The URL can be used to link to this page

Item 4C MemoCITY UOF SC TH LAKE MEMORANDUM (November 1, 2016) To: Shana Yelverton, City Manager From: Rob Cohen, Public Works Director Item 4C Subject: Ordinance No. 1166, 1st Reading, Adopt ordinance to abandon a permanent water easement as recorded in Cabinet A, Slide 11914 of the Plat Records of Tarrant County, Texas, situated in the Harrison Decker Survey, Abstract No. 438 and being part of Lot 1, Block 2, of Mustang Business Park, an addition to the City of Southlake. (If approved, Public Hearing will be on November 15, 2016.) Action Requested: Ordinance No. 1166, 1st Reading, Adopt ordinance to abandon a permanent water easement as recorded in Cabinet A, Slide 11914 of the Plat Records of Tarrant County, Texas, situated in the Harrison Decker Survey, Abstract No. 438 and being part of Lot 1, Block 2, of Mustang Business Park, an addition to the City of Southlake. (If approved, Public Hearing will be on November 15, 2016.) Background Information: Public Works is recommending that the City abandon a permanent waterline easement. The permanent waterline easement to be abandoned is recorded in Cabinet A, Slide 11914 of the Plat Records of Tarrant County. The easement was established for a water line to serve the Mustang Business Park development. The easement was granted to the City in 2007 by plat. The easement needs to be abandoned because the water line main will be constructed on the north side of Southwestern Street and not within Lot 1, Block 2 of the Mustang Business Park addition. The Public Works Department recently completed a study which determined that the best location for the water line is along the north side of Mustang Drive. Therefore this easement must be abandoned as to not encumber the property with an unused permanent water easement. If this item is approved, the public hearing will be on 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 easement. 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: The ordinance has been reviewed by the City Attorney's office. Alternatives: The City Council may approve, amend, or deny Ordinance No. 1166. Staff Recommendation: Ordinance No. 1166, 1st Reading, Adopt ordinance to abandon a permanent water easement as recorded in Cabinet A, Slide 11914 of the Plat Records of Tarrant County, Texas, situated in the Harrison Decker Survey, Abstract No. 438 and being part of Lot 1, Block 2, of Mustang Business Park, an addition to the City of Southlake. (If approved, Public Hearing will be on November 15, 2016.) Supporting Documents: Location Map Recorded Plat Ordinance No. 1166 Quitclaim Deed Staff Contact: Rob Cohen, Public Works Director Kyle D. Hogue, P.E., Public Works Deputy Director/City Engineer Alejandra Ayala, P.E., Civil Engineer 7705 A A:1445; T ..r D Em.,,v, 2 ARTIST r MIL HIM liZtimmitimsguani MUM= J 1 rQ� W w 1 MEP INIMItzmiganig mnomma NowatigHi w r 's s Y P Y }^r qsV r Y 8 5. vv^ S A Sit 0,$ x a $ tin • 3 .17 'ap r• . q $-. 1 d Aa 0 e. D x ryM 7 54P faq 21 %CACMT.AE.C'.S'o to nnG nn `, \ V� Tf @ i Y R 4 3�lil 40141 2.7 2 8 nes €ys 3¢ c�aiX .iih ;A 3 0 CIGyGyCCs 5gg- d • am£ R Si ; - $ E� A� 0• °�a .a ...x AO i' A1 i Aii d3 -aye : rog.pxg i Ss 1 s 31 0 .A1 gl 4 RS A 1 4 s ¢ a w p 5 any _°° .as F ;•S Sas °R3 *11 i �S 14 l' ts.1 88 of sx } i? '.11 Al 8 i tpi :,1 L agag$A gc, !II XV dZfli " $ it € $t SR ilr7 3 - A fir} 3 g p� �-a �. 4j �4A s �'A�? 6,•}s y.. 71 g2 if S 5 f ..e- �' rZA � AF 1 a A A aF i A. Al a 4 z a gad g51 A sA 8 : A_ 4 _ Ii 1.1a" lil 1.."'! A :0 1E4 9$ 8' ssf lit $ ill 3 1 s=8 $a [EU, zs 0311 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 water easement granted to the City by Joe L. Wright, filed with the County Clerk of Tarrant County, Texas in Cabinet A, Slide 11914 and recorded in the plat 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, PS LPT Properties Investors, 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 and Graphic Depiction In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1166, passed by the City Council of the City of Southlake on , a copy of which ordinance is attached hereto as Exhibit B and incorporated herein by reference. Page 1 of 3 QUITCLAIM 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 , 2016. CITY OF SOUTHLAKE, Grantor By: ATTEST: The Honorable Laura Hill, Mayor Lori Payne, City Secretary Page 2 of 3 QUITCLAIM 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) AFTER FILING, 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 Notary's Commission Expires Page 3 of 3 QUITCLAIM DEED LEGAL DESCRIPTION 0.113 ACRES BEING a tract of land situated in the Harrison Decker Survey, Abstract No.438, City of Southlake, Tarrant County, Texas, being part of a waterline easement shown on the plat of Lot 1, Block 2, Mustang Business Park an addition to the City of Southlake, Texas, according to the plat thereof recorded in Cabinet A, Slide 11914, Plat Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 -inch iron rod with plastic cap stamped "KHA" found in the south right-of-way line of Southwestern Street (60 -foot right-of-way), a northeast corner of Tract 1, Brumlow Industrial District, and addition to the city of Southlake, Texas, according to the plat thereof recorded in Volume 388-127, Page 89 of said Plat Records; THENCE with said south right-of-way line of Southwestern Street, North 53°37'56" East, a distance of 49.70 feet to the POINT OF BEGINNING; THENCE continuing with said south right-of-way line of Southwestern Street, North 53°37'56" East, a distance of 10.00 feet to a point for the northwest corner of said waterline easement; THENCE departing said south right-of-way line of Southwestern Street and with the west and north lines of said waterline easement, the following courses and distances to wit: South 36°22'04" East, a distance of 20.00 feet to a point for corner; North 53°37'56" East, a distance of 416.74 feet to a point at the beginning of a tangent curve to the left having a central angle of 1°47'45", a radius of 550.00 feet, a chord bearing and distance of North 52°44'03" East, 17.24 feet; In a northeasterly direction, with said curve to the left, an arc distance of 17.24 feet to a point for corner; North 36°22'04" West, a distance of 20.01 feet to a point for corner in said south right-of-way line of Southwestern Street, and being the beginning of a non -tangent curve to the left having a central angle of 1'04'55", a radius of 530.00 feet, a chord bearing and distance of North 51°13'39" East, 10.01 feet; THENCE with said south right-of-way line of Southwestern Street, in a northeasterly direction, with said curve to the left, an arc distance of 10.01 feet to a point for corner; THENCE departing said south right-of-way line of Southwestern Street and with the east and south lines of said waterline easement, the following courses and distances to wit: South 36°22'04" East, a distance of 30.04 feet to a point at the beginning of a non -tangent curve to the right having a central angle of 2°47'16", a radius of 560.00 feet, a chord bearing and distance of South 52°14'18" West, 27.25 feet; In a southwesterly direction, with said curve to the right, an arc distance of 27.25 feet to a point for corner; South 53°37'56" West, a distance of 426.74 feet to a point for corner; North 36°22'04" West, a distance of 30.00 feet to the POINT OF BEGINNING and containing 4,940 square feet or 0.113 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimley-horn.com WATER EASEMENT ABANDONMENT LOT 1, BLOCK 2 MUSTANG BUSINESS PARK HARRISON DECKER SURVEY, ABSTRACT NO. 438 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Kimlev» Horn 801 Cherry Street, Unit 11, # 950 ! Tel. No. (817) 335-6511 Fart Worth, Texas 76102 FIRM # 10194040 www_kimley-h°m.com Scale Drawn by NIA JBH Checked by Dale Project No. Sheet No. DAD OCT.2016 HOPPER, BRAD IN 10/5/2016 9:55 AM K:1DAL_SURVEY1069319601-P • $ UTHLAKEIDWG1069319601-PS SOUTH LAKE_ WATER ESMT ABMT,DWG 069319601 1 OF 3 Z.O.B. N53°37'56"E 49.70' P.O.C. IRFC MATCH LINE (SEE SHEET 3) \N's N<N‘ ,c)sc' \SC le L1 S89°51'24"E 14.58' TRACT 1 BRUMLOW 1 INDUSTRIAL DISTRICT VOLUME 388-127, PAGE 89 D.R.T.C.T. Lu 1H z Fr, U Y r U • p26 I co c/) • 0¢ c0Z¢ () a J • 5 ` m I 0 30 60 GRAPHIC SCALE IN FEET LOT1, BLOCK2 MUSTANG BUSINESS PARK CAB. A, SLD. 11914 10' WATER EASEMENT P.R.T.C.T CAB. A, SLD. 11914 P.R.T.C.T. 30' BUILDING SET BACK LINE CAB. A., SLD. 11914 P.R.T.C.T. 10' WATER EASEMENT ABANDONMENT 0.113 ACRES 4,940 SQ. FT. CURVE TABLE NO. DELTA 1 RADIUS LENGTH CHORD BEARING CHORD C1 1'47'45" 550.00' 17.24' N52°44'03"E 17.24' C2 1°04'55" 530.00' 10.01' N51 °13'39"E 10.01' C3 2°47'16" 560.00' 27.25' 552°14'18"W 27.25' LEGEND A = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = 5/8" IRON ROD W/ "KHA" CAP FOUND IRF = IRON ROD FOUND D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS LINE TABLE NO. BEARING LENGTH L1 N53°37'56"E 10.00' L2 S36°22'04"E 20.00' L3 N36°22'04'W 20,01' L4 S36°22'04"E 30.04' L5 N36"22'04"W 30.00' 1 NOTES: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. WATER EASEMENT ABANDONMENT LOT 1, BLOCK 2 MUSTANG BUSINESS PARK HARRISON DECKER SURVEY, ABSTRACT NO. 438 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS KimIey» Horn 801 Cherry Street, Unit 1 , 6 950 Tel. No. (817) 3356511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom com Scale Drawn by Checked by Dale 1"= 60' JBH DAB OCT. 2016 Project No, Sheet No. 069319601 2 OF 3 HOPPER, BRADiN 1014/2016 2:37 PM K:1DAL SURUEY1069319601-PS SOUTHLAKE\DWG5069319601-PS SOUTHLAKE WATER ESMTABMT.DWG JOE L. WRIGHT VOL. 8060, PG. 27 D.R.T.C.T. CONOCO INC., VOLUME 15338, PAGE 339 D.R.T.C.T MAGELLAN PIPELINE TERMINALS DOC. NO. D208423234 D.R.T.C.T. .4<<' .\ 30' BUILDING SET BACK LINE CAB. A., SLD. 11914 • P.R.T.C.T. 10' WATER 30' PIPELINE EASEMENT G EASEMENT VOL. 9205, PG. 1030 CAB. A, SLD, 11914 D.R.T.C.T. P.R.T,C,T. 10' WATER EASEMENT (1/ NIA ABANDONMENT 30' PIPELINE EASEMENT 0.113 ACRES VOL. 13739, PG, 506 4,940 SQ. FT. D.R.T.C.T. IRFC 10' X 40' SIGHT EASEMENT CAB. A, SLD. 11914 P.R.T.C.T. )• MATCH LINE (SEE SHEET 2) NOTES: 7 LOT 1 BLOCK 2 / �(--\>� S��Q\ :NN a CAB. A, SLD. 11914 % �C4G S\o. e " P.R.T.C.T / &\�P . 4�..�. • . / N G MUSTANG BUSINESS PARK Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. LEGEND = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = 5/8" IRON ROD W/ "KHA" CAP FOUND IRF = IRON ROD FOUND D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS 0 30 60 GRAPHIC SCALE IN FEET 112" IRF IRFC 10' X 40' SIGHT EASEMENT CAB. A, SLD. 11914 P.R.T.C.T. \> Q ,c) <,;°''si°>° WATER EASEMENT ABANDONMENT LOT 1, BLOCK 2 MUSTANG BUSINESS PARK HARRISON DECKER SURVEY, ABSTRACT NO. 438 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS KimIev» Horn 801 Cherry Street, Unit 11,8950 ■ Fort Worth, Texas 76102 FIRM it 10194040 Tel. No. (817) 335-6511 ww,v.kimley-hom.com Scale Drawn by Checked by Date = J8H DAB OCT. 2016 Project No Sheet No. 069319601 3 OF 3 HOPPER. SRADIN 10/4/2016 2:37 PM K:SDAL SURVEY5069319601-PS SOUTH LAKEIDWG1069319601-PS SOUTHLAKE WATER ESMT ABMT.DWG Ordinance No.1166 ORDINANCE NO. 1166 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PERMANENT WATER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY JOE L. WRIGHT, WHICH EASEMENT IS FILED IN CABINET A, SLIDE 11914 AND RECORDED IN THE PLAT 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 May 7, 2007, Joe L. Wright granted a 10 -foot permanent water easement ("the easement") to the City, which easement is filed of record as plat and recorded in Cabinet A, Slide 11914, and recorded in 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 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 May 7, 2007 by Joe L. Wright, which easement is filed of record in Cabinet A, Slide 11914, and recorded in 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 and abandon of the easement. EXHIBIT B 1 Ordinance No.1166 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, PS LPT Properties Investors. 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 NOVEMBER 2016. THE HONORABLE LAURA HILL, MAYOR ATTEST: CITY SECRETARY EXHIBIT B 2 Ordinance No.1166 PASSED AND APPROVED ON SECOND READING ON THIS 15 TH DAY OF NOVEMBER 2016. THE HONORABLE LAURA HILL, MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EXHIBIT B 3