HomeMy WebLinkAboutORD 2021-92 - Abandonment & Quitclaim DeedORDINANCE No. Z•1 -aY-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
PROVIDING FOR THE CLOSURE AND ABANDONMENT BY QUITCLAIM
DEED OF SPRING HOLLOW, A PUBLIC STREET IN THE RIVER HILLS
SECTION ONE SUBDIVISION; INCLUDING THE TERMS AND CONDITIONS
OF SUCH ABANDONMENT; INCLUDING A CONFLICT AND SEVERABILITY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an Application for the Abandonment of Spring
Hollow, a public right-of-way described, depicted and dedicated by subdivision plat in Rivers Hills Section
One, recorded in Cabinet D, Slide 304; the same being described and depicted in Exhibits `A"and "B
attached hereto and by this reference incorporated herein ("Spring Hollow"); and
WHEREAS, the applicant, Wolf Lakes, LP, a Texas limited partnership ("Wolf Lakes"), is the owner
and developer of the 164-acre Wolf Lakes project, a high -density, mixed -use development in the area
immediately surrounding Spring Hollow (the "Project"), and Wolf Lakes proposes to replace Spring Hollow
with Bella Lago Drive as part of the Project; and
WHEREAS, Wolf Lakes proposes to replace the existing 6-inch water line within the Spring Hollow
right-of-way, which has been capped and is currently not in use, with new water lines as part of the Project;
and
WHEREAS, Texas Transportation Code Section 311.007 authorizes a home -rule city to close a public
street within its city limits; and
WHEREAS, Texas Local Government Code Section 272.001(b) authorizes a home -rule city to sell
or exchange a street or alley to an abutting property owner who owns the underlying fee simple for less than
fair market value; and
WHEREAS, in accordance with Section 12.10 of the City of Georgetown Code of Ordinances, the
City Manager or his designee has determined that the street is not needed for public purposes and has prepared
an ordinance authorizing abandonment and a quitclaim deed for City Council consideration; and
WHEREAS, pursuant to the City Charter, the caption of this Ordinance was published on the City's
website more than seventy-two (72) hours prior to the meeting at which it was considered; and
WHEREAS, upon considering the Application and additional information pertaining to the
Application, the City Council now finds that the utilities existing in the area of the street, alley, and/or public
right-of-way to be abandoned will be sufficiently protected by being either relocated or replaced.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. Spring Hollow is not needed for public purposes and shall be immediately closed.
SECTION 3. Upon dedication of Bella Lago Drive by subdivision plat, and upon construction of Bella
Lago Drive and the associated water lines of the plat, or the posting of fiscal surety therefor, Spring Hollow shall
be abandoned to Wolf Lakes, L.P., or its successor, by quit claim deed in the form attached hereto as Exhibit
"C", at the sale price discussed in Executive Session on November 23, 2021, and the Mayor is authorized to
execute said quit claim deed and the City Secretary is authorized to attest thereto on behalf of the City of
Georgetown.
SECTION 4. That said streets, alleys, road widening easements and/or public rights -of -way are not
needed for public purposes and it is in the public interest of the City of Georgetown to abandon said streets,
alleys, road widening easements and/or public rights -of -way.
SECTION 5. That the abandonment provided for herein shall extend only to the public right, title
and easement in and to the tracts of land described in SECTION 3 of this ordinance, and shall be construed
only to that interest the governing body of the City of Georgetown may legally and lawfully abandon.
SECTION 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances
of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other
ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or
ordinances are hereby superseded.
SECTION 7. If any provision of this ordinance or application thereof to any person or circumstance,
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or application, and to this end the provisions
of this ordinance are hereby declared to be severable.
SECTION 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This ordinance shall become effective and be in full force and effect in accordance with the provisions of the
Charter of the City of Georgetown. nn
PASSED AND APPROVED on First Reading on thely day of 1JQ- _,, 2021.
PASSED AND APPROVED on Second Reading on the 1✓ day of DLUAI 12021.
ATTEST: THE CITYja GEORGETOWN:
t Ey:
Robyn Den are, City Secretary Joshuq,86hrooder, Mayor
APPROVED AS TO FORM:
Skye NAsson, City Attorney
EXHIBIT A
PAPE-DAWSON
r ENGINEERS
FIELD NOTES
FOR
A 0.459 ACRE TRACT, OR 19,987 SQUARE FOOT, TRACT OF LAND SITUATED IN THE JOSEPH P. PULSIFER SURVEY,
ABSTRACT NO. 498, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF SPRING HOLLOW, A 50 FOOT
RIGHT-OF-WAY IN RIVER HILLS, SECTION ONE, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN CABINET
D, PAGE 304 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 0.459 ACRE TRACT BEING MORE
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM ESTABLISHED
FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2O10.00;
COMMENCING at an iron rod with cap marked "RPLS 5784" found in the common corner of the north right-of-
way line of State Highway 29, a variable width right-of-way and the west right-of-way line Interstate Highway
35, a variable width right-of-way, being a southeast corner of the Remnant Portion of a called 202.149 acre
tract called Tract Five: Parcel One recorded in Document No. 2013096286, of the Official Public Records of
Williamson County, Texas;
THENCE departing the north right-of-way line of said State Highway 29, with the west right-of-way line of said
Interstate Highway 35, same being in part the east boundary line of the Remnant Portion of said 202.149 acre
tract, in part being the east boundary line of said River Hills, Section One, the following three (3) courses and
distances:
1. N 55°28'38" E, a distance of 113.78 feet to a Type I TXDOT monument found for an angle point hereof,
2. N 21°39'10" E, a distance of 478.70 feet to a calculated angle point hereof, and
3. N 13°26'52" E, a distance of 519.36 feet to a calculated point on the southeast terminus point of said
Spring Hollow, same being the easternmost northeast corner of Lot 3, Block A of said River Hills,
Section One hereof, for a point of curvature hereof;
THENCE, departing the west right-of-way line of said Interstate Highway 35, with the south right-of-way line of
said Spring Hollow, same being the north boundary line of said Lot 3, Block A, along the arc of a curve to the
left, having a radius of 20.00 feet, a central angle of 63°59'59", a chord bearing and distance of N 18°33'07" W,
21.20 feet, an arc length of 22.34 feet to a calculated point of curvature in the north boundary line of said of
Lot 3, Block A, same being the south right-of-way line of said Spring Hollow for the southeast corner and POINT
OF BEGINNING hereof;
THENCE, continuing with the south right-of-way line of said Spring Hollow, same being the north boundary line
of said Lot 3, Block A, the following three (3) courses and distances:
1. along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 26"05'41", a chord
bearing and distance of N 63°35'57" W, 9.03 feet, an arc length of 9.11 feet to a calculated point of
tangency hereof,
2. N 76°38'48" W, a distance of 76.29 feet to a calculated point of curvature hereof, and
Transportation I Water Resources I Land Development I Surveying I Environmental
telephone: 512-454-8711 address: 10801 NORTH MOPAC EXPRESSWAY, BUILDING 3 - SUITE 200 AUSTIN, TX 78759 website: PAPE-DAWSON.COM
Austin I San Antonio I Houston I Fort Worth I Dallas Texas Engineering Firm #470 Texas Surveying firm #10028801
0.459 Acres
Job No. 51119-03
Page 2 of 2
along the arc of a curve to the right, having a radius of 338.87 feet, a central angle of 44°07'37", a
chord bearing and distance of N 54°27'12" W, 254.58 feet, an arc length of 260.98 feet to a calculated
point, said point being the northwest corner of said Lot 3, Block A, same being the southwest terminus
point of Spring Hollow, also being an east corner of the Vacated Amended River Hills Section Three,
according to the instrument recorded in Document No. 2018111403 of said Official Public Records,
conveyed to Wolf Lakes, LP in Special Warranty Deed recorded in Document No. 2013096287 of said
Official Public Records, for the southwest corner hereof;
THENCE N 57°32'13" E, departing the north boundary line of said Lot 3, Block A, with the east boundary line of
said Vacated River Hills Section Three, same being the west terminus line of said Spring Hollow, a distance of
60.00 feet to a calculated point of non -tangent curvature, said point being the north terminus point of said
Spring Hollow, for the northernmost northwest corner hereof;
THENCE, with the north right-of-way line of said Spring Hollow, same being in part the south boundary line -of
said Vacate Amended River Hills Section Three, in part with the south boundary line of Lot 13, Block A of said
River Hills, Section One, the following three (3) courses and distances:
1. along the arc of a curve to the left, having a radius of 278.87 feet, a central angle of 44"08'34", a chord
bearing and distance of S 54°26'44" E, 209.58 feet, an arc length of 214.85 feet to a calculated point
of tangency hereof,
2. S 76°38'48" E, a distance of 76.31 feet to a calculated point of curvature hereof, and
3. along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 89°54'20", a chord
bearing and distance of N 58°24'02" E, 28.26 feet, an arc length of 31.38 feet to a calculated point of
tangency, said point being in the west right-of-way line of said Interstate Highway 35, same being the
east boundary line of said Lot 13, Block A, also being the northeast terminus point of said Spring
Hollow, for the northeast corner hereof;
THENCE S 13°26'32" W, departing the east boundary line of said Lot 13, Block A, with the west right-of-way
line of said Interstate Highway 35, same the east terminus line of said Spring Hollow, a distance of 49.86 feet
to a calculated angle point hereof;
THENCE S 32°41'32" W, departing the west right-of-way line of said Interstate Highway 35, through the interior
of said Spring Hollow, a distance of 34.06 feet to the POINT OF BEGINNING and containing 0.459 acres in
Williamson County, Texas. Said tract being described in accordance with an exhibit prepared under job no.
51119-03 by Pape -Dawson engineers, Inc.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: October 20, 2021
JOB No.: 51119-03
DOC.ID.: H:\Survey\CIVIL\51119-03\Exhibits\Word\FN-5111903_0.459AC_SPRING._HOLLOW
TBPE Firm Registration #470 x'o..... OF,1
TBPLS Firm Registration #100288 01 : q&�r Rfi %
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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: December 12021
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County,
Texas78627
GRANTEE: Wolf Lakes, L.P, a Texas limited partnership
GRANTEE'S MAILING ADDRESS: 4229 Mercer Rd., Georgetown, Williamson County,
Texas78628
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING a 0.459-acre tract of land, more or less, situated in the Joseph P. Pulsifer
Survey Abstract No. 498, in Williamson County, Texas, being a portion of Spring
Hollow, a 50-foot right-of-way in River Hills Section One, a subdivision according
to the plat recorded in Cabinet D, Page 304 of the Plat Records of Williamson
County, Texas; said 0.459-acre tract 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 0.459-acre portion of Spring Hollow to Wolf Lakes, LP
Page 1 of 2
EXECUTED this the day of J 20
GRANTOR ATTEST:
CITY OF GEORGETOWN
M.
Mayor , City Secretary
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON )
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 a 0.459-acre portion of Spring Hollow to Wolf Lakes, LP
Page 2 of 2