Item 6B CITY OF
SOUTHLAKE Item 613
MEMORANDUM
(February 16, 2016)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1141, 2nd 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 , 2nd 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 613
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
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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.
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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. .
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EXHIBIT "A"
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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'
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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.
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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
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