Item 4BItem 4B
M E M O R A N D U M
(March 21, 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve Ordinance No. 1169, 1st Reading, Adopt an ordinance
to abandon a 30-foot road access easement as recorded on
Lot 18, Block B, Triple C Ranch, an addition to the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A,
Page 7971, of the plat records of Tarrant County, Texas, and
also being conveyed to Loren K & Marina Sloane, as recorded
in instrument number D206133648, of the deed records of
Tarrant County, Texas. (If approved, the public hearing will be
held April 4, 2017.)
Action
Requested: Approve Ordinance No. 1169, 1st Reading, Adopt an ordinance to
abandon a 30-foot road access easement as recorded on Lot 18,
Block B, Triple C Ranch, an addition to the City of Southlake,
Tarrant County, Texas, as recorded in Cabinet A, Page 7971, of
the plat records of Tarrant County, Texas, and also being conveyed
to Loren K & Marina Sloane, as recorded in instrument number
D206133648, of the deed records of Tarrant County, Texas. (If
approved, the public hearing will be held April 4, 2017.)
Background
Information: Public Works is recommending that the City abandon a 30-foot
road access easement. The easement was established for access
to a “land-locked” tract with the development of the Triple C Ranch
addition. The access easement grants access to a previously
“land-locked” tract across a single-family residential lot from Bay
Meadows Dr. The “land-locked” tract now has access via Golden
Gate Dr. Both property owners affected by the access easement
are in agreement that the access easement can be abandoned.
The 30-foot road access easement does not serve the City or the
public so the two affected property owners have requested that the
easement be abandoned.
Financial
Considerations: The filing fee for recording the Quitclaim Deed in the deed records
of Tarrant County 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 Ordinance No. 1169 or deny it.
Staff
Recommendation: Approve Ordinance No. 1169, 1st Reading, Adopt an ordinance to
abandon a 30-foot road access easement as recorded on Lot 18,
Block B, Triple C Ranch, an addition to the City of Southlake,
Tarrant County, Texas, as recorded in Cabinet A, Page 7971, of
the plat records of Tarrant County, Texas, and also being conveyed
to Loren K & Marina Sloane, as recorded in instrument number
D206133648, of the deed records of Tarrant County, Texas. (If
approved, the public hearing will be held April 4, 2017.)
Supporting
Documents: Location Map
Request Letters
Triple C Ranch Subdivision Plat
Ordinance No. 1169
Quitclaim Deed
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Steven D. Anderson, P.E., CFM, Deputy City Engineer
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Previously “Land Locked” Tract
Loren and Marina Sloane
1417 Bay Meadows Drive
Southlake, Texas 76092
February 17, 2017
Mr. Ken Baker
City of Southlake, Department of Planning & Development
c/o Mr. Steven Anderson
1400 Main Street, Suite 310
Southlake, TX 76092
Re: Abandonment of access easement through 1417 Bay Meadows Drive
Dear Mr. Baker:
Please accept this letter as my official request to abandon the access easement that runs from Bay
Meadows Drive through the property at 1417 Bay Meadows Drive to the property at 1312 Golden Gate
Drive.
Please contact me if you need any additional information and to inform us when the abandonment is
complete.
Thank you in advance for your help with this matter.
Sincerely,
Loren Sloane
1417 Bay Meadows Drive
Southlake, TX 76092
214-226-0873
Ordinance No. 1169
1
ORDINANCE NO. 1169
AN ORDINANCE VACATING AND ABANDONING A 30-FOOT
ROAD ACCESS EASEMENT PREVIOUSLY GRANTED TO THE
CITY BY SOUTHLAKE TRIPLE C RANCH, L.P., WHICH
EASEMENT IS FILED IN CABINET A, PAGE 7971 AND
RECORDED IN THE DEED RECORDS OF TARRANT COUNTY;
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 November 26, 2002, Southlake Triple C Ranch, L.P.
granted a permanent 30-foot road access easement (“the easement”) to the City, which
easement is filed of record in Cabinet A, Page 7971 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 the easement 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 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 the permanent 30-foot road access easement granted
to the City on or about November 26, 2002, by Southlake Triple C Ranch, L.P., which
easement is filed of record in Cabinet A, Page 7971 and recorded in the Deed Records of
Tarrant County, Texas, and which is described in the attached Exhibit A and shown on the
attached Exhibit B, 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 a
portion of the easement.
Ordinance No. 1169
2
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, Loren K & Marina Sloane.
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, s ince 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 21ST DAY OF
MARCH, 2017.
________________________________________
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
________________________________
CITY SECRETARY
Ordinance No. 1169
3
PASSED AND APPROVED ON SECOND READING ON THIS 4TH DAY OF
APRIL, 2017.
________________________________________
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
________________________________
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
____________________________________
CITY ATTORNEY
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 DRIVER'S LICENSE NUMBER.
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 an existing permanent 30-foot road access
easement granted to the City by Southlake Triple C Ranch, L.P., filed with the County Clerk of
Tarrant County, Texas as filed in Cabinet A, Page 7971, and recorded in the deed records of
Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general, and
therefore 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 assign and convey and forever quitclaim unto the current owner
of the fee estate on which such easement is located, specifically, Loren K & Marina Sloane,
Grantee, and its successors or assigns, all of the City’s right title, and interest, if any, in and to
the real property described in the attached Exhibit A and shown on the attached Exhibit B.
In accordance with governing law, the undersigned has been authorized to execute this
conveyance by Ordinance No. 1169, 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.
This deed shall convey any right, title and interest, if any, owned by Grantor in and to the
above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall
have and hold such property conveyed, if any, forever, and so that neither Grantor nor Grantor’s
successors or assigns shall have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof.
Executed this the _______ day of ___________________, 2017.
CITY OF SOUTHLAKE, Grantor
By: ____________________________________
The Honorable Laura Hill, Mayor
ATTEST:
_____________________________________
Lori Payne, City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
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
_____________, 2017.
___________________________________
Notary Public in and for the State of Texas
My Commission expires: ______________
After filing please return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092