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Item 4B CITY OF SOUTHLAKE Item 413 MEMORANDUM (February 02, 2016) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1141, 1st Reading, Adopt ordinance to abandon a portion of permanent drainage easement as recorded in instrument D207253111 of the Deed Records of Tarrant County, Texas, situated in the John A. Freeman Survey, Abstract No. 529, more specifically described as Lot 4R, Block 1, Miron Addition, recorded in Cabinet A, Slide 3901, of Plat Records of Tarrant County, Texas. Action Requested: Ordinance No. 1141 , 1st Reading, Adopt ordinance to abandon a portion of permanent drainage easement as recorded in instrument D207253111 of the Deed Records of Tarrant County, Texas, situated in the John A. Freeman Survey, Abstract No. 529, more specifically described as Lot 4R, Block 1 , Miron Addition, recorded in Cabinet A, Slide 3901 , of Plat Records of Tarrant County, Texas. Background Information: Public Works is recommending that the City abandon a portion of an existing permanent drainage easement (variable width) that was originally dedicated to the city for a surface detention basin constructed during the Miron Addition Phase I development. The easement was for access and maintenance during emergency situations. The existing permanent drainage easement to be abandoned is on property described as a tract of land deeded to Martin W. Schelling, Trustee as recorded in Volume 12376, Page 1565 of deed records of Tarrant County. A new underground detention system is designed to detain the entire increase in runoff from the Miron Addition development, including the previous phase. This underground system will replace the existing surface detention. A new appropriately shaped and sized permanent drainage easement is planned to be dedicated by the owner of record, per separate instrument, for the proposed underground detention system. The existing drainage easement must be abandoned so that there are no clouds on the title during future property transactions. City of Southlake Values: Integrity Innovation♦Accountability♦Commitment to Excellence♦Teamwork Page 2 of 2 Item 413 If approved at 1St Reading, the public hearing will be held on the February 16, 2016. 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 focus area of quality development. It specifically relates to the City's Corporate Objective to collaborate with select partners to implement service solutions. 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. 1141 or deny it. Staff Recommendation: Staff recommends approval of Ordinance No. 1141 to abandon a portion of permanent drainage easement as recorded in instrument D207253111 of the Deed Records of Tarrant County, Texas, situated in the John A. Freeman Survey, Abstract No. 529, more specifically described as Lot 4R, Block 1 , Miron Addition, recorded in Cabinet A, Slide 3901 , of Plat Records of Tarrant County, Texas. Supporting Documents: Location Map Ordinance No. 1141 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Om Gharty Chhetri, P.E., CFM, Civil Engineer City of Southlake Values: Integrity Innovation♦Accountability♦Commitment to Excellence♦Teamwork W. NIhaa3H0 F—W 1P 10 y J as 4OOMaVNO I r; iEi r , 'n 1 _.�ra4+a31N3O 3S�/C S+-r• L v , T- a4 a31N30 3SV771A � - - J CD m a44O0M1S3M W r O ,t W W 0 as Noaiw . � 0 f ry r � ' F _ LL, - 3AViiNNnS F- U) z All 3AV IValN3O - - .•�� h. +'�\ +�• � $` � �°i ; � 'r �^�1 � y _. -nti .i i.Sri e . . l � .Igor �. �!/j.ti-�: � !.•`. �' CtSYi'M. 1r.w:+s.y-" d "� �4T E ` -r CL +� o bL ^ i Ordinance No. 1141 ORDINANCE NO. 1141 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PERMANENT DRAINAGE EASEMENT PREVIOUSLY GRANTED TO THE CITY BY RCC MIRON OFFICE, LTD., WHICH EASEMENT IS FILED AS INSTRUMENT NO. D207253111 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 July 6, 2007, RCC Miron Office, Ltd. granted a permanent drainage easement ("the easement") to the City, which easement is filed of record as plat and recorded as Instrument No. D207253111, 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 be 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 a permanent drainage easement granted to the City on or about July 6, 2007 by RCC Miron Office Ltd, which easement is filed of record as Instrument No. D207253111, and recorded at the deed Records of Tarrant County, Texas, and which is attached hereto as 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. 1141 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, RCC Miron Office Ltd. 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 2nd DAY OF FEBRUARY 2016. THE HONORABLE LAURA HILL,MAYOR ATTEST: CITY SECRETARY 2 Ordinance No. 1141 PASSED AND APPROVED ON SECOND READING ON THIS 16TH DAY OF FEBRUARY 2016. THE HONORABLE LAURA HILL, MAYOR ATTEST: 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 DIVER'S LICNESE NUMBER QUITCLAIM DEED THE 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 drainage easement granted to the City by RCC Miron Office, Ltd., filed with the County Clerk of Tarrant County, Texas as Document No. D207253111 and recorded in the deed records of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general; therefore, it 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 bargain, sell, release, vacate, abandon and forever quitclaim unto the current owner of the fee estate on which such easement is located, specifically, RCC Miron, Ltd, Grantee, and its successors and assigns, all of the City's right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit 'A': Legal Description, Graphic Depiction In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1141, 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. Page 1 of 3 QUrrCLAIM DEED TO HAVE AND TO HOLD all of its right, title and interest in and to the above described permanent drainage easements unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of 52016. CITY OF SOUTHLAKE, Grantor By: The Honorable Laura Hill, Mayor ATTEST: Lori Payne, City Secretary Page 2 of 3 QUrrCLAIM DEED THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in, 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/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2015. NOTARY SEAL Notary Public, State of Texas Notary's Name (Printed) Notary's Commission Expires AFTER EXECUTION BY OWNER, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-807 Page 3 of 3 QUITCLAIM DEED EXHIBIT "A" PROPERTY DESCRIPTION — PORTION OF LOT 4R, BLOCK 1, MIRON ADDITION All that certain lot, tract, or parcel of land, part of the John A. Freeman Survey, Abstract No. 529, City of Southlake, Tarrant County, Texas, being part of Lot 4R, Block / of Miron Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 3901 of the Plat Records of Tarrant County, Texas (PRTCT), said tract also being a portion of a permanent drainage easement conveyed to the City of Southlake, Tarrant County, Texas by document recorded d d under Instrument No. D207253/11 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to—wit: BEGINNING at a 1/2' iron pin found at the southeast corner of Lot 6, Block l of Miron Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 1252 PRTCT, THENCE North 89 deg. 18 min. 53 sec. East, a distance of /5.00 feet, THENCE North 00 deg. 43 min. 34 sec. West, a distance of 100.36 feet to a point on the north line of said Lot 4R, Block 1 of Miron Addition, THENCE North 89 deg. 31 min. 52 sec. East along the north line of said Lot 4R, Block l of Miron Addition, a distance of 45. 73 feet, THENCE South 57 deg. 24 min. 38 sec. East, a distance of 154.05 feet, THENCE South 04 deg. 56 min. 45 sec. East, a distance of 39.33 feet, THENCE North 57 deg. 24 min. 38 sec. West, a distance of 48.80 feet, said point being a Point of Curvature of a non—tangent circular curve to the right, having a radius of 244.00 feet, a central angle of 38 deg. 37 min. 29 sec. . and being subtended by a chord which bears South 64 deg. 05 min. 59 sec. West — 16/.39 feet, THENCE in a southwesterly and westerly direction along said curve to the right, a distance of 164.49 feet, THENCE South 46 deg. 52 min. 20 sec. West, a distance of 92.52 feet, THENCE South 89 deg. 07 min. 29 sec. West, a distance of 82.95 feet, THENCE North 00 deg. 23 min. 17 sec. West, a distance of 15.00 feet, THENCE North 89 deg. 07 min. 29 sec. East, a distance of 77.02 feet, THENCE North 46 deg. 52 min. 20 sec. East, a distance of 92.42 feet, THENCE North 00 deg. 16 min. 17 sec. West, a distance of 50.62 feet to the POINT OF BEGINNING, containing 21, 402 square feet or 0.49/ acres of land. of®F T E JRN ism NOTES: I. The bearings shown hereon are referenced to Texas State Pione Coordinate System, North SURA% Central Zone, NAD83 as derived from Western Data Systems RTK Cooperative Network. . (GOODV NI Scale : NONE Sheet MAUI Date : 11/16/2015 CML ENGINEERS--PLANNERS-SURVEYORS Job No . ; 10665 24M Mustang DrW,Grapevine,TX.76N1 °f to 9.4 Mebo(817)32378 Drafted R . D . H . 2 TBPLS FIRM No.10021700 Checked : R . D . H . W EXHIBIT "A" Ca �I�Ip152 �AIp 2�3g �1p� �2h2 I I R0� S9 0, ' LOT 5, BLOCK 1 P9 p ti ��1��9p I ( SIB PPR PKD2G 0O 8776LC �( �L9� D.R.T.C.T. L3 cP LOT 6, BLOCK 1 I ' 5' LL, 4 w LOT 2AR, BLOCK 1 PAUL R. BRUTON wI AND I I DOREEN L,D 93052839TON �I D,R.T.C.T. X1 I w JEFFLYN PROPERTIES VI, LTD D213134282 D.R.T.C.T. I I THIS PORTION OF THIS PORTION OF EXISTING DRAINAGE EASEMENT v� EXISTING DRAINAGE EASEMENT D207253iii r D207253111 D.R.T.C.T. — D.R.T.C.T. NOT TO BE ABANDONED TO BE ABANDONED I 0.491 AC. LINE BEARING DISTANCE LI N89°18'53'E 15.00' i I L2 N00°43'34'W 100.36' � L3 N89°31'52'E 45.73' I L4 S57°24'38'E 154.05' L5 SO4°56'45'E 39.33' L6 N57°24'38'W 48.80' Z L7 S46°52'20'W 92.52' LDT 4R L8 S89007'29'W 82.95' MIRDN ADDITION L9 NOO°23'17'W 15.00' CABINET A, SLIDE 3901 LIO N89°07'29'E 77.02P.R.T.C.T. LII N46°52'20'E 92.42' L12 N00°16'17'W 50.62' OF.r . Lot 3R6 Lot 3R5 CITY OF SOUTHLAKE DALLAS SMSA TOWER D196116714 HOLDINGS, LP N JRj; D.R,T.C.T. D204329648 D.R.T.C.T. �r Lot 3R4 UM MARCH INVESTMENTS, LP D205145644 D.R.T.C.T. ®® N GRAPHIC SCALE 1"=100' E UNE I RADIUS DELTA ARC I CHORD BEARING CHORD C11 244.00' 38°37'29° 164.49' S64°05'59'W 161.39' NOTES. 0 100 3 1. The bearings shown hereon are referenced to Texas State Plane Coordinate System, North Central Zone, NAD83 as derived from Western Data Systems RTK Cooperative Network. (300DVq1N Re Scale ., 1 "=100 ' Sheet 0 ( � 1L Date 111/16/2015 2 CML ENGINEERS_PLANNERS-SURVEYORS Job No . 10665 of 24M MUMM Drive,GreprMs,TX.76051 Ln Metro(817)3294373 Drafted : R . D . H . 2 TBPLS FIRM No.1OW17M Checked : R . D . H . o w