HomeMy WebLinkAboutRES 051022-M - Freehill Abandon Utility Esmt.RESOLUTION NO. Qf)1 D ZZ - tA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AUTHORIZING THE RELEASE AND
ABANDONMENT OF A PUBLIC UTILITY EASEMENT GRANTED
IN DOCUMENT NO. 2018032428 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS.
WHEREAS, in 2018, GT-WR Development I, LLC, a Texas limited liability company
("GT-WR"), dedicated a public utility easement across a 15.933-acre tract of land in the
Barney C. Low Survey, Abstract No. 385, being more particularly described in a Special
Warranty Deed recorded in Document No. 2017119571 of the Official Public Records of
Williamson County, Texas (the "Property"); said easement being conveyed by an agreement
recorded in Document No. 2018032428 of the Official Public Records of Williamson County,
Texas (the "Easement"); and,
WHEREAS, in March 2022, GT-WR granted a 14.563-acre portion of the Property to
Freehill Miramar Georgetown, LP, a Delaware limited partnership ("Freehill") via a Special
Warranty Deed recorded in Document No. 2022028040 of the Official Public Records of
Williamson County, Texas ("OPRWCT"); and,
WHEREAS, GT-WR and Freehill are jointly developing the Property, and a plat
recorded in Document No. 2022046139 of the OPRWCT dedicated to the City 0.151 acre of
right-of-way for Westinghouse Road (the "Dedicated ROW"), as well as a 15-foot public
utility easement along the new right-of-way boundary, in accordance with Section 13.03 of
the Unified Development Code (the "Dedicated PUE"); and,
WHEREAS, the Easement now runs wholly within the Dedicated ROW, and GT-WR is
seeking its abandonment in order to clear up the title to the Dedicated ROW, so that the
development of the Property may be approved; and,
WHEREAS, any existing utilities within the Easement will be relocated to the
Dedicated PUE with the development of the Property; 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 a public need for the Easement no longer exists, and therefore the Easement may be
abandoned and released to GT-WR and Freehill in accordance with each party's ownership
of the Property; and
WHEREAS, nothing herein shall operate to release the rights granted to the City of
Georgetown by the dedication of the Dedicated ROW in the plat or in 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. The Mayor is hereby authorized to execute quitclaim deeds to GT-WR
and Freehill in substantially the same form attached hereto as Exhibits "'A" " ",
respectively, and any other conveyance document(s) necessary to complete the release and
abandonment of the Easement, 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 � I Y day of , 2022.
CIT
APPROVED AS TO FORM:
Skye M sson, tity Attorney
kTTEST:
7obyn Den pore. City Secretary
EXHIBIT A
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: May , 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: GT-WR Development I, LLC, a Texas limited liability company
GRANTEE'S MAILING ADDRESS: 2600 North Dallas Parkway, Suite 290, Frisco, Collin
County, Texas 75034
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING,1,999 square feet, more or less, out of the Barney C. Low Survey, Abstract
No. 385, situated in the city of Georgetown, Williamson County, Texas, being a
portion of that public utility easement of record in Document No. 2018032428 of
the Official Public Records of Williamson County, Texas; said 1,999-square-foot
tract tract being the portion of the public utility easement adjacent and parallel
to Lot 1, Block A, of the DG Westinghouse Addition, a subdivision recorded in
Document No. 2022046139 of the Official Public Records of Williamson County,
Texas (the "Property").
For the consideration, and subject to the Reservations from and Exceptions to the
Conveyance set forth herein, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right,
title, and interest in and to the above described Property granted in Document No. 2018032428
of the Official Public Records of Williamson County, Texas, 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. Notwithstanding the foregoing, GRANTOR quitclaims only the
right, title, and interest granted to GRANTOR by Document No. 2018032428 and no others.
Quitclaim Deed abandoning portion of PUE 2018032428 to GT-WR Development I, LLC
Page 1 of 2
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
GRANTOR hereby reserves from this quitclaim any right, title, and interest to the
Property granted to GRANTOR in the recorded plat for the DG Westinghouse Addition, a
subdivision of record in Document No. 202204139 of the Official Public Records of Williamson
County, Texas, and any right, title, and interest granted to GRANTOR in any other instrument
of record, other than the public utility easement recorded in Document No. 2018032428 of the
Official Public Records of Williamson County, Texas, that is being quitclaimed with this deed.
EXECUTED this the day of . 2022.
GRANTOR ATTEST:
CITY OF GEORGETOWN
Joshua Schroeder, Mayor Robyn Densmore, City Secretary
STATE OF TEXAS )
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
Notary Public, State of Texas
APPROVED AS TO FORM:
Skye Masson, City Attorney
Quitclaim Deed abandoning portion of PUE 2018032428 to GT-WR Development I, LLC
Page 2 of 2
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: May , 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: Freehill Miramar Georgetown, LP, a Texas limited partnership
GRANTEE'S MAILING ADDRESS: 3208 Greenlee Drive, Austin, Travis County, Texas 78703
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING, 3,673 square feet, more or less, out of the Barney C. Low Survey, Abstract
No. 385, situated in the city of Georgetown, Williamson County, Texas, being a
portion of that public utility easement of record in Document No. 2018032428 of
the Official Public Records of Williamson County, Texas; said 3,673-square-foot
tract tract being the portion of the public utility easement adjacent and parallel
to Lot 2, Block A, of the DG Westinghouse Addition, a subdivision recorded in
Document No. 2022046139 of the Official Public Records of Williamson County,
Texas (the "Property").
For the consideration, and subject to the Reservations from and Exceptions to the
Conveyance set forth herein, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right,
title, and interest in and to the above described Property granted in Document No. 2018032428
of the Official Public Records of Williamson County, Texas, 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. Notwithstanding the foregoing, GRANTOR quitclaims only the
right, title, and interest granted to GRANTOR by Document No. 2018032428 and no others.
Quitclaim Deed abandoning portion of PUE 2018032428 to Freehill Miramar Georgetown, LP
Page 1 of 2
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
GRANTOR hereby reserves from this quitclaim any right, title, and interest to the
Property granted to GRANTOR in the recorded plat for the DG Westinghouse Addition, a
subdivision of record in Document No. 202204139 of the Official Public Records of Williamson
County, Texas, and any right, title, and interest granted to GRANTOR in any other instrument
of record, other than the public utility easement recorded in Document No. 2018032428 of the
Official Public Records of Williamson County, Texas, that is being quitclaimed with this deed.
EXECUTED this the
GRANTOR
CITY OF GEORGETOWN
day of , 2022.
ATTEST:
Joshua Schroeder, Mayor Robyn Densmore, City Secretary
STATE OF TEXAS )
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
Notary Public, State of Texas
APPROVED AS TO FORM:
Skye Masson, City Attorney
Quitclaim Deed abandoning portion of PUE 2018032428 to Freehill Miramar Georgetown, LP
Page 2 of 2