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Item 4I - Attachment AOrdinance No. 1281 ORDINANCE NO. 1281 AN ORDINANCE VACATING AN EASEMENT ON CALLED 25.12 ACRE TRACT OF LAND CONVEYED TO DALLAS MTA, L.P. OF THE TARRANT COUNTY RECORDS, LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT THE ENTIRETY 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 entirety of the easement, located in the City of Southlake, recorded in D213036552 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 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 The entirety of the 15-foot sanitary sewer utility easement located on called 25.12 acre tract of land conveyed to Dallas MTA, L.P. more specifically described in the county records in D213036552. 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 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: Cellco Partnership, d/b/a Verizon Wireless. 1 Ordinance No. 1281 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. 1281 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2023. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2024. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 3 Ordinance No. 1281 EXHIBIT "B" SH 114 WATER AND SANITARY SEWER RELOCATIONS EASEMENT RELEASE J. B. MARTIN SURVEY, ABSTRACT NO. 1134 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Being a 0.391 acre (17,040 square feet) tract of land situated in the J. B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas, and being a portion of a called 25.12 acre tract of land conveyed to Dallas MTA, L.P. by Special Warranty Deed dated February 12, 2013 and recorded in Instrument No. ❑213036552 of the Official Public Records of Tarrant County, Texas, and subsequently distributed to Cellco Partnership, dlbla Verizon Wireless, by Cellco Partnership Assistant Secretary's Certificate dated January 14, 2019 and signed by Karen M. Shipman, Assistant Secretary, said 0.391 acre (17,040 square feet) tract of land also being all of an existing 15' Sanitary Sewer Utility Easement granted to the City of Southlake as recorded in Volume 16245, Page 349 of said Official Public Records of Tarrant County, Texas, said 0.391 acre (17,040 square feet) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 518 inch iron rod cap stamped "GORRONDONA" found for corner at the intersection of the northeast line of SH 114 (a variable width right-of-way) with the southwest line of said called 25.12 acre tract of land and the northwest line of Lot 1, Block 1 of Solana Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Instrument No. ❑202371425 of said Official Public Records of Tarrant County, Texas, said 518 inch iron rod cap stamped "GORRONDONA" being the beginning of a non -tangent curve to the left having a radius of 4,843.00 feet, a delta of 03 degrees 45 minutes 20 seconds and whose chord bears North 26 degrees 18 minutes 07 seconds West, a chord distance of 317.39 feet; THENCE Northwesterly, with the northeast line of said SH 114, an arc distance of 317.45 feet to a 518 inch iron rod cap stamped "GORRONDONA" found for corner; THENCE South 61 degrees 49 minutes 13 seconds West, with the northeast line of said SH 114, a distance of 12.00 feet to a 518 inch iron rod cap stamped "GORRONDONA' found for the beginning of a non -tangent curve to the left having a radius of 4,831.00 feet, a delta of 06 degrees 33 minutes 55 seconds and whose chord bears North 31 degrees 27 minutes 45 seconds West, a chord distance of 553.26 feet; THENCE Northwesterly, with the northeast line of said SH 114, an arc distance of 553.56 feet to a calculated point for the POINT OF BEGINNING, said calculated point being in the southeast line of said 15' Sanitary Sewer Utility Easement; THENCE South 67 degrees 33 minutes 10 seconds West, with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 30.44 feet to a calculated point for corner; THENCE South 52 degrees 54 minutes 16 seconds West, with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 6.62 feet to a calculated point for the most southerly west corner of said existing 15' Sanitary Sewer Utility Easement; THENCE North 37 degrees 05 minutes 17 seconds West, with the southwest line of said existing 15' Sanitary Sewer Utility Easement, a distance of 15.00 feet to a calculated point for the most northerly west corner of said existing 15' Sanitary Sewer Utility Easement; (Exhibit "B") Page 1 of 5 GORRONDONA & ASSOCIATES, INC. 2800 NE Loop 820. Suae 660. FORT WORTH, TEXAS 75137 817-496-1424 FAIL 8174W-1766 :i Ordinance No. 1281 THENCE North 52 degrees 54 minutes 16 seconds East, with the northwest line of said existing 15' Sanitary Sewer Utility Easement, a distance of 8.54 feet to a calculated point for corner; THENCE North 67 degrees 33 minutes 10 seconds East, with the northwest line of said existing 15' Sanitary Sewer Utility Easement, a distance of 157.46 feet to a calculated point for corner; THENCE North 56 degrees 56 minutes 05 seconds East, with the northwest line of said existing 15' Sanitary Sewer Utility Easement, a distance of 312.78 feet to a calculated paint for corner; THENCE North 72 degrees 45 minutes 36 seconds East, with the northwest line of said existing 15' Sanitary Sewer Utility Easement, a distance of 260.49 feet to a calculated point for corner; THENCE North 40 degrees 21 minutes 45 seconds East, with the northwest line of said existing 15' Sanitary Sewer Utility Easement, a distance of 337.35 feet to a calculated point for corner; THENCE North 08 degrees 07 minutes 46 seconds West, with a west line of said existing 15' Sanitary Sewer Utility Easement, a distance of 67.61 feet to a calculated point for the north corner of said existing 15' Sanitary Sewer Utility Easement, from which a 112 inch iron rod with cap stamped "GRAHAM & ASSOCIATES" found for the east corner of Lot 1R1R1R, Block 1 of the Sabre Group Campus Addition, an addition to the City of Southlake as recorded In Instrument No. D218087500 of said Official Public Records of Tarrant County, Texas bears North 51 degrees 53 minutes 34 seconds West, a distance of 89.08 feet, said 1/2 inch iron rod with cap stamped "GRAHAM & ASSOCIATES" being in the southwest line of Kirkwood Boulevard (a variable width right-of-way); THENCE South 32 degrees 02 minutes 28 seconds East, with a northeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 37.01 feet to a calculated point for corner; THENCE South 08 degrees 07 minutes 46 seconds East, with an east line of said existing 15' Sanitary Sewer Utility Easement, a distance of 40.53 feet to a calculated point for corner; THENCE South 40 degrees 21 minutes 45 seconds West, with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 348.46 feet to a calculated point for corner; THENCE South 72 degrees 45 minutes 36 seconds West, with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 263.03 feet to a calculated point for corner; [Exhibit "B") Page 2 of 5 GORRONAONA & ASSOCIATES, INC. 2800 NE Loop 820. Suae 660. FORT WORTH, TEXAS 75137 817-496-1424 FAIL 8174W-1766 5 Ordinance No. 1281 THENCE South 58 degrees 56 minutes 05 seconds West, with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 312.09 feet to a calculated point for corner; THENCE South 67 degrees 33 minutes 10 seconds West, with the southeast line of said existing 15' Sanitary Sewer Utility Easement, a distance of 126.22 feet to the POINT GF BEGINNING, and containing 17,040 square feet or 0.391 acres of land, more or less. Notes: 1. A plat of same date herewith accompanies this legal description. 2. Bearings are referenced to the Texas State Plane Coordinate System, NAD-83(2011), North Central Zone (4202). All distances and areas shown are surface utilizing a surface adjustment factor of 1.00012. June 8, 2021 Revised July 9, 2021 Revised August 3, 2022 Revised August 9, 2022 Revised February 8, 2023 Richard Kennedy Registered Professional L, Texas No. 5527 Texas Firm No. 10106900 P; r'G1 S ir;P•.. 'HAR'p KENNEM `-- -0)5527 Pr'.O (Exhibit "B") Page 3 of 5 GORRONAONA & ASSOCIATES, INC. 2800 NE Loop 820, Suae 660. FORT WORTH, TEXAS 75137 817-496-1424 FAIL 817496-1768 2 Ordinance No. 1281 q 8 EXHIBIT „„ B 4 8 SEE t3 DETAIL "B" - _J off? KIRKWOOD BOULEVARD - �,,�, WIABLE WIDTH RIGHT-OF-WAY) _ 2'•. 1 'A I o k ooy „ 200 100 0 200 SCALE IN FEET i REMAINDER OF I a 7 +` ~ EASEA�ENT CALLED 25.12 ACRES 1 y� L 'E-=f� RELEASE ASSISTANTEs�cRPvsEoERHnIFIPcnTE AREA F DATED JAxuAar ta, 2ats 0.391 ACRES DALLJAS MTA LIP, L 7 [ t7,0a0 54L1, INST. NO. C213016552 1 a{ f `Ad', O.P. R.T.C.T. 1 SAWARY SEWER FEBROARY 12, 2013 UTiU EASEMENr in OrY OF SOvnRAxE O O ry VOLUME 16245, PACE 349 r 0.P-R-T.C.T. I: V � 5 b1'49'43"W FND 5/89R W/CAP 1 + I!]�•' r r Si.LIPfD 'CORROMDONA' T f 7 I 2.00 AP P. O.B. FHD 5/a'P W/CAP SEE 5rw�cED "coRRoxoaNA' P.O.C. DETAIL "A" 5H 114 FND WONAP ,/ORR srAMPED "caRRer1DDNA' DRAINAGE EASEMENT (VAMABLE WIDTH RIGHT-OF-WAY) REVISED FEBRUARY 8. 2023 VOLUME 14028. PAGE 265 REVISED AUGUST 8, 2022 ffi VOLUME t48, PAGE 277 REVISED AUGUST 3, 2022 REVISED JULY 9, 2021 SH 114 WATER AND SANITARY SEWER RELOCATIONS P4�G����A�� RICHARD KENNEDY :pip 5527 9 � `e551pTi ACC �� 'La � ...... EASEMENT RELEASE OWNERi CITY OF SOUTHLAKE SURVEY: J. B. MARTIN SURVEY, ABSTRACT NO. 1134 LOCATION: CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS EASEMENT RELEASE AREA: 17,040 SQUARE FEEL' OR 0.391 ACRES WHOLE PROPERTY ACREAGE: 24.3 ACRES (CALCULATED) JOB No, KHA-2104.00 DRAWN BY: RK CAD RLE: PILE RELEASE 1-R04.DWC RICHARD KENNEDY I , REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5527 TEXAS FIRM No. 101D8900 DATE: JUNE B, 2021 F- HIBT B PAGE 4 OF 5 1 SCALE: 1' = 200' GORRONDONA & ASSOCIATES. INC. • 2800 H.E. LOOP 820. SURE 660 FORT WORTH. Tx. 76137 • 817-496-1424 FAX 817-496-1768 7 Ordinance No. 1281 EXHIBIT "B " FND MONUMENTATION (SIZE AND rtPE NOTED) O CALCULATED POINT — EXISTING PROPERTY / RIGHT—OF—WAY LINE -------------- EXISTING EASEMENT ---------- PROPOSED EASEMENT CURVE TABLE CURVE I RADIUS DELTA I CHORD BEARING CHORD ARC C-1 I 4,543.00' I U3'45'20" I N 25'1S'07"W 1 317.39' 1 377,45' C-2 1 4,831.00' 1 06'33'55" 1 N 31-27.45"W 553.26' 1 553.56' NOTES: 1. A LEGAL DESCRIPTION OF SAME DATE HEREWITH ACCOMPANIES THIS PLAT. 2, BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, MAD-03(2011), NORTH CENTRAL ZONE (4202). ALL DISTANCES AND AREAS SHOWN ARE SURFACE UTILIZING A SURFACE ADJUSTMENT FACTOR OF 1.00012- SH 114 WATER AND SANITARY SEWER RELOCATIONS OWNER. CITY OF SOUTHLAKE SURVEY: J. B. MARTIN SURVEY, ABSTRACT NO. 1134 EASEMENT RELEASE AREA: 17,040 SQUARE FEEL' OR 0.391 ACRES WHOLE PROPERTY ACREAGE: 24.3 ACRES (CALCULATED) DRAWN BY: RK 1 CAD FILE: PUE RELEASE EXHIBIT B PAGE 5 OF 5 SCALE: 1� = 206' NC. • 2800 H.E. LOOP 820. SUITE 660 PORT WORT14, Tx. 11 , tl 1 1 � DETAIL " B" NOT TO SCALE LINE TABLE LINE I BEARING DISTANCE L-1 S 67'33'10"W 30.44' L-2 5 52'54'16 W 6.62' L-3 N 3TC5'17"W 15.00' L-4 N 52'54'16"E 8,54' L-5 N 67*33' 1 C"E 157.46' L-6 N 58'56 05 E 312.78 L-7 N 72'45'36"E 260.49' L-8 N 40'21'45"E 337.35' L-9 N 0607'46 W 67.61' L-10 5 32'02'28"E 37.01' L-11 S fl907'46 E 40.53' L-12 S 40'21'45"W 348.46' L-13 S 72'45'36"W 263.03' L--14 S 5F5605"W 312.09' L--1S 5 67'33'10-W 12fi.22' REVISED FEBRUARY 8, 2023 REVISED AUGUST 8, 2022 REVISED AUGUST 3, 2022 REVISED JULY 9, 2021 op T< �P 4�1-Z ig RICHARD KENNEDY 5527 RICHARD KENNEDY REGISTERED PROFESSIONAL LAND '_ NO. 5527 TEXAS FIRM No. 1 i Ordinance No. 1281 PUE RELEASE 1 ALL Bearing Distance S 67°33'10" W 30.44 S 52°54'16" W 6.62 N 37°05'17" W 15.00 N 52°54'16" E 8.54 N 67'33'10" E 157.46 N 58°56'05" E 312.78 N 72'45'36" E 260.49 N 40'21'45" E 337.35 N 08°07'46" W 67.61 S 32°02'28" E 37.01 S 08°07'46" E 40.53 S 40°21'45" W 348.46 S 72°45'36" W 263.03 S 58°56'05" W 312.09 S 67°33'10" W 126.22 Closure Error Distance> 0.0028 Error Bearings S 15°19'03" W Closure Precisions 1 in 828810.9 Total Distances 2323.63 17040 SQ. FT. 0.391 ACRES 0