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Item 4HItem 4G Item 4H Page 1 of 2 M E M O R A N D U M (November 17, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve Ordinance No. 1238, 1st reading, abandoning a portion of a water easement on Lot 20R, Block 1, H. Granberry No 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, being located at 191 W. Southlake Blvd. Action Requested: Approve Ordinance No. 1238, 1st reading, abandoning a portion of a water easement on Lot 20R, Block 1, H. Granberry No 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, being located at 191 W. Southlake Blvd. Background Information: The developer of Lot 20R, Block 1 of the H. Granberry No. 581 Addition is requesting that the City abandon a portion of the existing water line easement recorded in Instrument No. D219189742. The easement runs along the northern portion of the lot. The easement encompasses approximately 0.36 acres of the 3.4175-acre property. The document was recorded on August 23, 2019 under Instrument No. D219189742 granting the City of Southlake a 15-foot water line easement on a 3.4175-acrea tract of land. The water line easement was designated for a fire line, and domestic and irrigation water meters. The developer is requesting that a 5 square foot area of water line easement to be abandoned so that the adjacent building foundation no longer encroaches on to the easement. The easement area to be abandoned does not contain City infrastructure and will not affect access to City infrastructure. Financial Considerations: Applicant has provided the City with the filing fee costs. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Infrastructure and Performance Management & Service Delivery. It specifically relates to the City’s Corporate Objectives, B5: Enhance Service Delivery Through Continual Process Improvement, and F2: Invest To Provide & Maintain High Quality Public Assets. Item 4H Page 2 of 2 Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed the ordinance. Alternatives: The City Council may approve or deny the ordinance. Staff Recommendation: Approve Ordinance No. 1238, 1st reading, abandoning a portion of a water easement on Lot 20R, Block 1, H. Granberry No 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, being located at 191 W. Southlake Blvd. Supporting Documents: Attachment A: Location Map Attachment B: Ordinance No. 1238 Attachment C: Easement Documents No. D219189742 Attachment D: Quitclaim Deed Staff Contact: Rob Cohen, Public Works Director Kevin Ferrer, P.E., Deputy City Engineer Sandy Endy, P.E., Development Engineer Lo c a t i o n M a p SO U T H L A K E B O U L E V A R D ( F M 1 7 0 9 ) S O U T H R I D G E L A K E S P A R K W A Y B Y R O N N E L S O N PARKWAY Ordinance No. 1238 1 ORDINANCE NO. 1238 AN ORDINANCE VACATING AND ABANDONING FIVE SQUARE FEET OF AN EASEMENT ON LOT 20R, BLOCK 1 OF THE H. GRANBERRY SURVEY ABSTRACT NO. 581 OF THE TARRANT COUNTY RECORDS, LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT FIVE SQUARE FEET OF SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; 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, the City Council of the City of Southlake, after careful study and consideration, has determined that the portion of the easement, located in the City of Southlake, recorded in Instrument No. D219189742 is not being used by, nor useful or convenient to the public in general; therefore, it 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 easements, the City desires to execute a quitclaim deed releasing all title and control in said easement to the owners of the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A five square foot portion of the drainage easement located on Lot 20R, Block 1 of the H. Granberry Survey in the City of Southlake, more specifically described in the county records in Instrument No. D219189742. The easement records attached hereto and incorporated herein for all purposes, are not being used by, nor useful or convenient to the public in general and the public would be better served and benefited by their vacation and abandoned as public easements. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute quitclaim deed for the above mentioned property in Section 1 to the following entity: Southlake Commons, LP. Ordinance No. 1238 2 SECTION 3 Copies of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. 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. Ordinance No. 1238 3 PASSED AND APPROVED ON FIRST READING ON THIS ____ DAY OF __________________, 2020. _____________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ____ DAY OF _________________, 2020. ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY/ALICIA RICHARDSON EFFECTIVE:______________________________ APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY 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 a portion of an existing water easement located on Lot 20R, H. Granberry No. 581 Addition, An addition to the City of Southlake, Tarrant County, Texas and recorded in the Tarrant County Plat Records instrument number D219189742 hereinafter specifically described, 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 partial abandonment. 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 does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto Southlake Commons, LP and any and all of their heirs, legal representatives or assigns, all of theirs right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: Lot 20R, H. Granberry No. 581, Recorded in Volume D219189742 of the Tarrant County Records. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easements unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the _______ day of ___________________, 2020. CITY OF SOUTHLAKE By: _______________________________________________ Mayor, Laura Hill ATTEST: _____________________________________ AMY SHELLEY/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 _____________, 2020. ___________________________________ 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