Loading...
1281 Ordinance No. 1281 ORDINANCE NO. 1281 AN ORDINANCE VACATING AN EASEMENT ON CALLED 25.12 ACRE TRACT OF LAND CONVEYED TO DALLAS MTA, L.P. OF THE TARRANT COUNTY RECORDS,LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT THE ENTIRETY 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 entirety of the easement, located in the City of Southlake, recorded in D213036552 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 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 The entirety of the 15-foot sanitary sewer utility easement located on called 25.12 acre tract of land conveyed to Dallas MTA, L.P. more specifically described in the county records in D213036552. 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 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: Cellco Partnership, d/b/a Verizon Wireless. 1 Ordinance No. 1281 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. 2 Ordinance No. 1281 P SSED AND APPROVED ON FIRST READING ON THIS _ DAY OF � d_C� , 2023. M•triR `,`00T. g0UTye,,•, ATTEST: . .• ((,'", ` , • . ems `ci • ms - • * : x : CI_ EC TARY sismilloto PASSED AND APPROVED ON SECOND READING ON THIS gtAt DAY OF ‘,k."---4-tia.- , 2024. „,....„,„, M•il. 444. ATTEST: ,, V• c I. r. co z CIT TARY EFFECTIVE: q 1(e A APPROVED AS TO FORM AND LEGALITY: (faei-----9 #frz CITY ATTO' ..,' / Ordinance No. 1281 EXHIBIT"B" SH 114 WATER AND SANITARY SEWER RELOCATIONS EASEMENT RELEASE J. B.MARTIN SURVEY,ABSTRACT NO. 1134 CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS Being a 0.391 acre(17,040 square feet)tract of land situated in the J.B. Martin Survey,Abstract No. 1134, City of Southlake, Tarrant County, Texas, and being a portion of a called 25.12 acre tract of land conveyed to Dallas MTA, L.P. by Special Warranty Deed dated February 12, 2013 and recorded in Instrument No. D213036552 of the Official Public Records of Tarrant County, Texas, and subsequently distributed to Cellco Partnership, d/b/a Verizon Wireless, by Cellco Partnership Assistant Secretary's Certificate dated January 14, 2019 and signed by Karen M. Shipman,Assistant Secretary,said 0.391 acre(17,040 square feet)tract of land also being all of an existing 15'Sanitary Sewer Utility Easement granted to the City of Southlake as recorded in Volume 16245, Page 349 of said Official Public Records of Tarrant County, Texas, said 0.391 acre(17,040 square feet)tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod cap stamped "GORRONDONA" found for corner at the intersection of the northeast line of SH 114(a variable width right-of-way)with the southwest line of said called 25.12 acre tract of land and the northwest line of Lot 1, Block 1 of Solana Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Instrument No. D202371425 of said Official Public Records of Tarrant County, Texas,said 5/8 inch iron rod cap stamped"GORRONDONA"being the beginning of a non-tangent curve to the left having a radius of 4,843.00 feet,a delta of 03 degrees 45 minutes 20 seconds and whose chord bears North 26 degrees 18 minutes 07 seconds West,a chord distance of 317.39 feet;THENCE Northwesterly, with the northeast line of said SH 114, an arc distance of 317.45 feet to a 5/8 inch iron rod cap stamped"GORRONDONA"found for corner;THENCE South 61 degrees 49 minutes 13 seconds West, with the northeast line of said SH 114, a distance of 12.00 feet to a 5/8 inch iron rod cap stamped "GORRONDONA" found for the beginning of a non-tangent curve to the left having a radius of 4,831.00 feet, a delta of 06 degrees 33 minutes 55 seconds and whose chord bears North 31 degrees 27 minutes 45 seconds West, a chord distance of 553.26 feet; THENCE Northwesterly,with the northeast line of said SH 114,an arc distance of 553.56 feet to a calculated point for the POINT OF BEGINNING,said calculated point being in the southeast line of said 15' Sanitary Sewer Utility Easement; THENCE South 67 degrees 33 minutes 10 seconds West,with the southeast line of said existing 15'Sanitary Sewer Utility Easement,a distance of 30.44 feet to a calculated point for corner; THENCE South 52 degrees 54 minutes 16 seconds West,with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 6.62 feet to a calculated point for the most southerly west corner of said existing 15'Sanitary Sewer Utility Easement; THENCE North 37 degrees 05 minutes 17 seconds West,with the southwest line of said existing 15' Sanitary Sewer Utility Easement,a distance of 15.00 feet to a calculated point for the most northerly west corner of said existing 15'Sanitary Sewer Utility Easement; (Exhibit"B")Page 1 of 5 GORRONDONA 8 ASSOCIATES.INC. 2800 NE Loop 820,Suite 660. FORT WORTH,TEXAS 76137 817-496-1424 FAX 817-496-1768 4 Ordinance No. 1281 THENCE North 52 degrees 54 minutes 16 seconds East,with the northwest line of said existing 15'Sanitary Sewer Utility Easement,a distance of 8.54 feet to a calculated point for corner; THENCE North 67 degrees 33 minutes 10 seconds East,with the northwest line of said existing 15'Sanitary Sewer Utility Easement,a distance of 157.46 feet to a calculated point for corner; THENCE North 58 degrees 56 minutes 05 seconds East,with the northwest line of said existing 15'Sanitary Sewer Utility Easement,a distance of 312.78 feet to a calculated point for corner; THENCE North 72 degrees 45 minutes 36 seconds East,with the northwest line of said existing 15'Sanitary Sewer Utility Easement,a distance of 260.49 feet to a calculated point for corner; THENCE North 40 degrees 21 minutes 45 seconds East,with the northwest line of said existing 15'Sanitary Sewer Utility Easement,a distance of 337.35 feet to a calculated point for corner; THENCE North 08 degrees 07 minutes 46 seconds West, with a west line of said existing 15' Sanitary Sewer Utility Easement, a distance of 67.61 feet to a calculated point for the north corner of said existing 15'Sanitary Sewer Utility Easement,from which a 1/2 inch iron rod with cap stamped"GRAHAM&ASSOCIATES"found for the east corner of Lot 1 R1 R1 R, Block 1 of the Sabre Group Campus Addition, an addition to the City of Southiake as recorded in Instrument No. D218087500 of said Official Public Records of Tarrant County, Texas bears North 51 degrees 53 minutes 34 seconds West, a distance of 89.08 feet, said 1/2 inch iron rod with cap stamped "GRAHAM & ASSOCIATES" being in the southwest line of Kirkwood Boulevard (a variable width right-of-way); THENCE South 32 degrees 02 minutes 28 seconds East,with a northeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 37.01 feet to a calculated point for corner; THENCE South 08 degrees 07 minutes 46 seconds East, with an east line of said existing 15' Sanitary Sewer Utility Easement, a distance of 40.53 feet to a calculated point for corner; THENCE South 40 degrees 21 minutes 45 seconds West,with the southeast line of said existing 15'Sanitary Sewer Utility Easement,a distance of 348.46 feet to a calculated point for corner; THENCE South 72 degrees 45 minutes 36 seconds West,with the southeast line of said existing 15'Sanitary Sewer Utility Easement,a distance of 263.03 feet to a calculated point for corner; (Exhibit"B")Page 2 of 5 GORRONDONA&ASSOCIATES.INC. 2800 NE Loop 820,Suite 660. FORT WORTH,TEXAS 76137 817-496-1424 FAX 817-496-1768 5 Ordinance No. 1281 THENCE South 58 degrees 56 minutes 05 seconds West,with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 312.09 feet to a calculated point for corner; THENCE South 67 degrees 33 minutes 10 seconds West,with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 126.22 feet to the POINT OF BEGINNING, and containing 17,040 square feet or 0.391 acres of land, more or less. Notes: 1. A plat of same date herewith accompanies this legal description. 2. Bearings are referenced to the Texas State Plane Coordinate System, NAD-83(2011), North Central Zone(4202).All distances and areas shown are surface utilizing a surface adjustment factor of 1.00012. June 8, 2021 Revised July 9,2021 Revised August 3,2022 Revised August 9,2022 Revised February 8, 2023 tE...oF lF + RICHAR. KENNEDY '1 Richard Kennedy •'�ess+0• orb Registered Professional Lt ua Texas No. 5527 Texas Firm No. 10106900 (Exhibit"B")Page 3 of 5 GORRONDONA 8 ASSOCIATES,INC. 2800 NE Loop 820,Swte 660. FORT WORTH,TEXAS 76137 817-496-1424 FAX 817-496-1768 6 Ordinance No. 1281 08 / EXHIBIT "B" I; SEE I .8A DETAIL B KIRKWOOD BOULEVARD (VARIABLE WIDTH RIGHT-OF-WAY) ___��� _ -Z1T0- $___-_�.�¢ I. 11 I C ; 1� q 1 -:N 1 e `'1 1� 200 100 0 200 I oa<, I g ice^ 11 IL§� 1T Z g e oo 1)) ,1,1 SCALE IN FEET j ��j ZO i '9 17 ik�e4 3; !I!! ' REMAINDER OF I -v •' ^i r ! CALLED 25.12 ACRES ��W 1 I " 4.:,, EASEMENT CELLCO PARTNERSHIP i I!r. ASSISTANT SECRETARY'S CERTIFICATE /,,CO ; c:I !! - AREA DATED JANUARY 14. 2019 !! : 0.391 ACRES DALLAS MTA, L.P. • 11 g !! 17,040 SO.FT. INST. NO. D213036552 I • ,1 E I I , O.P.R.T.C.T. 1 I I o 1 1 ` � S FEBRV/Jt1' 12, 2013 I 1/4 w l:,^s, ^yI VOLUME 16r215.PAGE 349 .. F,•. w it I r ODAI-TC.T. 144 y q r.' `R • '1 z 1I f i vEY i co"ry .18o� a,OI •C1N S�R\5A I i•.g$o U 4 >i 8• RAC Np• 1 1 a.4 g en �o I 1 0351 I • iI II • I! h S 61'49'13'W /�FND 5/91R W/C1P I ' - I)-r In(' I' 12.00' [STAMPED•GORRONDONA• I C " P.O.B. FND 5/9'BR W/CAP-/ ! ---- - I STAMPED.00PRONDONA• SEE i P.D.C. DETAIL "A" SH 114 FND 5/91R W/CAP STAMPED"GORRONDONA. DRAINAGE EASEMENT (VARIABLE WIDTH RIGHT-OF-WAY) REVISED FEBRUARY 8, 2023 VOLUME 14028, PAGE 265 REVISED AUGUST 8, 2022 VOLUME 14028, PAGE 277 REVISED AUGUST 3, 2022 D.R.1.C.T. REVISED JULY 9, 2021 SH 114 WATER AND SANITARY SEWER .:.,ec.o.F i RELOCATIONS ',c'Gl*ERF��P` EASEMENT RELEASE < RICHARD KENNEDY OWNER: CITY OF SOUTHLAKE j 1/ SURVEY: J. B. MARTIN SURVEY, ABSTRACT NO. 1 134 z° 5527 ram+C,/ LOCATION: CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS ,94, £55 � EASEMENT RELEASE AREA: 17,040 SQUARE FEET OR 0.391 ACRES R� WHOLE PROPERTY ACREAGE: 24.3 ACRES CALCULATED RICHARD KENNEDY JOB No. 104.00 DRAWN BY: RK CAD FILE: ME RELEASE 1_R04-DWG REGISTERED PROFESSIONAL LAND SURVEYOR IMEEI EXHIBIT B PAGE 4 OF 5 IMMIll NO. 5527 TEXAS MIA No. 101015900 GORRONDONA &ASSOCIATES. INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 7 Ordinance No. 1281 EXHIBIT "B " • FND MONUMENTATION (SIZE AND TYPE NOTED) • LO CALCULATED POINT L-10 �`' •; EXISTING PROPERTY / RIGHT-OF-WAY LINE C _,--_.:.,-`( EXISTING EASEMENT �'' N _2 i'6i: - PROPOSED EASEMENT V. ...\..,... DETAIL "B" CURVE TABLE NOT TO SCALE CURVE RADIUS DELTA CHORD BEARING CHORD ARC C-1 4,843.00' 03'45'20" N 26'18'07"W 317.39' 317.45' C-2 4,831.00' 06'33'55" N 31'27'45"W 553.26' 553.56' t - I • 1 LINE TABLE �1i 1 ��_2 _ LINE BEARING DISTANCE • _ -' % L-1 S 67'33'10"W 30.44' "� L-2 S 52'54'16"W 6.62' ' P � B � L-3 N 37'05'17"W 15.00' 1. f:`:«`' --' L-4 N 52'54'16"E 8.54' • 1 -49 f L-5 N 6733'10"E 157.46' L-4_ > L 2 L-6 N 58'56'05"E 312.78' L-7 N 72'45'36"E 260.49' L-8 N 40'21'45"E 337.35' L-9 N 08'07'46"W 67.61' "•.., L-10 S 32'02.28"E 37.01' „ DETAIL A" L-11 S 08'07'46"E 40.53' NOT TO SCALE L-12 S 40'21'45"W 348.46' L-13 S 72'45'36"1N 263.03' L-14 S 58-56'05"W 312.09' NOTES: L-15 S 67'33'10"W 126.22' 1. A LEGAL DESCRIPTION OF SAME DATE HEREWITH ACCOMPANIES THIS PLAT. 2. BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83(2011). NORTH CENTRAL ZONE (4202). ALL DISTANCES AND AREAS SHOWN REVISED FEBRUARY 8, 2023 ARE SURFACE UTILIZING A SURFACE ADJUSTMENT FACTOR OF 1.00012. REVISED AUGUST 8, 2022 REVISED AUGUST 3, 2022 REVISED JULY 9. 2021 SH 114 WATER AND SANITARY SEWER ` , o..,. 1, ',`P;%�\sreR,-i- RELOCATIONS ,,L e� * Fo ��n`�., EASEMENT RELEASE ' RICHARD KENNEDY OWNER: CITY OF SOUTHLAKE A SURVEY: J. 8. MARTIN SURVEY, ABSTRACT NO. 1134 �p 5527 Fes' LOCATION: CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS �.,9iyO f55,• ' Y • EASEMENT RELEASE AREA: 17,040 SQUARE FEET OR 0.391 ACRES �. R WHOLE PROPERTY ACREAGE: 24.3 ACRES (CALCULATED) � DY JOB No. KHA_2104.00 DRAWN BY: RK CAD FILE: PUE RELEASE 1_R04.DWG RICHARD KENNEDY ,NGISTERED PROFESSIONAL LAND SURVEYOR DATE: JUNE 8, 2021 EXHIBITB PAGE 5 OF 5 SCALE: I. = 200' NO. 5527 TEXAS FIRM No. 10106900 GORRONDONA &ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX, 76137 • 817-496-1424 FAX 817-496-1768 8 Ordinance No. 1281 PUE RELEASE 1 ALL Bearing Distance S 67°33'10"W 30.44 S 52°54'16"W 6.62 N 37°05'17"W 15.00 N 52°54'16" E 8.54 N 67°33'10" E 157.46 N 58°56'05" E 312.78 N 72°45'36"E 260.49 N 40°21'45"E 337.35 N 08°07'46"W 67.61 S 32°02'28" E 37.01 S 08°07'46" E 40.53 S 40°21'45"W 348.46 S 72°45'36"W 263.03 S 58°56'05"W 312.09 S 67°33'10"W 126.22 Closure Error Distance>0.0028 Error Bearing> S 15°19'03"W Closure Precision> 1 in 828810.9 Total Distance>2323.63 17040 SQ. FT. 0.391 ACRES 9