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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 Lo c a t i o n M a p Gr a n i t e S i t e SH 1 1 4 N So u t h l a k e T o w n S q u a r e N . C a r r o l l A v e . 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