HomeMy WebLinkAboutRES 072523-5.P - Abandon PUE for PDCRESOLUTION NO. 07452-�-51?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING THE
RELEASE AND ABANDONMENT OF A OF A PUBLIC UTILITY
EASEMENT GRANTED TO THE CITY OF GEORGETOWN IN
DOCUMENT NO. 2002003157 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS.
WHEREAS, in 2001, Georgetown Independent School District granted the City of
Georgetown a public utility easement across a tract of land in the Nicholas Porter Survey,
Abstract No. 497(the "Property"), for the purpose of facilitating the extension of utilities to
service the Property; said easement being dedicated in Document No. 2002003157 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 0.093-acre portion of the Easement, described in the
metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Portion of the
Easement to be Abandoned"), would facilitate the development of the Property; and,
WHEREAS, Owner has granted a new public utility easement within a plat recorded
under document number 2023052449 (the "Replacement Public Utility Easement"), which
meets the City's requirements, and which will allow for the City's replacement public
facilities, generally in the location identified on Exhibit "B"; and,
WHEREAS, upon considering the request for release and abandonment of the Portion
of the Easement to be Abandoned, and additional information pertaining to the request, the
City Council now finds that in view of dedication of the Replacement Public Utility Easement
in accordance with the plat recorded in document number 2023052449 of the Official Public
Records of Williamson County, Texas, , a public need for the Portion of the Easement to be
Abandoned no longer exists, and therefore the Portion of the Easement to be Abandoned may
be abandoned and released to Owner or a successor -in -interest to Owner; 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. In view of the dedication of the Replacement Public Utility Easement in
accordance with the plat recorded in document number 2023052449 of the Official Public
Records of Williamson County, Texas„ the Mayor is hereby authorized to execute a Quitclaim
Deed in substantially the same form attached hereto as Exhibit "C" and any other conveyance
document(s) necessary to complete the release and abandonment of the Portion of the
Easement 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
CIT
APPROVED AS TO FORM:
Skye dasson, City Attorney
day of , 204
ATTEST:
Robyn ensmore, City Secretary
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EASED ENT RELEASE
PART OF THE REMAINING PORTION OF A 12.693 ACRE TRACT OF LAND
OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497,
PATENTED IN CONFLICT WITH THE ORVILLE PERRY SURVEY, ABSTRACT NO. 10
WILLIAMSON COUNTY, TEXAS
A DESCRIPTION OF 0.093 ACRES (4,056 SQUARE FEET) OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT
NO. 497, PATENTED IN CONFLICT WITH THE ORVILLE PERRY SURVEY, ABSTRACT NO. 10, SAID 0.093 ACRES BEING A PART OF THAT CERTAIN 15'-WIDE PUBLIC
UTILITY EASEMENT DESCRIBED IN AN AGREEMENT BETWEEN GEORGETOWN INDEPENDENT SCHOOL DISTRICT AND THE CITY OF GEORGETOWN DATED
DECEMBER 18, 2001, AND RECORDED IN DOCUMENT NO. 2002003157 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A
PART OF THE REMAINING PORTION OF A 12.693 ACRE TRACT OF LAND DESCRIBED IN A DEED FROM GEORGETOWN I.S.D., TO PDC WILLIAMS PLAZA, LTD.,
DATED DECEMBER 15, 2021, AND RECORDED IN DOCUMENT NO. 2022002090 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
12.693 ACRES BEING A PART OF LOT 1 OF MCCOY SCHOOL SUBDIVISION, A SUBDIVISION OF RECORD LOCATED IN GEORGETOWN, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF, RECORDED IN DOCUMENT NO.9921963 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
SUBDIVISION HAVING BEEN VACATED ACCORDING TO THAT CERTAIN VACATION OF PLAT DATED SEPTEMBER 26, 2022, RECORDED IN DOCUMENT NO.
2022120133 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS SHOWN ON THE ACCOMPANYING EXHIBIT. BEARINGS ARE
RELATIVE TO STATE PLANE COORDINATES, NAD 83(2011), TEXAS CENTRAL ZONE. DISTANCES AND AREAS REPORTED HAVE BEEN SCALED BY APPLYING THE
TXDOT STANDARD SURFACE ADJUSTMENT FACTOR FOR WILLIAMSON COUNTY OF 1.00012. SAID 0.093 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY THE FOLLOWING METES AND BOUNDS DESCRIPTION:
COMMENCING AT THE NORTHWEST CORNER OF A 5.996 ACRE TRACT OF LAND DESCRIBED IN A DEED TO NOVAK GISD MULTIFAMILY, LLC, DATED
DECEMBER 29, 2022, AND APPEARING OF RECORD IN DOCUMENT NO. 2022141914 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAME BEING THE NORTHERLY -MOST NORTHEAST CORNER OF THE REMAINING PORTION OF SAID 12.693 ACRE TRACT OF LAND, SAID POINT BEING IN THE
SOUTHERLY LINE OF RIVERY BOULEVARD, HAVING A VARIABLE RIGHT-OF-WAY WIDTH, SAID POINT BEING IN A CURVE;
THENCE WITH SAID CURVE TURNING TO THE RIGHT, HAVING AN ARC LENGTH OF 103.80', A RADIUS OF 546.07', A CHORD BEARING OF S 74-22'38" W, AND
A CHORD LENGTH OF 103.641, ALONG SAID SOUTHERLY CURVING LINE OF RIVERY BOULEVARD AND SAID NORTHERLY CURVING LINE OF THE REMAINDER OF
12.693 ACRES, TO THE END OF SAID CURVE;
THENCE S 79"49'20" W 14.08' ALONG SAID SOUTHERLY LINE OF RIVERY BOULEVARD AND THE NORTHERLY LINE OF SAID REMAINDER OF 12.693 ACRES TO
THE BEGINNING OF A CURVE, SAID POINT BEING MARKED BY A FOUND IRON ROD WITH AN ALUMINUM CAP;
THENCE WITH SAID CURVE TURNING TO THE RIGHT, HAVING AN ARC LENGTH OF 66.701, A RADIUS OF 546.071, A CHORD BEARING OF S 83-18151" W, AND A
CHORD LENGTH OF 66.66', ALONG SAID SOUTHERLY CURVING LINE OF RIVERY BOULEVARD AND THE NORTHERLY CURVING LINE OF SAID REMAINDER OF
12.693 ACRES TO THE NORTHEASTERLY LINE OF SAID 15'-WIDE PUBLIC UTILITY EASEMENT, FOR THE POINT OF BEGINNING OF THE HEREON DESCRIBED
0.093 ACRE TRACT OF LAND;
THENCE S 61"46'58" E 255.47' ALONG SAID NORTHEASTERLY LINE OF SAID 15'-WIDE PUBLIC UTILITY EASEMENT, TRAVERSING THROUGH SAID REMAINDER
OF 12.693 ACRES TO A POINT FOR CORNER IN THE EASTERLY LINE OF SAID REMAINDER OF 12.693 ACRES, SAME BEING THE WESTERLY LINE OF SAID 5,996
ACRES;
THENCE S 13°44'42" W 15.49' ALONG SAID EASTERLY LINE OF THE REMAINDER OF 12.693 ACRES AND WESTERLY LINE OF SAID 5.996 ACRE TRACT OF LAND,
TO THE SOUTHWESTERLY LINE OF SAID 15'-WIDE PUBLIC UTILITY EASEMENT;
THENCE N 61°46'58" W 285.51' ALONG THE SOUTHWESTERLY LINE OF SAID 15'-WIDE PUBLIC UTILITY EASEMENT, TRAVERSING THROUGH SAID REMAINDER
OF 12.693 ACRES TO SAID SOUTHERLY LINE OF RIVERY BOULEVARD, SAME BEING THE NORTHERLY LINE OF SAID REMAINDER OF 12.693 ACRES, SAID POINT
IN A NON -TANGENT CURVE TO THE LEFT;
THENCE WITH SAID CURVE, HAVING AN ARC LENGTH OF 30.17', A RADIUS OF 546.07', A CHORD BEARING OF N 88-23'45" E, AND A CHORD LENGTH OF
30.16', ALONG SAID CURVING SOUTHERLY LINE OF RIVERY BOULEVARD AND SAID NORTHERLY LINE OF THE REMAINDER OF 12.693 ACRES TO THE POINT OF
BEGINNING OF THE HEREON DESCRIBED TRACT OF LAND, HAVING AN AREA OF 0.093 ACRES, OR 4,056 SQUARE FEET, MORE OR LESS.
THE UNDERSIGNED, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY
CERTIFIES THAT THE PLAT AND METES AND BOUNDS DESCRIPTION
CONTAINED IN THIS EXHIBIT CONSTITUTE THE BOUNDARIES OF THE SE OF rF
PORTION OF AN EXISTING EASEMENT TO BE VACATED. 1�: ��arEy. t7
IAlchael Jack Needham
j�,
:t • 5183 .... Q.
°•��'
MICHAEL JA K NEE HAM suit
REGISTERED PROFESSIONAL TBPE FIRM REGISTRATION NO. F-469
LAND SURVEYOR NO. 5183 TBPLS FIRM REGISTRATION NO. LS-IOOOBG-00
Weftwood Phone (52) -0831
ToIlFree (88937
8) 937-5150
8701 N. Mopac Expy, Suite 320
Westwood Professional Services. Inc. Austin, TX 78759 westwoodps.com
DRAWN BY I CHECKED BY SCALE DATE JOB NUA�ER
ZNBM ETB N/A 03/15/2023 4670-21.455
PUBLIC UTILITY
EASEMENT RELEASE
PART OF THE RE#MNNG PORTION OF A
12.603 ACRE TRACT OF LAND LOCATED N THE
CTTY OF OWNEIOWN, AND BEING OUT OF THE
NIC IOLAS PORTER SURVEY, ABSTRACT NO. 407,
PATENTED IN CONFLICT WITH
THE ORVILLE PERRY SURVEY. ABSTRACT NO. 10
WILIJAYSON COUNTY. TEXAS
PAGE 1 OF 2
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14
R/VERY BOULEVARD
(VARIABLE WIDTH RIGHT —OF WAY) PANT OF COMMENCEMENT
(DOCUMENT NO. 2017099278) 1/2.-MCI" IRON
ROO
ROD W
CAP FOUND ►AINUM CZ
PANT OF BEGINNING `,
LEGEND
PROPERTY LINE
-----� EASEMENT LINE
0POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
0 30 60 120
GRAPHIC SCALE IN FEET
S
��'' C5 REMAINING PORTION OF � ` 12.693 ACRES
PDC WILLIAMS PLAZA, LTD.
� ` (DOCUMENT NO. 2022002090)
S6
1.
N 6��j6�e•• F
46se y�> �Ss �•
A
Q� C
LINE TABLE
LINE
BEARING
LENGTH
L1
S 79'49'20" W
14.08'
L2
S 13'44'42" W
15.49'
ooc��,6�/c � soy opRF
�iF�,T
do �0 2 FMF
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C1
35'17'21"
546.07'
336.33'
S 82'32'26" E
331.04'
C2
10*53'27"
546.07'
103.80'
S 74'22'38" W
103.64'
C3
50'01'59"
45.00'
39.30'
S 11'16'17" E
38.06'
C4
03'09'55"
546.07'
30.17'
N 88'23'45" E
30.16'
C5
06'59'54"
546,07'
66.70'
S 83'18'51" W
66.66'
C6
25'07'32"
546.07'
239.46'
S 77'27'31" E
237.55'
THE UNDERSIGNED, REGISTERED PROFESSIONAL LAND
SURVEYOR, HEREBY CERTIFIES THAT THE PLAT AND METES AND
BOUNDS DESCRIPTION CONTAINED IN THIS EXHIBIT
CONSTITUTE THE BOUNDARIES OF THE PORTION OF AN jE of
EXISTING EASEMENT TO BE VACATED. ti?4o1eT
n /J Llk:haeI Jack Needham
...............
518 3 :e .
7 9.' otr:0
� ���� •yO.F89tv�i
/ SUA
MIC AEL JA K NE DHAM
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5183 TBPE FIRM REGISTRATION NO. F-469
TBPLS FIRM REGISTRATION NO. LS-100060-00
Westwood Professional Servic
DRAWN BY I CHECKED BY
ZNBM I ETB
Inc.
SCALE
1 "=60'
Phone (512)485-0831
Toll Free (888) 937-5150
8701 N. Mopac Expy, Suite 320
Austin, TX 78759 westwoodps.com
DDTE JOB NWER
3/15A/2O23 4670-21.455
NOTES:
1. A METES AND BOUNDS DESCRIPTION OF EVEN SURVEY
DATE HEREWITH ACCOMPANIES THIS PLAT OF SURVEY.
2. BEARING SYSTEM FOR THIS SURVEY IS BASED ON THE
STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN
DATUM OF 1983 (2011), TEXAS CENTRAL ZONE 4203.
DISTANCES REPORTED HAVE BEEN SCALED BY APPLYING
THE SURFACE ADJUSTMENT FACTOR OF 1.00012.
PUBLIC UTILITY
EASEMENT RELEASE
PART OF THE REIIANNG PORTION OF A
12.803 ACRE TRACE OF LAND LOCATED N THE
CRY OF GEORGETOWN. AND BENG OUT OF THE
NKHOLAS PORTER SURVEY. ABSTRACT NO. 497,
PATENTED IN CONFLICT WITH
THE ORVILLE PERRY SURVEY, ABSTRACT NO. 10
WIL LIAILSON COUNTY, TEXAS
PAGE 2 OF 2
2023052449 PLAT Total Pages: 4
mill pl, UN911 0144 milm 0110111111
PLAT MAP RECORDING SHEET
DEDICATOR(s):
PDC WILLIAMS PLAZA, LTD
NOVAK GISD MULTIFAMILY, LLC
SUBDIV
ISION ISION NAME. RIVERY COMME I L UB VISION
PROPERTY IS DESCRIBED AS: SEE I UMENT
SUBMITTED BY: CITY OF O N
O
I 1TALLY � RECORDED
IC AL DBLIANDRD RECORDED
PLAT Fee: $246.00
)06/27/2023 10:16 AM DLAM
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Nancy E. ster County Clerk
Will amnion County, Texas
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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: July 25, 2023
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
GRANEE: PDC Williams Plaza LTD., a Texas limited partnership
GRANTEE'S Mailing Address (including County): 1360 Post Oak Blvd, Suite 1900, Houston,
Harris County, Texas 75224
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING all of that 0.093-acre Wastewater Easement out of the Nicholas Porter survey,
abstract 497 in in Williamson County, Texas, as conveyed and described in Document
2002003157, Official Public 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.
(signature page to follow]
Quitclaim Deed
Page 1 of 2
EXECUTED this the Z " day of a6a d , 20 Z3.
GRANTOR:
CITY OF GEORGE
By:
Josh Schr e
STATE OF TEMU
ATTEST:
By:
Mayor Robyn Densmore, City Secretary
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this date personally Jo5h Sejvvedw
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.
202
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
KAREN FROST
Notary ID # 1053608-4
N a My Commission Expires
May 24, 2024
APPROVED AS TO FORM:
" L'11�_
Skye asson, City Attorney
Quitclaim Deed
Page 2 of 2
Notary Public, State of Texas