Item 4B MemoCITY OF
SOUTHLAKE
Item 4B
MEMORANDUM
(June 7, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve Ordinance No. 1258, 1st reading, reducing in size the
floodway, drainage and flowage easement on Lot 6, Block D,
Quail Creek Estates, Section II, an addition to the City of
Southlake, Tarrant County, Texas, being located at 1018 Quail
Run Road.
Action
Requested: Approve Ordinance No. 1258, 1s' reading, reducing in size the
floodway, drainage and flowage easement on Lot 6, Block D, Quail
Creek Estates, Section II, an addition to the City of Southlake,
Tarrant County, Texas, being located at 1018 Quail Run Road.
Background
Information: The Homeowners of Lot 6, Block D of the Quail Creek Estates,
Section II subdivision are requesting that the city reduce in size the
floodway, drainage and flowage easement recorded in
D188003438. The easement is located in the rear yard of the
property, 1018 Quail Run Road, along the adjacent creek. The
existing easement encompasses 0.53 acres of the 1.00 acre
property.
The easement document was recorded on January 27, 1988 under
D188003438 granting the City of Southlake a floodway, drainage
and flowage easement in the rear yard of the lots 5 through 8 of
Quail Creek Estate adjacent to the creek. The Homeowners
requested Swaim Engineering & Surveying, a Civil Engineering
firm, to provide a drainage study to determine whether the existing
floodway, drainage and flowage easement was larger than
necessary. Upon further evaluation, Swaim Engineering &
Surveying determined that the boundaries of the floodway,
drainage and flowage easement were greater than required. The
associated FEMA Flood Insurance Study and FIRM Map, as well as
the onsite topography were used to determine the 100-year base
flood elevation for the property. The 100-year base flood elevation
plus one -foot of freeboard, to comply with Article V — Flood Hazard
Reduction regulations, was used to determine the area of the
floodway, drainage and flowage easement reduction. The existing
floodway, drainage and flowage easement is wider than the existing
Page 1 of 2
Item 4B
flood plain and, based on the results of the drainage study, will
remain wider than the flood plain once the subject portion of the
easement is reduced. The drainage study from Swaim Engineering
& Surveying has been included for reference.
The Homeowners also obtained approval from the Army Corps of
Engineers for proposed improvements within the floodway,
drainage and flowage easement. The approval letter stated that
their flowage easement was located along the 572 contour. The
reduction in size of the easement is located above the Army Corps
of Engineer's flowage easement.
Financial
Considerations: The 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.
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. 1258, 1st reading, reduce in size the
floodway, drainage and flowage easement on Lot 6, Block D, Quail
Creek Estates, Section II, an addition to the City of Southlake,
Tarrant County, Texas, being located at 1018 Quail Run Road.
Supporting
Documents: Attachment A: Location Map
Attachment B: Ordinance No. 1258
Attachment C: Drainage Study
Attachment D: Hold Harmless Letter
Attachment E: Quitclaim Deed
Staff
Contact: Rob Cohen, Public Works Director
Kevin Ferrer, P.E., Deputy City Engineer
Sandy Endy, P.E., Development Engineer
Page 2 of 2
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Attachment B
Ordinance No. 1258
ORDINANCE NO.1258
AN ORDINANCE VACATING AND REDUCING THE SIZE OF AN
EASEMENT ON LOT 6, BLOCK D OF THE QUAIL CREEK
ESTATES, SECTION II OF THE TARRANT COUNTY RECORDS,
LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT A
PORTION 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 D188003438 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
reduction in size; 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 0.25 acre portion of the drainage easement located on Lot 6, Block D of the
Quail Creek Estates, Section II in the City of Southlake, more specifically described in
the county records in D188003438. 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 reduction in size 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 I to the following
entity: Benjamin and Kristine Borst.
1
Ordinance No. 1258
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.
2
Ordinance No. 1258
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2022.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
.2022.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
3
Attachment C
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NOTES:
1. BASIS OF BEARING FOR THIS SURVEY WAS ESTABLISHED USING US STATE
PLANE 1983, NORTH CENTRAL TEXAS ZONE 4202, NAD 1983, USING GEOID 12A
(CONUS)
2. FEMA MAP: 48439CO085K DATED SEPTEMBER 25, 2009
3. SES PROJECT 21239 1018 QUAIL RD. TCT
4. WSEL SHOWN WERE DETERMINED BY GRAPHICAL METHODS FROM A DRAINAGE
STUDY BY SWAIM ENGINEERING 4-13-22. THE FLOODPLAIN SHOWN IS PER THE
FEMA MAPS.
5. THE AREA ABOVE THE 100 YR IS NOT NEEDED AS FLOOD EASEMENT PER THIS
STUDY AND IS BEING REQUESTED TO BE ABANDONED.
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DOC. NO. 220162251
OPRTCT
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METAL FENCE
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SO° 43'6"E
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VOL.12519 PG.361
OPRTCT
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o SIR SET IRON ROD
X X- EXISTING FENCE LINE
— - - - PROPERTY LINE
,
AC AIR CONDITIONER
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EASEMENT AREA
TO BE ABANDONED
ABOVE CALCULATED
FLOODPLAIN PER THIS
EXHIBIT
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5550
SUR
PREPARED BY:
SWAIM ENGINEERING & SURVEYING
CONTACT: JASON G. SWAIM
ADDRESS: 506 N MASON ST
BOWIE, TEXAS 76230
PHONE: (940) 872-5075
DRAINAGE STUDY
AND
FLOOD EASEMENT
EXHIBIT
.T
1.00 ACRES
BEING
LOT 6
BLOCK D
QUAIL CREEK ESTATES,
SECTION II
AN ADDITION
TO THE CITY
OF SOUTHLAKE, TX
TARRANT COUNTY, TX
APRIL 25, 2022
Sandra Endy
From:
Sent:
To:
Cc:
Subject:
Good morning Miranda,
benjamin borst <benjamin_borst@hotmail.com>
Saturday, December 18, 2021 6:16 AM
Miranda Picklesimer
Richard Schell; Sandra Endy
Fw: 1018 Quail Run Rd proposed locations of....
Does the below email from Mr. Mathney suffice or do I need something more formal from him? If this email
works, can I print it and upload it to the permit portal? Thank you,
Ben
Sent from Outlook
From: Mathney, John L CIV USARMY CESWF (USA) <John.L.Mathney@usace.army.mil>
Sent: Friday, December 17, 2021 10:34 AM
To: benjamin borst <benjamin_borst@hotmail.com>
Subject: RE: 1018 Quail Run Rd proposed locations of
Mr. Borst,
In review of your plans it appears the batting cage and both garages would be located out of USACE flowage
easement. Our flowage easement located on your property would be any lands located below the 572msl
contour. Which on maps shows to be all the very back of your property. I recommend you have the 572mis
staked across your property so that before building everyone knows exactly where it is located.
John Mathney
Grapevine Lake Manager
US Army Corps of Engineers
110 Fairway Drive
Grapevine, TX 76051
(817)865-2600 - office
(817)865-2612 - direct
From: benjamin borst <benjamin_borst@hotmail.com>
Sent: Thursday, December 16, 2021 12:15 PM
To: Mathney, John L CIV USARMY CESWF (USA) <John.L.Math ney@usace.army.mil>
Subject: [Non-DoD Source] Fwd: 1018 Quail Run Rd proposed locations of....
Sent from my Phone
Begin forwarded message:
From: benjamin borst <benjamin borst@hotmail.com>
Date: December 13, 2021 at 4:25:44 PM CST
To: lohn.l.matney@usace.army.mil
Subject: 1018 Quail Run Rd proposed locations of....
Hi John,
I hope this information is what you need. Please let me know if you have any questions.
The two open permits I have with the city of Southlake are MISC21-0202 (retaining wall) and
MISC21-0203 (batting cage) for 1018 Quail Run Rd. Southlake, TX 76092
I had a recent survey that I marked up to show the location of existing retaining wall, proposed
batting cage, and proposed garage locations 1 and 2. 1 only plan to build one garage, but I'm
not sure which location I will build in so I figured I'd show you both possibilities in hopes that
either location is suitable.
Thanks for your help,
Ben
925-290-9185
Attachment D
To Whom It May Concern:
May 31, 2022
[, Benjamin R. Borst, hold the City of Southlake harmless for any damages and or
loss that may occur from abandoning a portion of the floodway, drainage, and
flowage easement.
Attachment E
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 drainage easement
located on Lot 6, Block D of the Quail Creek Estates, Section II and recorded in D188003438
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 reduction in size. 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, reduce in size and forever quitclaim unto Benjamin and Kristine Borst 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:
A portion of the Floodway, Drainage and Flowage Easement on said Lot 6,
Block D of Quail Creek Estates, Section II. Recorded in D188003438 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 , 2022.
CITY OF SOUTHLAKE
M.
Mayor, John Huffman
ATTEST:
AMY SHELLEY/CITY SECRETARY
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John Huffman,
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
20
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
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NOTES:
1. BASIS OF BEARING FOR THIS SURVEY WAS ESTABLISHED USING US STATE
PLANE 1983, NORTH CENTRAL TEXAS ZONE 4202, NAD 1983, USING GEOID 12A
(CONUS)
2. FEMA MAP: 48439C0085K DATED SEPTEMBER 25, 2009
3. SES PROJECT 21239 1018 QUAIL RD. TCT
4. WSEL SHOWN WERE DETERMINED BY GRAPHICAL METHODS FROM A DRAINAGE
STUDY BY SWAIM ENGINEERING 4-13-22. THE FLOODPLAIN SHOWN IS PER THE
FEMA MAPS.
5. THE AREA ABOVE THE 100 YR IS NOT NEEDED AS FLOOD EASEMENT PER THIS
STUDY AND IS BEING REQUESTED TO BE ABANDONED.
t7 a
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CONCRETE CURBING
RAESSI
DOC. NO. 220162251
OPRTCT
LOT 5
388.83
NO° 41'30"
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CONCRETE
PAVING
6
N LOT 6
o1.00
ACRES
v)
OWNER OF RECORD
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BENJAMIN BORST AND
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KRISTINE BORST
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DOC. NO.
OPRTCT 6625
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CP BRICK HOUSE PIT
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345.09' — o LOT 7
SO° 431611E
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VOL.12519 PG.361
OPRTCT
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0.25 ACRES
EASEMENT AREA
TO BE ABANDONED
ABOVE CALCULATED
FLOODPLAIN PER THIS
EXHIBIT
LEGEND
• FIR
FOUND IRON ROD
o SIR
SET IRON ROD
X X-
EXISTING FENCE LINE
— - - •
PROPERTY LINE
AC
AIR CONDITIONER
GM
GAS METER
PE
POOL EQUIPMENT
LS
LANDSCAPING
CP
COVERED PORCH
0 20 40 60
SCALE IN FEET
1" - 20'
OF
JASON..0.
SWAIM
U
PREPARED BY:
SWAIM ENGINEERING & SURVEYING
CONTACT: JASON G. SWAIM
ADDRESS: 506 N MASON ST
BOWIE, TEXAS 76230
PHONE: (940) 872-5075
DRAINAGE STUDY
AND
FLOOD EASEMENT
EXHIBIT
1.00 ACRES
BEING
LOT 6
BLOCK D
QUAIL CREEK ESTATES,
SECTION II
AN ADDITION
TO THE CITY
OF SOUTHLAKE, TX
TARRANT COUNTY,TX
APRIL 25, 2022
FIR
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FLOODWAY DRAINAGE AND
FLOWAGE EASEMENT
PER PLAT
QUAIL CREEK ESTATES
VOLL 388-213, PG. 37
PRTCT
EXHIBIT LEGAL DESCRIPTION
192 NTNI I
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1 NO° 41'30"W 125.501
SIR 87.65'
OWNER OF RECORD S650 07'11"E/
BENJAMINISTI BO OR AND
DOC AO 221113625 55.22'
ORTCT /
0,2W2 ACRES S4401136"
2.0.74'
S51 08'48"E� �a�-
19.10 ,
S700 38'28"E /
16.20' /
S880 27107"E /
SIR 15.29' 108.62' 1 _
S01 080611E SIR S56 18' 6"E
6/ - FIR
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BEING 0.2502 acres of land, more or leer, being a port of Lot 6, Block D,
Section 11, QuaA Creek Eatatea, Tarrant County, Texas, ae shown by plat
of said subdivision of record in Volume 388-231, Page 37, Plat Records of
Tarrant Countyy, Texas, and being a art of that certain tract of land
described in Warrant Deed to Benjamin Borst and Kristine Borst, recorded
under Document No. 221136625, OffncicIPublic Records of said Tarrant
County, Texas, void 0.2502 acres being more particularly described as
follows:
BEGINNING at a set iron rod in the west boundary line of said Borst tract,
from which a found iron rod bears N 00 deg. 41 min. 30 sec. W a distance
of 87.65 feet:
THENCE in a southeasterly direction the following courses and distances:
S 65 deg. 07 min. 11 sec. E a distance of 55.22 feet:
S 44 deg.11 min. 35 sec. E a distance of 20.74 feet:
S 51 deg. 08 min. 48 sec. E a distance of 19.10 feet:
S 70 deg. 38 min. 28 sec. E a distance of 16.20 feet:
S 88 deg. 27 min. 07 sec. E a distance of 15.29 feet:
S 56 deg.18 min. 36 sec. E a distance of 11.46 feet to a set iron rod for
corner:
THENCE S 00 deg. 43 min. 06 sec. E a distance of 61.08 feet to a set iron
rod for
corners
THENCE S 88 deg. 56 min. 36 sec. W a distance of 118.80 feet to a set iron
rod in
said west boundary iina for corner:
THENCE N 00 deg. 41 min. 30 sec. W a distance of 125.50 feet to the POINT
OF BEGINNING and containing 10,898 square feet or 0.2502 acres of land,
more or less.
FIR
PREPARED BY:
SWAIM ENGINEERING & SURVEYING
CONTACT: JASON G. SWAIM
ADDRESS: 506 N MASON ST
120 BOWIE, TEXAS 76230
PHONE: (940)872-5075
N
0 40
SCALE IN FEET
1" - 40'
BOUNDAROYF SURVEY
EASEMENT
ABANDONMENT AREA
OF
0.2502 ACRES
BEING PART OF
LOT 6
BLOCK D
QUAIL CREEK ESTATES
SECTION II
AN ADDITION
OF SOUTHLAKE,TX
TARRANT COUNTY, TX
MAY 31. 2022