1122Ordinance No. 1122
ORDINANCE NO. 1122
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
DRAINAGE EASEMENT PREVIOUSLY GRANTED TO THE CITY
BY KELLER WATERMERE, LP, WHICH EASEMENT IS FILED AS
INSTRUMENT NO. D208331417 AND RECORDED IN THE DEED
RECORDS OF TARRANT; DECLARING THAT SUCH EASEMENT
IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING
THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING
AND ASSIGNING THIS EASEMENT TO THE OWNERS OF THE
FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, on or about August 25, 2008, Keller Watermere, LP granted a
permanent drainage easement ("the easement") to the City, which easement is filed of
record as Instrument No. D208331417 and recorded at The Deed Records Of Tarrant
County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the easement is not being used by, nor useful or
convenient to the public in general, and that the public would be better served and
benefited by its vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest in
the easement, the City desires to execute a quitclaim deed releasing and assigning
all title and control in said easement to the owners of the fee estate on which the easement
is located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The City Council finds that the permanent drainage easement granted to the
City on or about August 25, 2008 by Keller Watermere, LP, which easement is filed of
record as Instrument No. D208331417 and recorded at The Deed Records of Tarrant
County, Texas, and which is attached hereto as Exhibit A, is not being used by, nor useful
or convenient to the public in general and that the public would be better served and
benefited by the vacation and abandon of the easement.
Ordinance No. 1122
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a quitclaim deed to the above-described easement to the current owner of the
fee estate on which the easement is located, specifically, Southlake Watermark
Holdings, LP.
SECTION 3
After the quitclaim deed is executed, the City Secretary is authorized and instructed
to file it in the deed records of Tarrant County, Texas.
SECTION 4
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5
This Ordinance shall be in full force and effect from and its passage, and it so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 4TH DAY OF
AUGUST, 2015.
U�
THE H0146RABLE LAURA HILL, MAYOR
ATTEST: %'4 f..
1`,1% %3-T �F
5 .•••.......
=0•
CITY SECRETAY
***
2
Ordinance No. 1122
PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF
AUGUST, 2015.
ATTEST:
pa,
CITY SECRETAR!
EFFECTIVE:
�'
I as I 9j• •' •'
HLI
O •
• • to
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
EXHIBIT
C�r FILE
8
OFFICLU RECORD
CITY OF SOi ITHI AKC
PERMANENT DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF TARRRANT �
That 14 KELLER WATERMERE, LP, GRANTOR herein, for and in
consideration of the sum of Ten ($10.00) Dollars and other good and valuable
consideration in hand paid by the CITY OF SOUTHLAKE, home rale
municipal corporation of the County of Tarrant, Stage of Texas, GRANTEE
herein, the receipt and sufficiency of which is hereby acbmwiedged and
confessed, do hereby. grant, -seA and convey unto the said GRANTEE a
permanent and perpetual easement for the purpose of hm lllu, raring,
naia ning, altering, repladng, relocating, rebmWing, removing, and
operating drainage facilities in, into, upon, over, across, under and through
all that land in Tarrant County Texas described as follows, to -wit:
A variable width Permanent Drainage Easement containing
approximately 4.42 acres, as more particularly descried in Exhibit
"A" and shown on Exhibit "B" attached hereto and incorporated
herein.
together wltt the right of ingress and egress as necessary for such purposes.
GRANTOR covenants and agrees that GRANTOR and GRANTOR"s heirs,
representatives, successors and assigns " at no time erect, place or
construct, or cause to be erected, placed or const racted in, into, upon, over,
across or under any easements granted herein any temporary or permanent
structures, and it is farther agreed that GRANTEE shall have the right to
excavate and IM upon said permanent easement and to remove from said
permanent easement, any fences, buildings or other obstructions as may now
be found upon said permanent easement.
It is farther intended that the Permanent Drainage Easement herein granted
to the GRANTEE shad run with the land and forever be a right in and to the
Ind belonging to GRANTOR, and GRANTOR'S successors and assigns, and
said gramt is expressly excepted from any right of reversion of said premises
under any prior deeds in GRANTOR's chain of title. The Permanent
Drainage Easement, rights and privileges granted therein we exclusive, and
GRANTOR covenants that it will not convey any otter easement or
consictfang rights within the area covered by the grant to any other person.
Page 10#'3
t�20833)417 p.117
1NOXISS WHEREOF, dds dedication instrument is executed &b 24 day of
J_exe�•
BY
by:
GRANTOR
ACKNOWLEDGEMENT
THR STATK OF TEXAS,
COUNTY OF TARRANT
BEFORE ME, the underdped authority in and for Tarrant County, Texas, on this day
personally appeared P rirt E, f rK i Sknown to me or proved to me 8uough
tM OI& 4n � . (description of identity card or other document) to be the
same person whose name is subscribed to the f regoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein wipressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this :g day of al..
2007.
NOTARY SEAL
Notary Public, State ofTexas
&A A.
G. -�
Notary's Name (Printed)
Notary's 's ' Expires
X209331417 p.211
Page 2 of 3
This is to antitr that the fidwvA and real property conveyed by this dedic adon instrument the
&*day of 2008 from �Lr Lt C�eRI�� to the
CITY OF SO has been duly acoepted subject to all terms and cot►ditions corRsarod
therein, and the City Council has consented to recw*don of such dedication instrument by its
duly aWwrized officer.
rte,0 • �s
Vag
,,,',kyJytN►��
AFTER EXECUTION BY
GRANTOR, PLEASE RETURN
ORIGINAL TO:
CITY OF SOUTELAKE
Go Public Wa m Dgwtment
1400 Main Street, Suite 320
Soulidaloe, IX 76052
Phone: 817-74$-$098
Fax: 817--748-8077
AFTER RECORDING, PLEASE
RETURN ORIGINAL M.
CITY OF SOUTBI AKE
Go City Secretary
1400 Main Street, Suite 270
SouthPalce; TX 76092
Phoma 817-748-8016
-b2V?&31`l t 7 p. *9 17 Pao 3 of 3
DRAINAGE EASEMENT
192,509 SQ. FT. OR 4.42 ACRES
BEING a 4.42 acre tract of land situated in the Jesse C. Allen Survey, Abstract No. 18 in Tanarnt
County, Texas, and being a portion of a tract of land conrveyed to Keller Watennere, LP by deed
as recorded in Document No. D206238263, of the Deed Records of Tarrant County, Tacos, and
being more particularly described as follows:
BEGMUNGt at a 112 inch iron rod found for the southeast. corner of said Keller Waunnere tract,
same being in the north riglrt-of-way line of Union Chum Road;
THENCE North 89 deg. 59 min. 00 aec. West, along the common line of said Keller Watermere
tract, and the north right-of-way lime of'said Union Church Rmd, a distance of 75.46 fed to a
point for comer;
THENCE through the interim of said Keller Watermore tract, as follows:
North 00 deg. 02 min. 23 sec. Bast; a distance of 174.58 fleet to a point for corner;
North 89 deg. 57 min. 37 sec. West, a distance of 49.78 fent to a point for corner,
North 00 deg. 02 min. 23 sec. East, a distance of 147.38 feet to a point for caner;
South 90 deg. 00 min. 00 see. West, a distance of 204.94 feet to a point for corner;
North 19 deg. 26 min. 17 sec. West, a distance of 98.33 feet to a point far come=r,
North 85 deg. 56 min. 07 sec. West, a distance of 174.80 feet to a point for comer,
North 46 deg. 46 min. 36 me. Went, a of 76.40 feet to a point for corner, said point being
the beginning of a curve to the left having a radius of 468.44 lint, and a delta angle of 01 deg. 50
min. 18 see.;
Along said carve to the kA an are distance of 15.03 feet: and a chord bearing and distance of
North 26 min. 21 min. 15 see. East,15.03 » to a point for owner,
South 60 deg. 05 min. 42 see. East, a distance of 14.74 feat tD a point for corn,
North 29 deg. 30 min. 08 sec. Fast, a distance of 83.33 fed to a point for corner;
South 89 deg. 44 min. 25 sec. East, a distance of 89.28 feet to a point for corner,
South 51 deg. 37 min. 07 see. East, a distance of 118.86 ft to a point for owner,
North 79 deg. 02 mica. 55 sec. Bast, a didanw of 91.44 feet to a point for corner;
North 37 deg. 48 min. 54 we. East, a distance of 105.60 feet to a post for comer,
North 33 deg. 35 min. 30 see. Bast, a distance of 60.16 feet to a point for corner,
North 48 deg. 07 min. 57 sec. West, a distance of 160.11 i m to a point for comer,
North 18 deg. 48 min. 31 sec. Wei a distance of 91.40 feet to a point for comer,
North 26 deg. 14 min. 31 no. East; a distance of 181.80 feet to a point for comer;
North 00 deg. 00 urian. 00 sec. Bast; a distance of 138.30 font to a point for corner,
North 90 deg. 00 min. 00 sac. Bast, a distance of 10.86 fed to a point for caner;
North 00 deg. 00 min. 00 sec..East, a distance of 44.81 feet to a point for corner, said point being
in the north line of said Keller Waterm em tract, same being a south line of a tract of land
conveyed to Sc uddake Watermark Holdings, LP, as a 22.57 acre tract r+eewded in Documnt No.
D205375632, of the Deed Records of Tarrant County, Texan;
THENCE North 89 deg. 59 min. 49 see. Bast, along the common line of said feller Watermere
tract, and said 22.57 acre hind, a distance of 118.55 facet to a point for corner,
P-1 180FX6Lega14.42Acres Page 1 of 2
N0833WI7 p. y 17
DRAINAGE EASEAMNT
192,509 SQ. FT. OR 4.42 ACRES
THENCE through the interior of said Keller Wate mave tract, as follows:
South 00 deg. 00 min. 00 no. West, a distance of 194.22 feet to a point for corner
Sonde 90 deg. 00 miu. 00 sec. West, a distenoe: of 17.94 feet to a point for corner;
South 00 do& 00 min. 05 sec. West, a distam of 228.40 he to a point for corner;
North 90 deg. 00 min. 00 sec. East, a dWanoe of 15.41 feet to a point for corner,
South 00 deg. 03 min. 54 no. East, a distance of 385.27 fent to a point for corns,
South 52 deg. 46 min. 14 sec. Fast, a distance of 48.36 feet to a point far cam;
Nmeth 89 deg. 59 min. 51 sec. East, a distance of 64.37 feet to a point for cow, said point being
in the east line of said Kehler Waternsere trach same being in the wast Hw of a tract of land
c my eyed to Scuthlake Watennark EbkHnA LP, as a 2.01 acre tract of laud recorded in
Document No. D206233903, of the Heed Records of Tarrant County, Texas;
THENCE South 00 deg. 01 min 06 sec. East, along the common line of said 2.01 acne tract, and
said Keller Waterrnere tract, a distance of 337.21 Seat to the POINT OF BEGINNING and
containing 192,509 square feet or 4.42 acres of deputed land
1
P-1180EX7Legal
4096 /-"� f
Hugh E. Falser
R.P&S. No. 3688
January 24, 2008
HUGH E. PEISER
i .......... 0...........
:.e I'M
'.
�'cES 5 l _O :. �A
Page 2 of 2
kOg&31417 p - 5j 7
D-01'G018" JOB
N0' FbIzimt. b U1CV15YAf4U cu.
EASEMENT R-488.44'P-118MX7 WWW. eimersurveyLn .com
OR 4.42 ACRES (8- N26'21'15"E °A'�
CD-18.03' 01/24/2008 623 E. DALLAS ROAD tsar Pg
SCALE: ORAPMANE, TEXAS 76031 co
�,� S80'0542"E 1" �+ 100' 817--481-1 SOS (0) • >iUBN't'LAIL
�� ,�j 14.74 DRAWN BY: 817-481-1809 (Fj • > WOCRAP Y
•�' N29'30'08"E C.A. munbes aim W" NORT a
83.33' H07ESC
1. IRF — iron Rod Found
i 2. IRS — Iron Rod Set
3. Basis of Bearing - Basad an the west line (South 00 deg. 01 min. 08 sec. C
r . East), of a tract of iced conveyed to Southiake watermark HoWga, LP, as a 2.01 care
tract of land recorded b Doc unmt No. 0206233003, of the Deed Records of Tarrant gin d County, Texas. m
KELLER WATERMERE, LP � P
M a DOCUMENT NO. 0206238263
1 r4
g J � NOOM'00"E
d�. WOW'00"E 40, Z
44.81 0zrn
S"E 147-3V N9010'00"E S00�00'05"W 22x40' 89070 w � N � a
15.41
S00103140E 398.27' SOOMWOCrW 194.72
S52'46'14"E D
48.38'
N
N88'59, "E
e4.3r
0`0106 SOOro108 717.1?, ss<
119.93'1043%0MUNUMM SOUTHLAKEWATERMARK HOLDINGS. LP MMMT
ARK HOLDINGS, LP
0206233903 DOCUMENT N0. 0208375634
.
By:
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE TX 76092
SubnMer. CITY OF SOUTHLAKE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76186-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For RgielraO m
hwb m ont
0825MM 08 6 AAA
D20o 147
6; 7 PGS
111101IM111111111111
D208331417
$MOO
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prinbd by: 8D