Item 6H
Item 6H
M E M O R A N D U M
(October 20, 2015)
To:Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1127, 2nd Reading, to adopt an ordinance to
abandon a permanent waterline easement in Southlake Town
Square
Action
Requested:
Ordinance No. 1127, 2nd 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. (PUBLIC HEARING)
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.
st
Approved 1 reading October 6, 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
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
nd
Recommendation:
Staff recommends approval of Ordinance No. 1127, 2 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
N
Southlake Town Square
SH 114
Location Map
Formerly Baird
Lot 1, Block 16
N. Carroll Ave.
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 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 May 26, 1966, Roger G. Baird and wife Lavon Baird
granted a
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 the
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.
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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.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
2
Ordinance No. 1127
PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF
OCTOBER , 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 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
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 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 ___________________, 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
Ordinance No. 1127, DRTCT Vol. 4217, Pg. 158