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HomeMy WebLinkAboutRES 041123-5.I - Waste Water EasementRESOLUTION NO. DIA 111,-3 -5. T RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE RELEASE AND ABANDONMENT OF A PORTION OF A GEORGETOWN WASTEWATER EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN DOCUMENT NO.2013101018 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. WHEREAS, in 2013, Madison Reality Investors, Inc. ., a predecessor -in -title to, Orenda Education a Texas Non -Profit Corporation ("Owner"), granted the City of Georgetown a Wastewater easement across a tract of land in the Joseph Mott Survey, Abstract 427 and the Calvin Bell Survey, Abstract 112 (the "Property"), for the purpose of facilitating the extension of wastewater easement to service the property; said easement being dedicated in Document No. 2013101018 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 0.6879-acre portion of the Easement, described in the metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Portion to be Abandoned"), would facilitate the development of the Property; and, WHEREAS, Owner will grant the City a replacement utility easement to meet the City's requirements (the "Future WWE"), which will cover the City's replacement wastewater facilities, generally in the location identified as Lot 1A Block D 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 conveyance of the Future WWE and the City's acceptance of the replacement facilities installed therein, 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 (1) the conveyance of a replacement wastewater easement in a form acceptable to the City Attorney and in a location generally as shown as on Exhibit "A", and (2) the acceptance by the City of the replacement wastewater facilities, 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 J112a ; 2022. CITY OF GEO 0 By: _ // JoSIM chro , Mayor Robyn De more, City Secretary APPROVED AS TO FORM: Skye Amck City Attorney a c� c O cu U J V N O Y C 5 b o U m a c g � jdg� c� z�� a � N l o o o a w an D d u3 a 7; cD w w x w U E m 0 0 a z W Q O 1° co o9 � � 8 J J a w N �! 'Lii Li 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: April , 2023 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Orenda Education, a Texas Non -Profit Corporation GRANTEE'S MAILING ADDRESS: 2951 Williams Drive, Georgetown, Texas 78628 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING, 0.6879 acre of land out of the- Joseph Mott Survey, Abstract 427 and the Calvin Bell Survey, Abstract 112, situated in the city of Georgetown, Williamson County, Texas, being a portion of that Wastewater easement dedicated in Document No. 2013101018 of the Official Public Records of Williamson County, Texas; said 0.6879-acre tract being more particularly described by metes and bounds in Exhibit A and 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 WWE to Orenda Education Page 1 of 2 EXECUTED this the day of 20_. GRANTOR ATTEST: CITY OF GEORGETOWN BY: Joshua Schroeder, Mayor Robyn Densmore, City Secretary STATE OF TEXAS i 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 WWE to Orenda Education Page 2 of 2