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Item 4DCity of Southlake, Texas MEMORANDUM October 21, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve ordinance No. 947, 1st Reading, Vacating and abandoning a 15' waterline easement and a 20' temporary construction easement located on Samuel Freeman Abstract No. 525 and recorded in volume 15934, page 278, D.R.T.C.T., located in the City of Southlake, Texas Action Requested: Approve ordinance No. 947, 1 st Reading, Vacating and abandoning a 15' waterline easement and a 20' temporary construction easement located on Samuel Freeman Abstract No. 525 and recorded in volume 15934, page 278, D.R.T.C.T., located in the City of Southlake, Texas. Background Information: The existing 15 foot water line easement and accompanying 20 foot construction easement is not currently being utilized by the City of Southlake and serves no useful or convenient purpose for the City. This area may be better used for landscaping and tree preservation. During development of the Morrison Office Park, the engineer shifted the placement of the water line from the existing 15 foot water line easement located along the eastern boundary of the property. The water line was re-routed west of the existing tree line and around the detention pond. A new 15 foot water line easement is being dedicated with the final plat. Financial Considerations: The administrative fee for vacation and abandonment of these easements is $150.00 to offset the cost of preparing the documents and the normal deed record filing fees. Citizen Input/ Board Review: The City Council previously approved the zoning and site plan for this project on October 19, 2006. The Planning and Zoning Commission previously approved the final plat with the new water line easement on October 19, 2006 and the plat approval was extended by the City Council on October 7, 2008. Legal Review: The ordinance has been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny the ordinance. Supporting Documents: Location Map Final Plat Ordinance 947 Easement Documents Quitclaim Deed Staff Recommendation: Approve Ordinance No. 947. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michelle Speaker, P.E., Civil Engineer W LLZ W U� 0 L o a •L � V cO C � *- ma NBION r z z J Q N Ag HS R t N LC7 O •A.r� s�jro _ ��g••� ASPS^y � � $•� � �Ys� �£��� Nit IM; ti g 1yy;., "giy.1y p .rsg�ro x ti o�Cnp'�1 'sE FLt" `E�a� 9n'C:st�! ..O0. Y�yPk _k S'L�riA ��''-�•a .�' ����� ppaE�i����� �� � Y � � �� ;;_: c I t �" � G E�' �� � yiQ ' F A F .S @',�„ p5• g ,+ a ;u $ •'_ .. A� yzz yy� F? 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R.'•y xa� Cg �� a2 � I c �"3�9 Rc'i nY Ordinance No. 947 ORDINANCE NO. 947 AN ORDINANCE VACATING AND ABANDONMENT OF A 15 FOOT WATERLINE EASEMENT AND ACCOMPANYING 20 FOOT CONSTRUCTION EASEMENT LOCATED ON THE SAMUEL FREEMAN ABSTRACT NO. 525 AND RECORDED IN VOLUME 15934, PAGE 278, D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING THAT SUCH EASEMENTS ARE 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 these easements, located in the City of Southlake, are 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 quitclaim deeds releasing all title and control in said easements to the owners of the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A 15 foot waterline easement and accompanying 20 foot construction easement located in the City of Southlake, more specifically described in Exhibits "A" and `B" 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 deeds to the following entity: Morrison Supply Company, L.P. for the easements described in Exhibits "A" and "B". 1 Ordinance No. 947 SECTION 3 Copies of said quitclaim deeds shall be presented for filing with the County Cleric 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. 947 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2008. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2008. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 3 Exhibit "A" DESCRIPTION OF A 15 FOOT WIDE WATERLINE EASEMENT AND ADJACENT 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT (TO BE VACATED) 0.170 of an acre of land situated in the Samuel Freeman Survey,,, Abstract No. 525, City of Southlake, Tarrant County, Texas, being a 15 foot wide permanent waterline easement and accompanying 20 foot wide temporary construction easement, recorded in Volume 15934, Page 278, Deed Records of Tarrant County, Texas, said permanent easement being a portion of a tract of land conveyed to Morrison Supply Company, L.P., according to the deed recorded in County Clerk's #D206011458, Deed Records of Tarrant County, Texas, said 0.170 of an acre tract of land being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found at the northeast corner of said Morrison Supply Company tract in the west line of Lot 5, Block 2, Austin Oaks Subdivision, an addition to said city according to the plat filed in Cabinet A, Slide 408, Plat Records, Tarrant County, Texas; THENCE S 00°37'49" W, along the east line of said Morrison Supply Company tract and along the west line of said Block 2, Austin Oaks Subdivision passing the southwest corner of Lot 1, Block 2 and the northwest corner of a tract of land conveyed to Austin Oaks Homeowners Association, Inc. according to the deed recorded in Volume 12586, Page 15, Deed Records, Tarrant County, Texas and continuing in all 493.34 feet to a % inch iron rod with a plastic cap stamped "Landes & Assoc." found in the northerly R.O.W. line of State Highway No. 114; THENCE N 84°04' 11" W along the northerly R.O.W. line of said State Highway No. 114,15.06 feet to a point; THENCE N 00°37'49" E, leaving said line 491.70 feet to a point in the north line of said Morrison tract; THENCE N 89"42'28" E,15.00 feet to the POINT OF BEGINNING and containing 0.170 acres of land. fi �l /fl - 3-0 - ob l;}W 1: 3 EASEMENT VACATION 0.170 OF AN ACRE OF LAND SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING A 15 FOOT WIDE PERMANENT WATERLINE EASEMENT AND ACCOMPANYING 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, RECORDED IN VOLUME 15934, PAGE. 278, PLAT RECORDS OF TARRANT COUNTY. TEXAS BEARINGS ARE BASED UPON MONUMENTS FOUND ALONG THE EAST LINE OF A TRACT OF LAND CONVEYED TO MORRISON SUPPLY COMPANY, L,P., ACCORDING TO THE DEED FILED IN CC #D206011458, DEED RECORDS OF TARRANT COUNTY, TEXAS, l ra SURVEY LIKE-1 LOT I J&M PARTNERS, LTD. VOL. 16685, PG, 31 D,R.T.Cj. ji'A 'Da -ilk (z_ 5/a. 1RF I N 89'42'28' Cr N Scale: 1' = 60' [ LOT 5 q I �L � 1 I 1 I G I ©c� I �0 L.P., i LOT 4 F- H MORRISON SUPPLY COMPANY, A CC #D206011458 i U. � © D.R.T.0 T. I U C4 M i Y 20' CONST. ESM'T. I U 00 VOL 15934, PG., 278-1 0..225 AC. o is ( OO V) Q y -I- (VACATED HY THIS tNST.) I A :r qD eQ -eel LOT 3 o Q I� III z I � LOT 2 ¢ ¢ i 010 o WATERllNI 15' E ESlKi"^ i VOL. 15934, PG. 278 0.170 AC. (VACATED BY THIS FIST,) I I I MON, FND. LOT 1 —10' U E. O'/ CITY OF GRAPEVINE NO • 35,15' 30, L&A 1/2" IRF VARfABL.E WIDTH R-O-W iANDES as ASSOCUTES. INC. V 6 SURVEYORS PROP&53YdNAI, LAND SQ. OF T STV »RN.N»NN,ISN JAMES Cr, FERGUSON s �a �Z �qNb°E's s; °r,�o�' sutxv #06129—V 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 certain 15' waterline easement and a 20' temporary construction easement located on Samuel Freeman Abstract No. 525 and recorded in volume 15934, page 278, D.R.T.C.T., 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 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: Morrison Supply Company, L.P. and any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: A 15 foot wide waterline easement and accompanying 20 foot temporary construction easement containing approximately 0.170 acres, as more particularly described in Exhibit "A" attached hereto, and shown graphically in Exhibit B. 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 , 2005. CITY OF SOUTBL.AKE By: Mayor, Andy Wambsganss STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Andy Wambsganss, 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 2005. 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