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HomeMy WebLinkAboutRES 052522-O - Abandon ROW Deer HavenRESOLUTION NO. Q:2 y 2 Z- d RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PORTION OF A RIGHT OF WAY EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN VOLUME 852, PAGE 4710F THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 1981, Milton Liese, the predecessors -in -title to Williams Dr Ventures LLC, a Texas limited liability company ("Owner"), granted the City of Georgetown a right- of-way easement across a tract of land in the David Wright Survey, being Lot 1, Block E of the Deer Haven Subdivision, a map or plat thereof being recorded in Document No. 2016060970 of the Official Public Records of Williamson County, Texas (the "Property"), for the purpose of facilitating utility extensions; said easement being conveyed by an agreement recorded in Volume 852 Page 471 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 more particularly described by metes and bounds in Exhibit "A" and by sketch in Exhibit `B", each attached hereto and incorporated herein (the "Portion to be Abandoned"), would facilitate the development of the Property; and, WHEREAS, as part of its plat approval, Owner will City a replacement 15-foot public utility easement along the Williams Drive right-of-way to meet the City's requirements (the "Future PUE"), which will cover the City's Utility facilities; 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 the conveyance of the Future PUE, 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 utility easement in a form acceptable to the City Attorney along the Williams Drive right-of-way, the Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "A" 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 CITY OF GEORGETOWN Un day of , 2022. ATTEST: Josl ua 51 roeder, Mayor Robyn ❑Awore. City Secretary APPROVED AS TO FORM: t-� Skye a5so , City Attorney EXHIBIT A JPH Land Surveying, Inc. D. F. W. * Central Texas * West Texas * Houston EXHIBIT,, A " PAGE 1 OF 4 EASEMENT VACATION FIELD NOTES to that certain tract being a portion of a 10 feet wide Right - A, t,aNd of -Way Easement granted to the City of Georgetown in Volume 852, Page 471, of the Deed Records of Williamson County, Texas, and being situated in Lot 1, Block E, Deer Haven, a plat of which is recorded under Instrument Number 2016060970, of the Official Public Records of Williamson County, Texas; said tract is more particularly described as follows: COMMENCING at a 1/2 inch capped rebar stamped "Forest 1847" found in the southwest right-of-way line of Williams Drive (formerly known as Ranch -to -Market Road No. 2338, a 120-foot wide right-of-way as shown in Texas Department of Transportation Right -of -Way Map, Control 2211, Section 01, Job 005), at the northwest corner of said Lot 1, Block E; THENCE SOUTH 270 33' 01" WEST, along the west line of said Lot 1, a distance of 140.30 feet to the north line of said Easement granted to the City of Georgetown in Volume 852, Page 471, and the POINT OF BEGINNING; THENCE SOUTH 570 52' 09" EAST, over and across said Lot 1 and with the north line said Easement granted to the City of Georgetown, a distance of 1072.29 feet to the east line of said Lot 1, from which a 1/2 inch rebar found at a northeast corner of said Lot 1, bears NORTH 32' 54' 02" EAST a distance of 116.28 feet; THENCE SOUTH 32° 54' 02" WEST along the east line of said Lot 1, a distance of 10.00 feet to the south line of said Easement granted to the City of Georgetown; THENCE NORTH 570 52' 09" WEST, over and across said Lot 1 and with the south line of said Easement granted to the City of Georgetown, a distance of 1071.35 feet to the west line of said Lot 1; Dallas -Fort Worth Central Texas West Texas Houston 785 Lonesome Dove Tr. 1516 E. Palm Valley Blvd., A4 426 Graham Street 11511 Katy Fwy., 515 Hurst, Texas 76054 Round Rock, Texas 78664 Tuscola, Texas 79562 Houston, Texas 77079 (817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242 FIRM #10019500 1 JPHLANDSURVEYING.COM Page 2 of 4 THENCE NORTH 270 33' 01" EAST along the west line of said Lot 1, a distance of 10.04 feet returning to the POINT OF BEGINNING and enclosing 10,722 square feet. Cole Strevey Registered Professions Land Surveyor No. 67: April 14, 2022 Project No. 2021.073.( Dallas -Fort Worth Central Texas West Texas Houston 785 Lonesome Dove Tr. 1516 E. Palm Valley Blvd., A4 426 Graham Street 11511 Katy Fwy., 515 Hurst, Texas 76054 Round Rock, Texas 78664 Tuscola, Texas 79562 Houston, Texas 77079 (817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242 FIRM #10019500 1 JPHLANDSURVEYING.COM EXHIBIT B EXHIBIT " B " PAGE 3 OF 4 -.Ma P.O.C. N-4%,.. Sup - Scale: 1"=200' JPH Job No. 2021.073.007 3900 Williams Dr, Georgetown, Williamson Co, TX - ESMT 2.dwg © 2022 JPH Land Surveying, Inc. - All Rights Reserved 1516 E. Palm Valley Blvd., Ste. A4, Round Rock, TX Telephone (817) 431-4971 www.jphlandsurveying.com TBPELS Firm #10019500 O LOT 1 BLOCK E DEER HA VEN INST.# 2016060970 O.P.R.W.C.T. WILLIAMS DR VENTURES LLC, A TEXAS LIMITED LIABILITY COMPANY INST.# 2021191427 1 V � / GG ► Y U IA11L1'� L' LT SITUATED IN LOT 1, BLOCK E DEER HAVEN INSTRUMENT NUMBER 2016060970, O.P.R.W.C.T. CITY OF GEORGETOWN WILLIAMSON COUNTY, TEXAS EXHIBIT" B " PAGE 4 OF 4 Line Data Table Line # Bearing Distance L1 S27°33'01"W 140.30' L2 N32°54'02"E 116.28' L3 S32°54'02"W 10.00' L4 N27°33'01"E 10.04' V aNd sup MONUMENTS / BEARING BASIS CRS p 1/2" rebar stamped "JPH Land Surveying" set MNS p Mag nail & washer stamped "JPH Land Surveying" set Monuments are found if not marked MNS or CRS. Bearings are based on Grid North, Texas Coordinate System of 1983, Central Zone LEGEND OF ABBREVIATIONS P.R.W.C.T. Plat Records of Williamson County, Texas O.P.R.W.C.T. Official Public Records of Williamson County, Texas D.R.W.C.T. Deed Records of Williamson County, Texas POB/POC Point of Beginning/Point of Commencing JPH Job No. 2021,073.007 3900 Williams Dr, Georgetown, Williamson Co, TX - ESMT 2.dwg © 2022 JPH Land Surveying, Inc. - All Rights Reserved 1516 E. Palm Valley Blvd., Ste. A4, Round Rock, TX Telephone (817) 431-4971 www.jphlandsurveying.com TBPELS Firm #10019500 T Cole Strevey Registered Professional Land Surveyor No. 6731 April 14, 2022 EXHIBIT SHOWING 109722 SQUARE FEET SITUATED IN LOT I, BLOCK E DEER HAVEN INSTRUMENT NUMBER 2016060970, O.P.R.W.C.T. CITY OF GEORGETOWN WILLIAMSON COUNTY, TEXAS 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: , 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: Williams Dr Ventures LLC, a Texas limited liability company GRANTEE'S MAILING ADDRESS: 10417 Cannon Mark Way, Austin, Williamson County, TX 78717 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING, a 10-foot wide strip of land out of the David Wright Survey, Abstract No. 13, situated in the city of Georgetown, Williamson County, Texas, being the on rtion of that Right -of -Way Easement of record in Volume 852, Page 471 of the Official Public Records of Williamson County, Texas ("OPRWCT") within Lot 1, Block E of the Deer Haven Subdivision, a map or plat thereof being recorded in Document No. 2016060970 of the OPRWCT (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 Right of Way Easement to Williams Drive Ventures LLC Page 1 of 2 EXECUTED this the day of 20� GRANTOR ATTEST: CITY OF GEORGETOWN I0-ya 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 Right of Way Easement to Williams Drive Ventures LLC Page 2 of 2