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Item 6L CITY OF SOUTHLAKE Item 6L MEMORANDUM (April 05, 2016) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Ordinance No. 1150, 2nd Reading, Adopt ordinance to abandon a permanent variable width drainage easement and a 15-foot wide sanitary sewer easement as recorded on Lot 2, Block 1, Bonola Family Addition, recorded in Cabinet A, Slide 8967, Plat Records, Tarrant County, Texas, situated in the Samuel A. Freeman Survey, Abstract No. 525 Action Requested: Ordinance No. 1150, 2nd Reading, Adopt ordinance to abandon a permanent variable width drainage easement and a 15-foot wide sanitary sewer easement as recorded on Lot 2, Block 1 , Bonola Family Addition, recorded in Cabinet A, Slide 8967, Plat Records, Tarrant County, Texas, situated in the Samuel A. Freeman Survey, Abstract No. 525. Background Information: The Bonola Family Ltd Partnership is requesting that the City abandon an existing permanent drainage easement (of variable width) that was originally dedicated to the city for a surface detention basin constructed during the development of Lot 1 of Bonola Family Addition. Currently, a ditch conveys the runoff from the upstream development to the east into a detention pond situated at the northeast corner of the undeveloped parcel (Lot 2). The ditch and the pond both are located on Lot 2 in a drainage easement. The City Council recently approved the Mainstreet Southlake Transitional care facility development on Lot 2. The existing drainage ditch and the detention pond will be in conflict with the proposed Mainstreet Southlake building. To avoid any building encroachment onto the drainage easement, a new appropriately shaped and sized permanent drainage easement is planned to be dedicated by the owner of record, per the separate instrument with the proposed Mainstreet project. Similarly, an existing sanitary sewer line will be in conflict with the proposed onsite retaining wall which will make the existing sanitary sewer difficult or impossible to maintain. The sanitary sewer line is within a 15-foot permanent sanitary sewer easement. A new sanitary City of Southlake Values: Integrity Innovation♦Accountability♦ Commitment to Excellence ♦Teamwork Page 2 of 2 Item 6L sewer line of similar capacity is planned to be constructed at a location desired by the City in a new 15-foot permanent sanitary sewer easement. This easement is proposed to be dedicated by the owner of record, per separate instrument. The new easements are required to facilitate property access to the proposed infrastructure and required maintenance, when necessary. The existing drainage easement must be abandoned so that there are no clouds on the 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 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. 1150 or deny it. Staff Recommendation: Ordinance No. 1150, 2nd Reading, Adopt ordinance to abandon a permanent variable width drainage easement and a 15-foot wide sanitary sewer easement as recorded on Lot 2, Block 1 , Bonola Family Addition, recorded in Cabinet A, Slide 8967, Plat Records, Tarrant County, Texas, situated in the Samuel A. Freeman Survey, Abstract No. 525. Supporting Documents: Location Map Ordinance No. 1150 Quitclaim Deed Staff Contact: Rob Cohen, Public Works Director Om Gharty Chhetri, P.E., CFM, Civil Engineer City of Southlake Values: Integrity Innovation♦Accountability♦ Commitment to Excellence ♦Teamwork 7 ■ .- rin arrda Noslaxnw -•� i SIX. ` `- - ■ AQ N310M N a► :w04 „ 64. - . O rr — U W I� •ill_ . . - l . Ordinance No. 1150 ORDINANCE NO. 1150 AN ORDINANCE VACATING AND ABANDONING A PERMANENT VARIABLE WIDTH DRAINAGE EASEMENT AND A 15-FOOT WIDE SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY PLAT AND DESCRIBLED AS LOT 2, BLOCK 1, BONOLA FAMILY ADDITION, SITUATED IN THE SAMUEL A. FREEMAN SURVEY ABSTRACT NO. 525, RECORDED IN CABINET A, SLIDE 8967, OF THE PLAT RECORDS OF TARRANT COUNTY, AND DEEDED TO BONOLA FAMILY LIMITED PARTNERSHIP; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THESE EASEMENTS 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 August 21, 2003, Bonola family limited partnership, Ltd. granted a variable width permanent drainage easement and a 15-foot permanent sanitary sewer easement ("the easements") to the City on Lot 2, which easement is filed of record as plat and recorded in Cabinet A. Slide 8967, of the plat Records of Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the easements are 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 easements, 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 variable width permanent drainage easement and a 15-foot permanent sanitary sewer easement on Lot 2, granted to the City on or about August 21, 2003 by Bonola family limited partnership, which easements are filed as plat and recorded in Cabinet A, Slide 8967 of the plat 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 1 Ordinance No. 1150 and abandon of the easements. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed to the above-described easements to the current owner of the fee estate on which the easements are located, specifically, Bonola family limited partnership. 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 1ST DAY OF MARCH 2016. THE HONORABLE LAURA HILL,MAYOR ATTEST: CITY SECRETARY 2 Ordinance No. 1150 PASSED AND APPROVED ON SECOND READING ON THIS 5TH DAY OF APRIL 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 an existing variable width permanent drainage easement and a 15-foot permanent sanitary sewer easement on Lot 2 of Bonola Family Addition, as recorded in Cabinet A, Slide 8967, of the plat Records of Tarrant County, Texas, situated in the Samuel A. Freeman Survey, Abstract No. 525, 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, Bonola family limited partnership, 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 (Drainage and Sanitary Sewer Easements) In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1150, passed by the City Council of the City of Southlake on Page 1 of 3 QUrrCLAIM DEED , a copy of which ordinance is attached hereto as Exhibit C and incorporated herein by reference. 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 , 2016. 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 2016. 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" BEING a 1.4436 acre tract of land located in the Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas, said 1.4436 acre tract of land being a portion of LOT 2, BLOCK 1, BONOLA FAMILY ADDITION, being an Addition to the said City and State,according to the plat thereof filed for record in Cabinet A, Slide 8967, Plat Records, Tarrant County,Texas (P.R.T.C.T.), said 1.4436 acre tract of land also being a portion of that certain tract of land conveyed to BONOLA FAMILY LIMITED PARTNERSHIP, by deed as recorded in Tarrant County Clerk's Instrument No. D203323665, Official Public Records, Tarrant County, Texas, said 1.4436 acre tract of land also being all of an existing variable width Drainage Easement and a portion of an existing 15 feet wide Drainage Easement,as shown on the said plat of Bonola Family Addition,and being more particularly described by metes and bounds as follows: BEGINNING at a point on the west lot line of said Lot 2, same being the east right-of-way line of Shady Lane (being a 60 feet wide right-of-way at this point), said point being at the intersection of the said lot line and the south line of the said existing variable width Drainage Easement, said beginning point being North 01°16'40"West,a distance of 92.41 feet from a 518 inch iron rod with a cap stamped"LANDES"found at the southwest lot corner of said Lot 2, said beginning point also having a grid coordinate of N: 7,029,312.13 and E: 2,393,801.73; THENCE North 01016'40"West,along the said lot line and along the said right-of-way line,a distance of 160.00 feet to a point for corner at the intersection of the said lot Iine and right-of-way line with the north line of the said variable width Drainage Easement, from which a 518 inch iron rod with a cap stamped"LANDES" found at the northwest lot corner of said Lot 2 bears North 01°16'40"West,a distance of 20.00 feet; 3 THENCE departing the said lot line and the said right-of-way line,over and across said Lot 2,and along the j north line of the said Drainage Easements the following courses and distances: North 89°06'17" East, a distance of 42.80 feet; South 74°5906" East,a distance of 54.22 feet; North 89°06'17" East,a distance of 667.62 feet to the east lot line of said Lot 2,same being the west lot line of Lot 1 R2, Block 1, Bonola Family Addition,being an Addition to the said City and State, according to the.plat thereof filed for record in Cabinet A,Slide 9861, P.R.T.C.T.,from which a 5/8 inch iron rod with a cap stamped"LANDES"found at the northeast lot corner of said Lot 2,same being the northwest lot corner of said Lot I R2 bears North 01°04'39" West,a distance of 35.00 feet; i THENCE South 01 004'39" East,along the said lot lines,a distance of 15.00 feet to the intersection of the said lots lines with the south line of the said 15 feet wide Drainage Easement; j THENCE South 89"06'17" West,along the said south easement line,a distance of 374.13 feet to an interior ell corner in the said variable width Drainage Easement; THENCE South 00°5343" East,along the east line of the said variable width Drainage Easement,a distance of 130.00 feet; THENCE South 89°06'17" West, along the south line of the said variable width Drainage Easement,a distance of 387.37 feet to the POINT OF BEGINNING. The hereinabove described tract of contains a computed area of 1,4436 acres(62,883 square feet)of land, more or less. PAGE I OF 3 SPOONER AND ASSOCIATES,INC,809 BYERS STREET,#100,EULESS,TEXAS 76039—PH.817-8$5MB—ESPOONEROSPOONERsunvEYORs.COM—S&A#15.020 NOTE: The basis of bearings for this survey is the Texas State Plane NAD83 North Central Zone (4202). I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that the same is true and correct. ERIC S. SPOONER 5922 e s ra I Eric pooner,RPLS Registered Professional Land Surveyor Texas Registration Number 5922 TBPLS Firm No. 10054900 I i I PAGE 2 OF 3 SPOONER AND AssoCIATEs,INC,309 BYERS STREET.0100,EULESS,TEXAS 76039—PH.817-685.8448—ESPOONER®SPOONERSURVEYORS.COM--S&A 415.020 1 110 o fk: 7p It T, CO 4 L3683Q17S'b 9b'� 9NV7AgVHS .' F ! 1WS3 A N Vdn0a,4 Y3A 730 I ' aRt1O373 YOONO.OE X3 .... I I I 117LU W I W wee I I I ! ZC ° Od IL ca uj 4 O a ;~ I° a m � ul rn � tj� v� I ! a I Loo" Rt LU I 00 . .�..r.nr.�.. ...... R A X I f I 4 m o5'd4 � � � w a I a � �' Co 45 Z. m a ! I I �� I Di uj r.0 LU cr co Ito � I I j w I� � �f ! Q0 �Z � 0,X zw w i aw IT luli a l w 1 z LU Q � � x aha I i t U1 [�7 ul �. tZ LL Q II•.i.••� I a m zw fq o ,� F3 10L M,,Oh9t.tON w Qui Morr3arM,osJ ,NV7A(lVHS _May Ono � EXHIBIT"A" BEING a 0.2685 acre tract of land located in the Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas, said 0.2685 acre tract of land being a portion of LOT 2, BLOCK 1, BONOLA FAMILY ADDITION, being an Addition to the said City and State ,according to the plat thereof filed for record in Cabinet A, Slide 8967, flat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.2685 acre tract of land also being a portion of that certain tract of land conveyed to BONOLA FAMILY LIMITED PARTNERSHIP, by deed as recorded in Tarrant County Clerk's Instrument No. D203323665, Official Public Records, Tarrant County, Texas, said 0.2685 acre tract of land also being all of an existing 15 feet wide Sanitary Sewer Easement, as shown on the said plat of Bonola Family Addition, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the south line of the said existing Sanitary Sewer Easement with the east lot line of said Lot 2, same being the west lot line of Lot IR2, Block 1, Bonola Family Addition, being an Addition to the said City and State, according to the plat thereof filed for record in Cabinet A, Slide 9861, P.R.T.C.T., said beginning point being North 01°04'39" West, a distance of 337.91 feet from a "X" cut in concrete found at the southeast lot corner of said Lot 2, same being the southwest lot corner of said Lot I R2, j said beginning point also having a grid coordinate of N: 7,029,468.98 and E: 2,394,560.70; j i THENCE departing the said lot lines,over and across said Lot 2, and along the said south line of the existing Sanitary Sewer Easement the following courses and distances: South 89°06'17" West,a distance of 667.62 feet; North 74°5906"West,a distance of 54.22 feet; South 89'06'17"West,a distance of 42.80 feet to the west lot line of said Lot 2,same being the east right-of-way line of Shady Lane(being a 60 feet wide right-of-way at this point); THENCE North 01°16'40" West,along the said lot line and the said right-of-way line,a distance of 15.00 feet to the intersection of the said lot line and the said right-of-way line with the north line of the said existing Sanitary Sewer Easement,from which a 5/8 inch iron rod with a cap stamped "LANDES"found at the northwest lot corner of said Lot 2 bears North 01°16'40"West,a distance of 5.00 feet; THENCE departing the said lot line and the said right-of-way line,over and across said Lot 2,and along the said north line of the existing Sanitary Sewer Easement the following courses and distances: j i North 89°06'17" East,a distance of 45.02 feet; South 74°5006" East,a distance of 54.22 feet; i North 89006'17" East,a distance of 260.43 feet; North 0005343" West,a distance of 15.00 feet; North 8900617" East,a distance of 15.00 feet; South 00°5343" East,a distance of 15.00 feet; PAGE I OF 4 SPOONER AND ASSOCIATES,INC,309 BYERS STREET,#100.EULESS,TExAs 76033-PH.817.885.3498-ESPOONEFI@SPOONfiRSURYEYOAS.COM-S&A#1S-020 i North 89°06'17' East, a distance of 390.02 feet to a point on the said east lot line of Lot 2,same being the said west lot line of Lot 1 R2, from which a 518 inch iron rod with a cap stamped"LANDES" found at the northeast lot corner of said Lot 2,same being the northwest lot corner of said Lot IR2 bears North 01604'39"West,a distance of 20.00 feet; THENCE South 01'04`39" East,along the said lot lines,a distance of 15.00 feet to the POINT OF BEGINNING. The hereinabove described tract of contains a computed area of 4.2655 acres(11,695 square feet)of land, more or less. NOTE; The basis of bearings for this survey is the Texas State Plane NAD83 North Central Zone (4202). I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that the same is true and correct. 3 OF f ERIC S. SPOONER .. ....... ........ 2 'P P Eric S.Spooner,RPLS Registered Professional Land Surveyor Texas Registration Number 5922 TBPLS Firm No. 10054900 i i i f -- i PAGE 2 OF 4 SPOONER AND ASSOCIATES,INC.309 BYERS STREET,#100.EULESS.TEXAS 76039-PH.817.665.8448-ESPOONER OSPOONERSURVEYORS.COM-S$A#16-020 l i I !L9 ,�6'LjEE MSE6OoION .- 1 Nm 15 o a add -LPVS-3ANVdNOOA&RA1730-J r, W O O mm t LQ Lm •. o w r • tN I 1 (5wUCi �i40 0 00 atry `V \ Q C`6 ! 66 a zo co ca°n W 1 a 4 I J U. fn LU co uj to 4r aw CO 05 �� I 1N E ; touj a CL Q to W CNs►., Q to :,: >C to z III i3 co z kt< In 4 - tu ao .r„ w � wp W d W ) a C U f U "� 3 U 41 U f F- v�`i d o It Lu I � OLLI� i I� ' � � � � � w �`� I '� w ' mom xLL m � w rLU Lu W Lr w 0 Q LU LL! �u rr 1 }¢y.. C L4L CN � `` U} �+ N p} "W to (-m.0.8.go/m,D9) i Lu CM O `o y: 0.� 1L 64?0 >( LU 0. h W cry(1J p' ..�S.�t carr s ` #�1✓`s '. - • `., et ul y U3 0 Z 4A Z CC CL IWO,.819 .......... . 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