Item 6A CITY OF
SOUTHLAKE Item 6A
MEMORANDUM
(August 1 , 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve Ordinance No. 1177, 2nd Reading, Adopt ordinance to
abandon a 322 square foot lift station parcel as recorded in
instrument number D209089709 of the deed records of Tarrant
County, Texas, being a portion of Lot 7, Block 1, Twin Creek
Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-150, Page
74 of the Plat Records of Tarrant County, Texas.
Action
Requested: Approve Ordinance No. 1177, 2nd Reading, Adopt ordinance to
abandon a 322 square foot lift station parcel as recorded in
instrument number D209089709 of the deed records of Tarrant
County, Texas, being a portion of Lot 7, Block 1 , Twin Creek
Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-150, Page 74
of the Plat Records of Tarrant County, Texas.
Background
Information: In 2009 the City acquired a lift station parcel from a property
located at 1655 Creekside Drive for a project known as the
Neighborhood Sewer Project (NSP) to serve Heatherwood Estates,
Royal Oaks Addition, Twin Creek Addition. The engineering design
called for a lift station to be constructed at this location. The City
purchased 322 square feet of land from the property owner, Mr.
and Mrs. Davis, for $2,000. Shortly after construction began, the
project was halted due to residential opposition.
City staff researched multiple options and presented those options
to the residents in February 2010. These options were then
presented to City Council as a work session item at the April 6,
2010 Council meeting. One option was to relocate and construct
the lift station when Torian Place developed. This option was
ultimately approved, leaving the Twin Creek Addition residents
without City sewer.
When the Torian Place development became a reality in 2013, the
construction of the lift station required a connection to the Twin
Item 6A
Creeks Addition to provide these residents access to City sewer. In
order to make this connection a sanitary sewer easement was also
acquired from the Davis's at 1655 Creekside Drive. The 4,253 sq.
ft. permanent sanitary sewer and temporary construction
easements were acquired in 2017 for $13,400.
The Davis's have been very accommodating, cooperative and
patient throughout both the NSP and the Torian Place Lift Station
projects, even when a 12-inch diameter post oak was inadvertently
removed from their property.
Staff considered requesting the Davis reimburse the City for the
$2,000 paid for the parcel. However, Staff estimated the costs
associated with recovering the $2,000 coupled with tree mitigation
would exceed the original price paid by $200. These costs are as
follows..
City Payment to residents $2,000
Tree mitigation cost (for similar size) - $1,200
Resources expended for reimbursement - $1,000
Total - $ 200
Approved 1St reading June 20, 2017.
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 parcel abandonment links to the City's strategy map relative to
the Corporate Focus Area of Quality Development by returning the
lot to conforming status. The specific corporate objective that is
met by this project is to (C6) Enhance the sense of community by
providing excellent customer service and citizen engagement
opportunities.
Citizen Input/
Board Review: N/A
Legal Review: This is a standard abandonment that has previously been reviewed
by the City Attorney.
Alternatives: The City Council may approve Ordinance No. 1177 or deny it.
Supporting
Documents: Location Map
Request Letter
Lift Station Parcel Documents
Page 2 of 3
Item 6A
Ordinance No. 1177
Quitclaim Deed
Staff
Recommendation: Approve Ordinance No. 1177, 2nd Reading, Adopt ordinance to
abandon a 322 square foot lift station parcel as recorded in
instrument number D209089709 of the deed records of Tarrant
County, Texas, being a portion of Lot 7, Block 1 , Twin Creek
Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-150, Page 74
of the Plat Records of Tarrant County, Texas.
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
Page 3 of 3
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6/12/2017 Ci.southlake.tx.us Mail-Torian place lift station project
15SOUTHLAKE Steven Anderson <sanderson@ci.southlake.tx.us>
Torian place lift station project
Rick Davis <davisrp7@yahoo.com> Thu, Sep 29, 2016 at 11:15 AM
Reply-To: Rick Davis <davisrp7@yahoo.com>
To: Steven Anderson <sanderson@ci.southlake.tx.us>
Cc: Rick Davis <davisrp7@yahoo.com>, Dawn Davis <davisdl7@yahoo.com>
Mr. Anderson,
In 2009 1 dedicated 322 sq. feet of right of way to the city of Southlake for a lift station to be
located on Creekside Dr.. More recently I dedicated a 20 foot sanitary sewer easement, 1,050 sq.
feet, to accommodate the sewer lines necessary to serve the Creekside developments sewer
needs now that the lift station has been located to Torian place. With the relocation of the lift
station to Torian place there is no need for the city to keep the additional right a way on Creekside
Dr. My request is for the city to relinquish the right a way along Creekside Dr. that you dedicated
in 2009 back to me to make my lot whole again.
have been a 23 year resident in Southlake and have always been cooperative with the city. Your
favorable response to this request will be appreciated.
Regards,
Richard P. Davis
1655 Creekside Dr.
Southlake, Tx. 76092
https://m ai I.googl e.com/m ai I/u/0/?ui=2&i k=a957a9e34b&view=pt&m sg=15776bfa2803405f&q=davisrp7%40yahoo.com&qs=true&search=query&s i m l=15776bfa... 1/1
CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT
0.007 acres or 322 square feet within Lot 7,Block 1,Twin Creeks Addition
STATE OF TEXAS §
COUNTY OF TARRANT§
For and in consideration of the sum of ten dollars($10 00) in hand paid by the City of Southlake,Texas,
the receipt of which is hereby acknowledged, and other good and valuable consideration, including the
benefits that will accrue to my property, I (we), Richard Paul Davis and Dawn Lawrence Davis
('GRANTOR'(S)), of Tarrant County, Texas, as the owner of that certain tract of land in Tarrant County,
Texas depicted by metes and bounds description in Exhibit"A", attached hereto and incorporated herein
for all purposes of this dedication, and as more particularly described by drawing as set forth in Exhibit
"B", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate same
to the City of Southlake, Tarrant County,Texas for the use and benefit of the public as a perpetual right-
of-way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the
construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road
within the boundaries of the right-of-way and easement area,and for all other purposes for which a public
street and right-of-way is commonly used, including installing,repairing,maintaining,altering,replacing,
relocating and operating utilities in, into, upon, over, across, and under said right-of-way, and including
but not limited to all such uses permitted by the Laws of the State of Texas and the Ordinances and
Charter of the City of Southlake,Texas.
TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors
and assigns, and GRANTOR(S) hereby bind(s) itself(themselves), its (their) successors and assigns to
warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and
assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof.
GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors
and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in,
into, upon, over, across or under any easements granted herein any temporary or permanent structures,
and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said
permanent easement, any fences, buildings or other obstructions as may now be found upon said
permanent easement.
It is further intended that the permanent right of way and easement herein granted to the City of
Southlake shall run with the land and forever be a right in and to the land belonging to GRANTOR, and
GRANTOR"S successors and assigns,and said grant is expressly excepted from any right of reversion of
said premises under any prior deeds in GRANTOR'S chain of title. The permanent right—of-way and
easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not
convey any other easement or conflicting rights within the area covered by the grant to any other person.
Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all
of Grantor's interest in the oil, gas, and other minerals in and under and that may be produced from the
Page 1 of 4
620 MV p. l 7
Property (collectively, the "Oil and Gas"); provided, however, not included within the definition of Oil
and Gas are minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or
limestone. Grantor waives and relinquishes any use of the surface of the Property for any reason,
including without limitation, the right to enter upon the Property,the exploration and/or removal of such
minerals, oil or gas, and the right to place or maintain any structures, improvements, equipment or
pipelines in, on, under or across the Property or to install any fixtures or facilities on the surface of the
Property. Notwithstanding the foregoing, such surface use waiver does not prohibit subterranean
underground directional drilling activities under the Property that begin upon and are conducted from the
surface of real property other than the Property, provided that such drilling activities at all times are
sufficiently below the surface of the Property as to not interfere with or disturb in any manner the present
or future use to which Grantee or Grantee's successors and assigns may desire to devote the Property;
provided, however, in no event shall the directional drilling or sub-surface activities be at depths less
than five hundred (500) feet below the overlying surface of the Property Grantor, and Grantor's
successors and assigns, shall be responsible for any damages to the Property and any improvements from
time to time located on the Property caused by Grantor's reservation of such minerals.
INWIT ESS WHEREOF, this dedication instrument is executed this day of
M(W ,2009.
i
BY:
Richard Paul Davis(G TOR)
BY:
Dawn Lawren Davis(GRANTOR)
V P. 7
Page 2 of 4
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARRANT
BEFORE ME, the undersigned authority in and for g Qifr/t .County, Texas, on this day personally
appeared Maf hAP.5. kelo S ha" known to me or proved to me through
(description of identity card or other document) to be the same
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 y� day ofAArUV ,2009.
NOTARY SEAL (�
Notary Public, State of Texas
_ ... L.•ya� S�41�s2
Notary's Name Printed
.`'��."•r.d.% ANDA SA
rY (Printed)
Notary Public,State of Texas
,• My Commission Expires
November 12,2012
Notary's Commission Expires
162ogD897Cq P. 3 7
Page 3 of 4
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument the day
►'n
of I 6L OC4V , 2009, from Richard Paul Davis and Dawn Lawrence Davis to the CITY OF
SOUTHLAKE,has been duly accepted subject to all terms and conditions contained therein, and the City
Council has consented to recordation of such dedication instrument by its duly authorized officer.
3-30-07
Date
SEAL Mayor,CITY OF SOUTHLAKE
e�.2: .66 fFpd8.
ATTE
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AFTER EXECUTION BY GRANTOR,
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Crnstma McMurray
1400 Main Street,Suite 320
Southlake,TX 76092
Phone: 817-748-8098
Fax: 817-748-8077
AFTER RECORDING,PLEASE RETURN
ORIGINAL TO:
CITY OF SOUTHLAKE
C/o City Secretary
1400 Main Street,Suite 270
Southlake,TX 76092
Phone: 817-748-8016
12O V7N p- 4� 7
Page 4 of 4
EXHIBIT "A"
322 SQUARE FOOT
LIFT STATION PARCEL
BEING a portion of Lot 7,Block 1,TWIN CREEKS ADDITION,an addition to the City
of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-150,
Page 74 of the Plat Records of Tarrant County,Texas,conveyed by deed to Richard Paul
Davis and Dawn Lawrence Davis in Volume 11259,Page 1555,Deed Records,Tarrant
County,Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at an iron rod found in the east line of Creekside Drive,said point
being the northwest comer of said Lot 7,and the southwest corner of Lot 8,Block 1,of
said TWIN CREEKS ADDITION;
THENCE South 01 degrees 17 minutes 00 seconds East,along said east line,a distance
of 23.73 feet to a 5/8 inch iron rod,capped 5894,for the POINT OF BEGINNING;
THENCE North 88 degrees 30 minutes 24 seconds East,departing said east line,a
distance of 8.45 feet to a 5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 01 degrees 21 minutes 06 seconds East,a distance of 38.00 feet to a
5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 88 degrees 30 minutes 24 seconds West,a distance of 8.50 feet to a
5/8 inch iron rod,capped 5894,for parcel comer in the east line of Creekside Drive;
THENCE North 01 degrees 17 minutes 00 seconds West,along the east line of
Creekside Drive,a distance of 38.00 feet to the POINT OF BEGINNING and
containing 0.007 acres or 322 square feet of land.
P•\SOUTHLAKE\1782\SURVEY\Esmt-ROW\1655 Creekside-Lift Station.doe
Ib Wq0 N?oq p. 5 7
EXHIBIT "B"
322 SQUARE FOOT LIFT STATION PARCEL
10' WIDE TEMPORARY CONSTRUCTION EASEMENT
1657 CREEKS/OE OR/YE
L OT 8,BL OCA- 1
TWIN CREEKS 400/;r/ON
p„ ( 11OL UME j88-150, ,-40E Af, PRTCT
I
0
P.O.C.
IRF __ —
W
p o N880 30' 24"E
NN 8 . 45'
I S01021 ' 06"E
I 38. 00'
P.O.B.
10.0' TEMPORARY
CONSTRUCTION EASEMENT
N 01 ° 1 7 ' 0 0"W I 1655 CREEKS/OE OR/liE
38- 00 R/CHARD PAUL OA 015 &
I DAWN LAWRENCE OA 015
J IVOL V,V,- 11259, PAGE 1555 ORTCT
'I LOT 7, BLOCK 1
TWIN CREEKS A00/T/ON
jj�
MOLUME .388-150, PAGE 74 PRTCT
S88030' 24"W
miz 8 . 50'
zI
Q
0 F SURVEYOR'S CERTIFICATION
S TEq T�f
I,Philip B.Wolters,a Registered Professional Land Surveyor
of the State of Texas,certify that the calculations,graphic
PHILIPB..WOLTERS depiction and legal descriptions of this survey were o 10 20
..%..................... properly prepared under my personal supervision from an
�0 5894 lmzl�
�-9o'c0
SURNIN FEET )
Registered ProfessidAnal Land Surveyor No.5894 1 inch - 20 ft.
AMMGTON SURVATMG do MAPPING
meas A n 1 eloea 1W
�tueratoee.=1111111 zeooa
(BIT)as-Dave Iwo(si»885-same
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CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
1400 MAIN ST, STE 270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD,
Filed For Registration: 04/03/2009 03:10 PM
Instrument#: D209089709
OPR 7 PGS $36.00
By:
D209089709
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Printed by: DS
CITY OF SOUTHLAKE ORDINANCE NO. 1177
AN ORDINANCE VACATING AND ABANDONING A CERTAIN
DESCRIBED 322 SQUARE FOOT LIFT STATION PARCEL
PREVIOUSLY DEDICATED TO THE CITY BY RICHARD PAUL
DAVIS AND DAWN LAWRENCE DAVIS THROUGH AN
INSTRUMENT RECORDED IN THE REAL PROPERTY RECORDS
OF TARRANT COUNTY AS INSTRUMENT D209089709;
DECLARING THAT SUCH LIFT STATION PARCEL 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 16, 2009, Richard Paul Davis and Dawn
Lawrence Davis dedicated an area as a lift station parcel, specifically, the portion
of Lot 7, Block 1, Twin Creeks Addition, 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 lift station parcel to be abandoned"), to the City
through an instrument recorded in Document Number D209089709 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 lift station parcel 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 lift station parcel
to be abandoned to the owners of the fee estate on which the lift station parcel 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 lift station parcel 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 lift station parcel to be abandoned"),
to the City through an instrument recorded in Document Number D209089709 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 E, to the current owner of the
fee estate on which the easement is located, specifically, Richard Paul Davis
and Dawn Lawrence Davis
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 20TH DAY OF
JUNE, 2017.
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
CITY SECRETARY
EXHIBIT "A"
322 SQUARE FOOT
LIFT STATION PARCEL
BEING a portion of Lot 7,Block 1,TWIN CREEKS ADDITION,an addition to the City
of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-150,
Page 74 of the Plat Records of Tarrant County,Texas,conveyed by deed to Richard Paul
Davis and Dawn Lawrence Davis in Volume 11259,Page 1555,Deed Records,Tarrant
County,Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at an iron rod found in the east line of Creekside Drive,said point
being the northwest comer of said Lot 7,and the southwest corner of Lot 8,Block 1,of
said TWIN CREEKS ADDITION;
THENCE South 01 degrees 17 minutes 00 seconds East,along said east line,a distance
of 23.73 feet to a 5/8 inch iron rod,capped 5894,for the POINT OF BEGINNING;
THENCE North 88 degrees 30 minutes 24 seconds East,departing said east line,a
distance of 8.45 feet to a 5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 01 degrees 21 minutes 06 seconds East,a distance of 38.00 feet to a
5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 88 degrees 30 minutes 24 seconds West,a distance of 8.50 feet to a
5/8 inch iron rod,capped 5894,for parcel comer in the east line of Creekside Drive;
THENCE North 01 degrees 17 minutes 00 seconds West,along the east line of
Creekside Drive,a distance of 38.00 feet to the POINT OF BEGINNING and
containing 0.007 acres or 322 square feet of land.
P•\SOUTHLAKE\1782\SURVEY\Esmt-ROW\1655 Creekside-Lift Station.doe
Ib Wq0 N?oq p. 5 7
EXHIBIT "B"
322 SQUARE FOOT LIFT STATION PARCEL
10' WIDE TEMPORARY CONSTRUCTION EASEMENT
1657 CREEKS/OE OR/YE
L OT 8,BL OCA- 1
TWIN CREEKS 400/;r/ON
p„ ( 11OL UME j88-150, ,-40E Af, PRTCT
I
0
P.O.C.
IRF __ —
W
p o N880 30' 24"E
NN 8 . 45'
I S01021 ' 06"E
I 38. 00'
P.O.B.
10.0' TEMPORARY
CONSTRUCTION EASEMENT
N 01 ° 1 7 ' 0 0"W I 1655 CREEKS/OE OR/liE
38- 00 R/CHARD PAUL OA 015 &
I DAWN LAWRENCE OA 015
J IVOL V,V,- 11259, PAGE 1555 ORTCT
'I LOT 7, BLOCK 1
TWIN CREEKS A00/T/ON
jj�
MOLUME .388-150, PAGE 74 PRTCT
S88030' 24"W
miz 8 . 50'
zI
Q
0 F SURVEYOR'S CERTIFICATION
S TEq T�f
I,Philip B.Wolters,a Registered Professional Land Surveyor
of the State of Texas,certify that the calculations,graphic
PHILIPB..WOLTERS depiction and legal descriptions of this survey were o 10 20
..%..................... properly prepared under my personal supervision from an
�0 5894 lmzl�
�-9o'c0
SURNIN FEET )
Registered ProfessidAnal Land Surveyor No.5894 1 inch - 20 ft.
AMMGTON SURVATMG do MAPPING
meas A n 1 eloea 1W
�tueratoee.=1111111 zeooa
(BIT)as-Dave Iwo(si»885-same
P:\SOLTHLPxE\1782\SURVEY\Esmt-ROW\1782-LiftStot,or ParceW.dgi b_,..,^O,�/ 70q �- D
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PASSED AND APPROVED ON SECOND READING ON THIS 1ST DAY OF
AUGUST, 2017.
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
N:\00-New N Drive\Meetings\City Council\2017 Agendas\2017-06-20-AMS Due 06-02-2017\ltem 4H-Ord. 1177 Abandon
ROW 1655 Creekside\Abandonment Ordinance for 1655 Creekside No. 1177.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 322 square foot lift station
parcel described in the legal description attached to this Deed as Exhibit A and depicted
in the survey attached to this Ordinance as Exhibit B ("the lift station parcel to be
abandoned"), to the City through an instrument recorded in Document Number
D209089709 of The Deed 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 Richard Paul Davis and Dawn Lawrence Davis and their
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 Ordinance as Exhibit
B ("the lift station parcel to be abandoned"), to the City through an
instrument recorded in Document Number D209089709 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 ' 2017.
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 , 2017.
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
N:\00-New N Drive\Meetings\City Council\2017 Agendas\2017-06-20 -AMS Due 06-02-2017\Item 4H - Ord. 1177 Abandon ROW
1655 Creekside\Quitclaim Deed for 1655 Creekside.doc
EXHIBIT "A"
322 SQUARE FOOT
LIFT STATION PARCEL
BEING a portion of Lot 7,Block 1,TWIN CREEKS ADDITION,an addition to the City
of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-150,
Page 74 of the Plat Records of Tarrant County,Texas,conveyed by deed to Richard Paul
Davis and Dawn Lawrence Davis in Volume 11259,Page 1555,Deed Records,Tarrant
County,Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at an iron rod found in the east line of Creekside Drive,said point
being the northwest comer of said Lot 7,and the southwest corner of Lot 8,Block 1,of
said TWIN CREEKS ADDITION;
THENCE South 01 degrees 17 minutes 00 seconds East,along said east line,a distance
of 23.73 feet to a 5/8 inch iron rod,capped 5894,for the POINT OF BEGINNING;
THENCE North 88 degrees 30 minutes 24 seconds East,departing said east line,a
distance of 8.45 feet to a 5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 01 degrees 21 minutes 06 seconds East,a distance of 38.00 feet to a
5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 88 degrees 30 minutes 24 seconds West,a distance of 8.50 feet to a
5/8 inch iron rod,capped 5894,for parcel comer in the east line of Creekside Drive;
THENCE North 01 degrees 17 minutes 00 seconds West,along the east line of
Creekside Drive,a distance of 38.00 feet to the POINT OF BEGINNING and
containing 0.007 acres or 322 square feet of land.
P•\SOUTHLAKE\1782\SURVEY\Esmt-ROW\1655 Creekside-Lift Station.doe
Ib Wq0 N?oq p. 5 7
EXHIBIT "B"
322 SQUARE FOOT LIFT STATION PARCEL
10' WIDE TEMPORARY CONSTRUCTION EASEMENT
1657 CREEKS/OE OR/YE
L OT 8,BL OCA- 1
TWIN CREEKS 400/;r/ON
p„ ( 11OL UME j88-150, ,-40E Af, PRTCT
I
0
P.O.C.
IRF __ —
W
p o N880 30' 24"E
NN 8 . 45'
I S01021 ' 06"E
I 38. 00'
P.O.B.
10.0' TEMPORARY
CONSTRUCTION EASEMENT
N 01 ° 1 7 ' 0 0"W I 1655 CREEKS/OE OR/liE
38- 00 R/CHARD PAUL OA 015 &
I DAWN LAWRENCE OA 015
J IVOL V,V,- 11259, PAGE 1555 ORTCT
'I LOT 7, BLOCK 1
TWIN CREEKS A00/T/ON
jj�
MOLUME .388-150, PAGE 74 PRTCT
S88030' 24"W
miz 8 . 50'
zI
Q
0 F SURVEYOR'S CERTIFICATION
S TEq T�f
I,Philip B.Wolters,a Registered Professional Land Surveyor
of the State of Texas,certify that the calculations,graphic
PHILIPB..WOLTERS depiction and legal descriptions of this survey were o 10 20
..%..................... properly prepared under my personal supervision from an
�0 5894 lmzl�
�-9o'c0
SURNIN FEET )
Registered ProfessidAnal Land Surveyor No.5894 1 inch - 20 ft.
AMMGTON SURVATMG do MAPPING
meas A n 1 eloea 1W
�tueratoee.=1111111 zeooa
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