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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 Lo c a t i o n M a p Tr i p l e C R a n c h Es t a b l i s h e d A c c e s s To G o l d e n G a t e D r . Do v e R o a d 30 - f o o t R o a d A c c e s s E a s e m e n t 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