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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 TBPEFI egis tipn4470 •••.^•••• • •••• ••• TBPLS Fi eglstr t n #100288-01 4 5768 ... 0 O.F. � SUR D1� l r1iPAPE-DAWSON ENGINEERS N 3S z R b _ P / N 0 4 N° N Ny 2 00 a p a N, rn m � aI yNrn` ` m 1 Ow AG ` p��iiE i 16%y� O T W� P N a�,� w■ o c m 0 W IlaW aP Q *+ P 06 •t 'V UN 7Nn o_� � A z,M 0N O G:p '0; cl)♦^ s9012901.w 42s.r8' o = m O (A P0R�CU• CT A 200SDI FtlBL0 700,3 P _N177, O .(0 00 V cn A W (J r• J Z m ?' Z Z Z Z WOO Ln J -! V U, p NN.. 0 a m U N d O D Z NN (31 l0 Cfl cND` can m m O W 4. M irD m rri z m g g O .A O1 t0 4+ tD 00 O 00 -1 2024020073 Page 6 of 7 'U •o 2] 0 0 r- S�mCAXMm 0D m m v�-1 oo m O . �zC_OOom� v� zzm' zmo�'0c zgM0o �0 o g o Zzob-nm rn O �00 0 EX "E 0 C D zK W 0 onL D0 ,n Z mom8LAD GOCO o A Kim O U)zPi IQO-D Y NL 0 T'zzoZ� 9K a O �� •a --ism Famo,OMO G) 'fl iJ N l��J N:.4 sum nFi oNz>g .p !.' N° O ZNmn�. ` x oom .� m 0 E: m p W D C � y�4H Nm Om�-I T �>mD O D _vni -i '' C) �yA0 v z n z C z z _ A ()ZOp0 1n DC II' O 0 o � 2024020073 Page 7 of 7 . /. 4 , -r Pri�C-ko j 46soc,chS 21 i N Akand s+ftJ -st"ou Q'1 it Tk 75 -01 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+ �N . �ALAN� ..................... .......... J.�HORTON t< �,A 5768 P�•Q �SUV6�y 5/08/2023 PAGE 3OF3 N 0 150 300 1 INCH = 150 FT. \ ROL CITY OF GEORGETOWN / / nva W GIPPm h%W RW NO.201811867,O.P.R.W.C. 1 / ��>��-O�p �RYdPAH7AL�RSJ Sj \ ` / 5° 11$° C1 \ \/ 1 PMSON Cpf IN COP I P.O.B \ \ 0.175 ACRES I ` \ ` 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. Costello O Taox,=wyk ,. \ 512) 648-348E TW4 FVW RM Nm 250 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. 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