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HomeMy WebLinkAboutRES 020822-R - Abandon Wastewater Esmt.RESOLUTION NO. 0 2-M Z 2- - Z RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PORTION OF A WASTEWATER EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO. 2013104041 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 2013, Zamin, L.P., a Texas limited partnership ("Owner"), granted the City of Georgetown a wastewater easement across a tract of land in the Isaac Donagan Survey, Abstract No. 178 (the "Property"), for the purpose of facilitating the extension of awastewater line from the South San Gabriel Interceptor to the Owner's proposed Crescent Bluff development; said easement being conveyed by an agreement recorded in Document No. 2013104041 of the Official Public Records of Williamson County, Texas (the "Easement"); and, WHEREAS, Owner wishes to develop the Property, but a portion of the Easement is impeding the development of the Property; and, WHEREAS, the abandonment of a portion of the Easement, being the portion that encumbers Lots 25 and 26, Block S, of the proposed Crescent Bluff Section 5 subdivision, as shown on Exhibit "A" attached hereto and incorporated herein (the "Portion to be Abandoned"), would facilitate the development of the Property; and, WHEREAS, prior to approval of its pending plat of Section 5, Owner will grant the City a replacement wastewater easement to meet the City's requirements (the "Future WWE"), which will cover the City's wastewater facilities in the actual location where they were constructed, generally in the location as shown on Exhibit "A"; and, WHEREAS, upon considering the request for release and abandonment of the Portion to be Abandoned, and additional information pertaining to the request, the City Council now finds that upon payment of any outstanding application fees and the conveyance of the Future WWE, a public need for the Portion to be Abandoned will no longer exist, and therefore the Portion to be Abandoned 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 the remainder portion of the Easement or 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 wastewater easement in a form acceptable to the City Attorney and in a location generally as shown on Exhibit "A", 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 to be Abandoned, 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 day of 1 , 2022. CIT' I0 APPROVED AS TO FORM: Skye M son, C y Attorney ATTEST: 4LXA-U�� Robyn Densmore, City ecretary EXHIBIT A s is_+ 17 ,s :a� ` KEY MAP N.T.S. EXISTING 25 WASTEWATER ESMT. „ ,`• -� DOC# 2013104041 20 33 30 :K / \ BLOCK S\ PORTION OF THE EXISTING WW EASEMENT #2013104041 TO BE VACATED 0 ze u ' / 31 0 \ } U i J, Z N \ f WW EASEMENT TO BE—` n CONVEYED 1 12'IR'� w_ — w w W EXISTING 25' WASTEWATER ESMT. r ~ ~ DOC# 2017098157 d \00 a m e d U WASTEWATER EASEMENT EXHIBIT LAND ■ o CRESCENT BLUFF C❑ N S U L T I N G L L. C 5505 HIGHWAY 290 WEST. SUITE 1 50 SECTION 5 A U S T I N, TX 7 B 7 3 5 O FFI C-RH NG,2i saeq fi69fi GEORGETOWN, WILLIAMSON, TEXAS EXHIBIT B 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: February , 2022 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Zamin, L.P., a Texas limited partnership GRANTEE'S MAILING ADDRESS: G.P. Singh, 6002 Camp Bullis Road, San Antonio, Bexar County, Texas 78257 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING, acre out of the Isaac Donagan Survey, Abstract No. 178, situated in the city of Georgetown, Williamson County, Texas, being a portion of that wastewater easement of record in Document No. 2013104041 of the Official Public Records of Williamson County, Texas; said - acre tract being the portion of the wastewater easement that encumbers Lots 25 and 26, Block S, of Section 5 of the Crescent Bluff Subdivision, a subdivision recorded in Document No. of the Official Public Records of Williamson County, Texas (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 portion of WWE to Zamin, L.P. Page 1 of 2 EXECUTED this the day of �� �( 20�. GRANTOR CITY OF G) ATTEST: BY: Joshua Sc4eder, Ma Robyn Dens are, City Secretary STATE OF ACKNOWLEDGMENT COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this date personally appeared Joshua 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 20 KAREN FROST Notary ID # 1053608-4 �P My Commission Expires NotaryPublic, State of Texas o• May 24, 2024 APPROVED AS TO FORM: Skye N4sson, City Attorney Quitclaim Deed abandoning portion of WWE to Zamin, L.P. Page 2 of 2