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HomeMy WebLinkAboutRES 112321-H - Electric Esmt. CPG PartnersRESOLUTION NO., RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS RELEASING AND ABANDONING A 0.059- ACRE PORTION OF A UTILITY EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO.2006100943 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 2006, as part of the development of the Round Rock Premium Outlets, CPG Round Rock, L.P. granted the City of Georgetown a 1.703-acre utility easement across a tract of land in the Ephraim Evans Survey, Abstract No. 212, being a portion of Lot 1 A, Block "A", of the Replat of Lot 1, Block "A" of CPG Partners Commercial Tract Section 1 Subdivision (the "Property"), for the purpose of facilitating the extension of electric utilities to serve the development; said easement being conveyed by an agreement recorded in Document No. 2006100943 of the Official Public Records of Williamson County, Texas (the "Easement"); and, WHEREAS, SPG Round Rock NS, L.P, the current owner of the Property ("Owner"), wishes to develop the Property, but a portion of the Easement, described by metes and bounds in Exhibit A attached hereto and depicted by sketch in Exhibit B attached hereto (the "Portion to be Released"), is impeding the development of the Property; and, WHEREAS, the abandonment of the Portion to be Released and relocation of the existing facilities would facilitate the development of the Property; and, WHEREAS, as part of its pending development of the Property, Owner will grant the City a replacement easement to meet the City's requirements, which will allow for a relocation of City's existing facilities; and, WHEREAS, upon considering the request for release and abandonment of the Portion to be Released, and additional information pertaining to the request, the City Council now finds that upon the conveyance of the replacement easement and the relocation of the existing facilities, a public need for the Portion to be Released will no longer exist, and therefore the Portion to be Released may be abandoned and released to Owner or a successor -in -interest to Owner upon satisfaction of these conditions; and WHEREAS, nothing herein shall operate to release any other easement. 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. Upon the conveyance of a replacement easement and the relocation of the existing facilities to the satisfaction of the City, 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 Portion to be Released 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 on this 23'0� day of , 2021. CIT APPROVED AS TO FORM: Skye asso , City Attorney ATTEST: Robyn Den more, City Secretary EXHIBIT " " PARTIAL RELEASE OF UTILITY EASEMENT DOCUMENT NO. 2006100943 0.059 ACRE FN. NO. 21-066(ABB) ROUND ROCK PREMIUM OUTLETS MAY 18, 2021 JOB NO. 222012150 DESCRIPTION A 0.059 ACRE OF LAND OUT OF THE EPHRAIM EVANS SURVEY ABSTRACT NO. 212, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF LOT 1A, BLOCK "A", REPLAT OF LOT 1, BLOCK "A" OF CPG PARTNERS COMMERCIAL TRACT SECTION 1, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2007005697 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT lA CONVEYED TO ROUND ROCK PREMIUM OUTLET, LP AND SPG ROUND ROCK NS, LP BY DEED OF RECORD IN DOCUMENT NO. 2005040171 AND 2005043880 OF SAID OFFICIAL PUBLIC RECORDS; ALSO BEING A PORTION OF THAT CERTAIN UTILITY EASEMENT GRANTED TO CITY OF ROUND ROCK BY INSTRUMENT OF RECORD IN DOCUMENT NO. 2006100943 OF SAID OFFICIAL PUBLIC RECORDS; SAID 0.059 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: =241ENCING, at a 1/2 inch iron rod with "BURY" cap found at a point of curvature in the westerly right-of-way line of N. Mays Street (100' R.O.W.), being the easterly line of said Lot 1A; THENCE, N43°39117"W, leaving the westerly line of said N. Mays Street, over and across said Lot 1A, a distance of 40.79 feet to an angle point in the irregular easterly line of said Utility Easement of record, for the POINT OF BEGINNING and southeasterly corner hereof; THENCE, along the irregular easterly line of said Utility Easement of record, continuing over and across said Lot 1A, for the southerly line hereof, the following two (2) courses and distances: 1) S82052'03"W, a distance of 202.87 feet to an angle point; 2) S87°27'16"W, a distance of 49.78 feet to the southwesterly corner hereof; FN NO. 21-066(ABB) MAY 18, 2021 PAGE 2 OF 2 THENCE, N13030138"W, leaving the irregular easterly line of said Utility Easement of record, over and across said Utility Easement of record, continuing over and across said Lot 1A, for the westerly line hereof, a distance of 10.19 feet to a point in the irregular easterly line of said Utility Easement of record, for the northwesterly corner hereof from which a 112 inch iron rod with "BURY" cap found at the intersection of the westerly line of N. Mays Street and the southerly right-of-way line of Bass Pro Drive (100' R.O.W.), being the northeasterly corner of said Lot lA bears N13022110"E, a distance of 1198.34 feet; THENCE, along the irregular easterly line of said Utility Easement of record, continuing over and across said Lot 1A, for the northerly and easterly lines hereof, the following three (3) courses and distances: 1) N87027116"E, a distance of 51.31 feet to an angle point; 2) N82052'03"E, a distance of 206.54 feet to the northeasterly corner hereof 3) S15001113"W, a distance of 10.80 feet to the POINT OF BEGINNING, containing an area of 0.059 acre (2,553 square feet) of land, more or less, within these metes and bounds. THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(2011), BY UTILIZING REAL-TIME KINEMATIC (RTK) CORRECTIONS PROVIDED BY RTK COOPERATIVE NETWORK, MANAGED BY ALLTERRA CENTRAL. I, MARK A. MERCADO LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THE FOREGOING METES AND BOUNDS LEGAL DESCRIPTION AND ATTACHED SKETCH WERE BASED UPON AN ON -THE -GROUND SURVEY, THAT VISIBLE AND APPARENT PROTRUSIONS AND VISIBLE ABOVE- GROUND ENCROACHMENTS INTO THE EASEMENT AREA ARE ACCOUNTED FOR INCLUDING BUT NOT LIMITED TO, BUILDING FOOTPRINT, EAVES AND ROOF OVERHANGS AND OTHER VISIBLE IMPROVEMENTS. STANTEC CONSULTING SERVICES INC. 1905 ALDRICH STREET SUITE 300 AUSTIN, TEXAS 78723 �1 MA.K A. MERCADO a;e R.P.L.S. NO. 6350 STATE OF TEXAS TBPELS # 10194230 mark.mercado@stantec.com ...s.................:... MARKANTONIO MERCADO 6350 C���Q,S1iRy�:,O EXHIBIT A EXHIBIT B N % , BASS PRO DRIVE G (100' R.O.W.) I I 0 200 400 600 800 �� LOT I 1 =400' W U-) Q cf) W cc 3 W = o 0 \.J pj is Ry REPLAT OF LOT 1, BLOCK 'A' OF CPG PARTNERS COMMERCIAL TRACT SECTION I DOC. NO. 2007005697 FN NO.21-066(ABB) BLOCK A REPLAT OF LOT 1, c� I l` 9LOCK 'A' OF CPG PARTNERS �I COMMERCIAL ll TRACT SECTION I DOC, NO. 2007DO5697 ROUND ROCK PREMIUM 2 I OUTLET, LP I DOC. ND. 2005040171 I Ir SPG ROUND ROCK NS LP DOC NO. 2005OKWO I Lt aF - rIq �( P.O.B. P.O.C. 7� �A59 ACRES (2,553 553 SQ. FT.) �11 PARTIAL RELEASE ARTIAL RELEASE UTILITY EASEMENT TILITY EASEMENT //// DOC. NO. DOC. NO. // 2006100943 2006100943 (PORTION TO BE (PORTION TO ` RELEASED) REMAIN) JUL— � LOT LOT i 2A UNIVERSITY COMA DOC. NO, 2013093282 LOT LOT 3 3A U (3 Stantec 1905 Aldrich Street, Suite 300 Austin, TX 78723 TBPELS # F-6324 & 10194230 www.stantec.com LOT 4 Ki� OF T£ 0 S Rw r Jr^. Is'l 4 w w z 0 Q co N0in SON •39 o ^ a Z: o b G U o� MAY 2021 22201215n. clen1/Roject ROUND ROCK PREMIUM OUTLETS MF npure M. SHEET 1 OF 3 live PARTIAL RELEASE OF UTILITY EASEMENT ,r OV 0 50 100 150 200 1 "=100' �! LOT iA PARTIAL RELEASE _/ LOT �, UTILITY EASEMENT REPEAT OF L BLOCK •DOC. NO. 2006100943 BLOCK •A• OF CPG PARTNERS (PORTION TO REMAIN) / COMMERCIAL / TRACT 5ECT10N ] DOC. No. 2oolooSS97 / ROVND ROCK PREA" OWLET, LP l DOG. NO. 2005040171 / 500 R"D ROCK V.% LP / DOC. NO. 2105043WO / / L7 / L5 L6 Ll II L4 L3 L2 I I P.0A P.O.C. II J' a.59 ACRES fi f (2,553 SQ. FT.) �4 PARTIAL RELEASE UTILITY EASEMENT DOC. NO, 2006100943 (PORTION TO BE RELEASED) �S ky 5Y /! FN NO.21-066[ABB) (3 Stantec 1905 Aldrich Street, Suite 300 Austin, TX 78723 TBPELS # F-6324 & 101 P4230 www.stantec.com OFjr s 63 60 O 4Q cc in 0 ovzg M=2w Wz U O A to MAY 2021 222D12150 Cfenl/Projeal ROUND ROCK PREMIUM OUTLETS MF Rgure No. SHEET 2 OF 3 ®PARTIAL RELEASE OF UTILITY EASEMENT 3 v cl 0 x a� NON_ N N .5 �-6 i:3 �m n.. m O CV_ C �ol A CO %N >'9 VICINITY MAP N.T.S. FN NO.21-066(ABB) (3 Stantec 1905 Aldrich Street, Suite 300 Austin, TX 78723 TBPELS # F-6324 & 10194230 www.stantec.com LEGEND "CAP 1/2" IRON ROD WITH "BURY" CAP FOUND P.O.C. POINT OF COMMENCMENT P.O.B. POINT OF BEGINNING BEMNQ BAS18 NOTE: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(2011), BY UTILIZING REAL—TIME KINEMATIC (RTK) CORRECTIONS PROVIDED BY RTK COOPERATIVE NETWORK, MANAGED BY ALLTERRA CENTRAL. SURFACE DISTANCES SHOWN HEREON MAY BE CONVERTED TO GRID BY USING A COMBINED SCALE FACTOR OF 0,999070053. LINE TABLE NO. BEARING DISTANCE L1 N43'39'17"W 40.79' L2 S8252'03"W 202.87' L3 S8727'16"W 49.78' L4 N13'30'38"W 10.19, L5 N8727'16"E 51.31' L6 N82'52'03"E 206.54' L7 S15'01'13"W 10.80, MAY 2021 222012150 client/Project ROUND ROCK PREMIUM OUTLETS MF N9Ure NO. SHEEP' 3 OF 3 PARTIAL RELEASE OF UTILITY EASEMENT EXHIBIT C 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: November 12021 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas78627 GRANTEE: SPG Round Rock NS, L.P., a Delaware limited partnership GRANTEE'S MAILING ADDRESS: P.O. Box 6120, Indianapolis, IN 46206-6120 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a 0.059-acre tract of land, more or less, out of the Ephraim Evans Survey Abstract No. 212, situated in the City of Round Rock, Williamson County, Texas, being a portion of Lot 1A, Block "A", Replat of Lot 1, Block "A" of CPG Partners Commercial Tract Section 1, a subdivision of record in Document No. 2007005697 of the Official Public Records of Williamson County, Texas; said land being more particularly described by metes and bounds in Exhibit A and depicted by sketch in Exhibit B, each 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 a 0.59-acre portion of UE 2006100943 to SPG Round Rock NS CoG Map Quad Page 1 of 2 EXECUTED this the 25 day of 20ZL. GRANTOR CITY OF GEORGETOWN BY: 4 X Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: IWk.A.,A �11 1 ACKNOWLEDGMENT 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 c �r�ay of /lbyern her 20 A l . .ti"""'►�, DANELLA ELLIOTT ti?P;I a�B�S r4'^Notary Public, State of Texas :; �{P. Comm. Expires 07-16 2023 ❑i Notary ID 128629876 l��15ti APPROVED AS TO FORM: It 5n City Attorney Notary Public, State of Texas Quitclaim Deed abandoning a 0.59-acre portion of UE 2006100943 to SPG Round Rock NS CoG Map Quad Page 2 of 2 V C4 KELLf�I-TItUST PH v � g R31,660 0 R473755 0 o 4* z IL--- 00ag30 1-'34LTISM44AIIIDI4R �6Ts 1�. R604880� 'KEI1I1EY\TRUS,T Pfi!1. j :6A r ASCEND 11 I-%TINGHOUSET j...� �,� iiEli 'T SUB SEC 1 HE1VLETT LOOI',DEDICATION R401654 R 03 943 6 M� g. HE1N1LEl'1" SU B SEC2 R416436'- R401694 R347607 R401698 SPA R RO 11` G E O RG ET IIIID1111-BUSINESS PARK i 11_ \ R579376 CPG PARTNERS C'ONT TR REPI:'.1T IT 1(I:I' E& 2BANIM ;CPG PARTNERS U )III TR {SEC 4 I'T ? ItEPL:I'I')A w� R055398 CPG P.AR'rNERS COMMERC [AE.7'Itlt-`F .I131X 13 LT I.REPI.:1'C � � N R544775 R613397 1' N TEIt`IL 1ST.1 SF.C.2 I1 *FFRAN]S-I:A SEC' 32 PE 1L2 TCRA1 STA S C'3� � zso a 2 f FI 1R475162 CPG PARTNERS C'ONI(I'R SEC I (BLKA LT IA REPL.. )� a: R616017CPG 1'.0 rNF S CONIIII TR SEC 2 III R468 653 R323899 11'I IITE SUB SEC I (BLK A LT I•. RITLAT) r �I UNIVERSITY COMMONS Round Rock MF - UE Abandonment This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that Web Print: 11/16/2021 appear on this map may or may not be accurate, current, or otherwise reliable. 0 752 Feet ©2021 Sidwell. All rights reserved.