Item 6FM E M O R A N D U M
August 28, 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: Conduct a public hearing and consider 2nd 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 remainder 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.
City Council
Action: August 21, 2018; Approved 1st reading (7-0) on consent.
Supporting
Documents: Location Map
Ordinance No. 1198
Exhibit ‘A’ - Special Warranty Deed
Staff
Recommendation: Approve 2nd 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; 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 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 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.
PASS ED AND APPROVED ON FIRST READING ON THIS 21st DAY OF
August, 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