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Item 4DM E M O R A N D U M August 14, 2018 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Sr. Director of Planning and Development Services Subject: Ordinance No. 1198, authorizing the Mayor to execute a deed conveying a 0.1354 acre tract of land, being Tract 3A01F8 in the F. Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and located directly adjacent to the northwest boundary of Lot 15, Block 1, Reserve of Southlake, Southlake, Tarrant County, Texas, addressed as 1717 Bur Oak Drive, Southlake, Texas. Action Requested: Approve 1st reading of Ordinance No. 1198, an ordinance authorizing the Mayor to execute a deed conveying a 0.1354 acre tract of land, being Tract 3A01F8 in the F. Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, to the adjacent lot owner being the owner of Lot 15, Block 1, Reserve of Southlake, Southlake, Tarrant County, Texas, addressed as 1717 Bur Oak Drive, Southlake, Texas. Background Information: The City conveyed a deed without warranties in 1989 for a 30 foot wide strip of land, approximately 0.673 acres, abutting 5 tracts of land near E. Dove Road, Sunshine Lane and Shumaker Lane. The 30 foot wide strip was apparently allocated as a roadway out of an approximately 15.31 acre unrecorded subdivision in the Francis Throop Survey, Abstract No. 1511, Tarrant County, Texas. The deed executed by the City in 1989 named only four (4) of the five (5) adjacent tract owners, providing them an undivided interest as tenants in common of the 30 foot strip. In 2010 the City was contacted by one of the named owners in the deed who had received a tax notice for the entirety of the 30 foot strip and requested assistance in resolving the matter. The apparent intent of the original deed was to convey the land interest to each adjoining tract owner according to their proportionate adjacency to the 30 foot strip. The City contacted owners in the original 1989 deed in order to clarify the conveyance. The four (4) owners agreed to convey the 30 foot strip of land back to the City in whole so that a deed could be executed to each of the adjoining tract owners proportionate to their respective tract boundaries. In 2011 the four original owners were deeded their proportionate share of the 30 foot strip, fully clarifying the boundaries of ownership. However, the portion of the 30 foot strip adjacent to the fifth tract remains in City ownership. The fifth tract has been developed as part of the Reserve of Southlake residential subdivision. Specifically, Lot 15, Block 1 of that subdivision directly abuts the remainder of the 30 foot strip. The owners of that lot, Ronald and Diane West have agreed to accept conveyance and responsibility of the rem ainder of the 30 foot strip. Because the original owner of this tract was not in the original 1989 deed from the City, staff believes it is best to approve an ordinance authorizing the conveyance. Financial Considerations: The only cost associated with this action is the filing fee for recording the documents in the Tarrant County Records. Transferring the ownership to the adjoining landowner will relieve the City of any maintenance cost. Strategic Link: The Corporate Focus Area of “Quality Development” is met by conveying the tract to the adjoining lot owner. It will allow the strip to be incorporated as part of the residential lot and will promote proper maintenance. The specific corporate objectives that are met by this project is (C6) “Enhance the sense of community by providing excellent customer service and citizen engagement opportunities” and (B4) “Provide high quality services through sustainable business practices.” Citizen Input/ Board Review: The adjoining tract/lot owner has been working with the City on this matter. Legal Review: Under review by the City Attorney. Alternatives: The City Council may approve or deny Ordinance No. 1198. Supporting Documents: Location Map Ordinance No. 1198 Exhibit ‘A’ - Special Warranty Deed Staff Recommendation: Approve 1st Reading of Ordinance No. 1198. Staff Contacts: Ken Baker, Sr. Director of Planning and Development Services; (817) 748-8067 Rob Cohen, Director of Public Works; (817) 748-8097 Dennis Killough, Deputy Director of Planning and Development Services; (817) 748-8072 CITY OF SOUTHLAKE ORDINANCE NO. 1198 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED RELEASING AND ASSIGNING THE REAL PROPERTY BEING A 0.1354 ACRE TRACT KNOWN AS TRACT 3A01F8 IN THE FRANCIS THROOP SURVEY ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS, MORE PARTICUALRLY DESCRIBED IN EXBIHIBIT ‘A’ TO THE OWNERS OF THE ADJACENT FEE ESTATE KNOWN AS LOT 15, BLOCK 1, RESERVE OF SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 11552, PLAT RECORDS, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH REAL PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC, PROVIDING A SEVERABILTY CLAUSE; AN D 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 June 23, 2011 the City of Southlake was conveyed a 0.673 acre tract of land by deeds recorded in Instrument numbers D211149567, D21149568, D211149569 and D211149570 of the Official Public Records of Tarrant County, Texas and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the tract of land 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 conveyance; and WHEREAS, in order to remove any question as to the continued interest in the land to be conveyed, the City desires to execute a deed releasing and assigning all title and control of the land to the owners of the fee estate known as Lot 15, Block 1, Reserve of Southlake, an addition to the City of Southlake, Tarrant County, Texas according to the Plat recorded in Cabinet A, Slide 11552, Plat Records, Tarrant County, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City Council finds that the land in the legal description attached to this Ordinance 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 conveyance of the land. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a deed, which deed is attached to this Ordinance as Exhibit A, to the current the owners of the fee estate known as Lot 15, Block 1, Reserve of Southlake, an addition to the City of Southlake, Tarrant County, Texas according to the Plat recorded in Cabinet A, Slide 11552, Plat Records, Tarrant County, Texas. SECTION 3 After the 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 judg ment 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 ____ DAY OF _______________________, 2018. _____________________________________ THE HONORABLE LAURA HILL, MAYOR ATTEST: ______________________________ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ____ DAY OF ______________________, 2018. _____________________________________ THE HONORABLE LAURA HILL, MAYOR ATTEST: ________________________________ CITY SECRETARY EFFECTIVE: _____________________ APPROVED AS TO FORM AND LEGALITY: ________________________________ CITY ATTORNEY EXHIBIT ‘A’ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Date: ____________, 2018 Grantor: City of Southlake, Texas Grantor's Mailing Address: 1400 Main St. Southlake, Texas 76092 Grantee: Ronald West and Diane West 403 Skyline Dr. Trophy Club, Texas 76262 Grantee's Mailing Address: Consideration: $10.00 and other good and valuable consideration The Property Conveyed: See attached Exhibit A Special Warranty of Title: Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof through Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. Reservations from and Exceptions to Conveyance and Warranty: None. Conveyance: For and in consideration of the sum of Ten Dollars and no cents ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby bargain, sell, and convey unto the Grantee and its successors and assigns, all of Grantor's right, title and interest in the property described above. Executed the _____ day of _________, 2018. City of Southlake, Texas, Grantor By:___________________________ ______ Laura Hill, Mayor STATE OF TEXAS § § COUNTY OF TARRANT § ACKNOWLEDGMENTS This instrument was acknowledged before me on the ______ day of ________, 2018, by Laura Hill, Mayor of the City of Southlake, Texas on behalf of said city. ___________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________________ AFTER FILING PLEASE RETURN TO: City of Southlake, Texas 1400 Main St. Southlake, Texas 76092 Ronald West and Diane West 403 Skyline Dr. Trophy Club, Texas 76262 Exhibit A