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Item 4CCITY OF 5OUTHLAKE MEMORANDUM (October 6, 2015) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Item 4C Subject: Ordinance No. 1127, 1st Reading, to adopt an ordinance to abandon a permanent waterline easement in Southlake Town Square Action Requested: Ordinance No. 1127, 1st Reading, Adopt ordinance to abandon permanent waterline easement as recorded in Volume 4217, Page 158 of the Deed Records of Tarrant County, Texas in a tract of land deeded to Roger G. Baird and wife Lavon Baird situated in Richard Eads Survey, Abstract No. 481 as recorded in Volume 3866, Page 632 of deed records of Tarrant County, Texas and being more particularly described as Southlake Town Square Lot 1, Block 16. (If approved, the public hearing will be held October, 20, 2015.) Background Information: Cooper and Stebbins, the developer of Southlake Town Square has requested the abandonment of an existing permanent waterline easement that is no longer necessary. The permanent waterline easement to be abandoned is on property described as a tract of land deeded to Roger G. Baird and wife Lavon Baird as recorded in Volume 3866, Page 632 of Deed records of Tarrant County. The unused waterline easement is 10 feet wide and is described to follow the alignment of a future waterline. The permanent waterline easements were granted to the City in 1966 for a waterline that was either never constructed or is no longer in service. The easements are located on property that is more commonly known as Southlake Town Square. The unused permanent waterline easements must be abandoned so that there are no clouds on the land title during future property transactions. There are no waterlines in use or planned for in the Master Water Plan that require this easement to remain in place. Any future waterlines constructed with the development of Southlake Town Square will be constructed within proper easements granted at that time. If approved, the public hearing will be held October 20, 2015. 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: Standard forms have been reviewed by the City Attorney. Alternatives: The City Council may approve Ordinance No. 1127 or deny it. Staff Recommendation: Staff recommends approval of Ordinance No. 1127, 1st Reading, Adopt ordinance to abandon permanent waterline easement as recorded in Volume 4217, Page 158 of the Deed Records of Tarrant County, Texas in a tract of land deeded to Roger G. Baird and wife Lavon Baird situated in Richard Eads Survey, Abstract No. 481 as recorded in Volume 3866, Page 632 of deed records of Tarrant County, Texas and being more particularly described as Southlake Town Square Lot 1, Block 16. Supporting Documents: Location Map Easement Document as recorded in Vol. 4217, Pg. 158 Ordinance No. 1127 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Steven D. Anderson, P.E., CFM, Civil Engineer k Yy k ��`y1 SH 114 ' 7!N it k ' I" �le * 1 '� .a Lot 1, Block 16. s a Formerly Baird �k Southlake Town Square VL iY yj, �k • e > r'• n G'RsYTi^ � ^� # 1 Kn Tr G � i a C � t y8 ,N` a ti p 6 EEE 3 �' c• ICur A o f. j. ^ F f ROU .. � � .Yt• ` K'��jY[[[ n 11 n ° oo aa • > r'• n G'RsYTi^ m a I Tr G � i a C � N y8 ,N` a ti p 6 EEE 3 �' c• ICur A p R ROU b w PA � c n 11 n ° oo aa • R = T F • A J Joh i R4 ci n G'RsYTi^ m a I Tr G � i a C � N y8 / R- 4 A ROU w a m n 11 11a ° i • = T e Joh i R4 ci Y 595 ba � t ���gt c' _�a? 2 f i g o v $ r s� \l v p s S$ n£ esR, G D " ?� £ R BEs c.,R a �n Gx- pi y E & C T 5 ' 6 14 ' n� ap • - Q F 9 (E.A�1 o n PRINT @ 2 .NT n m a G � i a C � 60. n / R- 4 A ro w a a. ° i • = T e ggg_ p c' g o v $ r s� � Y py y E & k i a• ' n� pAp� f 4 60. / R- A ro a. K. i • ggg_ All i r $ r � Y py w1' TT k i Ordinance No. 1127 ORDINANCE NO. 1127 AN ORDINANCE VACATING AND ABANDONING A PERMANENT WATERLINE EASEMENT PREVIOUSLY GRANTED TO THE CITY BY ROGER G. BAIRD AND WIFE LAVON BAIRD AS RECORDED IN VOLUME 4217, PAGE 158 OF DEED RECORDS OF TARRANT COUNTY; 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 May 26, 1966, Roger G. Baird and wife Lavon Baird granted a permanent waterline easement ("the easement") to the City, which easements were filed of record and are recorded in the Deed Records Of Tarrant County, Texas at Volume 4217, Page 158; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the easements are not being used by, nor useful or convenient to the public in general, and that the public would be better served and benefited by their 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 of the City, if any, 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 waterline easement granted to t h e City on or about May 26, 1966, Roger G. and wife Lavon Baird, which the easement wwas filed of record and recorded at Volume 4217, Page 158 of the Deed Records of Tarrant County, Texas are 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 by the filing of a quitclaim deed. A Copy of the recorded easement to be abandoned is attached hereto as Exhibit A, and a copy of the quitclaim deed to be signed is attached hereto as Exhibit B. 1 Ordinance No. 1127 SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute the quitclaim deed abandoning and vacating the above-described easement to the current owner of the fee estate on which the easement is located, specifically, SLTS Land, L.P. 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 6TH DAY OF OCTOBER 2015. THE HONORABLE LAURA HILL, MAYOR ATTEST: CITY SECRETARY 2 Ordinance No. 1127 PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF OCTOBER, 2015. THE HONORABLE LAURA HILL, MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 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 waterline easement granted to the City by Roger G. Baird and wife, Lavon Baird, as recorded in Volume 4217, Page 158 of 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, SLTS Land, L.P., 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. 1127, passed by the City Council of the City of Southlake on October 20, 2015, 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. Ordinance No. 1127, DRTCT Vol. 4217, Pg. 158 Executed this the day of 12015. CITY OF SOUTHLAKE, Grantor 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 Ordinance No. 1127, DRTCT Vol. 4217, Pg. 158