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Home My WebLink AboutRES 082421-H - Abandon Utility Esmt.RESOLUTION NO. 0S2y ZI - H' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN RELEASING AND ABANDONING A 0.168-ACRE PORTION OF A UTILITY EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO. 2017084885 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, Horizontal Westinghouse Investors, LLC, an Arizona limited liability company ("Owner") granted the City of Georgetown a utility easement across a 1.371-acre tract of land in the Barney C. Low Survey, as described in Document No. 2017084885 of the Official Public Records of Williamson County, Texas, for the purpose of facilitating the extension of water utilities over and across the encumbered property (the "Easement"); and, WHEREAS, the Easement is impeding the extension of public utilities necessary for the development of the encumbered and neighboring properties; and, WHEREAS, the abandonment of a 0.168-acre portion of the Easement, as described in Exhibit "A" attached hereto (the "Area to be Abandoned") would facilitate the extension of public utilities to the encumbered and neighboring properties; and, WHEREAS, Owner owns the property encumbered by the Easement and wishes to facilitate the extension of public utilities; and, WHEREAS, as part of its pending plat of the encumbered property, Owner will grant the City a replacement public utility easement to meet the City's requirements, which will be 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 upon the dedication of the public utility easement by plat, a public need for the portion of the Easement in the Area to be Abandoned will no longer exists and may, therefore, be abandoned and released to Owner 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 expressly made a part hereof, as if copied verbatim. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "B" and any other conveyance document(s) necessary to complete the release and abandonment of the portion of the easement described herein, and the City Secretary is hereby authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This resolution shall be effective immediately upon adoption and execution by the Mayor. PASSED AND APPROVED m tliis 2 j —play of"%P�2021. CI1 By: Jos APPROVED AS TO FORM: Sky asso , City Attorney ATTEST: Robyn Densmore, City Secretary IDA4OI1.111W.1 - ;)uick Inc. Land Surveying. Land Planning. Consulting. Firm: 10 194104 512-915-4950 1430 N. Robertson Road, Salado, Texas 76571 FIELD NOTES FOR A 0.168 ACRE EASEMENT: BEING A 0.168 ACRE EASEMENT, LOCATED IN THE BARNEY C. LOW SURVEY, ABSTRACT NO. 385, WILLIAMSON COUNTY, TEXAS; SAID 0.168 ACRE EASEMENT, BEING WITHIN THE REMAINING PORTION OF THAT CALLED 94.387 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2015005809, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.168 ACRE EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set within the remainder of said 94.387 acre tract, being an exterior corner of the herein described easement which bears N 73' 31' 22" E, a distance of 120.29' from an interior corner of the remainder of said 94.387 acre tract; Thence, across the remainder of said 94.387 acre tract, the following eight (8) courses and distances: 1. N 680 47' 37" E, a distance of 21.55', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for an angle point of the herein described easement; 2. S 67' 05' 36" E, a distance of 63.61', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for an angle point of the herein described easement; 3. S 22' 56' 00" E, a distance of 354.77', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for the beginning of a curve to the right of the herein described easement; 4. with said curve to the right containing a radius of 798.00', a central angle of 0404752", a chord which bears S 200 32' 03" E, a chord distance of 66.80', a total curve length of 66.82', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for an exterior corner of the herein described easement; 5. S 690 05' 34" W, a distance of 15.02', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for an exterior corner of the herein described easement and being the beginning of a curve to the left of the herein described easement, said point bears N 690 OS' 34" E, a distance of 183.18' from a cotton spindle located for an interior corner of the remainder of said 94.387 acre tract; 6. with said curve to the left containing a radius of 783.00', a central angle of 04°51'04", a chord which bears N 20' 30' 28" W, a chord distance of 66.27', a total curve length of 66.29', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for a point of tangency of the herein described easement; 7. N 220 56' 00" W, a distance of 348.69', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for an angle point of the herein described easement; 8. N 670 05' 36" W, a distance of 73.00', to the POINT OF BEGINNING containing 0.168 acres of land. Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot, Grid. A survey plat was prepared by a separate document. /I,/,XII-) Travis L. Qui ksall RPLS #6447 Date: 08/09/2021 Job # 20-2226. P U E-3 L U U O L a o Z D O=CO Q t x r w x �w ~-wOUOLO ary=_ z2UW h O w :p°�Oz 3LL 00. 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' b Q uuLL Oi w 00 00 10 �• O d Q U U o w Q � w Q d Q Z Z z 3� O Q� z Z o z_ oz C� 0 o • < n w Z r V < -Z O w p o � V�� w U 0 N v~wi O a _0c p Q O W m Q O C CEO Tar wa I, lw o O m o �a >o D ` o LL Z N �� Q Z G 3 3 3 F Z m z z z Z EXHIBIT B 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: August 24, 2021 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Horizontal Westinghouse Investors, LLC, an Arizona limited liability company GRANTEE'S MAILING ADDRESS: 20 E. Congress Street, Suite 300, Tucson, AZ 85701- 1739 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: A 0.168-acre (7,318-square-foot), more or less, portion of a Georgetown Utility Easement located in the Barney C. Low Survey, Abstract No. 385, in in Williamson County, Texas; said 0.168-acre portion being within the remainder of that called 94.387-acre tract of land recorded in Document No. 2015005809, Official Public Records of Williamson County, Texas and being more particularly described by metes and bounds and depicted by surveyor's sketch in Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"). 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 Deed abandoning UE to Horizontal Westinghouse Investors, LLC CoG Map Quad M-49 Page 1 of 2 EXECUTED this the day of , 20_. GRANTOR CITY OF GEORGETOWN L'" , Mayor ATTEST: STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) City Secretary BEFORE ME, the undersigned authority, on this date personally , 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 20 Notary Public, State of Texas APPROVED AS TO FORM: City Attorney Quitclaim Deed abandoning UE to Horizontal Westinghouse Investors, LLC CoG Map Quad M-49 Page 2 of 2 [Exhibit "A" to Quitclaim Deed] Exhibit "A" to the Quit Claim Deed is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Quit Claim Deed prior to execution and recording. [Exhibit "A" to Quitclaim Deed] Exhibit "A" to the Quit Claim Deed is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Quit Claim Deed prior to execution and recording. 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: August 24, 2021 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Horizontal Westinghouse Investors, LLC, an Arizona limited liability company GRANTEE'S MAILING ADDRESS: 20 E. Congress Street, Suite 300, Tucson, AZ 85701- 1739 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: A 0.168-acre (7,318-square-foot), more or less, portion of a Georgetown Utility Easement located in the Barney C. Low Survey, Abstract No. 385, in in Williamson County, Texas; said 0.168-acre portion being within the remainder of that called 94.387-acre tract of land recorded in Document No. 2015005809, Official Public Records of Williamson County, Texas and being more particularly described by metes and bounds and depicted by surveyor's sketch in Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"). 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 Deed abandoning UE to Horizontal Westinghouse Investors, LLC CoG Map Quad M-49 Page 1 of 2 EXECUTED this the 2k ay of 20ZJ-. GRANTOR ATTEST: CITY OF GEORGETOWN Mayor ?WLWn 0&y%A&%AT4_ City Secretary w2ifflam F �' L1 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally t? Mayor of the City of Georgetown, a Texas home -rule municipal core a Pion, 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 9—day of 20 KAREN FROST Notary ID # 10536084 T'�"nF1ti�r My Commission Expires May 24, 2024 APPROVED AS TO FORM: �� • ..��City Attorney Notary Public, State of Texas Quitclaim Deed abandoning UE to Horizontal Westinghouse Investors, LLC CoG Map Quad M-49 Page 2 of 2 EXHIBIT A sr � Inc.uick Land Surveying. land Planning. Consulting. Firm: 10 194104 512-915-4950 1430 N. Robertson Road, Salado, Texas 76571 FIELD NOTES FOR A 0.168 ACRE EASEMENT: BEING A 0.168 ACRE EASEMENT, LOCATED IN THE BARNEY C. LOW SURVEY, ABSTRACT NO. 385, WILLIAMSON COUNTY, TEXAS; SAID 0.168 ACRE EASEMENT, BEING WITHIN THE REMAINING PORTION OF THAT CALLED 94.387 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2015005809, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.168 ACRE EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set within the remainder of said 94.387 acre tract, being an exterior corner of the herein described easement which bears N 73' 31' 22" E, a distance of 120.29' from an interior corner of the remainder of said 94.387 acre tract; Thence, across the remainder of said 94.387 acre tract, the following eight (8) courses and distances: 1. N 680 47' 37" E, a distance of 21.55', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for an angle point of the herein described easement; 2. S 670 05' 36" E, a distance of 63.61', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for an angle point of the herein described easement; 3. S 22' 56' 00" E, a distance of 354.77', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for the beginning of a curve to the right of the herein described easement; 4. with said curve to the right containing a radius of 798.00', a central angle of 0404752", a chord which bears S 200 32' 03" E, a chord distance of 66.80', a total curve length of 66.82', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for an exterior corner of the herein described easement; 5. S 69' 05' 34" W, a distance of 15.02', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for an exterior corner of the herein described easement and being the beginning of a curve to the left of the herein described easement, said point bears N 690 OS' 34" E, a distance of 183.18' from a cotton spindle located for an interior corner of the remainder of said 94.387 acre tract; 6. with said curve to the left containing a radius of 783.00', a central angle of 04051'04", a chord which bears N 20' 30' 28" W, a chord distance of 66.27', a total curve length of 66.29', to a 1 /2'' iron rod with a red "EASEMENT MONUMENT" plastic cap set for a point of tangency of the herein described easement; 7. N 220 56' 00" W, a distance of 348.69', to a 1 /2" iron rod with a red "EASEMENT MONUMENT" plastic cap set for an angle point of the herein described easement; 8. N 670 05' 36" W, a distance of 73.00', to the POINT OF BEGINNING containing 0.168 acres of land. Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot, Grid. A survey plat was prepared by a separate document. 9E �'9� ;AVIS L. QUICKSAL ................. � 447 �. Travis L. 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