Item 4BItem 4B
M E M O R A N D U M
(November 1, 2016)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Ordinance No. 1153, 1st Reading, to adopt an ordinance to
abandon permanent right of way in Southlake Town Square
Action
Requested: Approve Ordinance No. 1153, 1st Reading, to Adopt ordinance to
abandon permanent right of way as recorded on Lot 1, Block 17,
Southlake Town Square Phase IV, recorded in Cabinet A, Slides
10949-10952, Plat Records, Tarrant County, Texas situ ated in the
Richard Eads Survey, Abstract No. 481. (If approved, the public
hearing will be held November 15, 2016.)
Background
Information: Cooper and Stebbins, the developer of Southlake Town Square
has requested the abandonment of existing permanent right of way
that is no longer necessary. The permanent right of way to be
abandoned is for a portion of Reserve Street. Reserve Street is
being realigned with the construction of the Granite Building in
Town Square. The appropriate right of way for the re-alignment will
be dedicated with the platting of the development.
The Concept/Development Plan and Site Plan for the Granite
Building and this block of Southlake Town Square were approved
by City Council on the June 16, 2015 agenda.
If approved, the public hearing will be held November 15, 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 right of way.
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: Standard forms have been reviewed by the City Attorney.
Alternatives: The City Council may approve Ordinance No. 1153 or deny it.
Staff
Recommendation: Staff recommends approval of Ordinance No. 1153, 1st Reading,
to Adopt ordinance to abandon permanent right of way as recorded
on Lot 1, Block 17, Southlake Town Square Phase IV, recorded in
Cabinet A, Slides 10949-10952, Plat Records, Tarrant County,
Texas situated in the Richard Eads Survey, Abstract No. 481.
Supporting
Documents: Location Map
Ordinance No. 1153
Quitclaim Deed
Staff
Contact: Robert Cohen, Public Works Director
Kyle D. Hogue, P.E., Public Works Deputy Director/City Engineer
Steven D. Anderson, P.E., CFM, Deputy City Engineer
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CITY OF SOUTHLAKE ORDINANCE NO. 1153
AN ORDINANCE VACATING AND ABANDONING CERTAIN
DESCRIBED STREET RIGHT-OF-WAY PREVIOUSLY DEDICATED
TO THE CITY BY TOWN SQUARE VENTURES, L.P. THROUGH
PLAT FILED AS INSTRUMENT NO. ____________________ AND
RECORDED IN THE REAL PROPERTY RECORDS OF TARRANT
COUNTY AT CABINET A, PAGES 10949-10953; DECLARING THAT
SUCH RIGHT-OF-WAY IS UNNECESSARY FOR USE BY THE
PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM
DEED RELEASING AND ASSIGNING THE REAL PROPERTY 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 March 23, 2006, Town Square Ventures, L.P.
dedicated an area as street right-of-way, specifically, the portion of Reserve Street
described in the legal description attached to this Ordinance as Exhibit A and
depicted in the survey attached to this Ordinance as Exhibit B (“the right-of-way to
be abandoned”), to the City through a plat filed of record as Instrument No.
___________________ and recorded at Cabinet A, Pages 10949-10953 of 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 the right-of-way to be abandoned 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 right-of-way to be abandoned, the City desires to execute a
quitclaim deed releasing and assigning all title and control in the right-of-way to
be abandoned to the owners of the fee estate on which the right-of-way to be
abandoned 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 street right-of-way described in the legal
description attached to this Ordinance as Exhibit A and depicted in the survey
attached to this Ordinance as Exhibit B (“the right-of-way to be abandoned”), which
is a portion of the right-of-way dedicated to the City as Reserve Street through a
plat filed of record as Instrument No. ___________________ and recorded at
Cabinet A, Pages 10949-10953 of The Deed Records Of Tarrant County, Texas, 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
right-of-way to be abandoned.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and
empowered to execute a quitclaim deed to the right-of-way to be abandoned,
which deed is attached to this Ordinance as Exhibit C, to the current owner of the
fee estate on which the easement is located, specifically, Town Square
Ventures, LP.
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 AP PROVED ON FIRST READING ON THIS _____ DAY
OF _______________________, 2016.
_______________________________________
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
______________________________
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ____ DAY
OF __________________ , 2016.
_______________________________________
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
________________________________
CITY SECRETARY
EFFECTIVE: _____________________
APPROVED AS TO FORM AND LEGALITY:
________________________________
CITY ATTORNEY
W:\Southlake\Ordinances\Abandonment Ordinance for Reserve Street..tgs.3 10 16.final .docx
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 the portion of the right of way
described in the legal description attached to this Deed as Exhibit A and depicted in the
survey attached to this Deed as Exhibit B, which was dedicated to the City of Southlake
and recorded in Cabinet A, Pages 10949-10953 of the Real Property Records of Tarrant
County, 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 aban donment.
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 SLTS Grand Avenue L.P. and its successors and assigns, all of
Grantor’s right, title, and interest, if any, in and to the following described real property
situated in Tarrant County, Texas, to wit:
The property described in the legal description attached to this Deed as
Exhibit A and depicted in the survey attached to this Deed as Exhibit B,
such property also being a portion of the right-of-way dedicated to the City
as Reserve Street through a plat filed of record as Instrument No.
___________________ and recorded at Cabinet A, Pages 10949-10953
of The Deed Records Of Tarrant County, Texas.
Grantor conveys all of its right, title and interest, if any, in and to the above
described real property unto the said Grantee, its heirs and assigns forever, so that
neither Grantor nor its successors or assigns shall have, claim of demand any right or
title to the aforesaid property.
Executed this the _______ day of ___________________, 2016.
CITY OF SOUTHLAKE
By:
_____________________________________
The Honorable Laura Hill, Mayor
Attest:
______________________________________
City Secretary
ACKNOWLEDGMENT
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 _____________, 2016.
_____________________________________
Notary Public in and for the State of Texas
My Commission expires: _________________
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
W:\Southlake\Deeds\Quitclaim Deed for Reserve Street.tgs.3.10.16.doc