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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