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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 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 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 3