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