HomeMy WebLinkAboutRES 051424-5.T - Abandonment of Easement 2024-5-ABDRESOLUTION NO. 101)5 14,, 4_76 T
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN CONDITIONALLY AUTHORIZING THE
RELEASE AND ABANDONMENT OF A PORTION OF AN
EASEMENT GRANTED TO THE CITY OF GEORGETOWN AS
RECORDED UNDER DOCUMENT NO. 1992002368 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS.
WHEREAS, in 1992, Georgetown Railroad Company, Inc., a predecessor -in -title to,
Building Plastics, Inc., a Tennessee corporation ("Owner"), granted to the City of Georgetown
an easement across a tract of land in the Lewis J. Dyches Survey, Abstract 180 (the
"Property"), for the purpose of facilitating the extension of electric facilities to service the
Property; said easement having been dedicated pursuant to Document No. 1992002368 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 0.175-acre portion of the Easement as 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 has already granted to the City a replacement utility easement to
meet the City's requirements and to allow for the relocation of the City's utility facilities,
which replacement utility easement is recorded under Document No. 2024020073 of the
Official Public Records of Williamson County, Texas (the "Replacement Utility Easement");
and,
WHEREAS, upon considering the request for the release and abandonment of the
Portion to be Abandoned, and additional information pertaining to the request, the City
Council now finds that upon the City's acceptance of the replacement utility facilities that are
to be installed in the Replacement Utility Easement, 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 acceptance by the City of the replacement utility facilities to be
installed in the Replacement Utility Easement, 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 APYROVED on this
&I\ ol, 2024.
CITY OF GF R ETOWN ATTEST:
By: ,
JOSI ua SchroedSgayor Robyn nsmore, City Secretary
APPIZOVI-T) AS TO FORM:
Wl e Masson, City Attorney
2024020073 ESMT Total Pages: 7
■III K 110101 PEW kEl 101 L2 M'111 1I II1
UTILITY EASEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS
This Utilitv Easement Agreement (this "Agreement") is made on the/ ' -, ' of
20JA at Georgetown, Texas, between Building Plastics, Ine,T�nessee
corporation, whose address is 3263 Sharpe Avenue, Memphis, TN 3811107, ferred to
as "Grantor"), and the City of Georgetown, a Texas home -rule municip'aftion, whose
address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgeto p. lix SeCr6tary (herein
referred to as "Grantee").
1. For the good and valuable consideration described inllagraph 2 below, Grantor
hereby GRANTS, SELLS and CONVEYS to Grantee, its stccessors and assigns, an
EXCLUSIVE easement and right-of-way (the "Easement') for the placement,
construction, operation, repair, maintenanc�;( replacQment, upgrade, rebuilding,
relocation and/or removal of utility lines and�relat6d facilities (collectively, the
"Facilities") on, over, under, and across the,)'ov atlg described property of the
Grantor, to wit:
Being all that ee"qtrant4igbe.dr -5arcel of land lying and being
situated in the C tty of 11ornson. State of Texas, being more
particularly deschbi ed by meted and bounds in Exhibit A and by
diagram in Exhibit it attaclj�'hereto and made a part hereof for all
purposes (the."'Property"
2. The Easement and the 1 )md privileges herein conveyed, are granted for and in
consideration of th6 u,P'o£ One and No/100 Dollars ($1.00) and other good and
valuable consideration tqGrgntor in hand paid by Grantee, the receipt and sufficiency
of which is here ac bbkwl'0dged and confessed.
/\
3. The Ease ent, wt its rights and privileges, shall be used only for the purpose of
placing, c�14,trruet i3 , operating, repairing, maintaining, rebuilding, replacing,
upg(a fin , relaCating, and/or removing the Facilities. The Easement additionally
i0cl s` b rillowing rights: (1) the right to change the size of the Facilities; (2) the
g t Ciocate the Facilities within the Property; and (3) the right to remove from the
�Ilhrees and parts thereof, or other obstructions, which endanger or may
inter ith the efficiency and maintenance of the Facilities.
of the Easement is perpetual.
5: Grantor and Grantor's heirs, personal representatives, successors, and assigns are and
shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights
conveyed in this Agreement to Grantee and Grantee's successors and assigns, against
every person lawfully claiming or to claim all or any part thereof.
GF.ORGETOWN UTILITY EASEMENT
700 SE Inner Loop, Georgetown, TX
Page I of 3
2024020073 Page 2 of 7
6. The Easement, and the rights and privileges granted by this Agreeme are
.EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor coxenali��
that Grantor shall not convey any other easement, license, or conflicting rigbt,to-w
any manner, the area (or any portion thereof) covered by this grant. CA l \�
7. This Agreement contains the entire agreement between the parties re ti s b ect
matter. Any oral representations or modifications concerning this A en 11 be
of no force and effect. Any subsequent amendment or modification 13S writing
and agreed to by all parties.
8. The terms of this Agreement shall be binding upon Glen or,)aid�,Grantor's heirs,
personal representatives, successors, and assigns; shall b' inu4to the benefit of
the Grantee and any successors or assigns of Grantee; s )Fbe deemed to be a
covenant running with the land.
IN WITNESS WHEREOF, Grantor and Granted ve aused this instrument to be
executed on the dates set forth herein.
Building Plastics, Inc., a Tennessee corporation
B
Name: Wallace R. McAlexander, Jr.
Title: Secretary and Director
I
STATE OF % c., 0
COUNTY OF SkCJA1^
� §
O
This i ���owledged before me on this the A3 day of
20 y, by tkilke Alexander, Jr., Secretary and Director of Building Plastics, Inc., a
Tennesse rr o ehalf of said corporation.
STATE '•y
�OF
{ TENNESSEE•;
(\ \ NOTARY
y PUBUc a
8S16N IEXPIRIE`'�� L
_ _G"EORGETOWN UTILITY EASEMENT
700 SE Inner Loop, Georgetown, TX
Notary Public, State of Texas•- T afi�/�£ �
Page 2 of 3
2024020073 Page 3 of 7
GRANTEE:
City of Georgetown, Texas, a Texas
home -rule municipal corporation
By:
_
Name: David Morgan
Title: City Manager
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the ay Qf �u�Gr -. 20Z
*by David Morgan, City Manager of the City of Georgetow, , TT Texas home -rule municipal
700 SE Inner Loop, Georgetown, TX
2024020073 Page 4 of 7
r9iPAPE-DAWSON
ENGINEERS
FIELD NOTES
FOR
0.327 ACRES (14,236 S.F.) OF LAND SITUATED IN THE LEWIS J. DYCHES SURVEY,
WILLIAMSON COUNTY, TEXAS. SAID 0.327 ACRES BEING OUT OF A CALLED 9.441�
RECORDED IN THE NAME OF BUILDING PLASTICS, INC. IN DOCUMENT NO.20230
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.), SAID 0.327, ACRE TRACT B Mom,
DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS ARE R N
COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD 83), CEN t+Z01
a
>, 180,
:R ' -LAND
Ki L PUBLIC
10RTICULARLY
ED TO, THE TEXAS
COMMENCING at a 1/2-inch iron rod found with cap stamped "Bury & Pari:6-Mor the northeasterly
corner of said 9.441 acre tract, said iron rod being most northerly nq thwes orner of Lot 1, Block A,
Project Lonestar Subdivision, a subdivision as recorded in Doc rflent Nb"Yr/200700317.7, O.P.R., said
iron rod also being on the southerly Right -of -Way (R.O.W.) li of So"east Innerloop (180' wide) as
recorded in Volume 2521, Page 284, Williamson County Deed R corq�,".C.D.R.), from which a 1/27inch
iron rod found with cap stamped "Baker Inc." for the sou �d er of said 9.441 acre -tract bears S
9° 12' 10" W, a distance of 426.78 feet;
THENCE, with the norther) line of said 9.44 cre tbra h souther) R.O.W. line of. said: Southeast
y Y
Interloop, S 72' 24' 27" W, a distance of 3 V,12 feet to Iculated point for�the northwesterly corner
and the POINT OF BEGINNING of the herein d��srjbed t ;.
THENCE, through and across said 9. cre tractth6fdllowing eight (8) courses and distances;:
1.. S 11' 35' 50" E, a distance of-443,2 to a calculated point hereof,
2. S 72' 24' 10" W, a t ii�tanc(b' 46 feet to a calculated point hereof,
3: S 17° 35' SO" E, a d c .59feet to a calculated point hereof„
4. S 27° 25' W, tan f 45.28 feet to a calculated point hereof,
5. S 7 W, nce of 111.96 feet to a calculated point hereof;.
6. S 55° " )stance of 40.10 feet to, a calculated point hereof;.
7. 0° 2 , a distance of 14.78 feet to a calculated point hereof,
Transpolta n Resources I Land Development I surveying I Environmental
telephone: 5 2 454-8711 address: 10801 NORTH MOPAC EXPRESSWAY, BUILDING 3 - SUITE 200 AUSTIN, TX.78759 webslte: PAPE-DAWSON.COM
IS* Onlo I Houston I Fort Worth I Dallas I New Braunfels Texas Engineering Fiim #470 Texas Surveying Firm #10028801
.kn`
2024020073 Page 5 of 7
0.308 Acre
Job No. 23-59029
Page 2 of 2
' I
8.. 5 21° 07' 50" E, a distance of 37.39 feet to a calculated point on the southerly line .of sa . 41
acre tract, said point being on the northerly line of Lot 1, Block A, Rock Springs, spit
subdivision as recorded in Document Number 2014068206, O.P.R.; \
THENCE, with the southerly line of said 9.441 acre tract and the northerly line of said L4tllfi �C>�, Rock
Springs Hospital Subdivision, S 72" 24. 34 W, a distance of 15.03 feet; / ))
THENCE, through and across said 9.441 acre tract the following ten (10) co.urs d d
1. N 21' 07' 50" IN, a distance of 51.89.feet to a calculated point her
2. N 70 29' 59" E, a distance of 28.31 feet to a calculated point hereo.,.
3. N 55' 59' 54" E, a distance of 40.36 feet to a calculated ppintfi
4. N 720 26' 27" E, a distance.of 107.92 feet to a calculated int h r of,,
5. N. 27' 25' 19" E, a distance of 32.84 feet to a cal tedt hereof,
6. N 17° 35' 50' W, a distance -of 165:37 f" c oint hereof;
7. N 72' 24' 10' E, a distance of 93.46 fe o a talc I ed point hereof,
8. S 17' 35'.50" W, a distance of 113.27 feet t culated point hereof,
9. N 72° 24' 27" W, a distance o 03. et to a calculated point hereof,
10. N:17' 35' 50" W, aAtan ego et to a calculated point on the northerly line of said 9.441
acre tract, said potn; i 0 utherly R.O.W. line of aforesaid southeast Innerloop' j
THENCE; with the north O;iRe aid 9.441 acre tract and the southerly R.Q.W. line of said.Southeast
Interloop, N 72° 24.'•�7" a di�a of 318.44 feet the POINT OF BEGINNING and coritaining0.327 acres
(14,236 S.F.) of I hd.
PREPARED B: awso gineers, Inc. 0Fi
DATE: ptetitI��F22,2023 .....0
F"y�
Job No.:-5�029���
DOC. ID. u"y\SURVEY23\23-59029\Word\FN59029-23 0.308Ac PUE.dbcx
ALAN J. HORTON
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2024020073 Page 7 of 7
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FILED PUBLIC RECORDED
RECORDS
ESMT Fee: $45.00
03/15/2024 11:29 AM OSALINAS
no Nancy E. inter County C1
Williamson County, Texn�ICkw
q 7
Exhibit A Page _1 of 3 Pages
County: Williamson
Project: Southeast Innerloop PUE Abandonment
C.I. No.: 1084-23
Job Number: 2023-086-121- 00
METES AND BOUNDS DESCRIPTION
LONGHORN JUNCTION LAND & CATTLE COMPANY — P.U.E ABANDONMENT
0.175 ACRES
Being 0.175 acres of land situated in the Lewis J. Dyches Survey, Abstract No. 180, Williamson
County, Texas. Said 0.175 acres being out of the remainder portion of a called 62.8417 acre tract of
land recorded in the name of Longhorn Junction Land and Cattle Company, LLC in Document
Number 2010002544 (Tract 3), Official Public Records of Williamson County, Texas (O.P.R.W.C.),
said 0.175 acre tract being more particularly described by metes and bounds as follows (all bearings
are referenced to the Texas Coordinate System, North American Datum of 1983 (NAD83), Central
Zone);
Commencing at a 1/2-inch iron rod found with cap stamped "Bury & Partners" for the
northeasterly corner of said remainder tract, said iron rod being most northerly northwest corner
of Lot 1, Block A, Project Lonestar Subdivision, a subdivision as recorded in Document Number
2007003177, O.P.R.W.C., said iron rod also being on the southerly Right -of -Way (R.O.W.) line of
Southeast Innerloop (180' wide) as recorded in Volume 2521, Page 284, Williamson County Deed
Records (W.C.D.R.), said iron rod being the northeasterly corner of the herein described tract;
Thence, with the northerly line of said remainder tract and the southerly R.O.W. line of said
Southeast Innerloop, South 72 degrees 24 minutes 27 seconds West, a distance of 624.32 feet to
the easterly line of a 20' Public Utility Easement (P.U.E.) as recorded in Volume 2098, Page 409,
W. C. D. R.;
Thence, with the easterly line of said 20' P.U.E. and through and across said remainder tract the
following two (2) courses and distances;
1. South 20 degrees 55 minutes 30 seconds East, a distance of 198.41 feet;
2. South 21 degrees 07 minutes 50 seconds East, a distance of 183.21 feet to the southerly
line of said remainder tract and the northerly line of Lot 1, Block A, Rock Springs Hospital, a
subdivision as recorded in Document Number 2014008206, O.P.R.W.C.;
3. Thence, with the southerly line of said remainder tract and the northerly line of said Lot 1,
Block A, Rock Springs Hospital, South 72 degrees 24 minutes 34 seconds West, a distance of
20.04 feet to the westerly line of aforesaid 20' P.U.E.;
Exhibit_ Page 2 of 3 Pages
Thence, with the westerly line of said 20' P.U.E. and through and across said remainder tract the
following two (2) courses and distances;
4. North 21 degrees 07 minutes 50 seconds West, a distance of 182.01;
5. North 20 degrees 55 minutes 30 seconds West, a distance of 199.61 feet to the northerly
line of said remainder tract and the southerly line of aforesaid Southeast Innerloop;
6. Thence, with the northerly line of said remainder tract and the southerly R.O.W. line of said
Southeast Innerloop, North 72 degrees 24 minutes 27 seconds East, a distance of 20.03 feet
to the Point of Beginning and containing 0.175 acres of land.
OF Zf+
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�ALAN�
.....................
..........
J.�HORTON
t< �,A 5768 P�•Q
�SUV6�y
5/08/2023
PAGE 3OF3
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0.175 ACRES
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REMAINDER PORTION
LONGHORN JUNCTION LAND AND
CATTLE COMPANY, LLC
130.0393 ACRES
I
REMAINDER PORTION
DOCUMENT NUMBER 2010002544,
O.P.R.W.C.
LONGHORN JUNCTION LAND AND CATTLE
COMPANY, LLC
(TRACT 5)
62.8417 ACRES
I
DOCUMENT NUMBER 2010002544,
O.P.R.W.C.
(TRACT 3)
20' P.U.E.
I
VOL. 2098, PG. 409
W.C. D.R.
I
LOT 1, BLOCK A
LONESTAR SUBDIVISION
/PROJECT
DOCUMENT NUMBER
/
2007003177, O.P.R.W.C.
LOT 1, CK A
GS HOSPITAL
DOCUMENT NCUMBERN 00140 8206, 0 P.R.W.C.
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TBPLS FIRMA REG. Na 100485
ABBREVIATIONS
W.C.D.R WILLIAMSON COUNTY DEED RECORDS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
R.O.W. RIGHT—OF—WAY
LONGHORN JUNCTION LAND & CATTLE
COMPANY
20' P.U.E ABANDONMENT
0.175 ACRES
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 14, 2024
GRANTOR: City of Georgetown, a Texas home -rule municipal corporation
GRANTOR'S MAILING ADDRESS: P.O. Box 409, Georgetown, Williamson County,
Texas78627
GRANTEE: Building Plastics, Inc., a Tennessee corporation
GRANTEE'S MAILING ADDRESS: 4365 Sharpe Ave., Memphis, Tennessee 38111
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY:
BEING, 0.175 acre of land out of the Lewis J. Dyches Survey, Abstract 180,
situated in the city of Georgetown, Williamson County, Texas, being a
portion of that easement dedicated in Document No. 1992002368 of the
Official Public Records of Williamson County, Texas; said 0.175-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 a Portion of an Easement to Building Plastics, Inc., a Tennessee corporation.
Page 1 of 2
EXECUTED this the day of , 20_
GRANTOR
CITY OF GEORGETOWN
BY:
Joshua Schroeder, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
ATTEST:
Robyn Densmore, City Secretary
ACKNOWLEDGMENT
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 a Portion of an Easement to Building Plastics, Inc., a Tennessee corporation.
Page 2 of 2
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