Item 6B MemoItem 4G Item 6B
Page 1 of 2
M E M O R A N D U M
(December 1, 2020)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Ordinance No. 1238, 2nd reading, abandoning a portion of a
water easement on Lot 20R, Block 1, H. Granberry No 581
Addition, an addition to the City of Southlake, Tarrant County,
Texas, being located at 191 W. Southlake Blvd. PUBLIC
HEARING
Action
Requested: Ordinance No. 1238, 2nd reading, abandoning a portion of a water
easement on Lot 20R, Block 1, H. Granberry No 581 Addition, an
addition to the City of Southlake, Tarrant County, Texas, being
located at 191 W. Southlake Blvd. PUBLIC HEARING
Background
Information: The developer of Lot 20R, Block 1 of the H. Granberry No. 581
Addition is requesting that the City abandon a portion of the existing
water line easement recorded in Instrument No. D219189742. The
easement runs along the northern portion of the lot. The easement
encompasses approximately 0.36 acres of the 3.4175-acre
property.
The document was recorded on August 23, 2019 under Instrument
No. D219189742 granting the City of Southlake a 15-foot water line
easement on a 3.4175-acrea tract of land. The water line easement
was designated for a fire line, and domestic and irrigation water
meters. The developer is requesting that a 5 square foot area of
water line easement to be abandoned so that the adjacent building
foundation no longer encroaches on to the easement. The
easement area to be abandoned does not contain City
infrastructure and will not affect access to City infrastructure.
Financial
Considerations: Applicant has provided the City with the filing fee costs.
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Infrastructure and Performance Management & Service Delivery. It
specifically relates to the City’s Corporate Objectives, B5: Enhance
Service Delivery Through Continual Process Improvement, and F2:
Invest To Provide & Maintain High Quality Public Assets.
Item 6B
Page 2 of 2
Citizen Input/
Board Review: Citizen input will be received during this public hearing on
December 1, 2020.
Legal
Review: The City Attorney has reviewed the ordinance.
Alternatives: The City Council may approve or deny the ordinance.
Staff
Recommendation: Ordinance No. 1238, 2nd reading, abandoning a portion of a water
easement on Lot 20R, Block 1, H. Granberry No 581 Addition, an
addition to the City of Southlake, Tarrant County, Texas, being
located at 191 W. Southlake Blvd. PUBLIC HEARING
Supporting
Documents: Attachment A: Location Map
Attachment B: Ordinance No. 1238
Attachment C: Easement Documents No. D219189742
Attachment D: Quitclaim Deed
Staff
Contact: Rob Cohen, Public Works Director
Kevin Ferrer, P.E., Deputy City Engineer
Sandy Endy, P.E., Development Engineer
Lo
c
a
t
i
o
n
M
a
p
SO
U
T
H
L
A
K
E
B
O
U
L
E
V
A
R
D
(
F
M
1
7
0
9
)
S
O
U
T
H
R
I
D
G
E
L
A
K
E
S
P
A
R
K
W
A
Y
B
Y
R
O
N
N
E
L
S
O
N
PARKWAY
Ordinance No. 1238
1
ORDINANCE NO. 1238
AN ORDINANCE VACATING AND ABANDONING FIVE SQUARE
FEET OF AN EASEMENT ON LOT 20R, BLOCK 1 OF THE H.
GRANBERRY SURVEY ABSTRACT NO. 581 OF THE TARRANT
COUNTY RECORDS, LOCATED IN THE CITY OF SOUTHLAKE;
DECLARING THAT FIVE SQUARE FEET OF SUCH EASEMENT
IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING
THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING
PUBLIC INTEREST OF THESE EASEMENTS; 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, the City Council of the City of Southlake, after careful study and
consideration, has determined that the portion of the easement, located in the City of
Southlake, recorded in Instrument No. D219189742 is not being used by, nor useful or
convenient to the public in general; therefore, it 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
easements, the City desires to execute a quitclaim deed releasing all title and control in
said easement to the owners of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A five square foot portion of the drainage easement located on Lot 20R, Block 1
of the H. Granberry Survey in the City of Southlake, more specifically described in the
county records in Instrument No. D219189742. The easement records attached hereto
and incorporated herein for all purposes, are not being used by, nor useful or convenient
to the public in general and the public would be better served and benefited by their
vacation and abandoned as public easements.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute quitclaim deed for the above mentioned property in Section 1 to the following
entity: Southlake Commons, LP.
Ordinance No. 1238
2
SECTION 3
Copies of said quitclaim deeds shall be presented for filing with the County Clerk
of Tarrant County, Texas by the office of the City Secretary.
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.
Ordinance No. 1238
3
PASSED AND APPROVED ON FIRST READING ON THIS ____ DAY OF
__________________, 2020.
_____________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ____ DAY OF
_________________, 2020.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY/ALICIA RICHARDSON
EFFECTIVE:______________________________
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that a portion of an existing water easement
located on Lot 20R, H. Granberry No. 581 Addition, An addition to the City of Southlake,
Tarrant County, Texas and recorded in the Tarrant County Plat Records instrument number
D219189742 hereinafter specifically described, is not being used by, nor useful or convenient to
the public in general; therefore, it constitutes a public charge without a corresponding public
benefit, and the public would be better served and benefited by its vacation and partial
abandonment. For and in consideration of the above findings and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City of
Southlake does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto
Southlake Commons, LP and any and all of their heirs, legal representatives or assigns, all of
theirs right, title, and interest in and to the following described real property situated in Tarrant
County, Texas, to wit:
Lot 20R, H. Granberry No. 581, Recorded in Volume D219189742 of the
Tarrant County Records.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above
described utility easements unto the said Grantee, its heirs and assigns forever, so that neither
Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or
title to the aforesaid utility easement premises or appurtenances or any part thereof.
Executed this the _______ day of ___________________, 2020.
CITY OF SOUTHLAKE
By: _______________________________________________
Mayor, Laura Hill
ATTEST:
_____________________________________
AMY SHELLEY/CITY SECRETARY
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Laura Hill,
Mayor of the City of Southlake, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of
_____________, 2020.
___________________________________
Notary Public in and for the State of Texas
My Commission expires: ______________
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092