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Item 4C Item 4C M E M O R A N D U M (August 4, 2015) To:Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1122, 1st Reading, Adopt ordinance to abandon permanent drainage easement as recorded in instrument D208331417 of the Deed Records of Tarrant County, Texas, situated in the Jesse C. Allen Survey, Abstract No. 18, in the City of Southlake, Tarrant County, Texas, being a portion of a tract of land conveyed to Keller Watermere, LP by deed as recorded in Document No. D206238263 of the Deed Records of Tarrant County, Texas and being more particularly described as Watermere. (If approved, the public hearing will be held August 18, 2015.) Action Requested: Ordinance No. 1122, 1st Reading, Adopt ordinance to abandon permanent drainage easement as recorded in instrument D208331417 of the Deed Records of Tarrant County, Texas, situated in the Jesse C. Allen Survey, Abstract No. 18, in the City of Southlake, Tarrant County, Texas, being a portion of a tract of land conveyed to Keller Watermere, LP by deed as recorded in Document No. D206238263 of the Deed Records of Tarrant County, Texas and being more particularly described as Watermere. (If approved, the public hearing will be held August 18, 2015.). Background Information: Southlake Watermark Holdings, L.P., the developer of the South Village at Watermere development has requested the abandonment of an existing permanent drainage easement that is no longer necessary. The permanent drainage easement to be abandoned is on property described as a tract of land deeded to Keller Watermere, L.P. as recorded in Instrument No. D208331417 of deed records of Tarrant County. The drainage easement was established for the pond located in the South Village portion of the Watermere Development. The permanent drainage easement was granted to the City in 2008 by separate instrument prior to the limits of the pond being defined. The pond was designed and improved with the construction of the South Village at Watermere in 2014. An appropriately sized and shaped drainage easement was established for the pond with the platting of South Village at Watermere. The permanent drainage easement needing to be abandoned encumbers several residential lots. The permanent drainage easement must be abandoned so that there are no clouds on title during future property transactions. Financial Considerations: The filing fee for recording the Quit Claim Deed in Tarrant County records will be the only cost associated with the abandonment of the easement. Strategic Link: The easement abandonment links relative to Corporate Focus Area of Quality Development. Citizen Input/ Board Review: None Legal Review: The ordinance has been reviewed ce. Alternatives: The City Council may approve Ordinance No. 1122 or deny it. Staff Recommendation: Ordinance No. 1122, 1st Reading, Adopt ordinance to abandon permanent drainage easement as recorded in instrument D208331417 of the Deed Records of Tarrant County, Texas, situated in the Jesse C. Allen Survey, Abstract No. 18, in the City of Southlake, Tarrant County, Texas, being a portion of a tract of land conveyed to Keller Watermere, LP by deed as recorded in Document No. D206238263 of the Deed Records of Tarrant County, Texas and being more particularly described as Watermere. (If approved, the public hearing will be held August 18, 2015.) Supporting Documents: Location Map Easement Document Instrument No. D208331417 Ordinance No. 1122 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer N Location Map At Watermere South Village RiverbrookWay POND Union Church Rd The Verandas Ordinance 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 Southlakhome 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 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. 1 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. ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ THE HONORABLE LAURA HILL, MAYOR ATTEST: ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ CITY SECRETARY 2 Ordinance No. 1122 PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF AUGUST , 2015. ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ THE HONORABLE LAURA HILL, MAYOR ATTEST: ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: ____________________________________ CITY ATTORNEY 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 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 an existing permanent drainage easement granted to the City by Keller Watermere, LP, filed with the County Clerk of Tarrant County, Texas as Document No. D208331417, and recorded in the deed records of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general, and therefore constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. Therefore, 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, Grantor, does hereby assign and convey and forever quitclaim unto the current owner of the fee estate on which such easement is located, specifically, Southlake Watermark Holdings, LP to the real property described in the attached Exhibit A and shown on the attached Exhibit B. In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1122, passed by the City Council of the City of Southlake on _________________________, a copy of which ordinance is attached hereto as Exhibit C and incorporated herein by reference. This deed shall convey any right, title and interest, if any, owned by Grantor in and to the above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall successors or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. Executed this the _______ day of ___________________, 2015. CITY OF SOUTHLAKE, Grantor By: ____________________________________ The Honorable Laura Hill, Mayor ATTEST: _____________________________________ Lori Payne, 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 _____________, 2015. ___________________________________ Notary Public in and for the State of Texas My Commission expires: ______________ After filing please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092