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HomeMy WebLinkAboutRES 070913-DRESOLUTION AUTHORIZING THE VACATION AND ABANDONMENT OF A PORTION OF A CHANNEL EASEMENT LOCATED ON LOT 3, BLOCK B, RECORD FINAL PLAT, THE ENCLAVE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET U, SLIDE 399, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING FURTHER DESCRIBED IN VOLUME 416, PAGE 60 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND/OR ANY OTHER DOCUMENTATION NECESSARY TO VACATE AND ABANDON THE EASEMENT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has received an application for the vacation and abandonment of a portion of the above -described 1956 drainage channel easement (the "Property") that was conveyed to the State of Texas ("State") at the time the State acquired right of way to construct FM 2338/Williams Drive; and WHEREAS, there are no utilities located within the Property that have not been since, or will be, located within recorded easements; and WHEREAS, upon considering the request for vacation and abandonment of the Property, and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it may, therefore, be abandoned and vacated. 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. The City Council hereby finds that this resolution implements the following policies of the 2030 Comprehensive Plan: Resolution No. DID I I Description: Abandonment of a portion of a 1956 Channel Easement recorded in Volume 416, Page 60, Official Records, and located on Lot 3, Block B, The Enclave Subdivision, Plat Records, Williamson County, Texas Date Approved: t I Page 1 of 2 Goal 4.1.B. Efficient, Responsive Government. We have created and enforced innovative, effective and fair regulatory codes and development standards to guide and improve development quality. The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other 2030 Comprehensive Plan Policies. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed abandoning and vacating the Property in the form attached hereto as Exhibit "A" and any other documentation necessary to effectuate the abandonment and vacation. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of t I V 2013. CITY OF GEORGETOWN By: Z'i, - — Geor e G. Garver, Mayor APPROVED AS TO FORM: Br4 an, A -et- City Attorney S je, Mag-s ert s is -Fan 1- ATTEST: Je �ia E. Brettle, City Secretary Resolution No. 010 Description: Abandonment of a portion of a 1956 Channel Easement recorded in Volume 416, Page 60, Official Records, and located on Lot 3, Block B, The Enclave Subdivision, Plat Records, Williamson County Texas Date Approved: I 11\1Page 2 of 2 EXHIBIT (FORM OF QUITCLAIM DEEDI 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. , It 2013 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Jimmy Nassour GRANTEE'S Mailing Address (including County): 3939 Bee Caves Rd., Suite 200, Austin, Travis County, Texas, 78746 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a portion of a drainage Channel Easement upon over and across Lot 3, Block B, The Enclave Subdivision, a subdivision of record in Cabinet U, Slides 398-400, Plat Records of Williamson County, Texas (the "Property"); said Channel Easement being granted to the State of Texas in Right of Way Deed recorded in Volume 416, Page 460 of the Official Records of Williamson County, Texas. 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 portion of a 1956 Channel Easement recorded in Volume 416, Page 60, Official Records, and located on Lot 3, Block B, The Enclave Subdivision, Plat Records, Williamson County, Texas Page 1 of 2 EXECUTED this the day of 12013. GRANTOR CITY OF GEORGETOWN M. George G. Garver, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON ATTEST: Jessica E. Brettle, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally George G. Garver, 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 2013. Notary Public, State of Texas APPROVED AS TO FORM: Bridget Chapman, Acting City Attorney Quitclaim Deed abandoning a portion of a 1956 Channel Easement recorded in Volume 416, Page 60, Official Records, and located on Lot 3, Block B, The Enclave Subdivision, Plat Records, Williamson County, Texas Page 2 of 2