No. 9728557 of the Official Recor f on County, Texas (O.R.W.C.T.). Said 0.9417 acre tract being more particularly des es and bounds as follows with all bearings being referenced to the Texas State Plane Cogr Sy , Texas Central Zone, NAD 83/93 HARN Datum. Coordinates shown hereon are gri d stances were converted to surface by multiplying by the combined factor of 1.000143965. COMMENCING at a 1/2-inch iron rod found (X= 3,111,014.37: Y- 10, , 7) marking the northeast corner of said 87.442 acre tract, said point also being in thet line Utility Easement conveyed to the City of Georgetown as recorded under Document i 98 of the O.R.W,C.T.. Said point also being in the south line of the remainder of a called t .84 amp act conveyed to John F. Yearwood as recorded in Volume 1813, Page 665 of the O.R. W.C. } THENCE, S 24a33'00" E, a distance of 869.39=dee f said 87.442 acre, same being the east line of said Utility Easement, to a 1/2-inchd "SURVCON INC.); THENCE, S 68a26'34" E, a distance of 22.37BEGINNING (X- 3,111,354.78: Y= 10,245,535.55) and northeasterly comer of; THENCE, S 24a33'00" E, a distance of 15.11 feet toIV-" corner; THENCE, S 69-33-00" E, a distance of 28. t to a point for corner; THENCE, S 81 a05'53" E, a distance ❑ a point for comer; THENCE, S 65°1 P38" E, a dis a 2 . 8 to a point for corner; THENCE, S 20-11'38" E, a 0 62 feet to a point for corner; THENCE, S 70028' ' a t —c 10.00 feet to a point for corner; THENCE, S 2" , a of 20.00 feet to a point for corner; THENCE, N 7U' E,tauce of 9.95 feet to a point for corner; THENCE, ' distance of 14.36 feet to a point in the proposed north right-of-way line of Ronald Re n Bou and (220' wide) for corner and being in the arc of a non -tangent curve to the right; TII t along the are of said curve, and north right-of-way line to the right having a Radius Of 00 , a Central angle of 0036'35", a Chord beaming 5 82a28' 16" W, a distance of 30.75 feet to a a for corner, Page 1 of 2 Z: DelfPebb 60028343 Addi iomit Services - 2007'30' WTTP Access Esni does ,11+8'0.9417 Ac K&B.dac I UTILITY EASEMENT EXHIBIT A, PG 2 EXHIBIT THENCE, N 2001 ]'12" W. a distance of440.81 feet to a point for corner; THENCE, N 65°1 i'38" W, a distance of 6.96 feet to a point for corner; THENCE, N 81-05-53" W. a distance of 846.42 feet to a point for corner; THENCE, N 70017'25" W, a distance of 47.00 feet to a point for corner; THENCE, N 24*33'00" W, a distance of 29.10 feet to a point for corner; THENCE, N 68°26'34" E, a distance of 30.04 feet to the POINT OF DEG WNIN a computed area of 0.9417 acres (41,022 square feet) of land. Joe D. Webber, Jr. Date Registered Professional Land Surveyor Texas Registration No. 4552 SURVCON INC. 400 W.15" Street, Suite 430 Austin, Texas 78701 Z•IDtllVeb616002BJ4JAddirional Services - 2007UO' W7TP Accas Esnu4lo6LV+B129417Ac M&9.doc Page 2 of 2 UTILITY EASEMENT EXHIBIT A, PG 3 ILACT 1 9 �I 9> 1� 9 YJI Z.. 90 00. t4--1 j! ;3m jo IQ �J O I'�+� Bib, l nC O X y Ij, CA A F m mml�� RRII H 4 Q r ` C g7 0 � I TRACT 1 ACCESS EASEMENT EXHBIT B, PG 1 METES AND BOUNDS DESCRIPTION 0.9417 ACRE FREDERICK FOY SURVEY, A-229 WILLIAMSON COUNTY, TEXAS Being a 0.9417 acre (41,022 square feet) of land situated in the Frederick Foy Survey, A-229, msdfi County, Texas and being a portion of a called 87.442 acre tract of land conveyed to DE LIMITED PARTNERSHIP, under Document No. 9728557 of the Official Recor t iamson County, Texas (O.R.W.C.T.). Said 0.9417 acre tract being more particularly descri y tes and bounds as follows with all bearings being referenced to the Texas State Plane C'Texas Central Zone, NAD 83/93 HARK Datum. Coordinates shown hereon are gtj d stances were convened to surface by multiplying by the combined factor of 1.000143965. r r� COMMENCING at a 1/2-inch iron rod found (X= 3,111,014.317: y 1 M,334.57) marking the northeast corner of said 87.442 acre tract, said point also being in the e a Utility Easement conveyed to the City of Georgetown as recorded under Document 007 1 60 of the O.R.W.C.T.. Said point also being in the south line of the remainder of a call act conveyed to John F. Yearwood as recorded in Volume 1813, Page 665 of the O.R.W.& �\ _ THENCE, S 24°33'00" E, a distance of 869.39 feet, along t tte_p`aid 87.442 acre, same being the east line of said Utility Easement, to a 1/2-inch iron rod [v ca Nt mped "SURVCON INC.); THENCE, S 68026'34" E, a distance of 22.37Az-t `�i�OF BEGINNING (X= 3,111,354.78: Y= 10,245,535.55) and northeasterly comer o e herein cubed tract; THENCE, S 24033'00" E, a distance of 15. 11 fe"`apoj60or corner; t/ THENCE, S 69033'00" E, a distance of feet to a point for corner; THENCE, S 81-05'53" E, a distance l to a point for corner; THENCE, S 6501118" E, a di sia e f i 5 eet to a point for corner; THENCE, S 20°11'38" E, a e 5.62 feet to a point for corner; THENCE, S 70025' a f 10.00 feet to a point for corner; THENCE, S 2q6�1' a - t cc of 20.00 feet to a point for corner; THENCE, N 70'2ft,2-,E, a`dislance of 9.95 feet to a point for corner; THENCE, 0°12 ' E, a distance of 14.36 feet to a point in the proposed north right-of-way line of Ronald Rea Bou and (220' wide) for corner and beinar in the arc of a non -tangent curve to the right; feet alon,, the arc of said curve, and north right-of-wav line to the right having a Radius a Central angle of 0°36'35", a Chord bearing S 82°28' 16" W, a distance of 30.75 feet to a ler; Page l of 2 Z Del nrebb 6002434) . IddicionaI Services - 2d07'30' IV7TI' Ar-ceis E nirdoes V=3'0.9417 4c lMB clue I:TKGI1Ml�/:E aOV1►1M EXHIBIT B, PG 2 EXHIBIT y THENCE, N 20-11-12" W, a distance of 440.81 feet to a point for comer; THENCE, N 65a11-38" W, a distance of 6.96 feet to a point for corner; THENCE, N 81 a05'53" W, a distance of 846.42 feet to a point for comer, THENCE, N 70017'25" W, a distance of 47.00 feet to a point for corner; THENCE, N 24933'00" W, a distance of 29.10 feet to a point for corner; THENCE, N 68026'34" E, a distance of 30.04 feet to the POINT OF DEGMN7 n q a computed area of 0.9417 acres (41,022 square feet) of land. *. Aa ;)6v- JoeD.bber, Jr. Date egstereProfessional Land Surveyor Texas Registration No. 4552 SURVCON INC. 400 W.151h Street, Suite 430 Austin, Texas 78701 Page 2 of 2 Z IDelWebb160028343 Additional Services - 20011i0' H 7TP Access Fsmdda6W+MO.9417 Ac U&B.doe TRACT 1 E9 I I a ACCESS EASEMENT . SLI,0 A elf I z ly S o '�■ � I� mOAm 9 a. I 0> I f1p ? }^I �oXS la' 8 '-4 v N { O I _r O I� ■ ■ ■ ■ �Ip m �+ F,, IN i NI Z 18.4g;J In UJ rtA 14 W fA T raw A�:� N I nM M Ina[ IIpQ I°88 1`"�'u ,4 .r .� • H 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: 2021 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, a Texas limited liability company, 50% Furman Tierra, LLC, a Texas limited liability company, 50% GRANTEE'S Mailing Address (including County): Aaronson Tierra LLC, 1415 Travis Heights Blvd, Austin, Texas 78704; Furman Tierra, LLC, 801 W. 5t' Street, Apt. 206, Austin, 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 pertaining to that utility easements in that portion of a certain tract containing approximately 0.9417 acres, and land located in the Frederick Foy Survey, A-229, Williamson County, Texas, more particularly described by metes and bounds and a sketch in Document Numbers 2009060885 BEING all of those easement rights p e r t a i n i n g to that access easements in that portion of a certain tract containing approximately 0.9417 acres, and land located in the Frederick Foy Survey, A-229, Williamson County, Texas, more particularly described by metes and bounds and a sketch in Document Numbers 2009060888. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S Quitclaim Deed abandoning Waterline Easement Somerset Hills, ABD-2020-010 CoG Map Quad J-63 Page 1 of 2 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. EXECUTED this the GRANTOR: CITY OF GEORGETOWN day of BY: Josh Schroeder, Mayor STATE OF TEXAS ) COUNTY OF WILLIAMSON ) 2021. ATTEST: Robyn Densmore, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally Josh Schroeder, 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 , 2021. Notary Public, State of Texas Quitclaim Deed abandoning Waterline Easement Somerset Hills CoG Map Quad J-63 Page 2 of 2 APPROVED AS TO FORM: Skye Masson, City Attorney