Item 6N Memo
Item 6N
M E M O R A N D U M
(September 1, 2015)
To:Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
nd
Subject: Ordinance No. 1124, 2 Reading, Public Hearing to adopt an
ordinance to abandon a permanent public access easement in
North Davis Business Park
Action
nd
Requested:
Ordinance No. 1124, 2 Reading, Adopt ordinance to abandon
permanent public access easement as recorded in Volume 388-
197, Page 40 of the Plat Records of Tarrant County, Texas,
situated in the T.S. Thompson Survey, Abstract No. 1502, in the
City of Southlake, Tarrant County, Texas, being a portion of a tract
of land conveyed to KJB Investments by plat recorded in Volume
388-197, Page 40 of the Plat Records of Tarrant County, Texas.
Background
Information:
Centerpoint Services, Inc., the owner of the North Davis Business
Park Lot 6R, Block A development has requested the abandonment
of an existing 20’ permanent public access easement that is no
longer necessary. The permanent public access easement to be
abandoned is on property described as a tract of land deeded to
KJB Investments as recorded in Volume 388-197, Page 40 of the
Plat Records of Tarrant County. The permanent public access
easement was established as a pedestrian trail to serve the North
Davis Business Park development. This permanent public access
easement was granted to the City in the plat recorded on August 7,
1985. The owner of the development requested a fence along the
perimeter of the property to increase security of the premise. Upon
construction of the fence, the public access easement will no longer
be needed.
st
This item passed 1 reading on the August 18, 2015 agenda.
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 to the City’s strategy map
relative to Corporate Focus Area of Quality Development.
Citizen Input/
Board Review:
None
Legal
Review:
The ordinance has been reviewed by the City Attorney’s office.
Alternatives:
The City Council may approve, amend or deny Ordinance No.
1124.
Staff
nd
Recommendation:
Ordinance No. 1124, 2 Reading, Adopt ordinance to abandon
permanent public access easement as recorded in Volume 388-
197, Page 40 of the Plat Records of Tarrant County, Texas,
situated in the T.S. Thompson Survey, Abstract No. 1502, in the
City of Southlake, Tarrant County, Texas, being a portion of a tract
of land conveyed to KJB Investments by plat recorded in Volume
388-197, Page 40 of the Plat Records of Tarrant County, Texas.
Supporting
Documents:
Location Map
Recorded Plat
Ordinance No. 1124
Quitclaim Deed
Staff
Contact:
Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer
Alejandra Ayala, P.E., Civil Engineer
Ordinance No. 1124
ORDINANCE NO. 1124
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
PUBLIC ACCESS EASEMENT PREVIOUSLY GRANTED TO THE
CITY OF SOUTHLAKE BY KJB INVESTMENTS WHICH
EASEMENT IS FILED IN VOLUME 388-197, PAGE 40 AND
RECORDED IN THE PLAT 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 7, 1985, KJB Investments granted a permanent 20’
public access easement (“the easement”) to the City, which easement is filed of record in
Volume 388-197, Page 40 of the Plat 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 public access easement granted to the
City on or about August 7, 1985 by KJB Investments, which easement is filed in record as
Volume 388-197, Page 40 and recorded in the Plat Records of Tarrant County, Texas, and
which is described in the attached 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 abandonment of the easement.
1
Ordinance No. 1124
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, Centerpoint Services, Inc.
SECTION 3
After the quitclaim deed is executed, the City Secretary is authorized and instructed
to file it in the Plat 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 18tH DAY OF
AUGUST, 2015.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
2
Ordinance No. 1124
PASSED AND APPROVED ON SECOND READING ON THIS 1STDAY OF
SEPTEMBER, 2015.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
____________________________________
CITY ATTORNEY
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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 public access
easement granted to the City by KJB Investments, filed with the County Clerk of Tarrant County,
Texas in Volume 388-197, Page 40, and recorded in the Plat 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, Centerpoint Services, Inc.,
Grantee, and its successors or assigns, all of the City’s right title, and interest, if any, in and to
the real property described in the attached Exhibit A.
In accordance with governing law, the undersigned has been authorized to execute this
conveyance by Ordinance No. 1124, passed by the City Council of the City of Southlake on
_________________________, a copy of which ordinance is attached hereto as Exhibit B 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
have and hold such property conveyed, if any, forever, and so that neither Grantor nor Grantor’s
successors or assigns shall have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof.
Quitclaim Deed – Lot 6 and 7, Block A, North Davis Business Park
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
Quitclaim Deed – Lot 6 and 7, Block A, North Davis Business Park
Ordinance No. 1124
ORDINANCE NO. 1124
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
PUBLIC ACCESS EASEMENT PREVIOUSLY GRANTED TO THE
CITY OF SOUTHLAKE BY KJB INVESTMENTS WHICH
EASEMENT IS FILED IN VOLUME 388-197, PAGE 40 AND
RECORDED IN THE PLAT 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 7, 1985, KJB Investments granted a permanent 20’
public access easement (“the easement”) to the City, which easement is filed of record in
Volume 388-197, Page 40 of the Plat 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 public access easement granted to the
City on or about August 7, 1985 by KJB Investments, which easement is filed in record as
Volume 388-197, Page 40 and recorded in the Plat Records of Tarrant County, Texas, and
which is described in the attached 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. 1124
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, Centerpoint Services, Inc.
SECTION 3
After the quitclaim deed is executed, the City Secretary is authorized and instructed
to file it in the Plat 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 18tH DAY OF
AUGUST, 2015.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
2
Ordinance No. 1124
PASSED AND APPROVED ON SECOND READING ON THIS 1STDAY OF
SEPTEMBER, 2015.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
____________________________________
CITY ATTORNEY
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