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Item 4DCITY OF 5©UTHLAKE MEMORANDUM (October 6, 2015) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Item 4D Subject: Ordinance No. 1128, 1st Reading, Adopt ordinance to abandon a portion of a permanent 15 -foot sanitary sewer easement in Silver Ridge Addition Phase III Action Requested: Ordinance No. 1128, 1st Reading, Adopt ordinance to abandon a portion of a permanent 15 -foot public sanitary sewer easement as recorded in instrument D215083782 of the Deed Records of Tarrant County, Texas, situated in the Thomas Mann Survey, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas and being more particularly described as Silver Ridge Addition Phase III. (If approved, the public hearing will be held October 20, 2015.) Background Information: Vision Southlake Development, L.L.C., the developer of the Silver Ridge Addition has requested the abandonment of a portion of an existing permanent sanitary sewer easement that will encroach into a building footprint. The permanent sanitary sewer easement to be abandoned is on property described as a tract of land deeded to Vision Southlake Development, L.L.C. as recorded in Instrument No. D215083782 of Deed Records of Tarrant County, Texas. The sanitary sewer easement was established with the platting of Silver Ridge Phase III. The building plans for this particular pad site, Lot 3, are slightly different than the building footprint shown on the site plan. The building will still be served by the sewer line occupying the remainder of the easement. A portion of the permanent sanitary sewer easement must be abandoned so that there are no clouds on the land 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 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 Ordinance No. 1128 or deny it. Staff Recommendation: Staff recommends approval of Ordinance No. 1128, 1st Reading, Adopt ordinance to abandon a portion of a permanent 15 -foot public sanitary sewer easement as recorded in instrument D215083782 of the Deed Records of Tarrant County, Texas, situated in the Thomas Mann Survey, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas and being more particularly described as Silver Ridge Addition Phase III. (If approved, the public hearing will be held October 20, 2015.) Supporting Documents: Location Map Document Instrument No. D215083782 Ordinance No. 1128 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Steven D. Anderson, P.E., CFM, Civil Engineer Kirkwood Blvd. M Ln aW a� L& T CL v � Vn N C D a N 3 D i!! CL Dn � C p Or n� ,n N M1 N, 47 N ,,- N G D sle cw VA —D242172003 ! ! I 3f i T K KWOO D 0 U L Fnd 4.75- ZIT .75 arn / ! • 8i. 4a. Lo I ❑=35'52'18" 1 f-; 1 I Lot 1 R=854.4(' .off H �vroa'Qa' w.�1 1 .•� 0.637 Ac. 3 1 los 17..31 t I 2.18 t .aa 10' S1yn E 53 I p .a '' 'amt 1 w ! E�mk Cfl=S $9'Sfl'17" E z5.2t' 4161 s so'ao'Do' w f A rox. Location 14�7'3a" w 26Q.9Z' �' , 10.ao� ,----�--_ sad TPaL Eamt — - u� •�- 3.52 ...� VOL an11, Pg. z:4a 5a.ea' CL• --52 .� 19.01' �ffmw• 151.3W I _ I 1 2W Common '! I - a$i �-•-Access Eamt, 3 ` 3' Pubik Aca� Esmt �D213034-915 21 22161 ] 0' Padpgtrian Access r%F" CAISWaierlineD213oa4111a0,1z -�- �7Q r GSA Elm Eamt Btrildin ~�` �-- � ..P ' rl e ��- �,. 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[ 1 z i i 7.3' Wateriins Eamt I� of 3, Block 1 ' f� I b213141138 10' PUBLIC W.LLIN I I - ! 13' Common Access Eamt F I I I 1 "t" fn d I a213084918 $ f 1 PuBu� .L.E.`�"r—+-I I I I f r r r f r r I - � � •,f� �f r � l� f f f� r +f•J + �:.; •lrrr f+,•.r �!f,�," .+� I 13' Waterline Eamt �jj' r $034'4(' E 39loesa'. � 15.3$ 84.68' ] 5.00* 20 Buildiii Linc L 5.Or I +Water Use J! 1 DeEasement 9 i , l • M END am am i 7 8. T sop wo 94.54V �CRs lir �. S 89 54 40 VII 311.19 Tei,� I err i I Lot 7, Block 1 I ! 25Common Access Water f 1 I l i sa+.21 253 1 I 1 I I r I no ` Lot 1, Block 1 i 15 water ~ --" J o Rodger's Addition ! Line Easement J / Cob. A. SI. 3538 D213253918 f P R TO T I C 30 4 3D 60 90 Feet 9 CITY CASE ZA1 4&1 3' APPROVED by the Planning & Zoning Commision Date: <0�,- C k 4t r Chairman. City Secretary. IV • .. ,.. as %7 .F E*iaa FINAL PLAT SILVER RIDGE ADDITION PHASE III 4.271 Acres in the T�iMAS NlA�iAIV SURVEY, ABSTRACT NO. 1049 CITY OF SOUTNLAKE TARRANT COUNTY, TEXAS Ordinance No. 1128 ORDINANCE NO. 1128 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY VISION SOUTHLAKE DEVELOPMENT, LLC, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D215083782 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 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 April 24, 2015, Vision Southlake Development, LLC, granted a permanent sanitary sewer easement ("the easement") to the City, which easement is filed of record as Instrument No. D215083782 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 a portion of 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 a portion of the permanent sanitary sewer easement granted to the City on or about April 24, 2015 by Vision Southlake Development, LLC, which easement is filed of record as Instrument No. D215083782 and recorded at The Deed Records of Tarrant County, Texas, and which is described in the attached Exhibit A and shown on the attached Exhibit B, 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 a portion of the easement. 1 Ordinance No. 1128 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, Vision Southlake Development, LLC. 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. 1128 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 LEGAL DESCRIPTION 0.002 ACRES Being all that certain lot, tract or parcel of land situated in the Thomas Mann Survey, Abstract Number 1049, City of Southlake, Tarrant County, Texas, and being a portion of Lot 3, Silver Ridge Addition, Phase III, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Document Number D215083782 of the Plat Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a "+" found in concrete at the northeast corner of Lot 7 of said Silver Ridge Addition, Phase III, being the northwest corner of Lot 6, of said Silver Ridge Addition, Phase III and being on the south line of said Lot 3, from which a "+" found in concrete at the southeast corner thereof and being the northeast corner of said Lot 6 bears S 89`53'40" E, 97.24 feet; THENCE N 89°53'40" W, 2.99 feet with the north line of said Lot 7 and the south line of said Lot 3 to the east line of a 15' public sanitary sewer easement dedicated with said Silver Ridge Addition, Phase III; THENCE N 00006'20" E, 46.54 feet with the east line of said 15' public sanitary sewer easement to the POINT OF BEGINNING; THENCE N 89`53'40" W, 15.00 feet to the west line of said 15' public sanitary sewer easement; THENCE N 00"06'20" E, 7.00 feet with the west line of said 15' public sanitary sewer easement to the northernmost northwest corner thereof; THENCE S 89°53'40" E, 15.00 feet to the north line of said 15' public sanitary sewer easement to the northernmost northeast corner thereof; THENCE S 00°06'20" W, 7.00 feet with the east line of said 15' public sanitary sewer easement to the POINT OF BEGINNING and containing approximately 0.002 acres of land. S 89°53'40" E `I' 15.00' o S 00006'20" C12 O 15' Public SSE 7,00' cc O to be Abandoned 0.002 Ac. O N 89053'40 W QP O e 15.00' W Lot 3 Silver Ridge Addition Phase III D215083782 15' Public D2150837 N A 15' Public SSE 0215083782 26' PAE D215083782 1 Lot 7 — T— — 10' EE D215083782 - 1 - I NOTES: 1. Bearings based on plat. T N 693340" W 2.99' +' Fnd. — — I 2. Surveyor has made no investigation or independent search for easements of record, encumbrances, restrictive covenants, ownership title evidence, or any other facts that an accurate abstract of title may disclose. 15' PUBLIC SANITARY SEWER EASEMENT ABANDONMENT Lot 3 Silver Ridge Addition, Phase III 0.002 Acres In the THOMAS MANN SURVEY, ABSTRACT NO. 1049 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS MPLANNDIG CrM1243111111111RIM PLATTING CONSULTANTS, LLC L1tIDffi7YV6YRiG LANDSCAPCARCHNECSM 111 NtNne ome -Lew-te. TX7K57 -P: 9724M 9712- F. 972AM 9715 14 M Town 91wd. NOM. se 2 N9y1e.Tx 7B726 -P: 91n MO,1012-F Sao 24o. 1028 TBPE Firm No, 1790 TBPLS FFn No. IDM7700 DRAWN BY: CC DATE: 8/19/15 SCALE:1"=10' JOB. NO. 13107R L E G E N D RF = REBAR FOUND CRS = CAPPED REBAR SET CRF = CAPPED REBAR FOUND P.O.B. = POINT OF BEGINNING G&A = G&A CONSULTANTS, LLC. EE = ELECTRIC EASEMENT WLE = WATER LINE EASEMENT SSE = SANITARY SEWER EASEMENT PAE = PUBLIC ACCESS EASEMENT 15' PUBLIC SANITARY SEWER EASEMENT ABANDONMENT Lot 3 Silver Ridge Addition, Phase III 0.002 Acres In the THOMAS MANN SURVEY, ABSTRACT NO. 1049 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS MPLANNDIG CrM1243111111111RIM PLATTING CONSULTANTS, LLC L1tIDffi7YV6YRiG LANDSCAPCARCHNECSM 111 NtNne ome -Lew-te. TX7K57 -P: 9724M 9712- F. 972AM 9715 14 M Town 91wd. NOM. se 2 N9y1e.Tx 7B726 -P: 91n MO,1012-F Sao 24o. 1028 TBPE Firm No, 1790 TBPLS FFn No. IDM7700 DRAWN BY: CC DATE: 8/19/15 SCALE:1"=10' JOB. NO. 13107R 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 a portion of an existing permanent sanitary sewer easement granted to the City by Vision Southlake Development, LLC, filed with the County Clerk of Tarrant County, Texas as Document No. D215083782, 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, Vision Southlake Development, LLC, 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 and shown on the attached Exhibit B. In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1128, 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 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. 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 LEGAL DESCRIPTION 0.002 ACRES Being all that certain lot, tract or parcel of land situated in the Thomas Mann Survey, Abstract Number 1049, City of Southlake, Tarrant County, Texas, and being a portion of Lot 3, Silver Ridge Addition, Phase III, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Document Number D215083782 of the Plat Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a "+" found in concrete at the northeast corner of Lot 7 of said Silver Ridge Addition, Phase III, being the northwest corner of Lot 6, of said Silver Ridge Addition, Phase III and being on the south line of said Lot 3, from which a "+" found in concrete at the southeast corner thereof and being the northeast corner of said Lot 6 bears S 89`53'40" E, 97.24 feet; THENCE N 89°53'40" W, 2.99 feet with the north line of said Lot 7 and the south line of said Lot 3 to the east line of a 15' public sanitary sewer easement dedicated with said Silver Ridge Addition, Phase III; THENCE N 00006'20" E, 46.54 feet with the east line of said 15' public sanitary sewer easement to the POINT OF BEGINNING; THENCE N 89`53'40" W, 15.00 feet to the west line of said 15' public sanitary sewer easement; THENCE N 00"06'20" E, 7.00 feet with the west line of said 15' public sanitary sewer easement to the northernmost northwest corner thereof; THENCE S 89°53'40" E, 15.00 feet to the north line of said 15' public sanitary sewer easement to the northernmost northeast corner thereof; THENCE S 00°06'20" W, 7.00 feet with the east line of said 15' public sanitary sewer easement to the POINT OF BEGINNING and containing approximately 0.002 acres of land. S 89°53'40" E `I' 15.00' o S 00006'20" C12 O 15' Public SSE 7,00' cc O to be Abandoned 0.002 Ac. O N 89053'40 W QP O e 15.00' W Lot 3 Silver Ridge Addition Phase III D215083782 15' Public D2150837 N A 15' Public SSE 0215083782 26' PAE D215083782 1 Lot 7 — T— — 10' EE D215083782 - 1 - I NOTES: 1. Bearings based on plat. T N 693340" W 2.99' +' Fnd. — — I 2. Surveyor has made no investigation or independent search for easements of record, encumbrances, restrictive covenants, ownership title evidence, or any other facts that an accurate abstract of title may disclose. 15' PUBLIC SANITARY SEWER EASEMENT ABANDONMENT Lot 3 Silver Ridge Addition, Phase III 0.002 Acres In the THOMAS MANN SURVEY, ABSTRACT NO. 1049 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS MPLANNDIG CrM1243111111111RIM PLATTING CONSULTANTS, LLC L1tIDffi7YV6YRiG LANDSCAPCARCHNECSM 111 NtNne ome -Lew-te. TX7K57 -P: 9724M 9712- F. 972AM 9715 14 M Town 91wd. NOM. se 2 N9y1e.Tx 7B726 -P: 91n MO,1012-F Sao 24o. 1028 TBPE Firm No, 1790 TBPLS FFn No. IDM7700 DRAWN BY: CC DATE: 8/19/15 SCALE:1"=10' JOB. NO. 13107R L E G E N D RF = REBAR FOUND CRS = CAPPED REBAR SET CRF = CAPPED REBAR FOUND P.O.B. = POINT OF BEGINNING G&A = G&A CONSULTANTS, LLC. EE = ELECTRIC EASEMENT WLE = WATER LINE EASEMENT SSE = SANITARY SEWER EASEMENT PAE = PUBLIC ACCESS EASEMENT 15' PUBLIC SANITARY SEWER EASEMENT ABANDONMENT Lot 3 Silver Ridge Addition, Phase III 0.002 Acres In the THOMAS MANN SURVEY, ABSTRACT NO. 1049 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS MPLANNDIG CrM1243111111111RIM PLATTING CONSULTANTS, LLC L1tIDffi7YV6YRiG LANDSCAPCARCHNECSM 111 NtNne ome -Lew-te. TX7K57 -P: 9724M 9712- F. 972AM 9715 14 M Town 91wd. NOM. se 2 N9y1e.Tx 7B726 -P: 91n MO,1012-F Sao 24o. 1028 TBPE Firm No, 1790 TBPLS FFn No. IDM7700 DRAWN BY: CC DATE: 8/19/15 SCALE:1"=10' JOB. NO. 13107R